15.1 Purpose
The CRC is established for the purpose of reviewing and evaluating certain procurement actions, recommendating resolution of solicitation protest appeals, advising the CAO and Director on matters pertaining to procurement in Montgomery County, and performing such other responsibilities as provided in these regulations or assigned by the CAO.
15.2 Composition
15.2.1 Voting Members. The CRC is composed of the following voting members
15.2.1.1 The Chair or an alternate designated by the CAO.
15.2.1.2 The Director or the Director’s designee.
15.2.1.3 The Director of the Office of Management and Budget or that Director’s designee.
15.2.1.4 The Director of the Staff of the County Council or that Director’s designee, when a County Council procurement action is considered.
15.2.1.5 If the CRC is deciding a solicitation protest appeal, the CAO must designate an impartial County employee as a member in place of the Director. In all other cases the County Attorney or designee becomes a voting member in the case of a disqualification or absence of a voting member.
15.2.2 Advisory Members (non-voting)
15.2.2.1 The County Attorney or designee is a non-voting member.
15.2.2.2 The CAO may designate a Using Department representative as a non-voting member.
15.3 Authority
15.3.1 The CRC derives its authority from these regulations and the CAO.
15.3.2 The CRC may request any information from Using Departments that it deems necessary in connection with the exercise of its authority and responsibilities. The Director, acting on behalf of the CRC, may request Using Departments to furnish certain documentation or take certain actions either for submittal to the CRC for review or in order to implement CRC decisions. Using Departments should respond to requests as expeditiously as possible.
15.3.3 The Director must prepare the agenda of the CRC, subject to the direction of the Chair, and may issue guidelines to the Using Departments with respect to required submissions, time deadlines and other matters pertaining to the orderly conduct of the agenda for the CRC. This may include coordinating Using Department representatives’ attendance at CRC meetings.
15.3.4 The CRC may condition its approval of procurement actions. The conditions must be satisfied before the procurement may be consummated.
15.3.5 The CRC may hold hearings, call witnesses, receive documentation and correspondence and conduct investigations.
15.4 Minutes and Records
15.4.1 The Director is responsible for preparing meeting minutes in accordance with the requirements of the State Open Meetings Act.
15.4.2 The minutes reflect voting and actions on each agenda item.
15.4.3 The Chair must maintain CRC solicitation protest appeal records until the dispute is finally resolved. The Director maintains all other records. After the solicitation protest appeal is finally resolved, the Chair must transmit the record to the Director.
15.5 Duties and Responsibilities
15.5.1 The CRC has the following responsibilities.
15.5.1.1 Approving sole source procurements valued above the threshold for an IFB or RFP. This provision does not apply to software maintenance or support approved by the Director in accordance with Section 4.1.12.2(b) as a non-competitive procurement.
15.5.1.2 Approving all change orders or amendments to a contract valued above the threshold for an IFB or RFP, unless the Director determines that the change in compensation results from a mechanical application of an established cost indexing provision or other contract option which pre-determines price.
15.5.1.3 Approving a contract extension beyond the original term, except:
(a) An extension authorized in the original contract, or
(b) A single extension of the original term by 12 months or less.
15.5.1.4 Considering procurement matters referred to the CRC by the CAO, the County Attorney, the Director or a Using Department Head.
15.5.1.5 Recommending resolution of solicitation protest appeals.
15.5.1.6 Considering other procurement matters as provided in these regulations.
15.5.2 The CRC may undertake special investigations or studies and render reports as directed by the CAO.
15.5.3 The CRC may coordinate its review of proposed procurement actions with the budgets, programs, and procurement actions of the Using Departments.