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Ch. 549 2006 LAWS OF MARYLAND
Article - State Government
15-508.
(a) An individual or a person that employs an individual who assists an
executive unit in the drafting of specifications, an invitation for bids, a request for
proposals for a procurement, or the selection or award made in response to an
invitation for bids or request for proposals may not:
(1) submit a bid or proposal for that procurement; or
(2) assist or represent another person, directly or indirectly, who is
submitting a bid or proposal for that procurement.
(b) For purposes of subsection (a) of this section, assisting in the drafting of
specifications, an invitation for bids, or a request for proposals for a procurement does
not include:
(1) providing descriptive literature such as catalogue sheets, brochures,
technical data sheets, or standard specification "samples", whether requested by an
executive agency or provided on an unsolicited basis;
(2) submitting written comments on a specification prepared by an
agency or on a solicitation for a bid or proposal when comments are solicited from two
or more persons as part of a request for information or a prebid or preproposal
process;
(3) providing specifications for a sole source procurement made in
accordance with § 13-107 of the State Finance and Procurement Article;
(4) providing architectural and engineering services for:
(i) programming, master planning, or other project planning
services; or
(ii) the design of a construction project if:
1. THE DESIGN SERVICES DO NOT INVOLVE LEAD OR PRIME
DESIGN RESPONSIBILITIES OR CONSTRUCTION PHASE RESPONSIBILITIES ON
BEHALF OF THE STATE: AND
1. 2. A. the anticipated value of the procurement
contract at the time of advertisement is at least $2,500,000 and not more than
$100,000,000; and OR
2. the design services do not involve lead or prime design
responsibilities on construction phase responsibilities on behalf of the State; or
B. REGARDLESS OF THE AMOUNT OF THE PROCUREMENT
CONTRACT. THE PAYMENT TO THE INDIVIDUAL OR PERSON FOR THE DESIGN
SERVICES DOES NOT EXCEED $500,000: OR
(5) providing specifications for an unsolicited proposal procurement
made in accordance with § 13-107.1 of the State Finance and Procurement Article.
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