3434

LAWS OF MARYLAND

Ch. 840

(C) "PROCUREMENT AGENCY" HAS THE SAME MEANING SPECIFIED IN
§ 11-101 OF THE STATE FINANCE AND PROCUREMENT ARTICLE OF THE
CODE.

[(c)] (D) "Service contract" means a contract for the
procurement of services, AS DEFINED IN TITLE 11 OF THE STATE
FINANCE AND PROCUREMENT ARTICLE OF THE CODE, provided within
State operated facilities estimated by the procurement officer to
exceed $100,000 in annual cost.

[18-802.] 58.

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 subtitle.

[18-803.] 59.

Before granting approval for a service contract, the Board
OF PUBLIC WORKS shall receive certification from each of the
departments that:

(1)  The service contract is in an exempted class as
provided in § [18-804] 60 of this subtitle; or

(2)  The conditions of §§ [18-805] 61 through [18-807]
63 of this subtitle have been, or are being, fulfilled.

[18-804.] 60.

Except where the General Assembly has mandated or authorized
the performance of these services by an independent contractor, a
service contract may be certified by the departments as exempt
from the preference stated in § [18-802] 58 of this subtitle if
it falls within one or more of the following classes:

(1)  The services to be contracted for are not
available for performance by State employees;

(2)  The services are incidental to a contract for the
purchase or lease of real or personal property. A contract in
this classification may include a "service agreement" attendant
to the purchase or rental of office equipment or computers;

(3)  There is a clear need to obtain independent and
unbiased findings or opinions. A contract in this classification
may include obtaining the services of an expert witness in
litigation;

(4)  A conflict of interest would result from
performance of the services by a State employee; or