Ch. 569                                     1993 LAWS OF MARYLAND

(c) If a provision of this Division II is inconsistent with a federal law, regulation,
or grant agreement or other federal requirement that governs procurement or a
procurement contract or with the terms of a gift, as defined in Article 1, § 22 of the Code,
the federal requirement or the terms of the gift control the procurement or procurement
contract.

13-205.

(A). A unit:

(1)     shall draft specifications to encourage maximum practicable competition
without modifying the requirements of the State; and

(2)     may not draft specifications to favor a single prospective bidder or
offeror.

(B) A UNIT SHALL REQUIRE A PROSPECTIVE BIDDER OR OFFEROR OF
SUPPLIES OR CONSTRUCTION TO STATE IN THE BID OR OFFER:

(1)    WHETHER THE PROCUREMENT WILL OR MAY INCLUDE RECYCLED
MATERIALS; AND

(2)      THE TYPES, AMOUNTS, AND APPLICATION OF RECYCLED
MATERIALS THAT THE BIDDER OR OFFEROR INTENDS TO INCLUDE IN THE
PROCUREMENT.

14-402.

(G) NO LATER THAN SEPTEMBER 1 OF EACH YEAR, EACH STATE UNIT SHALL
REPORT TO THE DEPARTMENT OF THE ENVIRONMENT ON THE UNIT'S
PROCUREMENT OF RECYCLED MATERIALS AND ON THE UNIT'S USE OF THE
PERCENTAGE PRICE PREFERENCE UNDER § 14-405 OF THIS SUBTITLE DURING THE
PRECEDING FISCAL YEAR, INCLUDING THE TYPES AND QUANTITIES OF MATERIALS
PROCURED AND THE PERCENTAGE OF RECYCLED MATERIALS IN THE UNIT'S GROSS
PURCHASES.

14-405.

(b) [The] NO LATER THAN JANUARY 1, 1994, THE Board shall adopt regulations
that require the Secretary of General Services, the Secretary of Transportation, and the
Chancellor of the University of Maryland System to establish a percentage price
preference, not to exceed 5%, for the purchase of products made from recycled materials.

SECTION 2. AND BE IT FURTHER ENACTED, That no later than July 1, 1994
the State Highway Administration, by revising its material specifications for road
construction procurement, shall provide in its road construction standards for the
incorporation of crushed glass and recycled aggregate materials to be appropriately used
in asphalt layers and aggregate layers of road construction.

SECTION 3. AND BE IT FURTHER ENACTED, That the Office of Recycling
shall, in cooperation with the Department of General Services, the University of
Maryland System, the Department of Transportation, the Department of Natural
Resources, other State and local procuring agencies, the Maryland Association of

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