Bill No.
48-14
Concerning: Purchases from Minority
Owned Businesses - Procedures -
Request for Proposals
Revised: March
19. 2015
Draft No.§___
Introduced: · October
21. 2014
Enacted:
April
14. 2015
Executive: - - - - - - - - -
Effective: - - - - - - - - - -
Sunset Date: December
31. 2015
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Rice, Council Vice President Leventhal, and Councilmembers Elrich,
Branson, Navarro, and Riemer
AN
ACT.to:
(1)
(2)
(3)
establish an evaluation factor
in
a request for proposals to increase the participation
of minority owned
firms
in certain procurement contracts;
add additional tools for increasing the participation of minority owned
firms
in
certain
procurement contracts; and
generally amend the County's minority owned business purchasing program.
By amending
Montgomery County Code
Chapter 1 IB, Contracts and Procurement
Section llB-60
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
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 unqffected by bill.
The County Council for Montgomery County, Maryland approves· the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 48-14
I
2
Sec. 1. Section llB-60 is amended as follows:
llB-60. Procedures.
(a)
By September 30 of each year, the Chief Administrative.Officer must
set for the following calendar year percentage goals of the dollar value
of purchases subject to this Article for each socially or economically
disadvantaged group. The goals must correspond to the availability of
that group by source selection method and purchasing category in the
relevant geographic market area as determined by the most recent report
that the County Executive must submit to the County Council under
Section 11B-6l{b) to perform work under County c<;mtracts. The Chief
Administrative Officer must set separate goals for each · socially or
economically disadvantaged group in the County's purchases.of goods,
construction, professional services, and other
service~.
The Chief
3
4
5
6
7
8
9
10
II
12
13
14
Administrative Officer must not set goals for a socially or economically
disadvantaged group unless the Chief Administrative Officer determines
that the value of purchases made during the previous fiscal year from
that group in each category of purchases under a particular source
selection method,· compared with the availability of that group to
perform work in that category, shows a significant under-utilization of
the group.
(b)
The Chief Administrative Officer ·must adopt procedures to certify and
decertify minority owned businesses.
(
c)
15
16
17
18
19
20
21
22
23
24
The Office of Procurement must publicly notify businesses of
prospective procurement opportunities .
.25
26
(
d)
For those procurements where a goal has been set under subsection (a),
the Office of Procurement must encourage minority owned business
participation in procurement. These activities should include:
-2-
27
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 48-14
28
(1)
distribution to potential contractors for_ whom a goal has not been
set of a list of potential minority owned business contractors for
whom a
go~
has
29
30
31
32
been set with a requirement that one or more be
contacted
if
any work subject to a goal is being subcontracted;
(2)
a provision in all solicitations for procurements in excess of
$50,000 that requires, subject to the waiver provisions of
subsection
(h),
businesses for whom a goal has not been set
acting as prime contractors to subcontract to minority owned
businesses for whom a goal has been set a
percen~ge
of the total
dollar value of the contract that is consistent with the numerical
goals established under subsection (a);
(3)
a requirement that a contractor for whom a goal has not been set:
(A)
agree to a plan showing how the contractor proposes to
meet
its
minority
owned
business
procurement
33
34
35
36
37
38
39
40
41
42
subcontracting goal; and
(B)
identify," before a notice to proceed is issued or
performance of a contract begins, whichever occurs first,
each minority owned business that the contractor intends to
subcontract with and the projected dollar amount of each
subcontract, and promptly notify the using department of
any change in either item; [and]
(4)
contract requirements that minority owned business participation
goals be maintained by prime contractors throughout the life of
the contract, including modifications and renewals, subject to the
waiver provisions of subsection (h). Contract requirements:
(A)
may include obligating contractors subject
tO
the minority
owned business procurement goals to provide in each
-3-
43
44
45
46
47
48
49
50
51
52
53
54
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 48-14
55
56
57
58
59,
60
61
62
63
64
65
66
67
68
69
70
71
subcontract with a minority owned business a provision .
requiring the use of binding arbitration to resolve disputes
between the contractor and the minority owned business
subcontractor; and
(B)
must make· failure to submit documentation showing
compliance with a minority owned business subcontracting
plan under paragraph (3) grounds for withholding any
remaining payment or imposing liquidated damages unless
failure to comply with the plan is the result of an
arbitration decision under subparagraph (A) or a waiver
granted under subsection (h). Liquidated damages under
this provision must equal the difference between
all
amounts the contractor has agreed under its plan to pay
minority owned business subcontractors and all amounts
actually paid minority owned business subcontractors
under the contract, considering any relevant waiver or
arbitrator's decisioQ.. Failure
to
show compliance with a
minority owned business subcontracting plan must also
result in :finding the contractor non-responsible for
purposes of future procurements with the County during
the next 3 years; and
72
73
74
75
76
77
78
79
80
81
ill
an evaluation factor
with~
value of
[(fil
least 10%, but]] no more
than [[20%,]] 10% of the total available points in
~
request for
proposals issued under Section 1 lB-10 awarding additional
points
for~
proposal from:
(A)
~
contractor for
whom~
goal has been set under subsection
(fil;.
and
-4-
 PDF to HTML - Convert PDF files to HTML files
BILL No. 48-14
82
83
84
85
@
~
contractor for whom
~
goal
has
not been set who
proposes to exceed the minority owned business
procurement subcontracting goal established for the
contract.
86
87
88
89
90
Isiah Leggett, County Executive
*
Approved:
*
*
~~
George Leventhal, President, County Council
4fG/5
Date
Date
Approved:
91
92
This is a correct copy ofCouncil action.
Linda
M.
Lauer, Clerk of the. Council
Date
-5-