HARRY HUGHES, Governor

3351

THAT is consistent with the basic intent of this [Division II
[ of this article] SUBTITLE and [which] THAT is not economically
disadvantageous to this State. Procurements may not be
artificially divided so as to constitute [a] small [procurement
under this section] PROCUREMENTS. At least every 3 years, the
Board shall review the prevailing costs of labor and materials
and, if [warranted] CHANGES IN THOSE COSTS WARRANT IT, recommend
to the legislature [based on appropriate changes in prevailing
costs of labor and materials] appropriate adjustments in the
ceiling of small procurements.

[13-207.] 11-115. NONCOMPETITIVE NEGOTIATED PROCUREMENT.

(a)  A procurement officer procuring human, educational, or
social services 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] 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 § [13-202]
11-110 (competitive sealed bidding) or § [13-203] 11-111
(competitive [negotiation] SEALED PROPOSALS) OF THIS SUBTITLE;
and

(2)   [The] 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)  (1) [(i)] The procurement agency shall give public
notice of its general requirement for services and shall request
that interested service providers respond IN WRITING with general
expressions of interest.

[(ii) This notice shall be reasonable in terms
of the nature of the procurement but shall be given at least 10
days before general expressions of interest are due.

(iii) The procurement officer shall require
that general expressions of interest be in writing.

(2)  If the procurement agency expects to award 1 or
more service contracts, each involving payment by the State to
the service provider of more than $25,000, or a lower threshold
amount as set by the Board by regulation, the request for general
expressions of interest shall indicate this fact and shall be
published in the Maryland Register.

(3)  In addition to any notice required by paragraph
(2) of this subsection, public notice of a request for
expressions of interest may be given by posting on a bid board,
by direct solicitation of potential service providers, by