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Session Laws, 1994
Volume 773, Page 3362   View pdf image
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               (1) ENSURE THAT THE STATE'S PROCUREMENT SYSTEM IS UTILIZING
THE MOST ADVANCED PROCUREMENT METHODS AND MANAGEMENT TECHNIQUES;

(2)      EFFECT AND ENHANCE COMMUNICATION BETWEEN STATE UNITS
ON PROCUREMENT MATTERS, WITH AN EMPHASIS ON DISSEMINATING
INFORMATION ON CURRENT DEVELOPMENTS AND ADVANCES IN PROCUREMENT
METHODS AND MANAGEMENT;

(3)      PROVIDE A FORUM FOR THE DISCUSSION OF SPECIFIC
PROCUREMENT ISSUES AND PROBLEMS THAT ARISE;

(4)      ADVISE THE BOARD ON PROBLEMS IN THE PROCUREMENT PROCESS
AND MAKE RECOMMENDATIONS FOR IMPROVEMENT OF THE PROCESS; AND

(5)      REVIEW EXISTING PROCUREMENT REGULATIONS TO:

(I)       DETERMINE WHETHER THEY FULFILL THE INTENT AND
PURPOSE OF THE LAW, ESPECIALLY AS IT RELATES TO FOSTERING BROAD-BASED
COMPETITION; AND

(II)     MAKE RECOMMENDATIONS ON REVISING THE REGULATIONS
TO SIMPLIFY AND RESTRUCTURE THEM FOR, IF REVISING AND RESTRUCTURING THEM
WILL RESULT IN
EASIER UNDERSTANDING AND USE.

13-108.

(a) (1) Except as provided in § 11-205 ("Fraud in procurement"), § 10-204
("Board approval for designated contracts"), § 13-219 ("Required clauses —
Nondiscrimination clause"), § 13-221 ("Disclosures to Secretary of State"), Title 16
("Debarment of Contractors"), or Title 17 of this article ("Special Provisions — State and
Local Subdivisions"), with the approval of the head of a unit, its procurement officer may
make an emergency procurement by any method that the procurement officer considers
most appropriate to avoid or mitigate serious damage to public health, safety, or welfare.

(2) The procurement officer shall:

(i) [try to] obtain as much competition as [reasonably] possible
UNDER THE CIRCUMSTANCES; [and]

(II) LIMIT THE EMERGENCY PROCUREMENT TO THE
PROCUREMENT OF ONLY THOSE ITEMS, BOTH IN TYPE AND QUANTITY, NECESSARY
TO AVOID OR TO MITIGATE SERIOUS DAMAGE TO PUBLIC HEALTH, SAFETY, OR
WELFARE; AND

[(ii)](III) after awarding the procurement contract, submit to the
Board a written report that gives the justification for use of the emergency procurement
procedure.

[(b) (1) Except as provided in § 11-205 ("Fraud in procurement"), § 10-204
("Board approval for designated contracts"), § 13-219 ("Required clauses —
Nondiscrimination clause"), § 13-221 ("Disclosures to Secretary of State"), Title 16
("Debarment of Contractors"), or Title 17 of this article ("Special Provisions — State and

- 3362 -

1994 LAWS OF MARYLAND

Ch. 750

 

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Session Laws, 1994
Volume 773, Page 3362   View pdf image
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