2926

LAWS OF MARYLAND

Ch. 566

(3)  ANY CONTINUING OR TRANSITIONAL COSTS THAT WOULD
BE DIRECTLY ASSOCIATED WITH CONTRACTING FOR THE WORK, INCLUDING
UNEMPLOYMENT COMPENSATION AND THE COST OF TRANSITIONAL SERVICES;
OR AND

(4)  ADDITIONAL COSTS OF PERFORMANCE OF THE WORK BY
STATE EMPLOYEES, INCLUDING THE SALARIES AND BENEFITS OF
ADDITIONAL STAFF AND THE COST OF ADDITIONAL SPACE, EQUIPMENT, AND
MATERIALS NEEDED TO PERFORM THE FUNCTION.

10-106. 8-806.

(A)  A PROCUREMENT AGENCY THAT SEEKS TO ENTER INTO A SERVICE
CONTRACT SHALL SUBMIT TO THE DEPARTMENTS A FORMAL PLAN OF
ASSISTANCE TO THE STATE EMPLOYEES WHO WILL BE ADVERSELY IMPACTED
BY THE SERVICE CONTRACT.

(B)  THE PLAN SHALL INCLUDE, BUT IS NOT LIMITED TO, THE
FOLLOWING PROVISIONS:

(1)  EFFORTS BY THE PROCUREMENT AGENCY TO PLACE
AFFECTED EMPLOYEES IN VACANT POSITIONS IN THAT AGENCY OR OTHER
STATE AGENCIES;

(2)  PROVISIONS IN THE SERVICE CONTRACT, IF FEASIBLE,
FOR THE HIRING OF DISPLACED EMPLOYEES BY THE CONTRACTOR;

(3)  PRIOR NOTIFICATION TO AFFECTED EMPLOYEES 6 MONTHS
IN ADVANCE OF THE ADVERSE IMPACT OR ON THE DATE THE CONTRACT IS
SIGNED, WHICHEVER IS SOONER;

(4)  DEMONSTRATION BY THE AGENCY THAT IT HAS TAKEN
FORMAL AND POSITIVE STEPS IN CONSIDERING ALTERNATIVES TO
CONTRACTING, INCLUDING REORGANIZATION, REEVALUATION OF SERVICE,
AND REEVALUATION OF PERFORMANCE.

10-107. 8-807.

THE DEPARTMENTS MAY CERTIFY A SERVICE CONTRACT TO THE BOARD
ONLY IE THEY FIND THAT:

(1)  THE POTENTIAL ECONOMIC ADVANTAGE OF CONTRACTING
IS NOT OUTWEIGHED BY THE PUBLIC'S INTEREST IN HAVING THE
PARTICULAR FUNCTION PERFORMED DIRECTLY BY THE STATE GOVERNMENT;

(2)  THE CONTRACT DOES NOT ADVERSELY AFFECT THE
STATE'S AFFIRMATIVE ACTION EFFORTS;

(3)  THE CONTRACT WILL INCLUDE ADEQUATE CONTROL
MECHANISMS TO INSURE THAT THE WORK IS CARRIED OUT AS PROVIDED IN
THE TERMS OF THE CONTRACT; AND

(4)  THE CONTRACT COMPLIES WITH ALL OF THE
REQUIREMENTS OF THIS ARTICLE.