2013 Maryland Code
EDUCATION
§ 16-314 - Sole source procurement contracts

§16-314.

(a) The board of trustees may provide for sole source procurement contracts in accordance with the provisions of this section.

(b) (1) Whenever the procurement officer determines that there is only one 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 board of trustees; and

(ii) Any other approval required by law.

§ 16-314 - 1. Noncompetitive negotiation

(a) Application. -- This section applies to contracts in amounts not exceeding $ 100,000.

(b) Awarding of procurement contract. -- The Board of Trustees of the Community College for Baltimore County may award a procurement contract on the basis of noncompetitive negotiation:

(1) For unsolicited offers that:

(i) Are in writing;

(ii) Are sufficiently detailed to allow a judgment regarding the potential utility of the offer;

(iii) Are unique or innovative;

(iv) Demonstrate the proprietary character of the offering warranting consideration of the use of competitive negotiation;

(v) May be subject to testing under terms and conditions specified by the Director of Purchasing; and

(vi) Cannot be procured through competitive methodologies;

(2) For the procurement of goods or services related to instruction or curriculum development;

(3) For the procurement of services related to private fund-raising activities; or

(4) Under other circumstances when the Director of Purchasing determines that noncompetitive negotiation is in the best interests of the College and the State.

(c) Standards and procedures. --

(1) The Board of Trustees of the Community College for Baltimore County shall establish standards and procedures for the application of subsection (b) of this section to a particular transaction.

(2) The standards and procedures shall require:

(i) The office, division, or department requesting noncompetitive negotiation to submit a written justification to the Director of Purchasing;

(ii) A written determination by the Director of Purchasing that noncompetitive negotiation is in the best interest of the College and the State; and

(iii) The written approval of the award of the contract on the basis of noncompetitive negotiation by the Board of Trustees.