3350

LAWS OF MARYLAND

Ch. 840

CONTRACTOR DESCRIBED IN SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH
(1).

[13-205.] 11-113. EMERGENCY AND EXPEDITED PROCUREMENTS.

[(a) If it is determined in accordance with the provisions
of § 13-202 of this article that competitive sealed bidding
cannot be used in awarding a contract because there is only one
available source for the subject of the contract, the procurement
officer may, with the approval of the agency head, award a State
procurement contract by noncompetitive negotiation.

(b) If it is determined in accordance with the provisions
of § 13-202 of this article that competitive sealed bidding
cannot be used in awarding a contract because an unanticipated
emergency leaves insufficient time to use this method, the
procurement officer may, with the approval of the agency head or
his designee, award a State procurement contract by
noncompetitive negotiation. The using agency shall subsequently
submit to the Board a report in writing justifying the need for
this emergency procurement.]

(A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS . SUBTITLE,
THE PROCUREMENT OFFICER, WITH THE APPROVAL OF THE PROCUREMENT
AGENCY HEAD, MAY MAKE AN EMERGENCY PROCUREMENT BY ANY PROCESS HE
CONSIDERS MOST APPROPRIATE TO AVOID OR TO MITIGATE SERIOUS DAMAGE
TO PUBLIC HEALTH, SAFETY, OR WELFARE. THE PROCUREMENT OFFICER
SHALL ATTEMPT TO OBTAIN AS MUCH COMPETITION AS IS POSSIBLE AND
PRACTICABLE. THE PROCUREMENT AGENCY SHALL SUBSEQUENTLY SUBMIT TO
THE BOARD A WRITTEN REPORT JUSTIFYING THE USE OF THE EMERGENCY
PROCUREMENT METHOD.

[(c)] (B) Notwithstanding any other provision of this
[article] SUBTITLE, 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 § [13-202] 11-110 or § [13-203]
11-111 of this article. The procurement officer shall attempt to
obtain as much competition as is possible and practicable.

[(d)] (C) The award of a contract under this section shall
be published in the Maryland Register.

[13-206.] 11-114. SMALL PROCUREMENT.

Procurements INVOLVING EXPENDITURES of not more than
[$7,500] $10,000, AND PROCUREMENTS MADE SUBJECT TO THIS SUBTITLE
BY § 11-103(A)(2) IN WHICH ANY EXPECTED REVENUES TO THE STATE
CONTRACTOR WILL NOT BE MORE THAN $10,000 ANNUALLY, may be made
under small procurement procedures adopted BY REGULATION by a
department. The procedures established by [the] EACH department
shall provide for a simplified administrative process [which]