Note: This Glossary provides definitions for terms that have unique meanings for the Operational Services Division. When there is a conflict between the terms contained in this Glossary and those contained in Commonwealth statute, regulation, executive order or the terms of a contract or Request for Response, the latter list shall control over the terms found in the Glossary.

 

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

 

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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. (See 801 CMR 21.00)

 

Active Contract - A contract which is currently in use or effect.

 

Administration and Support Costs - See 808 CMR 1.00

 

Amendment - Any change to an active contract or its requirements, which has been enacted by the execution of a Standard Contract Amendment Form by the contracting department and the contractor, and which occurs before the Contract End date stated in the RFR and the original contract.

 

Agency - Any subdivision of the executive branch of government in the Commonwealth.  See also Department.

 

Agency Chief Procurement Officer (ACPO) - The head of procurement and sourcing within an agency, as defined in Executive Order 533, who has a direct report within their agency and a dotted line report to the Assistant Secretary for Operational Services.  This individual is also the agency’s Supplier Diversity (SD) Officer, as defined in Section 4 of Executive Order 524.

 

Amendment - When referring to a contract, is any change made to a contract.

 

Announcement - Notification posted on Comm- PASS that a procurement of goods or services will be forthcoming.  Optional if under the World Trade Organization (WTO) threshold level and required if the procurement will exceed the current WTO threshold.

 

Assistant Secretary for Operational Services - The head of the Operational Services Division, and the Commonwealth’s Chief Procurement Officer

 

Authorized Price - See 808 CMR 1.00

 

Authorized Signatory - An individual authorized in writing to execute Contracts or other agreements or commitments on behalf of a Department or Contractor and as referenced on the Authorized Signatory Form. (See 801 CMR 21.00)

 

Available Funding - Funds available to an Agency to purchase goods or services. (See also 801 CMR 21.00)

 

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Base Year - See 808 CMR 1.00

 

Benchmark - Levels of spending, as determined by the Operational Services Division, which Executive Departments will reserve for the Small Business Purchasing Program (SBPP), Minority-Owned Business Enterprises (MBEs), Woman-Owned Business Enterprises (WBEs), Minority and Woman-Owned Business Enterprise (M/WBEs) or Service-Disabled Veteran-Owned Business Enterprise (SDVOBE) expenditures.

 

Best Value – Tradeoff between price and performance that provides the greatest overall benefit under the specified selection criteria. (See also 801 CMR 21.00)

 

Bid Packet - Catch-all terms which may refer to either the public purchaser's request for response or package of specifications and forms which interested bidders must review and complete; OR the vendor's completed response and forms submitted for evaluation within the solicitation for a contract.

 

Bid or Response - An offer submitted by a bidder/vendor in response to a solicitation.

 

Bid Notification List - A list maintained by some public purchasing organizations which requires interested vendors to declare areas of interests in order to receive notification of available bids.  OSD does not maintain nor require interested bidder registration on a bid list.  The Comm-PASS website is available free of charge to the public for viewing all solicitations and contracts. However there is an optional value-added subscription, called SmartBid, which bidders can purchase to be notified of all solicitations being posted based on their areas of interest.

 

Bidder - A vendor who wishes to sell to the state and is responding to a solicitation. (See also 801 CMR 21.00)

 

Bidders' List - A list of all vendors who have received a bid packet and/or submitted a response.  Laws and regulations vary as to the maintenance of these lists. Purchasers typically make public, at some point in the procurement cycle, lists of vendors who have submitted responses.

 

Bidder Response - The formal submission of a bid or offer from a vendor in response to an RFR or other type of solicitation.

 

Buyer – When used to refer to a public purchaser, is a government entity that purchases goods and services from vendors.

 

BuySmart - The program designed within Comm-PASS for eligible public purchasers within the borders of Massachusetts.

 

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Capital Item – When used in reference to contracts for health and human services, see 808 CMR 1.00.

 

Chief Procurement Officer (CPO) - The individual in an agency who has primary responsibility for managing procurements and contracts.

 

Chief Information Officer (CIO) – The individual who is responsible for all information technology resources within the entity.

 

Chief Security Officer (CSO) - The individual who is responsible for ensuring that the information and IT systems of an entity have adequate security controls in place.

 

Clarification – When referring to a bid response from a bidder, an explanation by a bidder of what is stated in their bid response.  When referring to an action by a procuring department, an action taken in an RFR or other solicitation to explain or clarify the intent of the department.

 

Client - As used to define individuals eligible for receiving Human and Social Services, see 808 CMR 1.00.

 

Client Resources - See 808 CMR 1.00

 

Closed Solicitation - Solicitations which have reached the deadline for accepting responses.  No responses may be accepted after a solicitation has reached the response deadline.

 

Code of Massachusetts Regulations (CMR) - These published regulations are created and enforced by Executive Branch Agencies, (given authority by the legislature to create and enforce), though not all Agencies have published their regulations.  OSD’s regulations can be found at OSD’s Regulations page.

 

COMMBUYS - The Commonwealth’s new eProcurement system, effective in March 2014.

 

Commercial Fee - See 808 CMR 1.00

 

Commercial Income - See 808 CMR 1.00

 

Commodities - An article of trade, goods, products, supplies or information technology resources, including automated data processing and telecommunications hardware, software and systems as defined in 801 CMR 21.00.

 

Commodity Codes - A unique numeric assignment used to classify goods and services. In the Commonwealth’s accounting system, MMARS, Commodity Codes are determined by using the United Nations Standard Products and Services Code (UNSPSC), an internationally accepted code standard.

 

Commonwealth Print Services (CPS) - The revenue generating print shop of OSD that provides printing services to state agencies and the public for a fee.

 

Comm-PASS - The Commonwealth Procurement Access and Solicitation System or the former official procurement record system for the Commonwealth of Massachusetts since 1997 and required for use by (1) Executive Departments and (2) awarding authorities conducting public works and construction valued at $10 million or more and available for use by all public entities within the Commonwealth.  Comm-PASS provides free, Internet-based access to all public procurement information posted within the system.  See “COMMBUYS” for a description of the Commonwealth’s new eProcurement system, effective in March 2014.

 

Comm-PASS Helpline - The technical help desk for the Operational Services Division of the Commonwealth, available at 888-627-8283, Comm-PASS@MassMail.State.MA.US.

 

Commonwealth Terms and Conditions - The standard contract document that all vendors selling goods and services to the state must sign.  See also 801 CMR 21.00.

 

Construction - Construction procurement, which is governed by MGL c. 149, §44A-H and MGL c. 30, §39M, is the responsibility of the Division of Capital Asset Management and Maintenance DCAMM) and the Massachusetts Department of Transportation (MassDOT) or other entity conducting such construction procurement, and is not the responsibility of OSD.

 

Construction Reform - refers to the Construction Reform Law, Chapter 193 the Acts of 2004, which represented the most comprehensive reform to the public construction laws of the Commonwealth of Massachusetts in 25 years. Also, refers to the Construction Reform Program of the Supplier Diversity Office of the Operational Services Division, which has been charged with the responsibility of monitoring, educating, and improving the implementation of Construction Reform Law throughout the Commonwealths 351 municipalities. For more information about this program, go the Construction Reform Program website.

 

Consultant Contract - See 801 CMR 21.00.

 

Contract - A legally enforceable agreement between a Contractor and a Department. See also 801 CMR 21.00.

 

Contract Employee - See 801 CMR 21.00.

 

Contract User Guide - Guidance issued to Buyers by OSD on how to use a specific Statewide Contract.

 

Contractor - An individual or organization which enters into a Contract with a Department or the State to provide Commodities or Services, or both (as defined in 801 CMR 21.00) and to provide Human or Social Services or which operates Programs approved by the Department of Education under M.G.L. c. 71B (as defined in 808 CMR 1.00).

 

Contract Revenue - When used in reference to contracts for health and human services, see 808 CMR 1.00.

 

Controlled - When used in reference to applicants for M/WBE certification by the Supplier Diversity Office, see 425 CMR 2.00

 

Credentials - When used in reference to applicants for M/WBE certification by the Supplier Diversity Office, see 425 CMR 2.00

 

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Data Spend Analysis - Analysis conducted to determine and interpret the dollar amounts spent on a particular good/service or grouping of goods and services by a department, or aggregated buying groups.

 

Days - When referring to contracts with Human and Social Service Providers, see 808 CMR 1.00.

 

Debarment – The exclusion by a public entity of a vendor from the public bidding process or prohibition of responses or bids from a vendor when there is evidence of improper conduct, including, but not limited to, fraud, collusion, attempts to improperly influence a bid process or indictment by the bidder/contractor. All departments must check the debarred vendor lists before awarding or renewing a contract (or subcontract) in order to ensure that they are not awarding a contract to a debarred vendor. The list of debarred contractors can be found on OSD’s Vendor Debarment Webpage.

 

Debriefing – Process which allows an unsuccessful bidder the opportunity to ask questions regarding the evaluation of its response. Debriefings are designed to identify any weak areas in a response and suggest improvements for future bids.

 

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.  The term also includes Massachusetts Local Education Authorities (LEAs) when purchasing M.G.L. c. 71B Approved Private School Programs, as defined in 808 CMR 1.00.  See also Agency.

 

Department of Elementary and Secondary Education (DESE) – The state department established by M.G.L. c. 15, § 1, including its departments and divisions, as referenced in M.G.L. c. 71B and 808 CMR 1.00.

 

Designee – As referenced in 801 CMR 21.00, 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.

 

Division of Purchased Services (DPS) - The office within the Operational Services Division of the Executive Office for Administration and Finance, which was created pursuant to MGL c. 7, s. 22N, for the purpose of auditing human and social service providers and establishing prices for M.G.L. c. 71B Approved Private School Programs. (See also 808 CMR 1.00)

 

Document Number - Also referred to as the “RFR Number” or “Solicitation Number” or, after contract award, “Contract Number”. This is the identification number for a particular solicitation or contract.

 

Donor Agency – When used in the context of Commonwealth surplus personal property, refers to the agency reporting surplus property to the State Office for Surplus Property. (See 802 CMR 3.00)

 

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Electronic Funds Transfer (EFT) – Automated process where businesses can receive direct deposit of all payments from the Commonwealth to their bank account.

 

Eligible Entity - When used in reference to entities that may purchase from a specific contract, means those public and other entities listed in the solicitation record such as the Request for Response and/or as listed on the Issuer’s Tab on Comm-PASS that, pursuant to contract terms or statutory or other authorization, is eligible to use a particular contract.

 

Eligible Person - When used in reference to applicants for M/WBE certification by the Supplier Diversity Office, means an adult permanent resident of the United States who is a minority or woman. This person must also be represented by the applicant to be a minority person or woman who controls, or is among the persons, who control the non-profit organization. (See 425 CMR 2.00)

 

Eligible Principal – When used in reference to applicants for M/WBE certification by the Supplier Diversity Office, see 425 CMR 2.00

 

Enterprise - Encompasses the IT environment of the Commonwealth of Massachusetts' Executive Department.

 

Enterprise Resource Planning (ERP) - A cross-functional enterprise system that facilitates information flow between all business functions inside the organization, and manages connections to outside stakeholders.

 

Enterprise Technology Solutions - Shared services that agencies are required or encouraged to use when there is a business need, or products or tools on which the Commonwealth has standardized.

 

Entity/Department – When used in the context of the electronic procurement system, means an agency (not OSD) that chooses to use Comm-PASS, and who sets up Comm-PASS to suit their organizational environment.

 

Environmentally Preferable Products - Commodities or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. Such products or services may include, but are not limited to, those which contain recycled content, minimize waste, conserve energy or water, and reduce the amount of toxics disposed or consumed. (See 801 CMR 21.00)

 

Environmentally Preferable Products Plan Form (EPP Form) - A standard evaluation tool included with Requests for Response (RFR) that will result in a Contract.

 

Environmentally Preferable Products (EPP) Purchasing Program - Administered by the Operational Services Division, works with the partnership support of the Massachusetts Executive Office for Administration and Finance (ANF), and other State Executive Agencies, to promote the purchase and use of environmentally preferable commodities and services throughout state and local Commonwealth departments.

 

EPP Vendor - Vendors that provide Environmentally Preferable Products and/or Services.

 

End Date – When used in reference to a contract, the final date of the contract, not including renewal options.

 

eProcurement Solution - The electronic implementation of the procurement cycle that may include all phases of procurement from sourcing to payment.

 

Evaluation - The process, conducted by the Procurement Management Team (PMT) or Strategic Sourcing Services Team (SSST), of reviewing, scoring and ranking the submitted bids/Responses related to this Solicitation.

 

Evaluation Committee - Committee formed to evaluate and analyze the bid submissions for completeness, conformance with the requirements of the RFR.  See also Procurement Management Team (PMT) and Strategic Sourcing Team (SST).

 

Evaluation Criteria - Standards established for evaluating the RFR Bidder submissions, including standards related to pricing, terms and conditions or other items required by the Strategic Sourcing Team to be addressed by the bidders.

 

Evaluation Score Card - Metrics established for documenting and grading the RFR Bidder submissions. 

 

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, including those signature affixed through electronic means.

 

Executive Department - The agencies that comprise the Executive Branch of state government with the exception of the Constitutional Offices - the State Auditor, State Treasurer and Receiver General, the Attorney General, and the Secretary of the Commonwealth.

 

Executive Office for Administration and Finance (ANF) - Executive Office established by MGL c. 7.

 

Executive Order - Written orders or instruments promulgated by the Governor setting forth policies and procedures in furtherance of his statutory and constitutional responsibilities and which has the force of law.

 

Executive Order No. 533 - An executive order signed by Governor Deval Patrick on 5/9/11 to enhance the efficiency and effectiveness of executive department procurements and establish a municipal procurement program.

 

Expenditure Classification Handbook - Handbook of expenditure object classes and object codes issued by The Office of the Comptroller, which is helpful in determining coverage of 801 CMR 21.00.

 

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FID or FEIN - A Federal employer identification number.

 

Fiscal Year - The year beginning with July 1 and ending with the following June 30, as defined in M.G.L. Chapter 4, Section 7. This time period may also be referred to as the "State Fiscal Year" and may appear with the abbreviation "FY," e.g., FY2010 denotes the period between July 1, 2009 and June 30, 2010.

 

Fiscal Year of the Commonwealth - The 12 month period beginning on July 1 and ending on June 30th. (as defined in 808 CMR 1.00)

 

Forums - A public page and process on Comm-PASS for questions and answers regarding a solicitation.

 

Free from Conversion Rights - When used in reference to applicants for M/WBE certification by the Supplier Diversity Office, means: Neither the applicant nor the eligible principal(s) is (are) subject to any right, agreement, option, scheme or document that creates or is representative of any right, which, if exercised, would result in diluting the ownership of the eligible principal(s) in the applicant below 51% or cause the applicant to not be independent or controlled by one or more eligible principals or eligible persons. (see 425 CMR 2.00)

 

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General Laws – Statutes that are permanent in nature, i.e. not a session law, and are applicable to the entire Commonwealth or to state government.

 

Guideline - A collection of system-specific or procedure-specific suggestions for best practices that guide the implementation of policies and standards. Guidelines are advisory in nature and are strongly recommended.

 

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High Level Criteria - Criteria that is identified at a high level to be important to the buyer.  This criteria can then be broken down into detailed sub-criteria or evaluated at this level.

 

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, health, mental health, mental retardation, special education, vocational, employment and training and elder services. (See 801 CMR 21.00 and 808 CMR 1.00)

 

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Incidental Purchase - A one-time purchase, or multiple purchases, with a total dollar value that does not exceed the minimum amount established by law, ANF or OSD. (See MGL c. 7, s. 22(2) and 801 CMR 21.00 and Procurement Exceptions)

 

Independent - When used in reference to applicants for M/WBE certification by the Supplier Diversity Office, see 425 CMR 2.00.

 

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. (801 CMR 21.00)

 

Issuer - The individual public purchaser and related Entity-Department organization identified as responsible for the procurement record.

 

Inactive - When used to refer to the status of a contract, is a contract which is no longer available for use.

 

Information Technology Resources (IT Resources) - The Commonwealth's computers, printers, and other peripherals, programs, data, local and wide area networks, access to the Internet when provided by the Commonwealth, and remote access methods, including VPN.

 

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Key Performance Indicators (KPI) - Measures developed to track success or failure of requirements set out in a contract with a supplier.

 

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Large Procurement - Procurements conducted by Executive Departments with a total procurement value greater than $150,000.

 

Limited-Department User Contract – Contract procured by a group of departments and open for use by limited departments. One department is selected to be responsible for contract execution.

 

Local Education Authority (LEA) - A local school district or public school defined pursuant to M.G.L. c. 71B. (See also 808 CMR 1.00)

 

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Market Analysis - Examination of how the economy, the industry, the suppliers in the industry, and buyers all work to affect the goods and services being procured.

 

M.G.L. c. 71B Approved Private School - A private day or residential school approved in accordance with DOE regulation 603 CMR 18.00 or successor thereto.  Also referred to as Approved Private School. (See also 808 CMR 1.00)

 

MASSbuys Expo - Commonwealth’s annual expo for buyers and statewide contractors, which was formerly known as the STAR Expo.

 

Mass.Gov - The enterprise portal developed for use by all citizens, businesses, visitors, and government agencies to facilitate interaction between the Commonwealth of Massachusetts and the various customers of its services as well as business partners.

 

Maximum End Date - The final date of the contract, including any renewal options.

 

Maximum Obligation - The maximum dollar amount of the Department's contract to pay for Commodities and/or Services.

 

Memorandum of Surplus and Salvage Property - Listing of surplus property with regulations covering declaration of property as surplus. (See 802 CMR 3.00)

 

Minority - - When used in reference to applicants for M/WBE certification by the Supplier Diversity Office, pursuant to 425 CMR 2.00, means a person who meets one or more of the following definitions:

 

(a)American Indian or Native American means: all persons having origins in any of the     original peoples of North America and who are recognized as an Indian by a tribe or tribal organization.

(b)Asian means: All persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands, including, but not limited to China, Japan, Korea, Samoa, India, and the Philippine Islands.

(c)Black means: All persons having origins in any of the Black racial groups of Africa, including, but not limited to, African-Americans, and all persons having origins in any of the original peoples of the Cape Verdean Islands.

(d)Eskimo or Aleut means: All persons having origins in any of the peoples of Northern Canada, Greenland, Alaska, and Eastern Siberia.

(e)Hispanic means: All persons having their origins in any of the Spanish-speaking peoples of Mexico, Puerto Rico, Cuba, Central or South America, or the Caribbean Islands.

(f)Portuguese means: All persons having Portuguese origin. Portuguese persons shall only be included in the definition of minority if specifically set forth in programs funded by state transportation bond statutes which include such persons as eligible participants.

 

MBE/WBE Certification - The process by which the Supplier Diversity Office (SDO), formerly known as State Office for Minority and Women Business Assistance (SOMWBA), reviews and investigates Minority and Women Owned Business Enterprise (M/WBE) applicants who seek to participate in affirmative business opportunities in order to ensure that they meet the statutory and regulatory requirements of the Supplier Diversity Office (SDO).

 

MMARS - Massachusetts Management Accounting and Reporting System, the Commonwealth's accounting system.

 

Multi-Department Contract - Contracts that are procured by one department with the option of allowing other departments to use the procurement to execute their contracts.

 

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Negotiation - Communication between Sourcing Lead or Sourcing Team and bidder in order to finalize an agreement on contract terms.

 

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Object Code – As defined in the Comptroller’s Expenditure Classification Handbook, is a Subsidiary of the object class which is used to classify all expenditures of the Commonwealth. (i.e. E12 Subscriptions, Memberships and Licensing Fees).

 

Object Class - One of 17 categories being used to classify a type of expenditure (i.e. AA-salaries permanent positions, EE - administrative expenses). Subsidiaries are established by the Legislature at the end of the budget process and are defined in the Comptroller’s Expenditure Classification Handbook.

 

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 or OSC) - An independent agency, established pursuant to M.G.L. c. 7A, within the Executive Branch which works with Commonwealth fiscal officers in over 150 Departments to ensure the integrity, accountability and efficiency of the Commonwealth's fiscal operations. This office also oversees contracts in cooperation with ANF and OSD.

 

Off‑Setting Revenue - When used in reference to contracts for health and human services, see 808 CMR 1.00.

 

Office of Child Care Services (OCCS) - An office of the Commonwealth established by M.G.L. c. 28A. (See 808 CMR 1.00)

 

Office of Vehicle Management (OVM) - The unit within the Operational Services Division which establishes policies for and regulations associated with the use of Commonwealth vehicles. They apply to all state vehicles, as defined, owned, leased, rented, or received as gifts contracted by the Commonwealth of Massachusetts. Exclusions: Commonwealth's Constitutional, Legislative and Judicial Offices, the public institutions of higher learning, independent authorities, state police troopers and the environmental police.

 

Ongoing - When used in reference to applicants for M/WBE certification by the Supplier Diversity Office, see 425 CMR 2.00

 

Online Bid Submission - Functionality within the Commonwealth’s eProcurement system which allows interested bidders to upload and submit their bid responses electronically.

 

Open - When referring to the status of a solicitation, means a solicitation which is available for vendors to bid on.

 

Open Enrollment - Refers to a solicitation which may be opened at specific or optional time intervals for bidders to submit bid responses.

 

Open Enrollment Contract - A contract which allows the SSST/PMT to re-open the RFR at pre-defined time periods or at any time during the life of the Contract to allow for additional bids from vendors. The SSST/PMT will only reopen the RFR if it determines that it is in the best interest of the Commonwealth to do so.

 

Operational Services Division (OSD) - The oversight 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 and Services in the State. In addition, OSD includes the following operational units: Office of Vehicle Management, Supplier Diversity Office, Commonwealth Print Services, State Surplus Property Office, eProcurement system, Division of Purchased Services (including the Audit and Quality Assurance Unit and Special Education Pricing Unit), Legal, Policy and Compliance Office, Training, Outreach and Marketing unit, Administration and Finance unit.

 

OSD Update – See “Contract User Guide”

 

Out-of-State Applicant or Entity – When used in reference to applicants for M/WBE certification by the Supplier Diversity Office, means an applicant or entity whose principal place of business is other than Massachusetts. (See 425 CMR 2.00).

 

Owned - When used in reference to applicants for M/WBE certification by the Supplier Diversity Office, see 425 CMR 2.00.

 

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Personal Property – When used in the context of the State Surplus Property Office, means all state-owned property, (e.g. furniture, office machines, vehicles) except land and buildings. (See 802 CMR 3.00)

 

Policy - A document that outlines specific requirements and rules that must be met. These mandatory and enforceable directives are often supported by Standards, Procedures and other documents that provide more detail on implementation and compliance.

 

Procedures - Implementation requirements or detailed steps that must be taken to comply with a particular policy.

 

Procure - To acquire.

 

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.

 

Procurement File - A Procuring Department shall maintain a paper or electronic Procurement file for each Procurement of Commodities or Services, or both. The file shall contain the original, copies or the file location of the RFR and data or other information relevant to the Procurement and selection of a Contractor, the executed Contract form(s), correspondence with the Contractor and any applicable approvals or justifications.

 

Procurement Information Center (PIC) - A set of companion documents to the Commonwealth's procurement regulations, which provides comprehensive guidance to departments on what is required when conducting public procurements, managing contracts and recommended best practices for consideration.

 

Procurement Law - There are multiple laws which govern procurement in the Commonwealth. Each solicitation must reference at least one of them when being posted.  For example, for goods and services procurements, state agencies follow MGL c. 7, §22 and MGL c. 30, §51 and §52, while cities and towns follow MGL c. 30B.

 

Procurement Type - Every procurement is referenced to one of the procurement laws. This determines who can purchase under what 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.

 

Program - When used in the context of Human and Social Services, is the delivery of one or more discrete services in an organized and coordinated fashion in order to achieve contract objectives or a M.G.L. c. 71B private special education Program approved by DOE. (See also 808 CMR 1.00)

 

Prompt Payment Discount (PPD) - Discount allowed by a supplier for paying earlier than the supplier’s standard credit terms. Discounts can be taken in cases where the payment date is within the number of days specified in MMARS and in accordance with the Commonwealth’s Bill Paying Policy - and General Payment Policies, available on the Comptroller's website. (For example  1/15 net 30 is 1% discount if the invoice is paid within 15 days of invoice issuance and the full, or net, amount of the invoice amount if paid between day 16 and 30.)

 

Public Purchaser - A buyer who is authorized to buy from a contract in Comm-PASS.

 

Public Records Law - The Massachusetts Public Records Law provides that every person has an absolute right of access to public information.  This right of access includes the right to inspect, copy or have copies of records provide upon the payment of a reasonable fee.

 

Purchase of Service (POS) - Human and Social Services – Social, rehabilitative, health, special education, employment and training and other services provided to help, maintain, or improve the well-being of clients.

 

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Quick Quote (Free Form) - An online quote request open to SmartBid Subscribers in the Comm-PASS system who are interested in responding online to a posted request for quotes.  Depending on the contract value, SBPP requirements may apply.

 

Quick Quote (Statewide Contract) - An online quote request open to response by Statewide Contractors only.  To determine if a Statewide Contract is enabled with the Quick Quote functionality, read the applicable Contract User Guide.

 

Quote - A description of services and an estimate of cost for services submitted in response to a Request for Quotes (RFQ).

 

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Receiving Agency - When used in the context of Commonwealth surplus personal property, refers to the agency receiving surplus property from either state administered warehouse or a donor agency. (See 802 CMR 3.00)

 

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. (See 801 CMR 21.00)

 

Reimbursable Operating Costs - When used in the context of Human and Social Services, those costs reasonably incurred in providing the services described in the contract and/or, in the case of a Program approved under the provisions of M.G.L. c. 71B, in providing the services mandated by DOE or specifically included in an Authorized Price, with the exception of costs enumerated in 808 CMR 1.05 and costs excluded in the Authorized Price.  Operating costs shall be considered “reasonably incurred” only if they are reasonable and allocable using the standards contained in Federal Office of Management and Budget Circular A-122 or A-21, or successors thereto. (See 808 CMR 1.00)

 

Related Party.  When used in the context of Human and Social Services, any person or organization satisfying the criteria for a Related Party published by the Financial Accounting Standards Board in Statement of Financial  Accounting Standards No. 57 (FASB 57). (See 808 CMR 1.00)

 

Request for Information or Interest (RFI) - A mechanism used by a Procuring Department to gather information to assist in the development of a potential Procurement by inviting other Departments, potential Bidders or other interested parties to provide technical and business advice concerning industry standards, practice, general cost or price structures or other information which is relevant to the type of Commodities or Services, or both, that a Procuring Department seeks to procure. (See 801 CMR 21.00)

 

Request for Response (RFR) - The mechanism used by a Procuring Department to communicate Procurement specifications and to request Responses or interest from potential Bidders.  An RFR may also be referred to as a "solicitation". (See 801 CMR 21.00) See also “Solicitation”.

 

Request for Quote (RFQ) - The mechanism used by a Procuring Department to ask contractor(s) for quotations of a specific commodity or service prior to purchasing in order to get the best value and/or generate competition for the lowest price.

 

Required Specifications – Detailed requirements about a product and/or service, including manufacturing, service, quality, performance, legal or other requirements.

 

Requisition - Method by which a purchaser states a need and looks to see if it is already available on a contract or a statewide contract. Requisitions are also the first step in ordering off of a contract.

 

Response - A Response from a Bidder to a Request for Response (RFR) under a competitive Procurement; also referred to as a "bid", "quote" or "proposal". (See 801 CMR 21.00)

 

Response Form - A document attached to a solicitation’s Forms and Terms Tab that must be completed and submitted by Bidders in their response to the solicitation.

 

Restricted Funds - When used in the context of Human and Social Services, those temporarily and permanently Restricted Funds derived from charitable contributions, as defined in the Uniform Financial Statements and Independent Auditor’s Report (UFR), which have been designated to a specific use by their donor.  Funds which have been restricted as to application by the Contractor’s governing body are not considered restricted. (See 808 CMR 1.00)

 

Rolling Enrollment - refers to a solicitation which is open on an ongoing basis for bidders to submit bid responses.

 

Rolling Enrollment Contract - A contract which the SSST/PMT has opted to remain open for a pre-defined or for the life of the Contract to allow for additional bids from vendors. The SSST/PMT may opt to close the rolling enrollment if it determines that it is in the best interest of the Commonwealth to do so.

 

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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. (See 801 CMR 21.00)

 

Secretariat Chief Procurement Officer (SCPO) – An individual in a secretariat within the Executive Department who has been delegated to ensure that the Secretariat is in compliance with Executive Order 533 and for appointment of Agency Chief Procurement Officers.  Each SCPO shall also serve in the role of Secretariat Supplier Diversity Officer (SDO) as defined in Section 4 of Executive Order 524. Each SCPO shall report both to the SCPO's respective secretariat and, through a dotted line relationship, to the Assistant Secretary for Operational Services.

 

Selected Bidder - A Bidder that has been selected to negotiate a Contract with a Procuring Department. (See 801 CMR 21.00)

 

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. (See 801 CMR 21.00)

 

Service Disabled Veteran Owned Business Enterprise (SDVOBE) - A service-disabled veteran-owned business, whose status as such can be verified via the VetBiz Vendor Information Pages Verification Program located at www.VetBiz.gov or the successor vendor information and verification system established by or in contract with the federal government.

 

Small Business - For purposes of the Small Business Purchasing Program (SBPP), Small Business means any entity, including all of its affiliates combined, if that entity, exclusively through Comm-PASS SmartBid, accepts the participation agreement and attests to meeting all program criteria below, as applicable:

  • has its principal place of business in Massachusetts;
  • has been in business for at least one year;
  • currently employs a combined total of 50 or fewer full-time equivalents in all locations;
  • has gross revenues as reported on the appropriate IRS tax form of $15 million or less, based on a 3-year average; and,

EITHER

  • for any entity attesting to Business Type "For-Profit":
    • is organized under the laws of the Commonwealth or is properly registered to do business in the Commonwealth; and
    • is independently owned and operated.

OR

  • for any entity attesting to Business Type "Non-Profit" (i.e. 501(c)):
    • is registered as a nonprofit or charitable organization with and up to date on its filings with the Massachusetts Attorney General's Office; and
    • is tax-exempt under Section 501(c) of the Internal Revenue Code, i.e. organized and operated exclusively for exempt purposes set forth in section 501(c) and none of its earnings may inure to any private shareholder or individual.

 

Small Business Purchasing Program (SBPP) - Executive Order 523 established the SBPP.  Small procurements valued between $10,000 and $150,000 must be awarded to bidders that meet the buyer’s needs as identified in the procurement and that meet the SBPP’s eligibility requirements.

 

Small Procurement - Procurements by Executive Departments with a total procurement value greater than $10,000 and less than or equal to $150,000.

 

SmartBid - The value add feature of Comm-PASS which offers subscribers additional benefits in using Comm-PASS. 

 

SmartBid Subscribers - Vendors that subscribe to Comm-PASS are provided with SmartBid features including email notification for bidding opportunities, customized desktop, business directory listing and online response functionality.

 

Software-as-a-Service (SaaS) - A software delivery model in which software and associated data are centrally hosted off-premise by a third-party vendor, rather than on-premise on one’s own servers.

 

Solicitation - A type of bid request record posted by a public purchaser/buyer for the purpose of notifying prospective bidders that the Commonwealth seeks to receive bids/proposals/responses to furnish specific commodities and/or services.  A solicitation posted on Comm-PASS may: (1) announce the intention to request bids in the near future; (2) announce the availability of bid documents; (3) request information from the vendor community regarding goods or services in preparation for developing a bid; and (4) request bids or responses in order to establish a contract between the issuing entity and a vendor or vendors based on the issuer's evaluation criteria.

 

Sourcing Project Plan - The detailed sourcing timeline that identifies tasks and objectives to be completed by the strategic sourcing lead/team during the strategic sourcing event.

 

Sourcing Team Charter - An agreement by members of the sourcing team, stating a mission and objectives for the Sourcing Effort they are assembled for.

 

Special Education Pricing – Pursuant to MGL c. 7, section 22N, the Operational Services Division sets the tuition prices for M.G.L. c. 71B approved private special education programs for purchase by cities and towns and Commonwealth departments.

 

Spend Analysis - Determining the amount of money spent on goods and services with one or more suppliers, or on a category or item or service in the past.

 

Sponsored - When used in the context of Human and Social Services, the financing of the delivery of a program of Human and Social services or a Human and Social service to a Client. (See 808 CMR 1.00)

 

Stakeholder - Individuals and groups whose interests may be affected as a result of a decision by OSD.

 

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. (See 801 CMR 21.00)

 

Start Date – When referring to the Commonwealth’s Standard Contract Form, is the beginning date of a contract, which is the later of the last date signed or a later date noted on the contract form.

 

State – Refers to the Commonwealth of Massachusetts.

 

State Office for Women and Minority Business Assistance (SOMWBA) – See Supplier Diversity Office (SDO).

 

State Office for Surplus State Property or State Surplus Property Office (SSPO) - Unit within the Operational Services Division which is headed by the State Surplus Property Officer (See 802 CMR 3.00)

 

State Surplus Property Officer (SSPO) - Responsible for identifying, storing-and disposing of surplus property. (See 802 CMR 3.00)

 

State Purchasing Agent - The Agency head of the Operational Service Division.  Also known as the Assistant Secretary for Operational Services and Commonwealth Chief Procurement Officer.

 

Statewide Contract - A contract which is procured, by OSD or an OSD-designated department, on behalf of all departments and other eligible entities for specified Commodities or Services, or both. Executive departments and non-Executive departments that have elected to follow 801 CMR 21.00 must use statewide contracts (with certain exceptions which must be approved by OSD) and other entities, designated by OSD as “eligible entities” may use statewide contracts.  See 801 CMR 21.02 and 21.04.

 

Strategic Sourcing - Term used to describe the process of examining internal needs, external markets, cost structures, leading to a competitive bidding process, contract negotiation and finalization and continuing with Contract Management for the life of the contract.

 

Strategic Sourcing Director (SSD) - OSD Employee who is the Manager of OSD’s Strategic Sourcing Office (SSO) and Strategic Sourcing Leads (SSLs).

 

Strategic Sourcing Lead (SSL) - Employees of the Operational Services Division who are professional contract managers with extensive experience in the strategic sourcing of the commodity and service groups they oversee. SSLs provide guidance and expertise throughout the solicitation and contract process to ensure that customers obtain best value.  The OSD SSLs lead Strategic Sourcing Services Teams (SSSTs). SSLs are also referred to as Procurement Team Leaders (PTLs) in certain departments.

 

Strategic Sourcing Services Team (SSST) - Composed of members drawn from departments and eligible public entities that have an interest or expertise in particular commodity and service categories. SSSTs are led by OSD's professional contract managers, known as Strategic Sourcing Services Leads (SSSLs).  SSSTs focus significant attention on establishing quality Statewide Contracts, acquired by the Strategic Sourcing Process, that meet customers' needs for commodities and services. Together, they decide how most large procurements will be accomplished and perform activities throughout the life-cycle of the procurement, from identification of need through performance monitoring and assessment.

 

Subcontractor - When used in the context of Human and Social Services, an individual acting as a sole proprietor of an organization or organization which provides some or all of the needed Human or Social Services or operates a Program on behalf of a Contractor, provided, however, that the term Subcontractor does not include an individual (including a client) or a firm providing personnel services or non-direct client services, unless specifically provided for in the service contract or agreement. (See 808 CMR 1.00)

 

Subscriber - A vendor who has entered business profile information in order to join and belong to SmartBid and utilize all its benefits. No contract status is conferred based on a subscription to SmartBid.

 

Submit or Submission - When used in the context of Human and Social Services, unless otherwise provided, to deliver a document electronically, by hand or by depositing it with the US Post Office or other delivery service, postage pre-paid. (See 808 CMR 1.00)

 

Supplier Diversity Office - An agency, formerly known as State Office for Minority and Women Business Assistance (SOMWBA), within the Operational Services Division of the Commonwealth of Massachusetts responsible for certifying Minority and Women Owned Business Enterprises (M/WBEs) and for helping promote the development of business enterprises and non-profit organizations owned or operated by minorities and women.

 

Supplier Diversity (SD) Officer - The person designated to manage the requirements of the Supplier Diversity Program (SDP) within each Secretariat/Agency, as defined in Section 4 of Executive Order 524. As identified in Executive Order 533, the Supplier Diversity Officer will also serve as the Chief Procurement Officer for that entity.

 

SDO Certified – Refers to those Minority and Women Owned Business Enterprises (M/WBEs) that have been certified by the Supplier Diversity Office.

 

Supplier Diversity Program (SDP) - A program established by Executive Order 524 for the purpose of promoting equality in the state contracting market by ensuring full participation in all areas of state contracting including construction, design, goods and services, of Minority and Women Owned Business Enterprises (M/WBEs), certified by the Supplier Diversity Office, and Service-Disabled Veteran-Owned Business Enterprises, certified by the Center for Veterans Enterprise.

 

Supplier Diversity Program (SDP) Plan - Vendors bidding on Large Procurements (≥$150,000) and Statewide Contracts are required to have a Supplier Diversity Program (SDP) Plan as evidenced by their submission of a SDP Plan Form with their bid response.

 

Supplier Diversity Program (SDP) Plan Form - A document (or set of documents) required for Large Procurements and Statewide Contracts that require the responding Prime Bidder to demonstrate a business relationship with Minority-owned and Women-owned Business Enterprises ( M/WBE) certified by the Supplier Diversity Office and/or Service-Disabled Veteran-Owned Business Enterprises (SDVOBE) certified by the federal Center for Veterans Enterprise. 

 

Supplies – See definition of “Commodities”.

 

Surplus Property - Property exceeding the needs of a state agency because of one or more of the following circumstances: reduction in force, transfer of personnel, change in mission or other reasons not-defined. Property obsolete to the needs of a state agency. Damaged non-repairable property (salvage). Property to be replaced with new property. Historic Artifacts. (See 802 CMR 3.00)

 

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. (See 801 CMR 21.00)

 

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Terms and Conditions (T&C) – See Commonwealth Terms and Conditions and 801 CMR 21.00.

 

Total Cost of Ownership (TCO) - Analysis of all costs pertaining to an asset or service during its Usable Life to support acquisition and planning decisions.

 

Total Cost of Ownership (TCO) Cost Types - Costs that may occur within a cost element of a purchase (TCO).

 

Total Cost of Ownership (TCO) Elements - Four cost elements for a buyer to consider when calculating the Total Cost of Ownership when making a purchase (Purchase Costs, Acquisition Costs, Usage Costs and End of Life Costs).

 

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Uniform Financial Statements and Independent Auditor's Report (UFR) - When used in the context of Human and Social Services, a uniform reporting system, established by DPS, consisting of  basic financial statements prepared and audited in accordance with generally accepted accounting principles (GAAP) and generally accepted governmental auditing standards (GAGAS), supplemental schedules and other information as deemed necessary. (See 808 CMR 1.00)

 

Useable Life - The time from when an asset or service starts creating costs until it is terminated or removed from service.

 

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Vendor - A provider of goods and/or services.  The term “Vendor” does not necessarily refer to the “contractor” status of a business.

 

Vendor Code - Unique financial code that all vendors are assigned once they are awarded a contract, a purchase has been made and payment to the vendor is due.

 

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World Trade Organization/  Government Procurement Agreement (WTO/GPA) - Organization whose purpose is to encourage worldwide trade by ensuring fairness, non-discrimination, and equal treatment of laws, regulations and procedures in the government procurement process.

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