(A) The Director of P&C serves as the purchasing official for the County, is responsible for the procurement of all materials, services, professional services and construction services for the County, as governed by the terms of this article.
(B) The Director of PC&C or designee will, subject to the provisions of this article:
(1) Purchase all supplies, materials, equipment and contractual services required by the agencies and for all capital improvement projects of the County, subject to the approval of the County Executive, when necessary.
(2) Negotiate contracts for professional services, subject to the approval of the County Executive, when necessary.
(3) Use specifications established in accordance with this article when applicable to purchase orders and contracts, and insure compliance with such specifications through adequate inspection, including testing.
(4) Solicit information via the request for information process to gain insight and information on goods, services, industry practices, industry interest, service standards, etc. which may not be easily gleaned from County employees and that may be utilized in a future solicitation or selection process.
(5) Transfer to or between agencies or exchange, trade-in or sell those supplies, materials and equipment, which are surplus, obsolete or unused.
(6) Develop, with the approval of the OCA as to legal sufficiency, standard forms and conditions of solicitations, purchase orders and contracts. Develop and prescribe the use by agencies of other forms required in carrying out the provisions of this article and amend or eliminate any forms.
(7) Terminate contracts of $100,000 or less when the Director of P&C determines that it is in the best interest of the County.
(8) Recommend termination of contracts in excess of $100,000 to the County Executive when the Director of P&C determines that it is in the best interest of the County.
(C) The Director of P&C will submit, as required by the County Executive, a report on the work of the P&C in implementing the provisions of this article.
(D) The Director of P&C shall recommend revisions to these Code provisions as needed and conduct a comprehensive review five (5) years from the date of the most recent comprehensive update.
(E) The Director of P&C has the authority to cancel any solicitations.
(1) Any solicitation may be canceled, with all bids, proposals or submissions being rejected in whole or in part as specified in the solicitation when the Director of P&C has determined it to be in the best interest of the County.
(2) Prior to a solicitation bid opening, a solicitation may be canceled in whole or in part when the Director of P&C determines in writing that:
(a) The County no longer requires the materials, services, or construction;
(b) The County can no longer reasonably expect to fund the procurement;
(c) Proposed amendments to the solicitation would be of such magnitude that a new solicitation is in the best interest of the County; or
(d) Any reason determined by the Director of P&C to be in the best interest of the County.
(3) The Director will provide public notice of the cancellation.
(4) After bid opening, but prior to award, all bids, proposals or submissions may be rejected in whole or in part when the Director of P&C determines in writing that:
(a) The County no longer requires the materials, services, or construction;
(b) Ambiguous or otherwise inadequate specifications or scopes of work were part of the solicitation;
(c) The solicitation did not provide for consideration of all factors of significance to the County;
(d) Prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds;
(e) All otherwise acceptable bids, statements of qualifications, or proposals received are at clearly unreasonable prices;
(f) There is reason to believe that the bids, statements of qualifications, or proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith; or
(g) Competition was insufficient or no bids, proposals, or submissions were received.
(G) The Director of P&C will determine whether a bidder or offeror is responsible by considering:
(1) The ability, capacity, and skill of the bidder or offeror to perform the contract or provide the services required;
(2) Whether the bidder or offeror can perform the contract or provide the service promptly and within the time specified without delay or interference;
(3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder or offeror;
(4) The quality of the bidder's or offeror's performance of previous contracts or services;
(5) The previous and current compliance by the bidder or offeror with laws and ordinances relating to the contract or service;
(6) The sufficiency of the financial resources and ability of the bidder or offeror to perform the contract or provide the service;
(7) The quality, availability, and adaptability of the materials and services to the particular use required;
(8) The ability of the bidder or offeror to provide future maintenance and service for the use of the subject of the contract;
(9) Any other circumstances which may affect the bidder's or offeror's performance of the contract; and
(10) The agency's research if it is called upon for assistance in determination.
(H) No contract shall be awarded to any bidder or offeror who is in default on the performance of any other contract with the County or in the payment of any taxes, licenses, or other monies due the County or State.
(I) The Director of P&C shall be the sole contact for agreement negotiation with contractors. No officer or employee of the County shall contract directly or indirectly with any vendor or Contractor except with the approval of the Director of P&C.
(J) The Director of P&C is authorized to accept early payment discounts as the lowest price offered if it is determined that the County can meet the discount terms.
(K) The Director of P&C will, when possible, avoid oral communications with contractors and facilitate all interaction in writing so as to avoid misunderstandings and to provide a historical background and audit file.
(L) The Director of P&C shall maintain an open record policy whereby prices obtained through open competition and quotations are available to the public after a purchase is made, upon written receipt of a request, pursuant to the Public Information Act State Government Article Title 10, Subtitle 6, Annotated Code of Maryland.
(M) The Director of P&C shall determine award methodology in the event competition was insufficient or no bids, proposals, or submissions were received.
(N) The Director of P&C may utilize a geographic distribution award methodology whereby contract awards are made to different contractors for the provision of goods or services in separate identifiable geographic areas of the County when justified by the need for timely delivery, service, availability, or price differential.
(O) The Director of P&C is responsible for assuring specification conformance of purchased goods and services.
(1) The Director of P&C will inspect and test, or cause to be inspected and tested, supplies, materials, and equipment, and the furnishing of contractual services, and the construction of capital improvement projects, to ensure their conformance with the specifications or fitness for use or performance requirements set forth in the purchase order or contract.
(2) Agencies may be authorized to complete the inspection and testing as deliveries are made or services performed.
(3) Chemical and physical tests of samples may be required by the Director of P&C and an outside laboratory may be utilized for this purpose.
(4) The Director of P&C shall promulgate necessary rules and regulations for inspection of deliveries.
(P) The Director of P&C will oversee purchases made by the Frederick County Health Department. The Frederick County Health Department is authorized to fulfill its procurement requirements by:
(1) Conducting procurement actions through the Frederick County Government procurement process;
(2) Conducting procurement in-house as authorized in writing by the Director of P&C; or
(3) Conducting all procurement following the State of Maryland procurement regulations as delineated in COMAR, Title 21.
(Q) The Director of P&C will oversee purchases made by Citizens Care and Rehabilitation Center and Montevue Assisted Living Facility.
(R) The Director of P&C will oversee the selection process for grant awardees.
(S) The Director of P&C may assess liquidated damages in accordance with solicitation or contract terms and conditions when necessary and permitted by the solicitation and at the sole discretion of the Director of P&C.
(T) The Director of P&C has the sole authority to issue all County Purchase Orders.
(1) No purchases shall be made without a purchase order or contract except for the authorized use of procurement cards or as otherwise stated in this article.
(2) Agency Directors will be personally responsible for the cost of all purchases or expenses incurred in a manner inconsistent with the provisions of the County Code and P&C Rules and Regulations.
(3) No notice of award will be signed, no open market purchase order will be issued, or procurement card purchase made without prior verification that an unencumbered account balance in excess of all unpaid obligations is sufficient to pay the amount of the purchase order, contract award, or procurement card purchase.
(4) The Budget Director is responsible for providing the Director of P&C with a detailed budget and capital outlay listing for each County Agency.
(5) It is the responsibility of each Agency Director to monitor and control expenditures made by their agency's employees via procurement cards.
(U) The P&C may participate in joint or cooperative purchase activities with other public jurisdictions or agencies, including but not limited to the municipalities within Frederick County, the Frederick County Board of Education, and Frederick Community College, Metropolitan Washington Council of Governments Cooperative Purchasing (MWCOG), Baltimore Regional Cooperative Purchasing Committee (BRCPC), Northeast Maryland Waste Disposal Authority (NMWDA), etc. Volunteer Fire and Rescue companies that are recognized participants in the Frederick County Fire and Rescue system may also participate in such joint or cooperative purchases.
(Bill No. 22-20, 10-25-2022)