Ch. 449                                    1996 LAWS OF MARYLAND

(1)     submit a bid or proposal for that procurement; or

(2)     assist or represent another person, directly or indirectly, who is
submitting a bid or proposal for that procurement.

(B) FOR THE PURPOSE PURPOSES OF SUBSECTION (A) OF THIS SECTION,
ASSISTING IN THE DRAFTING OF SPECIFICATIONS, AN INVITATION FOR BIDS, OR A
REQUEST FOR PROPOSALS FOR A PROCUREMENT DOES NOT INCLUDE:

(1)     PROVIDING DESCRIPTIVE LITERATURE SUCH AS CATALOG
CATALOGUE SHEETS, BROCHURES, TECHNICAL DATA SHEETS, OR STANDARD
SPECIFICATION "SAMPLES", WHETHER REQUESTED BY AN EXECUTIVE AGENCY OR
PROVIDED ON AN UNSOLICITED BASIS;

(2)     SUBMITTING WRITTEN COMMENTS ON A SPECIFICATION PREPARED
BY AN AGENCY OR ON A SOLICITATION FOR A BID OR PROPOSAL WHEN COMMENTS
ARE SOLICITED FROM TWO OR MORE PERSONS AS PART OF A REQUEST FOR
INFORMATION OR A PREBID OR PREPROPOSAL PROCESS; OR

(3)     PROVIDING SPECIFICATIONS FOR A SOLE SOURCE PROCUREMENT
MADE IN ACCORDANCE WITH § 13-107 OF THE STATE FINANCE AND PROCUREMENT
ARTICLE; OR

(4) PROVIDING ARCHITECTURAL AND ENGINEERING SERVICES FOR
PROGRAMMING, MASTER PLANNING, OR OTHER PROJECT PLANNING SERVICES.

(C) A PERSON WHO HAS ASSISTED AN EXECUTIVE AGENCY IN THE DRAFTING
OF SPECIFICATIONS, AN INVITATION FOR BIDS; OR A REQUEST FOR PROPOSALS MAY
SUBMIT A BID OR PROPOSAL OR ASSIST OR REPRESENT ANOTHER PERSON,
DIRECTLY OR INDIRECTLY, WHO IS SUBMITTING A BID OR PROPOSAL FOR THAT
PROCUREMENT IF THE BOARD OF PUBLIC WORKS PROVIDES BY REGULATION THAT,
AS TO THAT TYPE OF OUTSIDE ASSISTANCE OR THAT KIND OF PROCUREMENT:

(1) IT IS IN THE BEST INTEREST OF THE STATE FOR AN EXECUTIVE
AGENCY TO OBTAIN OUTSIDE ASSISTANCE IN DRAFTING THE SPECIFICATIONS, THE
INVITATION FOR BIDS, OR THE REQUEST FOR PROPOSALS; AND

(2) ALLOWING A PERSON WHO HAS ASSISTED IN DRAFTING THE
SPECIFICATIONS, THE INVITATION FOR BIDS, OR THE REQUEST FOR PROPOSALS TO
PARTICIPATE IN THE SUBMISSION OF A BID OR PROPOSAL FOR THE SAME
PROCUREMENT WILL NOT UNDERMINE THE POTENTIAL FOR EFFECTIVE
BROAD-BASED COMPETITION FOR THAT KIND OF PROCUREMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 1996.

Approved May 14, 1996.

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