Expedited Bill No.                           7-15           

Concerning: Reorganization – Executive Branch -              Procurement                     

Revised:    January 23, 2015 Draft No. 1

Introduced:      February 3, 2015            

Enacted:         March 17, 2015              

Executive:       March 26, 2015              

Effective:        March 26, 2015              

Sunset Date:  None                              

Ch.   13    , Laws of Mont. Co.    2015    

 

County Council

For Montgomery County, Maryland

 

By: Council President at the Request of the County Executive

 

AN EXPEDITED ACT to:

(1)        establish the Office of Procurement as a principal Office of the Executive Branch;

(2)        Transfer procurement related functions to the Office of Procurement; and

(3)        generally amend the law regarding procurement and related functions.

 

By amending

            Montgomery County Code

            Chapter 1A, Structure of County Government

            Section 1A-201

 

            Chapter 2, Administration

            Sections 2-30 and 2-64N

 

            Chapter 11B, Contracts and Procurement

            Section 11B-1

 

            Chapter 19, Erosion, Sediment Control and Stormwater Management

            Section 19-29A

 

Boldface Heading or defined term.

Underlining Added to existing law by original bill.

[Single boldface brackets] Deleted from existing law by original bill.

Double underlining Added by amendment.

[[Double boldface brackets]] Deleted from existing law or the bill by amendment.

* * * Existing law unaffected by bill.

 

 

 

 

 

 

The County Council for Montgomery County, Maryland approves the following Act:


Sec. 1.  Sections 1A-201, 2-30, 2-64N, 11B-1, and 19-29A are amended as follows:

1A-201.  Establishing departments and principal offices.

(a)     Executive Branch.

(1)     These are the departments and principal offices of the Executive Branch.

*        *        *

Procurement [Section 2-64N]

*        *        *

Division 5.  DEPARTMENT OF GENERAL SERVICES.

2-30. Department of General Services - Functions.

The Department of General Services must:

[(a)    administer, through the Office of Procurement, the procurement system under Chapter 11B;]

[(b)] (a)       acquire and dispose of real property, except real property used (or intended to be used) for right-of-way governed under Chapter 49, including roads, streets, highways, bridges, culverts, storm drainage systems, pedestrian and bicycle pathways and walkway systems;

[(c)] (b)       design and build County buildings, including public parking facilities under Chapter 60;

[(d)] (c)       maintain County vehicles, including heavy and light equipment and transit equipment;

[(e)] (d)       remodel and renovate County buildings, except public parking facilities under Chapter 60, which remain open during the remodeling or renovation;

[(f)] (e)        repair and maintain County buildings, except public parking facilities under Chapter 60;

[(g)] (f)       manage County property and identify and acquire real property needed for the operation of County government;

[(h)] (g)       plan and implement the use of space in County buildings; and

[(i)] (h)        operate mail, printing, duplication, and archiving services.

Division 20.  OFFICE OF PROCUREMENT.

2-64N.  Functions.

[The Office of Procurement is part of the Department of General Services.]  The Office of Procurement must:

*        *        *

11B-1.  Definitions

*        *        *

Director means the Director of the Office of Procurement [Department of General Services] or the Director’s designee.

*        *        *

19-29A. Watershed restoration grants program.

*        *        *

(b)     To identify non-profit organizations to perform water quality protection or improvement activities, the Director of the [Department of General Services] Office of Procurement may issue a competitive solicitation under Chapter 11B that is limited to non-profit organizations.

*        *        *

Sec. 2.  Transition.  Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred.  The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with the Procurement Law and Regulations is transferred to the Office of Procurement.

Sec. 3.  Expedited Effective Date.  The Council declares that this legislation is necessary for the immediate protection of the public interest.  This Act takes effect on the date it becomes law.

Approved: