Bill No.
48-14
Concerning: Purchases from Minoritv
Owned Businesses - Procedures -
Request for Proposals
Revised: March 19, 2015 Draft No.§....__
Introduced:
October21. 2014
Enacted:
April 14. 2015
Executive:
April 22. 20'15
Effective:
July 22. 2015
Sunset Date: December 31, 2015
Ch.
_2Q_,
Laws of Mont Co.
2015
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)
establish an evaluation factor in a request for proposals to increase the participation
of minority owned
firms
in certain procurement contracts;
(2)_
a._c_!~
acJditlona1
~ols
for increasing the participation of minority owned
firms
in
- certain procurement
contraCts;
and-·-- - - ----
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(3)
generally amend the County's minority owned business purchasing program.
By amending
Montgomery County Code
· Chapter l lB, Contracts and Procurement
Section 11 B-60
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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 unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 48-14
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Sec. 1. Section llB-60 is amended as follows:
llB-60. Procedures.
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(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-61(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~.
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The Chief
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Administrative . Oificer::-must-not-:
set::-gQ_als~for_a::_s0Gi_allyQI-::~.<;Q1l()nrl<:;ally
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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)
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The Office of Procurement must publicly notify businesses of
prospective procurement opportunities.
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(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:
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BILL
No. 48-14
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(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~l
has been set with a requirement that one or more be
contacted if any work subject to a goal is being subcontracted;
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(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 percentage of the total
dollar value of the contract that is consistent with the numerical
goals established under subsection (a);
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(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
· -owned -·
business_:~~=proeureme11_t__
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~~=~~- ~meet••
...-its----·minority-
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
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BILL
No. 48-14
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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)
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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
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-
~-68_:~~:
.......
-·-~::...... ntlnority.=owned=business:...suhcontraeto.rs~~and
all~~ammn1ts
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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
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ill
an evaluation factor with
~
value of
[[ill
least 10%, but]] no more
than [[20%,]] 10% of the total available points in
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request for
proposals issued under Section llB-10 awarding additional
points
for~
proposal from:
(A)
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contractor for
whom~
goal
has
been set under subsection
illtand
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BILL
No. 48-14
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an
~
contractor for whom
~
goal has not been set who
proposes to exceed the minority owned business .
procurement subcontracting goal established for the
contract.
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*
Approved:
*
*
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George Leventhal, Pr((sident, County Council
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Date
Approved:
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Isial!i Leggett, CoUn:
E~ecutive
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Linda M. Lauer, Clerk of the Council
Date
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