Ch. 48

LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§
ll-157(a)(2)(v)2. and 11-175(a)(2)(vi)2.

Defined terms: "Procurement contract" § 11-101
"Selection Board" § 13-301

13-314. WAIVER OF REQUIREMENTS.

(A) IN GENERAL.

THE SELECTION BOARD SHALL WAIVE THE REQUIREMENTS OF §§
13-304(B), 13-308, 13-309, 13-311, 13-312(B), AND 13-313 OF THIS
SUBTITLE IF:

(1)  THE SELECTION BOARD DETERMINES THAT:

(I)  THE ARCHITECTURAL SERVICES OR ENGINEERING
SERVICES CANNOT BE DEFINED SUFFICIENTLY SO COMPLETELY AS TO CARRY
OUT THOSE REQUIREMENTS; OR

(II)  THE SPECIFICATIONS REQUIRE ARCHITECTURAL
SERVICES OR ENGINEERING SERVICES THAT ARE AVAILABLE ONLY FROM A
BONA FIDE SINGLE SOURCE OR A PROPRIETARY PRODUCT OR PROCESS;

(2)  THE GOVERNOR DECLARES AN EMERGENCY;

(3)  AFTER A NATURAL DISASTER, PUBLIC HEALTH AND
SAFETY ARE ENDANGERED; OR

(4) ON THE RECOMMENDATION OF THE SECRETARY OF GENERAL
SERVICES OR TRANSPORTATION AND A FINDING BY THE GOVERNOR THAT
EXTRAORDINARY CIRCUMSTANCES EXIST, THE BOARD OF PUBLIC WORKS
DETERMINES THAT:

(I)  FOR A PARTICULAR PROJECT, URGENT
CIRCUMSTANCES REQUIRE THE SELECTION OF A CONTRACTOR ON AN
EXPEDITED BASIS;

(II)  EXPEDITED SELECTION BEST SERVES THE PUBLIC
INTEREST; AND

(III)  THE NEED FOR AN EXPEDITED SELECTION
OUTWEIGHS THE BENEFITS OF CARRYING OUT THOSE REQUIREMENTS.

(B) DOCUMENTATION OF WAIVER.

A WAIVER AND THE REASONS FOR IT SHALL BE DOCUMENTED AND:

(1) IMMEDIATELY REPORTED TO THE MARYLAND REGISTER FOR
PRINTING IN THE NEXT AVAILABLE ISSUE; AND

- 1666 -