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(a) This Article applies to a service contract that the Director finds will, if awarded:
(1) exceed an estimated annualized cost of $75,000; and
(2) adversely affect a public employee, as defined in Section 11B-71(b), by reducing or eliminating work already performed by County employees when the contract is solicited.
The Director must adjust the amount in paragraph (1) every 2 years to reflect the aggregate increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the previous 2 years. The Director must calculate the adjustment to the nearest multiple of $100.
(b) This Article does not apply to:
(1) a contract that is primarily to obtain goods or construction, but includes services related to the procurement of the goods or construction;
(2) a contract that the Director finds is necessary to meet an imminent threat to public health, welfare, or safety;
(3) a contract for services provided by a public entity;
(4) a contract for services provided by a local small business under the Local Small Business Reserve Program; or
(5) a non-competitive contract awarded by the Chief Administrative Officer under Section 11B-14(a)(4).
(c) This Article does not apply to or limit the authority of a Department or Office Director to abolish a bargaining unit position or conduct a reduction-in-force.
(d) This Article does not apply to or limit any contract for:
(1) any service that the County Council authorizes or requires to be provided by an independent contractor;
(2) any service by a consultant; or
Editor’s note—2015 L.M.C., ch. 36, § 2 states: Applicability of Chapter 11B, Article XVI (“Service Contracts”). Any service contract, grant, or other agreement between the County and another person that encompasses any function that was performed by the Department of Economic Development is exempt from Chapter 11B, Article XVI (“Service Contracts”) under Section 11B-72(d)(1).
2015 L.M.C., ch. 36, § 8 states: Amendments to Section 1A-203, Chapter 2B, Chapter 40, and Chapter 30B made under Section 1 of this Act take effect as provided in Charter Section 112. Section 5 of this Act takes effect when the Montgomery County Economic Development Corporation is designated under Section 30B-2. All other provisions of this Act take effect 180 days after the Montgomery County Economic Development Corporation is designated under Section 30B-2.