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3510
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Ch. 921
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LAWS OF MARYLAND
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shall be the duty of the] THE Secretary [to] SHALL
prescribe rules and regulations under which estimates of
the needs of using authorities shall be submitted, and
requisition made, and under which contracts for purchases
may be made. ALL EXCEPT AS MAY BE OTHERWISE PERMITTED BY
OTHER PROVISIONS OF LAW REGARDING EMERGENCIES, ALL STATE
PURCHASE CONTRACTS IN EXCESS OF $25,000 $5,000 SHALL BE
AWARDED ON A COMPETITIVE BASIS. HOWEVER, THE SECRETARY
OF GENERAL SERVICES MAY NEGOTIATE AND, SUBJECT TO THE
APPROVAL OF THE BOARD OF PUBLIC WORKS, AWARD SUCH
CONTRACTS TO OTHER THAN THE LOWEST BIDDER IF THE
SECRETARY DETERMINES THAT TO BE IN THE BEST INTERESTS OF
THE STATE. THE SECRETARY MAY WAIVE THE REQUIREMENT OF
AWARDING SUCH CONTRACTS ON A COMPETITIVE BASIS IF:
(I) THE PUBLIC HEALTH, AND SAFETY IS
ENDANGERED AFTER A NATURAL DISASTER OR ACT OF GOD;
(II) A STATE OF EMERGENCY IS DECLARED
BY THE GOVERNOR: OR
(III) A BONA FIDE SINGLE SOURCE OF
SUPPLY OR A PROPRIETARY PRODUCT OR PROCESS IS REQUIRED. ;
OR
(IV) IT IS DETERMINED TO BE IN THE BEST
INTERESTS OF THIS STATE AFTER APPROVAL OF THE BOARD OF
PUBLIC WORKS.
EACH WAIVER AND THE REASONS THEREFOR SHALL BE
DOCUMENTED AND RECORDED AND IMMEDIATELY REPORTED TO THE
MARYLAND REGISTER FOR PRINTING IN THE NEXT AVAILABLE
ISSUE.
SECTION 2. AND BE IT FURTHER ENACTED, That Section
7(1) of Article 78A — Public Works, of the Annotated Code
of Maryland (1975 Replacement Volume and 1976 Supplement)
be and it is hereby repealed and reenacted, with
amendments, to read as follows:
Article 78A - Public Works
7.
(1) The Board of Public Works shall in like manner
supervise the expenditure of all sums appropriated for
the acquisition of land, buildings, equipment, new
construction and other capital expenditures, except in
connection with State roads, bridges and highways,
whether made through the medium of a budget bill, a
supplementary appropriation bill or a State bond issue
bill, and all contracts for the expenditure thereof shall
be subject to the approval of said Board before the same
are executed, after review by the [Director of the
Department of Public Improvements] SECRETARY OF GENERAL
SERVICES. ALL EXCEPT AS MAY BE OTHERWISE PERMITTED BY
OTHER PROVISIONS OF LAW REGARDING EMERGENCIES, ALL STATE
CONSTRUCTION CONTRACTS IN EXCESS OF $250,000 $100,000
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