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 21.01 - Purpose, Application and Authority

Current through Register 1525, July 5, 2024
(1)
Purpose
. The
			 purpose of
			 801 CMR 21.00 is to provide
			 all Departments with uniform rules and standards governing the Procurement of
			 Commodities or Services, or both, including Human and Social Services for
			 Clients. Procurements will be considered in the best interests, or the Best
			 Value, to a Department and the State when a Procurement supports and balances
			 the following Procurement Principles: the achievement of required outcomes,
			 generates the best quality economic value, is performed timely, minimizes the
			 burden on administrative resources, expedites simple or routine purchases,
			 allows flexibility in developing alternative Procurement and business
			 relationships, encourages competition, encourages the continuing participation
			 of quality Contractors and supports State and Department Procurement planning
			 and implementation.
(2)
Application
.
(a)
			 Unless otherwise provided by law and excluding procurements for legal services,
			 801 CMR 21.00 shall apply to
			 all Procurements of Commodities or Services, or both, by any Executive Office,
			 Department, Agency, Office, Division, Board, Commission or Institution within
			 the Executive Branch.
			 801 CMR 21.00 will not apply
			 to the Legislative Branch, Judicial Branch, Constitutional Offices, Elected
			 Offices, Public Institutions of Higher Education, the Military Division and
			 Independent Public Authorities, although the use of
			 801 CMR 21.00 by these
			 entities is encouraged.
			 801 CMR 21.00 will not apply
			 to interdepartmental services or transactions between two or more State
			 Departments (
			 815 CMR 6.00 ) or to grants
			 and subsidies (
			 815 CMR 2.00 ). The Executive
			 Office for Administration and Finance (ANF) or the Operational Services
			 Division (OSD) will interpret
			 801 CMR 21.00 and may take
			 whatever actions necessary to carry out the purposes of
			 801 CMR 21.00. No Department
			 shall incur any obligation for, or authorize payments for, any Commodities or
			 Services except in accordance with
			 801 CMR 21.00. ANF, OSD and
			 the Office of the Comptroller (CTR) may issue additional policies, procedures
			 and Contract forms to be used by Departments to carry out the purposes of
			 801 CMR 21.00. OSD, through
			 its Division of Purchased Services, may issue policies, procedures and Contract
			 forms to be used by Departments for the procurement of Human and Social
			 Services for Clients.
(b) Pursuant
			 to M.G.L. c. 30, § 65,
			 801 CMR 21.00 shall apply to
			 all Procurements for legal services by any Officer, Department, Agency, Board
			 or Commission serving under the Governor, including Public Institutions of
			 Higher Education, or within one of the Executive Offices headed by a Secretary
			 appointed by the Governor. OSD, in consultation with the Governor's Chief Legal
			 Counsel and the Office of the Attorney General, shall develop policies and
			 procedures regarding the competitive procurement of outside legal services,
			 pursuant to M.G.L. c. 30, § 65. Such policies and procedures shall include
			 an initial determination by the Governor's Chief Legal Counsel that the legal
			 services can not be provided by a state employee before the procurement or
			 engagement of outside legal services. The Incidental Purchase Competitive
			 Procurement Exception in
			 801 CMR
			 21.05(1)  shall not apply to
			 the procurement of outside legal services.