Harford County, MD Article II Department of Procurement [1]

[1] Editor's Note: See also Sec. 414 of the Harford County Charter.

§ 41-6 Establishment.

The Department of Procurement shall be as established by the Charter and as is further implemented by law.

§ 41-7 Director.

A. Qualifications. The Department of Procurement shall be administered by a Director. He shall have had a responsible position in procurement or purchasing over a period of at least five (5) years prior to his appointment and shall have demonstrated ability in the management of procurement or purchasing.

B. Duties generally. The Director shall be responsible for:

[Amended by Bill No. 10-16; 16-030]

(1) Providing for the purchasing of or contracting for supplies and contractual services, including capital projects and consultant services, needed by all agencies of the county or any other public or quasi-public agency that elects to utilize the services of the Department, in accordance with and in the manner prescribed by the County Council by law.

(2) Performing such other duties as may be prescribed by the County Executive or by legislative act of the County Council.

(3) Giving an official bond, to be approved by the Department of Law, in the sum of $500,000. The bond shall be paid for by the county.

[Amended by Bill No. 10-16]

C. Scope of purchasing authority. The Director shall have the power and it shall be the Director's duty to provide for the purchasing or contracting for all supplies and contractual services, including capital projects and consultant services, needed by any using agency of the county, in accordance with purchasing procedures as prescribed by this chapter and such rules and regulations as the Director shall adopt for the internal management and operation of the Department of Procurement and such other rules and regulations as shall be prescribed by the County Executive. Whenever possible, the Director shall utilize the formal contract procedures provided for herein to allow greater opportunities for local contractors to bid on and receive contracts under this chapter.

[Amended by Bill No. 93-13; 10-16]

(1) Exceptions. The Director shall not be responsible for providing for the purchasing of books, periodicals, organizational memberships, educational services and seminars and, except as otherwise provided for herein, physicians' services, special legal counsel and other professional services customarily negotiated.

(2) Unauthorized purchases. Except as herein provided, it shall be unlawful for any county employee or officer to order the purchase of any supplies or make any contract within the purview of this chapter other than through the procedures provided for in this chapter, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by the county, and the county shall not be bound thereby.

D. Other powers and duties. In addition to the purchasing authority conferred in Subsection C of this section and in addition to any other powers and duties conferred by law, the Director shall:

(1) Act to procure for the county the highest quality in supplies and contractual services at the least expense to the county.

(2) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.

(3) Establish and amend when necessary all rules and regulations authorized by this chapter and any others necessary to the Department's operation, in accordance with the Charter.

(4) Keep informed of current developments in the field of purchasing, prices, market conditions and new products and secure for the county the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition and private businesses and organizations.

(5) Prescribe and maintain such forms as he shall find reasonably necessary to the operation of this chapter.

(6) For standardized items, prepare and adopt a standard purchasing nomenclature for using agencies and suppliers.

(7) Prepare, adopt and maintain a vendors' catalog file. Such catalog shall be filed according to materials and shall contain descriptions of vendors' commodities, prices and discounts.

(8) Exploit the possibilities of buying in bulk so as to take full advantage of discounts.

(9) Act so as to procure for the county all federal tax exemptions to which it is entitled.

(10) Cooperate with the Department of the Treasury so as to secure for the county the maximum efficiency in budgeting and accounting.

(11) Have the authority to recommend to the Board of Estimates for disqualification the names of vendors who default on their quotations and to recommend that they be disqualified from receiving any business from the county for a stated period of time. Upon disqualifying a vendor or bidder, the Director shall notify the vendor or bidder in writing and shall state the reasons for such disqualification.

(12) Maintain complete and accurate records of all purchases and contracts hereinafter made by or for all using agencies and the county.

(13) Provide for the letting of contracts for the installation and maintenance of vending machines on county property.

(14) Require the compiling and maintenance of listing of all personal property and equipment owned and operated by the using agencies and that these lists be filed with the Director and updated periodically.

(15) Perform such other duties as may be provided from time to time by directive of the County Executive or by legislative act of the Council not inconsistent with the Charter and other applicable laws.

§ 41-8 Assistance by other departments.

The Director of the Department of Procurement shall have the authority to call upon any agency to furnish information or otherwise assist in the performance of purchasing functions, and it shall be the duty of any such agency to furnish any such information or assistance as shall be within the agency's scope.

§ 41-9 Responsibility of using agencies.

Using agencies shall advise the Director of the Department of Procurement in advance as to their requirements in order to secure quantity prices and discounts by consolidating requirements and bulk buying whenever practicable.

§ 41-10 (Reserved) [1]

[1] Editor’s Note: Former § 41-10, Joint purchasing, was repealed by Bill No. 10-16.

§ 41-11 Supply specifications and classifications.

The Director of Procurement shall prepare and secure, with the cooperation of the using agencies, standard and written specifications or classifications as appropriate for supplies used by the various using agencies.

§ 41-12 Requisitions and estimates.

A. Generally. Every using agency, either by or with the authorization of the head of the department under which the using agency operates, shall file with the Director detailed requisitions or estimates of its requirements in supplies and contractual services in such manner, at such times and for such future periods as the Director shall prescribe.

B. Unforeseen requirements. A using agency shall not be prevented from filing, in the same manner, with the Director at any time a requisition or estimate for any supplies and contractual services, the need for which was not foreseen when the detailed estimates were filed.

C. Revisory power of Director. The Director shall examine each requisition or estimate and shall have the authority to recommend to the using agency revisions as to quantity, quality or estimated cost. Revision as to quality shall not be less than established standards and specifications.

§ 41-13 Conflicts of interest.

A. Generally. Any purchase or contract within the purview of this chapter in which the Director or any officer or employee of the county is financially interested, directly or indirectly, shall be void, except that, before the execution of a purchase order or contract, the Council shall have the authority to waive compliance with this section when it finds such action to be in the best interests of the county.

B. Gifts and rebates. The Director and every officer 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 and benefit of the county. (See also Section 803 of the Charter and the Code of Ethics.[1])

[1] Editor's Note: See Ch. 38, Art. III, Code of Ethics

§ 41-14 Competitive bidding.

[Amended by Bill No. 93-13; 10-16]

Except as otherwise provided herein, all purchases of and contracts for supplies and contractual services, in an amount of $25,000 or more, shall be based on competitive bids. Trade-in of equipment and supplies may be a part of a purchase.