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The County may contract with any incorporated town or taxing area in the County to provide to the municipality or taxing area goods, services, or construction of the type the County government performs for the County. The contract must specify the particular goods, services, or construction to be provided by the County and the fee to be charged. The fee must not be less than the cost incurred by the County, including a reasonable allowance for overhead costs. Any municipality or taxing area which receives and pays for work is not liable in damages to any person solely on the claim that the work was performed in a negligent or faulty manner and that damages or injury resulted. The County Attorney must, without charge, represent and defend in court, if necessary, any municipality or taxing area in any suit, claim, or demand made against it as a result of work provided under this Section. (1994 L.M.C., ch. 30, § 1.)
(a) If goods are needed to perform a contract with the County, a non-profit organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code but which is not a public entity may:
(1) subject to subsection (d), buy the goods under an existing County requirements contract;
(2) engage in cooperative procurement for the goods with the County under Section 11B-40; or
(3) buy the goods from the County if all items are in stock and not otherwise needed.
(b) Any purchase under subsection (a) is subject to review and approval by the Chief Administrative Officer or designee. A reasonable service fee may be assessed by the County.
(c) As part of the report required under Section 11B-32, the Director must provide information on use of this subsection by non-profit organizations in aggregate dollar amount, types of purchases made, significant purchasers under this subsection (as determined by the Director based on dollar amount), any identified additional cost or cost savings to the County, and any other relevant information.
(d) For purposes of paragraph (a)(1), the authority to purchase goods under a County requirements contract executed before January 1, 1993, may be exercised only if the requirements contract or an amendment to it allows the qualifying non-profit organization to purchase the goods. For requirements contracts executed after January 1, 1993, a qualifying non-profit organization may purchase goods under the contract unless the requirements contract expressly provides otherwise. (1994 L.M.C., ch. 30, § 1; 2010 L.M.C., ch. 49, § 1.)
(a) Notification to the County Attorney. When for any reason collusion is suspected among any bidders or offerors, a written notice of such suspicion must be transmitted by the Director to the County Attorney.
(b) Retention of all documents. All documents involved in any procurement in which collusion is suspected must be retained until the County Attorney gives notice that they may be destroyed. All retained documents must be made available to the County Attorney or designee upon request. (1994 L.M.C., ch. 30, § 1.)
Editor’s note—See County Attorney Opinion dated 6/14/05 discussing the effect of potential collusion among bidders for rental car contracts.
(a) Gifts. A bidder, offeror, or contractor must not make or offer to make a gift to a public employee which the public employee is prohibited from accepting under Chapter 19A.
(b) Kickbacks.
(1) In this Chapter, a kickback means any money, fee, commission, credit, gift, or compensation of any kind which is provided directly or indirectly to a prime contractor, a prime contractor employee, a subcontractor, a subcontractor employee, a public employee, or other person for the purpose of obtaining or rewarding favorable treatment in the award of a prime contract or a subcontract in connection with a contract awarded by the County.
(2) A person must not:
(A) provide, attempt to provide, or offer to provide a kickback;
(B) solicit, accept, or attempt to accept a kickback;
(C) include, directly or indirectly, the amount of a kickback in the price charged by the subcontractor to the contractor, or by the prime contractor in the price charged by the prime contractor, to the County; or
(D) claim that the unlawfully induced contract or subcontract fulfills any legal, regulatory, or contractual requirement.
(3) The Director may offset the amount of a kickback from any sum owed to the prime contractor by the County. (1994 L.M.C., ch. 30, § 1.)
(a) Unless authorized by law or the Ethics Commission under Chapter 19A, a person while engaged in a procurement matter with the County must not employ or offer to employ a public employee if the duties of the public employee include significant participation in the procurement matter. Public employee, employ, and significant participation, as used in this section, are defined in Chapter 19A.
(b) A contractor providing an analysis or recommendation to the County concerning a particular matter must not, without first obtaining the written consent of the Chief Administrative Officer:
(1) assist:
(A) another party in the matter; or
(B) another person if the person has a direct and substantial interest in the matter; or
(2) seek or obtain an economic benefit from the matter in addition to payment to the contractor by the County.
(c) A contractor must not use confidential information obtained in relation to performing a contract except as expressly authorized in the contract or by the Chief Administrative Officer.
(d) If, the Chief Administrative Officer, after finding that the action would not impair the public interest, consents to any action under subsections (b) or (c), the Chief Administrative Officer must promptly notify the Ethics Commission. (1994 L.M.C., ch. 30, § 1; 1997 L.M.C., ch. 37, § 1.)
Editor’s note—See County Attorney Opinion dated 7/16/08 regarding nonprofit entity participation in aspects of the solicitation process. See County Attorney Opinion dated 3/28/06 regarding whether steering committee members affiliated with a non-profit may receive and respond to a solicitation issued by the County and the implications under the Ethics law if the member is considered a public employee. 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 contractor’s to extend the prohibition to sub-contractors.
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