Town Manager Richard MacDonald Responds to Procurement Questions/Concerns

Duxbury Town Manager Richard MacDonald has responded, in a phone call, to concerns and questions raised by the record of his testimony in depositions related to the Johnson Golf Management v. Town of Duxbury et al lawsuit over management contracts for the North Hill Golf course. In the second part of his deposition on Thursday, June 14, 2012, according to the transcript, MacDonald was asked: “In addition to the two IFBs [IFB: invitation for bid] that you did for the golf course in March of 2011, how many other IFBs have you done for the town of Duxbury in the last five years?” He responded, “None that I recall.” He was then asked: “Other than the two RFPs [RFP: request for proposal] for the golf course in late 008, early 2009, how many other RFPs have you done for the town of Duxbury in the last six years.”

Given that all procurements for over $25,000 must, under Massachusetts General Laws, Chapter 30b, be done either through an IFP or an RFP, the implication of MacDonald’s testimony as recorded on page 90 in the transcript of that deposition seemed to be either that Duxbury had done no procurements over $25,000 that were not exempt from 30b or that Duxbury had not been adhering to the requirements of 30b. We had left a message for Mr. MacDonald asking for clarification over a week ago, but had not received any response as of late last week and so were concerned.

Richard phoned today to assure us that despite what the deposition transript says (and its implications), Duxbury routinely issues IFBs for numerous procurements of goods and services. He said that Duxbury does not use the RFP process and used it for the North Hill management contract procurements in 2008 and 2009 only because it had been used for prior contracts at North Hill.  He said that in recent years, other than for North Hill in 2008/2009, Duxbury has not used the RFP process at all but always uses the IFB process instead.