ROBERT L. EHRLICH, JR., Governor                              Ch. 84

(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;

(4)     providing architectural and engineering services for

(I)      programming, master planning, or other project planning
services, INCLUDING PRELIMINARY DESIGN SERVICES THAT INVOLVE NO
CONSTRUCTION PHASE RESPONSIBILITIES; or

(II)     THE DESIGN OF A CONSTRUCTION PROJECT IF:

1. THE ANTICIPATED VALUE OF THE PROCUREMENT
CONTRACT AT THE TIME OF ADVERTISEMENT IS AT LEAST $2,500,000 AND NOT MORE
THAN $40,000,000; AND

2. THE DESIGN SERVICES DO NOT INVOLVE LEAD OR PRIME
DESIGN RESPONSIBILITIES OR CONSTRUCTION PHASE RESPONSIBILITIES ON
BEHALF OF THE STATE; OR

(5)     providing specifications for an unsolicited proposal procurement
made in accordance with § 13-107.1 of the State Finance and Procurement Article.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - State Government

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, a request for
proposals for a procurement, or the selection or award made in response to an
invitation for bids or request for proposals 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.

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