Howard County                                   2799

4.109—Single Source Purchases

(1)    When the County requires supplies, materials or equipment
which are produced by only one manufacturer, the purchasing agent shall
specify such manufacturer's make or brand in the invitations to bid and
shall obtain competitive bids from authorized dealers or distributors of
such manufacturer. If such manufacturer is the sole bidder and the sole
source of supply, the purchasing agent is authorized to negotiate an open
market order or contract with the manufacturer at prices and on terms
most advantageous to the County.

(2)    When the County requires supplies, materials or equipment
which are patented or proprietary and which are obtainable in two or more
equally satisfactory and competitive makes, brands, or types, the purchas-
ing agent shall list such acceptable and competitive makes, brands or types
in the invitations to bid. Such list shall also include the phrase "or
approved equal" to permit bidders to bid on alternate or additional makes,
brands or types. It shall be incumbent on each bidder to prove to the
satisfaction of the County that the alternate or additional make, brand
or type is equal in quality or performance to those listed in the invitation
to bid.

4.110—Cooperative Purchasing

It shall be the duty of the purchasing agent to develop, to the maximum
extent possible, a program for the joint, or cooperative, purchase with the
County Board of Education of supplies that are common to the Board of
Education and the County Government. In addition, the purchasing agent
shall endeavor to arrange with the Board of Education officials for the
development of a program of standardization of supplies whereby the
number of the same type or kind of articles to be used by the two entities
may be correspondingly increased. As appropriate, the purchasing agent
may undertake similar programs involving joint or cooperative purchases
with other public jurisdictions within the State, including the surrounding
Counties, the City of Baltimore, and the State.

4.111—Emergency Purchases

(1)    The rules and regulations adopted pursuant to this subtitle shall
provide for the specific terms and conditions under which emergency
purchases shall be made. An "emergency" for purposes of this subtitle,
shall be deemed to exist when a breakdown in machinery or a threatened
termination of essential services or a dangerous condition develops, or
when any unforeseen circumstance arises causing curtailment or diminu-
tion of an essential service.

(2)    If an emergency occurs during regular County business hours,
the using agency shall immediately notify the purchasing agent who shall
either purchase the required supplies or contractual services or authorize
the agency to do so.

(3)    If an emergency occurs at times other than regular business
hours, the using agency may purchase directly the required supplies or
contractual services. The agency shall, however, whenever practical secure
competitive telephone bids and order delivery to be made not later than
the next regular County business day thereafter, submit to the purchasing
agent a requisition, a tabulation of bids received, if any, a copy of the
delivery record and a written explanation of the circumstances of the
emergency.