Ch. 10

1993 LAWS OF MARYLAND

THE DEPARTMENTS MAY CERTIFY A SERVICE CONTRACT TO THE BOARD OF
PUBLIC WORKS AS PROVIDED IN THIS SECTION.

(B) EXEMPT CONTRACTS.

THE DEPARTMENTS MAY CERTIFY A SERVICE CONTRACT AS BEING EXEMPT
FROM THE PREFERENCE STATED IN § 12-402 OF THIS SUBTITLE IF:

(1)      STATE EMPLOYEES ARE NOT AVAILABLE TO PERFORM THE
SERVICES;

(2)      A CONFLICT OF INTEREST WOULD RESULT IF A STATE EMPLOYEE
WERE TO PERFORM THE SERVICES;

(3)      THE NATURE OF THE SERVICES MEETS THE STANDARDS SET BY THE
DEPARTMENT OF PERSONNEL FOR EMERGENCY APPOINTMENTS;.

(4)      THE SERVICES ARE INCIDENTAL TO THE PURCHASE OR LEASE OF
PERSONAL PROPERTY OR REAL PROPERTY, SUCH AS A SERVICE AGREEMENT THAT
IS PART OF THE PURCHASE OR RENTAL OF COMPUTERS OR OFFICE EQUIPMENT; OR

(5)      A CLEAR NEED EXISTS TO. OBTAIN AN UNBIASED FINDING OR
OPINION, SUCH AS AN EXPERT WITNESS IN LITIGATION.

(C) NONEXEMPT CONTRACTS.

THE DEPARTMENTS MAY CERTIFY A SERVICE CONTRACT THAT IS NOT EXEMPT
UNDER SUBSECTION (B) OF THIS SECTION ONLY IF:

(1)      THE UNIT THAT SEEKS TO ENTER INTO THE SERVICE CONTRACT
HAS COMPLIED WITH § 12-405 OF THIS SUBTITLE; AND

(2)      THE DEPARTMENTS. FIND THAT: ...

(I) THE POTENTIAL ECONOMIC ADVANTAGE OF ENTERING INTO
THE SERVICE CONTRACT IS NOT "OUTWEIGHED BY THE PREFERENCE STATED IN §
12-402 OF THIS SUBTITLE;

              (II) THE SERVICE CONTRACT DOES NOT ADVERSELY AFFECT THE

AFFIRMATIVE ACTION EFFORTS OF THIS STATE;

(III)    THE SERVICE CONTRACT INCLUDES ADEQUATE CONTROL
MECHANISMS TO ENSURE THAT THE SERVICES WILL BE PERFORMED IN
ACCORDANCE WITH THE SERVICE CONTRACT; AND

(IV)    THE SERVICE CONTRACT COMPLIES WITH ALL OF THE
REQUIREMENTS OF DIVISION II OF THE STATE' FINANCE AND PROCUREMENT
ARTICLE,                                                                                                                                             

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 64A, § 59(1) and (2), § 63, and, except for its
introductory exception, § 60.                                               

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