Section 13-404 - Certifications by Department. - Maryland Statutes

§ 13-404. Certifications by Department.
 

(a)  In general.- The Department may certify a service contract to the Board of Public Works as provided in this section. 

(b)  Exempt contracts.- The Department may certify a service contract as being exempt from the preference stated in § 13-402 of this subtitle if: 

(1) State employees are not available to perform the services; 

(2) a conflict of interest would result if a State employee were to perform the services; 

(3) the nature of the services meets the standards set by the Department for emergency appointments; 

(4) the services are incidental to the purchase or lease of personal property or real property, such as a service agreement that is part of the purchase or rental of computers or office equipment; or 

(5) a clear need exists to obtain an unbiased finding or opinion, such as an expert witness in litigation. 

(c)  Nonexempt contracts.- The Department may certify a service contract that is not exempt under subsection (b) of this section only if: 

(1) the unit that seeks to enter into the service contract has complied with § 13-405 of this subtitle; and 

(2) the Department finds that: 

(i) the potential economic advantage of entering into the service contract is not outweighed by the preference stated in § 13-402 of this subtitle; 

(ii) the service contract does not adversely affect the affirmative action efforts of this State; 

(iii) the service contract includes adequate control mechanisms to ensure that the services will be performed in accordance with the service contract; and 

(iv) the service contract complies with all of the requirements of Division II of the State Finance and Procurement Article. 
 

[An. Code 1957, art. 64A, §§ 60, 63; 1993, ch. 10, § 2; 1996, ch. 347, § 1; ch. 349, § 13; 1997, ch. 20, § 3; 2008, ch. 503.]