2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 13-107 - Sole source procurement

§13-107.

(a) (1) Whenever a procurement officer determines that there is only 1 available source for the subject of a procurement contract, the procurement officer may award the procurement contract without competition to that source.

(2) Before awarding a procurement contract to a sole source, the procurement officer shall obtain:

(i) the approval of the head of the unit; and

(ii) any other approval required by law.

(b) (1) Subject to paragraphs (2) and (3) of this subsection, with the prior written approval of the Attorney General, a unit may enter into a sole source contract to obtain the services of a contractor in connection with:

(i) threatened or pending litigation;

(ii) appraisal of real property for acquisition by the State; or

(iii) collective bargaining.

(2) This subsection applies only to a procurement in which:

(i) a unit obtains the services of a contractor to represent the State; and

(ii) the nature of the services to be performed requires confidentiality.

(3) This subsection does not apply if the unit reasonably can anticipate a continuing need for a contractor described in paragraph (1)(ii) or (iii) of this subsection.

(c) Not more than 30 days after the execution and approval of a procurement contract awarded under this section, a unit shall publish in eMaryland Marketplace notice of the award.

§ 13-107 - 1. Unsolicited proposals [Section subject to abrogation]

(a) Definitions. --

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

(2) "Business and economic development services" means services procured by the Department of Business and Economic Development.

(3) "Educational services" means services procured to provide or assist in providing training to third-party clients under a contract.

(4) "Health or social services" means services procured to provide or assist in providing support, care, or shelter to third-party clients under a contract.

(5) "Lottery services" means services procured by the Maryland State Lottery and Gaming Control Agency.

(b) Contract based on an unsolicited proposal. -- A procurement officer may enter into a contract based on an unsolicited proposal if the unsolicited proposal:

(1) is in writing;

(2) (i) contains a novel or innovative concept, application, approach, or method which, to the knowledge of the procurement officer, is not used by or available to another unit; or

(ii) demonstrates a novel capability of the offeror of the proposal;

(3) has not been previously submitted to the unit by another person;

(4) is for the delivery of:

(i) educational services;

(ii) health or social services;

(iii) business and economic development services; or

(iv) lottery services; and

(5) meets a need of or is otherwise advantageous to the unit.

(c) Review of unsolicited proposal. --

(1) The procurement officer shall make a determination as to whether the unsolicited proposal meets the requirements of subsection (b) of this section.

(2) If the procurement officer determines that the unsolicited proposal does not meet the requirements of subsection (b) of this section, the procurement officer may not award a procurement contract based on the unsolicited proposal.

(3) (i) The procurement officer shall make a determination under paragraph (1) of this subsection within 30 days after receiving the unsolicited proposal for review.

(ii) If the procurement officer fails to make a determination under paragraph (1) of this subsection within the 30-day period established under this subparagraph, the unsolicited proposal shall be deemed to have been disapproved.

(d) Offeror not required to be only source for contract. -- If an unsolicited proposal meets the requirements of subsection (b) of this section, the offeror of the proposal is not required to be the only available source for the contract awarded under this section.

(e) Approval prior to awarding contract. -- Before awarding a procurement contract under this section, a procurement officer shall obtain:

(1) the approval of the head of the unit;

(2) the approval of the Department of Budget and Management; and

(3) any other approval required by law.

(f) Term limit. -- The term, including extensions, of a contract awarded under this section may not exceed 3 years.

(g) State expenditures limit. -- State expenditures under a contract awarded under this section may not exceed $ 2,000,000 annually, and may not exceed $ 4,000,000 for the total contract.

(h) Confidentiality. --

(1) Except as provided under paragraph (2) of this subsection, a procurement officer shall treat the information contained in an unsolicited proposal as confidential information that is not subject to disclosure under any other State or local law.

(2) If a contract is awarded under this section, disclosure of the unsolicited proposal is governed by Title 10, Subtitle 6, Part III of the State Government Article.

(i) General notice of intent to award. --

(1) Not less than 30 days before the execution and award of a contract based on an unsolicited proposal under this section, the contracting unit shall publish a general notice of the intent to award the contract as follows:

(i) in eMaryland Marketplace; and

(ii) in at least one newspaper of general circulation in:

1. the county of the agency to be served under the contract; and

2. if applicable, the county of the client population to be served by the agency under the contract.

(2) For purposes of this subsection:

(i) the Baltimore Sun and the Washington Post shall be considered newspapers of general circulation in the counties of the State; and

(ii) in Baltimore City, Baltimore County, and Anne Arundel County, the Baltimore Afro-American shall be considered a newspaper of general circulation.

(3) If, during the 30-day period established under paragraph (1) of this subsection, a person petitions the unit of State government conducting the procurement for reconsideration of a determination of approval under subsection (b) of this section, the procurement officer shall reconsider the determination of approval and make written findings affirming or reversing the determination of approval.

(j) Notice of the award. -- In addition to publishing notice of the intent to award a contract based on an unsolicited proposal under subsection (i) of this section, not more than 30 days after the execution and approval of a procurement contract awarded under this section, a unit shall publish notice of the award in eMaryland Marketplace.

(k) Repealed.

(l) Educational outreach campaign. -- The following agencies shall implement an educational outreach campaign on the availability of the unsolicited proposal method of procurement:

(1) the Department of Health and Mental Hygiene;

(2) the Department of Human Resources;

(3) the Department of Labor, Licensing, and Regulation;

(4) the Department of Juvenile Services;

(5) the Department of Disabilities;

(6) the Department of Aging;

(7) the Department of Business and Economic Development; and

(8) the Maryland State Lottery and Gaming Control Agency.

(m) Report. -- On or before September 30 of each year, the agencies designated in subsection (l) of this section shall report to the Board of Public Works on the status of the educational outreach campaign, including activities conducted in the previous fiscal year and plans for future educational outreach activities.

(n) Regulations. -- The Board of Public Works may adopt regulations to carry out the requirements of this section.

§ 13-107 - 1. Unsolicited proposals (Abrogation of section effective September 30, 2013.)

Abrogated.