5.1 General
Using Departments are responsible for assuring that procurement actions are consistent with the policies of the County. These policies include Public Ethics (see Chapter 19A, Montgomery County Code and Ethics, 11B.00.01.16 in these regulations) and MFD Contracting (see 11B.00.01.07 of these regulations).
5.2 Specifications
Using Departments must write specifications in such a manner as to encourage competition and to avoid limitation of competition, balanced with the need to serve the public interest. Particular attention should be given by the Using Department to avoid the creation of artificial barriers to participation of MFD firms in the procurement process.
5.3 Payment Provisions
Payment provisions should provide for objective criteria or "benchmarks" for payment against certain performance events (e.g., payment after delivery and submittal of invoice; 25% payment after completion of foundation work, etc.) Partial payments may not exceed the reasonable value of the performance which entitles the contractor to that partial payment, unless an advance payment is approved.
5.4 Fiscal Responsibilities
5.4.1 The Using Department is responsible for ensuring that there is a sufficient expenditure authority to cover the entire contract amount, or in the case of a multi-year or term contract, the amount of the first period of a multi-term contract, and each subsequent period of the contract as it occurs.
5.4.2 The Using Department is responsible for providing documents sufficient to enable the Director of Finance to certify to the Director that there is an unencumbered balance in the appropriation sufficient to defray the amount of the contract at the time of execution, and in the case of a multi-year or term contract, the amount of the first period and each subsequent period of the contract as it occurs.
5.4.3 The Using Department is responsible for all payment authorizations and coordinations required to obtain prompt payment for the contractor as required by the contract. In connection with these payment certifications, the Using Department is responsible for ascertaining and certifying that the contractor has performed in accordance with the contract requirements and has earned all contract payments certified to the Department of Finance. The Using Department is also responsible for inspection of goods and acceptance of goods or services prior to certification of payment to the Division of Accounts. The Using Department may not certify for payment invoices containing more hours than actually worked, payment provisions different than that contained in the contract, or charges against a contract different from that under which performance was rendered.
5.4.4 In contracts providing for release or reduction of retention, the Using Department may not process a certification for payment of the retention unless all conditions for payment are satisfied and the Director has approved the payment, in writing.