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:
- 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.
- The Charter of the county.
- 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]
- COUNTY PROCUREMENT OFFICER
- The Director of the Department of Procurement.
- The Director of the Department of Procurement.
- 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.
- LOWEST RESPONSIBLE BIDDER
- The lowest bidder as determined in accordance with this chapter by 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.
- 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.
- 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]
- All supplies, materials and equipment.
- TROPICAL HARDWOOD
- TROPICAL HARDWOOD PRODUCTS
- Any wood products, wholesale or retail, in any form, which are composed of tropical hardwood.
- 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.
Editor's Note: See also Sec. 415 of the Harford County Charter.
Procurement objectives shall be as follows:
To conduct all procurement activities in accordance with the laws of the county.
To minimize the cost of satisfying the county's needs for supplies, equipment, capital improvement projects and services stressing quality and fair competitive relations.
To conduct all procurement activities in such a manner as to maintain good business relationships.
To give equal opportunity to all qualified bidders.
To have requirements available on schedule, in proper quantity and in accordance with specifications.
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.
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.