Bill No.
13-14
Concerning: Contracts and Procurement
Formal Solicitation -
Local
-
Preference
Revised: March 6, 2014
Draft No. 4
Introduced:
February 4, 2014
Enacted:
April 1, 2014
Executive:
April 10,2014
Effective:
July 10,2014
Sunset Date: _Nw:;o:..:.n.:.>Oe'--_ _ _ __
Ch.
_5_.
Laws of Mont Co.
2014
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
fonnal solicitation;
define a County-based bidder or offeror; and
generally amend the law governing the award ofcontracts by fonnal solicitation.
By amending
Montgomery County Code
Chapter lIB, Contracts and Procurement
Sections llB-I, llB-9, and llB-lO
Boldface
Underlining
[Single boldface brackets]
Couble 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 llIU!IJected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL NO.
13-14
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Sec.ttB-t. Definitions.
Unless the context indicates otherwise, the following tenns have the following
meanmgs;
[(a)]
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[(b)]
[(c)]
[(d)]
[(e)]
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[(f)]
[(g)]
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County-based bidder or offeror
means
person that has its principal
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place of business in Montgomery County. as further defined by
Executive regulation adopted under Section IlB-8 [[;
ill
has operated through an office, distribution point, or facility in
the County for at least
Q
months immediately prior to
submitting
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bid in response to
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fonnal solicitation issued
Qy
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the County; and
ill
[(h)]
owns tangible personal property subject to taxation
Qy
the
County]].!
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[(i)]
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[0)]
[(k)]
[(1)]
[(m)]
[(n)]
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[(0)]
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BILL No. 13-14
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[(P)]
[(q)]
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[(r)]
[(s)]
[(t)]
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Tie bid
means
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low bid submitted
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responsible and responsive
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bidder that is identical in price to
bid from another responsible and
responsive bidder under
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formal solicitation.
[(u)]
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Sec.
llB-9.
Formal solicitation - competitive sealed bidding.
(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,
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
contract to the County-based bidder when there is
tie bid between
County-based bidder and
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non County-based bidder.
llD-lO.
Formal solicitation - competitive sealed proposals.
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(d)
(l)
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Evaluation and method ofaward.
A request for proposals must contain evaluation factors and an
explanation of how the
rank
of an offeror will be
determine~
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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
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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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Approved:
ill
Date
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I~tt,COJn~
Ik~
Dale
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This
is
a correct copy ofCouncil action.
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~7n~~
Linda M. Lauer, Clerk ofthe Council
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