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Statutes Text

Article - Housing and Community Development




§16–402.

    (a)    (1)    This subtitle applies to a service contract that:

            (i)    is solicited by the Montgomery Commission as a management plan intended to adversely affect Montgomery Commission employees represented by a certified representative; and

            (ii)    in the estimation of the Montgomery Commission procurement officer, will exceed an annual cost of $75,000 as calculated under paragraph (2) of this subsection.

        (2)    The Montgomery Commission shall adjust the annual cost estimation described in paragraph (1)(ii) of this subsection to the nearest $100 every 2 years, beginning on October 1, 2008, to reflect any aggregate increase in the Consumer Price Index for all urban consumers, for the Washington Metropolitan Area, or any successor index, for the previous 2 years.

    (b)    This subtitle does not apply to:

        (1)    solicitation of a service contract as part of a management plan and not for a present or eventual purpose of adversely affecting Montgomery Commission employees represented by the certified representative;

        (2)    solicitation of a service contract for which the primary purpose is to obtain goods or construction services;

        (3)    solicitation of a service contract that the Montgomery Commission’s purchasing officials reasonably believe and express in writing may negatively affect the potential for participation by a minority, female, or disabled owned business in the Montgomery Commission’s minority, female, and disabled persons program under procurement policies, as amended;

        (4)    solicitation of a service contract for a service provided by a consultant;

        (5)    solicitation of a service contract for a professional service, unless the scope of service is provided by bargaining unit employees when the contract is solicited;

        (6)    solicitation of a service contract that the Montgomery Commission reasonably believes is:

            (i)    necessary to meet an emergent or imminent threat to public health, welfare, or safety;

            (ii)    required to comply with the requirements of any grant related to the funding of that contract; or

            (iii)    related to the settlement of an insurance claim;

        (7)    solicitation of a service contract that is in the best interest of an employee based on a need for specialized safety experience or expertise;

        (8)    solicitation of a service contract for any service provided by a public entity or provided to the Montgomery Commission in accordance with a public–private partnership with a private entity;

        (9)    solicitation of a service contract to be awarded on a noncompetitive basis in accordance with all applicable laws, rules, and regulations regarding those contracts;

        (10)    a service contract entered into prior to October 31, 2008;

        (11)    the renewal or rebidding of a service contract entered into prior to October 31, 2008, if the renewal or rebidding of the service contract does not result in a greater adverse effect on bargaining unit employees than existed prior to its renewal or rebidding;

        (12)    solicitation of a service contract for a capital improvement project, a U.S. Department of Housing and Urban Development 236 property, a newly–acquired or developed property, unless that property is both owned and managed by the Montgomery Commission, or an asset management project;

        (13)    solicitation of any class, type, category, or particular service contract that the Montgomery Commission reasonably believes should be performed by an independent contractor to eliminate a conflict of interest otherwise apparent if the services are performed by a bargaining unit employee;

        (14)    solicitation of any class, type, category, or particular service contract when the need for the service or activity is such that the time necessary for the analysis required under § 16–403 of this subtitle would:

            (i)    result in damage to Montgomery Commission property;

            (ii)    result in injury to individuals; or

            (iii)    substantially hinder the objective of constructing or maintaining safe, sanitary, and decent properties and facilities; or

        (15)    a service contract required to comply with an applicable rule, regulation, or guideline established by the U.S. Department of Housing and Urban Development.

    (c)    This subtitle does not apply to or limit the authority of the Montgomery Commission to abolish a bargaining unit position or conduct a reduction in force.



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