Chapter 30B
Enacted in 1990, Chapter 30B of the Massachusetts General Laws, the Uniform Procurement Act, establishes uniform procedures for local governments to use when contracting for supplies, services, and real property. Approximately 1,500 local governmental jurisdictions in Massachusetts (cities, towns, counties, districts, regional school districts, and local authorities, including housing and redevelopment authorities) follow the procedures to award contracts worth billions of dollars each year.
Chapter 30B resulted from collaboration among the Office of the Inspector General, the Massachusetts Association of Public Purchasing Officials, the Massachusetts Association of School Business Officials, and the City Solicitors and Town Counsel Association, and other local officials to adapt the American Bar Association's Model Procurement Code to reflect specific Massachusetts practice and case law. Chapter 30B updated provisions of the prior law, streamlined procedures for smaller contracts, and eliminated restrictions on a jurisdiction's authority to contract and the duration of many contracts. It also provided for competition for service contracts.
In general, Chapter 30B applies to the procurement of supplies and services, dispositions of surplus supplies, and the acquisition and disposition of real property. For supplies and services, with certain exceptions, Chapter 30B provides for:
Chapter 30B prescribes procedures for the disposition of surplus supplies with a value of $5,000 or more and requires that the procurement officer dispose of surplus supplies with an estimated net value of less than $5,000 using written procedures approved by the governmental body. Also, Chapter 30B prescribes procedures for the acquisition of an interest in real property by purchase or rental with a cost of more than $25,000, and for the disposition of an interest in real property by sale or rental with a value greater than $25,000.
Chapter 30B Procurement Assistance and Bid Protests
The Office has an extensive Chapter 30B assistance program. Lawyers trained in public procurement and expert in interpreting, analyzing, and applying the provisions of Chapter 30B are available for telephone consultation five days a week from 9:00 a.m. to 4:30 p.m. at 617-722-8838. Whenever possible, the Office helps jurisdictions to avoid problems before they occur. In most cases, local officials contact us to assist them with issues that arise in planning a procurement or issues that are identified by vendors or citizens.
The Office has prepared a number of publications to assist public officials in contracting under Chapter 30B. These include:
In addition, the Office created and provides the Massachusetts Certified Public Purchasing Official Program. The MCPPO program includes seminars on Chapter 30B and other procurement statutes and issues, and enhances the capacity of public purchasing officials to operate effectively and achieve excellence in public procurement.
Bid Protest Process
Vendors and citizens are encouraged to bring any concerns about a bid or proposal process first to the attention of the local awarding authority. In many instances, local awarding authorities contact this Office for advice in response to questions raised by vendors and citizens.
Public officials, vendors and citizens may bring inquiries and complaints to the Office for assistance. Note, however, that vendors and citizens are not required to bring complaints and protests to this Office. They may, if they choose, seek resolution in court.
If the Office receives a complaint or protest, we use an informal dispute resolution process to resolve protests as efficiently as possible without resort to litigation. If a protest is reasonable on its face, we will contact the jurisdiction to request documents or to seek clarification on how a decision was made. Protesters often identify themselves to local awarding authorities. However, if a protester prefers to remain anonymous, the identity of the protester is protected under our confidentiality rules. When we have all the necessary information we will determine whether, in our opinion, the process complies with Chapter 30B. We will inform the jurisdiction of our opinion before we discuss it with the protester. To save time, we generally notify everyone concerned by telephone.
We focus on developing solutions to problems. In general, the Office's approach is to assist the local awarding authority in determining whether there is a problem and, if so, how best to address the problem. Whenever possible, we identify ways to correct errors while preserving the process and avoiding the necessity to rebid. For example, if we find that specifications are inadequate, we will recommend that the local authority issue an addendum clarifying the specifications and, if necessary, extending the bid opening date. If we learn after bids or proposals have been opened that the process did not comply with the law, we will discuss the legal basis for our opinion with the jurisdiction and lay out options for remedying the problem.
Our opinions are not binding on either the jurisdiction or the protester. A protester is entitled to pursue a complaint in court even if we find the protest to be without merit. In the vast majority of cases, however, the protestor does not take further action.
To request assistance or protest a bid, contact the Office between 9:00 a.m. and 4:30 p.m. Monday through Friday at 617-722-8838.
Design and Construction Bid Protests
The Fair Labor Division of the Office of the Attorney General handles bid protests concerning design and construction contracts and complaints concerning payment of prevailing wages. To contact that office, call 617-727-3465.
State Contracts for Supplies and Services
Procurement of supplies and services by state agencies is governed by 801 CMR 21.00. Direct inquiries regarding state supply and service contracts to the agency awarding the contract or the Operational Services Division at 617-720-3300.
Allegations of fraud, waste, and abuse in the award or conduct of state supply and service contracts may be directed to the Office of the Inspector General by calling 617-727-9140 or by calling the Office's 24-hour hotline number: 800-322-1323
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