purchasing manual appendices table of contents · 2018-02-20 · ams gas boy qualstar corp. ......

Purchasing Manual Effective Date: 07/01/05 Updated: 11/18/2008

Purchasing Manual

Appendices

Table of Contents Appendix A-1: Central Purchasing Division Contact Information Appendix A-2: Commission Organizational Units Appendix B: Delegation of Authority Appendix C: National Institute of Government Purchasing Code Of Ethics Appendix D: Practice 3-31 - Fraud, Waste & Abuse Appendix E: Insurance Requirements & Checklists Appendix F: Practice 4-10 - Purchasing Appendix G: Purchasing Dollar Thresholds Appendix H-1: List of High & Low Risk Activities Appendix H-2: List of High & Low Risk Contractual Service Activities Appendix I: “How to Do Business With the Commission” Vendor Guide Appendix J: Informal Bidders List Appendix K: Approved Vehicles for Public Notice Appendix L: Montgomery County Public/Private Partnerships Appendix M: Contract Information System Appendix N: Purchase Card Program Policy and Procedure Manual Appendix O: Debarred Vendor Resources Appendix P: Sample General Terms & Conditions Appendix Q: MFD Resources Appendix R: Contract Information Appendix S: Definitions Appendix T: Purchasing Forms


Appendix A-1: Central Purchasing Division Contact Information

Central Purchasing Division Department of Finance Executive Office Building 6611 Kenilworth Avenue Riverdale, MD 20737 Main Line: (301) 454-1600 Fax: (301) 454-1606

Purchasing Manager Nancy Keogh Phone: (301) 454-1600 Email: [email protected]

Contract Technician Sandra Bryant Phone: (301) 454-1600 Email: [email protected]

Contract Technician Flora Lindsay Phone: (301) 454-1531 Email: [email protected]

Sr. Contract Specialist / Purchase Card Administrator

Mechelle Myers Phone: (301) 454-1604 Email: [email protected]

Sr. Contract Specialist Jana Harris Phone: (301) 454-1603 Email: [email protected]

Sr. Contract Specialist Tina Baham Phone: (301) 454-1602 Email: [email protected]

Contract Specialist/Purchase Card Coordinator

Cynthia Sennett Phone: (301) 454-1614 Email: [email protected]

POPS Administrator Chip Bennett Phone: (301) 454-1629 Email: [email protected]

Field Purchasing Specialist

Pamela Graves (Prince George’s Park Planning and Development) Phone: (301) 699-2569 Email: [email protected]


Linda Rodecap (Montgomery Park and Planning Department) Phone: (301) 495-2535 Email: [email protected]



Laurel Hollingsworth Phone: (301) 495-2537 Email: [email protected]


Rhonda Brown Phone: (301) 495-2546 Email: [email protected]


Appendix A-2: Commission Organizational Units

Central Administrative Services: Prince George’s Office of the Planning Board

Department Human Resources & Prince George’s Planning Department Management Prince George’s Planning Support Services

Executive Office Building Internal Service Prince George’s Park & Recreation Fund Department:

Finance Department Allentown Legal Department Area Operations Administration Merit Board Arts & Cultural Heritage Division Support Services Bladensburg Marina Central Area

Montgomery Commissioner’s Office Child Care & Special Projects Montgomery Planning College Park Airport Montgomery Planning Support Services Cosca Tennis Bubble – Regional Park

Facilities Montgomery Parks: Ellen Linson Pool

Armory Place Conference Center Enterprise Golf Course Black Hill Boat Shop Enterprise Administration Brookside Gardens Tour Program Facility Operations Administration Cabin John Miniature Train & Snack Bar Fairland Aquatics Center Cabin John Ice Rink Hamilton Pool Central Maintenance Henson Creek Golf Course Enterprise Administration Office Herbert W. Wells Ice Rink Lake Needwood Boating Facility Historic Sites, each (6) Little Bennett Campsites J. Franklin Bourne Pool Lodge at Little Seneca Creek Conference Lane Manor Pool Center Maintenance & Development Division

Management Services Division Natural & Historical Resources Division Natural Resources N. Barnaby Pool Northern Region Northern Area Park Planning, Engineering & Design Office of the Director Park Police Paint Branch Golf Course Property Management Park Police Regional Snack Bars, each Park Permits Rockwood Conference Center Planning, Design, & Research Division Southern Region Prince George’s Equestrian Center Support Services Prince George’s Trap & Sheet Center Wheaton Ice Rink Property Management Wheaton Miniature Train Recreation Centers, each (42) Wheaton Indoor Tennis Southern Area Woodlawn Conference Center Special Populations Division Sports, Athletics, & Outreach Division Support Services Theresa Banks Pool Tucker Road Ice Rink Watkins Summer Program – Regional

Park Facilities


Appendix B: Delegation of Authority

This Appendix lists the delegations of authority that have been given to the Purchasing Manager.

IT IS INTENDED THAT APPENDIX B BE UPDATED FROM TIME TO TIME.

Appendix B-1 Contract Signature Authority

1. The Executive Director has delegated signature authority to the Purchasing Manager for the following types of Contracts:

a. Resale up to $50,000

b. Miscellaneous Services up to $50,000

c. Supplies and Goods up to $50,000

d. Performer Contracts up to $50,000

e. Maintenance Contracts up to $50,000

f. Instructor Contracts up to $50,000

g. Software maintenance (fixes, patches, upgrades, etc.) is typically handled by the software developer and its company; therefore, it is usually not possible for another company or organization to provide software maintenance. In addition, many hardware systems companies are the only suppliers of hardware maintenance. Therefore, sole source approval is granted for the following IT maintenance contracts after the Purchasing Division verifies that such company is the only supplier of maintenance for such hardware and/or software:

Ad-Aware Evolution PerformanceAdobe FileNet PersonalityAlcamy Four Rivers PrescientAMS Gas boy QualStar Corp.Authsec Good Steward RecwareAutocad Hansen Robelle SolutionsBIO-key Hewlett Packard SpeedwareCheckpoint Highline (P2K) Spy HunterCisco Hummingbird SurfControl Citrix (Advantage) Ismart Sybari (Antigen)Class Kronos Symantec (Veritas)Cold Fusion Lanview Tier TechnologiesCybernetics Net Check Pro VertexDameware Oracle VeritasEvare

h. Sole source approval for the following software systems is granted because a standardization process has been conducted and/or approved by the Executive Director.

i. Maximus (2004) iii. Class/Active Network

ii. Microsoft iv. Keystone


v. ESRI vi. Pro-Shopkeeper (2003)

vii. NICE (Applied Digital Solutions)

viii. GE Security Products (Access Control Platform)

i. The following items have been standardized by brand/model on the basis of prior usage by the Commission and approved by the Executive Director:

a. Toro Equipment

b. Zamboni Ice Resurfacer

c. Hewlett Packard computers (hardware)

d. Dell computers (hardware)

2. The Executive Director has not delegated signature authority for the following types of Contracts:

a. Professional Services

b. Public/Private Partnerships

c. Land or any interest therein

d. Interagency Agreements

e. Grants

f. Construction

Appendix B-2 Waiver Authority

1. Waivers of competition must be approved by the Executive Director.

2. Only the Secretary-Treasurer may waive insurance and bonding requirements.

Appendix B-3 Attestation Authority

1. The Secretary-Treasurer has delegated attestation signature to the Purchasing Manager on all except the following:

a. Land or any interest therein

b. Grants

c. Any items over $100,000

d. Interagency agreements

e. Public / Private Partnerships

f. Other items as determined from time to time


Appendix C: National Institute of Government Purchasing Code of Ethics


Appendix D: Practice 3-31 - Fraud, Waste & Abuse


Appendix E: Insurance Requirements & Checklists

Insurance Requirements

The Contractor shall instruct his insurance agent or carrier to furnish to The Maryland-National Capital Park & Planning Commission (Commission) a certificate of insurance attesting to the issuance of insurance policies affording coverages as required and listed below. Note: Certificates of insurance and any required bonds must be issued and then approved by the Commission prior to the issuance of a Notice of Award or a Notice to Proceed by the Commission.

Types of Coverages The Contractor shall furnish and keep in full force the insurance as noted on Attachment A hereof, as mandatory during the term of this Contract.

Named Insured The Commission shall be named as an additional insured on the General Liability insurance policy.

Subrogation The Worker’s Compensation and the Comprehensive Automobile insurance must each contain the following provision: “WAIVER OF SUBROGATION APPLICABLE TO THE COMMISSION AND ITS EMPLOYEES WHILE SUCH EMPLOYEES ARE PERFORMING WORK FOR OR ON BEHALF OF THE COMMISSION.”

Premium Payments and Commission Acceptance

The premium to be expended for all of the above enumerated policies of insurance shall be paid by the Contractor. The policies of insurance, certificates of insurance and the insurance company or insurance companies issuing such certificates or policies of insurance must be acceptable to the Commission.

Designations as to Applicability

All policies or certificates of insurance must be issued indicating that such policies or certificates are applicable to work being performed under a specific Contract or to all work performed by the Contractor for the Commission.

Notification of Alteration or Material Change or Cancellation

A minimum of thirty (30) days written notification must be given by an insurer of any alteration, material change or cancellation affecting any certificates or policies of insurance as required under this Contract. Such required notification must be sent via Registered or Certified Mail to the address indicated below:

The Maryland-National Capital Park & Planning Commission Attention: Risk Management 6611 Kenilworth Avenue Riverdale, Maryland 20737

Policy Period All of the aforementioned policies and certificates of insurance should be issued immediately after the Contractor receives notification of Intent to Award. It should be clearly understood that the Contractor is not to commence any work under such Contract until a written Notice to Proceed is issued by the Commission’s Contract Administrator. Policies and certificates of insurance must clearly indicate that they will remain in force for a period of at least one (1) year from inception date or until the project or contract is completed by the Contractor and accepted by the


Commission.


Low Risk Instructors (If have employees)

Coverage Required Limits (Minimums) 1. Workers Compensation Statutory Employer’s Liability

Accident (Each) $100,000 per person Disease (policy limits) $500,000 aggregate Disease (each employee) $100,000 per disease

2. General Liability Products Liability & Completed Operations Contractual Liability Premises & Operations Independent Contractors Personal Injury

All items in No. 2: $1,000,000 Combined Single Limit of Bodily & Property Damage per Occurrence

Medical Payment $5,000 per occurrence If Security Personnel or Custodial Contract, Check:

Assault & Battery Employee Dishonesty

If Pollution Hazard, Check: Pollution Hazard Liability Insurance

3. Contractual Indemnity/Hold harmless exactly as specified

4. Automobile Liability Owned Hired, Non-owned & Leased

Bodily injury Each person $500,000 Each occurrence $1,000,00

Property Damage Each occurrence or

$300,000

Combined Single Limit $1,000,000 5. Excess Liability

Combined Single Limit $1,000,000

6. The Maryland-National Capital Park and Planning Commission named as additional insured on all policies. The coverage is primary to all coverage the Commission may possess.

7. Other Insurance Renovation over $50,000

All Risk Builders Coverage

$250,000

Professional Liability For errors, omissions and negligent acts, per claim and per aggregate, with one-year discovery period and no greater than a $25,000 deductible. Combined Single Limit (Professional services Contracts only)

[20% of total project cost rounded up to next $100,000]

8. 30 days Cancellation Notice Required Under $500,000 45 days cancellation Notice Required Over $500,000

9. Best’s Guide A rating or better/S&P rating of BBBq 10. The Certificate Must State Bid Number and Bid Title


BIDDER AND INSURANCE AGENT STATEMENT

We understand the insurance requirements of these specifications and will comply in full if awarded this Contract

Bidder Signature Insurance Agency Signature


Caterers (High Risk)




All items in No. 2: $300,000 Combined Single Limit of Bodily & Property Damage per Occurrence








$300,000






$250,000






Miscellaneous Services / High Risk Instructors




All items in No. 2: $300,000 Combined Single Limit of Bodily & Property Damage per Occurrence








$300,000






$250,000






Renovations – Must contact Risk Management (COVERAGE MAY VARY)












$300,000





All Risk Builders Coverage / Renovation Floater

$500,000






Construction – Up to $100,000












$300,000





All Risk Builders Coverage / Completed Form

$250,000






Construction – Over $100,000












$300,000






$250,000






Professional Services – Over $100,000












$300,000






$250,000






Professional Services – Under $100,000












$300,000






$250,000






Appendix F: Practice 4-10 - Purchasing


Appendix G: Purchasing Dollar Thresholds

This Appendix outlines the Commission’s dollar threshold requirements for source selection using competitive purchasing processes.

Method of Source Selection

Minimum -Maximum dollar amount

Method of Payment

Categories of Purchases Permitted

Frequency of Purchases Permitted

Documents to be Used for Contract Award

Permitted Level of Risk

No Documentation of Competition - Petty Cash

$.01 - $200, unless prior approval is received from Department Head or Division Chief

Cash or Check

Goods (Excludes advances, travel, and other business reimbursements)

One time purchase None Low Risk

No Documentation of Competition – Check Request

No limit Check cut for valid invoice

Petty Cash Reimbursement; Emergency Situations; Travel Advances; Honoraria; Contractual Payments; Payments to Vendors Not Recognizing Purchase Orders

One time purchase N/A Low Risk

No Documentation of Competition - Purchase Card

$.01 - $3000, unless otherwise authorized

Purchase Card

Goods (See Purchase Card Policy)

No more than two transactions per week, unless otherwise authorized by the Purchasing Manager

None Low Risk

No Documentation of Competition - Field Purchase Order

$.01 - $5000 Check cut for a valid invoice

Goods or Non-professional Services

One time purchase Field Purchase Order

Low Risk




Method of Payment





No Documentation of Competition - Blanket Purchase Order

$.01 - $5000 Check cut for a valid invoice or Purchase Card

Goods or Low-Risk Non-professional Services

Multiple purchases per vendor, not to exceed $5000 quarterly and $20,000 annually

Blanket Purchase Order

Low Risk

Purchases off a Fixed Price Agreement (Contract) – Direct or Field Purchase Order

$.01 – as established in the Fixed Price Agreement

Check cut for a valid invoice or Purchase Card

Any Type Multiple purchases per vendor, as limited by the Fixed Price Agreement

Direct or Field Purchase Order, provided there is a pre-existing Formal Written Contract

Low, moderate, or high risk

Informal Quotes

$5000.01 - $25,000 Check cut for a valid invoice or Purchase Card

Any Type One time purchase Central Purchase Order / Contract

Low Risk or moderate risk with proof of insurance

Competitive Sealed Bids

$25,000.01 – no maximum Check cut for a valid invoice

Any Type One time purchase Formal Written Contract / Central Purchase Order





Method of Payment





Competitive Sealed Proposals


Any Type One time purchase Formal Written Contract


Competitive Two-Step Proposals


Any Type One time purchase Formal Written Contract



Appendix H-1: List of High & Low Risk Activities

Low-Risk Activities permitted on Field or Central Purchase Orders

Instructions/ Demonstrations/ Workshops Adult Education Computer Skills Face Painting Management

workshops (time management, leadership skills

Sign Language Interpretation

Arts and Crafts Cooking Lessons Flower Arrangements

Modeling Silk Screening

Blacksmithing Cornhusk Doll Making

Fossil Hunting Personal Appearance Demos

Speakers (Pre-service, safety workshops

Bridge Lessons Costume Making Gardening Photography Lessons

Sports Demonstrations – Not participation (baseball, basketball, bowling, boxing, ice, skating, kickboxing, roller skating, tennis, etc.)

Cake Decorating Dance Lessons – Adults and Children (except health and fitness activities

Genealogy Play Writing Tax Preparation

Career Development

Dog Grooming Grooming – Personal Appearance

Puppet Making Vocal Instruction

Cartooning Dog Obedience Interior Design Scarecrow Making

Wardrobe/Dress

Color Analysis – Dress/Makeup

Drawing/Painting (Oil, watercolor, finger, etc.)

Makeup Application

Sheep shearing Wood Carving

Performers/ Entertainers

Artists Disc Jockeys Masters of Ceremonies

Puppeteers Square Dance Callers

Balloonologists Drama Productions

Mime Reptile Shows (FPO must state “Non-venomous snakes”)

Story Telling

Circus Performers

Jugglers Musicians (orchestra, concerts, recitals)

Roving Leprechauns

Theatrical Performers & Performances

Clowns Lecturers Palm Reading Singers Ventriloquists


Dancers Magicians Poetry Reading Speakers Services

Carpet Cleaning

Gutter Cleaning – Ground Level Only

Judges Photographers (except topographic, aerial, etc.)

Window Washers – (Ground level only

Horse Inspectors (Appraisers solely for determining rental value)

Linen Services Trash Hauling Veterinary Equestrian Services (Announcers at shows, blacksmiths, horse-shoeing, judges, jump and timer crews, mutual clerks, ring stewards, ringmasters, secretaries at shows)

Janitorial/ Cleaning (during scheduled work hours only)

Rentals Demurrage charges for acetylene and oxygen tanks

Food Equipment (Cotton candy, SnoCones, popcorn, beer – operated by Commission employees)

Lighting and Sound Equipment (Including piano rentals)

Tents, Small Canopy

Tools, Small Equipment, and Machines

Equestrian Equipment (jumps, timers, etc.)

Miscellaneous Advertising – Val Pac Type and general

Contracts/ Agreements (with Private Industrial Council, Indian, Manpower)

Health Department Facility Licensing/ Renewals (SACC Program)

Participatory Instruction (Bowling)


Moderate-Risk Activities Permitted on Central Purchase Order

Provided that Proof of Insurance is Obtained (Required Coverage is $300,000 General and Product Liability)

Construction/ Office Trailer Rentals

Equipment Maintenance – Any requirement that the Commission sign a Maintenance Agreement will require a Contract and will preclude the use of a Purchase Order

Gutter Cleaning Pony Rides Window Washers (Other than ground level)

Bus/Van Rental Services, including driver – Bus/Van Services vendors must show proof of minimum level of insurance required by State Law, or documentary evidence that the vendor is an approved Self-Insurer.

Fire Protection Services

Janitorial/ Cleaning (Outside of regular hours; need fidelity bond)

Roller Skating

High-Risk Activities that Must be Purchased by Formal Written Contract

Comfort Stations Adventure Trips (Whitewater rafting, spelunking, tubing, hang gliding, horseback riding, go-carts, canoeing, windsurfing, scuba diving, flying

Day Camp Counselor

Health & Fitness Activities (Aerobics, jazzercise, slimnastics, fitness instruction)

Martial Arts Instruction

Skydiving, Air Shows, Aerial Demonstration

Amusement Ride Rentals

Gymnastics Instruction

Instruction in any Activity Listed under “Adventure Trips”

Pest Control Extermination

Sports Officials

Catering/Food Service

Hazardous Materials Removal

Insurance Pumping Services – drywells, septic tanks, fuel tanks

Teaching Pre-School


Appendix H-2: List of High & Low Risk Contractual Service Activities


Appendix I: “How to do Business with the Commission” Vendor Guide


Appendix J: Informal Bidders List


Appendix K: Approved Vehicles for Public Notice

I. Regularly Used for Formal Solicitations Newspapers: The Washington Examiner Dodge Reports

Legal Notices Phone: (804) 673-8747 6408 Edsall Road Fax: (804) 285-0186 - Jason Alexandria, VA 22312 Attn: Jill Carr Fax: (703) 846-8462

The Afro-American The Metro Herald [email protected] [email protected]

Websites: Contract Weekly Montgomery County Government Rapid

www.dsd.state.md.us/contractweekly www.montgomerycountymd.gov Notification of Advertisement: The Hispano-American Chamber of Commerce of Maryland, Inc.

8519 Piney Branch Road Silver Spring, MD 20901

The State Office of Minority Affairs 6 St. Paul Street, Suite 1502 Baltimore, MD 21202

MD Washington Minority Contractors Association (MWMCA) Attn: Wayne Frazier 1107 North Point Blvd., Suite 227 Baltimore, MD 21224

II. Used for Formal Solicitations (As Needed) The Washington Post The Baltimore Sun Attn: Rita Coopersmith Attn: Margaret Anderson Phone: (202) 334-6200 Phone: (410) 539-7700 Fax: (202) 334-6724 Fax: (410) 783-2507 III. Sample Ad Letters


Appendix L: Montgomery County Public / Private Partnerships


Appendix M: Contract Information System

1) All users: (add $ character to end of 'Finance_PU' if not already present) a) Right click on the 'Contract Routing' desktop icon b) Select 'Properties' from the pop-up menu c) In the 'Target' field of the 'Shortcut' tab i) Locate the portion of the string ... \Finance_Pu\ ... , and insert a $ after Finance_PU, to look like the following: \Finance_Pu$\ *** Note: do not add any spaces to the string when inserting the $ character *** d) In the 'Start In' field of the 'Shortcut' tab i) Insert a $ in the same location of this string as you did in the prior step e) Select 'Apply' f) Select 'OK' Test the application. Only complete the following steps if you cannot gain access to the application. 2) Only if your workstation is set up with a Drive mapping to the Cas-fileprint\Finance_PU share: a) Open Microsoft Windows Explorer i) Locate and note the Drive letter associated with the Finance_PU share for example, you might see: Finance_pu on 'Cas-fileprint' (Z:), which indicates the drive letter being used is Z ii) From the 'Tools' drop-down menu, select 'Map Network Drive' iii) In the 'Drive' Letter field, select the same drive letter identified in the previous step by clicking on the down arrow, and selecting it from the list iv) In the 'Folder' field do one of the following: - copy the following text and paste it into the field \\Casfileprint\Finance_PU$ - type the previous string into the field - select the existing string '\\Cas-fileprint\Finance_PU' from the drop down list by clicking on the down arrow, selecting it from the list, and appending the $ character to the end of it v) ensure that the checkbox 'Reconnect at logon' is checked vi) If presented with a dialog box asking to replace the existing connection with the new settings, answer 'Yes' vii) Select 'Finish'


Appendix N: Purchase Card Program Policy and Procedure Manual


Appendix O: Debarred Vendor Resources

Debarred Vendor in Maryland http://www.bpw.state.md.us/bpw_asp Federal Debarred Vendors http://www.epls.gov


Appendix P: Sample General Terms & Conditions

1. Purchase Order and Goods Terms & Conditions 2. Miscellaneous and Professional Services 3. Construction Services


Appendix Q: MFD Resources

1. U.S. General Services Administration

www.gsa.gove/smallbusinesssubcontractingdirectory

2. Small Business Administration http://www.sba.gov/gcbd/external_guidance.pdf

3. Hispanic Business.com 4. National Association of Women Business Owners

5. National Minority Business Council, Inc.

25 West 45th Street, Suite 301 New York, NY 10036 www.nmbc.com

6. U.S. Hispanic Chamber of Commerce

www.hispanicvendors.com 7. National Black Business Council, Inc. (NBBC)


Appendix R: Contract Information

Maryland Department of General Services – Contracts www.dgsweb.dgs.state.md.us/activebpo/commodities Maryland State Highway Administration www.sha.state.md.us Maryland Aviation Administration Maryland Motor Vehicle Administration Maryland Port Commission Maryland Transit Administration Maryland Transportation Authority Maryland Environmental Service University of Maryland – College Park www.purchase.umd.edu/mastercontracts Maryland Department of Budget and Management RAPID Baltimore Regional Cooperative Purchasing Commission U.S. Communities


Appendix S: Definitions

Abuse. The improper use or misapplication of actual or apparent Commission authority, including without limitation authority granted or exercised in conjunction with the Commission Merit System Rules and Regulations or other official Commission policies, Administrative Practices or Procedures.

Acquisition Cost. The sum of costs incurred to acquire goods or services, including indirect labor and overhead.

Advance Procurement Planning. The process by which the efforts of all personnel responsible for an acquisition are coordinated and integrated for a comprehensive plan for fulfilling the department’s need in a timely manner and at a reasonable cost.

Allowable Cost. Any cost which can be included in prices, cost reimbursements, or settlements under the contract to which it is allocable.

Appeal. A letter to the Executive Director requesting review of a Purchasing Manager’s decision.

Assignment. Transfer of a contract right or obligation by a contractor to another party.

Assignment of Payments. Payment made to other than the vendor for the goods or services based on written assignment of the vendor.

Best Value. As predetermined in the solicitation, the overall combination of quality, price, warranty requirement, maintenance requirements, and various elements of required services that in total is optimal relative to the Commission’s needs.

Bid. An offer submitted by a prospective vendor in response to an Invitation for Bids (IFB).

Bid Bond. A Bond that provides financial assurance that the Bidder submitting a bid has been qualified by the surety to perform the work, and that the Bidder will enter into a Contract at the bid price and provide the required performance and payment bond, should the Bidder become the apparent awardee.

Bid Protest. A bid protest is a mechanism by which an actual or potential Bidder/Offeror may contest the bid solicitation or process pertaining to a purchasing action. A protester is typically a third party who feels aggrieved by the actions of the Commission or believes the solicitation’s requirements are too restrictive.

Bidders List. A current file of vendors who have requested to be on the Commission’s list for various categories of goods, services and construction.


Brand Name Specification. A specification that utilizes a brand name product as a measuring stick for purposes of competition. The determination of brand name “or equal”, “or better” in this case would be based on comparison of the offered item versus the brand name.

Bribery. The offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of a Commission employee as part of the purchasing process.

Capital Lease. Transfers the benefit and risks inherent in the ownership of the property to the lessee.

Capital Outlay. Capital Outlay is a purchase of equipment, furnishings, vehicles or other durable goods within an initial individual cost of more than $5,000 and an estimated useful life in excess of one (1) year. Purchases of consumable goods, such as paper or fertilizer, are not considered capital outlays no matter what the dollar amounts.

Central Purchasing Division. The division in the Finance Department responsible for ensuring that all requisitions are in the best interest of the Commission, and that all acquisitions follow procurement policy.

Change Order. A request for a change in the terms, conditions or provisions of a contract necessitated by unanticipated events which may or may not change the time for performance or amount of the contract price. Change orders which attach new or substantive additions or modifications to the basic concept, plan or project must be accompanied by a waiver approved by the Executive Director.

Check Request. A form submitted to the Disbursements Section, requesting the cutting of a check to make a payment. A Check Request is usually used for Contracts.

Chief Information Officer. An employee designated by the Executive Director to review and approve/disapprove requested computer-related purchases which also have a Commission wide impact. Also, maintains record of all Commission software licenses and maintenance agreements.

Claims. A written demand seeking the payment of money, the adjustment or interpretation or assertion of Contract provisions, or other relief relating to a Contract.

Collusion. An understanding between two or more persons to gain something illegally, to defraud another of his or her rights, or to appear as adversaries though in agreement.

Commission. Shall mean The Maryland-National Capital Park and Planning Commission (MNCPPC).

Commission Contract Review Committee (CCRC). A review body that resolves matters concerning claims or disputes based upon breach of Contract, mistake, misrepresentation, or other cause for Contract modification or rescission, including a request for waiver of


liquidated damages, referred to it by the Purchasing Manager.

Competitive Negotiation. A method of Contractor selection utilizing a written Request for Proposals with various evaluation criteria, followed by discussions with responsive, responsible offerors.

Competitive Sealed Bidding. A method of Contractor selection utilizing a written Invitation for Bids (IFB), public opening and, evaluation of bids based upon the requirements set forth in the solicitation and award to the lowest responsive, responsible Bidder.

Competitive Sealed Proposal. A method of Contractor selection utilizing a written Request for Proposal (RFP), with various evaluation criteria. (See Competitive Negotiation)

Conflict of Interest. An actual or potential situation in which the personal interests of a vendor, employee, or public official are or appear to be, in conflict with the best interest of the Commission.

Construction. The process of building, altering, major renovation, remodeling, improving or demolishing any structure, building, or road and any draining, dredging, excavating, grading, or similar work upon the Commission’s real property. Construction does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings or real property.

Contract Administration. Management of all actions that must be taken to assure compliance with the terms and conditions of the contract after award to completion.

Contract/Purchase Order. A legal agreement between at least two parties for the purchase of goods or services.

Contract Close-out. The final phase of the Contract life cycle and involves ensuring that the vendor has received final payment, all goods or services under the Purchase Order or Contract have been received, and any excess funds are deobligated.

Contract/Construction Management. The management of various facets of Contracts to assure that the Contractor's total performance is in accordance with the Contractual commitments and obligations to the Commission including the Contractor’s MFD commitment.

Contract Specialist. Generally referred to as Buyers. Procurement Specialists working in the Central Purchasing Division.

Contract Type. Term used to describe specific pricing arrangements employed for the performance of work under contracts, eg. Firm fixed price, cost plus a fixed fee, etc.

Contractor/Consultant. Any vendor having been awarded a Contract or Purchase Order by the Commission.

Contractor’s Representative. Individual appointed by Contractor to serve as the primary representative on a specific contract with the


Commission.

Cooperative Purchasing. A form of governmental purchasing in which one governmental agency performs the award and solicitation process on behalf of a number of agencies.

Debarment. A shutting out or exclusion of a vendor or individual from participating in a procurement for cause as an awardee.

Emergency Purchase. A purchase made to alleviate a sudden unexpected occurrence that poses clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Poor planning or procrastination does not constitute an emergency purchase. The Executive Director or designee authorizes an emergency purchase.

Employee. Any full-time, part-time, seasonal, or contractual person drawing a salary from The Maryland-National Capital Park and Planning Commission, Officers or Directors of the Commission, or any Commissioner serving on the Montgomery County or Prince George’s County Planning Boards.

Equipment Leases. An equipment lease is the rental of any instrument, machine, apparatus, or set of articles that meets all of the following criteria:

a. it retains its original shape, appearance, and character with use; and

b. it is nonexpendable, that is, if the item is damaged or some of its parts are lost or worn out, it is more feasible and cost effective to repair the item than to replace it with an entirely new unit.

Under normal conditions of use, including reasonable care and maintenance, it can be expected to serve its principal purpose for more than one year.

Excusable Delay. Type of delay in contract performance which, in the absence of contractor control, fault or negligence will excuse delay.

Executive Director. Means the Executive Director of The Maryland National Capital Park and Planning Commission or any duly authorized designee acting within the scope of the duties entrusted to the designee. The Executive Director shall be the final authority on the exercise of responsibility and in the interpretation of all provisions of the contract and this Purchasing Manual.

Family Member. Relative by blood or marriage, including a spouse, parent, grandparent, legal guardian, child, brother, sister, in-law, significant other or domestic partner.

F.O.B. Destination. Delivery term whereby title and risk changes from vendor to Commission at the final destination of the shipment.


Fidelity Bonds. Bonds that provide coverage for losses due to employee dishonesty, including stolen physical property, cash, checks, and securities.

Field Purchase Order (FPO). A purchase order issued by a Field Purchasing Aide for purchase of goods and services under $5,000, which becomes a Contract upon acceptance by the vendor in writing or performance. This form of Contract is such that the agreement between vendor and Commission is complete on the document itself. It is not, however, to be considered as, or used in place of, a formal written Contract.

Field Purchasing Aides. Field Purchasing Aide is a Commission employee who has been given the responsibility to issue Field Purchase Orders after all required approvals have been attained and who has completed the required training.

Field Purchasing Assistant. Commission employee who has been given the responsibility to issue informal Invitation to Bids (IFB) and oversee informal bidding. Can also serve as the Field Purchasing Aide.

Field Purchasing Specialist. An employee who has the responsibility of assisting the Montgomery Park Development Division or the Prince George’s Park Planning Development Division with processing purchase transactions related to Capital Improvements Projects (CIP). Can also serve as Field Purchasing Aide and/or Field Purchasing Assistant.

Fraud. Any act, omission, fraud statement/report or concealment involving the intentional breach of a legal or equitable duty or the violation of federal, state, local laws or Commission policies which results in damage to the Commission in any way, including without limitation the misappropriation of any Commission property/resources including cash. Fraud includes, without limitation, false financial reporting.

General Counsel. Head of the Legal Department, who provides advice and represents the Commission in its legal matters.

Goods. Supplies, personal property and commodities, including but not limited to equipment, materials, and printing.

Gratuities. Anything of value that is presented or promised in anticipation of receiving a consideration, whether or not the consideration is less than, equal to, or greater than the value presented or promised.

Information Technology Includes computer network applications, data system processing, telecommunications, computer hardware and software, photo static copiers, and printing equipment.

Insurance A promise of compensation to protect the Commission against loss, damage or liability occurring from a covered event.


Inspection. The close and critical examination of goods or services delivered to determine conformance with applicable Contract requirements or specifications.

Invitation for Bids (IFB). A formal request to vendors to bid on the right to supply a product or service to the Commission. The IFB must indicate with reasonable accuracy the quantity and location of the work to be done or the character and quality of the material to be furnished and the time and place of the opening of the bids. The IFB becomes a part of the contract awarded by the Commission.

Invoice. A numbered document submitted by a supplier requesting payment for goods or services provided to the Commission. Invoices must exclude sales tax and be for the exact amount of the Purchase Order, if applicable.

Kickbacks. Any inducement offered for the award of a Contract or subcontract or order, including payment, gratuity, or offer of employment, made by or on behalf of a Contractor or subcontractor under a contract to the prime Contractor or higher tier subcontractor.

Maintenance Bonds. A bond that provides for the upkeep of the project for a specified period of time after the project is completed. These bonds guarantee against defective workmanship or materials. These bonds may occasionally include a guarantee of "efficient or successful operation" or other obligations.

Material and Payment Bonds. Bonds that guarantee that the Prime Contractor will pay its subcontractors, laborers, and material suppliers. If any are not paid, the surety which issued the bonds will respond to their claims.

Mentally or Physically Disabled. A physical or mental impairment that substantially limits one or more of the major life activities of an individual, as defined in the Americans with Disabilities Act of 1990.

MFD Vendor. Any entity that engages in commercial transactions and is at least 51 percent owned and controlled by one or more minority, female, or disabled persons.

Minor Informality. A minor defect or variation of a bid or proposal from the exact requirements of the solicitation, which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured and does not give a competitive advantage as a result thereof.

Minority Individual. For purposes of this manual, minority individuals are limited to members of the following groups: African Americans, Asians (including Pacific Islanders), Hispanics, and Native Americans. For reporting purposes, African American refers to all persons having origins in and of the black racial groups of Africa; Hispanics refers to all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race; Asian includes all persons having origins in any of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands except Hawaii;


and Native American includes all persons of American Indian, Eskimo, Aleut, and Native Hawaiian descent.

Miscellaneous Services. Any work performed by an Independent Contractor, not specifically identified as professional services, wherein the service rendered does not consist primarily of acquisition of equipment or materials or the rental of equipment, materials and supplies.

Need Identification. Need Identification begins when an Originator determines that a good or service is required to fulfill the Commission’s mission, goals, objectives, or business activities.

Non-Competitive Items. Goods or services itemized in this manual that are exempt from or do not require competition as described herein.

Non-Professional Services (Miscellaneous Services). Any work performed by an independent Contractor, not specifically identified as professional services, wherein the service rendered does not consist primarily of acquisition of equipment or materials or the rental of equipment, materials, and supplies.

Operating Lease. A lease for which the lessee acquires the rights to use property for only a small portion of its useful life. An operating lease is commonly used to acquire use of equipment on a short-term basis, thus, the title is never transferred to the lessee at the end of the lease term.

Payment Bond. Guarantees that the Contractor will pay its subcontractors, laborers, and material suppliers. If any of these are not paid, the surety will respond to their claims.

Payment Date. Either (a) the date on which payment is due under the terms of a Contract for provision of goods or services, or (b) if such date has not been established by Contract, thirty days after receipt of a proper invoice by the Commission Accounts Payable Office for the amount of payment due, or thirty days after acceptance of the goods or services, whichever is later.

Performance Bonds. Bonds that protect the Commission from potential financial losses resulting from the Contractor's failure to perform its or complete its work in accordance with the Contract specifications. Failure to perform may result from any number of reasons, including cash flow limitations, bankruptcy, etc.

Petty Cash. A cash fund issued to a Department, in the charge of a custodian, to be used on a revolving basis for the payment of emergency and incidental expenses.

Professional Services. A service performed by an independent Contractor that requires specialized knowledge and training (often through long and intensive academic preparation) or in-depth experience in a particular field or discipline. Professional services are professional, technical, or consultant services predominantly


intellectual in character. Professional services include work performed within the scope of practice of accounting, architecture such as land surveying, landscape architecture, programming services and analysis, law, dentistry, medicine, optometry, pharmacy, or professional engineering.

Prompt Payment Discount. A discount offered by a bidder for payment by the Commission within a designated time period of at least 20 days.

Protest. A complaint filed by the vendor that a certain procurement action violates the Commission procurement rules.

Public Contract. An agreement between the Commission and a nongovernmental source that is enforceable in a court of law.

Public/Private Partnerships. Arrangements between the Commission and private sector entities for the purpose of providing public infrastructure, community facilities and related services. Such partnerships are characterized by the sharing of investment, risk, responsibility and reward between the partners. The reasons for establishing such partnerships vary but generally involve the financing, design, construction, operation, maintenance and services.

Purchase Card. Plastic payment card with a specific account number issued by a bank in the name of a Commission employee (Cardholder) on behalf of the Commission for facilitating small dollar value purchases.

Purchasing Manager. Shall mean the Purchasing Manager of the Maryland National Park and Planning Commission, having the authority to enter in to and/or terminate contracts, as designated by the Executive Director and attests contracts as designated by the Secretary-Treasurer.

Purchase Order. A Commission document evidencing the Commission’s acceptance of a specific offer of the vendor for goods or services.

Ratification. Process of approving an unauthorized act committed by a person who did not have the proper authority to bind the Commission.

Relative/ Family Member. Relative by blood or marriage including a spouse, parent, grandparent, child, brother, sister, in-law, legal guardian, significant other, or domestic partner.

Request for Proposals (RFP). All documents whether attached or incorporated by reference, utilized for soliciting proposals. An invitation for providers of a product or service to submit a proposal to the Commission to supply such product or service. The RFP becomes a part of the contract upon award by the Commission.

Requisition. A requisition is a Commission form used by departments to originate requests to the Central Purchasing Office or the Field


Purchasing Aides to procure goods or services from vendors. The requisition may be either manual or automated.

Responsible Bidder or Offeror. One that has the capability, to perform fully the Contract requirements and business integrity, equipment, experience and reliability that will assure good faith performance and who has been prequalified, if required.

Responsive Bid. A bid that conforms in all material respects to the requirements contained in the solicitation (i.e., the Invitation for Bids). At a minimum, these requirements include specifications of the goods and services to be provided, the delivery or performance schedule, warranty, and any other material aspects required in the IFB or RFQ.

Secretary-Treasurer. Head of the Finance Department; Supervises the Purchasing Manager and oversees the Central Purchasing Division.

Sole Source Purchase. A purchase of goods or services which are unique and that, to the best of the requester's knowledge and belief and thorough research is only obtainable from one vendor. Sole Source purchase also includes goods or services that are available solely through one vendor because the manufacturer limits distribution to one sole vendor in a specific geographic region.

Specifications. Description of the physical, functional or technical characteristics for a good, service, or construction item. Specifications should include period of warranty, delivery time, maintenance requirements, environmental considerations, and description of any requirement for inspecting, testing or preparing a good, service, or construction item for delivery.

Split Purchasing/Subdividing. When a need recognized for a certain volume of goods or services is purposefully split into smaller increments in order to avoid the requirements for documentation or advertising or the competitive process. When using 2 or more OCA’s , the total of the entire purchase is the amount on which the bidding threshold is determined.

Statement of Work (SOW). That portion of a contract which describes the actual work to be done by means of specifications or other minimum requirements, quantities, performance date and a statement of the requisite quality.

Subcontractor. Means any entity that has a contract with the prime contractor to supply labor or materials or to any subcontractor in the performance of the work provided for in a Contract.

Substitution. Delivery of an item which does not conform to the specifications of the Purchase Order or Contract.

Unallowable Cost. Any cost which, under the provisions of the contract, cannot be included in prices, cost reimbursements or settlements under such contract.


Vendor. One who sells goods or services.

Waiver. An action of approval by the Executive Director authorizing a purchase to be made without competition.

Waste. Neglect or other improper conduct that results in destruction, damage or loss in value of Commission property/resources.


Appendix T: Purchasing Forms

1. Procurement Data Sheet

2. Nondiscrimination in Subcontracting Form

3. Bidders’ List Registration Form

4. Minority, Female, & Disabled (MFD) Price Preference Program Eligibility Form

5. Subcontractor Utilization Report

6. Metropolitan Washington Council of Governments Rider Clause

7. Contract Routing Sheet

8. Vendor Information Form

9. References Form

10. Contract Certification

11. Signature Page