Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 21.00 - Procurement Commodities Or Services, Including Human And Social Services › Section 21.02 - Definitions

Current through Register 1525, July 5, 2024
Acquisition Method
. The method of
				procuring a Commodity or Service, or both. Acquisition methods include outright
				purchase, license, lease-purchase, lease, rental, fee-for-service or other
				methods authorized by law and implemented in accordance with policies and
				procedures issued by ANF, OSD and CTR.
Authorized Signatory
. An individual
				authorized in writing to execute Contracts or other agreements or commitments
				on behalf of a Department or Contractor.
Available Funding
. Operating
				appropriations, capital appropriations, trust funds or federal grant funds
				which have been appropriated or authorized for the purposes of a
				Contract.
Best Value
. The result of common sense
				Procurement decision-making consistent with the State's Procurement Principles,
				which are to balance and support the achievement of: required outcomes, best
				quality economic value, timely performance, minimizing the burdens on
				administrative resources, expediting simple or routine purchases, flexibility
				in developing alternative Procurement and business relationships, encouraging
				competition, encouraging the continuing participation of quality Contractors
				and supporting State and Department Procurement planning and
				implementation.
Bidder
. An individual or organization
				proposing to enter into a Contract to provide a Commodity or Service, or both,
				to or for a Department or the State.
Client
. An individual, group of
				individuals, the family or other person(s) who provides support to such
				individuals and who is eligible for or receiving Human and Social Services.
				Also referred to as "consumer".
Commodities
. An article of trade,
				goods, products, supplies or information technology resources, including
				automated data processing and telecommunications hardware, software and
				systems.
Commonwealth Terms and Conditions
.
				Documents, jointly issued by ANF, OSD and CTR, that must be executed by all
				Contractors that enter into Contracts with the State.
Consultant Contract
. A Contract for
				consultant services pursuant to M.G.L. c. 29, § 29A.
Contract
. A legally enforceable
				agreement between a Contractor and a Department. ANF, OSD and CTR shall jointly
				issue Commonwealth Terms and Conditions, a Standard Contract Form and other
				forms or documentation that Departments shall use to document the Procurement
				of Commodities or Services, or both.
Contract Employee
. An individual
				Contractor whose Contract performance was classified, prior to the Contractor's
				selection, as work to be performed under the direct supervision and control of
				the Department, and not work as an independent Contractor, pursuant to the
				federal Internal Revenue Service (IRS) SS-8 process.
Contractor
. An individual or
				organization which enters into a Contract with a Department or the State to
				provide Commodities or Services, or both.
Department
. Any Executive Office,
				Department, Agency, Office, Division, Board, Commission or Institution within
				the Executive Branch excluding the Legislative Branch, Judicial Branch,
				Constitutional Offices, Elected Offices, Public Institutions of Higher
				Education, the Military Division and Independent Public Authorities.
Designee
. A State employee who has
				been delegated authority in writing to act on behalf of a Department Head or
				other Department officer in their official capacity.
Duration
. The authorized total period
				of performance of a Contract under
				801 CMR 21.00, which includes
				the initial duration of a Contract, either less than one fiscal year, a single
				fiscal year or multiple fiscal years, and any options to renew beyond the
				initial duration of the Contract.
Environmentally Preferable Products and
				Services
. Commodities or Services that are less detrimental to the
				environment and human health than competing Commodities or Services serving the
				same purpose. Includes Commodities or Services that minimize waste, use
				recycled materials, conserve energy or water, or reduce the consumption or
				disposal of toxic materials.
Execution
. The distinct, verifiable
				signature or symbol of an authorized signatory of a Contractor or a Department
				which, when affixed to a document, is legally binding. If the signature is
				affixed through electronic means, the action of signing must be accomplished
				consistent with information processing standards established by CTR or by
				law.
Executive Office for Administration and Finance
				(ANF)
. The Executive Office established by M.G.L. c. 7.
Governor's Chief Legal Counsel
. The
				attorney, appointed by the Governor, who serves as the chief legal advisor to
				the Governor and who is responsible for the approval of outside legal services
				pursuant to M.G.L. c. 30, § 65.
Human and Social Services
. Services
				provided by a Contractor to assist, maintain or improve the personal, mental or
				physical well-being of Clients. This may include, but is not limited to,
				social, habilitative, rehabilitative, mental health, mental retardation,
				special education, vocational, employment and training and elder
				services.
Independent Contractor
. An individual
				or organization under Contract with a Department where the Contractor's work is
				not performed under the direct supervision and control of a Department.
Office of the Attorney General
. The
				Constitutional Office, headed by the Attorney General and established pursuant
				to M.G.L. c. 12.
Office of the Comptroller (CTR)
. The
				Department established pursuant to M.G.L. c. 7A.
Operational Services Division (OSD)
.
				The Department within the Executive Office for Administration and Finance
				established pursuant to M.G.L. c. 7, § 4A to regulate and oversee the
				Procurement of Commodities or Services in the State. OSD includes the Division
				of Purchased Services established by St. 1993, c. 110, § 274, as
				amended.
Procurement
. The acquisition of
				Commodities or Services, or both, which may be made through an outright
				purchase, license, lease-purchase, lease, rental, fee-for-service or other
				method approved by OSD or authorized by law.
Procuring Department
. A Department
				authorized to procure Commodities or Services, or both, for the Department or
				on behalf of multiple Departments. OSD shall be the primary Procuring
				Department for Statewide Contracts and may designate another Department to act
				as the Procuring Department for a Statewide Contract.
Recycled Products
. Goods containing
				materials which have been diverted from the solid waste stream including
				post-consumer materials and materials or by-products generated in industrial
				processes or which have been wholly or partially remanufactured.
Request for Response (RFR)
. The
				mechanism used to communicate Procurement specifications and to request
				Responses or interest from potential Bidders. An RFR may also be referred to as
				a "solicitation".
Response
. A Response from a Bidder to
				a Request for Response (RFR) under a competitive Procurement. A Response shall
				include submissions commonly referred to as "bids", "quotes" or
				"proposals".
Secretariat
. Any Executive Office
				established by M.G.L. chs. 6A and 7, including any Department, Agency, Office,
				Division, Board, Commission or Institution within such Executive
				Offices.
Selected Bidder
. A Bidder that has
				been selected to negotiate a Contract with a Procuring Department.
Services
. The furnishing of time,
				labor, effort or specialized skills by a Contractor. Services shall include
				operational, professional, maintenance and repair, non-professional, consultant
				and Human and Social Services, as well as any other services identified in
				policies and procedures issued by ANF, OSD and CTR.
Standard Contract Form
. A Contract
				form, jointly issued by ANF, OSD and CTR, that Departments shall use for the
				Procurement of Commodities or Services, or both, which incorporates by
				reference a Commonwealth Terms and Conditions.
State
. The Commonwealth of
				Massachusetts.
Statewide Contract
. A Contract
				procured on behalf of all Departments for specified Commodities or Services, or
				both, which may be used by any Department or other entities authorized by
				OSD.
Suspension
. The halt of Contract
				performance due to the lack of Available Funding, a breach of Contract,
				inadequate performance, an unanticipated emergency or other circumstances
				determined by a Department to warrant a pause in Contract performance. A
				suspension may continue until lifted by the Department, if the reason for the
				suspension has been alleviated, or Contract performance may be
				terminated.