2728

LAWS OF MARYLAND

Ch. 775

1-101(S) OF ARTICLE 21, shall purchase all [materials,]
supplies [and equipment,] through or with the approval of
the Secretary of General Services. [The Secretary 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. Except as may be otherwise permitted by other
provisions of law regarding emergencies, all State purchase
contracts in excess of $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.]

(b)  The Secretary of General Services shall determine
and formulate standards of all [materials,] supplies [and
equipment] to be purchased for the using [authorities]
AGENCIES of the State, CONSISTENT WITH ARTICLE 21.

(c)   [It] CONSISTENT WITH ARTICLE 21, IT shall be the
duty of the Secretary of General Services to contract for or
purchase all materials, supplies, and equipment, except
those which the Secretary may determine are of a strictly
perishable character, or which the Secretary may determine
it is impracticable for the using [authorities] AGENCIES to
purchase through or with the approval of the Secretary, or
which may be purchased by using [authorities] AGENCIES under
the authority and with the approval of the Secretary.

(d)  Estimates of the amount and quality of
[materials,] supplies [and equipment] needed by the using
[authorities] AGENCIES shall be submitted at such periods
as may be prescribed by the Secretary of General Services.
[When purchases are made through competitive bidding, the
Secretary may require the successful bidder to furnish a
bond to the State, with good and sufficient surety,
conditioned that he will fully and faithfully perform the