Doc. T92-031, Appendix A, as amended
Passed by the Board of Trustees June 3, 1992
Latest revision: December 15, 2021

I. Introduction

This Procurement Policy (Policy) governs the procurement of all Goods and Services by the University. In accordance with the provisions of Section 3 of Chapter 75 of the General Laws, as amended, all procurements by the University irrespective of the method of procurement or source of funds, shall be governed by this Policy subject to subsequent amendment, revision, or repeal, by the Board of Trustees.

This Policy does not supersede any of the provisions of the Senior Vice President for Administration & Finance and Treasurer’s Delegations, Doc. T97-014. All University employees must follow Doc. T08-028, the Policy on Codes of Conduct for University/Vendor Relationships.

All persons responsible for procuring Goods and Services governed by this Policy shall confer with the Office of the General Counsel as advisable in order to assure compliance with this Policy.

II. The Standards

The President shall issue Administrative Standards for the Procurement Policy (Doc. T92-031) (Standards). The Senior Vice President for Administration & Finance and Treasurer shall recommend such Standards for the President’s action. Capitalized terms used herein, if not otherwise defined in this Policy, shall be defined as set forth in the Standards. The Senior Vice President for Administration & Finance and Treasurer shall confer on a regular basis with the CPO, the Vice Chancellors of Finance and Administration and the General Counsel to determine whether revisions to the Standards are appropriate to comply with University policies or law, and to assure that the University is using best practices to procure its Goods and Services.

III. Policy Statement

A. Shared Services Procurement:

There shall be within the President’s Office a unified procurement organization, the Unified Procurement Services Team (UPST), which shall be responsible for, inter alia, the management of the procurement of Goods and Services and other related administrative functions as required by the Campuses and the University President’s Office. UPST will be led by a Chief Procurement Officer (CPO).

B. Competitive Procurement Practices:

The University shall procure all Goods and Services covered by this Policy at the best overall value to the University, consistent with the necessary specifications, quantities, quality, durability, availability, serviceability, and other factors affecting the use of the Good or Service by the University. In complying with this Policy, the cost of acquisition, as well as other factors (such as the delivery time required, supplier diversity, and prior performance) may be considered. All procurements must: (1) have prior approval of the CPO or the CPO’s designee; and (2) must follow applicable delegation and signatory authority in accordance with this Policy and the associated Standards.

To encourage open and fair competition, advertisement for, and receipt of, competitive bids shall be used whenever practicable, or when required by law. The University’s commitment to the principles of Affirmative Action shall be applied to procurements with the objective of: (1) achieving and fostering greater participation in University procurement activity by minority-owned small business, small disadvantaged business, women-owned small business, HUBZone small business, Veteran- owned small business, and service-disabled Veteran-owned small business enterprises; and (2) encouraging socially or economically disadvantaged business owners to respond to invitations to bid on University business.

C. Delegations of Authority:

  1. To the President, with authority to re-delegate to the Senior Vice President for Administration & Finance and Treasurer, or any member of the President’s Office as the President may determine:
    1. Authority to require the campuses to utilize a system-wide or multi-campus procurement or existing contract for any purchase covered by this Policy. A Chancellor who believes such procurement would not be in the best interest of his/her Campus shall be entitled to request not to participate in such procurement, but the President shall make the final decision.
  2. To the President, for President’s Office, multi-campus or system-wide procurements, and Campus-specific procurements with prior approval of the Campus, with authority to re-delegate to the Senior Vice President for Administration & Finance and Treasurer, and/or such other designees as the President shall determine:
    1. Authority to enter into and execute Purchase Agreements for Goods not otherwise delegated pursuant to Article III (C)(2)(c-d).
    2. Authority to enter into and execute Purchase Agreements for Services not otherwise delegated pursuant to Article III (C)(2)(c-d).
    3. Authority to enter into and execute Purchase Agreements for labor and materials for repair or construction, including design services, of real property used by the President’s Office subject to any applicable requirements under M.G.L. ch.7C, M.G.L. ch.30, or M.G.L. ch.149.
    4. Authority to enter into and execute Purchase Agreements, leases or licenses of any items, including but not limited to, equipment, vehicles, information technology hardware/software, and/or library materials including electronic journals. Procurement of information technology, hardware/software, or peripherals must comply with the Information Technology Acquisition Policy, Doc. T08-086.
    5. Authority to enter into and execute Real Property Agreements relating to the use of Real Property by the President’s Office. All agreements for the use and disposition of Real Property must be in compliance with the University’s Capital Planning, Land and Facilities Use Policy, Doc. T93-122 and with the Treasurer’s Delegations, Doc. T97-014.
  3. To the Chancellors, for Campus procurements with authority to re-delegate to such University Personnel as the Chancellor may determine:
    1. Authority to enter into and execute Purchase Agreements for Goods not otherwise delegated pursuant to Article III (C)(3)(c-d).
    2. Authority to enter into and execute Purchase Agreements for Services not otherwise delegated pursuant to Article III (C)(3)(c-d).
    3. Authority to enter into and execute Purchase Agreements for labor and materials for repair or construction, including design services, of real property used by the Campus subject to any applicable requirements under M.G.L. ch.7C, M.G.L. ch.30, or M.G.L. ch.149.
    4. Authority to enter into and execute Purchase Agreements, leases or licenses of any items, including but not limited to, equipment, vehicles, information technology hardware/software, and/or library materials including electronic journals. Procurement of information technology, hardware/software, or peripherals must comply with the Information Technology Acquisition Policy, Doc. T08-086.
    5. Authority to enter into and execute Real Property Agreements relating to the use of Real Property by the Campus. All agreements for the use and disposition of Real Property must be in compliance with the University’s Capital Planning, Land and Facilities Use Policy, Doc. T93-122 and with the Treasurer’s Delegations, Doc. T97-014.

      All sub-delegations of authority pursuant to this Policy shall be made in writing and forwarded to the office of the Senior Vice President for Administration & Finance and Treasurer and to the General Counsel.
  4. To the General Counsel, with authority to re-delegate to an attorney in the Office of the General Counsel as the General Counsel may determine, authority to enter into Legal Services agreements and agreements for any other services performed by external lawyers or law firms. Any retention or hiring of lawyers or law firms external to the University providing any legal or other advice or services to the University (and any of its University related entities and affiliates), must be directed to and coordinated with the University’s Office of General Counsel. Any such lawyer and/or law firms shall be retained by, and work under the continuing supervision of the General Counsel pursuant to the Office of General Counsel’s standard operating procedures.

D. Legal Review:

  1. The General Counsel, or an attorney in the Office of the General Counsel as the General Counsel may determine, shall review and determine legal acceptability of the following Purchase Agreements (including, but not limited to, multi-campus or system-wide procurements, entered into by the President’s Office or the Campuses) prior to execution as set forth in this Policy and the Standards. Review by the Office of the General Counsel under this Policy and the Standards is in addition to any other internal approvals that may be required under other University policies.
    1. Purchase Agreements with a Cost of $100,000 or more.
    2. Regardless of Cost:
      1. Real Property Agreements.
      2. Lobbying Services Agreements.
      3. Purchase Agreements and/or amendments thereto which contain language that conflicts with, modifies, deletes, adds to, or otherwise alters the University’s standard Purchase Agreement terms and conditions.
  2. The responsible procurement or contracting official for UPST shall confer with the General Counsel when advisable to assure compliance with this Policy.