(A) Intent. The intent of this article is:
(1) To provide for the fair and equitable treatment of all persons involved in the County's procurement processes, to maximize the purchasing value of public funds, to codify and standardize the County's purchasing procedures for the orderly and efficient administration thereof, to provide safeguards for maintaining a procurement system of quality and integrity and to foster effective, broad-based competition within the free enterprise system.
(2) To secure for the County taxpayers the advantages and economies which will result from centralized control over the expenditures of County funds for supplies, materials, equipment, public improvements, professional, and contractual services by the application of modern, business-like procurement and contracting methods and by better utilization of the articles procured at public expense. (1959 Code, § 36-2)
(3) To memorialize the County’s intent that with respect to procurement activities, the rules and regulations established by or promulgated under authority of this article shall extend to all agencies as defined herein and established a uniform and standard Procurement practice.
(B) Applicability. The provisions of this chapter shall apply to the following:
(1) Every expenditure of public funds by the County unless otherwise exempted by the County, irrespective of their source, including federal assistance monies;
(2) Disposal of surplus material; and
(3) Contracts where there is no expenditure of public monies or where the County is offering something of value to the business community when the County determines source selection and award of a contract.
(C) Requirement of good faith. The provisions of this article require all parties involved in the development, performance, or administration of purchasing contracts of the County to act in good faith.
(D) Exemptions. The following are exempt from the provisions of this article:
(1) The sale or lease of County real property;
(2) Contracts for professional witnesses if the purpose of such contracts is to provide for services or testimony relating to an existing or potential judicial proceeding in which this County is or may become a party or to contracts for special investigative services for law enforcement purposes;
(3) Goods and/or services specifically designated by law enforcement as necessary for undercover, investigative work;
(4) Agreements negotiated by the County Attorney in settlement of litigation or threatened litigation;
(5) The purchases of materials for resale in a concession operation which shall be made in accordance with procedures prescribed by the Director of P&C;
(6) Contracts for municipal improvement districts;
(7) Items identified as eligible for payment via payment voucher;
(8) Insurance proposals pursuant to the provisions of the most recently adopted resolution; or
(9) Purchases made by the Office of Economic Development for public relations purposes, subject to written approval by the Director of P&C.
(E) Agency authorization. The County Executive may authorize, in writing, any agency to purchase or contract for certain specified supplies, materials, equipment, capital improvement or contractual services independently of the Director of P&C, but shall require that such purchases or contracts shall be made in conformity with the applicable provisions of this article and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization.
(F) Legal services. The procurement of legal advice or engagement of a law firm to assist with County legal matters may only occur after receipt of written authorization from the County Attorney.
(G) All purchases shall follow. All procurements are subject to the requirements of the Frederick County Charter and Code and the rules and regulations. Any procurement made contrary to the provisions herein is voidable by the Director of P&C, with the approval of the County Executive, and the County shall not be bound thereby. The head of the agency making such purchase transaction shall be personally liable for the costs of such purchase or contract and, if already paid for out of County funds, the amount thereof may be recovered in the name of the County in an appropriate action therefore. Known violations of the provisions set forth herein may result in disciplinary action(s) as deemed appropriate by Human Resources.
(H) Splitting requirements. An agency may not split or divide into increments the amount of needed services, supplies, materials, or equipment in a manner that would then allow use of a different procurement method.
(I) Electronic authorization. Electronic media, including acceptance of electronic signatures, is authorized and may be utilized in accordance with the State of Maryland's applicability statute, regulatory and other guidance for use of such media, provided the media provides for:
(1) Appropriate security to prevent unauthorized access to the quotation, approval, and award processes; and
(2) Accurate retrieval or conversion of electronic forms of records and information into a medium which permits inspection and copying.
(1959 Code, § 36-5)
(Ord. 09-29-533, 12-15-2009; Ord. 14-23-678, 11-13-2014; Bill No. 22-20, 10-25-2022)