Sec. 11B-72. Scope of Article.
Montgomery County, Md., Code § 11B-72 (2026)
Sec. 11B-72. Scope of Article.LinkCopy Citation
(a)
This Article applies to a service contract that the Director finds will, if awarded:
(1)
exceed an estimated annualized cost of $75,000; and
(2)
adversely affect a public employee, as defined in Section 11B-71(b), by reducing or eliminating work already performed by County employees when the contract is solicited.
The Director must adjust the amount in paragraph (1) every 2 years to reflect the aggregate increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the previous 2 years. The Director must calculate the adjustment to the nearest multiple of $100.
(b)
This Article does not apply to:
(1)
a contract that is primarily to obtain goods or construction, but includes services related to the procurement of the goods or construction;
(2)
a contract that the Director finds is necessary to meet an imminent threat to public health, welfare, or safety;
(3)
a contract for services provided by a public entity;
(4)
a contract for services provided by a local small business under the Local Small Business Reserve Program; or
(5)
a non-competitive contract awarded by the Chief Administrative Officer under Section 11B-14(a)(4).
(c)
This Article does not apply to or limit the authority of a Department or Office Director to abolish a bargaining unit position or conduct a reduction-in-force.
(d)
This Article does not apply to or limit any contract for:
(1)
any service that the County Council authorizes or requires to be provided by an independent contractor;
(2)
any service by a consultant; or
(3)
any professional service, unless that service is provided by bargaining unit employees when the contract is solicited.