Bill No.  13-14

Concerning: Contracts and Procurement – Formal Solicitation – Local Preference

Revised: March 6, 2014       Draft No. 4

Introduced:      February 4, 2014

Enacted:         April 1, 2014

Executive:       April 10, 2014

Effective:        July 10, 2014

Sunset Date:  None

Ch.   5 , Laws of Mont. Co.    2014

County Council

For Montgomery County, Maryland

By: Councilmembers Navarro, Berliner, Riemer, Elrich, Floreen, Branson and Andrews

AN ACT to:

(1)        establish a preference for a County-based bidder in certain contracts awarded by formal solicitation;

(2)        define a County-based bidder or offeror; and

(3)        generally amend the law governing the award of contracts by formal solicitation.

By amending

            Montgomery County Code

            Chapter 11B, Contracts and Procurement

            Sections 11B-1, 11B-9, and 11B-10

Boldface Heading or defined term.

Underlining Added to existing law by original bill.

[Single boldface brackets] Deleted from existing law by original bill.

Double underlining Added by amendment.

[[Double boldface brackets]] Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.

The County Council for Montgomery County, Maryland approves the following Act:

Sec. 11B-1. Definitions.

          Unless the context indicates otherwise, the following terms have the following meanings:

[(a)]                    *        *        *

[(b)]                                *        *        *

[(c)]                                *        *        *

[(d)]                                *        *        *

[(e)]                                *        *        *

[(f)]                                 *        *        *

[(g)]                                *        *        *

County-based bidder or offeror means a person that has its principal place of business in Montgomery County, as further defined by Executive regulation adopted under Section 11B-8[[:

(1)     has operated through an office, distribution point, or facility in the County for at least 6 months immediately prior to submitting a bid in response to a formal solicitation issued by the County; and

(2)     owns tangible personal property subject to taxation by the County]].

[(h)] *        *        *

[(i)] *        *        *

[(j)]                                 *        *        *

[(k)]                                *        *        *

[(l)]                                 *        *        *

[(m)]                               *        *        *

[(n)]                                *        *        *

[(o)]                                *        *        *

[(p)] *        *        *

[(q)]                                *        *        *

[(r)]                                *        *        *

[(s)]                                *        *        *

[(t)]                                 *        *        *

Tie bid means a low bid submitted by a responsible and responsive bidder that is identical in price to a bid from another responsible and responsive bidder under a formal solicitation.

[(u)]                                *        *        *

Sec. 11B-9. Formal solicitation - competitive sealed bidding.

(a)     Conditions for use. Contracts must be awarded by competitive sealed bidding except as otherwise authorized in this Chapter or regulations.  Competitive sealed bidding is initiated by issuing an invitation for bids.

(b)     Invitation for bids. An invitation for bids must include specifications, evaluation criteria including the procedure for resolving tie bids, and all contractual provisions applicable to the procurement.

                                      *        *        *

(i) Tie Bids.  If the Director makes an award, the Director must award a contract to the County-based bidder when there is a tie bid between a County-based bidder and a non County-based bidder.

11B-10. Formal solicitation - competitive sealed proposals.

                                      *        *        *

(d)     Evaluation and method of award.

(1)     A request for proposals must contain evaluation factors and an explanation of how the rank of an offeror will be determined, including the procedure for resolving ties in ranking. Evaluation factors must include factors related to the technical quality of the proposal or the ability of the offeror, or both.  Evaluation factors may include price.  The evaluation process may involve one or more steps.

(2)     If the Director determines that a sufficiently detailed scope of services has been developed to allow for selection of a contractor on the basis of price, the evaluation process may provide for the selection of a proposed contractor by requiring all offerors who meet pre-established levels of competency as reflected in scores awarded by the qualification and selection committee to compete for the contract award on the basis of price alone.  Price submissions must be submitted in a sealed offer.  If required in the Request for Proposal, the price proposal must be binding on the offeror.  The price proposal may be submitted at any point during the evaluation process as stated in the Request for Proposals.  If the Director decides to award a contract on price alone, the Director must award a contract to the County-based offeror when a qualified County-based offeror and a qualified non County-based offeror have submitted [[identical]] equally ranked price proposals.

*        *        *

(f)      Approval of contract awards. The Director must approve the proposed ranking of offerors.  If a County-based offeror and a non County-based offeror each receive an identical ranking score, the Director must consider the County-based offeror to be the higher ranked offeror.

*        *        *

Approved: