HARRY HUGHES, Governor                               1621

WHEREAS, A determination has been made under COMAR
Title 21 that purchase of service agreements, which
previously have been processed administratively under
internal, informal grant procedures of State human service
agencies, are now classified as procurements or acquisitions
subject to the applicability of the new procurement law; and

WHEREAS, A question has arisen as to the necessity and
benefit of processing human service agreements under this
new Act, particularly with respect to the preservation of
the public health, safety and stability of clients currently
receiving habilitative or rehabilitative services under
human service agreements awarded by the State to eligible
providers; and

WHEREAS, The Board of Public Works has authorized the
establishment of an ad hoc subcommittee to review and study
these issues and to make appropriate recommendations to the
Board of Public Works and the General Assembly by September
30, 1982; and

WHEREAS, An appropriate mechanism is required in the
statute that will clearly permit some degree of discretion
and flexibility to be exercised by the Board of Public Works
and the affected State agencies in awarding these human
service contracts; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
read(s) as follows:

Article 21 - Procurement

1-101.

(f) (1) "Contract" means every agreement entered into
by a State agency for the procurement of supplies, services,
construction, or any other item and includes:

(i) Awards and notices of award;

(ii) Contracts of a fixed price,

cost reimbursement, cost plus a fixed fee, fixed price

incentive, or cost plus incentive fee type;

(iii) Contracts providing for the issuance
of job or task orders;

(iv) Leases;

(v) Letter contracts;

(vi) Purchase orders;