A Competitive Procurement shall include the consideration and evaluation of the Contractor’s abilities to provide the required goods or services 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. 

The Competitive Procurement may include an RFX open to a minimum of two (2) Contractors with a minimum of three (3) Contractors strongly preferred.

Competitive procurements should meet the following standards, as well as those listed below in Required Methods for Procurement.

  1. A Competitive Procurement is required for purchases of any Goods and/or Services for which the Cost per year equals or exceeds ten thousand dollars ($10,000), except for those purchase transactions identified in Table 3 Exceptions to Competitive Procurement. The Chief Procurement Officer has the authority to waive the Competitive Procurement requirement in exigent circumstances that may include, without limitation:
    1. Threats to the health and safety of students, faculty, or staff;
    2. The integrity or stability of University infrastructure both physical and logical
    3. The operational needs of the University.
  2. All Labor and Materials construction projects must be bid in compliance with M.G.L. c.149 and M.G.L. c.30 § 39M.
  3. Services for Building Projects (as defined in M.G.L. c.7C) must be bid in compliance with M.G.L. c.7C.
  4. RFXs shall be written in a manner to encourage fair and open competition; e.g., proprietary Specifications favoring a single Contractor shall not be included.
  5. Specifications shall be written in clear, simple language and provide an accurate description of the physical, technical, or functional characteristics of the desired Good or Service. Specifications shall be as detailed as practical, presenting a clear statement of the required standards of workmanship, materials, services and/or performance of the desired Goods and/or Services. RFXs may include language for the submission of samples that may be examined, tested, and analyzed to determine if they meet the stated Specifications.
  6. RFXs issued should include a copy of the University’s standard Purchase Agreement for the type of transaction and any other contractual terms and conditions applicable to the particular procurement.
  7. When applicable, RFXs shall be posted on the UPST website, and when deemed desirable, or as required by law, may be advertised in newspapers and trade journals in the state, COMMBUYS or other appropriate public internet websites. Advertisement for design and building construction must be in compliance with M.G.L. c.7C, M.G.L. c.149 and M.G.L. c.30 § 39M. RFXs run by Group Purchasing Organizations or other procurement consortia may be used to fulfill this requirement, provided that such RFX was the result of procurement activity that complies in all material respects to the Policy and these Standards, including, without limitation, any requirements for obtaining quotes from multiple Contractors.
  8. Additional requirements for Competitive Procurement are set forth in Table 1: Required Methods for Procurement.

When a Competitive Procurement is required, a procurement without an RFX may be awarded subject to the approval of a written “No Bid Justification” by the University’s Chief Procurement Officer of the University or designee. A No Bid Justification must meet the following criteria:

  • Includes the benefits and circumstances for purchasing without Competitive Procurement, or the reasons why a Competitive Procurement is not possible or practical
  • Includes evidence that the requester has ensured price competitiveness and reduction of risk in lieu of the use of a Competitive Procurement

The requester must submit the No Bid Justification to UPST (UMAMH and UMB ONLY) or through BuyWays using the form specified by UPST. The form must be approved by the requester and the individual with budgetary oversight for the funds being expended. 

Highly technical and complex purchases of equipment, software, and certain technical services may not be ideally suited for traditional RFXs or “paper based” evaluations; i.e., appropriate diligence and evaluation may require actual hands-on use, or for services, actual experience with the processing.

Proofs of concept and trial agreements are agreements between the University and a Contractor to determine suitability to meet University requirements. Whenever possible the University’s standard proof of concept or trial agreement form shall be used. Given the preceding, and subject to the approval of UPST, Departments may substitute a proof of concept or trial to evaluate at least two (2) potential Goods or Service offers.  The proof of concept or trial exercise must include:

  • Execution of a proof of concept or trial agreement
  • Documented evaluation criteria
  • Submitted pricing from each bidder
  • Pricing/Cost analysis based on likely consumption of Goods and/or Services
  • Bidder’s response to the University’s Purchase Agreement; and
  • Documented scoring of both bidders across all of the above elements

The intent of the proof of concept or trial exception is not the elimination of marketplace competition but as an alternative when all requirements are not necessarily known at the initiation of the purchasing process or when the nature of the functionality does not lend itself to the traditional RFX process.