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PARRIS N. GLENDENING, Governor
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Ch. 342
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(i) 1. entered into by at least one governmental entity and a
person selected in a manner that is consistent with the purposes set forth under §
11-201 of this article;
2. that is available for use by the governmental entity
entering the contract and at least one additional governmental entity which may, but
need not be, an original party to the contract; and
3. that is intended to promote efficiency and savings that can
result from intergovernmental cooperative purchasing; or
(ii) between a primary procurement unit and a person who, at the
time the intergovernmental cooperative purchasing agreement is awarded, has a
contract with the federal government or an agency or other instrumentality of the
federal government, and who agrees to provide the unit with identical prices, terms,
and conditions as stipulated in the federal contract.
(b) (1) Subject to § 12-107 of this article and paragraph (3) of this
subsection, whenever a primary procurement unit procurement officer determines
that it is in the best interest of the State to sponsor 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.
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- 2013 -
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