I
i
Bill No.
49-14
Concerning: Contracts and Procurement
- Formal Solicitation· - Reciprocal
Local Preference
Revised: October 13. 2014
Draft No.
i
Introduced:
October 21. 2014
Enacted:
Apnl14.2015
Executive:
Apnl22.2015
Effective:
January 1. 2016
Sunset Date: _N,....o=n=e'--------
Ch.
_zi_,
Laws of Mont Co.
2015
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Rice and Councilmember Elrich
ANACTto:
(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.
Byam.ending
Montgomery County Code
Chapter 1lB, Contracts and Procurement
Sections 1lB-1 and 1lB-9
Boldface
Underliriing
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
*
* *
Heading or de.fined term.
Added to existing law by orii;.nal 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. 49-14
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Sec.1. Sections
llB-1
and
llB-9
are amended as follows:
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llB-1.
Definitions.
Unless the context indicates otherwise, the following terms have the following
mearungs:
County-based bidder or ojferor
means a person that has its principal place of
business in Montgomery County, as further defined by Executive regulation
adopted under Section 1 lB-8
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ill
ill
ill
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Preference
means
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policy that favors one bidder over another and includes:
~percentage
preference;
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an employee residency requirement; or ·
any other law, policy, or practice that favors
nonresident.
~
resident over
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*
(a)
*
*
llB-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.
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*
ill
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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
~
preference to
if:
(A)
~non
~
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responsible and responsive County-based bidder
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
.(Q
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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.
ill
A preference given under this subsection must be identical to the
preference that the other state or political subdivision gives to its
residents.
ill
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
sub~tted
a lower
responsible · and responsive bid than any County-based
bidder before the application of any reciprocal preference:
and
all
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 January
1.
2016.
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BILL
No.
49-14
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Approved:
47
George Leventhal, President, County Council
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Date
Approved:
49
Isi~
Leggett,
Co'Jf
ty .
xeeutive
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Date
5.0
This is a correct copy of
Counci~
action.
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Linda M. Lauer, Clerk of the Council
Date
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