HARRY HUGHES, Governor

2663

(A)  THE BOARD HAS POWER AND AUTHORITY OVER THE
PROCUREMENT, MANAGEMENT, AND CONTROL OF ALL SUPPLIES,
SERVICES, CONSTRUCTION, AND OTHER ITEMS PROCURED BY THE
STATE. FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF
THIS ARTICLE, THE BOARD HAS AUTHORITY TO SET POLICY AND TO
ADOPT REGULATIONS WHICH ARE CONSISTENT WITH THIS ARTICLE.
THE BOARD MAY EXERCISE ANY AUTHORITY CONFERRED ON A
DEPARTMENT BY THIS ARTICLE AND, TO THE EXTENT THAT ITS
ACTION IN EXERCISING THIS AUTHORITY IS INCONSISTENT WITH THE
ACTION OF ANY DEPARTMENT, THE ACTION OF THE BOARD SHALL
PREVAIL.

(B)  THE BOARD SHALL ADOPT REGULATIONS, CONSISTENT WITH
THIS ARTICLE, GOVERNING PROCEDURES FOR THE REVIEW AND
APPROVAL OF PROCUREMENT CONTRACTS INCLUDING MULTIYEAR
CONTRACTS, CONDITIONS AND PROCEDURES FOR DELEGATING
PROCUREMENT AUTHORITY INCLUDING DESIGNATION OF CONTROL
AUTHORITIES, PROCEDURES FOR REVIEW OF DETERMINATIONS, AND
PROCEDURES FOR CERTIFICATION OF ADEQUACY OF APPROPRIATIONS
AND AVAILABILITY OF FUNDS. THE BOARD SHALL ENSURE THAT THE
REGULATIONS OF THE PROCUREMENT AGENCIES PROVIDE FOR
PROCEDURES WHICH ARE CONSISTENT WITH THIS ARTICLE AND WHICH
ARE SUBSTANTIALLY THE SAME AMONG THE AGENCIES.

(C)  UNDER THE COORDINATION OF THE GOVERNOR, EACH
DEPARTMENT SHALL ADOPT REGULATIONS, CONSISTENT WITH THIS
ARTICLE, CONCERNING:

(1)  PREQUALIFICATION,                                SUSPENSION,
DISQUALIFICATION, AND REINSTATEMENT OF PROSPECTIVE BIDDERS;

(2)  SMALL PROCUREMENT PROCEDURES;

(3)  CONDITIONS AND PROCEDURES FOR THE
PROCUREMENT OF PERISHABLES AND ITEMS FOR RESALE;

(4)  CONDITIONS AND PROCEDURES FOR THE
PROCUREMENT OF SUPPLIES, SERVICES, OR CONSTRUCTION FINANCED
BY FEDERAL CONTRACTS OR GRANTS;

(5)  CONDITIONS AND PROCEDURES FOR COOPERATIVE
PROCUREMENT;

(6)  CONDITIONS AND PROCEDURES FOR PROCUREMENT BY
STATE AGENCIES WHICH IS FINANCED BY REVENUE BONDS;

(7)  CONDITIONS, INCLUDING EMERGENCIES, AND
PROCEDURES UNDER WHICH PROCUREMENT MAY BE MADE BY MEANS
OTHER THAN COMPETITIVE SEALED BIDDING;

(8)  REJECTION OF BIDS, CONSIDERATION OF
ALTERNATE BIDS, AND WAIVER OF INFORMALITIES IN BIDS;

(9)  SAFEGUARDING CONFIDENTIAL, PROPRIETARY
INFORMATION, AND TRADE SECRETS SUBMITTED BY ACTUAL OR
PROSPECTIVE BIDDERS AND OFFERORS;