Unless the context indicates otherwise, the following terms have the following meanings:
Bidder's list means the list of sources of supply for each category of goods, services, or construction purchased by the County.
Change order means an order authorized by the County, directing the contractor to make changes which the contract authorizes the County to order without the consent of the contractor.
Construction means the process of building, altering, repairing, improving, rehabbing, resurfacing, pavement milling or demolishing any structure or building, or other improvements of any kind to any real property, including routine operation, repair, and mechanical systems service contract for maintenance of existing structures, buildings, or real property.
Contract means any agreement to which the County is a party for the procurement or disposal of goods, services, or construction, including any contract modification.
Contract modification means any authorized alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract or by change order.
Contractor means any person that is a party to a contract with the County.
Cost-reimbursement contract means a contract under which a contractor is reimbursed for costs which are allowable under the provisions of the contract, this Chapter, and a fee, if any.
County-based bidder or offeror means a person that has its principal place of business in Montgomery County, as further defined by Executive regulation adopted under Section 11B-8.
Data means recorded information, regardless of form or characteristic.
Director means the Director of the Office of Procurement or the Director’s designee.
Goods means all supplies, equipment, materials, and all tangible personal property, excluding real property.
Invitation for bids means all documents, whether attached or incorporated by reference, used for soliciting a competitive sealed bid.
Mechanical Systems Service Contract means a contract for service of the following systems:
(a) HVAC systems, including heating, ventilation, and cooling/air conditioning equipment;
(b) refrigeration systems;
(c) plumbing systems, including pipes, tanks, fittings, and other elements that control the water and gas supply, heating, and sanitation of a building;
(d) electrical systems, including any electrical power and overhead and underground lines, poles, transformers, and other related equipment; or
(e) elevator systems, including escalators, moving walkways, and other related conveyances.
Person means any business, individual, union, committee, club, organization, group of individuals, firm, association, corporation, partnership, sole proprietorship, or other entity.
Preference means a policy that favors one bidder over another and includes:
(1) a percentage preference;
(2) an employee residency requirement; or
(3) any other law, policy, or practice that favors a resident over a nonresident.
Procurement means buying, purchasing, leasing or otherwise acquiring any goods, services, or construction. It also includes all functions that pertain to the obtaining of any goods, service, or construction, including description of requirements, selection and solicitation of sources, evaluation of offers, preparation and award of contract, dispute and claim resolution, and all phases of contract administration.
Public entity means:
(1) the federal government;
(2) a state government and any of its agencies;
(3) any political subdivision of a state government and any of its agencies;
(4) any board, commission, or committee established by federal, state, or local law;
(5) any organization or association of the federal government, state governments, or political subdivisions of state governments; and
(6) any other entity that is:
(A) qualified as a non-taxable corporation under the United States Internal Revenue Code, as amended; and
(B) incorporated by an entity under paragraphs (1) through (5) for the exclusive purpose of supporting or benefiting an entity under paragraphs (1) through (5).
Regulation means a regulation adopted by the Executive under method (1).
Request for proposals means all documents, whether attached or incorporated by reference, used for soliciting a competitive sealed proposal.
Responsible bidder or offeror means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will help assure good faith performance.
Responsive bidder means a person who has submitted a bid which conforms in all material respects to the invitation for bids.
Services means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term does not include employment agreements or collective bargaining agreements.
Specification means the words used to describe the goods, services, or construction to be purchased.
Tie bid means a low bid submitted by a responsible and responsive bidder that is identical in price to a bid from another responsible and responsive bidder under a formal solicitation.
Using department means any department, office, or agency which utilizes any goods, services, or construction procured under this Chapter. (1994 L.M.C., ch. 30, § 1; 2008 L.M.C., ch. 5
, § 1; 2014 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 13, § 1; 2015 L.M.C., ch. 21, § 1; 2016 L.M.C., ch. 7
, § 1; 2022 L.M.C., ch. 11, §1.)
Editor’s note-Section B-1, cost-reimbursement contract, is cited in Leaf Company v. Montgomery County, 70 Md.App. 170, 520 A.2d 732 (1987).
See County Attorney Opinion dated 9/8/98 explaining that County law limiting contractors from seeking or obtaining an economic benefit in addition to payment does not extend to sub-contractors unless the Office of Procurement requires its contractors to extend the prohibition to sub-contractors.
2022 L.M.C., ch. 11, § 2, states: Sec. 2. Transition. Section 1 of this Act must not apply to: (1) a county financed construction contract if, prior to the effective date of this Act the contract was executed; or (2) a property for which a preliminary plan, a site plan, or a sketch plan was approved by the Planning Board prior to December 31, 2022, if the property is, or becomes, a qualifying housing development under Section 52-24.
2015 L.M.C., ch. 13, § 2, states:
Transition. Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.
2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.