LAWRENCE J. HOGAN, JR., Governor Ch. 527
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Chapter 527
(House Bill 723)
AN ACT concerning
State Finance and Procurement – Procedures and Pricing and Selection
Committee for Preferred Providers
FOR the purpose of renaming the Pricing and Selection Committee for Blind Industries
and Services of Maryland and the Employment Works Program to be the Pricing and
Selection Committee for Preferred Providers; requiring that Maryland Correctional
Enterprises provide the proposed prevailing average market price of certain goods
and services that are available from Maryland Correctional Enterprises to the
Pricing and Selection Committee; requiring the Pricing and Selection Committee to
review and verify the prevailing average market prices of certain goods and services;
altering the duties of the Department of Information Technology relating to
procurement; altering the duties of the Department of Information Technology
relating to procurement; renaming the Purchasing Bureau in the Department of
General Services to be the Office of State Procurement, led by the Chief Procurement
Officer; establishing certain duties and authority of the Chief Procurement Officer;
altering the list of units that are defined as “designated procurement units”; altering
the list of units that are defined as “designated procurement units”; authorizing the
Chief Procurement Officer to establish certain fees under certain circumstances;
authorizing certain types of procurement to be conducted by electronic means;
renaming the Electronic Transaction Fund in the Department to be the Operations
Revenue Fund; altering the procedures used by certain units when procuring certain
goods and services; repealing a requirement that a procurement officer post the
amount of each bid at the time it is received; establishing that the Employment
Works Program and an Employment Works Program vendor are not subject to
certain cost savings requirements; altering the duties of the Pricing and Selection
Committee; providing that certain provisions relating to the use of eMaryland
Marketplace do not apply to certain emergency procurements; altering the dates of
certain reporting requirements; and generally relating to State procurement.
BY repealing and reenacting, with amendments,
Article – Correctional Services
Section 3–515
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – State Finance and Procurement
Section 3A–301(a) and 13–101(a)
Annotated Code of Maryland
(2021 Replacement Volume)
Ch. 527 2022 LAWS OF MARYLAND
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BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 3A–301(d) and (f), 3A–401 3A–301(f) 3A–301(d) and (f), 3A–401, 4–206(a),
4–301, 4–302, 4–303, 4–307, 4–310, 4–311, 4–312, 4–313, 4–315, 4–316,
13–101 13–101(c) 13–101, 13–102.1, 13–111, 13–226, 14–102, 14–106, 14–107,
14–405, 14–410(e), and 17–502
Annotated Code of Maryland
(2021 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Correctional Services
3–515.
(a) A unit of State government shall purchase from Maryland Correctional
Enterprises any goods or services that are available from Maryland Correctional
Enterprises and that Maryland Correctional Enterprises can provide at a price not
exceeding the prevailing average market price as determined by the [Department of
General Services] PRICING AND SELECTION COMMITTEE FOR PREFERRED
PROVIDERS.
(b) THE PRICING AND SELECTION COMMITTEE FOR PREFERRED
PROVIDERS SHALL REVIE W AND VERIFY THE PRE VAILING AVERAGE MARK ET
PRICES, AS PROPOSED BY MARYLAND CORRECTIONAL ENTERPRISES:
(1) WHEN CHANGES ARE MAD E TO THE PRICING OF EXISTING GOODS
AND SERVICES THAT AR E AVAILABLE FROM MARYLAND CORRECTIONAL
ENTERPRISES; AND
(2) FOR NEW GOODS OR SER VICES THAT MARYLAND CORRECTIONAL
ENTERPRISES INTENDS T O MAKE AVAILABLE .
(C) (1) The contracting unit shall inform each unit of State government for
which it procures goods or services within 60 days after the award of a contract.
(2) Quarterly, each unit that requires goods or services for its operations
shall inform Maryland Correctional Enterprises of its anticipated orders during the next
3–month period.
(3) If Maryland Correctional Enterprises is unable to provide any of the
goods or services under the contract, Maryland Correctional Enterprises shall notify the
contracting unit so that appropriate alternative action may be taken to meet the needs of
units of State government for which the contracting unit procures goods or services. LAWRENCE J. HOGAN, JR., Governor Ch. 527
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[(c)] (D) The Board of Public Works:
(1) shall suspend the application of subsection (a) of this section if the
Board of Public Works finds that the purposes of Division II of the State Finance and
Procurement Article are being unduly eroded due to the volume and scope of activities and
sales by Maryland Correctional Enterprises; and
(2) may suspend the application of subsection (a) of this section for data
entry services that involve information that is protected from disclosure under Title 4 of
the General Provisions Article.
Article – State Finance and Procurement
3A–301.
(a) In this subtitle the following words have the meanings indicated.
(d) (1) “Development” means all expenditures for a new information
technology system or an enhancement to an existing system including system:
(i) planning;
(ii) [procurement;
(iii)] creation;
[(iv)] (III) installation;
[(v)] (IV) testing; and
[(vi)] (V) initial training.
(2) “Development” does not include:
(i) ongoing operating costs, software or hardware maintenance,
routine upgrades, or modifications that merely allow for a continuation of the existing level
of functionality; or
(ii) expenditures made after a new or enhanced system has been
legally accepted by the user and is being used for the business process for which it was
intended.
(d) (1) “Development” means all expenditures for a new information technology
system or an enhancement to an existing system including system:
Ch. 527 2022 LAWS OF MARYLAND
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(i) planning;
(ii) [procurement;
(iii)] creation;
[(iv)] (III) installation;
[(v)] (IV) testing; and
[(vi)] (V) initial training.
(2) “Development” does not include:
(i) ongoing operating costs, software or hardware maintenance,
routine upgrades, or modifications that merely allow for a continuation of the existing level
of functionality; or
(ii) expenditures made after a new or enhanced system has been
legally accepted by the user and is being used for the business process for which it was
intended.
(f) “Information technology” means all electronic information processing
[hardware and software], including:
(1) maintenance;
(2) telecommunications; [and]
(3) HARDWARE ;
(4) SOFTWARE; AND
[(3)] (5) associated [consulting] services.
3A–401.
(a) The Department shall:
(1) coordinate the development, [procurement,] management, and
operation of telecommunication equipment, systems, and services by State government;
(2) acquire and manage common user telecommunication equipment,
systems, or services and charge units of State government for their proportionate share of LAWRENCE J. HOGAN, JR., Governor Ch. 527
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the costs of installations, maintenance, and operation of the common user
telecommunication equipment, systems, or services;
(3) promote compatibility of telecommunication systems by developing
policies, procedures, and standards for the acquisition and use of telecommunication
equipment, systems, and services by units of State government;
(4) coordinate State government telecommunication systems and services
by reviewing requests by units of State government for telecommunication equipment,
systems, or services;
(5) advise units of State government about planning, acquisition, and
operation of telecommunication equipment, systems, or services; and
(6) provide radio frequency coordination for State and local governments
in accordance with regulations of the Federal Communications Commission.
(b) The Department may make arrangement for a user other than a unit of State
government to have access to and use of State telecommunication equipment, systems, and
services and shall charge the user any appropriate amount to cover the cost of installation,
maintenance, and operation of the telecommunication equipment, system, or service
provided.
3A–401.
(a) The Department shall:
(1) coordinate the development, [procurement,] management, and operation
of telecommunication equipment, systems, and services by State government;
(2) acquire and manage common user telecommunication equipment,
systems, or services and charge units of State government for their proportionate share of
the costs of installations, maintenance, and operation of the common user
telecommunication equipment, systems, or services;
(3) promote compatibility of telecommunication systems by developing
policies, procedures, and standards for the acquisition and use of telecommunication
equipment, systems, and services by units of State government;
(4) coordinate State government telecommunication systems and services by
reviewing requests by units of State government for telecommunication equipment, systems,
or services;
(5) advise units of State government about planning, acquisition, and
operation of telecommunication equipment, systems, or services; and
Ch. 527 2022 LAWS OF MARYLAND
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(6) provide radio frequency coordination for State and local governments in
accordance with regulations of the Federal Communications Commission.
(b) The Department may make arrangement for a user other than a unit of State
government to have access to and use of State telecommunication equipment, systems, and
services and shall charge the user any appropriate amount to cover the cost of installation,
maintenance, and operation of the telecommunication equipment, system, or service
provided.
4–206.
(a) The following units are in the Department:
(1) the Board of Architectural Review;
(2) [the General Professional Services Selection Board;
(3) the Purchasing Bureau] THE OFFICE OF STATE PROCUREMENT ;
and
[(4)] (3) any other unit that is in the Department under any other law.
4–301.
(a) In this subtitle the following words have the meanings indicated.
(b) “Bid” means a bid, proposal, or other response to a solicitation.
(C) (1) “SERVICES” MEANS THE RENDERING OF TIME, EFFORT, OR WORK,
RATHER THAN THE FURN ISHING OF A SPECIFIC PHYSICAL PR ODUCT OTHER THAN
REPORTS INCIDENTAL T O THE REQUIRED PERFO RMANCE.
(2) “SERVICES” INCLUDES MAINTENANCE ,
CONSTRUCTION –RELATED SERVICES , ARCHITECTURAL SERVIC ES, ENGINEERING
SERVICES, AND THE PROFESSIONAL , PERSONAL, OR CONTRACTUAL SERVI CES
PROVIDED BY ATTOR NEYS, ACCOUNTANTS , PHYSICIANS, CONSULTANTS , AND OTHER
PROFESSIONALS WHO AR E INDEPENDENT CONTRA CTORS.
[(c)] (D) “Supplies” means tangible property, including equipment and
materials.
4–302.
There is [a Purchasing Bureau] AN OFFICE OF STATE PROCUREMENT in the
Department. LAWRENCE J. HOGAN, JR., Governor Ch. 527
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4–303.
The Secretary may delegate any power or duty set forth in Part I or Part II of this
subtitle to the Chief [of the Purchasing Bureau] PROCUREMENT OFFICER OF THE
OFFICE OF STATE PROCUREMENT .
4–307.
The Secretary OR THE CHIEF PROCUREMENT OFFICER shall provide a copy of
each award for supplies to the requisitioning unit.
4–310.
Except as otherwise specifically provided by law, each unit of the Executive Branch
of the State Government shall purchase all supplies AND SERVICES through or with the
approval of the Secretary OR THE CHIEF PROCUREMENT OFFICER.
4–311.
[An] EXCEPT AS OTHERWISE S PECIFICALLY PROVIDED BY LAW, AN invoice for
supplies purchased by the Secretary, BY THE CHIEF PROCUREMENT OFFICER, or by any
unit that procures supplies under Division II of this article may not be paid until the invoice
has been approved by the Secretary, THE CHIEF PROCUREMENT OFFICER, or a designee
of the Secretary OR THE CHIEF PROCUREMENT OFFICER.
4–312.
[Consistent] EXCEPT AS OTHERWISE SPECIFIC ALLY PROVIDED BY LAW AND
CONSISTENT with Division II of this article, the Secretary OR CHIEF PROCUREMENT
OFFICER shall set standards for supplies to be purchased by a unit, including standards
for electronic equipment used by State employees or the public for communications that are
consistent with the standards for nonvisual access information technology issued under §
3–410 of this article.
4–313.
Consistent with Division II of this article, the Secretary OR THE CHIEF
PROCUREMENT OFFICER shall contract for or purchase any supplies OR SERVICES for a
unit except:
(1) an item that the Secretary OR CHIEF PROCUREMENT OFFICER:
[(1)] (I) determines is strictly perishable;
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[(2)] (II) determines is impracticable for the unit to purchase through or
with the approval of the Secretary OR CHIEF PROCUREMENT OFFICER; or
[(3)] (III) permits the unit to purchase with the approval of the Secretary
OR CHIEF PROCUREMENT OFFICER; OR
(2) SUPPLIES OR SERVICES AUT HORIZED BY STATUTE T O BE
PROCURED BY ANOTHER PRIMARY PROCUREMENT UNIT OR DELEGATED TO
ANOTHER UNIT .
4–315.
(a) An employee of a unit that procures supplies under Division II of this article
whose salary and expenses are paid from the fees of the employee’s office may not pay any
contractor or seller for any article of any kind acquired for the unit unless the invoice
approved by the employee is also approved by the Secretary OR CHIEF PROCUREMENT
OFFICER or a designee of the Secretary OR CHIEF PROCUREMENT OFFICER.
(b) The Governor may remove an employee for any violation of the provisions of
this section.
4–316.
(a) Subject to the initial approval of the Secretary OR CHIEF PROCUREMENT
OFFICER, the appropriate purchasing unit for the following entities may use the services
of the Department to purchase SERVICES, materials, supplies, and equipment:
(1) a county;
(2) a municipality;
(3) a governmental unit in the State;
(4) a public or quasi–public agency that:
(i) receives State money; and
(ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue
Code;
(5) a private elementary or secondary school that:
(i) either has been issued a certificate of approval from the State
Board of Education or is accredited by the Association of Independent Schools; and
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(ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue
Code; or
(6) a nonpublic institution of higher education as provided under § 17–106
of the Education Article.
(b) Notwithstanding subsection (a)(5) and (6) of this section, the Department may
not purchase religious materials on behalf of a private elementary or secondary school or a
nonpublic institution of higher education.
(c) The purchasing authority under this section is in addition to, and not a
substitution for, the purchasing power of an entity under another law.
13–101.
(a) In this subtitle the following words have the meanings indicated.
(b) “Designated procurement unit” means:
(1) [the Department of Budget and Management;
(2)] the Department of General Services;
[(3) the Department of Information Technology; or]
[(4)] (2) the Department of Transportation; OR
(3) THE DEPARTMENT OF INFORMATION TECHNOLOGY , ONLY WITH
RESPECT TO AN INFORM ATION TECHNOLOGY MASTER CO NTRACT EXECUTED
BEFORE JULY 1, 2022, UNTIL THE EARLIER OF :
(I) THE EXPIRATION DATE OF ALL INFORMATION T ECHNOLOGY
MASTER CONTRACTS ; OR
(II) JUNE 30, 2027.
(b) “Designated procurement unit” means:
(1) [the Department of Budget and Management;
(2)] the Department of General Services;
[(3) the Department of Information Technology; or]
[(4)] (2) the Department of Transportation; OR Ch. 527 2022 LAWS OF MARYLAND
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(3) THE DEPARTMENT OF INFORMATION TECHNOLOGY , ONLY WITH
RESPECT TO AN INFORM ATION TECHNOLOGY MASTER CO NTRACT EXECUTED BEFO RE
JULY 1, 2022, UNTIL THE EARLIER OF :
(I) THE EXPIRATION DATE OF ALL INFORMATION T ECHNOLOGY
MASTER CONTRACTS ; OR
(II) JUNE 30, 2027.
(c) “eMaryland Marketplace” OR “EMARYLAND MARKETPLACE ADVANTAGE”
means the Internet–based procurement system managed by the Department of General
Services.
(d) “Evaluated bid price” means the price of a bid after adjustment in accordance
with objective measurable criteria.
(e) “Master contracting” means a streamlined procurement method that provides
for the qualification of bidders and offerors for the procurement of services, supplies, or
commodities.
(f) (1) “Objective measurable criteria” means standards that enable the State
to compare the economy, effectiveness, or value of the subject of the bids.
(2) “Objective measurable criteria” includes standards of reliability,
operational costs, maintainability, useful life, and residual value.
(g) “Person” includes, unless the context requires otherwise:
(1) the State;
(2) a county, a municipal corporation, or any other political subdivision;
(3) any unit of the State government or a political subdivision.
(h) “Task order” means a procurement process in which only those vendors with
master contracts may compete to provide the services, supplies, or commodities under the
procurement.
(d) “Evaluated bid price” means the price of a bid after adjustment in accordance
with objective measurable criteria.
(e) “Master contracting” means a streamlined procurement method that provides
for the qualification of bidders and offerors for the procurement of services, supplies, or
commodities. LAWRENCE J. HOGAN, JR., Governor Ch. 527
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(f) (1) “Objective measurable criteria” means standards that enable the State
to compare the economy, effectiveness, or value of the subject of the bids.
(2) “Objective measurable criteria” includes standards of reliability,
operational costs, maintainability, useful life, and residual value.
(g) “Person” includes, unless the context requires otherwise:
(1) the State;
(2) a county, a municipal corporation, or any other political subdivision;
and
(3) any unit of the State government or a political subdivision.
(h) “Task order” means a procurement process in which only those vendors with
master contracts may compete to provide the services, supplies, or commodities under the
procurement.
13–102.1.
(a) A unit may not charge a fee to access eMaryland Marketplace.
(b) (1) Subject to approval by the Board of Public Works, the Chief
Procurement Officer may establish fees for the use of eMaryland Marketplace by an entity
that publishes a notice of a procurement, conducts a procurement, or publishes a notice of
award.
(2) The Chief Procurement Officer may not charge a unit, as defined in §
11–101(y) of this article, a fee under this subsection.
(C) SUBJECT TO APPROVAL B Y THE BOARD OF PUBLIC WORKS, THE CHIEF
PROCUREMENT OFFICER, IN CONSULTATION WITH THE DEPARTMENT OF BUDGET
AND MANAGEMENT , MAY ESTABLISH FEES F OR:
(1) TRAINING;
(2) STRATEGIC SOURCING ; AND
(3) ADMINISTRATIVE COSTS .
[(c)] (D) (1) There is an [Electronic Transaction] OPERATIONS REVENUE
Fund in the Department of General Services.
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(2) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
this article.
(3) The State Treasurer shall hold the Fund separately, and the
Comptroller shall account for the Fund.
(4) The Fund consists of any fees imposed and collected under [paragraph]
SUBSECTION (b)(1) OR (C) of this [subsection] SECTION and § 13–226(c) of this title.
(5) The Fund shall be used by the Department of General Services to cover
the actual documented direct and indirect [costs of administering contracts through the use
of electronic transactions] OPERATING EXPENSES O F THE OFFICE OF STATE
PROCUREMENT .
13–111.
(a) This section applies to the procurement of supplies[, with an estimated
contract value of $1,000,000 or more,] AND SERVICES by a primary procurement unit.
(b) (1) Whenever the head of a primary procurement unit or designee
determines that it is in the best interest of the State for a procurement contract to be based
on auction bids, a procurement officer shall seek bids by issuing an invitation for auction
bids.
(2) Subject to subsection (c) of this section, an invitation for auction bids
shall include:
(i) the specifications of the procurement contract;
(ii) whether the procurement contract will be awarded based on the
lowest bid price or the lowest evaluated bid price;
(iii) if the procurement contract will be based on evaluated bid price,
the objective measurable criteria by which the lowest evaluated bid price will be
determined;
(iv) the small business preference, if designated under § 13–103 of
this subtitle; and
(v) the date and time when bidding will commence and the date and
time when bidding will end or the event upon which bidding will end.
(c) (1) In the discretion of the procurement officer, the invitation for auction
bids may:
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(i) include a request for unpriced technical offers or samples;
(ii) direct bidders to submit price bids after the unit evaluates the
technical offers or samples and finds they are acceptable under the criteria set forth in the
invitation for auction bids; and
(iii) inform all bidders who submitted technical offers or samples of
the identity of each bidder who submitted an acceptable technical offer or sample.
(2) Price bids may not be received until after the unit has completed
evaluation of the technical offers or samples.
(3) A price bid may not be received at any time if the bid is submitted by a
bidder whose technical offer or sample has been evaluated as unacceptable to the unit.
(d) A unit shall give public notice of an invitation for auction bids in the same
manner as required for an invitation for bids.
(e) (1) (i) Multiple price bids are permitted in response to an invitation for
auction bids.
(ii) When a bidder submits multiple bids, each bid shall be judged
independently and shall not revoke previous bids of that bidder.
(2) A procurement officer shall:
(i) receive bids in public at the time and place designated in the
invitation for auction bids; and
(ii) record [and post] the amount of each bid at the time it is received.
(3) (i) The amount of a price bid shall be available for public inspection
from the time it is received.
(ii) The identity of the bidder submitting a price bid shall not be
available for public inspection until bidding has ended.
(4) Except as provided in paragraph (5) of this subsection, a bid is
irrevocable, after receipt, for the period specified in the invitation for auction bids.
(5) A procurement officer may allow a bidder to correct or withdraw a bid
if correction or withdrawal is:
(i) allowed under regulations adopted under this Division II
applicable to an invitation for bids; and
Ch. 527 2022 LAWS OF MARYLAND
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(ii) approved in writing by the Office of the Attorney General.
(f) (1) After obtaining any approval required by law, the procurement officer
shall award the procurement contract to the responsible bidder who submits the responsive
bid that:
(i) is the lowest bid price; or
(ii) if the invitation for auction bids so provides, is the lowest
evaluated bid price.
(2) If, after bids have been received, a procurement officer determines that
only one responsible bidder has submitted a responsive bid, the unit may negotiate the
procurement contract with that one bidder un der the procedure for sole source
procurement.
(3) (i) After bids have been received, a procurement officer may award
a procurement contract on the basis of revised bids if:
1. all bids are rejected under § 13–206(b) of this title;
2. all bid prices exceed the funds available for the
procurement; or
3. with the approval of the head of a primary procurement
unit or a designee, the procurement officer determines that all bids are unreasonable as to
at least one requirement and delay that would result from issuing a new invitation for
auction bids with revised specifications or quantities would be fiscally disadvantageous or
otherwise not in the best interests of the State.
(ii) If there is more than one bidder, discussion about revised
specifications or quantities shall be conducted with all responsible bidders who submitted
responsive bids. The bidders shall be treated fairly and equally with respect to any
discussions.
(iii) If one of the conditions set forth under subparagraph (i) of this
paragraph exists, as promptly as possible, the procurement officer shall:
1. issue an invitation for revised auction bids, which shall
state whether the award will be made without competitive negotiations; and
2. requires a prompt response to that invitation.
(iv) An invitation for revised auction bids is not subject to the notice
requirements in subsection (d) of this section.
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(v) After revised bids have been submitted, negotiations with
bidders may not be conducted unless the procurement officer determines that there is a
compelling reason to negotiate.
(vi) After revised bids have been received and any approval required
by law has been obtained, the procurement officer shall award the procurement contract to
the responsible bidder who submits a responsive bid that:
1. is the lowest bid price; or
2. if the invitation for revised bids so provides, is the lowest
evaluated bid price.
(g) Not more than 30 days after the execution and approval of a procurement
contract awarded under this section, a unit shall publish notice of the award in eMaryland
Marketplace.
13–226.
(a) Unless otherwise prohibited by law, a primary procurement unit may conduct
procurement, including the solicitation[, bidding] OF BIDS OR PROPOSAL S,
EVALUATION , award, execution, and administration of a contract, by electronic means as
provided in the Uniform Electronic Transactions Act in Title 21 of the Commercial Law
Article.
(b) Bidding OR SUBMITTING A PROP OSAL on a procurement contract by
electronic means shall constitute consent by the bidder OR PROPOSER to conduct by
electronic means all elements of the procurement of that contract which the unit agrees to
conduct by electronic means.
(c) (1) (i) Except as provided in paragraph (2) of the subsection, a unit
utilizing electronic means to conduct procurement or a private contractor furnishing to the
State electronic means for conducting procurement may charge a reasonable fee, [as
determined in consultation with] ON APPROVAL BY the Chief Procurement Officer, to the
bidder, PROPOSER, OR EACH CONTRACT AWA RDEE for the use of the electronic means.
(ii) Any fees collected under subparagraph (i) of this paragraph shall
be deposited in the [Electronic Transaction] OPERATIONS REVENUE Fund established
under § 13–102.1(c) of this subtitle.
(2) Unless approved by the Board of Public Works, a fee may not be charged
under this subsection.
(d) The terms and conditions of a procurement conducted under this section shall
comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law
Article. Ch. 527 2022 LAWS OF MARYLAND
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14–102.
(a) Notwithstanding any other provision of this Division II, a State or State aided
or controlled entity shall buy supplies and services in accordance with § 14–103 of this
subtitle.
(b) The procurement of services from [a sheltered workshop] THE EMPLOYMENT
WORKS PROGRAM OR AN EMPLOYMENT WORKS PROGRAM VENDOR is not subject to
the cost savings requirements of § 13–405 of the State Personnel and Pensions Article.
14–106.
(a) In this section, “Committee” means the Pricing and Selection Committee for
[Blind Industries and Services of Maryland and the Employment Works Program ]
PREFERRED PROVIDERS.
(b) There is a Pricing and Selection Committee for [Blind Industries and Services
of Maryland and the Employment Works Program] PREFERRED PROVIDERS.
(c) The Committee consists of the following 5 members:
(1) the Secretary of Transportation or a designee;
(2) the Secretary of General Services or a designee;
(3) the Secretary of Public Safety and Correctional Services or a designee;
(4) the Assistant Secretary for Vocational Rehabilitation within the State
Department of Education or a designee; and
(5) the Secretary of Labor or a designee.
(d) A member of the Committee:
(1) may not receive compensation; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations as provided in the State budget.
(e) (1) Blind Industries and Services of Maryland shall provide staff for the
Committee.
(2) The staff provided in accordance with paragraph (1) of this subsection
shall:
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(i) be a blind or a visually impaired associate of Blind Industries
and Services of Maryland; and
(ii) complete work related to the duties of the Committee regarding
Blind Industries and Services of Maryland under the supervision and direction of the
Committee.
(f) The Committee shall:
(1) ensure that supplies and services provided by Blind Industries and
Services of Maryland or [a] AN EMPLOYMENT WORKS PROGRAM community service
provider create work opportunities for individuals who have a mental or physical disability,
including blindness, for which Blind Industries and Services of Maryland or the
EMPLOYMENT WORKS PROGRAM community service provider was established to assist;
(2) set the prices of supplies and services that Blind Industries and
Services of Maryland provides to reflect the fair market prices for the supplies and services;
(3) REVIEW AND VERIFY TH E PREVAILING AVERAGE MARKET PRICES ,
AS PROPOSED BY MARYLAND CORRECTIONAL ENTERPRISES:
(I) WHEN CHANGES ARE MAD E TO THE PRICING OF EXISTING
SUPPLIES AND SERVICE S THAT ARE AVAILABLE FROM MARYLAND CORRECTIONAL
ENTERPRISES; AND
(II) FOR NEW SUPPLIES OR SERVICES THAT MARYLAND
CORRECTIONAL ENTERPRISES INTENDS T O MAKE AVAILABLE ;
[(3)] (4) establish procedures to govern procurement of supplies [and],
services, AND OTHER SALES from EMPLOYMENT WORKS PROGRAM community service
providers and individual with disability owned businesses;
[(4)] (5) from the State procurement list, choose appropriate supplies
[and], services, AND OTHER SALES for EMPLOYMENT WORKS PROGRAM community
service providers and individual with disability owned businesses to offer for procurement;
[(5)] (6) provide that the State procure those supplies [and], services,
AND OTHER SALES from [a] AN EMPLOYMENT WORKS PROGRAM community service
provider or an individual with disability owned business;
[(6)] (7) if supplies [or], services, OR OTHER SALES are not available for
procurement from a unit of the State GOVERNMENT , determine whether supplies [or],
services, OR OTHER SALES are available from [a] AN EMPLOYMENT WORKS PROGRAM
community service provider or an individual with disability owned business;
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[(7)] (8) determine the fair market price of supplies [and], services, AND
OTHER SALES that EMPLOYMENT WORKS PROGRAM community service providers and
individual with disability owned businesses provide;
[(8)] (9) in accordance with market conditions, adjust prices for the
supplies [and], services, AND OTHER SALES that EMPLOYMENT WORKS PROGRAM
community service providers and individual with disability owned businesses provide; and
[(9)] (10) at the request of a community service provider or an individual
with disability owned business, review and, if appropriate, change the price of a supply or
service.
(g) In addition to the duties specified under subsection (f) of this section, the
committee shall:
(1) establish and periodically review eligibility policies or guidelines for
participating community service providers and individual with disability owned
businesses;
(2) maintain a current list of community service providers and individual
with disability owned businesses;
(3) periodically review and revise its list of community service providers
and individual with disability owned businesses; and
(4) send any revised list to the [Secretary of General Services] CHIEF
PROCUREMENT OFFICER who shall make the list available to each person responsible
for buying supplies or services for the State or a State aided or controlled entity.
14–107.
The Pricing and Selection Committee for [Blind Industries and Services of Maryland
and the Employment Works Program] PREFERRED PROVIDERS shall:
(1) (i) maintain a current list of supplies and services that Blind
Industries and Services of Maryland provides; [and]
(ii) maintain a current list of supplies [and], services, AND OTHER
SALES that community service providers and individual with disability owned businesses
provide; AND
(III) MAINTAIN A CURRENT L IST OF SUPPLIES AND SERVICES
THAT MARYLAND CORRECTIONAL ENTERPRISES PROVIDES ;
LAWRENCE J. HOGAN, JR., Governor Ch. 527
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(2) periodically review and revise the lists of supplies [and], services, AND
OTHER SALES maintained in accordance with item (1) of this section; and
(3) send the lists, and any revised lists, to the [Secretary of General
Services] CHIEF PROCUREMENT OFFICER who shall make the lists available to each
person responsible for buying supplies [or], services, OR OTHER SALES for the State or a
State aided or controlled entity.
14–405.
(a) (1) In this section the following words have the meanings indicated.
(2) “Environmentally preferable product or service” means a product or
service that throughout the full life cycle of the product or service:
(i) is energy efficient, water efficient, biobased, nonozone depleting,
made with recycled content, or nontoxic; or
(ii) has other attributes recognized as environmentally preferable by
the Maryland Green Purchasing Committee.
(b) (1) To encourage the maximum purchase of environmentally preferable
products and services, the Maryland Green purchasing Committee established under §
14–410 of this subtitle shall establish environmentally preferable specifications to be
adopted by State agencies.
(2) The environmentally preferable specifications shall be published and
maintained online by the Maryland Green Purchasing Committee for use by State agencies.
(c) Each State unit shall review annually the procurement specifications
currently used by the unit and, to the extent practicable:
(1) adopt the environmentally preferable specifications published by the
Maryland Green Purchasing Committee; and
(2) revise the unit’s procurement specifications in accordance with §
14–410 of this subtitle.
(d) On or before [September] OCTOBER 1 of each year, each unit shall report to
the Department of General Services on the unit’s procurement of environmentally
preferable products and services as a percentage of the unit’s gross purchases during the
preceding fiscal year, including the types and quantities of products and services procured.
(e) (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 or service
is consistent with the requirements of the bid specifications. Ch. 527 2022 LAWS OF MARYLAND
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(2) Only to the extent necessary to prevent the denial of federal money 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 money; or
(ii) be inconsistent with the requirements of federal law.
14–410.
(e) On or before [October 1] DECEMBER 31 of each year, the Committee shall
report to the General Assembly, in accordance with § 2–1257 of the State Government
Article, on the Committee’s activities and the progress made as a result of the
implementation of this section.
17–502.
(a) THIS SECTION DOES NOT APPLY TO EMERGENCY P ROCUREMENT UNDER
§ 13–108 OF THIS DIVISION II.
(B) In addition to any other provision of law, the following persons shall use
eMaryland Marketplace to publish notice of a procurement [or] AND publish a notice of
award of a procurement that is at the same amount or exceeds the amount required by the
Board for a State contract to be published in eMaryland Marketplace:
(1) a unit of State government;
(2) a county;
(3) a municipality;
(4) a bicounty or multicounty governmental agency;
(5) a special tax district, sanitary district, drainage district, soil
conservation district, and water supply district;
(6) a public institution of higher education;
(7) a public school; and
(8) except for the Maryland Health and Higher Educational Facilities
Authority, an entity exempt from the provisions of this Division II in accordance with §
11–203 of this article.
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[(b)] (C) This section may not be construed to prohibit a person listed in
subsection [(a)] (B) of this section from publishing notice of a procurement or publishing a
notice of award in accordance with any other law or policy.
[(c)] (D) An unintentional violation of this section may not constitute grounds to
challenge or appeal:
(1) the award of a procurement; or
(2) the process through which a procurement was conducted.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.