Maryland 2022 Regular Session

Maryland House Bill HB723 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 527
2	1
3		-	– 1 –
4		-	Chapter 527
5		-	(House Bill 723)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb0723
8	10
9		-	State Finance and Procurement – Procedures and Pricing and Selection
10		-	Committee for Preferred Providers
	11	+	HOUSE BILL 723
	12	+	P2 (2lr2472)
	13	+	ENROLLED BILL
	14	+	— Health and Government Operations/Budget and Taxation —
	15	+	Introduced by Delegate Charles
11	16
12		-	FOR the purpose of renaming the Pricing and Selection Committee for Blind Industries
13		-	and Services of Maryland and the Employment Works Program to be the Pricing and
14		-	Selection Committee for Preferred Providers; requiring that Maryland Correctional
15		-	Enterprises provide the proposed prevailing average market price of certain goods
16		-	and services that are available from Maryland Correctional Enterprises to the
17		-	Pricing and Selection Committee; requiring the Pricing and Selection Committee to
18		-	review and verify the prevailing average market prices of certain goods and services;
19		-	altering the duties of the Department of Information Technology relating to
20		-	procurement; altering the duties of the Department of Information Technology
21		-	relating to procurement; renaming the Purchasing Bureau in the Department of
22		-	General Services to be the Office of State Procurement, led by the Chief Procurement
23		-	Officer; establishing certain duties and authority of the Chief Procurement Officer;
24		-	altering the list of units that are defined as “designated procurement units”; altering
25		-	the list of units that are defined as “designated procurement units”; authorizing the
26		-	Chief Procurement Officer to establish certain fees under certain circumstances;
27		-	authorizing certain types of procurement to be conducted by electronic means;
28		-	renaming the Electronic Transaction Fund in the Department to be the Operations
29		-	Revenue Fund; altering the procedures used by certain units when procuring certain
30		-	goods and services; repealing a requirement that a procurement officer post the
31		-	amount of each bid at the time it is received; establishing that the Employment
32		-	Works Program and an Employment Works Program vendor are not subject to
33		-	certain cost savings requirements; altering the duties of the Pricing and Selection
34		-	Committee; providing that certain provisions relating to the use of eMaryland
35		-	Marketplace do not apply to certain emergency procurements; altering the dates of
36		-	certain reporting requirements; and generally relating to State procurement.
	17	+	Read and Examined by Proofreaders:
37	18
38		-	BY repealing and reenacting, with amendments,
39		-	Article – Correctional Services
40		-	Section 3–515
41		-	Annotated Code of Maryland
42		-	(2017 Replacement Volume and 2021 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
43	23
44		-	BY repealing and reenacting, without amendments,
45		-	Article – State Finance and Procurement
46		-	Section 3A–301(a) and 13–101(a)
47		-	Annotated Code of Maryland
48		-	(2021 Replacement Volume)
49		-	Ch. 527 2022 LAWS OF MARYLAND
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
50	25
51		-	– 2 –
52		-	BY repealing and reenacting, with amendments,
53		-	Article – State Finance and Procurement
54		-	Section 3A–301(d) and (f), 3A–401 3A–301(f) 3A–301(d) and (f), 3A–401, 4–206(a),
55		-	4–301, 4–302, 4–303, 4–307, 4–310, 4–311, 4–312, 4–313, 4–315, 4–316,
56		-	13–101 13–101(c) 13–101, 13–102.1, 13–111, 13–226, 14–102, 14–106, 14–107,
57		-	14–405, 14–410(e), and 17–502
58		-	Annotated Code of Maryland
59		-	(2021 Replacement Volume)
	26	+	_______ day of _______________ at __ ______________________ o’clock, ________M.
60	27
61		-	~~SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,~~
62		-	~~That the Laws of Maryland read as follows:~~
	28	+	______________________________________________
	29	+	Speaker.
63	30
64		-	~~Article – Correctional Services~~
	31	+	CHAPTER ______
65	32
66		-	~~3–515.~~
	33	+	AN ACT concerning 1
67	34
68		-	(a) A unit of State government shall purchase from Maryland Correctional
69		-	Enterprises any goods or services that are available from Maryland Correctional
70		-	Enterprises and that Maryland Correctional Enterprises can provide at a price not
71		-	exceeding the prevailing average market price as determined by the [Department of
72		-	General Services] PRICING AND SELECTION COMMITTEE FOR PREFERRED
73		-	PROVIDERS.
	35	+	State Finance and Procurement – Procedures and Pricing and Selection 2
	36	+	Committee for Preferred Providers 3
74	37
75		-	(b) THE PRICING AND SELECTION COMMITTEE FOR PREFERRED
76		-	PROVIDERS SHALL REVIE W AND VERIFY THE PRE VAILING AVERAGE MARK ET
77		-	PRICES, AS PROPOSED BY MARYLAND CORRECTIONAL ENTERPRISES:
	38	+	FOR the purpose of renaming the Pricing and Selection Committee for Blind Industries 4
	39	+	and Services of Maryland and the Employment Works Program to be the Pricing and 5
	40	+	Selection Committee for Preferred Providers; requiring that Maryland Correctional 6
	41	+	Enterprises provide the proposed prevailing average market price of certain goods 7
	42	+	and services that are available from Maryland Correctional Enterprises to the 8
	43	+	Pricing and Selection Committee; requiring the Pricing and Selection Committee to 9
	44	+	review and verify the prevailing average market prices of certain goods and services; 10
	45	+	altering the duties of the Department of Information Technology relating to 11
	46	+	procurement; altering the duties of the Department of Information Technology 12
	47	+	relating to procurement; renaming the Purchasing Bureau in the Department of 13
	48	+	General Services to be the Office of State Procurement, led by the Chief Procurement 14
	49	+	Officer; establishing certain duties and authority of the Chief Procurement Officer; 15 2 HOUSE BILL 723
78	50
79		-	(1) WHEN CHANGES ARE MAD E TO THE PRICING OF EXISTING GOODS
80		-	AND SERVICES THAT AR E AVAILABLE FROM MARYLAND CORRECTIONAL
81		-	ENTERPRISES; AND
82	51
83		-	(2) FOR NEW GOODS OR SER VICES THAT MARYLAND CORRECTIONAL
84		-	ENTERPRISES INTENDS T O MAKE AVAILABLE .
	52	+	altering the list of units that are defined as “designated procurement units”; altering 1
	53	+	the list of units that are defined as “designated procurement units”; authorizing the 2
	54	+	Chief Procurement Officer to establish certain fees under certain circumstances; 3
	55	+	authorizing certain types of procurement to be conducted by electronic means; 4
	56	+	renaming the Electronic Transaction Fund in the Department to be the Operations 5
	57	+	Revenue Fund; altering the procedures used by certain units when procuring certain 6
	58	+	goods and services; repealing a requirement that a procurement officer post the 7
	59	+	amount of each bid at the time it is received; establishing that the Employment 8
	60	+	Works Program and an Employment Works Program vendor are not subject to 9
	61	+	certain cost savings requirements; altering the duties of the Pricing and Selection 10
	62	+	Committee; providing that certain provisions relating to the use of eMaryland 11
	63	+	Marketplace do not apply to certain emergency procurements; altering the dates of 12
	64	+	certain reporting requirements; and generally relating to State procurement. 13
85	65
86		-	(C) (1) The contracting unit shall inform each unit of State government for
87		-	which it procures goods or services within 60 days after the award of a contract.
	66	+	BY repealing and reenacting, with amendments, 14
	67	+	Article – Correctional Services 15
	68	+	Section 3–515 16
	69	+	Annotated Code of Maryland 17
	70	+	(2017 Replacement Volume and 2021 Supplement) 18
88	71
89		-	(2) Quarterly, each unit that requires goods or services for its operations
90		-	shall inform Maryland Correctional Enterprises of its anticipated orders during the next
91		-	3–month period.
	72	+	BY repealing and reenacting, without amendments, 19
	73	+	Article – State Finance and Procurement 20
	74	+	Section 3A–301(a) and 13–101(a) 21
	75	+	Annotated Code of Maryland 22
	76	+	(2021 Replacement Volume) 23
92	77
93		-	(3) If Maryland Correctional Enterprises is unable to provide any of the
94		-	goods or services under the contract, Maryland Correctional Enterprises shall notify the
95		-	contracting unit so that appropriate alternative action may be taken to meet the needs of
96		-	units of State government for which the contracting unit procures goods or services. LAWRENCE J. HOGAN, JR., Governor Ch. 527
	78	+	BY repealing and reenacting, with amendments, 24
	79	+	Article – State Finance and Procurement 25
	80	+	Section 3A–301(d) and (f), 3A–401 3A–301(f) 3A–301(d) and (f), 3A–401, 4–206(a), 26
	81	+	4–301, 4–302, 4–303, 4–307, 4–310, 4–311, 4–312, 4–313, 4–315, 4–316, 27
	82	+	13–101 13–101(c) 13–101, 13–102.1, 13–111, 13–226, 14–102, 14–106, 14–107, 28
	83	+	14–405, 14–410(e), and 17–502 29
	84	+	Annotated Code of Maryland 30
	85	+	(2021 Replacement Volume) 31
97	86
98		-	– 3 –
	87	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32
	88	+	That the Laws of Maryland read as follows: 33
99	89
100		-	~~[(c)] (D) The Board of Public Works:~~
	90	+	Article – Correctional Services 34
101	91
102		-	(1) shall suspend the application of subsection (a) of this section if the
103		-	Board of Public Works finds that the purposes of Division II of the State Finance and
104		-	Procurement Article are being unduly eroded due to the volume and scope of activities and
105		-	sales by Maryland Correctional Enterprises; and
	92	+	3–515. 35
106	93
107		-	(2) may suspend the application of subsection (a) of this section for data
108		-	entry services that involve information that is protected from disclosure under Title 4 of
109		-	the General Provisions Article.
	94	+	(a) A unit of State government shall purchase from Maryland Correctional 36
	95	+	Enterprises any goods or services that are available from Maryland Correctional 37
	96	+	Enterprises and that Maryland Correctional Enterprises can provide at a price not 38
	97	+	exceeding the prevailing average market price as determined by the [Department of 39 HOUSE BILL 723 3
110	98
111		-	Article – State Finance and Procurement
112	99
113		-	3A–301.
	100	+	General Services] PRICING AND SELECTION COMMITTEE FOR PREFERRED 1
	101	+	PROVIDERS. 2
114	102
115		-	(a) In this subtitle the following words have the meanings indicated.
	103	+	(b) THE PRICING AND SELECTION COMMITTEE FOR PREFERRED 3
	104	+	PROVIDERS SHALL REVIE W AND VERIFY THE PRE VAILING AVERAGE MARK ET 4
	105	+	PRICES, AS PROPOSED BY MARYLAND CORRECTIONAL ENTERPRISES: 5
116	106
117		-	(d) (1) “Development” means all expenditures for a new information
118		-	technology system or an enhancement to an existing system including system:
	107	+	(1) WHEN CHANGES ARE MAD E TO THE PRICING OF EXISTING GOODS 6
	108	+	AND SERVICES THAT AR E AVAILABLE FROM MARYLAND CORRECTIONAL 7
	109	+	ENTERPRISES; AND 8
119	110
120		-	(i) planning;
	111	+	(2) FOR NEW GOODS OR SER VICES THAT MARYLAND CORRECTIONAL 9
	112	+	ENTERPRISES INTENDS TO MAKE AVAILABLE . 10
121	113
122		-	(ii) [procurement;
	114	+	(C) (1) The contracting unit shall inform each unit of State government for 11
	115	+	which it procures goods or services within 60 days after the award of a contract. 12
123	116
124		-	(iii)] creation;
	117	+	(2) Quarterly, each unit that requires goods or services for its operations 13
	118	+	shall inform Maryland Correctional Enterprises of its anticipated orders during the next 14
	119	+	3–month period. 15
125	120
126		-	[(iv)] (III) installation;
	121	+	(3) If Maryland Correctional Enterprises is unable to provide any of the 16
	122	+	goods or services under the contract, Maryland Correctional Enterprises shall notify the 17
	123	+	contracting unit so that appropriate alternative action may be taken to meet the needs of 18
	124	+	units of State government for which the contracting unit procures goods or services. 19
127	125
128		-	[(v)] (IV) ~~testing; and~~
	126	+	[(c)] (D) The Board of Public Works: 20
129	127
130		-	[(vi)] (V) initial training.
	128	+	(1) shall suspend the application of subsection (a) of this section if the 21
	129	+	Board of Public Works finds that the purposes of Division II of the State Finance and 22
	130	+	Procurement Article are being unduly eroded due to the volume and scope of activities and 23
	131	+	sales by Maryland Correctional Enterprises; and 24
131	132
132		-	(2) “Development” does not include:
	133	+	(2) may suspend the application of subsection (a) of this section for data 25
	134	+	entry services that involve information that is protected from disclosure under Title 4 of 26
	135	+	the General Provisions Article. 27
133	136
134		-	(i) ongoing operating costs, software or hardware maintenance,
135		-	routine upgrades, or modifications that merely allow for a continuation of the existing level
136		-	of functionality; or
	137	+	Article – State Finance and Procurement 28
137	138
138		-	(ii) expenditures made after a new or enhanced system has been
139		-	legally accepted by the user and is being used for the business process for which it was
140		-	intended.
	139	+	3A–301. 29
141	140
142		-	(d) (1) “Development” means all expenditures for a new information technology
143		-	system or an enhancement to an existing system including system:
144		-	Ch. 527 2022 LAWS OF MARYLAND
	141	+	(a) In this subtitle the following words have the meanings indicated. 30
145	142
146		-	– 4 –
147		-	(i) planning;
	143	+	(d) (1) “Development” means all expenditures for a new information 31
	144	+	technology system or an enhancement to an existing system including system: 32
	145	+	4 HOUSE BILL 723
148	146
149		-	(ii) [procurement;
150	147
151		-	(~~iii~~)~~] creation~~;
	148	+	(i) planning; 1
152	149
153		-	[~~(iv)] (III) installation~~;
	150	+	(ii) [procurement; 2
154	151
155		-	[(v)] ~~(IV) testing~~; ~~and~~
	152	+	(iii)] creation; 3
156	153
157		-	[(vi)] (V) ~~initial training.~~
	154	+	[(iv)] (III) installation; 4
158	155
159		-	(2) ~~“Development” does not include:~~
	156	+	[(v)] (IV) testing; and 5
160	157
161		-	(i) ongoing operating costs, software or hardware maintenance,
162		-	routine upgrades, or modifications that merely allow for a continuation of the existing level
163		-	of functionality; or
	158	+	[(vi)] (V) initial training. 6
164	159
165		-	(ii) expenditures made after a new or enhanced system has been
166		-	legally accepted by the user and is being used for the business process for which it was
167		-	intended.
	160	+	(2) “Development” does not include: 7
168	161
169		-	(f) “Information technology” means all electronic information processing
170		-	[hardware and software], including:
	162	+	(i) ongoing operating costs, software or hardware maintenance, 8
	163	+	routine upgrades, or modifications that merely allow for a continuation of the existing level 9
	164	+	of functionality; or 10
171	165
172		-	(1) maintenance;
	166	+	(ii) expenditures made after a new or enhanced system has been 11
	167	+	legally accepted by the user and is being used for the business process for which it was 12
	168	+	intended. 13
173	169
174		-	(2) telecommunications; [and]
	170	+	(d) (1) “Development” means all expenditures for a new information technology 14
	171	+	system or an enhancement to an existing system including system: 15
175	172
176		-	(3) ~~HARDWARE~~ ;
	173	+	(i) planning; 16
177	174
178		-	(4) ~~SOFTWARE~~; ~~AND~~
	175	+	(ii) [procurement; 17
179	176
180		-	[(3)] ~~(5) associated [consulting] services.~~
	177	+	(iii)] creation; 18
181	178
182		-	~~3A–401.~~
	179	+	[(iv)] (III) installation; 19
183	180
184		-	(a) ~~The Department shall:~~
	181	+	[(v)] (IV) testing; and 20
185	182
186		-	(1) coordinate the development, [procurement,] management, and
187		-	operation of telecommunication equipment, systems, and services by State government;
	183	+	[(vi)] (V) initial training. 21
188	184
189		-	(2) acquire and manage common user telecommunication equipment,
190		-	systems, or services and charge units of State government for their proportionate share of LAWRENCE J. HOGAN, JR., Governor Ch. 527
	185	+	(2) “Development” does not include: 22
191	186
192		-	~~– 5 –~~
193		-	~~the costs of installations~~, ~~maintenance, and operation~~ of the ~~common user~~
194		-	~~telecommunication equipment, systems,~~ or ~~services;~~
	187	+	(i) ongoing operating costs, software or hardware maintenance, 23
	188	+	routine upgrades, or modifications that merely allow for a continuation of the existing level 24
	189	+	of functionality; or 25
195	190
196		-	(3) ~~promote compatibility of telecommunication systems by developing~~
197		-	~~policies, procedures,~~ and ~~standards~~ for the ~~acquisition and use of telecommunication~~
198		-	~~equipment, systems, and services by units of State government;~~
	191	+	(ii) expenditures made after a new or enhanced system has been 26
	192	+	legally accepted by the user and is being used for the business process for which it was 27
	193	+	intended. 28 HOUSE BILL 723 5
199	194
200		-	(4) coordinate State government telecommunication systems and services
201		-	by reviewing requests by units of State government for telecommunication equipment,
202		-	systems, or services;
203	195
204		-	(5) advise units of State government about planning, acquisition, and
205		-	operation of telecommunication equipment, systems, or services; and
206	196
207		-	(6) ~~provide radio frequency coordination for State and local governments~~
208		-	~~in accordance with regulations of the Federal Communications Commission.~~
	197	+	(f) “Information technology” means all electronic information processing 1
	198	+	[hardware and software], including: 2
209	199
210		-	(b) The Department may make arrangement for a user other than a unit of State
211		-	government to have access to and use of State telecommunication equipment, systems, and
212		-	services and shall charge the user any appropriate amount to cover the cost of installation,
213		-	maintenance, and operation of the telecommunication equipment, system, or service
214		-	provided.
	200	+	(1) maintenance; 3
215	201
216		-	~~3A–401.~~
	202	+	(2) telecommunications; [and] 4
217	203
218		-	(a) ~~The Department shall:~~
	204	+	(3) HARDWARE ; 5
219	205
220		-	(1) coordinate the development, [procurement,] management, and operation
221		-	of telecommunication equipment, systems, and services by State government;
	206	+	(4) SOFTWARE; AND 6
222	207
223		-	(2) acquire and manage common user telecommunication equipment,
224		-	systems, or services and charge units of State government for their proportionate share of
225		-	the costs of installations, maintenance, and operation of the common user
226		-	telecommunication equipment, systems, or services;
	208	+	[(3)] (5) associated [consulting] services. 7
227	209
228		-	(3) promote compatibility of telecommunication systems by developing
229		-	policies, procedures, and standards for the acquisition and use of telecommunication
230		-	equipment, systems, and services by units of State government;
	210	+	3A–401. 8
231	211
232		-	(4) coordinate State government telecommunication systems and services by
233		-	reviewing requests by units of State government for telecommunication equipment, systems,
234		-	or services;
	212	+	(a) The Department shall: 9
235	213
236		-	(5) advise units of State government about planning, acquisition, and
237		-	operation of telecommunication equipment, systems, or services; and
238		-	Ch. 527 2022 LAWS OF MARYLAND
	214	+	(1) coordinate the development, [procurement,] management, and 10
	215	+	operation of telecommunication equipment, systems, and services by State government; 11
239	216
240		-	– 6 –
241		-	(6) provide radio frequency coordination for State and local governments in
242		-	accordance with regulations of the Federal Communications Commission.
	217	+	(2) acquire and manage common user telecommunication equipment, 12
	218	+	systems, or services and charge units of State government for their proportionate share of 13
	219	+	the costs of installations, maintenance, and operation of the common user 14
	220	+	telecommunication equipment, systems, or services; 15
243	221
244		-	(b) The Department may make arrangement for a user other than a unit of State
245		-	government to have access to and use of State telecommunication equipment, systems, and
246		-	services and shall charge the user any appropriate amount to cover the cost of installation,
247		-	maintenance, and operation of the telecommunication equipment, system, or service
248		-	provided.
	222	+	(3) promote compatibility of telecommunication systems by developing 16
	223	+	policies, procedures, and standards for the acquisition and use of telecommunication 17
	224	+	equipment, systems, and services by units of State government; 18
249	225
250		-	4–206.
	226	+	(4) coordinate State government telecommunication systems and services 19
	227	+	by reviewing requests by units of State government for telecommunication equipment, 20
	228	+	systems, or services; 21
251	229
252		-	(a) The following units are in the Department:
	230	+	(5) advise units of State government about planning, acquisition, and 22
	231	+	operation of telecommunication equipment, systems, or services; and 23
253	232
254		-	(1) the Board of Architectural Review;
	233	+	(6) provide radio frequency coordination for State and local governments 24
	234	+	in accordance with regulations of the Federal Communications Commission. 25
255	235
256		-	(2) [the General Professional Services Selection Board;
	236	+	(b) The Department may make arrangement for a user other than a unit of State 26
	237	+	government to have access to and use of State telecommunication equipment, systems, and 27
	238	+	services and shall charge the user any appropriate amount to cover the cost of installation, 28
	239	+	maintenance, and operation of the telecommunication equipment, system, or service 29
	240	+	provided. 30
	241	+	6 HOUSE BILL 723
257	242
258		-	(3) the Purchasing Bureau] THE OFFICE OF STATE PROCUREMENT ;
259		-	and
260	243
261		-	~~[(4)] (3) any other unit that is in the Department under any other law~~.
	244	+	3A–401. 1
262	245
263		-	~~4–301.~~
	246	+	(a) The Department shall: 2
264	247
265		-	(a) In this subtitle the following words have the meanings indicated.
	248	+	(1) coordinate the development, [procurement,] management, and operation 3
	249	+	of telecommunication equipment, systems, and services by State government; 4
266	250
267		-	(b) “Bid” means a bid, proposal, or other response to a solicitation.
	251	+	(2) acquire and manage common user telecommunication equipment, 5
	252	+	systems, or services and charge units of State government for their proportionate share of 6
	253	+	the costs of installations, maintenance, and operation of the common user 7
	254	+	telecommunication equipment, systems, or services; 8
268	255
269		-	(C) ~~(1) “SERVICES” MEANS THE RENDERING~~ OF ~~TIME, EFFORT,~~ ~~OR WORK,~~
270		-	~~RATHER THAN~~ THE ~~FURN ISHING~~ OF ~~A SPECIFIC PHYSICAL PR ODUCT OTHER THAN~~
271		-	~~REPORTS INCIDENTAL T O THE REQUIRED PERFO RMANCE.~~
	256	+	(3) promote compatibility of telecommunication systems by developing 9
	257	+	policies, procedures, and standards for the acquisition and use of telecommunication 10
	258	+	equipment, systems, and services by units of State government; 11
272	259
273		-	(2) “SERVICES” INCLUDES MAINTENANCE ,
274		-	CONSTRUCTION –RELATED SERVICES , ARCHITECTURAL SERVIC ES, ENGINEERING
275		-	SERVICES, AND THE PROFESSIONAL , PERSONAL, OR CONTRACTUAL SERVI CES
276		-	PROVIDED BY ATTOR NEYS, ACCOUNTANTS , PHYSICIANS, CONSULTANTS , AND OTHER
277		-	PROFESSIONALS WHO AR E INDEPENDENT CONTRA CTORS.
	260	+	(4) coordinate State government telecommunication systems and services by 12
	261	+	reviewing requests by units of State government for telecommunication equipment, systems, 13
	262	+	or services; 14
278	263
279		-	~~[(c)]~~ (D) ~~“Supplies” means tangible property~~, ~~including equipment~~ and
280		-	~~materials.~~
	264	+	(5) advise units of State government about planning, acquisition, and 15
	265	+	operation of telecommunication equipment, systems, or services; and 16
281	266
282		-	4–302.
	267	+	(6) provide radio frequency coordination for State and local governments in 17
	268	+	accordance with regulations of the Federal Communications Commission. 18
283	269
284		-	There is [a Purchasing Bureau] AN OFFICE OF STATE PROCUREMENT in the
285		-	Department. LAWRENCE J. HOGAN, JR., Governor Ch. 527
	270	+	(b) The Department may make arrangement for a user other than a unit of State 19
	271	+	government to have access to and use of State telecommunication equipment, systems, and 20
	272	+	services and shall charge the user any appropriate amount to cover the cost of installation, 21
	273	+	maintenance, and operation of the telecommunication equipment, system, or service 22
	274	+	provided. 23
286	275
287		-	– ~~7 –~~
	276	+	4–206. 24
288	277
289		-	~~4–303.~~
	278	+	(a) The following units are in the Department: 25
290	279
291		-	The Secretary may delegate any power or duty set forth in Part I or Part II of this
292		-	subtitle to the Chief [of the Purchasing Bureau] PROCUREMENT OFFICER OF THE
293		-	OFFICE OF STATE PROCUREMENT .
	280	+	(1) the Board of Architectural Review; 26
294	281
295		-	~~4–307.~~
	282	+	(2) [the General Professional Services Selection Board; 27
296	283
297		-	The ~~Secretary OR~~ THE ~~CHIEF~~ PROCUREMENT ~~OFFICER shall provide a copy of~~
298		-	~~each award for supplies to the requisitioning unit.~~
	284	+	(3) the Purchasing Bureau] THE OFFICE OF STATE PROCUREMENT ; 28
	285	+	and 29
299	286
300		-	4~~–310~~.
	287	+	[(4)] (3) any other unit that is in the Department under any other law. 30
301	288
302		-	Except as otherwise specifically provided by law, each unit of the Executive Branch
303		-	of the State Government shall purchase all supplies AND SERVICES through or with the
304		-	approval of the Secretary OR THE CHIEF PROCUREMENT OFFICER.
	289	+	4–301. 31 HOUSE BILL 723 7
305	290
306		-	4–311.
307	291
308		-	[An] EXCEPT AS OTHERWISE S PECIFICALLY PROVIDED BY LAW, AN invoice for
309		-	supplies purchased by the Secretary, BY THE CHIEF PROCUREMENT OFFICER, or by any
310		-	unit that procures supplies under Division II of this article may not be paid until the invoice
311		-	has been approved by the Secretary, THE CHIEF PROCUREMENT OFFICER, or a designee
312		-	of the Secretary OR THE CHIEF PROCUREMENT OFFICER.
313	292
314		-	~~4–312~~.
	293	+	(a) In this subtitle the following words have the meanings indicated. 1
315	294
316		-	[Consistent] EXCEPT AS OTHERWISE SPECIFIC ALLY PROVIDED BY LAW AND
317		-	CONSISTENT with Division II of this article, the Secretary OR CHIEF PROCUREMENT
318		-	OFFICER shall set standards for supplies to be purchased by a unit, including standards
319		-	for electronic equipment used by State employees or the public for communications that are
320		-	consistent with the standards for nonvisual access information technology issued under §
321		-	3–410 of this article.
	295	+	(b) “Bid” means a bid, proposal, or other response to a solicitation. 2
322	296
323		-	4–313.
	297	+	(C) (1) “SERVICES” MEANS THE RENDERING OF TIME, EFFORT, OR WORK, 3
	298	+	RATHER THAN THE FURN ISHING OF A SPECIFIC PHYSICAL PRODUCT OTH ER THAN 4
	299	+	REPORTS INCIDENTAL T O THE REQUIRED PERFO RMANCE. 5
324	300
325		-	Consistent with Division II of this article, the Secretary OR THE CHIEF
326		-	PROCUREMENT OFFICER shall contract for or purchase any supplies OR SERVICES for a
327		-	unit except:
	301	+	(2) “SERVICES” INCLUDES MAINTENANCE , 6
	302	+	CONSTRUCTION–RELATED SERVICES , ARCHITECTURAL SERVIC ES, ENGINEERING 7
	303	+	SERVICES, AND THE PROFESSIONAL , PERSONAL, OR CONTRACTUAL SERVI CES 8
	304	+	PROVIDED BY ATTORNEY S, ACCOUNTANTS , PHYSICIANS, CONSULTANTS , AND OTHER 9
	305	+	PROFESSIONALS WHO AR E INDEPENDENT CONTRA CTORS. 10
328	306
329		-	(1) an item that the Secretary OR CHIEF PROCUREMENT OFFICER:
	307	+	[(c)] (D) “Supplies” means tangible property, including equipment and 11
	308	+	materials. 12
330	309
331		-	[(1)] (I) determines is strictly perishable;
332		-	Ch. 527 2022 LAWS OF MARYLAND
	310	+	4–302. 13
333	311
334		-	– 8 –
335		-	[(2)] (II) determines is impracticable for the unit to purchase through or
336		-	with the approval of the Secretary OR CHIEF PROCUREMENT OFFICER; or
	312	+	There is [a Purchasing Bureau] AN OFFICE OF STATE PROCUREMENT in the 14
	313	+	Department. 15
337	314
338		-	[(3)] (III) permits the unit to purchase with the approval of the Secretary
339		-	OR CHIEF PROCUREMENT OFFICER; OR
	315	+	4–303. 16
340	316
341		-	~~(2) SUPPLIES~~ OR ~~SERVICES AUT HORIZED BY STATUTE T O BE~~
342		-	~~PROCURED BY ANOTHER PRIMARY~~ PROCUREMENT ~~UNIT OR DELEGATED TO~~
343		-	~~ANOTHER UNIT~~ .
	317	+	The Secretary may delegate any power or duty set forth in Part I or Part II of this 17
	318	+	subtitle to the Chief [of the Purchasing Bureau] PROCUREMENT OFFICER OF THE 18
	319	+	OFFICE OF STATE PROCUREMENT . 19
344	320
345		-	4–~~315~~.
	321	+	4–307. 20
346	322
347		-	(a) An employee of a unit that procures supplies under Division II of this article
348		-	whose salary and expenses are paid from the fees of the employee’s office may not pay any
349		-	contractor or seller for any article of any kind acquired for the unit unless the invoice
350		-	approved by the employee is also approved by the Secretary OR CHIEF PROCUREMENT
351		-	OFFICER or a designee of the Secretary OR CHIEF PROCUREMENT OFFICER.
	323	+	The Secretary OR THE CHIEF PROCUREMENT OFFICER shall provide a copy of 21
	324	+	each award for supplies to the requisitioning unit. 22
352	325
353		-	(b) The Governor may remove an employee for any violation of the provisions of
354		-	this section.
	326	+	4–310. 23
355	327
356		-	4–316.
	328	+	Except as otherwise specifically provided by law, each unit of the Executive Branch 24
	329	+	of the State Government shall purchase all supplies AND SERVICES through or with the 25
	330	+	approval of the Secretary OR THE CHIEF PROCUREMENT OFFICER. 26
357	331
358		-	(a) Subject to the initial approval of the Secretary OR CHIEF PROCUREMENT
359		-	OFFICER, the appropriate purchasing unit for the following entities may use the services
360		-	of the Department to purchase SERVICES, materials, supplies, and equipment:
	332	+	4–311. 27
361	333
362		-	(1) a county;
	334	+	[An] EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY LAW , AN invoice for 28
	335	+	supplies purchased by the Secretary, BY THE CHIEF PROCUREMENT OFFICER, or by any 29
	336	+	unit that procures supplies under Division II of this article may not be paid until the invoice 30 8 HOUSE BILL 723
363	337
364		-	(2) a municipality;
365	338
366		-	(3) a governmental unit in the State;
	339	+	has been approved by the Secretary, THE CHIEF PROCUREMENT OFFICER, or a designee 1
	340	+	of the Secretary OR THE CHIEF PROCUREMENT OFFICER. 2
367	341
368		-	~~(4) a public or quasi–public agency that:~~
	342	+	4–312. 3
369	343
370		-	(i) receives State money; and
	344	+	[Consistent] EXCEPT AS OTHERWISE S PECIFICALLY PROVIDED BY LAW AND 4
	345	+	CONSISTENT with Division II of this article, the Secretary OR CHIEF PROCUREMENT 5
	346	+	OFFICER shall set standards for supplies to be purchased by a unit, including standards 6
	347	+	for electronic equipment used by State employees or the public for communications that are 7
	348	+	consistent with the standards for nonvisual access information technology issued under § 8
	349	+	3–410 of this article. 9
371	350
372		-	(ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue
373		-	Code;
	351	+	4–313. 10
374	352
375		-	(5) a private elementary or secondary school that:
	353	+	Consistent with Division II of this article, the Secretary OR THE CHIEF 11
	354	+	PROCUREMENT OFFICER shall contract for or purchase any supplies OR SERVICES for a 12
	355	+	unit except: 13
376	356
377		-	(i) either has been issued a certificate of approval from the State
378		-	Board of Education or is accredited by the Association of Independent Schools; and
379		-	LAWRENCE J. HOGAN, JR., Governor Ch. 527
	357	+	(1) an item that the Secretary OR CHIEF PROCUREMENT OFFICER: 14
380	358
381		-	– 9 –
382		-	(ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue
383		-	Code; or
	359	+	[(1)] (I) determines is strictly perishable; 15
384	360
385		-	(6) ~~a nonpublic institution of higher education as provided under § 17–106~~
386		-	of the ~~Education Article.~~
	361	+	[(2)] (II) determines is impracticable for the unit to purchase through or 16
	362	+	with the approval of the Secretary OR CHIEF PROCUREMENT OFFICER; or 17
387	363
388		-	(b) Notwithstanding subsection (a)(5) and (6) of this section, the Department may
389		-	not purchase religious materials on behalf of a private elementary or secondary school or a
390		-	nonpublic institution of higher education.
	364	+	[(3)] (III) permits the unit to purchase with the approval of the Secretary 18
	365	+	OR CHIEF PROCUREMENT OFFICER; OR 19
391	366
392		-	(c) The purchasing authority under this section is in addition to, and not a
393		-	substitution for, the purchasing power of an entity under another law.
	367	+	(2) SUPPLIES OR SERVICES AUTHORIZED BY STATUT E TO BE 20
	368	+	PROCURED BY ANOTHER PRIMARY PROCUREMENT UNIT OR DELEGATED TO 21
	369	+	ANOTHER UNIT . 22
394	370
395		-	13–~~101~~.
	371	+	4–315. 23
396	372
397		-	(a) In this subtitle the following words have the meanings indicated.
	373	+	(a) An employee of a unit that procures supplies under Division II of this article 24
	374	+	whose salary and expenses are paid from the fees of the employee’s office may not pay any 25
	375	+	contractor or seller for any article of any kind acquired for the unit unless the invoice 26
	376	+	approved by the employee is also approved by the Secretary OR CHIEF PROCUREMENT 27
	377	+	OFFICER or a designee of the Secretary OR CHIEF PROCUREMENT OFFICER. 28
398	378
399		-	(b) “Designated procurement unit” means:
	379	+	(b) The Governor may remove an employee for any violation of the provisions of 29
	380	+	this section. 30
400	381
401		-	(1) [the Department of Budget and Management;
	382	+	4–316. 31
	383	+	HOUSE BILL 723 9
402	384
403		-	(2)] the Department of General Services;
404	385
405		-	[(3) the Department of Information Technology; or]
	386	+	(a) Subject to the initial approval of the Secretary OR CHIEF PROCUREMENT 1
	387	+	OFFICER, the appropriate purchasing unit for the following entities may use the services 2
	388	+	of the Department to purchase SERVICES, materials, supplies, and equipment: 3
406	389
407		-	~~[(4)]~~ (2) ~~the Department of Transportation~~; OR
	390	+	(1) a county; 4
408	391
409		-	(3) THE DEPARTMENT OF INFORMATION TECHNOLOGY , ONLY WITH
410		-	RESPECT TO AN INFORM ATION TECHNOLOGY MASTER CO NTRACT EXECUTED
411		-	BEFORE JULY 1, 2022, UNTIL THE EARLIER OF :
	392	+	(2) a municipality; 5
412	393
413		-	(I) THE EXPIRATION DATE OF ALL INFORMATION T ECHNOLOGY
414		-	MASTER CONTRACTS ; OR
	394	+	(3) a governmental unit in the State; 6
415	395
416		-	(II) ~~JUNE 30,~~ ~~2027.~~
	396	+	(4) a public or quasi–public agency that: 7
417	397
418		-	(b) ~~“Designated procurement unit”~~ ~~means:~~
	398	+	(i) receives State money; and 8
419	399
420		-	(1) [the Department of Budget and Management;
	400	+	(ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue 9
	401	+	Code; 10
421	402
422		-	(2)~~] the Department of General Services;~~
	403	+	(5) a private elementary or secondary school that: 11
423	404
424		-	[(3) the Department of Information Technology; or]
	405	+	(i) either has been issued a certificate of approval from the State 12
	406	+	Board of Education or is accredited by the Association of Independent Schools; and 13
425	407
426		-	[(4)] (2) the Department of Transportation; OR Ch. 527 2022 LAWS OF MARYLAND
	408	+	(ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue 14
	409	+	Code; or 15
427	410
428		-	– 10 –
	411	+	(6) a nonpublic institution of higher education as provided under § 17–106 16
	412	+	of the Education Article. 17
429	413
430		-	(3) THE DEPARTMENT ~~OF INFORMATION TECHNOLOGY , ONLY WITH~~
431		-	~~RESPECT TO AN INFORM ATION TECHNOLOGY MASTER CO NTRACT EXECUTED BEFO RE~~
432		-	~~JULY 1, 2022, UNTIL THE EARLIER~~ OF :
	414	+	(b) Notwithstanding subsection (a)(5) and (6) of this section, the Department may 18
	415	+	not purchase religious materials on behalf of a private elementary or secondary school or a 19
	416	+	nonpublic institution of higher education. 20
433	417
434		-	(I) THE ~~EXPIRATION DATE OF ALL INFORMATION T ECHNOLOGY~~
435		-	~~MASTER CONTRACTS ; OR~~
	418	+	(c) The purchasing authority under this section is in addition to, and not a 21
	419	+	substitution for, the purchasing power of an entity under another law. 22
436	420
437		-	~~(II) JUNE 30, 2027~~.
	421	+	13–101. 23
438	422
439		-	(c) “eMaryland Marketplace” OR “EMARYLAND MARKETPLACE ADVANTAGE”
440		-	means the Internet–based procurement system managed by the Department of General
441		-	Services.
	423	+	(a) In this subtitle the following words have the meanings indicated. 24
442	424
443		-	(d) “Evaluated bid price” means the price of a bid after adjustment in accordance
444		-	with objective measurable criteria.
	425	+	(b) “Designated procurement unit” means: 25
445	426
446		-	(e) “Master contracting” means a streamlined procurement method that provides
447		-	for the qualification of bidders and offerors for the procurement of services, supplies, or
448		-	commodities.
	427	+	(1) [the Department of Budget and Management; 26
449	428
450		-	(f) (1) “Objective measurable criteria” means standards that enable the State
451		-	to compare the economy, effectiveness, or value of the subject of the bids.
	429	+	(2)] the Department of General Services; 27
452	430
453		-	(2) “Objective measurable criteria” includes standards of reliability,
454		-	operational costs, maintainability, useful life, and residual value.
	431	+	[(3) the Department of Information Technology; or] 28 10 HOUSE BILL 723
455	432
456		-	(g) “Person” includes, unless the context requires otherwise:
457	433
458		-	(1) the State;
459	434
460		-	(2) ~~a county,~~ ~~a municipal corporation,~~ or ~~any other political subdivision;~~
	435	+	[(4)] (2) the Department of Transportation; OR 1
461	436
462		-	(3) any unit of the State government or a political subdivision.
	437	+	(3) THE DEPARTMENT OF INFORMATION TECHNOLOGY , ONLY WITH 2
	438	+	RESPECT TO AN INFORM ATION TECHNOLOGY MAS TER CONTRACT EXECUTE D 3
	439	+	BEFORE JULY 1, 2022, UNTIL THE EARLIER OF : 4
463	440
464		-	(h) “Task order” means a procurement process in which only those vendors with
465		-	master contracts may compete to provide the services, supplies, or commodities under the
466		-	procurement.
	441	+	(I) THE EXPIRATION DATE OF ALL INFORMATION T ECHNOLOGY 5
	442	+	MASTER CONTRACTS ; OR 6
467	443
468		-	(d) “Evaluated bid price” means the price of a bid after adjustment in accordance
469		-	with objective measurable criteria.
	444	+	(II) JUNE 30, 2027. 7
470	445
471		-	(e) “Master contracting” means a streamlined procurement method that provides
472		-	for the qualification of bidders and offerors for the procurement of services, supplies, or
473		-	commodities. LAWRENCE J. HOGAN, JR., Governor Ch. 527
	446	+	(b) “Designated procurement unit” means: 8
474	447
475		-	~~– 11 –~~
	448	+	(1) [the Department of Budget and Management; 9
476	449
477		-	(f) (1) “Objective measurable criteria” means standards that enable the State
478		-	to compare the economy, effectiveness, or value of the subject of the bids.
	450	+	(2)] the Department of General Services; 10
479	451
480		-	(2) “Objective measurable criteria” includes standards of reliability,
481		-	operational costs, maintainability, useful life, and residual value.
	452	+	[(3) the Department of Information Technology; or] 11
482	453
483		-	(g) ~~“Person” includes, unless~~ the ~~context requires otherwise:~~
	454	+	[(4)] (2) the Department of Transportation; OR 12
484	455
485		-	(1) the State;
	456	+	(3) THE DEPARTMENT OF INFORMATION TECHNOLOGY , ONLY WITH 13
	457	+	RESPECT TO AN INFORM ATION TECHNOLOGY MAS TER CONTRACT EXECUTE D BEFORE 14
	458	+	JULY 1, 2022, UNTIL THE EARLIER OF : 15
486	459
487		-	(2) ~~a county,~~ ~~a municipal corporation,~~ ~~or any other political subdivision;~~
488		-	~~and~~
	460	+	(I) THE EXPIRATION DATE OF ALL INFORMATION T ECHNOLOGY 16
	461	+	MASTER CONTRACTS ; OR 17
489	462
490		-	(3) ~~any unit of the State government or a political subdivision~~.
	463	+	(II) JUNE 30, 2027. 18
491	464
492		-	(h) “~~Task order~~” ~~means a procurement process in which only those vendors with~~
493		-	~~master contracts may compete to provide~~ the ~~services, supplies,~~ ~~or commodities under~~ the
494		-	~~procurement~~.
	465	+	(c) “eMaryland Marketplace” OR “EMARYLAND MARKETPLACE ADVANTAGE” 19
	466	+	means the Internet–based procurement system managed by the Department of General 20
	467	+	Services. 21
495	468
496		-	13–102.1.
	469	+	(d) “Evaluated bid price” means the price of a bid after adjustment in accordance 22
	470	+	with objective measurable criteria. 23
497	471
498		-	(a) A unit may not charge a fee to access eMaryland Marketplace.
	472	+	(e) “Master contracting” means a streamlined procurement method that provides 24
	473	+	for the qualification of bidders and offerors for the procurement of services, supplies, or 25
	474	+	commodities. 26
499	475
500		-	(b) (1) Subject to approval by the Board of Public Works, the Chief
501		-	Procurement Officer may establish fees for the use of eMaryland Marketplace by an entity
502		-	that publishes a notice of a procurement, conducts a procurement, or publishes a notice of
503		-	award.
	476	+	(f) (1) “Objective measurable criteria” means standards that enable the State 27
	477	+	to compare the economy, effectiveness, or value of the subject of the bids. 28
	478	+	HOUSE BILL 723 11
504	479
505		-	(2) The Chief Procurement Officer may not charge a unit, as defined in §
506		-	11–101(y) of this article, a fee under this subsection.
507	480
508		-	(C) SUBJECT TO APPROVAL B Y THE BOARD OF PUBLIC WORKS, THE CHIEF
509		-	PROCUREMENT OFFICER, IN CONSULTATION WITH THE DEPARTMENT OF BUDGET
510		-	AND MANAGEMENT , MAY ESTABLISH FEES F OR:
	481	+	(2) “Objective measurable criteria” includes standards of reliability, 1
	482	+	operational costs, maintainability, useful life, and residual value. 2
511	483
512		-	(1) ~~TRAINING;~~
	484	+	(g) “Person” includes, unless the context requires otherwise: 3
513	485
514		-	(2) ~~STRATEGIC SOURCING~~ ; ~~AND~~
	486	+	(1) the State; 4
515	487
516		-	(3) ~~ADMINISTRATIVE COSTS .~~
	488	+	(2) a county, a municipal corporation, or any other political subdivision; 5
517	489
518		-	[(c)] (D) (1) There is an [Electronic Transaction] OPERATIONS REVENUE
519		-	Fund in the Department of General Services.
520		-	Ch. 527 2022 LAWS OF MARYLAND
	490	+	(3) any unit of the State government or a political subdivision. 6
521	491
522		-	~~– 12 –~~
523		-	~~(2)~~ The ~~Fund is a special~~, ~~nonlapsing fund that is not subject to § 7–302 of~~
524		-	~~this article~~.
	492	+	(h) “Task order” means a procurement process in which only those vendors with 7
	493	+	master contracts may compete to provide the services, supplies, or commodities under the 8
	494	+	procurement. 9
525	495
526		-	(3) The ~~State Treasurer shall hold the Fund separately,~~ ~~and the~~
527		-	~~Comptroller shall account for the Fund~~.
	496	+	(d) “Evaluated bid price” means the price of a bid after adjustment in accordance 10
	497	+	with objective measurable criteria. 11
528	498
529		-	(4) The Fund consists of any fees imposed and collected under [paragraph]
530		-	SUBSECTION (b)(1) OR (C) of this [subsection] SECTION and § 13–226(c) of this title.
	499	+	(e) “Master contracting” means a streamlined procurement method that provides 12
	500	+	for the qualification of bidders and offerors for the procurement of services, supplies, or 13
	501	+	commodities. 14
531	502
532		-	(5) The Fund shall be used by the Department of General Services to cover
533		-	the actual documented direct and indirect [costs of administering contracts through the use
534		-	of electronic transactions] OPERATING EXPENSES O F THE OFFICE OF STATE
535		-	PROCUREMENT .
	503	+	(f) (1) “Objective measurable criteria” means standards that enable the State 15
	504	+	to compare the economy, effectiveness, or value of the subject of the bids. 16
536	505
537		-	13–111.
	506	+	(2) “Objective measurable criteria” includes standards of reliability, 17
	507	+	operational costs, maintainability, useful life, and residual value. 18
538	508
539		-	(a) This section applies to the procurement of supplies[, with an estimated
540		-	contract value of $1,000,000 or more,] AND SERVICES by a primary procurement unit.
	509	+	(g) “Person” includes, unless the context requires otherwise: 19
541	510
542		-	(b) (1) Whenever the head of a primary procurement unit or designee
543		-	determines that it is in the best interest of the State for a procurement contract to be based
544		-	on auction bids, a procurement officer shall seek bids by issuing an invitation for auction
545		-	bids.
	511	+	(1) the State; 20
546	512
547		-	(2) ~~Subject to subsection (c) of this section~~, ~~an invitation for auction bids~~
548		-	~~shall include:~~
	513	+	(2) a county, a municipal corporation, or any other political subdivision; 21
	514	+	and 22
549	515
550		-	(i) ~~the specifications~~ of the ~~procurement contract;~~
	516	+	(3) any unit of the State government or a political subdivision. 23
551	517
552		-	(ii) whether the procurement contract will be awarded based on the
553		-	lowest bid price or the lowest evaluated bid price;
	518	+	(h) “Task order” means a procurement process in which only those vendors with 24
	519	+	master contracts may compete to provide the services, supplies, or commodities under the 25
	520	+	procurement. 26
554	521
555		-	(iii) if the procurement contract will be based on evaluated bid price,
556		-	the objective measurable criteria by which the lowest evaluated bid price will be
557		-	determined;
	522	+	13–102.1. 27
558	523
559		-	(iv) the small business preference, if designated under § 13–103 of
560		-	this subtitle; and
	524	+	(a) A unit may not charge a fee to access eMaryland Marketplace. 28
561	525
562		-	(v) the ~~date and time when bidding will commence and~~ the ~~date and~~
563		-	~~time when bidding will end or~~ the ~~event upon which bidding will end.~~
	526	+	(b) (1) Subject to approval by the Board of Public Works, the Chief 29
	527	+	Procurement Officer may establish fees for the use of eMaryland Marketplace by an entity 30 12 HOUSE BILL 723
564	528
565		-	(c) (1) In the discretion of the procurement officer, the invitation for auction
566		-	bids may:
567		-	LAWRENCE J. HOGAN, JR., Governor Ch. 527
568	529
569		-	~~– 13 –~~
570		-	~~(i) include a request for unpriced technical offers or samples;~~
	530	+	that publishes a notice of a procurement, conducts a procurement, or publishes a notice of 1
	531	+	award. 2
571	532
572		-	(ii) direct bidders to submit price bids after the unit evaluates the
573		-	technical offers or samples and finds they are acceptable under the criteria set forth in the
574		-	invitation for auction bids; and
	533	+	(2) The Chief Procurement Officer may not charge a unit, as defined in § 3
	534	+	11–101(y) of this article, a fee under this subsection. 4
575	535
576		-	(iii) inform all bidders who submitted technical offers or samples of
577		-	the identity of each bidder who submitted an acceptable technical offer or sample.
	536	+	(C) SUBJECT TO APPROVAL B Y THE BOARD OF PUBLIC WORKS, THE CHIEF 5
	537	+	PROCUREMENT OFFICER, IN CONSULTATION WITH THE DEPARTMENT OF BUDGET 6
	538	+	AND MANAGEMENT , MAY ESTABLISH FEES F OR: 7
578	539
579		-	(2) Price bids may not be received until after the unit has completed
580		-	evaluation of the technical offers or samples.
	540	+	(1) TRAINING; 8
581	541
582		-	(3) A price bid may not be received at any time if the bid is submitted by a
583		-	bidder whose technical offer or sample has been evaluated as unacceptable to the unit.
	542	+	(2) STRATEGIC SOURCING ; AND 9
584	543
585		-	(d) A unit shall give public notice of an invitation for auction bids in the same
586		-	manner as required for an invitation for bids.
	544	+	(3) ADMINISTRATIVE COSTS . 10
587	545
588		-	(e) (1) ~~(i) Multiple price bids are permitted in response to~~ an ~~invitation for~~
589		-	~~auction bids~~.
	546	+	[(c)] (D) (1) There is an [Electronic Transaction] OPERATIONS REVENUE 11
	547	+	Fund in the Department of General Services. 12
590	548
591		-	(ii) ~~When~~ a ~~bidder submits multiple bids~~, ~~each bid shall be judged~~
592		-	~~independently and shall not revoke previous bids of that bidder~~.
	549	+	(2) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 13
	550	+	this article. 14
593	551
594		-	(2) A procurement officer shall:
	552	+	(3) The State Treasurer shall hold the Fund separately, and the 15
	553	+	Comptroller shall account for the Fund. 16
595	554
596		-	(i) ~~receive bids in public at~~ the ~~time~~ and ~~place designated in the~~
597		-	~~invitation for auction bids;~~ and
	555	+	(4) The Fund consists of any fees imposed and collected under [paragraph] 17
	556	+	SUBSECTION (b)(1) OR (C) of this [subsection] SECTION and § 13–226(c) of this title. 18
598	557
599		-	(ii) record [and post] the amount of each bid at the time it is received.
	558	+	(5) The Fund shall be used by the Department of General Services to cover 19
	559	+	the actual documented direct and indirect [costs of administering contracts through the use 20
	560	+	of electronic transactions] OPERATING EXPENSES O F THE OFFICE OF STATE 21
	561	+	PROCUREMENT . 22
600	562
601		-	(3) (i) The amount of a price bid shall be available for public inspection
602		-	from the time it is received.
	563	+	13–111. 23
603	564
604		-	(ii) The ~~identity~~ of ~~the bidder submitting a price bid shall not be~~
605		-	~~available for public inspection until bidding has ended~~.
	565	+	(a) This section applies to the procurement of supplies[, with an estimated 24
	566	+	contract value of $1,000,000 or more,] AND SERVICES by a primary procurement unit. 25
606	567
607		-	(4) Except as provided in paragraph (5) of this subsection, a bid is
608		-	irrevocable, after receipt, for the period specified in the invitation for auction bids.
	568	+	(b) (1) Whenever the head of a primary procurement unit or designee 26
	569	+	determines that it is in the best interest of the State for a procurement contract to be based 27
	570	+	on auction bids, a procurement officer shall seek bids by issuing an invitation for auction 28
	571	+	bids. 29
609	572
610		-	(5) A procurement officer may allow a bidder to correct or withdraw a bid
611		-	if correction or withdrawal is:
	573	+	(2) Subject to subsection (c) of this section, an invitation for auction bids 30
	574	+	shall include: 31
	575	+	HOUSE BILL 723 13
612	576
613		-	(i) allowed under regulations adopted under this Division II
614		-	applicable to an invitation for bids; and
615		-	Ch. 527 2022 LAWS OF MARYLAND
616	577
617		-	– 14 –
618		-	(ii) approved in writing by the Office of the Attorney General.
	578	+	(i) the specifications of the procurement contract; 1
619	579
620		-	(f) (1) After obtaining any approval required by law, the procurement officer
621		-	shall award the procurement contract to the responsible bidder who submits the responsive
622		-	bid that:
	580	+	(ii) whether the procurement contract will be awarded based on the 2
	581	+	lowest bid price or the lowest evaluated bid price; 3
623	582
624		-	(i) is the lowest bid price; or
	583	+	(iii) if the procurement contract will be based on evaluated bid price, 4
	584	+	the objective measurable criteria by which the lowest evaluated bid price will be 5
	585	+	determined; 6
625	586
626		-	(ii) if ~~the invitation for auction bids so provides, is the lowest~~
627		-	~~evaluated bid price.~~
	587	+	(iv) the small business preference, if designated under § 13–103 of 7
	588	+	this subtitle; and 8
628	589
629		-	(2) If, after bids have been received, a procurement officer determines that
630		-	only one responsible bidder has submitted a responsive bid, the unit may negotiate the
631		-	procurement contract with that one bidder un der the procedure for sole source
632		-	procurement.
	590	+	(v) the date and time when bidding will commence and the date and 9
	591	+	time when bidding will end or the event upon which bidding will end. 10
633	592
634		-	(3) (i) ~~After bids have been received, a~~ procurement officer ~~may award~~
635		-	~~a procurement contract on the basis of revised~~ bids if:
	593	+	(c) (1) In the discretion of the procurement officer, the invitation for auction 11
	594	+	bids may: 12
636	595
637		-	~~1. all bids are rejected under §~~ 13~~–206(b) of this title;~~
	596	+	(i) include a request for unpriced technical offers or samples; 13
638	597
639		-	2. all bid prices exceed the funds available for the
640		-	procurement; or
	598	+	(ii) direct bidders to submit price bids after the unit evaluates the 14
	599	+	technical offers or samples and finds they are acceptable under the criteria set forth in the 15
	600	+	invitation for auction bids; and 16
641	601
642		-	3. with the approval of the head of a primary procurement
643		-	unit or a designee, the procurement officer determines that all bids are unreasonable as to
644		-	at least one requirement and delay that would result from issuing a new invitation for
645		-	auction bids with revised specifications or quantities would be fiscally disadvantageous or
646		-	otherwise not in the best interests of the State.
	602	+	(iii) inform all bidders who submitted technical offers or samples of 17
	603	+	the identity of each bidder who submitted an acceptable technical offer or sample. 18
647	604
648		-	(ii) If there is more than one bidder, discussion about revised
649		-	specifications or quantities shall be conducted with all responsible bidders who submitted
650		-	responsive bids. The bidders shall be treated fairly and equally with respect to any
651		-	discussions.
	605	+	(2) Price bids may not be received until after the unit has completed 19
	606	+	evaluation of the technical offers or samples. 20
652	607
653		-	(~~iii~~) If ~~one of~~ the ~~conditions set forth under subparagraph (i) of this~~
654		-	~~paragraph exists,~~ as ~~promptly as possible,~~ the ~~procurement officer shall:~~
	608	+	(3) A price bid may not be received at any time if the bid is submitted by a 21
	609	+	bidder whose technical offer or sample has been evaluated as unacceptable to the unit. 22
655	610
656		-	~~1. issue~~ an invitation for ~~revised~~ auction bids~~, which shall~~
657		-	~~state whether the award will be made without competitive negotiations; and~~
	611	+	(d) A unit shall give public notice of an invitation for auction bids in the same 23
	612	+	manner as required for an invitation for bids. 24
658	613
659		-	2. requires a prompt response to that invitation.
	614	+	(e) (1) (i) Multiple price bids are permitted in response to an invitation for 25
	615	+	auction bids. 26
660	616
661		-	(iv) An invitation for revised auction bids is not subject to the notice
662		-	requirements in subsection (d) of this section.
663		-	LAWRENCE J. HOGAN, JR., Governor Ch. 527
	617	+	(ii) When a bidder submits multiple bids, each bid shall be judged 27
	618	+	independently and shall not revoke previous bids of that bidder. 28
664	619
665		-	– 15 –
666		-	(v) After revised bids have been submitted, negotiations with
667		-	bidders may not be conducted unless the procurement officer determines that there is a
668		-	compelling reason to negotiate.
	620	+	(2) A procurement officer shall: 29
669	621
670		-	(vi) ~~After revised~~ bids ~~have been received~~ and ~~any approval required~~
671		-	~~by law has been obtained,~~ ~~the procurement officer shall award the procurement contract to~~
672		-	~~the responsible bidder who submits a responsive bid that:~~
	622	+	(i) receive bids in public at the time and place designated in the 30
	623	+	invitation for auction bids; and 31
	624	+	14 HOUSE BILL 723
673	625
674		-	1. is the lowest bid price; or
675	626
676		-	2. if the invitation for revised bids so provides, is the lowest
677		-	evaluated bid price.
	627	+	(ii) record [and post] the amount of each bid at the time it is received. 1
678	628
679		-	(g) Not more than 30 days after the execution and approval of a procurement
680		-	contract awarded under this section, a unit shall publish notice of the award in eMaryland
681		-	Marketplace.
	629	+	(3) (i) The amount of a price bid shall be available for public inspection 2
	630	+	from the time it is received. 3
682	631
683		-	13–226.
	632	+	(ii) The identity of the bidder submitting a price bid shall not be 4
	633	+	available for public inspection until bidding has ended. 5
684	634
685		-	(a) Unless otherwise prohibited by law, a primary procurement unit may conduct
686		-	procurement, including the solicitation[, bidding] OF BIDS OR PROPOSAL S,
687		-	EVALUATION , award, execution, and administration of a contract, by electronic means as
688		-	provided in the Uniform Electronic Transactions Act in Title 21 of the Commercial Law
689		-	Article.
	635	+	(4) Except as provided in paragraph (5) of this subsection, a bid is 6
	636	+	irrevocable, after receipt, for the period specified in the invitation for auction bids. 7
690	637
691		-	(b) Bidding OR SUBMITTING A PROP OSAL on a procurement contract by
692		-	electronic means shall constitute consent by the bidder OR PROPOSER to conduct by
693		-	electronic means all elements of the procurement of that contract which the unit agrees to
694		-	conduct by electronic means.
	638	+	(5) A procurement officer may allow a bidder to correct or withdraw a bid 8
	639	+	if correction or withdrawal is: 9
695	640
696		-	(c) (1) (i) Except as provided in paragraph (2) of the subsection, a unit
697		-	utilizing electronic means to conduct procurement or a private contractor furnishing to the
698		-	State electronic means for conducting procurement may charge a reasonable fee, [as
699		-	determined in consultation with] ON APPROVAL BY the Chief Procurement Officer, to the
700		-	bidder, PROPOSER, OR EACH CONTRACT AWA RDEE for the use of the electronic means.
	641	+	(i) allowed under regulations adopted under this Division II 10
	642	+	applicable to an invitation for bids; and 11
701	643
702		-	(ii) Any fees collected under subparagraph (i) of this paragraph shall
703		-	be deposited in the [Electronic Transaction] OPERATIONS REVENUE Fund established
704		-	under § 13–102.1(c) of this subtitle.
	644	+	(ii) approved in writing by the Office of the Attorney General. 12
705	645
706		-	(2) Unless approved by the Board of Public Works, a fee may not be charged
707		-	under this subsection.
	646	+	(f) (1) After obtaining any approval required by law, the procurement officer 13
	647	+	shall award the procurement contract to the responsible bidder who submits the responsive 14
	648	+	bid that: 15
708	649
709		-	(d) The terms and conditions of a procurement conducted under this section shall
710		-	comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law
711		-	Article. Ch. 527 2022 LAWS OF MARYLAND
	650	+	(i) is the lowest bid price; or 16
712	651
713		-	– 16 –
	652	+	(ii) if the invitation for auction bids so provides, is the lowest 17
	653	+	evaluated bid price. 18
714	654
715		-	14–102.
	655	+	(2) If, after bids have been received, a procurement officer determines that 19
	656	+	only one responsible bidder has submitted a responsive bid, the unit may negotiate the 20
	657	+	procurement contract with that one bidder under the procedure for sole source 21
	658	+	procurement. 22
716	659
717		-	(a) Notwithstanding any other provision of this Division II, a State or State aided
718		-	or controlled entity shall buy supplies and services in accordance with § 14–103 of this
719		-	subtitle.
	660	+	(3) (i) After bids have been received, a procurement officer may award 23
	661	+	a procurement contract on the basis of revised bids if: 24
720	662
721		-	(b) The procurement of services from [a sheltered workshop] THE EMPLOYMENT
722		-	WORKS PROGRAM OR AN EMPLOYMENT WORKS PROGRAM VENDOR is not subject to
723		-	the cost savings requirements of § 13–405 of the State Personnel and Pensions Article.
	663	+	1. all bids are rejected under § 13–206(b) of this title; 25
724	664
725		-	14–106.
	665	+	2. all bid prices exceed the funds available for the 26
	666	+	procurement; or 27
726	667
727		-	(a) In this section, “Committee” means the Pricing and Selection Committee for
728		-	[Blind Industries and Services of Maryland and the Employment Works Program ]
729		-	PREFERRED PROVIDERS.
	668	+	3. with the approval of the head of a primary procurement 28
	669	+	unit or a designee, the procurement officer determines that all bids are unreasonable as to 29
	670	+	at least one requirement and delay that would result from issuing a new invitation for 30
	671	+	auction bids with revised specifications or quantities would be fiscally disadvantageous or 31
	672	+	otherwise not in the best interests of the State. 32
	673	+	HOUSE BILL 723 15
730	674
731		-	(b) There is a Pricing and Selection Committee for [Blind Industries and Services
732		-	of Maryland and the Employment Works Program] PREFERRED PROVIDERS.
733	675
734		-	(c) The Committee consists of the following 5 members:
	676	+	(ii) If there is more than one bidder, discussion about revised 1
	677	+	specifications or quantities shall be conducted with all responsible bidders who submitted 2
	678	+	responsive bids. The bidders shall be treated fairly and equally with respect to any 3
	679	+	discussions. 4
735	680
736		-	(1) the Secretary of Transportation or a designee;
	681	+	(iii) If one of the conditions set forth under subparagraph (i) of this 5
	682	+	paragraph exists, as promptly as possible, the procurement officer shall: 6
737	683
738		-	(2) the Secretary of General Services or a designee;
	684	+	1. issue an invitation for revised auction bids, which shall 7
	685	+	state whether the award will be made without competitive negotiations; and 8
739	686
740		-	~~(3) the Secretary of Public Safety and Correctional Services or~~ a ~~designee;~~
	687	+	2. requires a prompt response to that invitation. 9
741	688
742		-	(4) the ~~Assistant Secretary for Vocational Rehabilitation within the State~~
743		-	~~Department~~ of ~~Education or a designee; and~~
	689	+	(iv) An invitation for revised auction bids is not subject to the notice 10
	690	+	requirements in subsection (d) of this section. 11
744	691
745		-	(5) the Secretary of Labor or a designee.
	692	+	(v) After revised bids have been submitted, negotiations with 12
	693	+	bidders may not be conducted unless the procurement officer determines that there is a 13
	694	+	compelling reason to negotiate. 14
746	695
747		-	(d) A member of the Committee:
	696	+	(vi) After revised bids have been received and any approval required 15
	697	+	by law has been obtained, the procurement officer shall award the procurement contract to 16
	698	+	the responsible bidder who submits a responsive bid that: 17
748	699
749		-	(1~~) may not receive compensation~~; ~~but~~
	700	+	1. is the lowest bid price; or 18
750	701
751		-	(2) is ~~entitled to reimbursement for expenses under~~ the ~~Standard State~~
752		-	~~Travel Regulations as provided in the State budget~~.
	702	+	2. if the invitation for revised bids so provides, is the lowest 19
	703	+	evaluated bid price. 20
753	704
754		-	(e) (1) Blind Industries and Services of Maryland shall provide staff for the
755		-	Committee.
	705	+	(g) Not more than 30 days after the execution and approval of a procurement 21
	706	+	contract awarded under this section, a unit shall publish notice of the award in eMaryland 22
	707	+	Marketplace. 23
756	708
757		-	(2) The staff provided in accordance with paragraph (1) of this subsection
758		-	shall:
759		-	LAWRENCE J. HOGAN, JR., Governor Ch. 527
	709	+	13–226. 24
760	710
761		-	– 17 –
762		-	(i) be a blind or a visually impaired associate of Blind Industries
763		-	and Services of Maryland; and
	711	+	(a) Unless otherwise prohibited by law, a primary procurement unit may conduct 25
	712	+	procurement, including the solicitation[, bidding] OF BIDS OR PROPOSALS , 26
	713	+	EVALUATION , award, execution, and administration of a contract, by electronic means as 27
	714	+	provided in the Uniform Electronic Transactions Act in Title 21 of the Commercial Law 28
	715	+	Article. 29
764	716
765		-	(ii) complete work related to the duties of the Committee regarding
766		-	Blind Industries and Services of Maryland under the supervision and direction of the
767		-	Committee.
	717	+	(b) Bidding OR SUBMITTING A PROP OSAL on a procurement contract by 30
	718	+	electronic means shall constitute consent by the bidder OR PROPOSER to conduct by 31
	719	+	electronic means all elements of the procurement of that contract which the unit agrees to 32
	720	+	conduct by electronic means. 33
	721	+	16 HOUSE BILL 723
768	722
769		-	(f) The Committee shall:
770	723
771		-	(1) ~~ensure that supplies and services~~ provided ~~by Blind Industries and~~
772		-	~~Services of Maryland~~ or [a~~] AN EMPLOYMENT WORKS PROGRAM community service~~
773		-	~~provider create work opportunities~~ for ~~individuals who have~~ a ~~mental or physical disability~~,
774		-	~~including blindness,~~ ~~for which Blind Industries and Services of Maryland or~~ the
775		-	~~EMPLOYMENT WORKS PROGRAM community service provider was established to assist;~~
	724	+	(c) (1) (i) Except as provided in paragraph (2) of the subsection, a unit 1
	725	+	utilizing electronic means to conduct procurement or a private contractor furnishing to the 2
	726	+	State electronic means for conducting procurement may charge a reasonable fee, [as 3
	727	+	determined in consultation with] ON APPROVAL BY the Chief Procurement Officer, to the 4
	728	+	bidder, PROPOSER, OR EACH CONTRACT AWARDEE for the use of the electronic means. 5
776	729
777		-	(2) set the prices of supplies and services that Blind Industries and
778		-	Services of Maryland provides to reflect the fair market prices for the supplies and services;
	730	+	(ii) Any fees collected under subparagraph (i) of this paragraph shall 6
	731	+	be deposited in the [Electronic Transaction] OPERATIONS REVENUE Fund established 7
	732	+	under § 13–102.1(c) of this subtitle. 8
779	733
780		-	(3) ~~REVIEW AND VERIFY TH E PREVAILING AVERAGE MARKET PRICES~~ ,
781		-	~~AS PROPOSED BY MARYLAND CORRECTIONAL ENTERPRISES:~~
	734	+	(2) Unless approved by the Board of Public Works, a fee may not be charged 9
	735	+	under this subsection. 10
782	736
783		-	(I) ~~WHEN CHANGES ARE MAD E TO~~ THE ~~PRICING~~ OF ~~EXISTING~~
784		-	~~SUPPLIES AND SERVICE S THAT ARE AVAILABLE FROM MARYLAND CORRECTIONAL~~
785		-	~~ENTERPRISES; AND~~
	737	+	(d) The terms and conditions of a procurement conducted under this section shall 11
	738	+	comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law 12
	739	+	Article. 13
786	740
787		-	(II) FOR NEW SUPPLIES OR SERVICES THAT MARYLAND
788		-	CORRECTIONAL ENTERPRISES INTENDS T O MAKE AVAILABLE ;
	741	+	14–102. 14
789	742
790		-	~~[(3)]~~ (4) ~~establish procedures to govern procurement~~ of ~~supplies [and]~~,
791		-	~~services,~~ AND ~~OTHER SALES from EMPLOYMENT WORKS PROGRAM community service~~
792		-	~~providers and individual with disability owned businesses;~~
	743	+	(a) Notwithstanding any other provision of this Division II, a State or State aided 15
	744	+	or controlled entity shall buy supplies and services in accordance with § 14–103 of this 16
	745	+	subtitle. 17
793	746
794		-	~~[(4)]~~ (5) from the ~~State procurement list, choose appropriate supplies~~
795		-	~~[and], services,~~ ~~AND OTHER SALES for~~ EMPLOYMENT WORKS PROGRAM ~~community~~
796		-	~~service providers~~ and ~~individual with disability owned businesses to offer for procurement;~~
	747	+	(b) The procurement of services from [a sheltered workshop] THE EMPLOYMENT 18
	748	+	WORKS PROGRAM OR AN EMPLOYMENT WORKS PROGRAM VENDOR is not subject to 19
	749	+	the cost savings requirements of § 13–405 of the State Personnel and Pensions Article. 20
797	750
798		-	[(5)] (6) provide that the State procure those supplies [and], services,
799		-	AND OTHER SALES from [a] AN EMPLOYMENT WORKS PROGRAM community service
800		-	provider or an individual with disability owned business;
	751	+	14–106. 21
801	752
802		-	[(6)] (7) if supplies [or], services, OR OTHER SALES are not available for
803		-	procurement from a unit of the State GOVERNMENT , determine whether supplies [or],
804		-	services, OR OTHER SALES are available from [a] AN EMPLOYMENT WORKS PROGRAM
805		-	community service provider or an individual with disability owned business;
806		-	Ch. 527 2022 LAWS OF MARYLAND
	753	+	(a) In this section, “Committee” means the Pricing and Selection Committee for 22
	754	+	[Blind Industries and Services of Maryland and the Employment Works Program ] 23
	755	+	PREFERRED PROVIDERS. 24
807	756
808		-	– 18 –
809		-	[(7)] (8) determine the fair market price of supplies [and], services, AND
810		-	OTHER SALES that EMPLOYMENT WORKS PROGRAM community service providers and
811		-	individual with disability owned businesses provide;
	757	+	(b) There is a Pricing and Selection Committee for [Blind Industries and Services 25
	758	+	of Maryland and the Employment Works Program] PREFERRED PROVIDERS. 26
812	759
813		-	[(8)] (9) in accordance with market conditions, adjust prices for the
814		-	supplies [and], services, AND OTHER SALES that EMPLOYMENT WORKS PROGRAM
815		-	community service providers and individual with disability owned businesses provide; and
	760	+	(c) The Committee consists of the following 5 members: 27
816	761
817		-	[(9)] (10) at the request of a community service provider or an individual
818		-	with disability owned business, review and, if appropriate, change the price of a supply or
819		-	service.
	762	+	(1) the Secretary of Transportation or a designee; 28
820	763
821		-	(g) In addition to the duties specified under subsection (f) of this section, the
822		-	committee shall:
	764	+	(2) the Secretary of General Services or a designee; 29
823	765
824		-	(1) establish and periodically review eligibility policies or guidelines for
825		-	participating community service providers and individual with disability owned
826		-	businesses;
	766	+	(3) the Secretary of Public Safety and Correctional Services or a designee; 30
827	767
828		-	(2) ~~maintain a current list of community service providers and individual~~
829		-	~~with disability owned businesses~~;
	768	+	(4) the Assistant Secretary for Vocational Rehabilitation within the State 31
	769	+	Department of Education or a designee; and 32 HOUSE BILL 723 17
830	770
831		-	(3) periodically review and revise its list of community service providers
832		-	and individual with disability owned businesses; and
833	771
834		-	(4) send any revised list to the [Secretary of General Services] CHIEF
835		-	PROCUREMENT OFFICER who shall make the list available to each person responsible
836		-	for buying supplies or services for the State or a State aided or controlled entity.
837	772
838		-	~~14–107~~.
	773	+	(5) the Secretary of Labor or a designee. 1
839	774
840		-	The Pricing and Selection Committee for [Blind Industries and Services of Maryland
841		-	and the Employment Works Program] PREFERRED PROVIDERS shall:
	775	+	(d) A member of the Committee: 2
842	776
843		-	(1) (i) maintain a current list of supplies and services that Blind
844		-	Industries and Services of Maryland provides; [and]
	777	+	(1) may not receive compensation; but 3
845	778
846		-	(ii) maintain a current list of supplies [and], services, AND OTHER
847		-	SALES that community service providers and individual with disability owned businesses
848		-	provide; AND
	779	+	(2) is entitled to reimbursement for expenses under the Standard State 4
	780	+	Travel Regulations as provided in the State budget. 5
849	781
850		-	(III) MAINTAIN A CURRENT L IST OF SUPPLIES AND SERVICES
851		-	THAT MARYLAND CORRECTIONAL ENTERPRISES PROVIDES ;
852		-	LAWRENCE J. HOGAN, JR., Governor Ch. 527
	782	+	(e) (1) Blind Industries and Services of Maryland shall provide staff for the 6
	783	+	Committee. 7
853	784
854		-	– 19 –
855		-	(2) periodically review and revise the lists of supplies [and], services, AND
856		-	OTHER SALES maintained in accordance with item (1) of this section; and
	785	+	(2) The staff provided in accordance with paragraph (1) of this subsection 8
	786	+	shall: 9
857	787
858		-	(3) send the lists, and any revised lists, to the [Secretary of General
859		-	Services] CHIEF PROCUREMENT OFFICER who shall make the lists available to each
860		-	person responsible for buying supplies [or], services, OR OTHER SALES for the State or a
861		-	State aided or controlled entity.
	788	+	(i) be a blind or a visually impaired associate of Blind Industries 10
	789	+	and Services of Maryland; and 11
862	790
863		-	14–405.
	791	+	(ii) complete work related to the duties of the Committee regarding 12
	792	+	Blind Industries and Services of Maryland under the supervision and direction of the 13
	793	+	Committee. 14
864	794
865		-	(a) ~~(1) In this section~~ the ~~following words have the meanings indicated.~~
	795	+	(f) The Committee shall: 15
866	796
867		-	(2) “Environmentally preferable product or service” means a product or
868		-	service that throughout the full life cycle of the product or service:
	797	+	(1) ensure that supplies and services provided by Blind Industries and 16
	798	+	Services of Maryland or [a] AN EMPLOYMENT WORKS PROGRAM community service 17
	799	+	provider create work opportunities for individuals who have a mental or physical disability, 18
	800	+	including blindness, for which Blind Industries and Services of Maryland or the 19
	801	+	EMPLOYMENT WORKS PROGRAM community service provider was established to assist; 20
869	802
870		-	(i) ~~is energy efficient,~~ ~~water efficient,~~ ~~biobased, nonozone depleting,~~
871		-	~~made with recycled content,~~ ~~or nontoxic~~; or
	803	+	(2) set the prices of supplies and services that Blind Industries and 21
	804	+	Services of Maryland provides to reflect the fair market prices for the supplies and services; 22
872	805
873		-	(ii) ~~has other attributes recognized as environmentally preferable by~~
874		-	~~the~~ Maryland ~~Green Purchasing Committee.~~
	806	+	(3) REVIEW AND VERIFY TH E PREVAILING AVERAGE MARKET PRICES , 23
	807	+	AS PROPOSED BY MARYLAND CORRECTIONAL ENTERPRISES: 24
875	808
876		-	(b) (1) To encourage the maximum purchase of environmentally preferable
877		-	products and services, the Maryland Green purchasing Committee established under §
878		-	14–410 of this subtitle shall establish environmentally preferable specifications to be
879		-	adopted by State agencies.
	809	+	(I) WHEN CHANGES ARE MAD E TO THE PRICING OF EXISTING 25
	810	+	SUPPLIES AND SERVICE S THAT ARE AVAILABLE FROM MARYLAND CORRECTIONAL 26
	811	+	ENTERPRISES; AND 27
880	812
881		-	(2) The environmentally preferable specifications shall be published and
882		-	maintained online by the Maryland Green Purchasing Committee for use by State agencies.
	813	+	(II) FOR NEW SUPPLIES OR SERVICES THAT MARYLAND 28
	814	+	CORRECTIONAL ENTERPRISES INTENDS T O MAKE AVAILABLE ; 29
	815	+	18 HOUSE BILL 723
883	816
884		-	(c) Each State unit shall review annually the procurement specifications
885		-	currently used by the unit and, to the extent practicable:
886	817
887		-	(1) adopt the environmentally preferable specifications published by the
888		-	Maryland Green Purchasing Committee; and
	818	+	[(3)] (4) establish procedures to govern procurement of supplies [and], 1
	819	+	services, AND OTHER SALES from EMPLOYMENT WORKS PROGRAM community service 2
	820	+	providers and individual with disability owned businesses; 3
889	821
890		-	(2) revise the unit’s procurement specifications in accordance with §
891		-	14–410 of this subtitle.
	822	+	[(4)] (5) from the State procurement list, choose appropriate supplies 4
	823	+	[and], services, AND OTHER SALES for EMPLOYMENT WORKS PROGRAM community 5
	824	+	service providers and individual with disability owned businesses to offer for procurement; 6
892	825
893		-	(d) On or before [September] OCTOBER 1 of each year, each unit shall report to
894		-	the Department of General Services on the unit’s procurement of environmentally
895		-	preferable products and services as a percentage of the unit’s gross purchases during the
896		-	preceding fiscal year, including the types and quantities of products and services procured.
	826	+	[(5)] (6) provide that the State procure those supplies [and], services, 7
	827	+	AND OTHER SALES from [a] AN EMPLOYMENT WORKS PROGRAM community service 8
	828	+	provider or an individual with disability owned business; 9
897	829
898		-	(e) (1) Except as provided in paragraph (2) of this subsection, this section is
899		-	broadly applicable to all procurements by the State if the quality of the product or service
900		-	is consistent with the requirements of the bid specifications. Ch. 527 2022 LAWS OF MARYLAND
	830	+	[(6)] (7) if supplies [or], services, OR OTHER SALES are not available for 10
	831	+	procurement from a unit of the State GOVERNMENT , determine whether supplies [or], 11
	832	+	services, OR OTHER SALES are available from [a] AN EMPLOYMENT WORKS PROGRAM 12
	833	+	community service provider or an individual with disability owned business; 13
901	834
902		-	– 20 –
	835	+	[(7)] (8) determine the fair market price of supplies [and], services, AND 14
	836	+	OTHER SALES that EMPLOYMENT WORKS PROGRAM community service providers and 15
	837	+	individual with disability owned businesses provide; 16
903	838
904		-	(2) ~~Only to~~ the ~~extent necessary to prevent the denial of federal money or~~
905		-	~~eliminate the inconsistency with federal law~~, ~~this section does not apply to a procurement~~
906		-	~~by the State if the procurement officer determines that compliance~~ with ~~this section would:~~
	839	+	[(8)] (9) in accordance with market conditions, adjust prices for the 17
	840	+	supplies [and], services, AND OTHER SALES that EMPLOYMENT WORKS PROGRAM 18
	841	+	community service providers and individual with disability owned businesses provide; and 19
907	842
908		-	(i) cause denial of federal money; or
	843	+	[(9)] (10) at the request of a community service provider or an individual 20
	844	+	with disability owned business, review and, if appropriate, change the price of a supply or 21
	845	+	service. 22
909	846
910		-	(ii) be inconsistent with the requirements of federal law.
	847	+	(g) In addition to the duties specified under subsection (f) of this section, the 23
	848	+	committee shall: 24
911	849
912		-	14–410.
	850	+	(1) establish and periodically review eligibility policies or guidelines for 25
	851	+	participating community service providers and individual with disability owned 26
	852	+	businesses; 27
913	853
914		-	(e) On or before [October 1] DECEMBER 31 of each year, the Committee shall
915		-	report to the General Assembly, in accordance with § 2–1257 of the State Government
916		-	Article, on the Committee’s activities and the progress made as a result of the
917		-	implementation of this section.
	854	+	(2) maintain a current list of community service providers and individual 28
	855	+	with disability owned businesses; 29
918	856
919		-	17–502.
	857	+	(3) periodically review and revise its list of community service providers 30
	858	+	and individual with disability owned businesses; and 31
920	859
921		-	(a) THIS SECTION DOES NOT APPLY TO EMERGENCY P ROCUREMENT UNDER
922		-	§ 13–108 OF THIS DIVISION II.
	860	+	(4) send any revised list to the [Secretary of General Services] CHIEF 32
	861	+	PROCUREMENT OFFICER who shall make the list available to each person responsible 33
	862	+	for buying supplies or services for the State or a State aided or controlled entity. 34 HOUSE BILL 723 19
923	863
924		-	(B) In addition to any other provision of law, the following persons shall use
925		-	eMaryland Marketplace to publish notice of a procurement [or] AND publish a notice of
926		-	award of a procurement that is at the same amount or exceeds the amount required by the
927		-	Board for a State contract to be published in eMaryland Marketplace:
928	864
929		-	(1) a unit of State government;
930	865
931		-	~~(2) a county;~~
	866	+	14–107. 1
932	867
933		-	(3) a municipality;
	868	+	The Pricing and Selection Committee for [Blind Industries and Services of Maryland 2
	869	+	and the Employment Works Program] PREFERRED PROVIDERS shall: 3
934	870
935		-	(4) a bicounty or multicounty governmental agency;
	871	+	(1) (i) maintain a current list of supplies and services that Blind 4
	872	+	Industries and Services of Maryland provides; [and] 5
936	873
937		-	(5) a special tax district, sanitary district, drainage district, soil
938		-	conservation district, and water supply district;
	874	+	(ii) maintain a current list of supplies [and], services, AND OTHER 6
	875	+	SALES that community service providers and individual with disability owned businesses 7
	876	+	provide; AND 8
939	877
940		-	(6) a public institution of higher education;
	878	+	(III) MAINTAIN A CURRENT L IST OF SUPPLIES AND SERVICES 9
	879	+	THAT MARYLAND CORRECTIONAL ENTERPRISES PROVIDES ; 10
941	880
942		-	(7) a public school; and
	881	+	(2) periodically review and revise the lists of supplies [and], services, AND 11
	882	+	OTHER SALES maintained in accordance with item (1) of this section; and 12
943	883
944		-	(8) ~~except for~~ the ~~Maryland Health~~ and ~~Higher Educational Facilities~~
945		-	~~Authority, an entity exempt from~~ the ~~provisions of this Division II in accordance with §~~
946		-	~~11–203 of this article.~~
947		-	~~LAWRENCE J~~. ~~HOGAN, JR., Governor Ch. 527~~
	884	+	(3) send the lists, and any revised lists, to the [Secretary of General 13
	885	+	Services] CHIEF PROCUREMENT OFFICER who shall make the lists available to each 14
	886	+	person responsible for buying supplies [or], services, OR OTHER SALES for the State or a 15
	887	+	State aided or controlled entity. 16
948	888
949		-	– 21 –
950		-	[(b)] (C) This section may not be construed to prohibit a person listed in
951		-	subsection [(a)] (B) of this section from publishing notice of a procurement or publishing a
952		-	notice of award in accordance with any other law or policy.
	889	+	14–405. 17
953	890
954		-	[(c)] (D) An unintentional violation of this section may not constitute grounds to
955		-	challenge or appeal:
	891	+	(a) (1) In this section the following words have the meanings indicated. 18
956	892
957		-	(1) the award of a procurement; or
	893	+	(2) “Environmentally preferable product or service” means a product or 19
	894	+	service that throughout the full life cycle of the product or service: 20
958	895
959		-	(2) the process through which a procurement was conducted.
	896	+	(i) is energy efficient, water efficient, biobased, nonozone depleting, 21
	897	+	made with recycled content, or nontoxic; or 22
960	898
961		-	~~SECTION 2.~~ ~~AND BE IT FURTHER ENACTED,~~ ~~That this Act shall take effect July~~
962		-	~~1, 2022~~.
	899	+	(ii) has other attributes recognized as environmentally preferable by 23
	900	+	the Maryland Green Purchasing Committee. 24
963	901
964		-	Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
	902	+	(b) (1) To encourage the maximum purchase of environmentally preferable 25
	903	+	products and services, the Maryland Green purchasing Committee established under § 26
	904	+	14–410 of this subtitle shall establish environmentally preferable specifications to be 27
	905	+	adopted by State agencies. 28
	906	+
	907	+	(2) The environmentally preferable specifications shall be published and 29
	908	+	maintained online by the Maryland Green Purchasing Committee for use by State agencies. 30
	909	+	20 HOUSE BILL 723
	910	+
	911	+
	912	+	(c) Each State unit shall review annually the procurement specifications 1
	913	+	currently used by the unit and, to the extent practicable: 2
	914	+
	915	+	(1) adopt the environmentally preferable specifications published by the 3
	916	+	Maryland Green Purchasing Committee; and 4
	917	+
	918	+	(2) revise the unit’s procurement specifications in accordance with § 5
	919	+	14–410 of this subtitle. 6
	920	+
	921	+	(d) On or before [September] OCTOBER 1 of each year, each unit shall report to 7
	922	+	the Department of General Services on the unit’s procurement of environmentally 8
	923	+	preferable products and services as a percentage of the unit’s gross purchases during the 9
	924	+	preceding fiscal year, including the types and quantities of products and services procured. 10
	925	+
	926	+	(e) (1) Except as provided in paragraph (2) of this subsection, this section is 11
	927	+	broadly applicable to all procurements by the State if the quality of the product or service 12
	928	+	is consistent with the requirements of the bid specifications. 13
	929	+
	930	+	(2) Only to the extent necessary to prevent the denial of federal money or 14
	931	+	eliminate the inconsistency with federal law, this section does not apply to a procurement 15
	932	+	by the State if the procurement officer determines that compliance with this section would: 16
	933	+
	934	+	(i) cause denial of federal money; or 17
	935	+
	936	+	(ii) be inconsistent with the requirements of federal law. 18
	937	+
	938	+	14–410. 19
	939	+
	940	+	(e) On or before [October 1] DECEMBER 31 of each year, the Committee shall 20
	941	+	report to the General Assembly, in accordance with § 2–1257 of the State Government 21
	942	+	Article, on the Committee’s activities and the progress made as a result of the 22
	943	+	implementation of this section. 23
	944	+
	945	+	17–502. 24
	946	+
	947	+	(a) THIS SECTION DOES NOT APPLY TO EMERGENCY P ROCUREMENT UNDER 25
	948	+	§ 13–108 OF THIS DIVISION II. 26
	949	+
	950	+	(B) In addition to any other provision of law, the following persons shall use 27
	951	+	eMaryland Marketplace to publish notice of a procurement [or] AND publish a notice of 28
	952	+	award of a procurement that is at the same amount or exceeds the amount required by the 29
	953	+	Board for a State contract to be published in eMaryland Marketplace: 30
	954	+
	955	+	(1) a unit of State government; 31
	956	+
	957	+	(2) a county; 32 HOUSE BILL 723 21
	958	+
	959	+
	960	+
	961	+	(3) a municipality; 1
	962	+
	963	+	(4) a bicounty or multicounty governmental agency; 2
	964	+
	965	+	(5) a special tax district, sanitary district, drainage district, soil 3
	966	+	conservation district, and water supply district; 4
	967	+
	968	+	(6) a public institution of higher education; 5
	969	+
	970	+	(7) a public school; and 6
	971	+
	972	+	(8) except for the Maryland Health and Higher Educational Facilities 7
	973	+	Authority, an entity exempt from the provisions of this Division II in accordance with § 8
	974	+	11–203 of this article. 9
	975	+
	976	+	[(b)] (C) This section may not be construed to prohibit a person listed in 10
	977	+	subsection [(a)] (B) of this section from publishing notice of a procurement or publishing a 11
	978	+	notice of award in accordance with any other law or policy. 12
	979	+
	980	+	[(c)] (D) An unintentional violation of this section may not constitute grounds to 13
	981	+	challenge or appeal: 14
	982	+
	983	+	(1) the award of a procurement; or 15
	984	+
	985	+	(2) the process through which a procurement was conducted. 16
	986	+
	987	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
	988	+	1, 2022. 18
	989	+
	990	+
	991	+
	992	+
	993	+	Approved:
	994	+	________________________________________________________________________________
	995	+	Governor.
	996	+	________________________________________________________________________________
	997	+	Speaker of the House of Delegates.
	998	+	________________________________________________________________________________
	999	+	President of the Senate.