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A communication transmitted from Yi-An Huang, City Manager, relative to a proposed Home Rule Petition prepared by the Law Department which would raise the sound business practices and written quote contract thresholds under M.G.L. c. 30B for City contracts with certified disadvantaged businesses
AN ACT FURTHER REGULATING PROCUREMENTS BY THE CITY OF CAMBRIDGE
Be it enacted by the Senate and the House of Representatives in the General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding chapter 30B of the General Laws or any other general or special
law to the contrary, the City of Cambridge (“Cambridge”) may, for the procurement of a supply
or service in the amount of $20,000 or less, use sound business practices (as defined in M.G.L. c.
30B, § 2) so long as the business awarded the contract is a disadvantaged businesses, diverse
businesses, or small and local business enterprises, as certified by the supplier diversity office,
by the City of Boston (“Boston”), by Cambridge by virtue of its compact (which may be
amended from time to time) with Boston, or by virtue of certification by Cambridge, customarily
providing the supply or service. Cambridge shall meet the requirements of section 3 of chapter
30B, for those instances where contracts result from a purchase of $10,000 or more.
SECTION 2. Notwithstanding chapter 30B of the General Laws or any other general or special
law to the contrary, the procurement officer of Cambridge may, for the procurement of a supply
or service in· the amount of $20,000 or greater, but not more than the small procurement
threshold as defined by the Commonwealth of Massachusetts Operational Services Division,
seek written quotations through a procurement officer from not fewer than three (3)
disadvantaged businesses, diverse businesses or small and local business enterprises, as
certified by the supplier diversity office, by Boston, by Cambridge by virtue of its compact
(which may be amended from time to time) with Boston, or by virtue of certification by
Cambridge, customarily providing the supply or service. The procurement officer shall
record: (i) the names and addresses of all persons from whom quotations were sought; (ii) the
specifications used for the procurement; (iii) the names of the persons submitting quotations; and
(iv) the date and amount of each quotation. The recorded information shall be retained in the file
required pursuant to section 3 of said chapter 30B. The procurement officer shall award the
contract to the eligible and responsible bidder offering the needed quality of supply or service at
the lowest quotation. After awarding a contract under this section, Cambridge shall publish
notice of such award on Cambridge's website or other appropriate notification platform.
SECTION 3. The provisions of this act are severable and if any provision, or portion thereof,
should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction,
such unconstitutionality or invalidity shall not affect the remaining provisions, which remain in
full force and effect.
SECTION 4. This act shall take effect upon its passage.