MGL Chapter 30B Overview Flashcards

Questions and Answers

Real property dispositions initial requirements regardless of value include declaring the property available for disposition and specifying restrictions or subsequent use of the property, if any, such as a __________.

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Under MGL c30B, when must you solicit proposals for real property?

If the interest in real property is less than $20K

When the property's value is not determined

When acquiring property from private citizens

If the interest in real property costs more than $35K (correct)

What is the first step in real property acquisitions?

Identify your needs.

What major components should be included when developing a request for proposal?

Evaluation criteria Signup and view all the answers

What should the description of the property or interest to be acquired include?

Type, amount, and location requirements. Signup and view all the answers

When advertising for proposals, how often should the advertisement appear in the local paper?

Once a week for 2 consecutive weeks Signup and view all the answers

You may acquire an interest in real property that costs less than $35K without proposals.

True Signup and view all the answers

What must be submitted to the Central Register after selecting a proposer?

The name of the selected proposer and the amount of the transaction. Signup and view all the answers

If disposing of property for an amount less than the established market value, a notice explaining the decision must be published in the __________.

Central Register Signup and view all the answers

In special circumstances, you may shorten or waive advertising for acquisition or disposition when an __________ exists.

Emergency Signup and view all the answers

What is required for any acquisition or disposition by a public agency regardless of cost or value?

Disclosure of beneficial interest. Signup and view all the answers

What does Chapter 30B apply to?

Procurement of supplies and services, disposal of surplus supplies, acquisitions and dispositions of real property. Signup and view all the answers

What does governmental body include? (Select all that apply)

Towns Signup and view all the answers

What is an invalid contract?

Any contract in violation of MGL c30B is invalid. Signup and view all the answers

Can you make payments to an invalid contract for supplies or work that has been delivered?

False Signup and view all the answers

What is the record-keeping requirement for MGL c30B?

All written records must be maintained for a period of 6 years. Signup and view all the answers

What is the telephone number for the inspector general's office?

617-727-9140 Signup and view all the answers

What is a CPO?

Chief procurement officer Signup and view all the answers

What is the responsibility of a CPO?

All activities related to buying supplies and services and ensuring compliance with state law. Signup and view all the answers

Can a CPO delegate some or all purchasing functions?

True Signup and view all the answers

What are the three thresholds under MGL c30B? (Select all that apply)

Contracts for less than $10K Signup and view all the answers

Can you split/divide the spending thresholds in a contract under MGL c30B?

False Signup and view all the answers

For purchases less than $10K, what are the requirements under MGL c30B?

Use sound business practices. Signup and view all the answers

What is the definition of 'sound business practices'?

Ensuring the receipt of a favorable price by periodically soliciting price lists or quotes. Signup and view all the answers

Under MGL c30B, what are the requirements for supplies or services for at least $10K, but less than $35K?

Must solicit 3 quotes and award to the lowest responsible vendor. Signup and view all the answers

What is a responsible vendor?

A vendor with the capability and integrity to perform the contract requirements. Signup and view all the answers

What is a purchase description?

Specifications or scope of services or work. Signup and view all the answers

What is Scope of Services?

Description of your needs in sufficient detail. Signup and view all the answers

What are two specific quality requirements? (Select all that apply)

Both A and B Signup and view all the answers

Are you required to write a purchase description for purchases less than $35K?

False Signup and view all the answers

Under what grounds should you award the contract for purchases less than $35K?

Identifying the lowest-priced offer that meets the purchase description. Signup and view all the answers

If the value of your bid is $35K or more do you have to advertise for sealed bids?

True Signup and view all the answers

What is an 'Invitation for Bid' (IFB) process?

A process to select the lowest priced bid from a responsible vendor. Signup and view all the answers

What steps are included for an IFB?

Prepare IFB, advertise, receive and evaluate bids. Signup and view all the answers

How do you determine if the bidders are responsive and responsible?

Using the quality requirements defined in the IFB. Signup and view all the answers

When preparing an IFB, what should be included?

Purchase description, quality requirements, contract terms. Signup and view all the answers

Do you need an appointed CPO to use the MGL c30B RFP process?

True Signup and view all the answers

What is a 'Request for Proposal' (RFP) process?

A method to award a contract based on the most advantageous proposal. Signup and view all the answers

What is the difference between the IFB and RFP process?

True Signup and view all the answers

What are proprietary specifications? (Select all that apply)

All of the above Signup and view all the answers

What are the advertising requirements for IFB and RFPs?

Advertise in a local newspaper at least two weeks before the deadline. Signup and view all the answers

If soliciting proposals, price proposals and non-price proposals need to be specified in the RFP?

True Signup and view all the answers

If you are soliciting bids, how should you open record bids?

In an open meeting or in front of witnesses. Signup and view all the answers

Is the bidding process a public process and are all documents public?

True Signup and view all the answers

Are proposals public records?

False Signup and view all the answers

Is the register of proposals received a public record?

True Signup and view all the answers

What is the evaluation process for proposals?

Prepare the register, evaluate non-price proposals first. Signup and view all the answers

What type of files must be kept for IFB or RFP and for how long?

All written documents for 6 years from date of final payment. Signup and view all the answers

Which is a simpler method for most, the IFB or RFP?

IFB Signup and view all the answers

What is comparative criteria?

Rating proposals based on defined factors. Signup and view all the answers

What is the rule of award?

Award the contract to the responsible bidder offering the lower price. Signup and view all the answers

How to communicate Best Price with a vendor?

Inform bidders how best price will be determined and any related requirements. Signup and view all the answers

What are standard forms required? (Select all that apply)

Contract terms Signup and view all the answers

What should be included in contract terms and conditions? (Select all that apply)

Consulting local counsel Signup and view all the answers

What are bid submission requirements?

Date and time due, delivery address, and instructions on bid marking. Signup and view all the answers

What must advertising the IFB include?

Where, when, and for how long the IFB may be obtained. Signup and view all the answers

Where to advertise the IFB?

In a local newspaper and posted in jurisdiction for at least 2 weeks. Signup and view all the answers

What is the process for receiving, opening, and recording bids?

Open in a specified time with records of bidders' names and amounts. Signup and view all the answers

What is the process for evaluating bids?

Follow IFB rules, ensure fairness in determining who is responsible. Signup and view all the answers

What are the final IFB steps?

Select winner, award the contract, retain records. Signup and view all the answers

What is an RFP?

An alternative to IFB for supplies/services valued at $35K or more. Signup and view all the answers

What does an RFP include?

Purchase description, quality measurements, and proposal submission requirements. Signup and view all the answers

What documentation is required for the RFP process?

CPO must document reasons for using the RFP process. Signup and view all the answers

What is sole-source procurement?

Awarding a contract to a single source without soliciting bids. Signup and view all the answers

Sole-sourced procurements are allowed for?

Educational materials and utilities if only one practicable source. Signup and view all the answers

What must you do before making a sole-sourced procurement?

Conduct an investigation and document competitive existence. Signup and view all the answers

What must the record of sole-source procurement include?

Vendor name, contract amount, list of supplies, basis for determination. Signup and view all the answers

What are emergency procurements?

Waiving requirements due to health and safety concerns. Signup and view all the answers

What records must be submitted for emergency procurements?

Basis for emergency, vendor name, contract type and amount. Signup and view all the answers

What are the Chapter 30B written contract requirements?

Contracts of $10K or more must be in writing. Signup and view all the answers

What is the procedure for the disposal of surplus supplies with resale value of less than $10K?

Follow written procedures approved by the governing body. Signup and view all the answers

What is the process for the disposal of surplus supplies with resale value of $10K or more?

An advertised sealed bid process or public auction is required. Signup and view all the answers

What must the public notice for disposal of surplus supplies include?

Items for sale, location for inspection, terms of sale. Signup and view all the answers

Can the disposal of surplus supplies include a trade-in option?

Yes, may include surplus supply as trade-in in IFB or RFP. Signup and view all the answers

What can you do after a sealed bid process or public auction for surplus supplies?

Award to the highest bidder or negotiate a higher sale price. Signup and view all the answers

What does real property include?

Land and buildings. Signup and view all the answers

What are the interests in real property?

Fee simple ownership, leases, easements, mortgages. Signup and view all the answers

What types of transactions are not subject to Chapter 30B?

Real property transactions that meet specific criteria outlined in law. Signup and view all the answers

Study Notes

Overview of MGL c30B

Governs procurement of supplies, services, disposal of surplus supplies, and real property transactions by governmental bodies.

Governmental Bodies Defined

Includes cities, towns, regional school districts, Horace Mann charter schools, counties, and related agencies or commissions.

Contract Validity

Any contract violating MGL c30B is considered invalid.
Payments cannot be made on invalid contracts, even for delivered work or supplies.

Record Keeping Requirements

Written records must be maintained for six years after final payment.
Records are publicly accessible, except for confidential RFP proposals until evaluations are completed.

Chief Procurement Officer (CPO)

Responsible for acquisition activities across all departments.
Oversees the solicitation process, evaluates bids, and ensures compliance with state law.
Has authority to delegate purchasing functions.

Procurement Thresholds

Contracts are categorized based on value: less than $10K, $10K-$35K, and $35K or more.
Splitting contracts to avoid thresholds is prohibited.

Requirements for Purchases

Under $10K: Use sound business practices.
$10K-$35K: Solicit three quotes, document decisions, and award to the lowest responsible vendor.

Definitions

Responsible Vendor: Capable of fulfilling contract needs with integrity.
Purchase Description: Specifies the necessary details and quality requirements for procurement.

Bidding Processes

Contracts valued at $35K or more require public advertising for sealed bids through an Invitation for Bid (IFB).
IFBs involve preparing, advertising, receiving, evaluating, and awarding contracts based on bid responsiveness and responsibility.

Request for Proposal (RFP)

An alternative for procuring supplies/services valued at $35K or more.
Requires documentation from the CPO explaining the use of RFP.
Both price and non-price criteria are evaluated; price proposals are sealed separately.

Sole-source Procurement

Awarding a contract to a single source may occur under specific conditions.
Must conduct an investigation to establish the sole-source necessity and document findings.

Emergency Procurement

Can waive requirements if health or safety is endangered.
Documentation is required for emergency procurement actions.

Real Property Transactions

Includes land, buildings, leases, and easements.
Governed by MGL c30B, an RFP process is necessary for property interests over $35K.
Property must be declared available for disposition and assessed for value before disposal.

Disposal of Surplus Supplies

Surplus with resale value under $10K: Follow internal procedures with no advertising.
Surplus with resale value of $10K or more: Requires public advertisement and bidding process.

General Compliance

Documentation must be retained for six years post-final payment for both IFBs and RFPs.
Ensure transparency in the bid process; all documents related to bids are public except for proposals in RFPs until evaluations are completed.### Real Property Proposal Process Overview
Key components include type, amount, location, intended use, method of acquisition (lease or purchase), and planned occupancy date.
Essential for both acquisition and disposition to develop a request for proposal (RFP) focused on the property's characteristics and methods of disposal.

Request for Proposal Requirements

Proposal requirements include specifics like submission timing, delivery locations, packaging instructions, and correction/modification procedures.
Mandatory forms include a disclosure of beneficial interest, but no separate price submission is required.

Evaluation Criteria

Proposals evaluated based on responsiveness, responsibility, and comparative analysis.
Price evaluation methods can be structured as Invitations for Bids (IFB) or Requests for Proposals (RFP).

Advertising for Proposals

Advertisements must appear in local papers weekly for two consecutive weeks prior to the opening, with mandatory conditions for larger spaces (>2,500 SF).
Notices must detail geographic area, terms, requirements, and where to obtain the RFP.

Proposal Opening and Evaluation

Public opening of proposals required; names and offered prices must be recorded.
Evaluation follows criteria established in the RFP to ensure consistency and accountability.

Disclosure Requirements

Disclose the selected proposer and transaction amount to the Central Register post-evaluation.
If disposed property is below market value, a justification notice must be published explaining the decision and the price differential.

Record Retention

Records to maintain include RFP documents, advertisements, received proposals, evaluation metrics, disclosures of beneficial interest, and signed agreements.

Special Circumstances

Emergency situations allow for shortened or waived advertising if it endangers health or safety.
Unique acquisitions must be published in the Central Register, detailing determination, parties involved, property specifics, and financial terms at least 30 days prior to agreement execution.

Intergovernmental Transactions

Transactions involving government entities are subject to Chapter 30B regulations but may forgo advertisement solicitations.
A formal declaration of property availability and valuation determination processes are required for these transactions.

Additional Regulatory Considerations

Disclosure of beneficial interest is crucial regardless of property transaction value.
Consideration of other state statutes and local regulations is essential; consultation with local counsel is advised for compliance.

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Description

Test your knowledge on the essentials of MGL Chapter 30B, which covers the procurement of supplies and services, disposal of surplus supplies, and other important provisions for governmental bodies. These flashcards will help you understand the entities involved and the regulations that govern them.