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ROBERT L. EHRLICH, JR., Governor Ch. 257
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to undertake certain types of procurements; authorizing the Maryland
Environmental Service to provide a process to resolve disputes; providing that
existing obligations or contract rights may not be impaired by this Act; and
generally relating to procurement by the Maryland Environmental Service.
BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 3-103(g)
Annotated Code of Maryland
(2000 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
3-103.
(g) (1) The Service is exempt from the provisions of Part III of Subtitle 3 and
Subtitles 4, 5, 6, and 7 of Title 4 of the State Finance and Procurement Article.
(2) The Service is exempt from the provisions of Division II of the State
Finance and Procurement Article, but is not exempt from Subtitle 3 of Title 14, Title
16, and Title 17 of the State Finance and Procurement Article.
(3) (I) [All purchases] EXCEPT AS OTHERWISE PROVIDED IN THIS
PARAGRAPH, ALL PROCUREMENTS by the Service[, including but not limited to
contracts and orders] for materials, EQUIPMENT, services, [and] OR supplies
performed or furnished in connection with the PLANNING, DEVELOPMENT, DESIGN,
EQUIPPING, construction, OR OPERATION of any project owned or controlled by the
Service, shall be awarded in accordance with rules and regulations adopted pursuant
to the Administrative Procedure Act[, which rules and regulations shall provide, with
respect to contracts and orders involving the expenditure of more than $10,000 for
award after either competitive bidding or public design competition, and which rules
and regulations need not be approved by any other board, agency, or department of
the State. The Service's rules and regulations providing for competitive bidding or
public design competition may include competitive sealed bidding, competitive
negotiations, and revised bids after competitive sealed bidding where all bids are
rejected as methods of source selection and contract formation].
(II) THE SERVICE MAY PROCURE MATERIALS, EQUIPMENT,
SERVICES, OR SUPPLIES BY UTILIZING:
1. COMPETITIVE SEALED BIDS;
2. COMPETITIVE SEALED PROPOSALS;
3. SOLE SOURCE PROCUREMENT;
4. INTERGOVERNMENTAL COOPERATIVE PURCHASING
AGREEMENTS;
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