Ch. 276                                     1993 LAWS OF MARYLAND

(1992 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Education

16-408.

(a) (1) Except as provided in paragraph (2) of this subsection, this section
applies to every contract for any building, improvement, equipment, or supplies.

(2) This section does not apply to:

(i) The purchase of books or other materials for instruction;

(ii) Emergency repairs;

(iii) Any contract or purchase made by a county for a community
college under procedures authorized by the county charter or an act of the General
Assembly; or

(iv) Any contract or purchase that qualifies as a "small procurement"
as defined in the State Procurement Regulations.

(B) ALL PROCUREMENTS SHALL BE BY COMPETITIVE SEALED BIDS, AS
DESCRIBED IN THIS SECTION, UNLESS ONE OF THE FOLLOWING METHODS IS
SPECIFICALLY AUTHORIZED:

(1)      COMPETITIVE SEALED PROPOSALS UNDER § 16-408.2 OF THIS
SUBTITLE; OR                                                                                                                 

(2)      SOLE SOURCE PROCUREMENT UNDER § 16-408.3 OF THIS SUBTITLE.

[(b)](C) (1) The board of trustees, at least 2 weeks before bids are to be filed,
shall advertise for bids in at least one newspaper published in the county.

(2) The board of trustees may name in the specifications and advertisements
for bids the particular make, kind, or brand of article to be contracted for or purchased.

[(c)](D) (1) The board of trustees of each community college may provide for
the prequalification of persons as prospective responsible bidders for procurements other
than leases of real property.

(2) If a board of trustees uses a prequalification procedure for awarding a
procurement contract:

(i) A person who is not prequalified may submit a bid or proposal;
and

(ii) After bid opening or receipt of proposals and before awarding the
procurement contract, a procurement officer may determine that:

1. A person who was not prequalified at the time of bid opening
or receipt of proposals is a responsible bidder; or

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