# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 11B. Contracts and Procurement.

### Article IX. Management and Disposal of Goods.

**Sec. 11B-43. Definitions.**

  In this Article, unless the context indicates otherwise, the following terms have the following meanings:

  (a)   Goods means goods owned by the County.

  (b)   Surplus Goods means goods no longer of use to the County.

**Sec. 11B-44. Management and disposal of goods.**

  (a)   The Director must ensure the management of goods during their entire life cycle.

  (b)   Except as provided in subsection (f), the Director must dispose of surplus goods. In disposing the surplus goods, the Director may sell the goods by any competitive method which the Director determines is likely to bring the highest return to the County.  These methods may include sealed bids, public auction, or trade in or exchange of goods.  The Director may sell surplus goods by private sale if the Director determines that open competition is not likely to bring the highest return to the County.

  (c)   After public notice, the Chief Administrative Officer may give, loan, or sell below fair market value, surplus goods to another public entity if the Chief Administrative Officer determines the disposition would benefit the residents of Montgomery County.  Public notice may be given through the Montgomery County Register.

  (d)   If surplus goods have no resale or scrap value, the Director may dispose of the goods in any responsible manner.

  (e)   Notwithstanding any other provision of County law, any gun that is surplus must be destroyed.

  (f)   During a period when the County is under a state of emergency order issued by the Federal, State, or County governments, the Director of the Office of Emergency Management and Homeland Security or the Director’s designee may dispose of goods donated to the County for use in the emergency without using a competitive method if:

    (1)   the Director determines that the goods would be useful to others during the emergency; and

    (2)   the goods are disposed of consistent with emergency procedures and prioritization guidelines established either by the public official declaring the state of emergency or by the Executive.