Maryland State Government Section 15-508

Article - State Government
§ 15-508.

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

(a) An individual or a person that employs an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or request for proposals may not:

(1) submit a bid or proposal for that procurement; or

(2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.

(b) For purposes of subsection (a) of this section, assisting in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement does not include:

(1) providing descriptive literature such as catalogue sheets, brochures, technical data sheets, or standard specification "samples", whether requested by an executive agency or provided on an unsolicited basis;

(2) submitting written comments on a specification prepared by an agency or on a solicitation for a bid or proposal when comments are solicited from two or more persons as part of a request for information or a prebid or preproposal process;

(3) providing specifications for a sole source procurement made in accordance with § 13-107 of the State Finance and Procurement Article;

(4) providing architectural and engineering services for:

(i) programming, master planning, or other project planning services; or

(ii) the design of a construction project if:

1. the anticipated value of the procurement contract at the time of advertisement is at least $2,500,000 and not more than $40,000,000; and

2. the design services do not involve lead or prime design responsibilities or construction phase responsibilities on behalf of the State; or

(5) providing specifications for an unsolicited proposal procurement made in accordance with § 13-107.1 of the State Finance and Procurement Article.

** SPECIAL NOTE: EFFECTIVE - JULY 1, 2006 - CHAPTER 84 - 2004 **

(1) submit a bid or proposal for that procurement; or

(2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.

(b) For purposes of subsection (a) of this section, assisting in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement does not include:

(3) providing specifications for a sole source procurement made in accordance with § 13-107 of the State Finance and Procurement Article;

(4) providing architectural and engineering services for:

(i) programming, master planning, or other project planning services; or

(ii) the design of a construction project if:

1. the anticipated value of the procurement contract at the time of advertisement is at least $2,500,000 and not more than $100,000,000; and

2. the design services do not involve lead or prime design responsibilities on construction phase responsibilities on behalf of the State; or

(5) providing specifications for an unsolicited proposal procurement made in accordance with § 13-107.1 of the State Finance and Procurement Article.

** SPECIAL NOTE: EFFECTIVE - JUNE 30, 2008 - CHAPTER 84 - 2004 **

(1) submit a bid or proposal for that procurement; or

(2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.

(b) For purposes of subsection (a) of this section, assisting in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement does not include:

(3) providing specifications for a sole source procurement made in accordance with § 13-107 of the State Finance and Procurement Article;

(4) providing architectural and engineering services for programming, master planning, or other project planning services; or

(5) providing specifications for an unsolicited proposal procurement made in accordance with § 13-107.1 of the State Finance and Procurement Article.

// SPECIAL NOTE: THE ABOVE SECTION WAS CHANGED BY CHAPTER 482 OF 2002 AND WILL REMAIN IN EFFECT UNTIL SEPTEMBER 30, 2008 //

(1) submit a bid or proposal for that procurement; or

(2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.

(b) For purposes of subsection (a) of this section, assisting in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement does not include:

(3) providing specifications for a sole source procurement made in accordance with § 13-107 of the State Finance and Procurement Article; or

(4) providing architectural and engineering services for programming, master planning, or other project planning services.

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