PARRIS N. GLENDENING, Governor                              Ch. 680

OR PARTICIPATE IN AN INTERGOVERNMENTAL COOPERATIVE PURCHASING
AGREEMENT, WITH THE APPROVAL OF THE UNIT HEAD AND SUBJECT TO ANY
OTHER APPROVAL REQUIRED BY LAW, THE PRIMARY PROCUREMENT UNIT MAY
BECOME A PARTY TO OR PARTICIPATE UNDER THE AGREEMENT.

(2) A DETERMINATION UNDER THIS SUBSECTION SHALL BE IN WRITING
AND INCLUDE A STATEMENT THAT THE INTERGOVERNMENTAL COOPERATIVE
PURCHASING AGREEMENT:

(I)      WILL PROVIDE COST BENEFITS TO THE STATE, PROMOTE
ADMINISTRATIVE EFFICIENCIES, OR PROMOTE INTERGOVERNMENTAL
COOPERATION; AND

(II)     IS NOT INTENDED TO EVADE THE PURPOSES OF THIS DIVISION
II.

(3) A PRIMARY PROCUREMENT UNIT MAY NOT PARTICIPATE UNDER A
FEDERAL CONTRACT IF THE STATE'S PARTICIPATION IS VALUED AT LESS THAN

$250,000.

(C)     (1) IF A PRIMARY PROCUREMENT UNIT SPONSORS AN
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT:

(I)      THE CONTRACT SHALL BE AWARDED IN THE SAME MANNER AS
THE CONTRACT WOULD BE AWARDED UNDER THIS DIVISION II IF THE UNIT WAS
THE SOLE PARTICIPANT UNDER THE CONTRACT; AND

(II)    ALL PROCEDURES UNDER THIS DIVISION II, INCLUDING
PROCEDURES GOVERNING CONTRACT CLAIMS AND PROTESTS, SHALL APPLY.

(2) A POLITICAL SUBDIVISION OF THE STATE MAY PARTICIPATE UNDER
ANY INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT SPONSORED
BY A PRIMARY PROCUREMENT UNIT IN A MANNER CONSISTENT WITH THE TERMS
OF THE AGREEMENT.

(D)    IF A PRIMARY PROCUREMENT UNIT PARTICIPATES IN AN
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT, ANY PROTEST
OR CONTRACT CLAIM INVOLVING THE AGREEMENT SHALL BE HANDLED IN
ACCORDANCE WITH THE TERMS OF THE AGREEMENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 1997.

Approved May 22, 1997.

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