WILLIAM DONALD SCHAEFER, Governor Ch. 48
(2) REPORTED TO THE LEGISLATIVE POLICY COMMITTEE
WITHIN 30 DAYS AFTER THE WAIVER OCCURS.
REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§ ll-157(b)
and ll-175(b).
In the introductory language of subsection (a)(1) of
this section, the former phrase "in writing", which
referred to the determination in connection with
subsection (a)(l)(i) of this section, is deleted as
unnecessary in light of § 11-207(1) of this article
and as misleading in light of the absence of a similar
express statement with respect to the determinations
under subsection (a)(l)(ii) and (4) of this section.
Also in subsection (a)(l)(i) of this section, the word
"or" is substituted for the former word "and", since
it did not seem to be the intent to allow the waiver
only if both architectural services "and" engineering
services cannot be defined sufficiently to carry out
the procedures in the referenced sections.
In subsection (a)(3) of this section, the former
references to an "act of God" are deleted as included
in the reference to "a natural disaster".
In subsection (a)(4)(i) of this section, the former
references to "prompt action" are deleted as
unnecessary since procurement on an expedited basis,
in any event, requires prompt action.
The Procurement Revision Review Committee notes, for
consideration by the General Assembly, that subsection
(a)(3) of this section, which is carried over from
former SF §§ ll-157(b)(1)(ii) and ll-175(b)(1)(ii),
may be surplusage. That item requires a waiver after
a natural disaster occurs in which public health and
safety are endangered. This thought seems to be
implicit in subsection (a)(2) of this section, which
requires a waiver when the Governor declares an
emergency. The General Assembly may wish to remedy
this apparent redundancy by deleting subsection (a)(3)
of this section.
Defined terms: "Architectural services" § 11-101
"Engineering services" § 11-101
"Selection Board" § 13-301
13-315. RECOMMENDATION TO BOARD OF PUBLIC WORKS.
(A) REQUIRED.
- 1667 -
|