Article III. Methods of Source Selection.
Montgomery County, Md., Code § 11B-9 (2026)
Sec. 11B-9. Formal solicitation - competitive sealed bidding.LinkCopy Citation
(a)
Conditions for use. Contracts must be awarded by competitive sealed bidding except as otherwise authorized in this Chapter or regulations. Competitive sealed bidding is initiated by issuing an invitation for bids.
(b)
Invitation for bids. An invitation for bids must include specifications, evaluation criteria including the procedure for resolving tie bids, and all contractual provisions applicable to the procurement.
(c)
Public notice. The Director must give public notice of an invitation for bids a reasonable time before the date set for the opening of bids.
(d)
Bid opening. Bids must be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid, and other relevant information as may be specified by regulation, together with the name of each bidder, must be recorded. The record and each bid is open to public inspection.
(e)
Bid acceptance and bid evaluation.
(1)
Bids must be unconditionally accepted without alteration or correction, except as authorized by regulation.
(2)
Bids must be evaluated based on the requirements set forth in the invitation for bids.
(A)
An invitation for bids may include criteria to determine the acceptability of a bid such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. A bid that is not acceptable must not be considered for contract award.
(B)
All criteria in the invitation for bids that affect the evaluation of the bid price must be objectively measurable, such as discounts, transportation costs, and total or life cycle costs.
(f)
Correction or withdrawal of bids; cancellation of awards.
(1)
Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on bid mistakes, may be permitted under regulations. A decision to permit the correction or withdrawal of a bid, or to cancel a contract award based on a bid mistake, must be supported by a written determination made under regulations.
(2)
After bid opening changes in bid prices or other provisions of bids prejudicial to the interest of the County or fair competition must not be permitted.
(g)
Award. The contract may be awarded to the responsible and responsive bidder who submits the lowest bid which meets the requirements and criteria set forth in the invitation for bids. In determining whether a bid is responsive, the Director may waive a minor informality if the Director determines that a waiver is in the best interests of the County. A minor informality means a requirement in a bid which is merely a matter of form or is an immaterial provision in the solicitation. The Director may determine the defect in the bid to be immaterial when the significance of the defect as to price, quantity, quality, or delivery is trivial or negligible when contrasted with the total cost or scope of the procurement. The decision of the Director with respect to whether a requirement is a minor informality is final and may not be challenged by a bidder.
(h)
Multiple awards. Multiple awards may be made under a single invitation for bids if the invitation for bids provides for multiple awards.
(i)
Tie Bids. If the Director makes an award, the Director must award a contract to the County-based bidder when there is a tie bid between a County-based bidder and a non County-based bidder.
(j)
Reciprocal preference for County-based bidder.
(1)
In making an award under this Section, the Director must give a preference to a responsible and responsive County-based bidder if:
(A)
a non County-based bidder is the lowest responsible and responsive bidder;
(B)
the non County-based bidder has its principal place of business in a state or political subdivision that gives a preference to its residents; and
(C)
a preference does not conflict with a federal law or a grant affecting the purchase or contract.
(2)
A preference given under this subsection must be identical to the preference that the other state or political subdivision gives to its residents.
(3)
A preference must not be given under this subsection if it would result in an award to a County-based bidder when:
(A)
a non County-based bidder has submitted a lower responsible and responsive bid than any County-based bidder before the application of any reciprocal preference; and
(B)
the non-County-based bidder has its principal place of business in a state or political subdivision that does not give a preference to its resident.
Montgomery County, Md., Code § 11B-10 (2026)
Sec. 11B-10. Formal solicitation - competitive sealed proposals.LinkCopy Citation
(a)
Conditions for use. Generally a contract for professional services should be awarded by competitive sealed proposals. Professional services include services of attorneys, physicians, architects, and engineers. If the Director determines that the use of competitive sealed bidding is not practical or advantageous to the County, a contract may be awarded by competitive sealed proposals.
(b)
Request for proposals. Competitive sealed proposals must be initiated through a request for proposals.
(c)
Public notice. The Director must give public notice of a request for proposals a reasonable time before the date set for submission of proposals.
(d)
Evaluation and method of award.
(1)
A request for proposals must contain evaluation factors and an explanation of how the rank of an offeror will be determined, including the procedure for resolving ties in ranking. Evaluation factors must include factors related to the technical quality of the proposal or the ability of the offeror, or both. Evaluation factors may include price. The evaluation process may involve one or more steps.
(2)
If the Director determines that a sufficiently detailed scope of services has been developed to allow for selection of a contractor on the basis of price, the evaluation process may provide for the selection of a proposed contractor by requiring all offerors who meet pre-established levels of competency as reflected in scores awarded by the qualification and selection committee to compete for the contract award on the basis of price alone. Price submissions must be submitted in a sealed offer. If required in the Request for Proposal, the price proposal must be binding on the offeror. The price proposal may be submitted at any point during the evaluation process as stated in the Request for Proposals. If the Director decides to award a contract on price alone, the Director must award a contract to the County-based offeror when a qualified County-based offeror and a qualified non County-based offeror have submitted equally ranked price proposals.
(e)
Qualification and selection committee. A qualification and selection committee must review and evaluate the proposals and recommend in order of preference the most qualified offerors.
(f)
Approval of contract awards.
The Director must approve the proposed ranking of offerors. If a County-based offeror and a non County-based offeror each receive an identical ranking score, the Director must consider the County-based offeror to be the higher ranked offeror.
(g)
Negotiation with responsible offerors.
Unless a binding offer has been required under the request for proposal, the Director may negotiate a contract with the approved top-ranked offeror. If a contract cannot be successfully negotiated with the top-ranked offeror, the Director may authorize that negotiations be undertaken with the next highest ranked offeror. If the Director approves, negotiations may be undertaken simultaneously with two or more of the top ranked offerors. If a binding offer has been required under the Request for Proposals, the Director may enter into a contract with the top-ranked offeror without negotiation.
(h)
Multiple awards.
Multiple awards may be made under a single request for proposals if the request for proposals provides for multiple awards.
Montgomery County, Md., Code § 11B-11 (2026)
Sec. 11B-11. Request for expressions of interest.LinkCopy Citation
(a)
Conditions of use. A request for expressions of interest may be used to:
(1)
obtain essential procurement information needed to prepare a subsequent solicitation;
(2)
develop a ready source of potential bidders or offerors who can respond within a short time frame to a subsequent solicitation; or
(3)
resolve technological or programmatic questions relative to how government requirements can best be supplied.
(b)
Evaluation. A request for expressions of interest must contain evaluation factors and an explanation of how the list of bidders or offerors who will be eligible to receive a subsequent solicitation will be determined.
(c)
Public notice. As determined by the Director, public notice of the request for expressions of interest must be given a reasonable time prior to the date set for submission of proposals in accordance with regulations.
(d)
Qualification and selection committee. A qualification and selection committee must review and evaluate the proposals and recommend a list of bidders or offerors who will be eligible to receive a subsequent solicitation.
(e)
Director. The Director must approve, disapprove, or remand a recommendation for the proposed list of bidders or offerors eligible to receive a subsequent solicitation.
(f)
Subsequent solicitation. A request for expressions of interest does not directly lead to the award of a contract. Only those bidders or offerors determined to be eligible to receive a subsequent solicitation may participate in the subsequent solicitation. A subsequent solicitation may be accomplished through competitive sealed bids, competitive sealed proposals, or an informal solicitation. Proposals received under a request for expressions of interest may form a basis for justifying a noncompetitive contract award.
Montgomery County, Md., Code § 11B-12 (2026)
Sec. 11B-12. Competitive negotiations.LinkCopy Citation
(a)
Competitive negotiation may be used if:
(1)
no bid or proposal is received or only one bid is received by the time and date specified in the solicitation;
(2)
none of the bids or proposals received are acceptable;
(3)
none of the bids or proposals received meets County price or budget limitations, including fairness and reasonableness of price; or
(4)
none of the bidders or offerors are responsible.
(b)
The Director must announce by public notice the County's intent to enter into competitive negotiations. The public notice must name the person with whom the County intends to negotiate.
(c)
If no timely bid or proposal is received or only one timely bid is received, competitive negotiations may take place concurrently with all those solicited who indicate a desire to participate in the negotiations. If more than one bid or proposal is received, negotiations may be held with the bidder or offeror who most nearly meets the County's requirements, including price, to attempt to negotiate an acceptable offer. If negotiations fail with the most qualified bidder or offeror, negotiations may proceed to the next most qualified bidder or offeror.
Montgomery County, Md., Code § 11B-13 (2026)
Sec. 11B-13. Informal solicitation.LinkCopy Citation
A contract may be awarded under an informal solicitation if requirements, which should include monetary thresholds, established under regulations are met. An informal solicitation is a means to select a contractor other than by competitive sealed bids or competitive sealed proposals.
Montgomery County, Md., Code § 11B-14 (2026)
Sec. 11B-14. Non-competitive contract award.LinkCopy Citation
(a)
A contract may be awarded without competition if the Chief Administrative Officer makes a written determination that the contract award serves a public purpose and:
(1)
there is only one source for the required goods, service, or construction which can meet the minimum valid needs of the County, including timeliness of performance;
(2)
the contract is in connection with potential or pending litigation, condemnation, or collective bargaining;
(3)
a proposed contractor or subcontractor has been specifically identified in a grant accepted by the County; or
(4)
a proposed contractor has been identified in an appropriation resolution approved by the Council.
(b)
A non-competitive award under paragraph (a)(1) must not be made without the approval of the Chief Administrative Officer if the value of the award exceeds the monetary threshold for an informal solicitation under Section 11B-13.
Montgomery County, Md., Code § 11B-15 (2026)
Sec. 11B-15. Open solicitation.LinkCopy Citation
(a)
The Director may award a contract to a person who meets pre-established minimum qualifications under an open solicitation. An open solicitation may only be used when the County can utilize the goods or services of all qualified offerors and expects to award a contract to each qualified person who applies for a contract subject to the availability of funds. An open solicitation permits the County to receive and act on an application for a contract award on a continuing basis.
(b)
An open solicitation must be accomplished under a plan approved by the Chief Administrative Officer which:
(1)
provides for periodic review and approval by the Chief Administrative Officer;
(2)
establishes a process for a person to apply for a contract;
(3)
provides for periodic public notice inviting potential contractors to apply for a contract;
(4)
establishes the criteria under which an application for a contract will be accepted or rejected;
(5)
uses a preapproved form contract which must be entered into by a successful applicant; and
(6)
ensures that the cost of all contracts entered into under the open-ended solicitation will not exceed available funds.
Montgomery County, Md., Code § 11B-16 (2026)
Sec. 11B-16. Emergency procurement.LinkCopy Citation
The Director may make or may authorize the head of a using department to make an emergency procurement when there exists a threat to public health, welfare, or safety under emergency conditions as defined in regulations. An emergency procurement must be made with competition to the extent practical under the circumstances.
Montgomery County, Md., Code § 11B-17 (2026)
Sec. 11B-17. Dissemination of confidential information prohibited.LinkCopy Citation
The County Executive must adopt regulations prohibiting the dissemination of confidential information or documents to protect the integrity and competitive nature of the procurement system.
Montgomery County, Md., Code § 11B-17A (2026)
Sec. 11B-17A. Internet Posting Requirements.LinkCopy Citation
(a)
Each using department must post each planned informal solicitation to purchase goods, services, and construction, with a value greater than $10,000 and less than $100,000, on a County web site for 5 business days before making a purchase or entering into a contract. Each purchase must be made as provided under Section 11B-13.
(b)
Each posting must contain:
(1)
the name and a brief description of the goods, services, or construction being procured;
(2)
the delivery schedule;
(3)
contact information for the department employee responsible for the purchasing; and
(4)
any other applicable performance requirement.
(c)
The Director may waive this posting requirement when a purchase is necessary to meet an imminent threat to public health, welfare, or safety. The Director must keep records on the number of waivers issued and the reason for each waiver, and must report this information to the Director of Economic Development, who must include this information in the annual report on the Local Small Business Reserve Program under Section 11B-69(b).