S.B. 140

VETOES

Procurement - Conflict of Interest

FOR the purpose of providing that certain kinds of activities do not disqualify an
individual from participating in or assisting another in participating in certain
procurements; and generally relating to the limitation on participating in a
procurement after assisting in the drafting of certain documents relating to that
procurement.

BY repealing and reenacting, with amendments,
Article - State Government
Section 15-508
Annotated Code of Maryland
(1995 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - State Government

15-508.

(A)    An individual who assists an executive unit in the drafting of specifications, an
invitation for bids, or a request for proposals for a procurement, or a person that employs
the individual, may not:

(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 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 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 INDIVIDUALS 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.

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