PARRIS N. GLENDENING, Governor                             Ch. 347

(c) If the General Assembly authorizes or requires that certain services be
performed by an independent contractor, the Board of Public Works may approve a
service contract for those services without the certification required by subsection (b) of
this section.

[12-404.] 13-404.

(a)     The departments may certify a service contract to the Board of Public Works
as provided in this section.

(b)     The departments may certify a service contract as being exempt from the
preference stated in [§ 12-402] § 13-402 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)     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] § 13-405 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] § 13-402 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.

[12-405.] 13-405.

(a) A unit that seeks to enter into a service contract that is not exempt under [§
12-403(c)] § 13-403(C) or [§ 12-404(b)] § 13-404(B) of this subtitle shall submit to the
departments the information required by this section.

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