[HISTORY: Adopted by the County Commissioners of Caroline
County 2-11-2014 by Bill
No. 2014-2.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Audits — See Ch. 7.
Commissioners — See Ch. 18.
Budget — See Ch. 50.
Comptroller and Collector of Taxes — See Ch. 62.
Transportation bonds — See Ch. App. I.
[1]
Editor's Note: This bill also repealed former Ch. 51,
Purchasing, adopted 11-16-1982, as amended.
A.
The purpose of this chapter is to ensure that the taxpayers of Caroline
County receive full return on the investment of tax dollars; that
Caroline County government operates openly, efficiently, and effectively
in public purchasing; that vendors and potential vendors are treated
fairly; and that local businesses are given the opportunity to provide
goods and services where both cost effective and in the County's
interest.
B.
The goal of the Purchasing Ordinance is to determine not simply the
best price for a good or service, but the best value. Another goal
is make the process of doing business with the County open, transparent,
and as simple as practicable. While some purchasing may be done through
a central purchasing agent or office, County department heads also
have authority to make purchases in conformance with this chapter
and the adopted budget. To the extent possible, purchasing processes
will fully utilize the County's website and other digital media.
As used in this chapter, the following terms shall be defined
as follows:
A written change to an invitation for bids.
A dollar amount to be added to or subtracted from the base
bid price. The Director of Purchasing may request alternate bid prices
in order to compare various options that may be in the County's
best interest.
A determination, after review, that a certain vendor will
be given the contract.
A price submitted by a vendor for a product, service, or
construction.
Any person who submits a quote, proposal or bid.
The County Commissioners of Caroline County, Maryland, and
all departments under their authority and, for the purposes of purchasing,
the Caroline County Health Department.
A bid submitted by a bidder on which the bidder has made
certain conditions for acceptance that are contrary to the conditions
of the IFB or that were not requested in the IFB.
A legal agreement between a vendor and the County.
Caroline County, Maryland, a body corporate and politic.
The County Commissioners of Caroline County, Maryland.
An action taken by the County to bar a vendor from doing
business with the County for a period of time.
A hearing body to which debarment decisions of the Director
of Purchasing can be appealed by the debarred vendor.
Any functional division of the Caroline County government
and the Caroline County Health Department.
The County employee who is in charge of a department.
The County Administrator or any County employee so designated
by the County Administrator.
A sudden and unexpected occurrence or condition which the
County Commissioners reasonably could not foresee, posing an actual
and immediate threat to the continuance of essential normal operation
of a County agency or the need to cope with a public exigent condition.
A sealed bid for goods, services, or construction.
Invitation for bids.
The purchase of goods or services where the total value is
less than $1,000.
A bidder whose principal place of business is located in
Caroline County, Maryland. Determination of an in-County bidder shall
be made in the sole and exclusive discretion of the Director of Purchasing.
A document or collection of documents or materials constituting
a solicitation for proposals or bids.
The bidder who has submitted the lowest price, has met all
specifications, qualifications, and requirements of an invitation
for bids, and is capable of carrying out the terms of the contract
as determined by the Director of Purchasing or his or her designee.
The purchase of goods, services or construction where the
total value is equal to or greater than $40,000.
One which is merely a matter of form and not of substance
or pertains to some immaterial or inconsequential defect or variation
of a bid or proposal from the exact requirement of the solicitation,
the correction or waiver of which would not be prejudicial to the
other bidders as determined by the Director of Purchasing.
The purchase of goods, services or construction where the
total value is less than $40,000 but equal to or greater than $1,000.
An open purchase order effective for a stated period of time
and not to exceed stated dollar limits to which miscellaneous individual
similar purchases can be charged.
A bidder whose principal place of business is not located
in Caroline County, Maryland. Determination of an out-of-County bidder
shall be made in the sole and exclusive discretion of the Director
of Purchasing.
An individual, corporation, partnership of any kind, limited
liability company, trust, unincorporated association, unincorporated
business, or any other form of business or entity of any kind, whether
or not recognized under the laws of the State of Maryland.
Services provided by physicians, auditors, attorneys, architects,
engineers, graphic designers, consultants or other individuals or
organizations possessing a high degree of technical skill.
The written submission of a firm price other than by sealed
bid.
Any individual designated a Purchasing Agent pursuant to
this chapter.
A credit card, debit card, or other similar authority enabling
a Purchasing Agent, department head, or other authorized individual
to purchase materials, supplies, or services on and for the County's
account as provided for in this chapter.
The oral submission of a price.
A solicitation for proposals.
A solicitation for qualifications.
The secret submission of a price that will be opened and
read aloud in a public meeting.
The purchase of goods, services, or construction from a single
vendor without competitive bid or quotes.
The act of seeking bids, proposals, or qualifications from
potential vendors.
Responsive bids from bidders that are identical in price,
terms and conditions and which meet all the requirements and evaluation
criteria set forth in the invitation for bids.
A supplier of goods, services or construction.
A list of qualified vendors maintained by the County.
A.
Authority.
The County Commissioners of Caroline County enact this chapter pursuant
to the laws of the State of Maryland, including, but not limited to,
§§ 1-101, 10-102, 10-312, 12-401, 12-403 of the Local
Government Article of the Annotated Code of Maryland and §§ 4-316
and 12-109 of the State Finance and Procurement Article of the Annotated
Code of Maryland and any pertinent public local law, as may be amended
from time to time.
B.
Applicability
of provisions. All departments of the Caroline County government that
receive appropriations from Caroline County funds, and the Caroline
County Health Department, when it elects to purchase through Caroline
County, and the employees of all of them, shall comply with and be
subject to the provisions of this chapter and any subsequent rules
and regulations adopted by resolution by the County Commissioners,
or with other procedures approved by the County Commissioners, for
the purchase or contract of goods, services or construction.
C.
Compliance
with state and federal regulations required. Wherever applicable,
all requirements set forth in state and federal grant, loan, and assistance
programs and contracts shall be satisfied. The requirement that provides
the greater restriction or highest standards shall prevail.
D.
Appropriation
and certification of funds. The County Commissioners, through the
County's annual budget process, appropriate funds for all purchases
except for the purchases of the Caroline County Health Department.
The Director of Purchasing, or the appropriate department head, as
the case may be, will certify that funds have been appropriated before
purchases are authorized. The Director of Purchasing shall, however,
have no responsibility to certify that funds have been appropriated
for the purchases of the Caroline County Health Department.
A.
Director
of Purchasing. The County Administrator or any employee designated
in writing by the County Administrator shall serve as the Director
of Purchasing.
B.
Powers
and duties. The Director of Purchasing and/or his or her designee
shall have the following powers and duties:
(1)
Implement the provisions of this chapter and any subsequent regulations
for the purpose of purchasing or contracting for goods, services or
construction.
(2)
Ensure that products or services are provided according to the contract
terms.
(3)
Supervise bid processes.
(4)
Maintain inventory control of County property and assets.
(5)
Prescribe and maintain such forms as are reasonably necessary to
the operation of this chapter.
(6)
Prepare and maintain a vendors list.
(7)
Declare a vendor or person who defaults on his/her quotations, contracts,
or obligations, or who otherwise has a record of poor or untimely
performance, as a "not responsible bidder" and disqualify or debar
such vendors or persons from receiving any business from the County
for up to five years.
(8)
Determine if prequalification of bidders is appropriate and set forth
the criteria for prequalification.
(9)
Determine if a bidder qualifies as in-County or out-of-County.
(10)
Give periodic post-purchase public notice of major purchases.
(11)
Prepare specifications for goods, services and construction.
(12)
Schedule and hold prebid conferences.
(13)
Prepare and distribute addendums to IFBs.
(14)
Ensure that all necessary documentation is maintained.
(15)
Ensure that expenditures funded by grants comply with the terms and
provisions of grant agreements.
(16)
Prepare and maintain a purchasing manual.
(17)
Provide training and guidance to County departments on purchasing.
C.
Delegation. The Director of Purchasing may delegate part or all of
his or her powers and duties to designated Purchasing Agents or other
County employees pursuant to this chapter.
A.
County
Commissioners. The County Commissioners shall approve all major purchases
but may delegate authority to the Director of Purchasing to make a
specific major purchase or to have increased purchasing authority
within the scope of a specific project, such as construction.
B.
Director
of Purchasing or designee. The Director of Purchasing or his or her
designee may authorize all minor purchases. Delegation of purchasing
approval by the Director of Purchasing shall not relieve him or her
of responsibility therefor.
C.
County
department heads.
(1)
County department heads shall have the purchasing authority as defined
below:
(a)
Director, Office of Finance: $40,000.
(b)
Director, Department of Corrections (Warden): $20,000.
(c)
Director, Department of Emergency Services: $20,000.
(d)
Director, Department of Public Works: $20,000.
(e)
Director, Office of Information Technology: $10,000.
(f)
Director, Department of Recreation and Parks: $10,000.
(g)
Director, Department of Planning and Codes: $10,000.
(h)
Director, Office of Human Resources: $10,000.
(i)
Director, Office of Tax (Comptroller): $10,000.
(j)
County Attorney, Office of Law: $10,000.
(k)
Chief of Staff, Commissioners' Office: $10,000.
(2)
A department head may delegate purchasing authority in an amount
of up to 50% of the department head's authority to any employee
within his or her department. Delegation of purchasing approval by
the department head shall not relieve him or her of responsibility
therefor. If any purchasing authority is delegated, the department
head shall provide the Director of Purchasing with a list of the personnel
with the authority to make purchases and the amount delegated.
(3)
The Director of Purchasing or his or her designee may temporarily
reduce or suspend the purchasing authority for any County department
head for cause as determined in the sole and exclusive discretion
of the Director of Purchasing.
D.
Caroline
County Health Department. The Caroline County Health Department will
follow its customary authorization procedures governing when Health
Officer approval is required for the commitment of funds. The Department
shall not be bound by County authorization limitations.
E.
Allied
agencies. As required by state law, the Caroline County Sheriff's
Office, the Caroline County State Attorney's Office, the Caroline
County Circuit Court, and the Caroline County Board of Elections may
enter into written agreements with the County Commissioners authorizing
purchasing under this chapter. Allied agencies are not County employees
or co-employees and nothing in this subsection may be used to construe
such a relationship.
F.
Determination
of value. In determining purchasing authority, the value of any goods,
services, and/or construction shall be the cumulative value over the
term of any contract under which the goods, services, and/or construction
is delivered.
A.
Required.
A contract is required for major purchases or minor purchases of services.
B.
Authority.
The Director of Purchasing, his or her designee and all department
heads shall have the authority to enter into contracts on behalf of
the County within their purchasing authority; however, all such contracts
shall be approved for form and legal sufficiency by the County Attorney.
The President of the Board shall sign all contracts for major purchases;
however, the Director of Purchasing may sign such contracts where
the purchase has been expressly approved by majority vote of the County
Commissioners.
C.
Documentation.
Copies of all contracts, attachments, addenda, and other legal documents
shall be kept in the Office of Law and in the Office of Finance.
The following procedures shall be used for routine purchasing
or lease-purchase of goods, services, and construction.
A.
Incidental
purchases. While seeking three or more verbal or written bids is recommended,
it is not required.
B.
Minor
purchases up to $5,000. Three or more verbal bids are required. Verbal
bids must be documented and are subject to internal audit.
C.
Minor
purchase between $5,001 and $20,000. Three or more written bids are
required.
D.
Minor
purchases between $20,001 and $40,000. Three or more written proposals
are required where such proposals shall be sent to the Director of
Purchasing, the Director of Finance or a designee.
E.
Major
purchases. Three or more sealed bids are required.
The following procedures may be used for purchasing of goods,
services, and construction under the specific circumstances described
therein:
A.
Cooperative (piggyback) purchases. As a matter of policy, the County
strongly supports cooperative purchasing. This includes the authority
to purchase goods, services and construction and the ability to enter
into contracts based on existing purchasing, procurement, or contracts
of other units of government, including but not limited to the federal
government, the State of Maryland, other Maryland counties and municipalities,
neighboring local or state governments whether or not such contracts
have specifically provided for such cooperative purchasing. Cooperative
purchasing or contracts may be done when determined by the Director
of Purchasing or his or her designee to be in the County's interest.
B.
Emergency purchases. In the event of an emergency, the President
of the Board of County Commissioners shall have the power to suspend
requirements of this chapter for such purchases and contracts to secure
such goods or services as deemed immediately necessary to protect
public health, safety, and welfare. After any instance where the requirements
of this chapter are suspended in the event of an emergency, the President
and Director of Purchasing shall make a full report to the Board regarding
any and all such expenditures at the next scheduled Commissioners'
meeting.
C.
Sole source. Sole source purchasing may be authorized when 1) only
one specific good or service will produce the desired result or is
the most appropriate for a given situation; 2) the good or services
is only available from one source; and 3) the use of such sole source
is economically feasible and operationally in the County's best
interest. A request for sole source purchase shall be submitted to
the Director of Purchasing and shall include a comprehensive justification.
When a sole source purchase is approved, only the President of the
Board of Commissioners, the Director of Purchasing, or the Director's
designee shall be authorized to sign the contract and/or purchase
order.
D.
Professional services. Contracts involving professional services,
such as accounting, architecture, auditing, engineering, law, planning
and surveying may be negotiated by the Director of Purchasing or a
designee rather than competitively bid, with the approval of the County
Commissioners.
E.
Service, repair, and maintenance contracts. The nature of service
and repair contracts may make it impractical to solicit prices by
invitation for bids. Therefore, the Director of Purchasing or his
or her designee may request proposals rather than engage in a formal
bid process. The Director of Purchasing may consider ongoing vendor
relationships in the selection process, as well as other appropriate
criteria to justify the final selection.
F.
Services price fixed by law. Services for which the rate or price
is fixed by a public authority authorized by law to fix rates or prices
may be purchased without competitive bidding.
G.
Lease or purchase of real estate. Because of the nature of limited
availability of real property and the specific needs of the County,
leases for real property may be made through direct negotiation by
the Director of Purchasing and are not otherwise subject to the provisions
of this chapter. Leases and fee simple purchases for real property
shall be approved by the County Commissioners.
A.
Competitive bids. The preferred method for the County to procure
goods, services, and construction is through competitive bid processes.
The requirements for informal and formal solicitations shall be defined
in the County's purchasing manual. This includes but is not limited
to bid bonds, performance bonds, modification of bids, withdrawal
of bids, late bids, mistakes in bids, tie bids, single bids, alternate
and conditional bids, bid evaluations, bid awards, rejections of bids,
and bid protests.
B.
Template documents. The Director of Purchasing shall provide template
documents for Requests for Proposals (RFPs), Requests for Qualifications
(RFQs), general conditions, and standard legal agreements including
a short-form contract, long-form contract, and professional services
agreement. All template documents shall be reviewed and approved by
the County Attorney for legal sufficiency.
The County Commissioners reserve the right to show preference
to local bidders in the purchase, lease, or lease-purchase of goods,
services, and construction. The amount of preference shall not exceed
5% in purchases up to or equaling $100,000 and 2.5% in purchases greater
than $100,000. Any in-County bidder in default on payment of any County
or state tax shall not be eligible to receive preference until all
taxes due are paid.
A.
Except as otherwise provided in this chapter, it shall be unlawful
for any County official or employee to purchase, contract for, or
order goods, services or construction for which funds have not been
appropriated by the County Commissioners in the County's budget.
C.
Anything in this chapter to the contrary notwithstanding, no contract
for goods or services shall be entered into by or on behalf of the
County, the payment obligations of which contract extend beyond the
fiscal year in which the contract is executed, unless the contract
contains an appropriations clause allowing the County to terminate
the contract if sufficient funds for that contract are not legally
appropriated by the County, or unless the contract is specifically
approved by the County Commissioners.
Mistakes made by County officials or employees during the purchasing
process which do not substantially affect the purchase, but which
are contrary to the provisions of this chapter may be waived by the
County Commissioners or the Director of Purchasing at their discretion.
Mistakes shall not include unauthorized purchases.
A.
Purchase cards. Purchase cards are used to promote efficiency and
to reduce paperwork related to incidental and minor purchases. Purchase
cards may be issued to authorized employees and may only be used for
official County business and in compliance with this chapter to make
incidental and minor purchases. The Director of Purchasing or his
or her designee shall establish a spending limit for every purchase
card. The Director of Purchasing or his or her designee shall have
the authority to review, audit, reduce or increase the spending limit,
revoke, or cancel any County purchase card without notice. Purchase
card users are required to submit all substantiating purchasing documentation,
including but not limited to, bid quotes to the Office of Finance.
B.
Purchase orders. Purchase orders are used to authorize the expenditure
of County funds to purchase goods, services, and construction. The
Director of Purchasing and his or her designee shall have the authority
to sign purchase orders. Department heads shall have the authority
to sign purchase orders for purchases in conformance with the adopted
budget and this chapter for up to the amount of their purchasing authority.
C.
Open purchase orders. An open purchase order may be authorized to
facilitate the repeat purchase of goods, services, or construction
over the course of a fiscal year. An open purchase order shall have
a not-to-exceed limit in conformance with the adopted budget.
D.
Recurring expenses. A purchase order is not necessary for the payment
of a recurring expense such as a utility bill; however, a file shall
be created and maintained for every recurring expense where such file
shall include the legal authorization for the expenses and other such
documents as required by the Director of Purchasing.
No contract or purchase shall be subdivided to avoid the requirements
of this chapter.
The Director of Purchasing or his or her designee shall ensure
proper inspection and review of all goods, services, and construction,
and shall determine conformance with specifications or requirements
set forth in bid documents, purchase orders, and/or contracts. The
Director of Purchasing, department heads, Purchasing Agents, or individuals
to whom such duties may be delegated shall indicate the receipt and
acceptance of goods, services, or construction by completion of a
receiving form as provided by the Office of Finance.
The Director of Purchasing, Purchasing Agents, department heads, and every official and employee of the County are expressly prohibited from accepting, directly or indirectly, from any person to which any purchase order or contract is or might be awarded any rebate, gift, money or anything of value whatsoever, except where given for the use or benefit of the County, or except as otherwise allowed under the County's Code of Ethics as embodied in Chapter 33 of this Code.
Unless otherwise directed by the Director of Purchasing, all
material relevant to purchases made pursuant to this chapter shall
be maintained by the department at whose direction or upon whose behalf
a contract for goods or services is made. Notwithstanding the foregoing,
all documentation required to be submitted to the Director of Purchasing
or to the Director of Finance shall be so submitted with originals
or copies, as the case may be, to be retained by such department,
including, but not limited to, titles, registrations, warranties,
and instructional and operating manuals. Wherever possible, such materials
shall be referenced to the applicable item or service and the contract
relating thereto.
The Director of Purchasing is authorized to prepare a purchasing
manual and additional regulations as necessary where such manual and
additional regulations may be adopted by the County Commissioners
by resolution.
A.
Introduction. Any County employee may propose that a vendor be debarred
from doing business with the County based upon the poor quality of
goods or services provided, the timeliness of providing such goods
or services, the breach of any warranty or contract term or condition
relating to the supplying of such goods or services, or any other
matter or reason deemed sufficient by the employee to warrant such
action.
B.
Process.
(1)
The employee shall refer such proposal to debar to the employee's
department head, who shall review the allegation, claims, circumstances,
and documentation prepared or provided by the employee and determine
whether or not to forward such proposal to the Director of Purchasing.
(2)
If the department head shall determine that the proposal should be
considered further, the department head shall forward the proposal
and all pertinent documentation to the Director of Purchasing, who
shall review the material.
(3)
If the Director of Purchasing shall determine that the matter should
be further pursued, the Director of Purchasing shall notify the vendor
by first class mail, postage prepaid, that there has been a proposal
to debar the vendor from doing business with the County, and provide
the vendor an opportunity to be heard (a hearing) by the Director
of Purchasing and to address the facts and circumstances regarding
the matter.
(4)
Any hearing held pursuant hereto shall be informal, shall not be
subject to formal rules of evidence or procedure, and shall provide
the vendor an opportunity to review any written material regarding
the matter. The vendor shall not have the right to call witnesses
or cross-examine any County employee. A vendor may submit a written
statement, summary, or other document in support of the vendor's
position in the matter.
(5)
The Director of Purchasing shall determine the weight and credibility
to be given any documentation, evidence, and testimony submitted in
the matter.
(6)
The Director of Purchasing shall render a decision promptly and,
unless delayed for good cause, within 30 days after the hearing. The
failure of a vendor to appear at the hearing shall not prohibit the
Director of Purchasing from issuing a decision in the matter.
(7)
A vendor may be debarred for a period not to exceed five years from
the date the Director of Purchasing renders a decision.
(8)
A vendor may have the right to appeal a debarment decision of the Director of Purchasing to the Debarment Panel. The composition of the Panel, the procedures for the conduct of the appeal hearing, and the standards for the Panel's decision shall be set forth in the purchasing manual required by § 51-18 of this chapter.
Whenever in the Code of Public Local Laws of Caroline County,
or in any rule or regulation promulgated thereunder or pursuant thereto,
reference is made to the "Purchasing Officer," such reference shall
be deemed to be to the "Director of Purchasing" as if the same had
been originally placed or substituted therefore in such provision.
