[1]
Editor's Note: See also Sec. 414 of the Harford
County Charter.
The Department of Procurement shall be as established
by the Charter and as is further implemented by law.
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.
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.
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.
[1]
Editor’s Note: Former § 41-10, Joint purchasing,
was repealed by Bill No. 10-16.
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.
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.
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])
[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.
