Sec. 11B-40. Cooperative procurement.

   The County may either participate in, sponsor, conduct, administer, or enter into a cooperative purchasing contract for the procurement of any goods, services, or construction, or the cooperative use of goods, services, or construction with a public entity. The cooperative procurement may include joint contracts or multi-party contracts. If the facilities and services of the Procurement Office are made available to another public entity, the Director may require the public entity to pay a fee for the services provided by the Procurement Office. (1994 L.M.C., ch. 30, § 1.)

Sec. 11B-41. Public entity contracts.

   The County may without competition enter into a contract for the procurement of, use of, or sale of goods, services, or construction, with a public entity when it is in the best interest of the County. (1994 L.M.C., ch. 30, § 1.)

Sec. 11B-42. Bridge contracts.

   The County may without competition enter into a contract with a person if:

   (a)   the Director determines that:

      (1)   the person has an existing contract with another public entity for the goods, services, or construction which the County would like to procure;

      (2)   a bridge contract is in the best interest of the County; and

      (3)   the contract between the person and the other public entity was awarded as the result of adequate competition; and

   (b)   the person agrees to provide the County:

      (1)   materially the same specifications being provided the other public entity; and

      (2)   the same prices being charged the other public entity. (1994 L.M.C., ch. 30, § 1.)

   Editor’s note—See County Attorney Opinion dated 3/22/04 indicating that a bridge contract under County law requires adequate competition and that a contract resulting from a federal GSA schedule usually does not satisfy the requirements.

Article IX. Management and Disposal of Goods.

Sec. 11B-43. Definitions.

   In this Article, unless the context indicates otherwise, the following terms have the following meanings:

   (a)   Goods means goods owned by the County.

   (b)   Surplus Goods means goods no longer of use to the County. (1994 L.M.C., ch. 30, § 1.)

Sec. 11B-44. Management and disposal of goods.

   (a)   The Director must ensure the management of goods during their entire life cycle.

   (b)   Except as provided in subsection (f), the Director must dispose of surplus goods. In disposing the surplus goods, the Director may sell the goods by any competitive method which the Director determines is likely to bring the highest return to the County. These methods may include sealed bids, public auction, or trade in or exchange of goods. The Director may sell surplus goods by private sale if the Director determines that open competition is not likely to bring the highest return to the County.

   (c)   After public notice, the Chief Administrative Officer may give, loan, or sell below fair market value, surplus goods to another public entity if the Chief Administrative Officer determines the disposition would benefit the residents of Montgomery County. Public notice may be given through the Montgomery County Register.

   (d)   If surplus goods have no resale or scrap value, the Director may dispose of the goods in any responsible manner.

   (e)   Notwithstanding any other provision of County law, any gun that is surplus must be destroyed.

   (f)   During a period when the County is under a state of emergency order issued by the Federal, State, or County governments, the Director of the Office of Emergency Management and Homeland Security or the Director’s designee may dispose of goods donated to the County for use in the emergency without using a competitive method if:

      (1)   the Director determines that the goods would be useful to others during the emergency; and

      (2)   the goods are disposed of consistent with emergency procedures and prioritization guidelines established either by the public official declaring the state of emergency or by the Executive. (1994 L.M.C., ch. 30, § 1; 2020 L.M.C., ch. 15, §1.)

   Editor’s note—2020 L.M.C., ch. 15, §2. Expedited Effective Date. The Council declares that this legislation is necessary for the immediate protection of the public interest. This Act takes effect on the date on which it becomes law and applies to any goods received by the County on or after March 5, 2020.

Article X. Real Property; Disposition, Purchase, and Lease.