Agenda Item 5B
October 21,2014
Introduction
MEMORANDUM
October 17,2014
TO:
FROM:
County Council
Josh Hamlin, Legislative
Attome·~·"....r
SUBJECT:
Introduction:
Bill 49-14, Contracts an Procurement - Formal Solicitation ­
Reciprocal Local Preference
Bill 49-14, Contracts and Procurement - Formal Solicitation - Reciprocal Local
Preference, sponsored by Council President Rice, is scheduled to be introduced on October 21,
2014. A public hearing is tentatively scheduled for November 25 at 1:30 p.m.
Bill 49-14 would establish a reciprocal preference for a County-based bidder in certain
contracts awarded by competitive sealed bidding. Specifically, the Bill would require the
Director of the Department of General Services to grant a preference to a responsible and
responsive County-based bidder if the lowest responsible and responsive bidder is from another
jurisdiction that grants a preference to its resident bidders. The reciprocal preference would be
identical to the preference granted by the other jurisdiction to its resident bidders.
Background
Earlier this year, the Council enacted Bill 13-14, which defined "County-based bidder or
offeror," and codified a preference for a County-based bidder or offeror in the event of a tie bid
or ranking in a contract awarded by formal solicitation. This Bill addresses the situation where a
County-based bidder is seeking a County contract awarded by competitive sealed bidding, and
competing against bidders from other jurisdictions that offer specific preferences to their resident
bidders. The Bill would require that a County-based bidder be given the same preference that
such bidders receive in their home jurisdiction. For example, if the low bidder is from a
jurisdiction that grants a 10 percent preference to its own resident bidders, the Director would
add 10 percent to that bidder's price for the purpose of evaluating the bid against a County-based
bidder.
This packet contains:
Bill 49-14
Legislative Request Report
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Bill No.
49-14
Concerning: Contracts and Procurement
- Formal Solicitation - Reciprocal
Local Preference
Draft No.1
Revised: October
13.2014
Introduced:
October
21. 2014
Expires:
April
21. 2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date: _ _ _ _ _ _ __
Ch, _ _ Laws of Mont Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Rice
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 fonnal solicitation.
By amending
Montgomery County Code
Chapter 11 B, Contracts and Procurement
Sections llB-l and llB-9
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, Mary/and approves thefollowing Act;
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BILL No. 49-14
1
2
3
Sec.
1.
Sections 11B-1 and 11B-9 are amended as follows:
lIB-I.
Definitions.
Unless the context indicates othelWise, the following tenns have the following
meanmgs:
County-based bidder or offeror
means a person that has its principal place of
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5
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business in Montgomery County, as further defined by Executive regulation
adopted under Section IlB-8
*
ill
ill
ill
*
*
9
10
11
12
Preference
means
g
policy that favors one bidder over another and includes:
g
percentage preference;
an employee residency requirement; or
any other law, policy, or practice that favors
g
resident over
g
noresident.
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14
15
16
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19
*
(a)
*
*
I1B-9.
Formal solicitation - competitive sealed bidding.
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.
*
ill
*
*
20
21
Reciprocal preference for County-based bidder.
ill
In
making an award under this Section, the Director must give
g
preference to
g
responsible and responsive County-based bidder
if:
fA}
g non County-based bidder is the lowest responsible and
responsive bidder;
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23
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25
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BILL No. 49-14
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35
(ill
the non County-based bidder has its principal place of
business in
~
state or political subdivision that gives
~
preference to its residents; and
(Q
~
preference does not conflict with
~
federal law or
~ ~
affecting the purchase or contract.
ill
A preference given under this subsection must be identical to the
preference that the other state or political subdivision gives to its
residents.
Approved:
Craig
L.
Rice, President, County Council
Date
36
Approved:
37
Isiah Leggett, County Executive
Date
38
This is a correct copy o/Council action.
39
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 49-14
Contracts and Procurement
-
Formal Solicitation
-
Reciprocal Local Preference
DESCRIPTION:
Bill 49-14 would defme "preference" and would require that Director
give a preference to a responsible and responsive County-based
bidder if the lowest responsible and responsive bidder is from another
jurisdiction that grants a preference to its resident bidders. The
preference would be identical to the preference granted by the other
jurisdiction to its resident bidders.
The County wishes to support County-based businesses that are
seeking to do business with the County.
To establish a reciprocal preference for a County-based bidder in the
event that the lowest responsible and responsive bidder is from a
jurisdiction that grants a preference to its resident bidders.
Office of Procurement
To be requested.
To be requested.
To be requested.
To be researched.
Josh Hamlin, 240-777-7892
To be researched.
PROBLEM:
GOALSAND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
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