purchasing

Massachusetts Resident Bidder Preference

Revised September 10, 2020

Part I: Administration of the Government
Title II: Executive and Administrative Officers of the Commonwealth
Chapter 7: Executive Office for Administration and Finance
Section 22: Purchase of supplies and equipment; rules and regulations; duties of state purchasing agent

(17) A preference in the purchase of supplies and materials, other considerations being equal, in favor, first, of supplies and materials manufactured and sold within the commonwealth, with a proviso that the state purchasing agent may, where practicable, allow a further preference in favor of such supplies and materials manufactured and sold in those cities and towns within the commonwealth which have been designated as depressed areas. For the purpose of this section a depressed area shall be considered as cities and towns which are designated as Groups D, E or F, in the Department of Labor of the United States publication entitled ''Area Trends in Employment and Unemployment'', or which are listed in said publication as areas which have substantial or persistent unemployment and second, of supplies and materials manufactured and sold elsewhere within the United States.

Part I: Administration of the Government
Title II: Executive and Administrative Officers of the Commonwealth
Chapter 7: Executive Office for Administration and Finance
Section 23B: Preference for products grown in or produced from products grown in commonwealth

(a) Notwithstanding any general or special law to the contrary, and to the extent permitted by federal law, a state agency, authority or trustees or officers of a state college or university designated by such trustees when purchasing products of agriculture as defined in section 1A of chapter 128, including but not limited to, fruits, vegetables, eggs, dairy products, meats, crops, horticultural products or products processed into value added products as part of a Massachusetts farm operation, shall prefer products grown in the commonwealth or products produced using products grown in the commonwealth as well as fish, seafood, and other aquatic products.

(b) To effectuate the preference for those products of agriculture grown or produced using locally-grown products, the state purchasing agent responsible for procuring the products on behalf of a state agency, authority or trustees or officers of a state college or university designated by such trustees shall, in advertising for bids, contracts or otherwise procuring products of agriculture, make reasonable efforts to facilitate the purchase of such products of agriculture grown or produced using products grown in the commonwealth.

(c) The state purchasing agent responsible for procuring the products on behalf of a state agency or authority shall purchase the products of agriculture grown or produced using products grown in the commonwealth, unless the price of the goods exceeds, by more than 10 per cent, the price of products of agriculture grown or produced using products grown outside of the commonwealth.

Part I: Administration of the Government
Title II: Executive and Administrative Officers of the Commonwealth
Chapter 7: Executive Office for Administration and Finance
Section 22O: Preferential procurement of products or services within the commonwealth

Notwithstanding any general or special law to the contrary relating to procurement, and to the extent permitted by federal law, a state agency or authority shall establish a preference for the procurement of products or services from businesses, as defined in section 3A of chapter 23A, with their principal place of business in the commonwealth. In addition, the operational services division shall endeavor to ensure that in any fiscal year no less than 15 per cent of statewide procurement contracts are entered into with businesses, as so defined, which:

  • (i) are independently owned and operated;
  • (ii) have a principal place of business in the commonwealth;
  • (iii) have been in business for at least 1 year; and
  • (iv) are defined as a small business under applicable federal law or are defined by the division as small businesses pursuant to the small business purchasing program

Massachusetts Executive Order
No 523: Establishing the Massachusetts small business purchasing program
WHEREAS, in order to encourage the growth of existing Small Businesses, and in accordance with all applicable laws, special consideration should be given by state agencies to Small Businesses when such agencies are purchasing commodities and services to meet their business needs.