Harford County, MD
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
All purchases made by the county, except from petty cash and except for emergency purchases, shall be made by issuance of a properly executed purchase order or by a duly executed contract.
A. 
Purchase descriptions, specifications, plans and drawings shall state only the actual minimum needs of the county and shall describe the required supplies, services, equipment or capital improvement projects in a manner which will encourage maximum competition. Purchase descriptions and specifications shall set forth the essential physical and functional characteristics of supplies, services, equipment or capital improvement projects to be purchased. As many characteristics as are necessary to express the minimum requirements of the county should be utilized in preparing purchase descriptions, specifications, plans and drawings, such as:
(1) 
Common nomenclature.
(2) 
Kind of material, i.e., type, grade, etc.
(3) 
Electrical data.
(4) 
Dimensions, size or capacity.
(5) 
Principles of operation.
(6) 
Restrictive environmental conditions.
(7) 
Intended use.
(8) 
Equipment with which the item is to be used.
(9) 
Method of testing, inspection and acceptance.
(10) 
Other pertinent information that further describes the supplies, services, equipment or capital improvement project.
B. 
Purchase descriptions and specifications shall not be written so as to specify a product or a particular feature of a product peculiar to one manufacturer and thereby preclude consideration of a product manufactured by another company, unless it is determined that the particular feature is essential to the county's requirements and that similar products of other manufacturers lacking the particular feature would not meet minimum requirements. Generally, the minimum acceptable purchase description shall be the identification of a requirement by use of a brand name followed by the words "or equal." Standard specifications shall be utilized to the maximum extent possible for repetitive requirements of supplies, services, equipment or capital improvement projects common to the needs of more than one (1) agency.
[Amended by Bill No. 93-13]
No purchase of supplies, services, equipment or capital improvement projects shall be made for any agency of the county in excess of available unencumbered appropriations or allotments applicable thereto. Except for purchases in an amount of not more than $100 and emergency purchases, no purchase order or contract shall be executed or payment made out of county funds for purchase of supplies, services, equipment or capital improvement projects unless the County Treasurer or his designee shall first certify that the funds for the proposed purchase are available. (See also Section 520 of the Charter).
[Added by Bill No. 92-36]
A. 
No payment of county funds shall be made for any alteration or demolition of a historic property, as defined in Section 267-60.1 of this Code, unless:
(1) 
The Historic Preservation Commission approves the demolition or alteration; and
(2) 
The County Council by a vote of at least 5 members approves the demolition.
B. 
Notwithstanding Subsection A of this section, if the Director of the Department of Inspections, Licenses, and Permits and the County Health Officer determine that the property constitutes an immediate danger to the health, welfare, and safety of the public, county funds may be expended for the demolition or alteration of the property.
No contract shall be awarded to any contractor unless the contract contains provisions obligating the contractor not to discriminate in any manner against any contractor, employee or applicant for employment because of race, creed, color or national origin and further obligating the contractor to include similar provisions in all subcontracts, except subcontracts for standard commercial supplies, equipment or raw materials.
When bids or quotations are received on supplies or equipment of domestic origin versus foreign origin, price, quality, service and warranty being relatively equal, the domestic product shall be purchased.
[Added by Bill No. 91-53]
A. 
The county shall not enter into or renew a contract the performance of which requires the use of tropical hardwood or tropical hardwood products, unless the Director determines that:
(1) 
There is no acceptable non-tropical hardwood equivalent; or
(2) 
Tropical hardwood is required for restoration of a structure that has been designated as historic under federal, state, or county law.
B. 
A person submitting a bid to provide supplies or contractual services to the county shall submit with the bid a written certification that no tropical hardwood products are to be supplied to the county or used in connection with the contractual services.
C. 
A bid that does not contain the certification required by Subsection B of this section is not complete and shall be rejected by the awarding authority.
D. 
A person submitting a bid to provide supplies or contractual services to the county shall not falsely certify in the bid that tropical hardwood products are not to be supplied to the county or used in connection with the contractual services.
[Amended by Bill No. 77-62; 10-16]
Except where prohibited by state or federal laws or rules or regulations, purchasing from vendors, contractors and consultants or professional services whose place of business is physically located in the County is considered to be in the best interest of the County, and such purchases shall be made from local vendors, contractors and consultants, provided that price, quality and service are equal to that which can be obtained from vendors whose place of business is located outside of the County.
[Added by Bill No. 88-45]
A. 
As used in this section, the following terms shall have the meanings indicated:
HANDICAPPED
An individual with a physical or mental disability that prevents the individual from currently engaging in normal competitive employment.
SHELTERED WORKSHOP
An entity that is:
(1) 
Operated in the interest of handicapped individuals;
(2) 
Certified as a sheltered workshop by the Wage and Hour Division of the United States Department of Labor;
(3) 
Accredited by the Division of Vocational Rehabilitation of the State Department of Education; and
(4) 
Exempt from taxation under 26 U.S.C. § 501(c)(3).
B. 
A county contract for the purchase of janitorial services shall be awarded to a sheltered workshop, if the workshop's bid does not exceed the bid of the lowest responsible nonworkshop bidder by more than twenty-five percent (25%).
C. 
Signs.
(1) 
Notwithstanding the provisions of § 41-27 of this chapter, purchases of signs for use in county buildings shall be made from a sheltered workshop.
(2) 
This subsection does not apply to signs manufactured by a county agency.
[Added by Bill No. 92-13]
A. 
When supplies or contractural services are purchased through the bid process established by this chapter, the county may give a preference to the local bidder who is the lowest responsible local bidder if:
(1) 
A bidder whose principal place of business is in another county or state is the lowest responsible bidder;
(2) 
The other county or state gives a preference to its local bidders; and
(3) 
A preference does not conflict with a federal law or grant affecting the purchase of the supplies or contractural services.
B. 
A preference given under this section shall be identical to the preference that the other county or state gives to its local bidders.
Under certain circumstances, the county's equipment requirements may be more economically filled by rental rather than purchase. The decision to rent rather than purchase shall be made by the Director of Procurement after consultation with the head of the using agency on a case-by-case basis, and rental should be used where it would be in the county's best interest. Criteria to be considered in each case shall include but not be limited to:
A. 
The duration of the county requirement; i.e., where such requirement is of short duration, purchase might be costlier than rental.
B. 
The probability that the equipment will become obsolete and that replacement within a short period will be necessary.
C. 
The special or technical nature of the equipment, when the lessor may provide the equipment as well as maintenance and repair services at a lower cost than would otherwise be available to the county. A lease for a term greater than one (1) year's duration shall not be entered into without the approval of the County Council.
Contracts and purchase orders normally involve commercial warranty provisions which are standard or customary in the trade. Warranties other than normal commercial warranties shall be used only when it is found by the Director of Procurement to be in the best interest of the county after considering such factors as:
A. 
Nature of the item being purchased and its end use.
B. 
Cost of the warranty.
C. 
Criticality of meeting specifications.
D. 
Damages to the county that might be expected to arise in event of a defective performance.
E. 
Cost of correction or replacement in absence of a warranty.
F. 
Administrative cost and difficulty of enforcing the warranty.
[Amended by Bill No. 10-11]
Liquidated damages provisions may be used in contracts under such circumstances that time of delivery or performance is such an important factor that the County may reasonably expect to suffer damages if the delivery or performance is delinquent and when the extent or amount of such damages would be difficult or impossible to ascertain or prove. When a liquidated damages clause is used, the contract shall set forth the amount which is to be assessed against the contractor for each day of delay. The rate of assessment of liquidated damages must be considered on a case-by-case basis and reasonably fixed with reference to probable actual damages. Determination to use liquidated damages provisions in a contract and determination as to rate of assessment of liquidated damages shall be made by the County Attorney after consultation with the using agency. Liquidated damages provisions shall be included in all contracts of $100,000 or more.
The contract-awarding authority, with the approval of the County Attorney, may waive informalities and irregularities in bids submitted if such irregularities do not violate any applicable provisions of any rules and regulations or law if such action is considered to be in the best interest of the county.
[Amended by Bill No. 10-16]
Except for emergency purchases, the Board of Estimates shall have the responsibility for awarding all contracts that are in an amount of $50,000 or more, shall award all contracts that are awarded under § 41-28 that are in an amount of $25,000 or more and shall approve all purchases, sales or leases of real property. All other contracts shall be awarded by the County Executive or the Director when such authority is delegated to the Director by the County Executive in writing and shall be posted on the County’s website.
A. 
Generally. All supplies and contractual services, except as otherwise provided herein, when the estimated cost thereof shall exceed $25,000, shall be purchased by formal, written contract from the lowest responsible bidder after due notice inviting bids.
[Amended by Bill No. 93-13; 10-16]
B. 
Notice inviting bids.
(1) 
Publication in newspaper. Notice inviting bids shall be published at least once in at least one (1) newspaper in the county and at least ten (10) days preceding the last day set for the receipt of bids.
(2) 
Scope. The newspaper notice required herein shall include a general description of the articles to be purchased or sold and shall state where bid blanks and specifications may be secured and the time and place for opening bids.
(3) 
Prequalified bidders' list. The Director shall also solicit sealed bids from a representative number of responsible prospective suppliers who have requested their names to be added to a prequalified bidders' list, which the Director shall maintain, by sending them a copy of such notice as will acquaint them with the proposed purchase or sale. Invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent. Failure to notify prospective suppliers on the vendors' or bidders' list shall not invalidate any bids or contracts.
(4) 
Posting on bulletin board. The Director shall also advertise all pending requests for proposals or sales by a notice posted on the public bulletin board in the County Office Building.
C. 
Bid deposits. When deemed necessary by the Director, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of the posted surety where the Director has required such. In addition to any other damage incurred by the county by the successful bidders' refusal to enter into the contract, a successful bidder may be required to forfeit any surety required by the Director upon failure on his part to enter a contract within ten (10) days after notice of the award is sent to him, unless extended by the county.
D. 
Bid opening procedure.
(1) 
Bids to be sealed. Bids shall be submitted sealed to the Director and shall be identified as a bid for a specific contract on the envelope.
(2) 
Time and place of opening. Bids shall be opened in public at the time and place stated in the public notices.
(3) 
Tabulation. A tabulation of all bids received shall be posted for public inspection.
E. 
Rejection of bids. The contract-awarding authority shall have the authority to reject all bids, parts of all bids or all bids for any one (1) or more supplies or contractual services included in the proposed contract when the public interest will be served thereby. The awarding authority shall not award a contract to a contractor who is in default on the payment of taxes, licenses or other money due the county, regardless of whether or not the contractor would otherwise qualify as the lowest responsible bidder. Upon determining that a contract is in default to the county, the Director shall notify the contractor in writing and shall state the reasons for such default. A bidder is not in default to the county if he is disputing the alleged money due by appropriate administrative or judicial proceedings.
F. 
Award of contract.
(1) 
Authority in Director. The Director shall have such authority to award and execute contracts as shall be delegated to him in writing by the County Executive.
(2) 
Lowest responsible bidder. Contracts shall be awarded to the lowest responsible bidder. In determining lowest responsible bidder, in addition to price, the awarding authority may consider:
(a) 
The ability, capacity and skill of the bidder to perform the contract or provide the service required.
(b) 
Whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or interference.
(c) 
The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(d) 
The quality of performance of previous contracts or services to the county or other owners.
(e) 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service.
(f) 
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.
(g) 
The quality, availability and adaptability of the supplies or contractual services to the particular use required.
(h) 
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.
(3) 
Award to other than low bidder. When the award is not given to the monetarily lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the Director and filed with the other papers relating to the transaction.
(4) 
Tie bids.
(a) 
Local vendors. If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder, if the tie bidders otherwise equally qualify as lowest responsible bidders.
(b) 
Outside vendors. Where Subsection F(4)(a) above is not in effect, the county shall award the contract to one (1) of the tie bidders by drawing lots in public, if the tie bidders otherwise equally qualify as lowest responsible bidders.
(5) 
No bids. If no bids are received where competitive bidding is required by this chapter, the Director is authorized to proceed under § 41-27 and/or § 41-30, whichever is more appropriate.
(6) 
Performance, payment and maintenance bonds. The Director shall have the authority to require performance and/or payment bonds before a contract is entered into, in such amount as he shall find reasonably necessary to protect the best interests of the county. The Director of Public Works may require maintenance bonds for capital improvement projects in an amount and for a duration of time he may deem appropriate.
(7) 
Notification of nonacceptance of bids. The Director shall notify all persons who submitted bids and were not awarded the contract that their bid was not accepted.
G. 
Capital improvement projects.
[Amended by Bill No. 94-83]
(1) 
Plans and specifications. When a capital improvement project is to be performed by contract, the Director of Public Works shall prepare or cause to be prepared necessary plans, specifications and cost estimates for submission to the Director of Procurement.
(2) 
Prequalification of contractors for capital improvement projects.
(a) 
The Director shall establish by regulation a prequalification procedure for the procurement of capital improvement projects that exceed $100,000.
[Amended by Bill No. 10-16]
(b) 
The prequalification procedure established by the Director shall at a minimum determine whether a prospective bidder has:
[1] 
The experience and skill necessary to perform the contract;
[2] 
The ability to comply with the required or proposed delivery or performance schedule;
[3] 
A satisfactory record of performance;
[4] 
The financial resources sufficient to perform the contract; and
[5] 
Previously complied with all laws when fulfilling a county contract.
(c) 
The prequalification procedure established by the Director shall not apply to a capital improvement project procured as an emergency purchase under Section 41-29 of this Article.
(d) 
The fact that a person is prequalified does not make that person responsible.
(e) 
A person who is not prequalified shall not be permitted to submit a bid.
(3) 
Invitation to bid and public announcement. Upon receipt of a properly approved capital improvement project, including plans, specifications and cost estimates, the Director shall prepare bid forms, issue invitations to bid and make public announcements as prescribed in this chapter for formal competitive bidding or professional or other consultant services.
(4) 
Contractor selection. After evaluation of bids and determination as to the lowest responsible bidder, a contract award notification letter shall be sent by the Director of Procurement to the lowest responsible bidder along with contractual documents for execution by the lowest responsible bidder.
(5) 
Contract execution. Unless extended by the county, the successful bidder must, within 10 days after receipt of contract award notification letter and contractual documents, sign and return the contract along with required performance and payment bonds and other pertinent documents to the Director of Procurement. Upon return of the documents to the county, the contract shall be executed by the County Executive or the County Executive's designee.
(6) 
Notice to proceed. After the contract has been fully executed, the Director of Procurement shall provide the contractor and the Director of Public Works with a copy of the completed contract and, after consultation with the Director of Public Works and the Treasurer, issue a notice to proceed to the contractor.
(7) 
Contract administration, construction, control and supervision. The Director shall be responsible for the supervision of the administration of the contract, and the Director of Public Works shall be responsible for the supervision of the execution and performance of all contracts for capital projects constructed for the county and as agreed upon by and for other using agencies.
H. 
Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this chapter.
A. 
Generally. Except as provided in § 41-20.1 of this chapter, all purchases of less than the estimated value of $25,000, shall be made in the open market, without advertisement and without observing the procedure prescribed in § 41-26 for the award of formal contracts and in § 41-28 for the award of contracts for consultant and other professional services.
[Amended by Bill Nos. 88-45; 93-13; 10-16]
B. 
Minimum number of solicitations. All open market purchases shall, wherever possible, be based on at least three (3) competitive price quotations and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in § 41-26.
C. 
Notice inviting bids. The Director shall solicit price quotations by direct mail request to prospective vendors and/or by telephone. For those procurements of under $25,000, price quotations shall be documented by means such as, but not limited to, electronic or facsimile transmissions from the vendors which will be retained in the file. The solicitation of price quotations should be from as many suppliers as are required to obtain a reasonably complete sampling of the market. The list of potential suppliers should be rotated, always including the current source, so that over a period of time each will be contacted. The solicitation should cover a spread of multiple quantities sufficient to indicate the price breaks or discounts for quantity purchases and possible transportation economics.
[Amended by Bill No. 93-13; 10-16]
D. 
Recording. The Director shall keep a record of all open market orders and the price quotations submitted in competition thereon, and such records shall also be open to public inspection.
E. 
Audit. The Director shall periodically conduct an audit of the open market orders and the price quotations submitted to the Department. The Director shall retain a written record of the audit for a period of three (3) years.
[Amended by Bill Nos. 77-26; 77-62]
A. 
Generally. Procurement of consultant and other professional services, except for the employment of special legal counsel pursuant to Section 403(c) of the Charter, and physicians' services, shall be through negotiation on the basis of qualification and competence of the prospective consultant, the technical proposal as to the proposed work and the price to the county. The procurement of consultant or other professional services by the county shall be by written contract. The contract shall contain, among other things:
(1) 
A complete description of the services to be performed.
(2) 
The time period over which services are to be performed and completion date.
(3) 
The total price to be paid for such services.
(4) 
A clause permitting audits of the records of the contractor as they pertain to specific items of the contract with the county. Reimbursable expenses, if any, shall be clearly defined in the contract as to limitations and allowability thereof and shall be expressed in terms of ceilings. Per diem rates, if any, shall include "not to exceed" limits. No consultant or other professional services shall be contracted for on a time or hourly basis unless there shall be established in the contract a ceiling price for the total services to be rendered with the contractor assuming the obligation for completion of all required services at a price not to exceed the ceiling price. Further, contracts for consultants and other professional services shall contain provisions requiring approval of the Director of the department or using agency that is responsible for the administration of the contract of all proposed subcontractors, consultants or associates.
B. 
Qualification questionnaire. The Director of Procurement, by public advertising, will periodically, but no less than every two years, require that all firms interested in providing professional consultant services for the county submit a statement of their area of interest together with a questionnaire similar to the United States Government's Standard Form 251 and any other data pertinent to the description of capabilities of their firm. These submissions will be maintained under the supervision of the Director. All statements and other data will be updated annually. During interim periods between advertisements, the Director shall accept submissions from professionals and consultants. Pending the next public advertisement, the Director shall add the names of the new consultants and professionals to the list. Insofar as possible, the Director shall list in the advertisement the forthcoming projects and contracts.
[Amended by Bill No. 93-13]
C. 
Negotiation procedures. As services for projects are required, the Director shall appoint a Negotiation Committee of not less than three (3) members, one (1) of whom shall be the cognizant using agency head or his designee and two (2) others shall be at the choice of the Director.
(1) 
The Committee shall first prepare a report indicating the project description, scope of services being sought, funding data, estimated construction costs and, finally, a list of consultants deemed eligible. Except where prohibited by state or federal laws, rules or regulations, the list shall include a representative number of qualified firms whose principal places of business are located in the county and will include a total of at least three (3) firms. The number will depend only upon apparent qualifications and shall be listed in order of preference. The list will be the result of reviewing all applicable qualification questionnaires. The report shall state, insofar as possible, the reasons for the proposed order of preference.
(2) 
The report will be submitted to the Director for review and comment. If the Director disagrees with the report, he shall state his reasons for the disagreement and make recommendations to the Committee. If the Director disagrees with the report, the Committee shall consider his reasons and recommendations, confirm or modify its report and proceed with negotiations.
(3) 
The Committee will negotiate technical and price proposals with at least the three (3) most preferred firms of those firms listed in the final order of preference. The Committee shall compare the proposals with their final report as a basis for negotiations. The Committee shall negotiate with the selected firms without considering the order in which they were listed in the Committee's initial report to the Director.
(4) 
After negotiations are completed, the Committee shall forward their results to the Director for submission to the awarding authority for selection and awarding of the contract.
D. 
Public announcement of contract award. The selection of a consultant and award of all contracts for consulting and other professional services shall be made public by posting on a bulletin board in the County Office Building available to the public information such as:
(1) 
Description or general nature of the services contracted for.
(2) 
Performance period covered by the contract.
(3) 
Name and address of the person to whom the contract was awarded.
(4) 
Total dollar amount of the contract.
A. 
By Director. In case of an emergency which requires immediate purchase of supplies or contractual services, the Director is authorized to secure at the lowest obtainable price, by open market procedure as herein set forth or from a single source, any supplies or contractual services regardless of the amount of the expenditure, when such purchases are necessary to prevent delays in the work of the using agency which may vitally affect the life, health or general welfare of the citizens of the county.
B. 
By head of department. In case of an emergency, when the Director of Procurement is not available to make the required purchase, the head of any using agency may purchase any supplies or contractual services needed to prevent delays in the work of the using agency which may vitally affect the life, health or general welfare of citizens of the county.
(1) 
Recorded explanation. The head of such using agency shall send to the Director a requisition and a copy of the delivery record, together with a full written report of the circumstances of the emergency.
(2) 
Emergency procedure. The Director shall prescribe by rules and regulations the procedure under which emergency purchases by heads of using agencies may be made.
When the county requires supplies, equipment or services, including consultant or other professional services, which are proprietary with one (1) producer or available from only one (1) source of supply, the Director of Procurement shall appoint a Negotiation Committee as provided for in § 41-28, which shall negotiate with that single source and recommend a contract to the awarding authority.
Services for which the rate or price is fixed by a public authority authorized by law to fix rates or prices shall be contracted for without competitive bidding.
[Amended by Bill No. 93-13]
To reduce the administrative work load of the Department of Procurement and expedite purchase of supplies, the Director of Procurement may establish blanket order agreements (charge accounts) with selected suppliers for such commodities as automotive repair parts, stationery and office supplies and other categories of supplies as may be determined by the Director of Procurement. Blanket order agreements shall include instructions as to order placement, dollar limitations, billing instructions and listing of persons authorized to place orders. The Director of Procurement shall authorize individuals assigned to requiring agencies to place orders against blanket order agreements. The Director of Procurement shall also periodically audit orders placed against blanket order agreements by authorized individuals to assure conformance to good purchasing standards.
The Director of Procurement may enter into price agreement contracts for supplies on which there are repetitive requirements over a period of time by one (1) or more requiring agencies. Price agreement contracts shall normally be entered into under the formal contract procedure herein set forth and shall normally be on a yearly basis. Orders for specific supplies covered by price agreement contracts shall be by purchase order issued by the Director of Procurement at prices indicated in the price agreement contract.
In those instances where it may be impossible to accurately price in advance certain work to be performed, the Director of Procurement shall appoint a Negotiation Committee as provided in § 41-28, which shall negotiate a purchase order or contract which shall state the categories of labor proposed and hourly rates specifically applicable thereto. Material prices shall be fair and reasonable and in line with current market prices. Time and material contracts shall not be used unless the Director of Procurement determines that no other type of contract would be more suitable and in the best interests of the county for the particular requirement. All time and material contracts shall include a maximum price and shall contain a clause permitting audits of the records of the contractor as they pertain to the contract with the county.
A. 
Authorized. The County Executive is hereby authorized to recommend an appropriation to a fund, which shall be known as the "Petty Expenditures Revolving Fund." From this fund shall be paid all purchases not in excess of fifty dollars ($50.) each made by the heads of using agencies for incidentals with the approval of the Director.
B. 
Accounting. At the end of each month, the Director shall render to the County Treasurer a statement showing the actual expenditures for each using agency so made out of such Petty Expenditures Revolving Fund, and the County Treasurer shall reimburse such revolving fund for such expenditures in the same manner as other expenditures of such using agencies are paid.
C. 
Rules and regulations. The Director shall promulgate rules and regulations for use of the Petty Expenditures Revolving Fund.
A. 
Generally. The Director shall control and supervise storerooms and warehouses and shall administer the Storerooms Revolving Fund.
B. 
Storerooms Revolving Fund. The County Executive is hereby authorized to recommend an appropriation to a fund, which shall be known as the "Storerooms Revolving Fund."
(1) 
Accounting procedure. Requisitions from supplies in a storeroom or warehouse shall be credited by the Storerooms Revolving Fund by a charge against the appropriation of the using agency.
(2) 
Inventory. The Director shall maintain a perpetual inventory record of all materials, supplies or equipment stored in storerooms and warehouses.
Purchase agreements and all proposed contracts shall be reviewed by the Department of Law for legal sufficiency. It shall be the responsibility of the Department of Law to draft special clauses for contracts such as, but not limited to, liquidated damages, warranties, nondiscrimination and other special provisions to protect the interests of the county.
A. 
Inspection by Director. The Director shall inspect or supervise the inspection of all deliveries of supplies or materials to determine their conformance with the specifications set forth in the order or contract.
B. 
Inspection by using agency. The Director shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made and services rendered to such using agencies under rules and regulations which the Director shall prescribe.
C. 
Tests. The Director shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the Director shall have the authority to make use of laboratory facilities of any agency of the county government or of any outside laboratory.
D. 
Purchase orders. Inspection and acceptance of supplies, equipment or services purchased by a purchase order or from petty cash shall be made by qualified personnel of the requiring agency. Unacceptable supplies, equipment or services shall be reported to the Director of Procurement for appropriate corrective action.
A. 
Responsibility. With the approval of the County Executive, the Director shall be responsible for the disposition of surplus, obsolete and scrap supplies and equipment.
B. 
Order of priority. Equipment shall be disposed of in the following order of priority. [Note that Subsections B(2) and B(3) of this section have equal priority, and the preference order shall be determined by the Director of Procurement.]
(1) 
Transfer to other county departments or agencies.
(2) 
Outright sale or exchange.
(3) 
Trade-in.
(4) 
Donation to institutions or public service organizations.
(5) 
Scrapping.
C. 
Surplus property listings. All agencies shall, at the end of each fiscal year quarter, submit to the Director of Procurement a listing of any property which is surplus to their needs. Following receipt of these listings, the Director of Procurement shall consolidate and circularize the surplus items list to all agencies to determine whether interagency transfer is appropriate and in the best interest of the county. The listing shall include a full nomenclature of each item and shall indicate its condition.
D. 
Disposal methods. The Director of Procurement, following circularization of the surplus list to agencies and determination that transfer is not appropriate, shall either offer surplus property for sale or exchange for other property of an approximate equivalent value or shall offer the property as trade-in for the purchase of similar property, whichever is determined to be in the best interests of the county. Formal contract procedure shall be utilized for the sale of property. If transfer, sale, exchange or trade-in is determined not to be appropriate, the property may be donated to institutions or public service agencies, if such donation is considered to be appropriate for the institutions or public service agencies. Otherwise, the property shall be scrapped and included in a sale to the public along with other scrap material. Material having no salable value shall be destroyed by appropriate means conforming to current ecological procedures.
E. 
Sales to highest responsible bidder. Sales under this section shall be made to the highest responsible bidder.
The Director shall, with the approval of the County Executive, have the authority to join with other units of government in cooperative purchasing plans when the best interests of the county would be served thereby.
A. 
Files maintained. There shall be maintained in the Department of Procurement complete files applicable to all purchases made by the county. Such records shall include but not be limited to:
(1) 
Purchase requisitions.
(2) 
Purchase orders.
(3) 
Contracts.
(4) 
Preaward and postaward documentation and correspondence pertaining to each purchase order and contract.
(5) 
General correspondence files.
(6) 
Catalog and pricing information files.
(7) 
Bidders' lists.
(8) 
Qualification questionnaires for consultant and other professional services.
(9) 
Report files. Records pertaining to purchase orders and contracts and preaward and postaward documentation shall be maintained for the current county fiscal year and three (3) fiscal years subsequent to the year in which the contract is completed. These records shall be open to public inspection at all times.
B. 
Emergency purchases report.
(1) 
The Director of Procurement shall submit to the County Executive a monthly report of all emergency purchases made during the month. Such report shall include:
(a) 
A description of the item or service purchased.
(b) 
The price.
(c) 
The name and address of the vendor.
(d) 
The necessity for emergency purchase.
(e) 
The requiring agency.
(2) 
Emergency purchases must be reported to the County Council prior to the next legislative session day after the purchase is made.
C. 
Report of consultant and other professional services contracts. The Director of Procurement shall submit through the County Executive to the County Council a monthly report of all contracts for consultant and other professional services awarded during the month. Such report shall include:
(1) 
A description or nature of the work.
(2) 
The contract price.
(3) 
The name and address of the contractor.
(4) 
The requiring agency.
D. 
Additional reports. The Director of Procurement shall submit any additional reports pertaining to the functions and operations of the Department of Procurement as may be directed by the County Executive or the County Council.