2924                                        LAWS OF MARYLAND                                    Ch. 566

Section 8-801 through 8-807, to be under the new subtitle

"Subtitle 8. Procurement of Services"
Annotated Code of Maryland
(1981 Replacement Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 21 - Procurement

TITLE 10. SUBTITLE 8. PROCUREMENT OF SERVICES

10-101. 8-801.

(A)  IN THIS TITLE SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(B)  "DEPARTMENTS" MEANS THE DEPARTMENT OF BUDGET AND FISCAL
PLANNING AND THE DEPARTMENT OF PERSONNEL.

(C)  "SERVICE CONTRACT" MEANS A CONTRACT FOR THE PROCUREMENT
OF SERVICES PROVIDED WITHIN STATE OPERATED FACILITIES ESTIMATED
BY THE PROCUREMENT OFFICER TO EXCEED $100,000 IN ANNUAL COST.

10-102. 8-802.

IT IS THE POLICY OF THIS STATE THAT STATE EMPLOYEES SHALL
PERFORM ALL STATE FUNCTIONS WITHIN STATE OPERATED FACILITIES IN
PREFERENCE TO CONTRACTING WITH THE PRIVATE SECTOR FOR THE
PERFORMANCE OF THOSE FUNCTIONS. SERVICE CONTRACTS MAY BE ENTERED
INTO ONLY AS PROVIDED IN THIS TITLE SUBTITLE.

10-103. 8-803.

(A) EACH PROSPECTIVE SERVICE CONTRACT MUST BE APPROVED BY
THE BOARD PRIOR TO THE SOLICITATION OF BIDS OR OFFERS BY THE
PROCUREMENT AGENCY.

(B) BEFORE GRANTING APPROVAL FOR A SERVICE CONTRACT, THE
BOARD SHALL RECEIVE CERTIFICATION FROM EACH OF THE DEPARTMENTS
THAT:

(1)  THE SERVICE CONTRACT IS IN AN EXEMPTED CLASS AS
PROVIDED IN § 10-104 8-804 OF THIS TITLE SUBTITLE; OR

(2)  THE CONDITIONS OF §§ 19-195 8-805 THROUGH 19-19?
8-807 OF THIS TITLE SUBTITLE HAVE BEEN, OR ARE BEING, FULFILLED.

10-104. 8-804.

A SERVICE CONTRACT MAY BE CERTIFIED BY THE DEPARTMENTS AS
EXEMPT FROM THE PREFERENCE STATED IN § 10-102 8-802 OF THIS TITLE
SUBTITLE IF IT FALLS WITHIN 1 OR MORE OF THE FOLLOWING CLASSES: