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Session Laws, 2002
Volume 800, Page 3009   View pdf image
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PARRIS N. GLENDENING, Governor Ch. 378
16-314.5. (A) THIS SECTION APPLIES TO CONTRACTS IN AMOUNTS NOT EXCEEDING THE
PRODUCT OF FOUR TIMES THE MAXIMUM AMOUNT OF A SMALL PROCUREMENT AS
DEFINED IN § 13-100 OF THE STATE FINANCE AND PROCUREMENT ARTICLE $100,000. (B) THE BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE FOR BALTIMORE
COUNTY MAY AWARD A PROCUREMENT CONTRACT ON THE BASIS OF
NONCOMPETITIVE NEGOTIATION: (1) FOR UNSOLICITED OFFERS THAT: (I) ARE IN WRITING; (II) ARE SUFFICIENTLY DETAILED TO ALLOW A JUDGMENT
REGARDING THE POTENTIAL UTILITY OF THE OFFER; (III) ARE UNIQUE OR INNOVATIVE; (IV) DEMONSTRATE THE PROPRIETARY CHARACTER OF THE
OFFERING WARRANTING CONSIDERATION OF THE USE OF COMPETITIVE
NEGOTIATION; (V) MAY BE SUBJECT TO TESTING UNDER TERMS AND CONDITIONS
SPECIFIED BY THE DIRECTOR OF PURCHASING; AND (VI) CANNOT BE PROCURED THROUGH COMPETITIVE
METHODOLOGIES; (2) FOR THE PROCUREMENT OF GOODS OR SERVICES RELATED TO
INSTRUCTION OR CURRICULUM DEVELOPMENT; (3) FOR THE PROCUREMENT OF SERVICES RELATED TO PRIVATE
FUND-RAISING ACTIVITIES; OR (4) UNDER OTHER CIRCUMSTANCES WHEN THE DIRECTOR OF
PURCHASING DETERMINES THAT NONCOMPETITIVE NEGOTIATION IS IN THE BEST
INTERESTS OF THE COLLEGE AND THE STATE. (B) (C) (1) THE BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE FOR
BALTIMORE COUNTY SHALL ESTABLISH STANDARDS AND PROCEDURES FOR THE
APPLICATION OF SUBSECTION (A) OF THIS SECTION TO A PARTICULAR TRANSACTION. (2) THE STANDARDS AND PROCEDURES SHALL REQUIRE: (I) THE OFFICE, DIVISION, OR DEPARTMENT REQUESTING
NONCOMPETITIVE NEGOTIATION TO SUBMIT A WRITTEN JUSTIFICATION TO THE
DIRECTOR OF PURCHASING; (II) A WRITTEN DETERMINATION BY THE DIRECTOR OF
PURCHASING THAT NONCOMPETITIVE NEGOTIATION IS IN THE BEST INTEREST OF
THE COLLEGE AND THE STATE; AND
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Session Laws, 2002
Volume 800, Page 3009   View pdf image
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