Bill No.
49-14
Concerning: Contracts and Procurement
- Fonnal Solicitation - Reciprocal
· Local Preference
Revised: October 13. 2014
Draft No.
2
Introduced:
October 21. 2014
Enacted:
April 14, 2015
Executive: - - - - - - - - -
Effective:
January 1. 2016
Sunset Date: _.N:..:.;o=n=e_ _ _ _ __
Ch. _ _, Laws of Mont
Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Rice and Councilmember Elrich
AN ACT
to:
(1)
(2)
(3)
establish a reciprocal preference for a County-based bidder
in
certain contracts
awarded by competitive sealed bidding;
define preference; and
generally amend the law governing the award of contracts by
formal
solicitation.
By amending
Montgomery County Code
Chapter 1lB, Contracts and Procurement
Sections 1lB-1 and l lB-9
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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
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amendment
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the followi1w Act:
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BILL
No. 49-14
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Sec.1. Sections llB-1 and llB-9 are amended as follows:
llB-1. Definitions.
Unless the context indicates otherwise, the following terms have the following
meamngs:
County-based bidder or ojferor
means a person that
has
its principal place of
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business in Montgomery County, as further defined by Executive regulation
adopted under Section 1 lB-8
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ill
~percentage
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Preference
means
~policy
that favors one bidder over another and includes:
preference;
ru
Q)
an employee residency requirement; or .
any other law, policy, or practice that favors
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resident
over~
nonresident.
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(a)
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llB-9. Formal solicitation - competitive sealed bidding.
Conditions for use.
Contracts must be awarded by competitive sealed
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bidding except as otherwise authorized in this Chapter or regulations.
Competitive sealed bidding is initiated by issuing an invitation for bids.
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Reciprocal preference.for County-based bidder.
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ill .
In making an award under this Section, the Director must give
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preference
if:
(A)
~non
to~
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responsible and responsive County-based bidder
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County-based bidder is the lowest responsible and
responsive bidder;
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BILL No. 49-14
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.(ID
the non County-based bidder has its principal place of
business
in
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state or political subdivision that gives
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preference to its residents; and
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preference does not conflict with
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federal law or
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affecting the purchase or contract.
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A preference given under this subsection must be identical to the
preference that the other state or political subdivision gives to its
residents.
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A preference must not be given under this subsection if it would
result in an award to a County-based bidder when:
(A)
a non County-based bidder has submitted a lower
responsible · and responsive bid than any
~ounty-based
bidder before the application of any reciprocal preference:
and
(ID
the non-County-based bidder has its principal place of
business
in
a state or political subdivision that does not
give a preference to its resident
Sec. 2.
Effective Date.
This Act takes effect on Januarv
1.
2016.
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BILL
No. 49-14
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Approved:
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f;s
George Leventhal, President, County Council
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Approved:
Isiah Leggett, County Executive
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This is a correct copy ofCounc# action.
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Linda M. Lauer, Clerk of the Council
Date
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