Ch. 750

1994 LAWS OF MARYLAND

(3) THE PROCUREMENT ADVISOR SHALL:

(I)       HAVE ACCESS TO ALL BOOKS, ACCOUNTS, RECORDS, REPORTS,
ANY MATERIAL RELATED TO CONTRACTS AND PROCUREMENT, AND ALL OTHER
PAPERS AND EQUIPMENT NECESSARY TO CARRY OUT ITS RESPONSIBILITIES; AND

(II)     HAVE DIRECT AND PROMPT ACCESS TO ALL HEADS OF
AGENCIES INVOLVED IN THE EXPENDITURE OF PUBLIC FUNDS.

(B)      (1) (I) THE BOARD SHALL APPOINT A GENERAL COUNSEL, WHO
SERVES AT THE PLEASURE OF THE BOARD.

(II) THE GENERAL COUNSEL SHALL BE AN ATTORNEY IN THIS
STATE.

(2)      THE GENERAL COUNSEL SHALL:

(I)       PROVIDE INDEPENDENT LEGAL ADVICE TO THE BOARD;

(II)     EXAMINE ALL PROCUREMENTS THAT ARE SUBJECT TO
REVIEW BY THE BOARD AND MAKE RECOMMENDATIONS TO THE BOARD AS TO THE
LEGAL SUFFICIENCY OF THE PROCUREMENTS, WITH AN EMPHASIS ON WHETHER
THE PROPOSED PROCUREMENT HAS BEEN COMPETITIVELY CONDUCTED;

(III)    ASSIST THE PROCUREMENT ADVISOR IN INVESTIGATIONS
UNDERTAKEN BY THE PROCUREMENT ADVISOR;

(IV)    ASSIST THE PROCUREMENT ADVISOR IN RESPONDING TO
COMPLAINTS MADE BY STATE EMPLOYEES, CONTRACTORS, AND OTHER
INTERESTED PARTIES CONCERNING FRAUD, WASTE, AND ABUSE IN THE
PROCUREMENT PROCESS OR ANY ALLEGED VIOLATION OF THE PROCUREMENT
LAW AND REGULATIONS; AND

(V)     COMPILE INFORMATION FOR DISTRIBUTION TO STATE
PROCUREMENT OFFICIALS RELATING TO RECENT DECISIONS OF THE MARYLAND
STATE BOARD OF CONTRACT APPEALS AND STATE AND FEDERAL COURTS
CONCERNING PROCUREMENT, INCLUDING ANY POLICY OR LEGAL GUIDANCE TO
THE PROCUREMENT OFFICIALS BASED ON THESE DECISIONS.

(3)      THE GENERAL COUNSEL SHALL:

(I)       HAVE ACCESS TO ALL BOOKS, ACCOUNTS, RECORDS, ANY
MATERIAL RELATED TO CONTRACTS AND PROCUREMENT, AND ALL OTHER PAPERS
AND EQUIPMENT NECESSARY TO CARRY OUT ITS RESPONSIBILITIES; AND

(II)     HAVE DIRECT AND PROMPT ACCESS TO ALL HEADS OF
AGENCIES INVOLVED IN THE EXPENDITURE OF PUBLIC FUNDS.

(C)      In accordance with the State budget, the Board may appoint [the] ANY
ADDITIONAL staff necessary to carry out its responsibilities under this Division II.

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