Maryland County Commissioners Section 37A

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      (a)      (1)      Except as provided in subsection (b) of this section, in Cecil County the following purchases of goods and services shall be by competitively bid contract awarded to the lowest responsive and responsible bidder:

                  (i)      Any construction or repair of any bridge or road; and

                  (ii)      Any purchase or lease of any road or construction equipment or machinery.

            (2)      Except as provided in subsection (b) of this section, the County Commissioners of Cecil County shall advertise for bids on any such contract in:

                  (i)      1 or more newspapers published in Cecil County; or

                  (ii)      Such public notice as they deem most advisable, if no newspaper is published in Cecil County.

            (3)      The public notice required by this subsection shall:

                  (i)      Be given at least once;

                  (ii)      Appear at least 1 week, but not more than 30 days, before the final date for submitting bids;

                  (iii)      If the contract pertains to bridge or road work, set forth the place where the bridge or road is to be constructed or repaired;

                  (iv)      Set forth a description of the goods or services being bid on;

                  (v)      Provide notice that sealed proposals for the goods or services will be received until a day named in the advertisement; and

                  (vi)      Provide notice of the date for the opening of the bids.

      (b)      (1)      Subsection (a) of this section does not apply to an expenditure by Cecil County that:

                  (i)      Is $10,000 or less in amount; or

                  (ii)      A majority vote of the County Commissioners has declared to be an emergency expenditure; provided that such a vote shall be a recorded vote taken at a public meeting of the County Commissioners before providing for the expenditure.

            (2)      In any case where the expenditure is $10,000 or less in amount, or which has been declared to be an emergency expenditure, the following shall be in the discretion of the Cecil County Commissioners:

                  (i)      The manner of providing for the expenditure, including whether the work shall be done by contract or otherwise; and

                  (ii)      If done by contract, the manner of letting the contract.

      (c)      Any willful violation of this section is a misdemeanor punishable by a fine of not more than $1,000.

      (d)      (1)      The County Commissioners of Cecil County may not enter into any contract for the construction or repair of any bridge or road or the purchase or lease of any road construction equipment or machinery except in accordance with the provisions of this section.

            (2)      A contract that is entered into in violation of the provisions of subsection (a) of this section is void, unless:

                  (i)      It is determined in a subsequent judicial review that good faith has been shown by all parties; and

                  (ii)      There has been substantial compliance with the provisions of subsection (a) of this section.

            (3)      If a contract is void under this subsection, the contractor shall be compensated for costs actually incurred if the contractor:

                  (i)      Acted in good faith;

                  (ii)      Did not directly contribute to the violation; and

                  (iii)      Did not have knowledge of the violation.

// SPECIAL NOTE: THE ABOVE SECTION WAS CHANGED BY CHAPTER 441 OF 2004 AND WILL REMAIN IN EFFECT UNTIL SEPTEMBER 30, 2006 //

      (a)      (1)      Except as provided in subsection (b) of this section, in Cecil County the following purchases of goods and services shall be by competitively bid contract awarded to the lowest responsive and responsible bidder:

                  (i)      Any construction or repair of any bridge or road; and

                  (ii)      Any purchase or lease of any road or construction equipment or machinery.

            (2)      Except as provided in subsection (b) of this section, the County Commissioners of Cecil County shall advertise for bids on any such contract in:

                  (i)      1 or more newspapers published in Cecil County; or

                  (ii)      Such public notice as they deem most advisable, if no newspaper is published in Cecil County.

            (3)      The public notice required by this subsection shall:

                  (i)      Be given at least once;

                  (ii)      Appear at least 1 week, but not more than 30 days, before the final date for submitting bids;

                  (iii)      If the contract pertains to bridge or road work, set forth the place where the bridge or road is to be constructed or repaired;

                  (iv)      Set forth a description of the goods or services being bid on;

                  (v)      Provide notice that sealed proposals for the goods or services will be received until a day named in the advertisement; and

                  (vi)      Provide notice of the date for the opening of the bids.

      (b)      (1)      Subsection (a) of this section does not apply to an expenditure by Cecil County that:

                  (i)      Is $7,500 or less in amount; or

                  (ii)      A majority vote of the County Commissioners has declared to be an emergency expenditure; provided that such a vote shall be a recorded vote taken at a public meeting of the County Commissioners before providing for the expenditure.

            (2)      In any case where the expenditure is $7,500 or less in amount, or which has been declared to be an emergency expenditure, the following shall be in the discretion of the Cecil County Commissioners:

                  (i)      The manner of providing for the expenditure, including whether the work shall be done by contract or otherwise; and

                  (ii)      If done by contract, the manner of letting the contract.

      (c)      (1)      Notwithstanding any other provision of law, in Cecil County a particular contractor may not be awarded, during any 2-month period, more than a total of $20,000 worth of contracts which are not competitively bid.

            (2)      The limitation established by this subsection does not apply to emergency contracts. However, before the awarding of an emergency contract, a majority of the County Commissioners shall have affirmed the existence of an emergency. The vote of the Commissioners in declaring the emergency shall be recorded in the minutes of the next public meeting of the Commissioners.

      (d)      Any willful violation of this section is a misdemeanor punishable by a fine of not more than $1,000.

      (e)      (1)      The County Commissioners of Cecil County may not enter into any contract for the construction or repair of any bridge or road or the purchase or lease of any road construction equipment or machinery except in accordance with the provisions of this section.

            (2)      A contract that is entered into in violation of the provisions of subsection (a) of this section is void, unless:

                  (i)      It is determined in a subsequent judicial review that good faith has been shown by all parties; and

                  (ii)      There has been substantial compliance with the provisions of subsection (a) of this section.

            (3)      If a contract is void under this subsection, the contractor shall be compensated for costs actually incurred if the contractor:

                  (i)      Acted in good faith;

                  (ii)      Did not directly contribute to the violation; and

                  (iii)      Did not have knowledge of the violation.