Maryland State Finance and Procurement Section 13-314
§ 13-314.
CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE
(a) The Selection Board shall waive the requirements of §§ 13-304(b), 13-308, 13-309, 13-311, 13-312(b), and 13-313 of this subtitle if:
(1) the Selection Board determines that:
(i) the architectural services or engineering services cannot be defined so completely as to carry out those requirements; or
(ii) the specifications require architectural services or engineering services that are available only from a bona fide single source or a proprietary product or process;
(2) the Governor declares an emergency;
(3) after a natural disaster, public health and safety are endangered; or
(4) on the recommendation of the Secretary of General Services or Transportation and a finding by the Governor that extraordinary circumstances exist, the Board of Public Works determines that:
(i) for a particular project, urgent circumstances require the selection of a contractor on an expedited basis;
(ii) expedited selection best serves the public interest; and
(iii) the need for an expedited selection outweighs the benefits of carrying out those requirements.
(b) A waiver and the reasons for it shall be documented and:
(1) immediately reported to the Contract Weekly for printing in the next available issue; and
(2) reported to the Legislative Policy Committee within 30 days after the waiver occurs.
** SPECIAL NOTE: EFFECTIVE - JULY 1, 2006 - CHAPTER 515 - 2004 **
(a) The Selection Board shall waive the requirements of §§ 13-304(b), 13-308, 13-309, 13-311, 13-312(b), and 13-313 of this subtitle if:
(1) the Selection Board determines that:
(i) the architectural services or engineering services cannot be defined so completely as to carry out those requirements; or
(ii) the specifications require architectural services or engineering services that are available only from a bona fide single source or a proprietary product or process;
(2) the Governor declares an emergency;
(3) after a natural disaster, public health and safety are endangered; or
(4) on the recommendation of the Secretary of General Services or Transportation and a finding by the Governor that extraordinary circumstances exist, the Board of Public Works determines that:
(i) for a particular project, urgent circumstances require the selection of a contractor on an expedited basis;
(ii) expedited selection best serves the public interest; and
(iii) the need for an expedited selection outweighs the benefits of carrying out those requirements.
(b) A waiver and the reasons for it shall be documented and:
(1) immediately reported to eMaryland Marketplace for publication; and
(2) reported to the Legislative Policy Committee within 30 days after the waiver occurs.
