Bill No.
13-14
Concerning: Contracts and Procurement
Formal Solicitation -
Local
-
Preference
Draft No. 4
Revised: March 6. 2014
Introduced:
February 4.2014
Enacted:
Aprilt
2014
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-!..:!.N~on'-!.::e~
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Navarro, Berliner, Riemer, EIrich, Floreen, Branson and Andrews
AN
ACT to:
(1)
(2)
(3)
establish a preference for a County-based bidder in certain contracts awarded by
formal solicitation;
defme a County-based bidder or offeror; and
generally amend the law governing the award of contracts by formal solicitation.
By amending
Montgomery County Code
Chapter 11 B, Contracts and Procurement
Sections 11B-l, 11B-9, and 11B-lO
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
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Heading or defined term.
Added to existing law
by
original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 13-14
1
Sec.
ttB-t. Definitions.
Unless the context indicates otherwise, the following terms have the following
meanmgs:
[(a)]
[(b)]
[(c)]
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[(d)]
[(e)]
[(f)]
[(g)]
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to
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County-based bidder or offoror
means
person that has its principal
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place of business in Montgomery County, as further dermed by
Executive regulation adopted under Section IIB-8[[;.
ill
has operated through an office, distribution point, or facility in
the County for at least
6
months immediately pnor to
submitting
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bid in response to
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formal solicitation issued
Qy
the County; and
ill
[(h)]
[(i)]
owns tangible personal property subject to taxation
Qy
the
County]]:.
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[0)]
[(k)]
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[(1)]
[em)]
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BILL
No. 13-14
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[(P)]
[(q)]
[(r)]
[(s)]
[(t)]
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Tie bid
means
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low bid submitted
Qy
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responsible and responsive
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bidder that is identical in price to
bid from another responsible and
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responsive bidder under
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fonnal solicitation.
[(u)]
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Sec. 11B-9. Formal solicitation - competitive sealed bidding.
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(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,
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evaluation criteria including the procedure for resolving tie bids, and all
contractual provisions applicable to the procurement.
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Tie Bids.
If the Director makes an award, the Director must award
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contract to the County-based bidder when there is
tie bid between
County-based bidder and
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non County-based bidder.
11B-10. Formal solicitation - competitive sealed proposals.
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(d)
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Evaluation and method ofaward.
(1)
A request for proposals must contain evaluation factors and an
explanation of how the rank of an offeror will be detennined.1
including the procedure for resolving ties in ranking. Evaluation
factors must include factors related to the technical quality of the
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BILL No.
13-14
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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
alone, the Director must award
offeror when
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contract on price
contract to the County-based
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qualified County-based offeror and
qualified
non County-based offeror have submitted [[identical]] equally
ranked price proposals.
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(f)
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Approval ofcontract awards.
The Director must approve the proposed
ranking of offerors. If
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County-based offeror and
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non County-based
offeror each receive an identical ranking score, the Director must
consider the County-based offeror to be the higher ranked offeror.
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BILL
No. 13-14
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Approved:
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ill
Date
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Approved:
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Isiah Leggett, County Executive
Date
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This
is
a correct copy ofCouncil action.
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Linda M. Lauer, Clerk ofthe Council
Date
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