<?xml version='1.0' encoding='utf-8'?>
<section number="10A-105" name="Regulations and procedures" law="code" slug="sec-10a-105" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10APU_DIV1ADPR_S10A-105REPR">
  <level label="a">
    <text>The Purchasing Agent is hereby empowered to issue such procurement regulations and procedures as the Purchasing Agent may deem necessary or appropriate to implement any provision of this Subtitle. Except as otherwise expressly provided in this Subtitle or otherwise required by law, any procurement regulation or procedure issued by the Purchasing Agent shall take effect at such time as designated by the Purchasing Agent and shall be binding upon all persons.</text>
  </level>
  <level label="b">
    <text>Except as otherwise provided under Division 6, Subdivision 1 of this Subtitle, regulations shall be recommended by the Purchasing Agent for approval by County Council resolution governing the following to carry out the purposes of this Subtitle:</text>
    <level label="1">
      <text>Sole source procurements;</text>
    </level>
    <level label="2">
      <text>Emergency procurements; and</text>
    </level>
    <level label="3">
      <text>Special circumstance procurements.</text>
    </level>
  </level>
  <level label="c">
    <text>Amendments to any approved rule or regulation on any matter governed by Subsection (b) may only be recommended by the Purchasing Agent to the County Council for its approval by resolution.</text>
  </level>
  <level label="d">
    <text>Notwithstanding this Section, on an annual basis, the Purchasing Agent shall evaluate the need for amendments to any approved rule or regulation. Such determinations shall be reviewed and approved by the County Executive or designee and submitted to the County Council.</text>
  </level>
  <level label="e">
    <text>Any modification to the procurement process involving any type of procurement through means such as a memorandum or interim regulation shall require written notice to the County Council.</text>
  </level>
  <level label="f">
    <text>The Purchasing Agent, or their designee, shall conduct investigations for the purposes of ensuring compliance with the procurement regulations and procedures set forth in Subsection (a) by all Contractors, and take action pursuant to Section 10A-151.</text>
  </level>
  <level label="g">
    <text>Simplified Procurement Procedures.</text>
    <level label="1">
      <text>For procurements determined to involve commercial products or commercial services (as defined in Section 10A-101), the County shall apply streamlined solicitation procedures and contract terms. Specifications shall favor performance or function-based descriptions over detailed design or excessive technical specificity, when commercial items or services can satisfy the requirement.</text>
    </level>
    <level label="2">
      <text>Procurement of commercial products/services may allow fewer formalities: abbreviated solicitations, more rapid turnaround, and simplified evaluation criteria or documentation, consistent with fairness and County law.</text>
    </level>
    <level label="3">
      <text>Misuse of commercial acquisition procedures, including misclassification of non-commercial requirements as commercial to avoid required procedures, failure to conduct required market research, or inclusion of unnecessarily burdensome contract clauses, may subject the procurement to corrective review.</text>
    </level>
  </level>
  <level label="h">
    <text>Market Research Requirement. Market research should be conducted for all procurements. The results of such market research shall be documented and maintained with all contract files and purchase card records.</text>
  </level>
  <level label="i">
    <text>Acceptance, Warranty, and Termination. For commercial procurements, contract terms for acceptance, warranty, and termination may follow customary commercial practice unless the County determines that additional protections are required due to risk, urgent need, or public interest.</text>
  </level>
  <level label="j">
    <text>Training and Guidance. The Purchasing Agent shall develop and make available guidance materials and provide training for County procurement staff in applying commercial acquisition principles, including how to make commercial determinations, conduct market research, prepare performance-based specifications, and tailor contract terms and requirements.</text>
  </level>
  <level label="k">
    <text>Micro-purchases.</text>
    <level label="1">
      <text>For purchases not exceeding the micro-purchase threshold (as defined in Section 10A-101), County agencies may employ minimal formality procedures, including the use of purchase cards and written quotes while maintaining accountability.</text>
    </level>
    <level label="2">
      <text>Such regulations shall include appropriate requirements for County-based small business and minority business participation but shall not require competition.</text>
    </level>
  </level>
</section>
