AN ACT concerning

Procurement Practices and Oversight Improvement Act

FOR the purpose of requiring that, for certain purposes, the Board of Public Works is an
independent agency and all expenses related to the administration of the Board
shall be separately identified and independent of the budget of any other agency;
requiring the Board, with the assistance of the Department of Budget arid Fiscal
Planning, to compile certain statistics; requiring the Board to develop and submit a
certain annual report; requiring the Board to appoint a Procurement Advisor with
the advice and consent of the Senate; establishing the duties and responsibilities of
the Procurement Advisor; requiring the Board to appoint a General Counsel;
establishing the duties and responsibilities of the General Counsel; altering the
membership and duties and responsibilities of the Procurement Advisory Council as
well as the required frequency of its meetings; altering the conditions for the use of
emergency procurement procedures; eliminating providing that the expedited
procurement method may be utilized by certain agencies; prohibiting certain persons
from engaging in certain conduct during the course of a procurement; applying
altering certain provisions of law that prohibit the payment of contingent fees and
applying these provisions to all procurement contracts; authorizing the Board of
Contract Appeals and the Board of Public Works to award certain costs under
certain circumstances relating to the filing of appeals and protests; authorizing the
Office of Legislative Audits to conduct certain investigations under certain
circumstances; requiring the Legislative Auditor to report certain violations of law
to the Office of the Attorney General and requiring the Office of the Attorney
General to issue a certain response to these reports; prohibiting the Board of Public
Works from authorizing more than a certain number of positions during Fiscal Year
1995 as a result of the enactment of this Act; and generally relating to improvements
in the State's procurement practices and oversight.

BY repealing and reenacting, with amendments,
Article - State Finance and Procurement
Section 12-101(b), 12-102, 12-105, 13-108, and 13-316
Annotated Code of Maryland
(1988 Replacement Volume and 1993 Supplement)

BY adding to

Article - State Finance and Procurement
Section 10-205, 13-211, 13-223, and 15-221.1
Annotated Code of Maryland

- 3356 -

CHAPTER 750
(Senate Bill 625)

Approved May 26, 1994.

Ch. 750

1994 LAWS OF MARYLAND