(1) This subtitle applies to a service contract that:
(i) is solicited by the Montgomery Commission as a management plan intended to adversely affect Montgomery Commission employees represented by a certified representative; and
(ii) in the estimation of the Montgomery Commission procurement officer, will exceed an annual cost of $75,000 as calculated under paragraph (2) of this subsection.
(2) The Montgomery Commission shall adjust the annual cost estimation described in paragraph (1)(ii) of this subsection to the nearest $100 every 2 years, beginning on October 1, 2008, to reflect any aggregate increase in the Consumer Price Index for all urban consumers, for the Washington-Baltimore metropolitan area, or any successor index, for the previous 2 years.
(b) Exclusions.- This subtitle does not apply to:
(1) solicitation of a service contract as part of a management plan and not for a present or eventual purpose of adversely affecting Montgomery Commission employees represented by the certified representative;
(2) solicitation of a service contract for which the primary purpose is to obtain goods or construction services;
(3) solicitation of a service contract that the Montgomery Commission's purchasing officials reasonably believe and express in writing may negatively affect the potential for participation by a minority, female, or disabled owned business in the Montgomery Commission's minority, female, and disabled persons program under procurement policies, as amended;
(4) solicitation of a service contract for a service provided by a consultant;
(5) solicitation of a service contract for a professional service, unless the scope of service is provided by bargaining unit employees when the contract is solicited;
(6) solicitation of a service contract that the Montgomery Commission reasonably believes is:
(i) necessary to meet an emergent or imminent threat to public health, welfare, or safety;
(ii) required to comply with the requirements of any grant related to the funding of that contract; or
(iii) related to the settlement of an insurance claim;
(7) solicitation of a service contract that is in the best interest of an employee based on a need for specialized safety experience or expertise;
(8) solicitation of a service contract for any service provided by a public entity or provided to the Montgomery Commission in accordance with a public-private partnership with a private entity;
(9) solicitation of a service contract to be awarded on a noncompetitive basis in accordance with all applicable laws, rules, and regulations regarding those contracts;
(10) a service contract entered into prior to October 31, 2008;
(11) the renewal or rebidding of a service contract entered into prior to October 31, 2008, if the renewal or rebidding of the service contract does not result in a greater adverse effect on bargaining unit employees than existed prior to its renewal or rebidding;
(12) solicitation of a service contract for a capital improvement project, a U.S. Department of Housing and Urban Development 236 property, a newly-acquired or developed property, unless that property is both owned and managed by the Montgomery Commission, or an asset management project;
(13) solicitation of any class, type, category, or particular service contract that the Montgomery Commission reasonably believes should be performed by an independent contractor to eliminate a conflict of interest otherwise apparent if the services are performed by a bargaining unit employee;
(14) solicitation of any class, type, category, or particular service contract when the need for the service or activity is such that the time necessary for the analysis required under § 16-403 of this subtitle would:
(i) result in damage to Montgomery Commission property;
(ii) result in injury to individuals; or
(iii) substantially hinder the objective of constructing or maintaining safe, sanitary, and decent properties and facilities; or
(15) a service contract required to comply with an applicable rule, regulation, or guideline established by the U.S. Department of Housing and Urban Development.
(c) Right to abolish a bargaining unit position or conduct a reduction in force not affected.- This subtitle does not apply to or limit the authority of the Montgomery Commission to abolish a bargaining unit position or conduct a reduction in force.
(1) This subtitle applies to a service contract that:
(i) is solicited by the Montgomery Commission as a management plan intended to adversely affect Montgomery Commission employees represented by a certified representative; and
(ii) in the estimation of the Montgomery Commission procurement officer, will exceed an annual cost of $75,000 as calculated under paragraph (2) of this subsection.
(2) The Montgomery Commission shall adjust the annual cost estimation described in paragraph (1)(ii) of this subsection to the nearest $100 every 2 years, beginning on October 1, 2008, to reflect any aggregate increase in the Consumer Price Index for all urban consumers, for the Washington-Baltimore metropolitan area, or any successor index, for the previous 2 years.
(b) Exclusions.- This subtitle does not apply to:
(1) solicitation of a service contract as part of a management plan and not for a present or eventual purpose of adversely affecting Montgomery Commission employees represented by the certified representative;
(2) solicitation of a service contract for which the primary purpose is to obtain goods or construction services;
(3) solicitation of a service contract that the Montgomery Commission's purchasing officials reasonably believe and express in writing may negatively affect the potential for participation by a minority, female, or disabled owned business in the Montgomery Commission's minority, female, and disabled persons program under procurement policies, as amended;
(4) solicitation of a service contract for a service provided by a consultant;
(5) solicitation of a service contract for a professional service, unless the scope of service is provided by bargaining unit employees when the contract is solicited;
(6) solicitation of a service contract that the Montgomery Commission reasonably believes is:
(i) necessary to meet an emergent or imminent threat to public health, welfare, or safety;
(ii) required to comply with the requirements of any grant related to the funding of that contract; or
(iii) related to the settlement of an insurance claim;
(7) solicitation of a service contract that is in the best interest of an employee based on a need for specialized safety experience or expertise;
(8) solicitation of a service contract for any service provided by a public entity or provided to the Montgomery Commission in accordance with a public-private partnership with a private entity;
(9) solicitation of a service contract to be awarded on a noncompetitive basis in accordance with all applicable laws, rules, and regulations regarding those contracts;
(10) a service contract entered into prior to October 31, 2008;
(11) the renewal or rebidding of a service contract entered into prior to October 31, 2008, if the renewal or rebidding of the service contract does not result in a greater adverse effect on bargaining unit employees than existed prior to its renewal or rebidding;
(12) solicitation of a service contract for a capital improvement project, a U.S. Department of Housing and Urban Development 236 property, a newly-acquired or developed property, unless that property is both owned and managed by the Montgomery Commission, or an asset management project;
(13) solicitation of any class, type, category, or particular service contract that the Montgomery Commission reasonably believes should be performed by an independent contractor to eliminate a conflict of interest otherwise apparent if the services are performed by a bargaining unit employee;
(14) solicitation of any class, type, category, or particular service contract when the need for the service or activity is such that the time necessary for the analysis required under § 16-403 of this subtitle would:
(i) result in damage to Montgomery Commission property;
(ii) result in injury to individuals; or
(iii) substantially hinder the objective of constructing or maintaining safe, sanitary, and decent properties and facilities; or
(15) a service contract required to comply with an applicable rule, regulation, or guideline established by the U.S. Department of Housing and Urban Development.
(c) Right to abolish a bargaining unit position or conduct a reduction in force not affected.- This subtitle does not apply to or limit the authority of the Montgomery Commission to abolish a bargaining unit position or conduct a reduction in force.
(1) This subtitle applies to a service contract that:
(i) is solicited by the Montgomery Commission as a management plan intended to adversely affect Montgomery Commission employees represented by a certified representative; and
(ii) in the estimation of the Montgomery Commission procurement officer, will exceed an annual cost of $75,000 as calculated under paragraph (2) of this subsection.
(2) The Montgomery Commission shall adjust the annual cost estimation described in paragraph (1)(ii) of this subsection to the nearest $100 every 2 years, beginning on October 1, 2008, to reflect any aggregate increase in the Consumer Price Index for all urban consumers, for the Washington-Baltimore metropolitan area, or any successor index, for the previous 2 years.
(b) Exclusions.- This subtitle does not apply to:
(1) solicitation of a service contract as part of a management plan and not for a present or eventual purpose of adversely affecting Montgomery Commission employees represented by the certified representative;
(2) solicitation of a service contract for which the primary purpose is to obtain goods or construction services;
(3) solicitation of a service contract that the Montgomery Commission's purchasing officials reasonably believe and express in writing may negatively affect the potential for participation by a minority, female, or disabled owned business in the Montgomery Commission's minority, female, and disabled persons program under procurement policies, as amended;
(4) solicitation of a service contract for a service provided by a consultant;
(5) solicitation of a service contract for a professional service, unless the scope of service is provided by bargaining unit employees when the contract is solicited;
(6) solicitation of a service contract that the Montgomery Commission reasonably believes is:
(i) necessary to meet an emergent or imminent threat to public health, welfare, or safety;
(ii) required to comply with the requirements of any grant related to the funding of that contract; or
(iii) related to the settlement of an insurance claim;
(7) solicitation of a service contract that is in the best interest of an employee based on a need for specialized safety experience or expertise;
(8) solicitation of a service contract for any service provided by a public entity or provided to the Montgomery Commission in accordance with a public-private partnership with a private entity;
(9) solicitation of a service contract to be awarded on a noncompetitive basis in accordance with all applicable laws, rules, and regulations regarding those contracts;
(10) a service contract entered into prior to October 31, 2008;
(11) the renewal or rebidding of a service contract entered into prior to October 31, 2008, if the renewal or rebidding of the service contract does not result in a greater adverse effect on bargaining unit employees than existed prior to its renewal or rebidding;
(12) solicitation of a service contract for a capital improvement project, a U.S. Department of Housing and Urban Development 236 property, a newly-acquired or developed property, unless that property is both owned and managed by the Montgomery Commission, or an asset management project;
(13) solicitation of any class, type, category, or particular service contract that the Montgomery Commission reasonably believes should be performed by an independent contractor to eliminate a conflict of interest otherwise apparent if the services are performed by a bargaining unit employee;
(14) solicitation of any class, type, category, or particular service contract when the need for the service or activity is such that the time necessary for the analysis required under § 16-403 of this subtitle would:
(i) result in damage to Montgomery Commission property;
(ii) result in injury to individuals; or
(iii) substantially hinder the objective of constructing or maintaining safe, sanitary, and decent properties and facilities; or
(15) a service contract required to comply with an applicable rule, regulation, or guideline established by the U.S. Department of Housing and Urban Development.
(c) Right to abolish a bargaining unit position or conduct a reduction in force not affected.- This subtitle does not apply to or limit the authority of the Montgomery Commission to abolish a bargaining unit position or conduct a reduction in force.
