1832

LAWS OF MARYLAND

Ch. 292

(2) IN AWARDING CONTRACTS FOR THE PROCUREMENT OF
HUMAN, SOCIAL, CULTURAL, OR EDUCATIONAL SERVICES, THE PREFERRED
METHOD OF AWARD IS BY COMPETITIVE NEGOTIATION.

3-205.

(C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, A
PROCUREMENT AGENCY MAY, WITH THE PRIOR APPROVAL OF THE AGENCY
HEAD AND THE BOARD, MAKE A PROCUREMENT ON AN EXPEDITED BASIS IF
THE PROCUREMENT AGENCY HEAD AND THE BOARD FIND THAT URGENT
CIRCUMSTANCES REQUIRE PROMPT ACTION, THAT AN EXPEDITED
PROCUREMENT BEST SERVES THE PUBLIC INTEREST, AND THAT THE NEED
FOR THE EXPEDITED PROCUREMENT OUTWEIGHS THE BENEFITS OF MAKING
THE PROCUREMENT UNDER § 3-202 OR § 3-203 OF THIS ARTICLE. THE
PROCUREMENT OFFICER SHALL ATTEMPT TO OBTAIN AS MUCH COMPETITION
AS IS POSSIBLE AND PRACTICABLE.

(D) THE AWARD OF A CONTRACT UNDER THIS SECTION SHALL BE
PUBLISHED IN THE MARYLAND REGISTER.

3-207.

(A) NOTWITHSTANDING SECTION 3-201(B), COMPETITIVE SEALED
BIDDING IS NOT THE PREFERRED METHOD FOR PROCUREMENT OF HUMAN,

SOCIAL, CULTURAL AND EDUCATIONAL SERVICES. IN THOSE INSTANCES

DESCRIBED IN SUBSECTION 3-207(B) THE NONCOMPETITIVE NEGOTIATED
PROCUREMENT METHOD MAY BE USED.

(A) (B)(A) A PROCUREMENT OFFICER MAKING A PROCURING HUMAN,
EDUCATIONAL, OR SOCIAL SERVICES PROCUREMENT THAT IS DIRECTLY

RELATED TO THE PROVISION OF SERVICES FOR PERSONS THAT TO BE

PROVIDED DIRECTLY TO INDIVIDUALS WHO ARE AGED, INDIGENT,
DISADVANTAGED, UNEMPLOYED, MENTALLY OR PHYSICALLY ILL,
HANDICAPPED, DISPLACED, OR MINORS MAY USE THE METHOD SET FORTH IN
THIS SECTION IF:

(1)  THE PROCUREMENT OFFICER DETERMINES, WITH THE
APPROVAL OF THE AGENCY HEAD, THAT THERE ARE 2 OR MORE AVAILABLE
SOURCES FOR THE SERVICES REQUIRED BUT, BECAUSE OF THE ABSENCE OF
EFFECTIVE COMPETITION, IT IS UNREASONABLE TO EXPECT THOSE SOURCES
TO RESPOND TO A SOLICITATION UNDER § 3-202 (COMPETITIVE SEALED
BIDDING) OR § 3-203 (COMPETITIVE SEALED PROPOSALS NEGOTIATION);
AND

(2)  THE PROCUREMENT IS ONE OF A CLASS FOR WHICH THE
DEPARTMENT OF BUDGET AND FISCAL PLANNING HAS APPROVED THE USE OF
THE METHOD DESCRIBED IN THIS SECTION.

(B) (C) (B) (1) (I) THE PROCUREMENT AGENCY SHALL GIVE
PUBLIC NOTICE OF ITS GENERAL REQUIREMENT FOR SERVICES AND SHALL
REQUEST THAT INTERESTED SERVICE PROVIDERS RESPOND WITH GENERAL
EXPRESSIONS OF INTEREST.