1.1 Authority
1.1.1 The County Executive is empowered to issue procurement regulations pursuant to Chapter 11B, Montgomery County Code.
1.1.2 These regulations may be suspended or waived by the CAO with respect to any procurement action or class of procurement actions, including cooperative purchases, upon a determination and finding setting forth the reasons why the best interests of the County would be served by the waiver. The CRC must review each proposed suspension or waiver, and forward its recommendation to the CAO, prior to the CAO suspending or waiving the regulations. The CAO must identify each suspension or waiver, in writing, and send it to the Director and the County Council within 7 days after the suspension or waiver; the Director must maintain a record of the suspension or waiver notification from the CAO. If the CAO waives the monetary threshold for a formal solicitation to permit an informal solicitation, the Director must:
1.1.2.1 give public notice of the waiver;
1.1.2.2 ensure that the County invites at least 5 potential offerors that the Director knows or reasonably believes can provide the goods, services, or construction the County seeks to submit an offer. If there are fewer than 5 potential offerors, the County must invite each potential offeror to submit an offer;
1.1.2.3 give public notice that any potential offeror may submit an offer in response to the informal solicitation. The public notice must describe how the potential offeror may submit an offer; and
1.1.2.4 give public notice of the proposed contract awardee.
1.1.3 The CAO may adjust by increasing or decreasing the monetary thresholds established in these regulations to reflect changes in the consumer price index for the Washington-Baltimore metropolitan area. The CAO must give public notice of any change in a monetary threshold. Public notice may be given through the Montgomery County Register. The Director must issue revised pages to the regulations to reflect any modifications to these thresholds. The change becomes effective when public notice is given.
1.1.4 These regulations are issued pursuant to the requirements of law under Chapter 11B of the County Code.
1.2 Applicability
1.2.1 These regulations are applicable to all County departments and agencies and other public entities subject to the purchasing laws of the County, including the County Council, the County Board of Supervisors of Elections, the State Attorney's Office, the Sheriff's Office, the County Board of License Commissioners, and the Circuit Court (not including the Office of the Clerk of the Court).
1.2.2 Where Montgomery County engages in a cooperative purchasing venture with or on behalf of another entity, these regulations may be applicable by agreement.
1.2.3 These regulations are not applicable to real property transactions, including land purchases, land dispositions, leases, licenses, easements, and rights of entry.
1.2.4 The procurement regulations in effect before the effective date of these regulations continue to govern:
1.2.4.1 the solicitation phase of a procurement if the solicitation was issued before the effective date of these regulations;
1.2.4.2 a solicitation protest or appeal if the protest was filed before the effective date of these regulations;
1.2.4.3 a contract dispute arising from an original contract awarded by the County before the effective date of these regulations.
1.3 Administration - Legal Review of Contracts
The Office of the County Attorney is responsible for the review of contract actions for legality and conformance with the Montgomery County procurement regulations to the extent that such review is deemed appropriate by the County Attorney.
1.4 Procurement Authority; Delegation of Authority
1.4.1 Authority to acquire goods, services, and construction is vested in the CAO and, by these regulations, is delegated, subject to revision by the CAO, to the Director. These contracting officers, and only these contracting officers, may delegate, or redelegate, in writing, this authority, subject to limits stated in the delegation. Contracts may be executed on behalf of the County by these contracting officers only, except as otherwise provided in these regulations.
1.4.2 No contract may be entered into unless the contracting officer ensures that all requirements of procurement laws, Executive Orders, regulations, and all other applicable procedures have been met.
1.4.3 The CAO delegates, subject to revision by the CAO, authority to the CRC to carry out all responsibilities assigned that committee pursuant to law or these regulations.
1.4.4 Unless expressly prohibited by law, any procurement authority may be delegated and subdelegated if the delegation is in writing. A delegation may be limited or made subject to conditions. Responsibility for a procurement action, however, may not be delegated.
1.5 Using Department Responsibilities
1.5.1 In general, Using Departments are responsible for compliance with applicable laws and regulations, including these regulations and obtaining any required approval.
1.5.2 The Using Department must provide information as requested by the Director or the County Attorney for appropriate investigation and remedial action.
1.6 Rules of Construction
1.6.1 Where there is a conflict between provisions of these regulations, the provisions of the more specific section control the provisions of the general section.
1.6.2 All contracts must be construed with the presumption that the contract complies fully with the provisions of these regulations and as if these regulations were incorporated into the contract.
1.6.3 Where these regulations conflict with provisions of a contract, County procurement procedures, directives, policies, or other matters pertaining to procurement, these regulations control. Otherwise, if a conflict can be resolved by interpretation, the provisions are to be interpreted in a way consistent with each other.
1.6.4 Where these regulations refer to “11B-#”, the reference is to Chapter 11B of the Montgomery County Code. References to these regulations will include decimal-style numbers and not the hyphenated 11B-style reference used in the Code.
1.7 Appendices
1.7.1 These regulations may contain appendices which contain mandatory clauses. The appendices are not part of these regulations and may be updated from time to time by the Office of the County Attorney.
1.7.2 The Director must be notified by the Office of the County Attorney of any changes to the appendices. The Director is responsible for prompt distribution of the changes to the Using Departments.
1.8 Procurement Manual
The CAO should issue a Procurement Manual to provide internal procedures to County employees and officials to follow in making a procurement. The manual is not part of these regulations. A violation of a procedure in the manual is not a basis for an offeror or contractor to challenge a procurement action by the County.