This chapter shall be known and may be cited
as the "Procurement Law for the County."
This chapter shall apply to all agencies of
the county and may apply to other agencies that receive or disburse
county funds to the extent requested by those agencies and as permitted
by law.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
AGENCIES
All offices, departments, institutions, boards, commissions
and all other organizational elements of the county, including the
Sheriff's Office, State's Attorney's Office, County Liquor Control
Board, Board of Supervisors of Elections, County Health Department
and Circuit Court, but not the Office of the Clerk of the Court.
[Amended by Bill Nos. 93-13; 95-82]
AWARDING AUTHORITY
That person or group of persons who has or have the authority
to award contracts on behalf of the county.
BID DEPOSIT OR BID BOND
A bid guaranty or security accompanying a bid as assurance
that the bidder will not withdraw his bid within the period specified
therein for acceptance and will execute a written contract and furnish
such bonds as may be required.
BIDDERS' LIST
A current file maintained in the Department of Procurement
of sources of supply for each category of goods or services the county
may expect to purchase.
BOARD OF ESTIMATES
The Board of Estimates is composed of the County Executive
or his designee, the President of the County Council or another Councilman
as his designee, one (1) citizen of the county appointed by the County
Executive, one (1) citizen of the county appointed by the County Council,
the Director of the Department of Procurement, the Director of the
Department of Public Works and the Treasurer of the county. The County
Executive shall be the Chairman of the Board, and the Director of
the Department of Procurement shall act as the Secretary.
CAPITAL IMPROVEMENT PROJECT
Any public improvement undertaken by the county, including
the construction or reconstruction, in whole or in part, of any road,
bridge, street, building, water or sewer facilities or any other similar
physical structure or facility necessary in carrying out the activities
of the county government.
CONSULTANT OR OTHER PROFESSIONAL SERVICES
The services of architects, engineers, consultants or other
firms or persons possessing a high degree of technical skill. The
term shall not include physicians' services and the services of special
legal counsel procured pursuant to Section 403(c) of the Charter.
CONTRACTUAL SERVICES
All telephone, gas, water, electric light and power service;
towel and cleaning service; insurance; leases for all grounds, buildings,
offices or other space required by the using agencies; and the rental,
repair or maintenance of equipment, machinery and other county-owned
personal property. Except as otherwise provided for in this chapter,
the term shall include all contracts for capital improvement projects.
The term shall not include professional and other contractual services
which are in their nature unique and not governed by this chapter
or the Charter.
COOPERATIVE PURCHASING
Procurement conducted by, or on behalf of two or more units
of government.
[Added by Bill No. 10-16]
DIRECTOR
The Director of the Department of Procurement.
EQUIPMENT
Personal property of a durable nature that retains its identity
throughout its useful life, but does not include commodities, motor
vehicles or information technology equipment (hardware or software).
[Added by Bill No. 10-16]
LOCAL BIDDER
A bidder whose principal place of business is physically
located in the county.
PAYMENT BOND
A bond which is executed in connection with a contract and
which secures the payment of all persons supplying labor and material
in the prosecution of the work provided for in the contract.
PERFORMANCE BOND
A bond which is executed in connection with a contract and
which secures the performance and fulfillment of all the undertakings,
covenants, terms, conditions and agreements contained in the contract.
PREFERENCE
Includes a percentage preference, an employee residency requirement,
and any other provision that favors a resident over a nonresident.
[Added by Bill No. 92-13]
PREQUALIFIED BIDDER
A bidder who has submitted a fully completed contractor's
qualification questionnaire and who has been approved by the Director.
RESPONSIBLE
A person who has the capability in all respects to perform
fully the contract requirements, and the integrity and reliability
that shall assure good faith performance.
[Added by Bill No. 94-83]
SUPPLIES
All supplies, materials and equipment.
TROPICAL HARDWOOD
Means:
Scientific Name
|
Common Name
|
---|
Vouacapoua Americana
|
Acapu
|
Pericopsis elata
|
Afrormosia
|
Shorea almon
|
Almon
|
Peltogyne spp.
|
Amaranth
|
Guibourtia ehie
|
Amazaque
|
Aningeria spp.
|
Aningeria
|
Dipterocarpus grandiflorus
|
Apitong
|
Ochrama lagopus
|
Balsa
|
Virola spp.
|
Banak
|
Anisoptera thurifera
|
Bella rosa
|
Guibourtia arnoldiana
|
Benge
|
Detarium senegalese
|
Boire
|
Guibourtia demeusii
|
Bubinga
|
Prioria copaifera
|
Cativo
|
Antiaris africana
|
Chenchen
|
Dalbergia retusa
|
Concobolo
|
Cordia spp.
|
Cordia
|
Diospyros spp.
|
Ebony
|
Aucoumea klaineanal
|
Gaboon
|
Chlorophora excelsa
|
Iroko
|
Acacia koa
|
Koa
|
Pterygota macrocarpa
|
Koto
|
Shorea negrosensis
|
Red lauan
|
Pentacme controta
|
White lauan
|
Shorea polysperma
|
Tanguile
|
Terminalia superba
|
Limba
|
Aniba duckei
|
Louro
|
Khaya ivorensis
|
Africa mahogany
|
Swietenia macrophylla
|
American mahogany
|
Tieghemella heckelii
|
Makore
|
Distemonanthus benthamianus
|
Movingui
|
Pterocarpus soyauxii
|
African padauk
|
Pterocarpus angolensis
|
Angola padauk
|
Aspidosperma spp.
|
Peroba
|
Peltogyne spp.
|
Purpleheart
|
Gonystylus spp.
|
Ramin
|
Dalbergia spp.
|
Rosewood
|
Entandrophragma cylindricum
|
Sapele
|
Shorea philippinensis
|
Sonora
|
Tectona grandis
|
Teak
|
Lovoa trichilioides
|
Tigerwood
|
Milletia laurentii
|
Wenge
|
Microberlinia brazzavillensis
|
Zebrawood
|
USING AGENCY
Any office, department, institution, board, commission or
corporation that is a subordinate element of the county, and all offices,
departments, institutions, boards, commissions and corporations which
receive or disburse county funds that elect to use the Department
of Procurement of the county as their purchasing agent.
Procurement objectives shall be as follows:
A. To conduct all procurement activities in accordance
with the laws of the county.
B. To minimize the cost of satisfying the county's needs
for supplies, equipment, capital improvement projects and services
stressing quality and fair competitive relations.
C. To conduct all procurement activities in such a manner
as to maintain good business relationships.
D. To give equal opportunity to all qualified bidders.
E. To have requirements available on schedule, in proper
quantity and in accordance with specifications.
F. To avoid the stigma of favoritism to certain contractors
in any way in which influential or preferential allocation of business
can be indicated or inferred.
G. To maintain open records of firms solicited, prices
quoted and prices paid for all supplies, equipment, capital improvement
projects and services purchased for the county.
All county personnel engaged in procurement
and related activities shall conduct business dealings with contractors
in a manner above reproach in every respect. Transactions relating
to the expenditure of public funds require the highest degree of public
trust to protect the interests of the county. The official conduct
of county personnel engaged in procurement and related activities
must be such that the individual would have no reticence about making
a full public disclosure thereof.
In accordance with the State Finance and Procurement
Article, Title 12 of the Annotated Code of Maryland, the Harford County
Health Department may use the procurement law for the county to acquire
the supplies, equipment and services that it requires.