HARRY HUGHES, Governor

2535

(A) (1) THE COMMISSIONER AND GENERAL MANAGER ARE
AUTHORIZED TO DEVELOP PROGRAMS THAT PROVIDE SERVICES OR
PRODUCE GOODS USED BY:

(I)  STATE INSTITUTIONS OR AGENCIES;

(II)  POLITICAL SUBDIVISIONS OF THIS STATE;

(III)  ANY FEDERAL INSTITUTION OR AGENCY;

(IV)  ANY INSTITUTION, AGENCY, OR POLITICAL
SUBDIVISION OF ANOTHER STATE.

(2) (I) IF A STATE AGENCY, MUNICIPAL

CORPORATION, POLITICAL SUBDIVISION, OR SPECIAL TAXING

DISTRICT RECEIVES FUNDS FROM THE STATE FOR A PROJECT AND
THESE FUNDS CONSTITUTE A MAJORITY OF AT LEAST 51 PERCENT, OR
MORE, OF THE TOTAL FUNDING FOR THIS PROJECT, THEN THE
RECIPIENT OF THE FUNDS SHALL PURCHASE THE GOODS AND SERVICES
FOR THAT PROJECT FROM STATE USE INDUSTRIES, IF THE GOODS AND
SERVICES ARE AVAILABLE FROM STATE USE INDUSTRIES.

(II) THE PROVISIONS OF SUBSECTION (A)

SUPERSEDE ANY PROVISION OF THE LAW REQUIRING THAT GOODS AND

SERVICES BE PURCHASED THROUGH A COMPETITIVE BIDDING

PROCESS.

(2) (I) A STATE AGENCY SHALL PURCHASE GOODS AND
SERVICES FROM STATE USE INDUSTRIES, IF THE GOODS AND
SERVICES ARE AVAILABLE FROM STATE USE INDUSTRIES.

(III) (II) THE PROVISIONS OF SUBSECTION
(A) ARE APPLICABLE ONLY TO GOODS AND SERVICES THAT THE STATE
USE INDUSTRIES CAN SUPPLY AT A COST THAT IS NO MORE THAN THE
PREVAILING AVERAGE MARKET PRICE FOR GOODS AS DETERMINED BY
THE DEPARTMENT OF GENERAL SERVICES AND SERVICES AS
DETERMINED BY THE DEPARTMENT OF BUDGET AND FISCAL PLANNING.

(III) THE PROVISIONS OF THIS SUBSECTION
SHALL BE SUSPENDED BY THE BOARD OF PUBLIC WORKS IF THE BOARD
OF PUBLIC WORKS DETERMINES THAT, AS A RESULT OF THE VOLUME
AND SCOPE OF ACTIVITIES AND SALES BY STATE USE INDUSTRIES,
THE PURPOSES OF THE PROCUREMENT ARTICLE (ARTICLE 21 OF THE
CODE) ARE BEING UNDULY ERODED.

(B) (1) THE DIVISION AND THE STATE USE INDUSTRIES
SHALL CONSULT WITH THE DEPARTMENT OF GENERAL SERVICES,

CONSUMER STATE CONTRACTING AGENCIES, AND POLITICAL

SUBDIVISIONS AND ESTABLISH UNIFORM STANDARDS OF QUANTITY,
QUALITY, STYLE, DESIGN, DELIVERY, SCHEDULING, AND PRICING.

(2) THE UNIFORM STANDARDS SHALL BE DESIGNED TO
REFLECT PLANNED AND FORECASTED PRODUCT LINES AND PRODUCTION
OPERATIONS OF STATE USE INDUSTRIES COMMENSURATE WITH THE
STATE USE INDUSTRY'S ABILITY TO PRODUCE.