2013 Maryland Code
LAND USE
§ 16-402 - Application of subtitle.

§16-402.

(a) This subtitle applies to a service contract that:

(1) the Commission solicits as a management plan intended to adversely affect employees of the Commission represented by a certified representative; and

(2) a procurement officer of the Commission estimates will exceed a yearly cost of $75,000 as calculated under subsection (b) of this section.

(b) The Commission shall adjust the estimate of the yearly cost described in subsection (a)(2) of this section to the nearest $100 every 2 years to reflect any aggregate increase in the Consumer Price Index for all urban consumers, for the Washington-Baltimore metropolitan area, or any successor index, for the previous 2 years.

(c) This subtitle does not apply to:

(1) solicitation of a service contract as part of a management plan or program intended to augment bargaining unit work and not for a present or eventual purpose of adversely affecting employees of the Commission represented by a certified representative;

(2) solicitation of a service contract for which the primary purpose is to obtain goods or construction services;

(3) solicitation of a service contract that the Commission’s purchasing officials reasonably believe and express in writing may negatively affect the potential for participation by a minority business enterprise according to a minority business enterprise utilization program authorized under Title 15, Subtitle 2 of this article;

(4) solicitation of a service contract for a service provided by a consultant;

(5) solicitation of a service contract for a professional service, unless the scope of service is provided by employees of a bargaining unit when the service contract is solicited;

(6) solicitation of a service contract that the Commission reasonably believes is:

(i) necessary to meet an emergent or imminent threat to public health, welfare, or safety;

(ii) required to comply with the requirements of a grant related to the funding of the service contract; or

(iii) related to the settlement of an insurance claim;

(7) solicitation of a service contract that is in the best interest of an employee based on a need for specialized safety experience or expertise;

(8) solicitation of a service contract for a service provided by a public entity or provided to the Commission in accordance with a public-private partnership with a private entity;

(9) solicitation of a service contract to be awarded on a noncompetitive basis in accordance with applicable laws regarding service contracts awarded on a noncompetitive basis;

(10) a service contract entered into before October 31, 2007;

(11) the renewal or rebidding of a service contract entered into before October 31, 2007, if the renewal or rebidding of the service contract does not result in a greater adverse effect on employees of a bargaining unit than existed before its renewal or rebidding;

(12) solicitation of a service contract for a capital improvement project or asset management project;

(13) solicitation of a class, type, category, or particular service contract that the Commission reasonably believes should be performed by an independent contractor to eliminate a conflict of interest otherwise apparent if the services are performed by an employee of a bargaining unit;

(14) solicitation of a class, type, category, or particular service contract when the need for the service or activity is such that the time necessary for the analysis required under § 16-404 of this subtitle would:

(i) result in damage to property of the Commission;

(ii) result in injury to an individual; or

(iii) substantially hinder the objective of constructing or maintaining safe and sanitary properties and facilities; or

(15) a service contract that the Montgomery County Council or the Prince George’s County Council authorizes or requires to be provided by an independent contractor.

(d) This subtitle does not apply to or limit the authority of the Commission to abolish a bargaining unit position or conduct a reduction in force.