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S.B. 541
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VETOES
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15-508.
(a) An individual OR A PERSON THAT EMPLOYS 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 THE SELECTION OR AWARD MADE IN
RESPONSE TO AN INVITATION FOR BIDS OR REQUEST FOR PROPOSALS [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 persons as part of a request for information or a prebid or preproposal
process;
(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.
15-509.
(A) AN INDIVIDUAL UNDER CONTRACT WITH AN EXECUTIVE UNIT OF THE
STATE WHO ASSISTS IN, INFLUENCES, OR OTHERWISE AFFECTS THE FORMATION,
AWARD, OR EXECUTION OF ANY STATE CONTRACT, PURCHASE, OR SALE SHALL FILE
A STATEMENT WITH THE ETHICS COMMISSION THAT CONTAINS THE SCHEDULES
DISCLOSING THE INFORMATION AND INTERESTS SPECIFIED IN THIS SECTION.
(B) THE STATEMENT SHALL INCLUDE A SCHEDULE LISTING:
(1) ALL CURRENT PRIVATE OR PUBLIC SECTOR CLIENTS FROM WHOM
THE CONSULTANT HAS RECEIVED A FEE FOR SERVICES IN CONNECTION WITH
CONTRACT ACTIVITIES OR OTHER AREAS REGULATED BY THE EXECUTIVE UNIT;
(2) THE GENERAL NATURE OF THE WORK PERFORMED FOR EACH OF
THE CLIENTS LISTED; AND
(3) ANY SUBCONSULTANT WHO ASSISTED IN THE PERFORMING OF THE
SERVICES, ACCOMPANIED BY A SEPARATE SCHEDULE MEETING THE REQUIREMENTS
OF ITEMS (1) AND (2) OF THIS SUBSECTION WITH RESPECT TO THAT
SUBCONSULTANT.
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- 3936 -
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