SECTION 1. Section 22 of Chapter 7 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding at the end thereof the following subsections:—(21) A procurement officer may procure, without competition, equipment that serves a specialized need or specialized function; provided, however, that the procurement officer shall provide to the office of the inspector general a detailed statement of the reasons for the sole source procurement, including, but not limited to safety, specialized purpose, or function. Sole source procurements shall be clearly identified as such. No procurement officer shall award a contract based on specifications that limit competition by relying upon language based on a single manufacturer’s specifications or promotional materials. No procurement officer shall use any specifications that utilize proprietary information unless such specifications are used for a sole source procurement.(22) A procurement officer may not utilize a sole source procurement by means of bidding out financing for an identified product or contractor, or for specifications that are limited to one product or one provider.
SECTION 2. Section 22B of said chapter 7, as so appearing, is hereby amended by adding at the end thereof the following paragraph:—The commissioner shall notify all cities and towns in the commonwealth when procurements are made on a statewide basis. The procurement officer shall consider the needs of cities and towns in making a procurement statewide and shall send to each city and town a statement of the reasons why he considers the procurement to be advantageous to the cities and towns. The procurement officer shall consider options on items and equipment to provide municipalities flexibility in utilizing procurements under this section.
SECTION 3. Section 7 of chapter 30B of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following subsections:—(d) A procurement officer may procure, without competition, equipment that serves a specialized need or specialized function; provided, however, that the procurement officer shall provide to the office of the inspector general a detailed statement of the reasons for the sole source procurement including, but not limited to safety, specialized purpose, or function. Sole source procurements shall be clearly identified as such. No procurement officer shall award a contract based on specifications that limit competition by relying upon language based on a single manufacturer’s specifications or promotional materials. No procurement officer shall use any specifications that utilize proprietary information unless such specifications are used for a sole source procurement.(e) A procurement officer may not utilize a sole source procurement by means of bidding out financing for an identified product or contractor, or for specifications that are limited to one product or one provider.
The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.