Purpose, Application and Authority

(1) Purpose. The purpose of 801 CMR 21.00 is to provide all Departments with uniform rules and standards governing the Procurement ofCommodities or Services, or both, including Human and Social Services for Clients. Procurements will be considered in the best interests, or the Best Value, to a Department and the State when a Procurement supports and balances the following Procurement Principles: the achievement of required outcomes, generates the best quality economic value, is performed timely, minimizes the burden on administrative resources, expedites simple or routine purchases, allows flexibility in developing alternative Procurement and business relationships, encourages competition, encourages the continuing participation of quality Contractors and supports State and Department Procurement planning and implementation. (2) Application. (a) Unless otherwise provided by law and excluding procurements for legal services, 801 CMR 21.00 shall apply to all Procurements of Commodities or Services, or both, by any Executive Office, Department, Agency, Office, Division, Board, Commission or Institution within the Executive Branch. 801 CMR 21.00 will not apply to the Legislative Branch, Judicial Branch, ConstitutionalOffices, Elected Offices, Public Institutions of Higher Education, the MilitaryDivision and Independent Public Authorities, although the use of 801 CMR 21.00 by these entities is encouraged. 801 CMR 21.00 will not apply to interdepartmental services or transactionsbetween two or more State Departments (815 CMR 6.00) or to grants and subsidies (815 CMR 2.00). The Executive Office for Administration and Finance (ANF) or the OperationalServices Division (OSD) will interpret 801 CMR 21.00 and may take whatever actions necessary to carry out the purposes of 801 CMR 21.00. No Department shall incur anyobligationfor,or authorize payments for, any Commodities or Services except in accordance with 801 CMR 21.00. ANF, OSD and the Office of the Comptroller (CTR) may issue additional policies, procedures and Contract forms to be used by Departments to carry out the purposes of 801 CMR 21.00. OSD, through its Division of Purchased Services, may issue policies, procedures and Contract forms to be used by Departments for the procurement of Human and Social Services for Clients. (b) Pursuant to M.G.L. c. 30, § 65, 801 CMR 21.00 shall apply to all Procurements for legal services by any Officer, Department, Agency, Board or Commission serving under the Governor, including Public Institutions of Higher Education, or within one of the Executive Offices headed by a Secretary appointed by the Governor. OSD, in consultation with the Governor’s Chief Legal Counsel and the Office of the Attorney General, shall develop policies and procedures regarding the competitive procurement of outside legal services, pursuant to M.G.L. c. 30, § 65. Such policies and procedures shall include aninitialdeterminationbythe Governor’sChief Legal Counsel that the legal services can not be provided by a state employee before the procurement or engagement of outside legal services. TheIncidentalPurchaseCompetitive Procurement Exception in 801 CMR 21.05(1) shall not apply to the procurement of outside legal services. (3) Authority. 801 CMR 21.00 is promulgated under the authority of M.G.L. c. 7, §§ 4, 4A and 22; M.G.L. c. 29, §§ 27B, 29A, 29B and 29F; M.G.L. c. 30, §§ 51, 52 and 65; St. 1993, c. 110, § 274, as amended; and Executive Orders 279 and 350.