§ 1 — Application of chapter

Section 1. (a) This chapter shall apply to every contract for the procurement of supplies, services or real property and for disposing of supplies or real property by a governmental body as defined herein.(b) This chapter shall not apply to:(1) a contract subject to the provisions of section thirty-nine M of chapter thirty, section 11C or section 11Iof chapter 25A or sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine;(2) a contract subject to the provisions of sections thirty-eight A1/2 to thirty-eightO, inclusive, of chapter seven;(3) an intergovernmental agreement subject to the provisions of section four A of chapter forty;(4) a transaction with the commonwealth, except as pertains to subsection (i) of section 16;(5) a contract for the purchase of materials, under specifications of the state department of highways, and at prices established by the department, pursuant to advertising and bidding for such purpose, in connection with work to be performed under the provisions of chapter eighty-one or chapter ninety;(6) a contract for the advertising of required notices;(7) an agreement between agencies, boards, commissions, authorities, departments or public instrumentalities of one city or town;(8) an agreement for the provision of special education pursuant to chapter seventy-one B and regulations promulgated pursuant thereto;(9) a contract to purchase supplies or services from, or to dispose of supplies to, any agency or instrumentality of the federal government, the commonwealth or any of its political subdivisions or any other state or political subdivision thereof;(10) the issuance of bonds, notes or securities in accordance with procedures established by law;(11) contracts and investments made in accordance with sections fifty-seven or fifty-seven A of chapter thirty-five or sections sixty-seven or sixty-seven A of chapter forty-four;(12) a contract for the procurement of insurance or surety bonds, including an agreement subject to the provisions of sections one to sixteen, inclusive, of chapter forty M or the provisions of sections twenty-five E to twenty-five U, inclusive, of chapter one hundred and fifty-two;(13) contracts for the services of expert witnesses for use in an adjudicatory proceeding or litigation or in anticipation thereof;(14) any contracts or agreements entered into by a municipal gas or electric department governed by a municipal light board, as defined by section fifty-five of chapter one hundred and sixty-four or by a municipal light commission, as defined by section fifty-six A of said chapter one hundred and sixty-four; provided, however, that any such board or commission may accept the provisions of this chapter by a majority vote of its members;(15) contracts with labor relations representatives, lawyers, or certified public accountants;(16) contracts with physicians, dentists, and other health care individuals or persons including nurses, nurses' assistants, medical and laboratory technicians, health care providers including diagnosticians, social workers, psychiatric workers, and veterinarians;(17) a contract for snow plowing by a governmental body;(18) a contract or lease by a governmental body of its boat slips, berths, or moorings;(19) a contract for retirement board services; provided, however, that the procurements shall take place under section 23B of chapter 32;(20) a contract which is funded by proceeds derived from a gift to a governmental body or a trust established for the benefit of a governmental body;(21) a contract for the towing and storage for motor vehicles;(22) a contract to provide job-related training, educational or career development services to the employees of a governmental body;[ There is no clause (23).](24) a contract for ambulance service by a governmental body;(25) a contract to sell lease or acquire residential, institutional, industrial or commercial real property by a public or quasi-public economic development agency or urban renewal agency engaged in the development and disposition of said real property in accordance with a plan approved by the appropriate authorizing authority;(26) a contract for the collection of delinquent taxes or for the services of a deputy tax collector;(27) contracts or agreements entered into by a municipal hospital or a municipal department of health;(28) contracts entered into by a governmental body on behalf of a hospital owned by such governmental body where such contract is funded by expenditures from an operations account, so-called, or a special account, established pursuant to a special act that is maintained for the benefit of and designated with the name of such hospital;(29) any contracts, agreements or leases entered into by a municipal airport commission established under the provisions of section fifty-one E of chapter ninety; provided, however, that such contracts, agreements or leases apply to aviation uses or the sale of aviation fuel;(30) a contract for the collection, transportation, receipt, processing or disposal of solid waste, recyclable or compostable materials;(31) an agreement for the purchase of photography services entered into by a public school;(32) energy aggregation contracts entered into by a political subdivision of the commonwealth for energy or energy related services arranged or negotiated by such subdivision on behalf of its residents;(32A) contracts with architects, engineers and related professionals;(33) energy contracts entered into by a city or town or group of cities or towns or political subdivisions of the commonwealth, for energy or energy related services; provided, however, that within 15 days of the signing of a contract for energy or energy related services by a city, town, political subdivision, or group of cities, towns or political subdivisions said city, town, political subdivision, or group of cities, towns or political subdivisions shall submit to the department of public utilities, the department of energy resources, and the office of the inspector general a copy of the contract and a report of the process used to execute the contract; provided, further, that for any such contract determined to contain confidential information under subclause (r) of section 7 of chapter 4, the governmental body shall instead maintain a record of the procurement processes and awards for 6 years after the date of the final payment. The governmental body shall make such records available to the inspector general upon request; provided, however, that the inspector general shall not disclose said information; or(34) a contract made in accordance with section 5 of chapter 111C.(c) This chapter shall be deemed to have been complied with on all purchases made under the provisions of sections twenty-two A and twenty-two B of chapter seven when one political subdivision, as defined in said section twenty-two A, acting on behalf of other political subdivisions, complies with the provisions of this chapter, or when purchases are made from a vendor pursuant to a contract with the commonwealth for the item or items being purchased.(d) Where a procurement involves the expenditure of federal assistance or contract funds, the provisions of this chapter shall not apply to the extent that such provisions prevent compliance with mandatory provisions of federal law and regulations.(e) Notwithstanding the provisions of any general or special law to the contrary, a governmental body may enter into a contract, in conformance with this chapter, for the construction and for services at a facility owned by a private party or parties, whether such facility will be located on public or private land for the disposal, recycling, composting or treatment of solid waste, sewage, septage or sludge without said contract being subject to the competitive bid process as set forth in sections thirty-eight A1/2 to thirty-eightO, inclusive, of chapter seven, section thirty-nine M of chapter thirty, or sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine; provided, however, that this subsection shall not apply to a procurement of proprietary environmental technology in accordance with subsection (5) of section forty-four A of chapter one hundred and forty-nine.(f) This chapter shall be deemed to have been complied with on all purchases made from a vendor pursuant to a General Services Administration federal supply schedule that is available for use by governmental bodies.[ Subsection (g) added by 2024, 238, Sec. 102 effective November 20, 2024.](g) Notwithstanding section 39M of chapter 30, or any general or special law to the contrary, a governmental body may, in a single procurement in accordance with section 5, procure: (i) broadband internet service; (ii) the design, installation, maintenance and operation of fiber optic cables and other equipment to provide broadband internet service to a public building or buildings; (iii) the design, installation, maintenance and operation of a wireless communication network for a public building or public land; or (iv) any combination of the foregoing. All such fiber optic cables, wireless network equipment and other physical improvements designed, installed, maintained and operated pursuant to such procurement shall be considered supplies.