The purpose of this chapter is to:
A. Provide for fair and equitable treatment of all persons involved
in public purchasing by the Town;
B. Ensure the maximum purchasing value of public funds in procurement;
C. Provide safeguards for maintaining a procurement and disposition
system of quality and integrity; and
D. Provide for rules and regulations regarding the use of competitive
bidding and contracts for all Town purchases and contracts in conformance
with the Town Charter.
The following words, terms and phrases, when used in this chapter
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
BID
An offer, in writing, to furnish goods or services in conformity
with the specifications, delivery terms and conditions or other requirements
included in the invitation for bids or an offer to purchase property
declared to be surplus property by the Commissioners.
COMPETITIVE SEALED BID or SEALED BIDDING
A method of procurement in which a supply, service, or construction
item is defined in a list of specifications; the specifications are
included in an invitation for bids; the bids are received by a specified
time in sealed envelopes; an award is made to the lowest responsible
bidder meeting all specifications, and cost is objectively measurable
as defined in the specifications.
COMPETITIVE SEALED PROPOSAL or REQUEST FOR PROPOSALS
A method of procurement in which a supply, service, or construction
item is defined in a list of specifications; proposals are received
by a specified time in sealed envelopes; and an award is made to the
proposer most closely meeting specifications as determined by an evaluation
that uses a predetermined and published set of evaluation criteria.
Cost is one criterion among others, all of which may be assigned specific
weights.
CONSTRUCTION
The erection; alteration or repair of any Town structure
or building; or other public improvements of any kind. "Construction"
does not include the routine operation, repair or maintenance of existing
facilities.
CONTRACT
Any type of Town agreement, regardless of how it may be titled,
for the procurement or disposition of goods, services or construction.
CONTRACTOR
Any person having a contract with the Town.
INVITATION FOR BIDS
All documents, whether attached or incorporated by reference,
used for soliciting competitive sealed bids.
PROFESSIONAL SERVICES
Those services provided by persons whose services are customarily
negotiated because of the individuality of those services, because
of the extensive level of training, education and skill involved,
and because they do not lend themselves to a fixed price bid.
PROPOSAL
An offer to supply goods or perform services, or to purchase
goods from the Town in response to a request for proposals.
PUBLIC NOTICE
As used herein means timely publication in the Town's
website, in a newspaper of general circulation or in another appropriate
publication as determined by the Commission.
REQUEST FOR PROPOSALS
All documents, whether attached or incorporated by reference,
used for soliciting proposals.
RESPONSIBLE BIDDER or OFFEROR
A person who has the capability and reliability in all respects
to perform fully the contract requirements. Any person or entity who
is not in good standing with the state or who is in default on the
payment of taxes, licenses or other monies due the Town, county or
state shall not be deemed responsible.
RESPONSIVE BIDDER
A person who has submitted a bid, which conforms in all material
respects to the invitation for bids.
SPECIFICATION
Any description of the design or functional characteristics,
or of the nature of a supply, service, or construction item. It may
include a description of any requirement for inspecting, testing,
or preparing a supply, service or construction item for delivery.
TOWN
The inhabitants of the Town of Cottage City, Maryland that
are collectively considered a body corporate and a municipal corporation
empowered to enact certain ordinances through its legislative body
pursuant to Article XIE of the Constitution of Maryland, the Town
Charter, and the Local Government Article of the Annotated Code of
Maryland.