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distributes a catalogue to other State agencies that lists particular
products available from State Use Industries at particular prices. Again,
there is no "contract" in the sense that State agencies are obligated to buy
any products. The General Assembly may wish to amend subsection (b)(1)
of this section to reflect current practice.
In subsection (b)(3) of this section, the requirement that "State Use
Industries" notify a contracting unit is added to state expressly that which
was only implied in the former phrase "the contracting agency will be
notified".
Former Art. 27, § 68lC(a)(3)(i), which is revised in subsection (c)(1) of this
section, authorized suspension of former Art. 27, § 681C(a), which is
revised in § 3-511 of this subtitle and subsections (a) and (c) of this section.
Subsection (c)(1) is revised to clarify that, under the circumstances
specified in subsection (c)(1), the Board may suspend the requirement set
forth in subsection (a) of this section that a unit of State government
purchase goods and services from State Use Industries if those goods and
services are available from State Use Industries at a price not exceeding
the prevailing average market price. Subsection (c)(1) does not refer to §
3-511 and subsection (c)(2) of this section because these provisions are not
relevant to the Board's suspension authority under subsection (c)(1).
Former Art. 27, § 68lC(a)(3)(ii), which is revised in subsection (c)(2) of this
section, authorized suspension of former Art. 27, § 68lC(a)(2)(i), which is
revised in subsection (a) of this section along with former Art. 27, §
681C(a)(2)(ii). Subsection (c)(2) is revised to clarify that, under the
circumstances specified in subsection (c)(2), the Board may suspend the
requirement set forth in subsection (a) of this section that a unit of State
government purchase goods and services from State Use Industries if
those goods and services are available from State Use Industries at a price
not exceeding the prevailing average market price. This revision states
expressly that which was only implied in the former law, i.e., the
requirements of former Art. 27, § 681C(a)(2)(ii) regarding the prevailing
average market price cannot be separated from the requirement of former
Art. 27, § 681C(a)(2)(i) regarding the purchase of goods and services from
State Use Industries.
Defined term: "Contracting unit" § 3-501
3-516. SALES ON OPEN MARKET.
(A) IN GENERAL.
EXCEPT AS AUTHORIZED UNDER SUBSECTION (B) OF THIS SECTION, GOODS
AND SERVICES OF STATE USE INDUSTRIES MAY NOT BE SOLD ON THE OPEN MARKET.
(B) EXCEPTIONS.
GOODS AND SERVICES OF STATE USE INDUSTRIES MAY BE SOLD ON THE OPEN
MARKET:
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