3328

LAWS OF MARYLAND

Ch. 840

[(m)] (CC) "Procurement officer" means [any] A person
authorized by a State agency [in accordance with law or
regulations] to enter into or administer contracts or make
written determinations and findings with respect to them. [The
term also includes an authorized representative acting within the
limits of authority.]

(DD) "PROPOSAL" MEANS A RESPONSE BY A PERSON TO ANY
SOLICITATION, OTHER THAN AN INVITATION FOR BIDS, UNDER THIS PART
OF THIS SUBTITLE.

[(n)] (EE) "Regulation" has the [same definition as "rule"
in the Administrative Procedure Act] MEANING STATED IN § 10-101
OF THE STATE GOVERNMENT ARTICLE of the Code.

(FF) "REQUEST FOR PROPOSALS" MEANS ANY DOCUMENT USED FOR
SOLICITING PROPOSALS UNDER §§ 11-111 THROUGH 11-113 OF THIS
SUBTITLE.

(GG) "RESPONSIBLE BIDDER OR OFFEROR" MEANS A PERSON WHO HAS
THE CAPABILITY IN ALL RESPECTS TO PERFORM FULLY THE CONTRACT
REQUIREMENTS AND POSSESSES THE INTEGRITY AND RELIABILITY THAT
WILL ASSURE GOOD FAITH PERFORMANCE.

(HH) "RESPONSIVE BIDDER" MEANS A PERSON WHO HAS SUBMITTED A
BID UNDER § 11-110 OF THIS SUBTITLE THAT CONFORMS IN ALL MATERIAL
RESPECTS TO THE INVITATION FOR BIDS.

[(o)] (II) (1) "Services" means [the rendering, by a
contractor, of its] LABOR, time [and] OR effort, rather than [the
furnishing of] a specific physical product [other than] FURNISHED
BY A CONTRACTOR, BUT MAY INCLUDE PRODUCTS NECESSARILY ASSOCIATED
WITH A PHYSICAL PRODUCT THE RENDERING OF A SERVICE.

(2)  A CONTRACTOR PERFORMING SERVICES MAY BE REQUIRED
TO FURNISH reports incidental to the [required] performance [of
services]. [This]

(3)  "SERVICES" includes [but is not limited to the
contractual] services provided by [architects, engineers,]
attorneys, accountants, physicians, consultants, and other
professional persons WHO ARE INDEPENDENT CONTRACTORS, AS OPPOSED
TO STATE EMPLOYEES.

(4)  "SERVICES" DOES NOT INCLUDE CONSTRUCTION RELATED
SERVICES, ARCHITECTURAL SERVICES, AND ENGINEERING SERVICES.

[(p)] (JJ) (1) "State agency" means [any] AN agency,
association, board, bureau, college, commission, committee,
council, foundation, fund, department, institute, institution,
public corporation, service, trust, university, or other unit of
the executive branch of [the] State government. [and]

(2) "STATE AGENCY" includes [any] A subunit within
any of these units.