2010 Maryland Code
STATE GOVERNMENT
TITLE 15 - PUBLIC ETHICS
Subtitle 5 - Conflicts of Interest
Section 15-508 - Participation in procurement.

§ 15-508. Participation in procurement [Amendment subject to abrogation].
 

(a)  In general.- 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)  Exemptions.- 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 design services do not involve lead or prime design responsibilities or construction phase responsibilities on behalf of the State; and 

2. A. 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; or 

B. regardless of the amount of the procurement contract, the payment to the individual or person for the design services does not exceed $500,000; or 

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

[An. Code 1957, art. 40A, § 3-110; 1995, ch. 533, § 2; ch. 539, § 1; 1996, ch. 449; 2000, ch. 406; 2002, ch. 482; 2004, ch. 84, §§ 1, 2; 2006, chs. 44, 549; 2008, ch. 283; 2009, ch. 60, § 5.]