1564

LAWS OF MARYLAND

Ch. 272

Article 21 - Procurement

Section 9-109 and 9-209

Annotated Code of Maryland

(1973 Replacement Volume and 1980 Supplement)

(As enacted by Chapter 775 of the Acts of the

General Assembly of 1980)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
(as enacted by Chapter 775 of the Acts of the General
Assembly of 1980) be repealed, amended, or enacted to read
as follows:

Article 21 - Procurement

9-109.

(a) (1) The recommendation of the Transportation
Selection Board for the procurement and award of each
contract for architectural and engineering services costing
over $25,000 shall:

(i) Be made on a competitive basis; and

(ii) Include an evaluation of technical
and price proposals from two or more persons.

(2) Neither the technical proposal nor the price
proposal may be the sole criterion in making a
recommendation on a competitive basis.

(b) (1) The Transportation Selection Board may waive
the requirements of subsection (a) of this section if:

(i) It determines in writing that the
architectural and engineering services cannot be defined so
completely as to lend themselves to the procedures set forth
in subsection (a) of this section;

(ii) The public health and safety is
endangered after a natural disaster or act of God;

(iii) A state of AN emergency is declared
by the Governor; [or]

(iv) A bona fide single source of supply
or a proprietary product or process is required[.]; OR

(V) THERE IS SOME OTHER REASON TO USE ONE
OF THE OTHER AUTHORIZED METHODS THAT IS SO COMPELLING THAT

IT OVERRIDES THE GENERAL PUBLIC POLICY IN FAVOR OF

COMPETITIVE PROCUREMENT.

(2) Each waiver and the reasons for it shall be: