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The 189th General Court of the Commonwealth of Massachusetts

Section 6A: Utilization of reverse auctions for the acquisition of supplies and services

[ Subsection (a) effective until November 7, 2016. For text effective November 7, 2016, see below.]

  Section 6A. (a) A chief procurement officer may enter into procurement contracts for $35,000 or more, utilizing reverse auctions for the acquisition of supplies and services. The reverse auction process shall include a specification of an opening date and time when real-time electronic bids shall be accepted and shall provide that the procedure remain open until the designated closing date and time.

[ Subsection (a) as amended by 2016, 218, Sec. 11 effective November 7, 2016. For text effective until November 7, 2016, see above.]

  (a) A chief procurement officer may enter into procurement contracts for more than $50,000, utilizing reverse auctions for the acquisition of supplies and services. The reverse auction process shall include a specification of an opening date and time when real-time electronic bids shall be accepted and shall provide that the procedure remain open until the designated closing date and time.

  (b) All bids on reverse auctions shall be posted electronically on the internet and updated on a real-time basis and shall allow for registered bidders to lower the price of their bid below the lowest bid on the internet.

  (c) The chief procurement officer shall require vendors to register before the reverse auction opening date and time and, as part of the registration, agree to any terms and conditions and other requirements of the solicitation.

  (d) Any mechanism including, but not limited to, software, developed by the operational services division to conduct reverse auctions by the commonwealth, shall provide for the utilization of that mechanism by municipalities.

  (e) The operational services division may assess a municipality utilizing the reverse auction mechanism a reasonable fee, calculated to compensate for any increased cost attributable to such utilization, which shall be credited to the General Fund.

  (f) Reverse auctions shall not be subject to clause (1) of subsection (b) or subsection (d) of section 5 but shall be subject to all other provisions of said section 5.