A UNIT OF STATE GOVERNMENT SHALL PURCHASE FROM STATE USE
INDUSTRIES ANY GOODS OR SERVICES THAT ARE AVAILABLE FROM STATE-USE
INDUSTRIES AND THAT STATE USE INDUSTRIES CAN PROVIDE AT A PRICE NOT
EXCEEDING THE PREVAILING AVERAGE MARKET PRICE AS DETERMINED BY THE
DEPARTMENT OF GENERAL SERVICES.
(B) PURCHASES THROUGH PRIMARY PROCUREMENT UNITS.
(1) THE CONTRACTING UNIT SHALL INFORM EACH UNIT OF STATE
GOVERNMENT FOR WHICH IT PROCURES GOODS OR SERVICES WITHIN 60 DAYS
AFTER THE AWARD OF A CONTRACT.
(2) QUARTERLY, EACH UNIT THAT REQUIRES GOODS OR SERVICES FOR
ITS OPERATIONS SHALL INFORM STATE USE INDUSTRIES OF ITS ANTICIPATED
ORDERS DURING THE NEXT 3-MONTH PERIOD.
(3) IF STATE USE INDUSTRIES IS UNABLE TO PROVIDE ANY OF THE
GOODS OR SERVICES UNDER THE CONTRACT, STATE USE INDUSTRIES SHALL NOTIFY
THE CONTRACTING UNIT SO THAT APPROPRIATE ALTERNATIVE ACTION MAY BE
TAKEN TO MEET THE NEEDS OF UNITS OF STATE GOVERNMENT FOR WHICH THE
CONTRACTING UNIT PROCURES GOODS OR SERVICES.
(C) SUSPENSION OF PROVISIONS.
THE BOARD OF PUBLIC WORKS;
(1) SHALL SUSPEND THE APPLICATION OF SUBSECTION (A) OF THIS
SECTION IF THE BOARD OF PUBLIC WORKS FINDS THAT THE PURPOSES OF DIVISION
II OF THE STATE FINANCE AND PROCUREMENT ARTICLE ARE BEING UNDULY
ERODED DUE TO THE VOLUME AND SCOPE OF ACTIVITIES AND SALES BY STATE USE
INDUSTRIES; AND
(2) MAY SUSPEND THE APPLICATION OF SUBSECTION (A) OF THIS
SECTION FOR DATA ENTRY SERVICES THAT INVOLVE INFORMATION THAT IS
PROTECTED FROM DISCLOSURE UNDER TITLE 10, SUBTITLE 6, PART III OF THE STATE
GOVERNMENT ARTICLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 68lC(a)(2) and (3) and (c).
In subsections (a) and (b) of this section, references to goods "or" services
are substituted for former references to goods "and" services to clarify that
a contracting unit may purchase goods, services, or both from State Use
Industries.
The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the language of subsection
(b)(1) of this section does not reflect current practice. Currently, State Use
Industries contracts with the Department of General Services to supply
certain products at particular prices. There is no "award of a contract" by
the Department of General Services in the sense that State agencies are
obligated to buy any products. The Department of General Services
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