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| 2 | 2 | | HOUSE DOCKET, NO. 998 FILED ON: 1/14/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3374 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Michael P. Kushmerek |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to Chapter 30B procurement through RFPs and cooperative contracts. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Michael P. Kushmerek3rd Worcester1/14/2025 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 998 FILED ON: 1/14/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3374 |
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| 18 | 18 | | By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 3374) |
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| 19 | 19 | | of Michael P. Kushmerek relative to certain procurements through requests for proposals and |
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| 20 | 20 | | cooperative contracts. State Administration and Regulatory Oversight. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 3077 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to Chapter 30B procurement through RFPs and cooperative contracts. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 4 of chapter 30B of the General Laws, as appearing in the 2022 |
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| 32 | 32 | | 2Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof |
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| 33 | 33 | | 3the following subsection:- |
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| 34 | 34 | | 4 (a) Except as permitted pursuant to this section and section 7, for the procurement of a |
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| 35 | 35 | | 5supply or service for a governmental body in the amount of $10,000 or greater, but not more than |
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| 36 | 36 | | 6$50,000, a procurement officer shall seek written quotations from no fewer than 3 persons |
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| 37 | 37 | | 7customarily providing the supply or service; provided, however, that for the procurement of a |
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| 38 | 38 | | 8supply or service for a municipal or regional school district such amount shall be $10,000 or |
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| 39 | 39 | | 9greater, but not more than $100,000. The procurement officer shall record: (1) the names and |
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| 40 | 40 | | 10addresses of all person from whom quotations were sought, (2) the purchase description used for 2 of 3 |
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| 41 | 41 | | 11the procurement, (3) the names of the persons submitting quotations and (4) the date and amount |
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| 42 | 42 | | 12of each quotation. Such information shall be retained in the file required pursuant to section 3. A |
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| 43 | 43 | | 13governmental body may require that any procurement for a governmental body in an amount of |
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| 44 | 44 | | 14not more than $50,000 be subject to section 5 or section 6; provided, however, that any |
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| 45 | 45 | | 15procurement for a municipal or regional school district such amount shall be not more than |
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| 46 | 46 | | 16$100,000. |
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| 47 | 47 | | 17 SECTION 2. Section 4 of chapter 30B of the General Laws is hereby amended by |
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| 48 | 48 | | 18striking out subsection (b) and inserting in place thereof the following subsection:- |
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| 49 | 49 | | 19 (b) The procurement officer shall award the contract to the responsible person offering |
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| 50 | 50 | | 20the needed quality of supply or service at the lowest quotation unless the procurement officer |
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| 51 | 51 | | 21elected to procure the supply or service subject to section 6. If the supply or service was procured |
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| 52 | 52 | | 22subject to section 6, the procurement officer shall award the contract pursuant to section 6 |
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| 53 | 53 | | 23subsection (g). |
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| 54 | 54 | | 24 SECTION 3. Section 6 of said Chapter 30B is hereby amended in paragraph (a) by |
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| 55 | 55 | | 25inserting after the figure “$50,000” the following words: “except as permitted pursuant to section |
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| 56 | 56 | | 264 subsection (a),” |
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| 57 | 57 | | 27 SECTION 4. Section 22 of said Chapter 30B is hereby amended by striking out Section |
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| 58 | 58 | | 2822 in its entirety and inserting in place thereof the following section:- Section 22. A public |
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| 59 | 59 | | 29procurement unit may participate in, sponsor, conduct or administer a cooperative purchasing |
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| 60 | 60 | | 30agreement for the procurement of supplies and services bid in accordance with Massachusetts |
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| 61 | 61 | | 31General Law Chapter 30B with public procurement units or external procurement activities in |
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| 62 | 62 | | 32accordance with an agreement entered into between the participants. The public procurement 3 of 3 |
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| 63 | 63 | | 33unit conducting the procurement of supplies and services shall do so in a manner that constitutes |
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| 64 | 64 | | 34a full and open competition. |
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