2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 14-405 - Percentage price preference for products made from recycled materials

§14-405.

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

(2) “Percentage price preference” means the percent by which a responsive bid from a responsible bidder whose product contains recycled materials may exceed the lowest responsive bid submitted by a responsible bidder whose products do not contain recycled materials.

(3) (i) “Recycled materials” means material recovered from or otherwise destined for the waste stream.

(ii) “Recycled materials” includes post-consumer material, industrial scrap material, compost, processed and pasteurized chicken litter, and obsolete inventories.

(b) No later than January 1, 1994, the Board shall adopt regulations that require the Secretary of General Services, the Secretary of Transportation, and the Chancellor of the University System of Maryland to establish a percentage price preference, not to exceed 5%, for the purchase of products made from recycled materials.

(c) A percentage price preference under this section may not be used in conjunction with any other percentage price preference established under this title.

(d) (1) To encourage the maximum purchase of commodities utilizing recycled materials, the Department of General Services, in consultation with the Department of the Environment, the University of Maryland, the Maryland Environmental Service, the Department of Transportation, the Department of Natural Resources, the Department of Health and Mental Hygiene, and as necessary with representatives of the recycling industry and environmental organizations, shall establish a list of acceptable products which contain recycled materials.

(2) The list shall be published for use by State agencies at least twice each year.

(e) Each State unit shall review annually the procurement specifications currently used by the unit and, to the extent practicable:

(1) require the use of a percentage price preference in their purchase of supplies and commodities containing recycled materials; and

(2) revise the unit’s procurement specifications in accordance with the best practices manual and strategy to increase environmentally preferable purchasing under § 14-410 of this subtitle.

(f) On or before September 1 of each year, each State unit shall report to the Department of the Environment on the unit’s procurement of recycled materials during the preceding fiscal year, including the types and quantities of materials procured and the percentage of recycled materials in the unit’s gross purchases.

(g) (1) Except as provided in paragraph (2) of this subsection, this section is broadly applicable to all procurements by the State if the quality of the product is consistent with the requirements of the bid specifications.

(2) Only to the extent necessary to prevent the denial of federal moneys or eliminate the inconsistency with federal law, this section does not apply to a procurement by the State if the procurement officer determines that compliance with this section would:

(i) cause denial of federal moneys; or

(ii) be inconsistent with the requirements of federal law.