2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 12-111 - Location of performance of services

§12-111.

(a) (1) In this section the following words have the meanings indicated.

(2) “Public employer” means:

(i) a unit;

(ii) a county;

(iii) a municipality;

(iv) a county board of education; or

(v) a special taxing district.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, “services” has the meaning stated in § 11-101(t) of this article.

(ii) “Services” includes:

1. construction-related services;

2. architectural services;

3. engineering services; or

4. energy performance contract services.

(b) This section applies to a procurement contract with an estimated value of $2,000,000 or more.

(c) In response to a solicitation for a procurement contract issued by a public employer, a bidder shall disclose to the public employer the following:

(1) whether the bidder or any contractor that the bidder will subcontract with to perform the contract has plans, at the time the bid is submitted, to perform any services required under the contract outside the United States; and

(2) if services required under the contract are anticipated to be performed outside the United States:

(i) where the services will be performed; and

(ii) the reasons why it is necessary or advantageous to perform the services outside the United States.

(d) (1) Except as provided in paragraph (2) of this subsection, a public employer may not knowingly contract for the following services unless the services are to be provided in the United States:

(i) architectural services;

(ii) construction services;

(iii) engineering services; or

(iv) energy performance contract services.

(2) A public employer may contract for services listed in paragraph (1) of this subsection that are provided outside the United States, if:

(i) the services are not available in the United States;

(ii) the price of the services in the United States exceeds by an unreasonable amount the price of services provided outside the United States; or

(iii) the quality of the services in the United States is substantially less than the quality of comparably priced services provided outside the United States.

(3) The Board shall adopt regulations defining the following terms for the purposes of this subsection:

(i) “unreasonable amount”; and

(ii) “substantially less”.