Ch. 515                                    2004 LAWS OF MARYLAND

Board by regulation in accordance with Title 10, Subtitle 1 of the State Government
Article, a unit shall publish [in the Contract Weekly] notice of the award:

(1)      UNTIL JULY 1, 2007 2006, IN THE CONTRACT WEEKLY AND
EMARYLAND MARKETPLACE; AND

(2)      ON AND AFTER JULY 1, 2007 2006, IN EMARYLAND MARKETPLACE.

(G) (1) A UNIT MAY NOT CHARGE A FEE TO ACCESS THE INFORMATION THAT
IS REQUIRED TO BE PUBLISHED UNDER THIS SECTION IN EMARYLAND
MARKETPLACE.

(2)      TO PAY THE COSTS INCURRED TO PUBLISH THE INFORMATION
REQUIRED UNDER THIS SECTION IN OF OPERATING EMARYLAND MARKETPLACE,
THE UNIT SHALL DEDUCT AND RETAIN FROM THE PROCUREMENT CONTRACT PRICE
THAT WAS SUBMITTED BY THE RESPONSIBLE BIDDER TO WHOM THE PROCUREMENT
CONTRACT WAS AWARDED THE FEE SPECIFIED BY THE DEPARTMENT OF BUDGET
AND MANAGEMENT UNDER PARAGRAPH (3) OF THIS SUBSECTION.

(3)      (I) THE DEPARTMENT OF BUDGET AND MANAGEMENT SHALL
ESTABLISH BY REGULATION, AND ADJUST EACH FISCAL YEAR AS NECESSARY, THE
FEE THAT IS TO BE DEDUCTED FROM EACH PROCUREMENT CONTRACT UNDER THIS
SECTION.

(II) THE FEE SHALL BE SET AT AN AMOUNT THAT IS SUFFICIENT TO
PAY THE COSTS TO PUBLISH THE INFORMATION REQUIRED UNDER THIS SECTION IN
PAY THE COSTS OF OPERATING EMARYLAND MARKETPLACE.

13-104.

(a) Competitive sealed proposals may be used if:

(1)     the procurement is for human, social, cultural, or educational
services;

(2)     with the approval of the head of a unit, the procurement officer
determines that specifications cannot be prepared that allow an award based on the
lowest bid price, the lowest evaluated bid price or, if the procurement is subject to §
11-202(3) of this article, the bid most favorable to the State; or

(3)     the head of the unit determines that:

(i) the need to use a method other than competitive sealed bids is
sufficiently compelling to override the general public policy that favors awarding
procurement contracts on the basis of competitive sealed bids; and

(ii) the use of competitive sealed bidding for that procurement
contract is not practicable or not advantageous to the State.

(c) A unit shall publish a request for proposals in the same manner as
required for an invitation for bids.

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