Section 16-314.1 - Noncompetitive negotiation. - Maryland Statutes

§ 16-314.1. Noncompetitive negotiation.
 

(a)  Application.- This section applies to contracts in amounts not exceeding $100,000. 

(b)  Awarding of procurement contract.- 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. 

(c)  Standards and procedures.-  

(1) The Board of Trustees of the Community College for Baltimore County shall establish standards and procedures for the application of subsection (b) 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 

(iii) The written approval of the award of the contract on the basis of noncompetitive negotiation by the Board of Trustees. 
 

[2002, ch. 378; 2003, ch. 21, § 1.]