AGENDA ITEM 6B
April 1, 2014
Government Operations and Fiscal Policy Committee
Josh Hamlin, Legislative Attorne
Bill 13-14, Contracts and Procurement - Formal Solicitation - Local
Government Operations and Fiscal Policy Committee recommendation
enact the Bill
Bill 13-14, Contracts and Procurement
Formal Solicitation - Local Preference,
sponsored by Councilmembers Navarro, Berliner, Riemer, Eirich, Floreen, Branson and
Andrews, was introduced on February 4,2014. A public hearing was held on February 25 and a
Government Operations and Fiscal Policy Committee worksession was held on March 6, 2014.
Bill 13-14 would define "County-based bidder or offeror" and would require that a
County-based bidder or offeror be given preference in the event of a tie bid or ranking in
contracts awarded by formal solicitation. County procurement regulations currently provide a
tie-breaking procedure which gives first preference to a bidder or offeror "who has its principal
place of business in Montgomery County." This bill would codify that preference, as well as
require a preference be given to a County-based offeror, in the event of identical price proposals,
when a contract award is made on price alone. This bill would also require that a formal
solicitation include an explanation of the procedure for resolving a tie bid or ranking.
There were no speakers at the February 25 public hearing, and no written public
testimony was received. A memorandum from the County Executive, expressing support for the
bill, was received on February 25 (©8). The fiscal and economic impact statements were
received on March 24,2014, and indicate no fiscal or economic impact (©12)
David Dise, DGS Director, Pam Jones, DGS, and Grace Denno, DGS, represented the
Executive Branch. The Committee approved (3-0) amendments that would:
(1) define "County-based bidder or offeror" as "a person that has its principal place
of business in Montgomery County, as further defined by Executive regulation
adopted under Section I1B-8;" and
(2) change the modifier of "price proposal" from "identical" to "equally ranked,"
when applying the tiebreaker to when a contract award is made on price alone.