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Cecil County Code
Chapter 183: Purchasing
[HISTORY: Adopted by the Board of County Commissioners of Cecil County 7-24-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Treasurer - See Ch. 78 of the County Code
Ethics - See Ch. 166 of the County Code
Policy.
Based on the objective of procuring necessary supplies, equipment and services at reasonable prices, in adequate quantities, of satisfactory quality and on schedule from reliable suppliers, the county's purchasing will be accomplished by a central purchasing function.
Procurement authority.
The Board of County Commissioners is designated procurement authority, within the policies stated herein, and it is authorized to delegate this responsibility to the Purchasing Officer. Such authority includes the right and responsibility to question specific quantities, quality and necessity for items requested, in order that the best interests of the county will be served. Based on approved purchase requisitions, he/she will select the source and contact, negotiate and procure all supplies, equipment and services required by county government.
Bid solicitation.
| A. |
Competitive bids, as appropriate, will be obtained in keeping with good procurement practices. Many types of procurements do not involve bidding each time. Technical specifications must be supplied by the requesting agency. |
| B. |
Supplies, construction, lease/rental equipment and services costing $200 or less may be purchased without solicitation of formal quotes and the use of a purchase requisition and/or purchase order unless the vendor requires a purchase order. Prices will be established through verbal or written contacts with qualified suppliers. [Amended 9-21-1999] |
| C. |
Supplies, construction, lease/rental equipment and services costing more than $200, but less than $10,000, may be purchased from the lowest responsible bidder after soliciting verbal quotations or written quotations, if time allows, from two or more qualified suppliers. These quotations will be attached to or written on the purchase requisition. [Amended 12-15-1992; 9-21-1999] |
| D. |
Supplies, construction, lease/rental, equipment and services costing $10,000 or more must be purchased from the lowest responsible bidder meeting specifications after advertising for bids as herein provided. All bids received for purchases in excess of $10,000 when deemed necessary shall have bid security in an amount of not less than 5% of the bid. Bid security shall be in the form of a certified check or bond with corporate surety, made payable to the Board of County Commissioners. The Board of County Commissioners shall have the authority to require a performance bond, before entering into a contract in such amount as it shall find reasonably necessary to protect the county. [Amended 12-15-1992; 9-21-1999] |
| E. |
As used herein, "advertisement" shall mean a notice published in one or more newspapers, qualified to accept legal advertising, of general circulation in Cecil County. In addition to public advertisement, bids may be solicited directly from such persons as may be deemed reliable and competent to furnish the item or items required. Whenever bids are advertised and solicited in accordance with these regulations, the bid proposals must be received by the Central Purchasing Office in a sealed form. The bids will be opened and they will either be referred to the appropriate department for final analysis and recommendation for awarding or the Central Purchasing Office will conduct the final analysis and prepare the recommendation for the Board. The county shall accept the lowest responsible bid or bids, the kind, quality and materials being equal, but have the right to reject any or all bids or to select a single item or items from any bid. |
| F. |
Notwithstanding the other provisions of this policy, the Board of County Commissioners may, upon affirmative vote of a majority of the Board, permit bids to be made on an emergency basis at such times as the Board determines that the best interest of the county warrants the shortening of time for advertisements of bids otherwise provided. In such instances, bids may be solicited from a representative number of responsible suppliers or contractors on the bidders' list kept on file in the Purchasing Department. Failure to notify prospective suppliers on the bidders' list shall not invalidate any bids or contracts. |
Exceptions.
Provisions as to advertising and bidding set forth in § 183-3 above shall not apply to the following classes of purchases or others as the Board of County Commissioners may from time to time adopt:
| A. |
Lease/rental of real property. |
| B. |
Purchase of patented or manufactured products offered for sale in a noncompetitive market or solely by a manufacturer's authorized dealer. |
| C. |
Contracts involving policies of insurance or surety company bonds. |
| D. |
Purchases made through the state or against federal purchase contracts. |
| E. |
Contracts with public utility service companies under tariffs on file with the Public Utility Commission, contracts made with another political subdivision of the State of Maryland, the Federal Government and any agency of the State of Maryland or any municipality authority. |
| F. |
Contracts involving the services of members of the medical or legal profession, architects, engineers, accountants or other personal services involving professional expert advice. |
| G. |
Purchase of supplies and equipment required for parts or components being procured as replacement parts in support of equipment specially designed by a manufacturer, where data available is not adequate to assure that the part or component is identical with the part it is to replace or where contemplated procurement is to match or complement equipment or components previously purchased. |
| H. |
Purchase of technical, nonpersonal services in connection with the assembly, installation or servicing (or the instruction of personnel therein) of equipment of a highly technical or specialized nature. |
| I. |
Purchase of items through the Maryland State contract. |
Conflict of interest.
No county employee shall, either directly or indirectly, be a party to or be in any manner interested in any contract or agreement with the county for any matter, cause or thing whatsoever by reason whereof any liability or indebtedness shall in any way be created against the county.
Contacting suppliers.
| A. |
The Central Purchasing Office will contact and negotiate with the supplier regarding terms, conditions, final price, quantity, changes to orders, starting or canceling work and returning items. The requesting department is encouraged to recommended suppliers. |
| B. |
A supplier may be contacted for reasons other than those noted above by other than Central Purchasing Office personnel. However, in order to preclude requesting information on a product or supplier which is already available within the county as well as to obtain benefit of any experience the county may have had with the product or supplier, the Purchasing Office should be consulted prior to contacting a supplier. |
Purchasing authority. [Amended 3-3-1998; 1-19-1999]
The Board of County Commissioners and the Administrator are the only individuals possessing legal binding purchasing authority. Even when not required by law or bond policy, these individuals have an ethical responsibility to solicit, negotiate and contract goods and materials at the best possible costs.
Signature on purchase requisitions. [Amended 12-15-1992; 3-3-1998; 1-5-1999]
All purchase requisitions awarded by the county are to be signed by the department head, the Treasurer and the County Commissioners or Administrator.
Invoice payments.
All invoices are to be approved by the department head or designee and must be forwarded to the Accounts Payable Office immediately.
Procurement for personal use prohibited.
The facilities and services of the county will not be used to procure or receive any item or service for the personal use of employees.
Gifts and gratuities.
| A. |
An employee of the county may not accept personal gifts or favors of value or elaborate entertainment from any person or firm with whom the county is presently doing or has previously done business or from anyone desiring to establish business relations with the county. |
| B. |
Normal courtesies or items distributed as part of an advertising program may be accepted when there is obviously no intent to obtain special consideration for the donor. Return of gifts or gratuities or the refusal to accept them should be done promptly and tactfully. |
Blanket purchase orders.
Repetitive and like or similar items of supply and service may be procured by issuance of a blanket purchase order. The supplies and services to be obtained in this manner will be determined by the requiring department in conjunction with the Central Purchasing Office. The department and the amount will be at the discretion of the department head and the Purchasing Department. Releases against blanket purchase orders will be made by written release.
Lead time for purchase requisitions.
To permit procurement of fiscal year requirements on a timely basis, purchase requisitions must be submitted to the Purchasing Office with an adequate lead time.
Confirming purchase orders.
Confirming purchase orders (material or service received prior to the issuance of the purchase requisition) are prohibited except in emergencies and for minor repair service for which cost cannot be determined until after the repair is completed and emergency medical services and pharmaceuticals. An emergency exists when special price discounts are available for trial or when materials become damaged or in some other way become unavailable for use and must be reordered immediately. Failure to plan is not a valid emergency and may result in refusal to provide a purchase order number.
Prepaid orders. [Amended 12-15-1992]
Prepaid orders will be permitted only when the supplier demands prepayment in his contract or proposal because of the nature of the item.
Service and maintenance contracts.
All service and maintenance contracts, regardless of value, which are awarded by the county will be reviewed by the Purchasing Officer and the concerned budget head at least annually.
Emergency orders.
| A. |
Any employee experiencing an emergency can arrange to have the Purchasing Department issue a purchase order number over the phone. At no time may an employee place an order unless a purchase order number and permission are first obtained from the Purchasing Department. It shall be considered an emergency when supplies, equipment or services are necessary to prevent delays in the work of the requiring department which may vitally affect the life, health or general welfare of the citizens of Cecil County. |
| B. |
If an emergency occurs at a time other than during regular business hours, the requiring department shall, whenever possible, secure competitive telephone quotations before placing an order. No later than the next regular county business day after the emergency purchase is made, the requiring department shall submit to the Purchasing Department a purchase requisition and a statement from the department head justifying the necessity for the emergency purchase. Failure to observe these constraints will result in the employee being held personally liable for the items ordered. |
| C. |
In case of an emergency when the Purchasing Department is not available to make required purchases or issue a purchase order number, the requiring department head may purchase any supplies, equipment or services under the stipulations of the definition of "emergency" cited above. |
Purchase requisition forms. [Amended 9-21-1999]
| A. |
The purchase requisition form is the notification to the Purchasing Office to place an order in accordance with established policies with an outside source for an item or service (other than personnel service) required by the county which is not available from internal sources. All requisitions must be initiated far enough in advance of need, and the specifications shall be such that adequate time for in-house processing is possible. Purchase requisition forms are available from the Purchasing Office. |
| B. |
Supplies, construction, lease/rental, equipment and services costing $200 or less will not require a purchase requisition/purchase order. Department heads and/or supervisory personnel will be responsible to ensure personnel purchasing items without a purchase requisition/purchase order follow proper purchasing procedures. |
Responsibilities in processing requisitions and orders.
| A. |
Requisitioner. The requisitioner shall:
| (1) |
Complete all blocks on the purchase requisition form in accordance with instructions printed on the top of the form. |
| (2) |
Specify the date on which the item is required. General terms such as "immediately" and "as soon as possible (ASAP)" are not acceptable. |
| (3) |
Specify the account number (refer to copy of budget) to be charged for the item requested. Availability of funds in the account to be charged should be known prior to forwarding of the requisition; check the monthly budget report issued by Accounting to determine availability of funds. |
| (4) |
Indicate a suggested supplier and estimated cost. |
| (5) |
Prepare a separate listing on paper 8 1/2 inches by 11 inches when the number of items requested exceeds the available space on the requisition; place the notation "See attached list" in the description block when this occurs. |
| (6) |
Indicate the quantity and unit of measure clearly. |
| (7) |
Provide a description which is clear, concise and leaves no doubt as to the complete specification of the item described. Only items ordered from the same supplier should be listed on the same requisition. |
| (8) |
Attach copies of specifications, catalog pages or other pertinent information, if available, to the requisition whenever possible. |
| (9) |
Obtain department head, Treasurer's office and Commissioners' office approval signatures in the appropriate spaces on the requisition. [Amended 3-3-1998; 1-19-1999] |
| (10) |
When an emergency situation necessitates issuance of a confirming purchase order (i.e., an order is telephoned in to the supplier), mark "Confirming" on the last line of the requisition. |
| (11) |
When prepayment action (see purchasing regulations, § 183-15) is requested, contact the Purchasing Department prior to processing the requisition and furnish it with information relative to the need for prepayment and write "Prepayment requested" on the requisition. |
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| B. |
Department head. The department head shall:
| (1) |
Check the purchase requisition form upon receipt from the requisitioner for completeness. |
| (2) |
If procurement is necessary and budget is available, sign the requisition. Signatures shall include the last name written in full. The use of initials on procurement documents is not permissible. If an individual is designated to sign for a department head, a copy of his signature must be on file in the Purchasing Department, along with a completed authorization slip signed by the department head. |
| (3) |
Forward all five copies of the requisition to the Treasurer's office. The Treasurer's office will forward all five copies to the County Commissioner's office for signature by the County Commissioners, or their designee, the Administrator. After approval by the Commissioners, all copies will be forwarded to the Purchasing Department. [Amended 2-15-1992; 3-3-1998; 1-19-1999] |
| (4) |
Check the requisitioner's copy of the purchase order form upon receipt from the Central Purchasing Office for correctness and retain until the requested item or service is received. |
| (5) |
Advise the requisitioner of the scheduled delivery date indicated on the purchase order. |
| (6) |
Keep the requisitioner advised of the status of the order at all times. |
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Responsibilities in processing of blanket purchase orders.
| A. |
Requisitioner. The requisitioner shall:
| (1) |
Consult with the Purchasing Department when the repetitiveness of ordering an item or service warrants considering establishment of a blanket order. |
| (2) |
Carefully determine the quantity requirements and an appropriate time period for keeping the order open; when service is to be procured or the item cannot be specified, determine the total dollars to be spent over a period of time. |
| (3) |
Prepare and process a purchase requisition form in the same manner specified in § 183-19A, indicating the necessary information in the appropriate spaces on the form; specify the individual who will be authorized to make releases against the blanket order. |
| (4) |
Ensure that the dollar limit and time period for releasing against the order are not exceeded. |
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| B. |
Individual authorized to issue releases against blanket purchase order. The authorized individual shall make releases against blanket purchase orders in the following manner:
| (1) |
Use the blanket release form; and specify the account to be charged, the item number as shown on the purchase order, the quantity to be released, the description, the required date, the blanket order number, etc. |
| (2) |
Number each release in numerical sequence beginning with No. 1 for the first release made against the blanket order form and continue in sequence. |
| (3) |
Sign the release form in the space provided. |
| (4) |
Distribute copies of the release as specified on the form. |
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Local preference. [Added 5-7-1991; amended 12-15-1992]
The Board of County Commissioners of Cecil County reserves the right to show preference to local bidders in the purchase of supplies, equipment and services. The amount shall not exceed 6% of the amount bid or quoted and/or $60,000, whichever is less. A "local bidder" is defined as an individual or business who maintains a place of business or maintains an inventory of merchandise and/or equipment in Cecil County, is licensed by Cecil County and/or the State of Maryland, if required, and is subject to Cecil County real and/or personal property taxes. Any local bidder in default on payment of any county or state tax or license shall not be eligible to receive preference until all taxes or licenses due are paid. Notice of preference availability shall be included in the invitation to bid and in all advertisements.
Bid protest. [Added 12-15-1992]
| A. |
Definitions. In this section, the following words have the meanings indicated: |
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BID PROTEST BOARD - The County Administrator, the Purchasing Officer or the Director of Public Works (whichever agency is not involved with the protest), and a third member selected at the discretion of the County Administrator.
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INTERESTED PARTY - An actual or prospective bidder, offerer or contractor that may be aggrieved by the solicitation or award of a contract, or by the protest.
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PROCUREMENT OFFICER - Either the Purchasing Officer or the Director of the Department of Public Works or their respective designee.
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PROTEST - A complaint relating to the solicitation or award of a procurement contract.
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PROTESTER - An actual or prospective bidder, offerer or contractor who is aggrieved in connection with the solicitation or the award of a contract and who files the protest.
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| B. |
Filing of protest.
| (1) |
An interested party may protest to the appropriate Procurement Officer against the award or the proposed award of a contract subject to this title, except a contract for architectural or engineering services. |
| (2) |
The protest shall be in writing and addressed to the Purchasing Officer or to the Director of the Department of Public Works, depending on who is responsible for the procurement. |
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| C. |
Time for filing.
| (1) |
A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the closing date for receipt of initial proposals shall be filed before bid opening or the closing date for receipt of initial proposals. For procurement by competitive sealed proposals, alleged improprieties that did not exist in the initial solicitation but which are subsequently incorporated in |
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