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H.B. 252
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VETOES
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the requirements established for a sole source procurement. The unsolicited proposal
must involve the delivery of business and economic development services, or
educational, health or social services and must meet other criteria, including offering
a novel or innovative concept. The bill creates an interagency panel that must review
and concur in the award of a contract on the basis of an unsolicited proposal. Annual
contract expenditures cannot exceed $1 million. The bill also requires a report each
year from the Department of Budget and Management on usage of the new
procurement method.
Senate Bill 719, which was passed by the General Assembly and signed by me,
accomplishes the same purpose. Therefore, it is not necessary for me to sign House
Bill 252.
Sincerely,
Parris N. Glendening
Governor
House Bill No. 252
AN ACT concerning
Procurement - Unsolicited Proposals
FOR the purpose of authorizing a unit of State government to award a contract for
goods or services in response to an unsolicited proposal that meets certain
requirements; exempting certain unsolicited proposals from a certain
requirement that procurement be by competitive sealed bid; establishing an
interagency panel to review unsolicited proposals and to make certain
determinations subject to certain requirements and procedures; providing for
the effect of certain action or inaction by the interagency panel; establishing
that a qualifying unsolicited proposal is not required to be a sole source contract;
requiring a procurement officer to obtain certain approval before awarding a
contract in response to an unsolicited proposal; providing for requiring a
procurement officer to protect the confidentiality of information contained in an
unsolicited proposal; limiting the term of a contract based on an unsolicited
proposal; limiting the annual State expenditures under a contract based on an
unsolicited proposal; requiring each contracting unit to publish notice of intent
to award, and notice of award of, an unsolicited proposal in certain publications;
requiring certain agencies to implement certain outreach programs; requiring
each contracting unit to publish quarterly a notice encouraging certain
unsolicited proposals in newspapers of general circulation of the State; requiring
each contracting unit to report annually on the impact of this Act to the
Department of Budget and Management providing for certain reconsideration
by the interagency panel of approval of an unsolicited proposal; providing that a
certain provision of the Maryland-Public Ethics Law does not apply to certain
persons submitting unsolicited proposals under this Act prohibition against
assisting in the drafting of specifications, an invitation for bids, or a request for
proposals for a procurement does not include providing specifications for certain
unsolicited proposal procurements; providing for the effects of certain provisions
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