MD
Maryland Senate Bill SB461

Maryland 2022 Regular Session

Maryland Senate Bill SB461 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 528
21
3-– 1 –
4-Chapter 528
5-(Senate Bill 461)
62
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+ *sb0461*
89
9-State Finance and Procurement – Procedures and Pricing and Selection
10-Committee for Preferred Providers
10+SENATE BILL 461
11+P2 2lr2603
12+ CF HB 723
13+By: Senator Griffith
14+Introduced and read first time: January 27, 2022
15+Assigned to: Budget and Taxation
16+Committee Report: Favorable
17+Senate action: Adopted
18+Read second time: February 27, 2022
1119
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; renaming the Purchasing Bureau in the Department of General
21-Services to be the Office of State Procurement, led by the Chief Procurement Officer;
22-establishing certain duties and authority of the Chief Procurement Officer; altering
23-the list of units that are defined as “designated procurement units”; authorizing the
24-Chief Procurement Officer to establish certain fees under certain circumstances;
25-authorizing certain types of procurement to be conducted by electronic means;
26-renaming the Electronic Transaction Fund in the Department to be the Operations
27-Revenue Fund; altering the procedures used by certain units when procuring certain
28-goods and services; repealing a requirement that a procurement officer post the
29-amount of each bid at the time it is received; establishing that the Employment
30-Works Program and an Employment Works Program vendor are not subject to
31-certain cost savings requirements; altering the duties of the Pricing and Selection
32-Committee; providing that certain provisions relating to the use of eMaryland
33-Marketplace do not apply to certain emergency procurements; altering the dates of
34-certain reporting requirements; and generally relating to State procurement.
20+CHAPTER ______
3521
36-BY repealing and reenacting, with amendments,
37- Article – Correctional Services
38- Section 3–515
39- Annotated Code of Maryland
40- (2017 Replacement Volume and 2021 Supplement)
22+AN ACT concerning 1
4123
42-BY repealing and reenacting, without amendments,
43- Article – State Finance and Procurement
44-Section 3A–301(a)
45- Annotated Code of Maryland
46- (2021 Replacement Volume)
24+State Finance and Procurement – Procedures and Pricing and Selection 2
25+Committee for Preferred Providers 3
4726
48-BY repealing and reenacting, with amendments,
49- Article – State Finance and Procurement Ch. 528 2022 LAWS OF MARYLAND
27+FOR the purpose of renaming the Pricing and Selection Committee for Blind Industries 4
28+and Services of Maryland and the Employment Works Program to be the Pricing and 5
29+Selection Committee for Preferred Providers; requiring that Maryland Correctional 6
30+Enterprises provide the proposed prevailing average market price of certain goods 7
31+and services that are available from Maryland Correctional Enterprises to the 8
32+Pricing and Selection Committee; requiring the Pricing and Selection Committee to 9
33+review and verify the prevailing average market prices of certain goods and services; 10
34+altering the duties of the Department of Information Technology relating to 11
35+procurement; renaming the Purchasing Bureau in the Department of General 12
36+Services to be the Office of State Procurement, led by the Chief Procurement Officer; 13
37+establishing certain duties and authority of the Chief Procurement Officer; altering 14
38+the list of units that are defined as “designated procurement units”; authorizing the 15
39+Chief Procurement Officer to establish certain fees under certain circumstances; 16
40+authorizing certain types of procurement to be conducted by electronic means; 17
41+renaming the Electronic Transaction Fund in the Department to be the Operations 18
42+Revenue Fund; altering the procedures used by certain units when procuring certain 19
43+goods and services; repealing a requirement that a procurement officer post the 20
44+amount of each bid at the time it is received; establishing that the Employment 21
45+Works Program and an Employment Works Program vendor are not subject to 22
46+certain cost savings requirements; altering the duties of the Pricing and Selection 23
47+Committee; providing that certain provisions relating to the use of eMaryland 24 2 SENATE BILL 461
5048
51-– 2 –
52- Section 3A–301(d) and (f), 3A–401, 4–206(a), 4–301, 4–302, 4–303, 4–307, 4–310,
53- 4–311, 4–312, 4–313, 4–315, 4–316, 13–101, 13–102.1, 13–111, 13–226,
54- 14–102, 14–106, 14–107, 14–405, 14–410(e), and 17–502
55- Annotated Code of Maryland
56- (2021 Replacement Volume)
5749
58- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
59-That the Laws of Maryland read as follows:
50+Marketplace do not apply to certain emergency procurements; altering the dates of 1
51+certain reporting requirements; and generally relating to State procurement. 2
6052
61-Article – Correctional Services
53+BY repealing and reenacting, with amendments, 3
54+ Article – Correctional Services 4
55+ Section 3–515 5
56+ Annotated Code of Maryland 6
57+ (2017 Replacement Volume and 2021 Supplement) 7
6258
63-3–515.
59+BY repealing and reenacting, without amendments, 8
60+ Article – State Finance and Procurement 9
61+Section 3A–301(a) 10
62+ Annotated Code of Maryland 11
63+ (2021 Replacement Volume) 12
6464
65- (a) A unit of State government shall purchase from Maryland Correctional
66-Enterprises any goods or services that are available from Maryland Correctional
67-Enterprises and that Maryland Correctional Enterprises can provide at a price not
68-exceeding the prevailing average market price as determined by the [Department of
69-General Services] PRICING AND SELECTION COMMITTEE FOR PREFERRED
70-PROVIDERS.
65+BY repealing and reenacting, with amendments, 13
66+ Article – State Finance and Procurement 14
67+ Section 3A–301(d) and (f), 3A–401, 4–206(a), 4–301, 4–302, 4–303, 4–307, 4–310, 15
68+ 4–311, 4–312, 4–313, 4–315, 4–316, 13–101, 13–102.1, 13–111, 13–226, 16
69+ 14–102, 14–106, 14–107, 14–405, 14–410(e), and 17–502 17
70+ Annotated Code of Maryland 18
71+ (2021 Replacement Volume) 19
7172
72- (b) THE PRICING AND SELECTION COMMITTEE FOR PREFERRED
73-PROVIDERS SHALL REVIE W AND VERIFY THE PRE VAILING AVERAGE MARK ET
74-PRICES, AS PROPOSED BY MARYLAND CORRECTIONAL ENTERPRISES:
73+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
74+That the Laws of Maryland read as follows: 21
7575
76- (1) WHEN CHANGES ARE MAD E TO THE PRICING OF EXISTING GOODS
77-AND SERVICES THAT AR E AVAILABLE FROM MARYLAND CORRECTIONAL
78-ENTERPRISES; AND
76+Article – Correctional Services 22
7977
80- (2) FOR NEW GOODS OR SER VICES THAT MARYLAND CORRECTIONAL
81-ENTERPRISES INTENDS T O MAKE AVAILABLE .
78+3–515. 23
8279
83- (C) (1) The contracting unit shall inform each unit of State government for
84-which it procures goods or services within 60 days after the award of a contract.
80+ (a) A unit of State government shall purchase from Maryland Correctional 24
81+Enterprises any goods or services that are available from Maryland Correctional 25
82+Enterprises and that Maryland Correctional Enterprises can provide at a price not 26
83+exceeding the prevailing average market price as determined by the [Department of 27
84+General Services] PRICING AND SELECTION COMMITTEE FOR PREFERRED 28
85+PROVIDERS. 29
8586
86- (2) Quarterly, each unit that requires goods or services for its operations
87-shall inform Maryland Correctional Enterprises of its anticipated orders during the next
88-3–month period.
87+ (b) THE PRICING AND SELECTION COMMITTEE FOR PREFERRED 30
88+PROVIDERS SHALL REVIE W AND VERIFY THE PRE VAILING AVERAGE MARK ET 31
89+PRICES, AS PROPOSED BY MARYLAND CORRECTIONAL ENTERPRISES: 32
8990
90- (3) If Maryland Correctional Enterprises is unable to provide any of the
91-goods or services under the contract, Maryland Correctional Enterprises shall notify the
92-contracting unit so that appropriate alternative action may be taken to meet the needs of
93-units of State government for which the contracting unit procures goods or services.
91+ (1) WHEN CHANGES ARE MAD E TO THE PRICING OF EXISTING GOODS 33
92+AND SERVICES THAT AR E AVAILABLE FROM MARYLAND CORRECTIONAL 34
93+ENTERPRISES; AND 35
9494
95- [(c)] (D) The Board of Public Works:
96- LAWRENCE J. HOGAN, JR., Governor Ch. 528
95+ (2) FOR NEW GOODS OR SER VICES THAT MARYLAND CORRECTIONAL 36 SENATE BILL 461 3
9796
98-– 3 –
99- (1) shall suspend the application of subsection (a) of this section if the
100-Board of Public Works finds that the purposes of Division II of the State Finance and
101-Procurement Article are being unduly eroded due to the volume and scope of activities and
102-sales by Maryland Correctional Enterprises; and
10397
104- (2) may suspend the application of subsection (a) of this section for data
105-entry services that involve information that is protected from disclosure under Title 4 of
106-the General Provisions Article.
98+ENTERPRISES INTENDS T O MAKE AVAILABLE . 1
10799
108-Article – State Finance and Procurement
100+ (C) (1) The contracting unit shall inform each unit of State government for 2
101+which it procures goods or services within 60 days after the award of a contract. 3
109102
110-3A–301.
103+ (2) Quarterly, each unit that requires goods or services for its operations 4
104+shall inform Maryland Correctional Enterprises of its anticipated orders during the next 5
105+3–month period. 6
111106
112- (a) In this subtitle the following words have the meanings indicated.
107+ (3) If Maryland Correctional Enterprises is unable to provide any of the 7
108+goods or services under the contract, Maryland Correctional Enterprises shall notify the 8
109+contracting unit so that appropriate alternative action may be taken to meet the needs of 9
110+units of State government for which the contracting unit procures goods or services. 10
113111
114- (d) (1) “Development” means all expenditures for a new information
115-technology system or an enhancement to an existing system including system:
112+ [(c)] (D) The Board of Public Works: 11
116113
117- (i) planning;
114+ (1) shall suspend the application of subsection (a) of this section if the 12
115+Board of Public Works finds that the purposes of Division II of the State Finance and 13
116+Procurement Article are being unduly eroded due to the volume and scope of activities and 14
117+sales by Maryland Correctional Enterprises; and 15
118118
119- (ii) [procurement;
119+ (2) may suspend the application of subsection (a) of this section for data 16
120+entry services that involve information that is protected from disclosure under Title 4 of 17
121+the General Provisions Article. 18
120122
121- (iii)] creation;
123+Article – State Finance and Procurement 19
122124
123- [(iv)] (III) installation;
125+3A–301. 20
124126
125- [(v)] (IV) testing; and
127+ (a) In this subtitle the following words have the meanings indicated. 21
126128
127- [(vi)] (V) initial training.
129+ (d) (1) “Development” means all expenditures for a new information 22
130+technology system or an enhancement to an existing system including system: 23
128131
129- (2) “Development” does not include:
132+ (i) planning; 24
130133
131- (i) ongoing operating costs, software or hardware maintenance,
132-routine upgrades, or modifications that merely allow for a continuation of the existing level
133-of functionality; or
134+ (ii) [procurement; 25
134135
135- (ii) expenditures made after a new or enhanced system has been
136-legally accepted by the user and is being used for the business process for which it was
137-intended.
136+ (iii)] creation; 26
138137
139- (f) “Information technology” means all electronic information processing
140-[hardware and software], including:
138+ [(iv)] (III) installation; 27
141139
142- (1) maintenance;
140+ [(v)] (IV) testing; and 28
143141
144- (2) telecommunications; [and] Ch. 528 2022 LAWS OF MARYLAND
142+ [(vi)] (V) initial training. 29
143+ 4 SENATE BILL 461
145144
146-– 4 –
147145
148- (3) HARDWARE ;
146+ (2) “Development” does not include: 1
149147
150- (4) SOFTWARE; AND
148+ (i) ongoing operating costs, software or hardware maintenance, 2
149+routine upgrades, or modifications that merely allow for a continuation of the existing level 3
150+of functionality; or 4
151151
152- [(3)] (5) associated [consulting] services.
152+ (ii) expenditures made after a new or enhanced system has been 5
153+legally accepted by the user and is being used for the business process for which it was 6
154+intended. 7
153155
154-3A–401.
156+ (f) “Information technology” means all electronic information processing 8
157+[hardware and software], including: 9
155158
156- (a) The Department shall:
159+ (1) maintenance; 10
157160
158- (1) coordinate the development, [procurement,] management, and
159-operation of telecommunication equipment, systems, and services by State government;
161+ (2) telecommunications; [and] 11
160162
161- (2) acquire and manage common user telecommunication equipment,
162-systems, or services and charge units of State government for their proportionate share of
163-the costs of installations, maintenance, and operation of the common user
164-telecommunication equipment, systems, or services;
163+ (3) HARDWARE ; 12
165164
166- (3) promote compatibility of telecommunication systems by developing
167-policies, procedures, and standards for the acquisition and use of telecommunication
168-equipment, systems, and services by units of State government;
165+ (4) SOFTWARE; AND 13
169166
170- (4) coordinate State government telecommunication systems and services
171-by reviewing requests by units of State government for telecommunication equipment,
172-systems, or services;
167+ [(3)] (5) associated [consulting] services. 14
173168
174- (5) advise units of State government about planning, acquisition, and
175-operation of telecommunication equipment, systems, or services; and
169+3A–401. 15
176170
177- (6) provide radio frequency coordination for State and local governments
178-in accordance with regulations of the Federal Communications Commission.
171+ (a) The Department shall: 16
179172
180- (b) The Department may make arrangement for a user other than a unit of State
181-government to have access to and use of State telecommunication equipment, systems, and
182-services and shall charge the user any appropriate amount to cover the cost of installation,
183-maintenance, and operation of the telecommunication equipment, system, or service
184-provided.
173+ (1) coordinate the development, [procurement,] management, and 17
174+operation of telecommunication equipment, systems, and services by State government; 18
185175
186-4–206.
176+ (2) acquire and manage common user telecommunication equipment, 19
177+systems, or services and charge units of State government for their proportionate share of 20
178+the costs of installations, maintenance, and operation of the common user 21
179+telecommunication equipment, systems, or services; 22
187180
188- (a) The following units are in the Department:
181+ (3) promote compatibility of telecommunication systems by developing 23
182+policies, procedures, and standards for the acquisition and use of telecommunication 24
183+equipment, systems, and services by units of State government; 25
189184
190- (1) the Board of Architectural Review;
191- LAWRENCE J. HOGAN, JR., Governor Ch. 528
185+ (4) coordinate State government telecommunication systems and services 26
186+by reviewing requests by units of State government for telecommunication equipment, 27
187+systems, or services; 28
192188
193-– 5 –
194- (2) [the General Professional Services Selection Board;
189+ (5) advise units of State government about planning, acquisition, and 29
190+operation of telecommunication equipment, systems, or services; and 30
191+ SENATE BILL 461 5
195192
196- (3) the Purchasing Bureau] THE OFFICE OF STATE PROCUREMENT ;
197-and
198193
199- [(4)] (3) any other unit that is in the Department under any other law.
194+ (6) provide radio frequency coordination for State and local governments 1
195+in accordance with regulations of the Federal Communications Commission. 2
200196
201-4–301.
197+ (b) The Department may make arrangement for a user other than a unit of State 3
198+government to have access to and use of State telecommunication equipment, systems, and 4
199+services and shall charge the user any appropriate amount to cover the cost of installation, 5
200+maintenance, and operation of the telecommunication equipment, system, or service 6
201+provided. 7
202202
203- (a) In this subtitle the following words have the meanings indicated.
203+4–206. 8
204204
205- (b) “Bid” means a bid, proposal, or other response to a solicitation.
205+ (a) The following units are in the Department: 9
206206
207-(C) (1) “SERVICES” MEANS THE RENDERING OF TIME, EFFORT, OR WORK,
208-RATHER THAN THE FURN ISHING OF A SPECIFIC PHYSICAL PR ODUCT OTHER THAN
209-REPORTS INCIDENTAL T O THE REQUIRED PERFO RMANCE.
207+ (1) the Board of Architectural Review; 10
210208
211- (2) “SERVICES” INCLUDES MAINTENANCE ,
212-CONSTRUCTION –RELATED SERVICES , ARCHITECTURAL SERVIC ES, ENGINEERING
213-SERVICES, AND THE PROFESSIONAL , PERSONAL, OR CONTRACTUAL SERVI CES
214-PROVIDED BY ATTOR NEYS, ACCOUNTANTS , PHYSICIANS, CONSULTANTS , AND OTHER
215-PROFESSIONALS WHO AR E INDEPENDENT CONTRA CTORS.
209+ (2) [the General Professional Services Selection Board; 11
216210
217- [(c)] (D) “Supplies” means tangible property, including equipment and
218-materials.
211+ (3) the Purchasing Bureau] THE OFFICE OF STATE PROCUREMENT ; 12
212+and 13
219213
220-4–302.
214+ [(4)] (3) any other unit that is in the Department under any other law. 14
221215
222- There is [a Purchasing Bureau] AN OFFICE OF STATE PROCUREMENT in the
223-Department.
216+4–301. 15
224217
225-4–303.
218+ (a) In this subtitle the following words have the meanings indicated. 16
226219
227- The Secretary may delegate any power or duty set forth in Part I or Part II of this
228-subtitle to the Chief [of the Purchasing Bureau] PROCUREMENT OFFICER OF THE
229-OFFICE OF STATE PROCUREMENT .
220+ (b) “Bid” means a bid, proposal, or other response to a solicitation. 17
230221
231-4–307.
222+(C) (1) “SERVICES” MEANS THE RENDERING OF TIME, EFFORT, OR WORK, 18
223+RATHER THAN THE FURN ISHING OF A SPECIFIC PHYSICAL PRODUCT OTH ER THAN 19
224+REPORTS INCIDENTAL T O THE REQUIRED PERFO RMANCE. 20
232225
233- The Secretary OR THE CHIEF PROCUREMENT OFFICER shall provide a copy of
234-each award for supplies to the requisitioning unit.
226+ (2) “SERVICES” INCLUDES MAINTENANCE , 21
227+CONSTRUCTION –RELATED SERVICES , ARCHITECTURAL SERVICES , ENGINEERING 22
228+SERVICES, AND THE PROFESSIONAL , PERSONAL, OR CONTRACTUAL SERVI CES 23
229+PROVIDED BY ATTORNEY S, ACCOUNTANTS , PHYSICIANS, CONSULTANTS , AND OTHER 24
230+PROFESSIONALS WHO AR E INDEPENDENT CONTRA CTORS. 25
235231
236-4–310.
232+ [(c)] (D) “Supplies” means tangible property, including equipment and 26
233+materials. 27
237234
238- Except as otherwise specifically provided by law, each unit of the Executive Branch Ch. 528 2022 LAWS OF MARYLAND
235+4–302. 28
239236
240-– 6 –
241-of the State Government shall purchase all supplies AND SERVICES through or with the
242-approval of the Secretary OR THE CHIEF PROCUREMENT OFFICER.
237+ There is [a Purchasing Bureau] AN OFFICE OF STATE PROCUREMENT in the 29
238+Department. 30
239+ 6 SENATE BILL 461
243240
244-4–311.
245241
246- [An] EXCEPT AS OTHERWISE S PECIFICALLY PROVIDED BY LAW, AN invoice for
247-supplies purchased by the Secretary, BY THE CHIEF PROCUREMENT OFFICER, or by any
248-unit that procures supplies under Division II of this article may not be paid until the invoice
249-has been approved by the Secretary, THE CHIEF PROCUREMENT OFFICER, or a designee
250-of the Secretary OR THE CHIEF PROCUREMENT OFFICER.
242+4–303. 1
251243
252-4–312.
244+ The Secretary may delegate any power or duty set forth in Part I or Part II of this 2
245+subtitle to the Chief [of the Purchasing Bureau] PROCUREMENT OFFICER OF THE 3
246+OFFICE OF STATE PROCUREMENT . 4
253247
254- [Consistent] EXCEPT AS OTHERWISE S PECIFICALLY PROVIDED BY LAW AND
255-CONSISTENT with Division II of this article, the Secretary OR CHIEF PROCUREMENT
256-OFFICER shall set standards for supplies to be purchased by a unit, including standards
257-for electronic equipment used by State employees or the public for communications that are
258-consistent with the standards for nonvisual access information technology issued under §
259-3–410 of this article.
248+4–307. 5
260249
261-4–313.
250+ The Secretary OR THE CHIEF PROCUREMENT OFFICER shall provide a copy of 6
251+each award for supplies to the requisitioning unit. 7
262252
263- Consistent with Division II of this article, the Secretary OR THE CHIEF
264-PROCUREMENT OFFICER shall contract for or purchase any supplies OR SERVICES for a
265-unit except:
253+4–310. 8
266254
267- (1) an item that the Secretary OR CHIEF PROCUREMENT OFFICER:
255+ Except as otherwise specifically provided by law, each unit of the Executive Branch 9
256+of the State Government shall purchase all supplies AND SERVICES through or with the 10
257+approval of the Secretary OR THE CHIEF PROCUREMENT OFFICER. 11
268258
269- [(1)] (I) determines is strictly perishable;
259+4–311. 12
270260
271- [(2)] (II) determines is impracticable for the unit to purchase through or
272-with the approval of the Secretary OR CHIEF PROCUREMENT OFFICER; or
261+ [An] EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY LAW , AN invoice for 13
262+supplies purchased by the Secretary, BY THE CHIEF PROCUREMENT OFFICER, or by any 14
263+unit that procures supplies under Division II of this article may not be paid until the invoice 15
264+has been approved by the Secretary, THE CHIEF PROCUREMENT OFFICER, or a designee 16
265+of the Secretary OR THE CHIEF PROCUREMENT OFFICER. 17
273266
274- [(3)] (III) permits the unit to purchase with the approval of the Secretary
275-OR CHIEF PROCUREMENT OFFICER; OR
267+4–312. 18
276268
277- (2) SUPPLIES OR SERVICES AUT HORIZED BY STATUTE T O BE
278-PROCURED BY ANOTHER PRIMARY PROCUREMENT UNIT OR DELEGATED TO
279-ANOTHER UNIT .
269+ [Consistent] EXCEPT AS OTHERWISE S PECIFICALLY PROVIDED BY LAW AND 19
270+CONSISTENT with Division II of this article, the Secretary OR CHIEF PROCUREMENT 20
271+OFFICER shall set standards for supplies to be purchased by a unit, including standards 21
272+for electronic equipment used by State employees or the public for communications that are 22
273+consistent with the standards for nonvisual access information technology issued under § 23
274+3–410 of this article. 24
280275
281-4–315.
276+4–313. 25
282277
283- (a) An employee of a unit that procures supplies under Division II of this article
284-whose salary and expenses are paid from the fees of the employee’s office may not pay any LAWRENCE J. HOGAN, JR., Governor Ch. 528
278+ Consistent with Division II of this article, the Secretary OR THE CHIEF 26
279+PROCUREMENT OFFICER shall contract for or purchase any supplies OR SERVICES for a 27
280+unit except: 28
285281
286-– 7 –
287-contractor or seller for any article of any kind acquired for the unit unless the invoice
288-approved by the employee is also approved by the Secretary OR CHIEF PROCUREMENT
289-OFFICER or a designee of the Secretary OR CHIEF PROCUREMENT OFFICER.
282+ (1) an item that the Secretary OR CHIEF PROCUREMENT OFFICER: 29
290283
291- (b) The Governor may remove an employee for any violation of the provisions of
292-this section.
284+ [(1)] (I) determines is strictly perishable; 30
293285
294-4–316.
286+ [(2)] (II) determines is impracticable for the unit to purchase through or 31 SENATE BILL 461 7
295287
296- (a) Subject to the initial approval of the Secretary OR CHIEF PROCUREMENT
297-OFFICER, the appropriate purchasing unit for the following entities may use the services
298-of the Department to purchase SERVICES, materials, supplies, and equipment:
299288
300- (1) a county;
289+with the approval of the Secretary OR CHIEF PROCUREMENT OFFICER; or 1
301290
302- (2) a municipality;
291+ [(3)] (III) permits the unit to purchase with the approval of the Secretary 2
292+OR CHIEF PROCUREMENT OFFICER; OR 3
303293
304- (3) a governmental unit in the State;
294+ (2) SUPPLIES OR SERVICES AUTHORIZED BY STATUT E TO BE 4
295+PROCURED BY ANOTHER PRIMARY PROCUREMENT UNIT OR DELEGATED TO 5
296+ANOTHER UNIT . 6
305297
306- (4) a public or quasi–public agency that:
298+4–315. 7
307299
308- (i) receives State money; and
300+ (a) An employee of a unit that procures supplies under Division II of this article 8
301+whose salary and expenses are paid from the fees of the employee’s office may not pay any 9
302+contractor or seller for any article of any kind acquired for the unit unless the invoice 10
303+approved by the employee is also approved by the Secretary OR CHIEF PROCUREMENT 11
304+OFFICER or a designee of the Secretary OR CHIEF PROCUREMENT OFFICER. 12
309305
310- (ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue
311-Code;
306+ (b) The Governor may remove an employee for any violation of the provisions of 13
307+this section. 14
312308
313- (5) a private elementary or secondary school that:
309+4–316. 15
314310
315- (i) either has been issued a certificate of approval from the State
316-Board of Education or is accredited by the Association of Independent Schools; and
311+ (a) Subject to the initial approval of the Secretary OR CHIEF PROCUREMENT 16
312+OFFICER, the appropriate purchasing unit for the following entities may use the services 17
313+of the Department to purchase SERVICES, materials, supplies, and equipment: 18
317314
318- (ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue
319-Code; or
315+ (1) a county; 19
320316
321- (6) a nonpublic institution of higher education as provided under § 17–106
322-of the Education Article.
317+ (2) a municipality; 20
323318
324- (b) Notwithstanding subsection (a)(5) and (6) of this section, the Department may
325-not purchase religious materials on behalf of a private elementary or secondary school or a
326-nonpublic institution of higher education.
319+ (3) a governmental unit in the State; 21
327320
328- (c) The purchasing authority under this section is in addition to, and not a
329-substitution for, the purchasing power of an entity under another law.
321+ (4) a public or quasi–public agency that: 22
330322
331-13–101.
332- Ch. 528 2022 LAWS OF MARYLAND
323+ (i) receives State money; and 23
333324
334-– 8 –
335- (a) In this subtitle the following words have the meanings indicated.
325+ (ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue 24
326+Code; 25
336327
337- (b) “Designated procurement unit” means:
328+ (5) a private elementary or secondary school that: 26
338329
339- (1) [the Department of Budget and Management;
330+ (i) either has been issued a certificate of approval from the State 27
331+Board of Education or is accredited by the Association of Independent Schools; and 28
340332
341- (2)] the Department of General Services;
333+ (ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue 29
334+Code; or 30 8 SENATE BILL 461
342335
343- [(3) the Department of Information Technology; or]
344336
345- [(4)] (2) the Department of Transportation; OR
346337
347- (3) THE DEPARTMENT OF INFORMATION TECHNOLOGY , ONLY WITH
348-RESPECT TO AN INFORM ATION TECHNOLOGY MASTER CO NTRACT EXECUTED
349-BEFORE JULY 1, 2022, UNTIL THE EARLIER OF :
338+ (6) a nonpublic institution of higher education as provided under § 17–106 1
339+of the Education Article. 2
350340
351- (I) THE EXPIRATION DATE OF ALL INFORMATION T ECHNOLOGY
352-MASTER CONTRACTS ; OR
341+ (b) Notwithstanding subsection (a)(5) and (6) of this section, the Department may 3
342+not purchase religious materials on behalf of a private elementary or secondary school or a 4
343+nonpublic institution of higher education. 5
353344
354- (II) JUNE 30, 2027.
345+ (c) The purchasing authority under this section is in addition to, and not a 6
346+substitution for, the purchasing power of an entity under another law. 7
355347
356- (c) “eMaryland Marketplace” OR “EMARYLAND MARKETPLACE ADVANTAGE”
357-means the Internet–based procurement system managed by the Department of General
358-Services.
348+13–101. 8
359349
360- (d) “Evaluated bid price” means the price of a bid after adjustment in accordance
361-with objective measurable criteria.
350+ (a) In this subtitle the following words have the meanings indicated. 9
362351
363- (e) “Master contracting” means a streamlined procurement method that provides
364-for the qualification of bidders and offerors for the procurement of services, supplies, or
365-commodities.
352+ (b) “Designated procurement unit” means: 10
366353
367- (f) (1) “Objective measurable criteria” means standards that enable the State
368-to compare the economy, effectiveness, or value of the subject of the bids.
354+ (1) [the Department of Budget and Management; 11
369355
370- (2) “Objective measurable criteria” includes standards of reliability,
371-operational costs, maintainability, useful life, and residual value.
356+ (2)] the Department of General Services; 12
372357
373- (g) “Person” includes, unless the context requires otherwise:
358+ [(3) the Department of Information Technology; or] 13
374359
375- (1) the State;
360+ [(4)] (2) the Department of Transportation; OR 14
376361
377- (2) a county, a municipal corporation, or any other political subdivision;
362+ (3) THE DEPARTMENT OF INFORMATION TECHNOLOGY , ONLY WITH 15
363+RESPECT TO AN INFORM ATION TECHNOLOGY MAS TER CONTRACT EXECUTE D 16
364+BEFORE JULY 1, 2022, UNTIL THE EARLIER OF : 17
378365
379- (3) any unit of the State government or a political subdivision. LAWRENCE J. HOGAN, JR., Governor Ch. 528
366+ (I) THE EXPIRATION DATE OF ALL INFORMATION T ECHNOLOGY 18
367+MASTER CONTRACTS ; OR 19
380368
381-– 9 –
369+ (II) JUNE 30, 2027. 20
382370
383- (h) “Task order” means a procurement process in which only those vendors with
384-master contracts may compete to provide the services, supplies, or commodities under the
385-procurement.
371+ (c) “eMaryland Marketplace” OR “EMARYLAND MARKETPLACE ADVANTAGE” 21
372+means the Internet–based procurement system managed by the Department of General 22
373+Services. 23
386374
387-13–102.1.
375+ (d) “Evaluated bid price” means the price of a bid after adjustment in accordance 24
376+with objective measurable criteria. 25
388377
389- (a) A unit may not charge a fee to access eMaryland Marketplace.
378+ (e) “Master contracting” means a streamlined procurement method that provides 26
379+for the qualification of bidders and offerors for the procurement of services, supplies, or 27
380+commodities. 28
390381
391- (b) (1) Subject to approval by the Board of Public Works, the Chief
392-Procurement Officer may establish fees for the use of eMaryland Marketplace by an entity
393-that publishes a notice of a procurement, conducts a procurement, or publishes a notice of
394-award.
382+ (f) (1) “Objective measurable criteria” means standards that enable the State 29 SENATE BILL 461 9
395383
396- (2) The Chief Procurement Officer may not charge a unit, as defined in §
397-11–101(y) of this article, a fee under this subsection.
398384
399- (C) SUBJECT TO APPROVAL B Y THE BOARD OF PUBLIC WORKS, THE CHIEF
400-PROCUREMENT OFFICER, IN CONSULTATION WITH THE DEPARTMENT OF BUDGET
401-AND MANAGEMENT , MAY ESTABLISH FEES F OR:
385+to compare the economy, effectiveness, or value of the subject of the bids. 1
402386
403- (1) TRAINING;
387+ (2) “Objective measurable criteria” includes standards of reliability, 2
388+operational costs, maintainability, useful life, and residual value. 3
404389
405- (2) STRATEGIC SOURCING ; AND
390+ (g) “Person” includes, unless the context requires otherwise: 4
406391
407- (3) ADMINISTRATIVE COSTS .
392+ (1) the State; 5
408393
409- [(c)] (D) (1) There is an [Electronic Transaction] OPERATIONS REVENUE
410-Fund in the Department of General Services.
394+ (2) a county, a municipal corporation, or any other political subdivision; 6
411395
412- (2) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
413-this article.
396+ (3) any unit of the State government or a political subdivision. 7
414397
415- (3) The State Treasurer shall hold the Fund separately, and the
416-Comptroller shall account for the Fund.
398+ (h) “Task order” means a procurement process in which only those vendors with 8
399+master contracts may compete to provide the services, supplies, or commodities under the 9
400+procurement. 10
417401
418- (4) The Fund consists of any fees imposed and collected under [paragraph]
419-SUBSECTION (b)(1) OR (C) of this [subsection] SECTION and § 13–226(c) of this title.
402+13–102.1. 11
420403
421- (5) The Fund shall be used by the Department of General Services to cover
422-the actual documented direct and indirect [costs of administering contracts through the use
423-of electronic transactions] OPERATING EXPENSES O F THE OFFICE OF STATE
424-PROCUREMENT .
404+ (a) A unit may not charge a fee to access eMaryland Marketplace. 12
425405
426-13–111. Ch. 528 2022 LAWS OF MARYLAND
406+ (b) (1) Subject to approval by the Board of Public Works, the Chief 13
407+Procurement Officer may establish fees for the use of eMaryland Marketplace by an entity 14
408+that publishes a notice of a procurement, conducts a procurement, or publishes a notice of 15
409+award. 16
427410
428-– 10 –
411+ (2) The Chief Procurement Officer may not charge a unit, as defined in § 17
412+11–101(y) of this article, a fee under this subsection. 18
429413
430- (a) This section applies to the procurement of supplies[, with an estimated
431-contract value of $1,000,000 or more,] AND SERVICES by a primary procurement unit.
414+ (C) SUBJECT TO APPROVAL B Y THE BOARD OF PUBLIC WORKS, THE CHIEF 19
415+PROCUREMENT OFFICER, IN CONSULTATION WIT H THE DEPARTMENT OF BUDGET 20
416+AND MANAGEMENT , MAY ESTABLISH FEES F OR: 21
432417
433- (b) (1) Whenever the head of a primary procurement unit or designee
434-determines that it is in the best interest of the State for a procurement contract to be based
435-on auction bids, a procurement officer shall seek bids by issuing an invitation for auction
436-bids.
418+ (1) TRAINING; 22
437419
438- (2) Subject to subsection (c) of this section, an invitation for auction bids
439-shall include:
420+ (2) STRATEGIC SOURCING ; AND 23
440421
441- (i) the specifications of the procurement contract;
422+ (3) ADMINISTRATIVE COSTS . 24
442423
443- (ii) whether the procurement contract will be awarded based on the
444-lowest bid price or the lowest evaluated bid price;
424+ [(c)] (D) (1) There is an [Electronic Transaction] OPERATIONS REVENUE 25
425+Fund in the Department of General Services. 26
445426
446- (iii) if the procurement contract will be based on evaluated bid price,
447-the objective measurable criteria by which the lowest evaluated bid price will be
448-determined;
427+ (2) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 27
428+this article. 28
449429
450- (iv) the small business preference, if designated under § 13–103 of
451-this subtitle; and
430+ (3) The State Treasurer shall hold the Fund separately, and the 29 10 SENATE BILL 461
452431
453- (v) the date and time when bidding will commence and the date and
454-time when bidding will end or the event upon which bidding will end.
455432
456- (c) (1) In the discretion of the procurement officer, the invitation for auction
457-bids may:
433+Comptroller shall account for the Fund. 1
458434
459- (i) include a request for unpriced technical offers or samples;
435+ (4) The Fund consists of any fees imposed and collected under [paragraph] 2
436+SUBSECTION (b)(1) OR (C) of this [subsection] SECTION and § 13–226(c) of this title. 3
460437
461- (ii) direct bidders to submit price bids after the unit evaluates the
462-technical offers or samples and finds they are acceptable under the criteria set forth in the
463-invitation for auction bids; and
438+ (5) The Fund shall be used by the Department of General Services to cover 4
439+the actual documented direct and indirect [costs of administering contracts through the use 5
440+of electronic transactions] OPERATING EXPENSES O F THE OFFICE OF STATE 6
441+PROCUREMENT . 7
464442
465- (iii) inform all bidders who submitted technical offers or samples of
466-the identity of each bidder who submitted an acceptable technical offer or sample.
443+13–111. 8
467444
468- (2) Price bids may not be received until after the unit has completed
469-evaluation of the technical offers or samples.
445+ (a) This section applies to the procurement of supplies[, with an estimated 9
446+contract value of $1,000,000 or more,] AND SERVICES by a primary procurement unit. 10
470447
471- (3) A price bid may not be received at any time if the bid is submitted by a
472-bidder whose technical offer or sample has been evaluated as unacceptable to the unit.
448+ (b) (1) Whenever the head of a primary procurement unit or designee 11
449+determines that it is in the best interest of the State for a procurement contract to be based 12
450+on auction bids, a procurement officer shall seek bids by issuing an invitation for auction 13
451+bids. 14
473452
474- (d) A unit shall give public notice of an invitation for auction bids in the same LAWRENCE J. HOGAN, JR., Governor Ch. 528
453+ (2) Subject to subsection (c) of this section, an invitation for auction bids 15
454+shall include: 16
475455
476-– 11 –
477-manner as required for an invitation for bids.
456+ (i) the specifications of the procurement contract; 17
478457
479- (e) (1) (i) Multiple price bids are permitted in response to an invitation for
480-auction bids.
458+ (ii) whether the procurement contract will be awarded based on the 18
459+lowest bid price or the lowest evaluated bid price; 19
481460
482- (ii) When a bidder submits multiple bids, each bid shall be judged
483-independently and shall not revoke previous bids of that bidder.
461+ (iii) if the procurement contract will be based on evaluated bid price, 20
462+the objective measurable criteria by which the lowest evaluated bid price will be 21
463+determined; 22
484464
485- (2) A procurement officer shall:
465+ (iv) the small business preference, if designated under § 13–103 of 23
466+this subtitle; and 24
486467
487- (i) receive bids in public at the time and place designated in the
488-invitation for auction bids; and
468+ (v) the date and time when bidding will commence and the date and 25
469+time when bidding will end or the event upon which bidding will end. 26
489470
490- (ii) record [and post] the amount of each bid at the time it is received.
471+ (c) (1) In the discretion of the procurement officer, the invitation for auction 27
472+bids may: 28
491473
492- (3) (i) The amount of a price bid shall be available for public inspection
493-from the time it is received.
474+ (i) include a request for unpriced technical offers or samples; 29
494475
495- (ii) The identity of the bidder submitting a price bid shall not be
496-available for public inspection until bidding has ended.
476+ (ii) direct bidders to submit price bids after the unit evaluates the 30
477+technical offers or samples and finds they are acceptable under the criteria set forth in the 31
478+invitation for auction bids; and 32 SENATE BILL 461 11
497479
498- (4) Except as provided in paragraph (5) of this subsection, a bid is
499-irrevocable, after receipt, for the period specified in the invitation for auction bids.
500480
501- (5) A procurement officer may allow a bidder to correct or withdraw a bid
502-if correction or withdrawal is:
503481
504- (i) allowed under regulations adopted under this Division II
505-applicable to an invitation for bids; and
482+ (iii) inform all bidders who submitted technical offers or samples of 1
483+the identity of each bidder who submitted an acceptable technical offer or sample. 2
506484
507- (ii) approved in writing by the Office of the Attorney General.
485+ (2) Price bids may not be received until after the unit has completed 3
486+evaluation of the technical offers or samples. 4
508487
509- (f) (1) After obtaining any approval required by law, the procurement officer
510-shall award the procurement contract to the responsible bidder who submits the responsive
511-bid that:
488+ (3) A price bid may not be received at any time if the bid is submitted by a 5
489+bidder whose technical offer or sample has been evaluated as unacceptable to the unit. 6
512490
513- (i) is the lowest bid price; or
491+ (d) A unit shall give public notice of an invitation for auction bids in the same 7
492+manner as required for an invitation for bids. 8
514493
515- (ii) if the invitation for auction bids so provides, is the lowest
516-evaluated bid price.
494+ (e) (1) (i) Multiple price bids are permitted in response to an invitation for 9
495+auction bids. 10
517496
518- (2) If, after bids have been received, a procurement officer determines that
519-only one responsible bidder has submitted a responsive bid, the unit may negotiate the
520-procurement contract with that one bidder under the procedure for sole source
521-procurement.
522- Ch. 528 2022 LAWS OF MARYLAND
497+ (ii) When a bidder submits multiple bids, each bid shall be judged 11
498+independently and shall not revoke previous bids of that bidder. 12
523499
524-– 12 –
525- (3) (i) After bids have been received, a procurement officer may award
526-a procurement contract on the basis of revised bids if:
500+ (2) A procurement officer shall: 13
527501
528- 1. all bids are rejected under § 13–206(b) of this title;
502+ (i) receive bids in public at the time and place designated in the 14
503+invitation for auction bids; and 15
529504
530- 2. all bid prices exceed the funds available for the
531-procurement; or
505+ (ii) record [and post] the amount of each bid at the time it is received. 16
532506
533- 3. with the approval of the head of a primary procurement
534-unit or a designee, the procurement officer determines that all bids are unreasonable as to
535-at least one requirement and delay that would result from issuing a new invitation for
536-auction bids with revised specifications or quantities would be fiscally disadvantageous or
537-otherwise not in the best interests of the State.
507+ (3) (i) The amount of a price bid shall be available for public inspection 17
508+from the time it is received. 18
538509
539- (ii) If there is more than one bidder, discussion about revised
540-specifications or quantities shall be conducted with all responsible bidders who submitted
541-responsive bids. The bidders shall be treated fairly and equally with respect to any
542-discussions.
510+ (ii) The identity of the bidder submitting a price bid shall not be 19
511+available for public inspection until bidding has ended. 20
543512
544- (iii) If one of the conditions set forth under subparagraph (i) of this
545-paragraph exists, as promptly as possible, the procurement officer shall:
513+ (4) Except as provided in paragraph (5) of this subsection, a bid is 21
514+irrevocable, after receipt, for the period specified in the invitation for auction bids. 22
546515
547- 1. issue an invitation for revised auction bids, which shall
548-state whether the award will be made without competitive negotiations; and
516+ (5) A procurement officer may allow a bidder to correct or withdraw a bid 23
517+if correction or withdrawal is: 24
549518
550- 2. requires a prompt response to that invitation.
519+ (i) allowed under regulations adopted under this Division II 25
520+applicable to an invitation for bids; and 26
551521
552- (iv) An invitation for revised auction bids is not subject to the notice
553-requirements in subsection (d) of this section.
522+ (ii) approved in writing by the Office of the Attorney General. 27
554523
555- (v) After revised bids have been submitted, negotiations with
556-bidders may not be conducted unless the procurement officer determines that there is a
557-compelling reason to negotiate.
524+ (f) (1) After obtaining any approval required by law, the procurement officer 28
525+shall award the procurement contract to the responsible bidder who submits the responsive 29
526+bid that: 30
527+ 12 SENATE BILL 461
558528
559- (vi) After revised bids have been received and any approval required
560-by law has been obtained, the procurement officer shall award the procurement contract to
561-the responsible bidder who submits a responsive bid that:
562529
563- 1. is the lowest bid price; or
530+ (i) is the lowest bid price; or 1
564531
565- 2. if the invitation for revised bids so provides, is the lowest
566-evaluated bid price.
532+ (ii) if the invitation for auction bids so provides, is the lowest 2
533+evaluated bid price. 3
567534
568- (g) Not more than 30 days after the execution and approval of a procurement
569-contract awarded under this section, a unit shall publish notice of the award in eMaryland
570-Marketplace. LAWRENCE J. HOGAN, JR., Governor Ch. 528
535+ (2) If, after bids have been received, a procurement officer determines that 4
536+only one responsible bidder has submitted a responsive bid, the unit may negotiate the 5
537+procurement contract with that one bidder under the procedure for sole source 6
538+procurement. 7
571539
572-– 13 –
540+ (3) (i) After bids have been received, a procurement officer may award 8
541+a procurement contract on the basis of revised bids if: 9
573542
574-13–226.
543+ 1. all bids are rejected under § 13–206(b) of this title; 10
575544
576- (a) Unless otherwise prohibited by law, a primary procurement unit may conduct
577-procurement, including the solicitation[, bidding] OF BIDS OR PROPOSALS ,
578-EVALUATION , award, execution, and administration of a contract, by electronic means as
579-provided in the Uniform Electronic Transactions Act in Title 21 of the Commercial Law
580-Article.
545+ 2. all bid prices exceed the funds available for the 11
546+procurement; or 12
581547
582- (b) Bidding OR SUBMITTING A PROP OSAL on a procurement contract by
583-electronic means shall constitute consent by the bidder OR PROPOSER to conduct by
584-electronic means all elements of the procurement of that contract which the unit agrees to
585-conduct by electronic means.
548+ 3. with the approval of the head of a primary procurement 13
549+unit or a designee, the procurement officer determines that all bids are unreasonable as to 14
550+at least one requirement and delay that would result from issuing a new invitation for 15
551+auction bids with revised specifications or quantities would be fiscally disadvantageous or 16
552+otherwise not in the best interests of the State. 17
586553
587- (c) (1) (i) Except as provided in paragraph (2) of the subsection, a unit
588-utilizing electronic means to conduct procurement or a private contractor furnishing to the
589-State electronic means for conducting procurement may charge a reasonable fee, [as
590-determined in consultation with] ON APPROVAL BY the Chief Procurement Officer, to the
591-bidder, PROPOSER, OR EACH CONTRACT AWA RDEE for the use of the electronic means.
554+ (ii) If there is more than one bidder, discussion about revised 18
555+specifications or quantities shall be conducted with all responsible bidders who submitted 19
556+responsive bids. The bidders shall be treated fairly and equally with respect to any 20
557+discussions. 21
592558
593- (ii) Any fees collected under subparagraph (i) of this paragraph shall
594-be deposited in the [Electronic Transaction] OPERATIONS REVENUE Fund established
595-under § 13–102.1(c) of this subtitle.
559+ (iii) If one of the conditions set forth under subparagraph (i) of this 22
560+paragraph exists, as promptly as possible, the procurement officer shall: 23
596561
597- (2) Unless approved by the Board of Public Works, a fee may not be charged
598-under this subsection.
562+ 1. issue an invitation for revised auction bids, which shall 24
563+state whether the award will be made without competitive negotiations; and 25
599564
600- (d) The terms and conditions of a procurement conducted under this section shall
601-comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law
602-Article.
565+ 2. requires a prompt response to that invitation. 26
603566
604-14–102.
567+ (iv) An invitation for revised auction bids is not subject to the notice 27
568+requirements in subsection (d) of this section. 28
605569
606- (a) Notwithstanding any other provision of this Division II, a State or State aided
607-or controlled entity shall buy supplies and services in accordance with § 14–103 of this
608-subtitle.
570+ (v) After revised bids have been submitted, negotiations with 29
571+bidders may not be conducted unless the procurement officer determines that there is a 30
572+compelling reason to negotiate. 31
609573
610- (b) The procurement of services from [a sheltered workshop] THE EMPLOYMENT
611-WORKS PROGRAM OR AN EMPLOYMENT WORKS PROGRAM VENDOR is not subject to
612-the cost savings requirements of § 13–405 of the State Personnel and Pensions Article.
574+ (vi) After revised bids have been received and any approval required 32
575+by law has been obtained, the procurement officer shall award the procurement contract to 33
576+the responsible bidder who submits a responsive bid that: 34 SENATE BILL 461 13
613577
614-14–106.
615578
616- (a) In this section, “Committee” means the Pricing and Selection Committee for
617-[Blind Industries and Services of Maryland and the Employment Works Program] Ch. 528 2022 LAWS OF MARYLAND
618579
619-– 14 –
620-PREFERRED PROVIDERS.
580+ 1. is the lowest bid price; or 1
621581
622- (b) There is a Pricing and Selection Committee for [Blind Industries and Services
623-of Maryland and the Employment Works Program] PREFERRED PROVIDERS.
582+ 2. if the invitation for revised bids so provides, is the lowest 2
583+evaluated bid price. 3
624584
625- (c) The Committee consists of the following 5 members:
585+ (g) Not more than 30 days after the execution and approval of a procurement 4
586+contract awarded under this section, a unit shall publish notice of the award in eMaryland 5
587+Marketplace. 6
626588
627- (1) the Secretary of Transportation or a designee;
589+13–226. 7
628590
629- (2) the Secretary of General Services or a designee;
591+ (a) Unless otherwise prohibited by law, a primary procurement unit may conduct 8
592+procurement, including the solicitation[, bidding] OF BIDS OR PROPOSALS, 9
593+EVALUATION , award, execution, and administration of a contract, by electronic means as 10
594+provided in the Uniform Electronic Transactions Act in Title 21 of the Commercial Law 11
595+Article. 12
630596
631- (3) the Secretary of Public Safety and Correctional Services or a designee;
597+ (b) Bidding OR SUBMITTING A PROP OSAL on a procurement contract by 13
598+electronic means shall constitute consent by the bidder OR PROPOSER to conduct by 14
599+electronic means all elements of the procurement of that contract which the unit agrees to 15
600+conduct by electronic means. 16
632601
633- (4) the Assistant Secretary for Vocational Rehabilitation within the State
634-Department of Education or a designee; and
602+ (c) (1) (i) Except as provided in paragraph (2) of the subsection, a unit 17
603+utilizing electronic means to conduct procurement or a private contractor furnishing to the 18
604+State electronic means for conducting procurement may charge a reasonable fee, [as 19
605+determined in consultation with] ON APPROVAL BY the Chief Procurement Officer, to the 20
606+bidder, PROPOSER, OR EACH CONTRACT AWA RDEE for the use of the electronic means. 21
635607
636- (5) the Secretary of Labor or a designee.
608+ (ii) Any fees collected under subparagraph (i) of this paragraph shall 22
609+be deposited in the [Electronic Transaction] OPERATIONS REVENUE Fund established 23
610+under § 13–102.1(c) of this subtitle. 24
637611
638- (d) A member of the Committee:
612+ (2) Unless approved by the Board of Public Works, a fee may not be charged 25
613+under this subsection. 26
639614
640- (1) may not receive compensation; but
615+ (d) The terms and conditions of a procurement conducted under this section shall 27
616+comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law 28
617+Article. 29
641618
642- (2) is entitled to reimbursement for expenses under the Standard State
643-Travel Regulations as provided in the State budget.
619+14–102. 30
644620
645- (e) (1) Blind Industries and Services of Maryland shall provide staff for the
646-Committee.
621+ (a) Notwithstanding any other provision of this Division II, a State or State aided 31
622+or controlled entity shall buy supplies and services in accordance with § 14–103 of this 32
623+subtitle. 33
624+ 14 SENATE BILL 461
647625
648- (2) The staff provided in accordance with paragraph (1) of this subsection
649-shall:
650626
651- (i) be a blind or a visually impaired associate of Blind Industries
652-and Services of Maryland; and
627+ (b) The procurement of services from [a sheltered workshop] THE EMPLOYMENT 1
628+WORKS PROGRAM OR AN EMPLOYMENT WORKS PROGRAM VENDOR is not subject to 2
629+the cost savings requirements of § 13–405 of the State Personnel and Pensions Article. 3
653630
654- (ii) complete work related to the duties of the Committee regarding
655-Blind Industries and Services of Maryland under the supervision and direction of the
656-Committee.
631+14–106. 4
657632
658- (f) The Committee shall:
633+ (a) In this section, “Committee” means the Pricing and Selection Committee for 5
634+[Blind Industries and Services of Maryland and the Employment Works Program ] 6
635+PREFERRED PROVIDERS. 7
659636
660- (1) ensure that supplies and services provided by Blind Industries and
661-Services of Maryland or [a] AN EMPLOYMENT WORKS PROGRAM community service
662-provider create work opportunities for individuals who have a mental or physical disability,
663-including blindness, for which Blind Industries and Services of Maryland or the
664-EMPLOYMENT WORKS PROGRAM community service provider was established to assist; LAWRENCE J. HOGAN, JR., Governor Ch. 528
637+ (b) There is a Pricing and Selection Committee for [Blind Industries and Services 8
638+of Maryland and the Employment Works Program] PREFERRED PROVIDERS. 9
665639
666-– 15 –
640+ (c) The Committee consists of the following 5 members: 10
667641
668- (2) set the prices of supplies and services that Blind Industries and
669-Services of Maryland provides to reflect the fair market prices for the supplies and services;
642+ (1) the Secretary of Transportation or a designee; 11
670643
671- (3) REVIEW AND VERIFY TH E PREVAILING AVERAGE MARKET PRICES ,
672-AS PROPOSED BY MARYLAND CORRECTIONAL ENTERPRISES:
644+ (2) the Secretary of General Services or a designee; 12
673645
674- (I) WHEN CHANGES ARE MAD E TO THE PRICING OF EXISTING
675-SUPPLIES AND SERVICE S THAT ARE AVAILABLE FROM MARYLAND CORRECTIONAL
676-ENTERPRISES; AND
646+ (3) the Secretary of Public Safety and Correctional Services or a designee; 13
677647
678- (II) FOR NEW SUPPLIES OR SERVICES THAT MARYLAND
679-CORRECTIONAL ENTERPRISES INTENDS T O MAKE AVAILABLE ;
648+ (4) the Assistant Secretary for Vocational Rehabilitation within the State 14
649+Department of Education or a designee; and 15
680650
681- [(3)] (4) establish procedures to govern procurement of supplies [and],
682-services, AND OTHER SALES from EMPLOYMENT WORKS PROGRAM community service
683-providers and individual with disability owned businesses;
651+ (5) the Secretary of Labor or a designee. 16
684652
685- [(4)] (5) from the State procurement list, choose appropriate supplies
686-[and], services, AND OTHER SALES for EMPLOYMENT WORKS PROGRAM community
687-service providers and individual with disability owned businesses to offer for procurement;
653+ (d) A member of the Committee: 17
688654
689- [(5)] (6) provide that the State procure those supplies [and], services,
690-AND OTHER SALES from [a] AN EMPLOYMENT WORKS PROGRAM community service
691-provider or an individual with disability owned business;
655+ (1) may not receive compensation; but 18
692656
693- [(6)] (7) if supplies [or], services, OR OTHER SALES are not available for
694-procurement from a unit of the State GOVERNMENT , determine whether supplies [or],
695-services, OR OTHER SALES are available from [a] AN EMPLOYMENT WORKS PROGRAM
696-community service provider or an individual with disability owned business;
657+ (2) is entitled to reimbursement for expenses under the Standard State 19
658+Travel Regulations as provided in the State budget. 20
697659
698- [(7)] (8) determine the fair market price of supplies [and], services, AND
699-OTHER SALES that EMPLOYMENT WORKS PROGRAM community service providers and
700-individual with disability owned businesses provide;
660+ (e) (1) Blind Industries and Services of Maryland shall provide staff for the 21
661+Committee. 22
701662
702- [(8)] (9) in accordance with market conditions, adjust prices for the
703-supplies [and], services, AND OTHER SALES that EMPLOYMENT WORKS PROGRAM
704-community service providers and individual with disability owned businesses provide; and
663+ (2) The staff provided in accordance with paragraph (1) of this subsection 23
664+shall: 24
705665
706- [(9)] (10) at the request of a community service provider or an individual
707-with disability owned business, review and, if appropriate, change the price of a supply or
708-service.
666+ (i) be a blind or a visually impaired associate of Blind Industries 25
667+and Services of Maryland; and 26
709668
710- (g) In addition to the duties specified under subsection (f) of this section, the Ch. 528 2022 LAWS OF MARYLAND
669+ (ii) complete work related to the duties of the Committee regarding 27
670+Blind Industries and Services of Maryland under the supervision and direction of the 28
671+Committee. 29
672+ SENATE BILL 461 15
711673
712-– 16 –
713-committee shall:
714674
715- (1) establish and periodically review eligibility policies or guidelines for
716-participating community service providers and individual with disability owned
717-businesses;
675+ (f) The Committee shall: 1
718676
719- (2) maintain a current list of community service providers and individual
720-with disability owned businesses;
677+ (1) ensure that supplies and services provided by Blind Industries and 2
678+Services of Maryland or [a] AN EMPLOYMENT WORKS PROGRAM community service 3
679+provider create work opportunities for individuals who have a mental or physical disability, 4
680+including blindness, for which Blind Industries and Services of Maryland or the 5
681+EMPLOYMENT WORKS PROGRAM community service provider was established to assist; 6
721682
722- (3) periodically review and revise its list of community service providers
723-and individual with disability owned businesses; and
683+ (2) set the prices of supplies and services that Blind Industries and 7
684+Services of Maryland provides to reflect the fair market prices for the supplies and services; 8
724685
725- (4) send any revised list to the [Secretary of General Services] CHIEF
726-PROCUREMENT OFFICER who shall make the list available to each person responsible
727-for buying supplies or services for the State or a State aided or controlled entity.
686+ (3) REVIEW AND VERIFY TH E PREVAILING AVERAGE MARKET PRICES , 9
687+AS PROPOSED BY MARYLAND CORRECTIONAL ENTERPRISES: 10
728688
729-14–107.
689+ (I) WHEN CHANGES ARE MAD E TO THE PRICING OF EXISTING 11
690+SUPPLIES AND SERVICE S THAT ARE AVAILABLE FROM MARYLAND CORRECTIONAL 12
691+ENTERPRISES; AND 13
730692
731- The Pricing and Selection Committee for [Blind Industries and Services of Maryland
732-and the Employment Works Program] PREFERRED PROVIDERS shall:
693+ (II) FOR NEW SUPPLIES OR SERVICES THAT MARYLAND 14
694+CORRECTIONAL ENTERPRISES INTENDS T O MAKE AVAILABLE ; 15
733695
734- (1) (i) maintain a current list of supplies and services that Blind
735-Industries and Services of Maryland provides; [and]
696+ [(3)] (4) establish procedures to govern procurement of supplies [and], 16
697+services, AND OTHER SALES from EMPLOYMENT WORKS PROGRAM community service 17
698+providers and individual with disability owned businesses; 18
736699
737- (ii) maintain a current list of supplies [and], services, AND OTHER
738-SALES that community service providers and individual with disability owned businesses
739-provide; AND
700+ [(4)] (5) from the State procurement list, choose appropriate supplies 19
701+[and], services, AND OTHER SALES for EMPLOYMENT WORKS PROGRAM community 20
702+service providers and individual with disability owned businesses to offer for procurement; 21
740703
741- (III) MAINTAIN A CURRENT L IST OF SUPPLIES AND SERVICES
742-THAT MARYLAND CORRECTIONAL ENTERPRISES PROVIDES ;
704+ [(5)] (6) provide that the State procure those supplies [and], services, 22
705+AND OTHER SALES from [a] AN EMPLOYMENT WORKS PROGRAM community service 23
706+provider or an individual with disability owned business; 24
743707
744- (2) periodically review and revise the lists of supplies [and], services, AND
745-OTHER SALES maintained in accordance with item (1) of this section; and
708+ [(6)] (7) if supplies [or], services, OR OTHER SALES are not available for 25
709+procurement from a unit of the State GOVERNMENT , determine whether supplies [or], 26
710+services, OR OTHER SALES are available from [a] AN EMPLOYMENT WORKS PROGRAM 27
711+community service provider or an individual with disability owned business; 28
746712
747- (3) send the lists, and any revised lists, to the [Secretary of General
748-Services] CHIEF PROCUREMENT OFFICER who shall make the lists available to each
749-person responsible for buying supplies [or], services, OR OTHER SALES for the State or a
750-State aided or controlled entity.
713+ [(7)] (8) determine the fair market price of supplies [and], services, AND 29
714+OTHER SALES that EMPLOYMENT WORKS PROGRAM community service providers and 30
715+individual with disability owned businesses provide; 31
751716
752-14–405.
717+ [(8)] (9) in accordance with market conditions, adjust prices for the 32
718+supplies [and], services, AND OTHER SALES that EMPLOYMENT WORKS PROGRAM 33
719+community service providers and individual with disability owned businesses provide; and 34 16 SENATE BILL 461
753720
754- (a) (1) In this section the following words have the meanings indicated.
755721
756- (2) “Environmentally preferable product or service” means a product or
757-service that throughout the full life cycle of the product or service: LAWRENCE J. HOGAN, JR., Governor Ch. 528
758722
759-– 17 –
723+ [(9)] (10) at the request of a community service provider or an individual 1
724+with disability owned business, review and, if appropriate, change the price of a supply or 2
725+service. 3
760726
761- (i) is energy efficient, water efficient, biobased, nonozone depleting,
762-made with recycled content, or nontoxic; or
727+ (g) In addition to the duties specified under subsection (f) of this section, the 4
728+committee shall: 5
763729
764- (ii) has other attributes recognized as environmentally preferable by
765-the Maryland Green Purchasing Committee.
730+ (1) establish and periodically review eligibility policies or guidelines for 6
731+participating community service providers and individual with disability owned 7
732+businesses; 8
766733
767- (b) (1) To encourage the maximum purchase of environmentally preferable
768-products and services, the Maryland Green purchasing Committee established under §
769-14–410 of this subtitle shall establish environmentally preferable specifications to be
770-adopted by State agencies.
734+ (2) maintain a current list of community service providers and individual 9
735+with disability owned businesses; 10
771736
772- (2) The environmentally preferable specifications shall be published and
773-maintained online by the Maryland Green Purchasing Committee for use by State agencies.
737+ (3) periodically review and revise its list of community service providers 11
738+and individual with disability owned businesses; and 12
774739
775- (c) Each State unit shall review annually the procurement specifications
776-currently used by the unit and, to the extent practicable:
740+ (4) send any revised list to the [Secretary of General Services] CHIEF 13
741+PROCUREMENT OFFICER who shall make the list available to each person responsible 14
742+for buying supplies or services for the State or a State aided or controlled entity. 15
777743
778- (1) adopt the environmentally preferable specifications published by the
779-Maryland Green Purchasing Committee; and
744+14–107. 16
780745
781- (2) revise the unit’s procurement specifications in accordance with §
782-14–410 of this subtitle.
746+ The Pricing and Selection Committee for [Blind Industries and Services of Maryland 17
747+and the Employment Works Program] PREFERRED PROVIDERS shall: 18
783748
784- (d) On or before [September] OCTOBER 1 of each year, each unit shall report to
785-the Department of General Services on the unit’s procurement of environmentally
786-preferable products and services as a percentage of the unit’s gross purchases during the
787-preceding fiscal year, including the types and quantities of products and services procured.
749+ (1) (i) maintain a current list of supplies and services that Blind 19
750+Industries and Services of Maryland provides; [and] 20
788751
789- (e) (1) Except as provided in paragraph (2) of this subsection, this section is
790-broadly applicable to all procurements by the State if the quality of the product or service
791-is consistent with the requirements of the bid specifications.
752+ (ii) maintain a current list of supplies [and], services, AND OTHER 21
753+SALES that community service providers and individual with disability owned businesses 22
754+provide; AND 23
792755
793- (2) Only to the extent necessary to prevent the denial of federal money or
794-eliminate the inconsistency with federal law, this section does not apply to a procurement
795-by the State if the procurement officer determines that compliance with this section would:
756+ (III) MAINTAIN A CURRENT L IST OF SUPPLIES AND SERVICES 24
757+THAT MARYLAND CORRECTIONAL ENTERPRISES PROVIDES ; 25
796758
797- (i) cause denial of federal money; or
759+ (2) periodically review and revise the lists of supplies [and], services, AND 26
760+OTHER SALES maintained in accordance with item (1) of this section; and 27
798761
799- (ii) be inconsistent with the requirements of federal law.
762+ (3) send the lists, and any revised lists, to the [Secretary of General 28
763+Services] CHIEF PROCUREMENT OFFICER who shall make the lists available to each 29
764+person responsible for buying supplies [or], services, OR OTHER SALES for the State or a 30
765+State aided or controlled entity. 31
766+ SENATE BILL 461 17
800767
801-14–410.
802768
803- (e) On or before [October 1] DECEMBER 31 of each year, the Committee shall
804-report to the General Assembly, in accordance with § 2–1257 of the State Government
805-Article, on the Committee’s activities and the progress made as a result of the Ch. 528 2022 LAWS OF MARYLAND
769+14–405. 1
806770
807-– 18 –
808-implementation of this section.
771+ (a) (1) In this section the following words have the meanings indicated. 2
809772
810-17–502.
773+ (2) “Environmentally preferable product or service” means a product or 3
774+service that throughout the full life cycle of the product or service: 4
811775
812- (a) THIS SECTION DOES NOT APPLY TO EMERGENCY P ROCUREMENT UNDER
813-§ 13–108 OF THIS DIVISION II.
776+ (i) is energy efficient, water efficient, biobased, nonozone depleting, 5
777+made with recycled content, or nontoxic; or 6
814778
815- (B) In addition to any other provision of law, the following persons shall use
816-eMaryland Marketplace to publish notice of a procurement [or] AND publish a notice of
817-award of a procurement that is at the same amount or exceeds the amount required by the
818-Board for a State contract to be published in eMaryland Marketplace:
779+ (ii) has other attributes recognized as environmentally preferable by 7
780+the Maryland Green Purchasing Committee. 8
819781
820- (1) a unit of State government;
782+ (b) (1) To encourage the maximum purchase of environmentally preferable 9
783+products and services, the Maryland Green purchasing Committee established under § 10
784+14–410 of this subtitle shall establish environmentally preferable specifications to be 11
785+adopted by State agencies. 12
821786
822- (2) a county;
787+ (2) The environmentally preferable specifications shall be published and 13
788+maintained online by the Maryland Green Purchasing Committee for use by State agencies. 14
823789
824- (3) a municipality;
790+ (c) Each State unit shall review annually the procurement specifications 15
791+currently used by the unit and, to the extent practicable: 16
825792
826- (4) a bicounty or multicounty governmental agency;
793+ (1) adopt the environmentally preferable specifications published by the 17
794+Maryland Green Purchasing Committee; and 18
827795
828- (5) a special tax district, sanitary district, drainage district, soil
829-conservation district, and water supply district;
796+ (2) revise the unit’s procurement specifications in accordance with § 19
797+14–410 of this subtitle. 20
830798
831- (6) a public institution of higher education;
799+ (d) On or before [September] OCTOBER 1 of each year, each unit shall report to 21
800+the Department of General Services on the unit’s procurement of environmentally 22
801+preferable products and services as a percentage of the unit’s gross purchases during the 23
802+preceding fiscal year, including the types and quantities of products and services procured. 24
832803
833- (7) a public school; and
804+ (e) (1) Except as provided in paragraph (2) of this subsection, this section is 25
805+broadly applicable to all procurements by the State if the quality of the product or service 26
806+is consistent with the requirements of the bid specifications. 27
834807
835- (8) except for the Maryland Health and Higher Educational Facilities
836-Authority, an entity exempt from the provisions of this Division II in accordance with §
837-11–203 of this article.
808+ (2) Only to the extent necessary to prevent the denial of federal money or 28
809+eliminate the inconsistency with federal law, this section does not apply to a procurement 29
810+by the State if the procurement officer determines that compliance with this section would: 30
838811
839- [(b)] (C) This section may not be construed to prohibit a person listed in
840-subsection [(a)] (B) of this section from publishing notice of a procurement or publishing a
841-notice of award in accordance with any other law or policy.
812+ (i) cause denial of federal money; or 31
842813
843- [(c)] (D) An unintentional violation of this section may not constitute grounds to
844-challenge or appeal:
814+ (ii) be inconsistent with the requirements of federal law. 32
815+ 18 SENATE BILL 461
845816
846- (1) the award of a procurement; or
847817
848- (2) the process through which a procurement was conducted.
818+14–410. 1
849819
850- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
851-1, 2022.
852- LAWRENCE J. HOGAN, JR., Governor Ch. 528
820+ (e) On or before [October 1] DECEMBER 31 of each year, the Committee shall 2
821+report to the General Assembly, in accordance with § 2–1257 of the State Government 3
822+Article, on the Committee’s activities and the progress made as a result of the 4
823+implementation of this section. 5
853824
854-– 19 –
855-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
825+17–502. 6
826+
827+ (a) THIS SECTION DOES NOT APPLY TO EMERGENCY P ROCUREMENT UNDER 7
828+§ 13–108 OF THIS DIVISION II. 8
829+
830+ (B) In addition to any other provision of law, the following persons shall use 9
831+eMaryland Marketplace to publish notice of a procurement [or] AND publish a notice of 10
832+award of a procurement that is at the same amount or exceeds the amount required by the 11
833+Board for a State contract to be published in eMaryland Marketplace: 12
834+
835+ (1) a unit of State government; 13
836+
837+ (2) a county; 14
838+
839+ (3) a municipality; 15
840+
841+ (4) a bicounty or multicounty governmental agency; 16
842+
843+ (5) a special tax district, sanitary district, drainage district, soil 17
844+conservation district, and water supply district; 18
845+
846+ (6) a public institution of higher education; 19
847+
848+ (7) a public school; and 20
849+
850+ (8) except for the Maryland Health and Higher Educational Facilities 21
851+Authority, an entity exempt from the provisions of this Division II in accordance with § 22
852+11–203 of this article. 23
853+
854+ [(b)] (C) This section may not be construed to prohibit a person listed in 24
855+subsection [(a)] (B) of this section from publishing notice of a procurement or publishing a 25
856+notice of award in accordance with any other law or policy. 26
857+
858+ [(c)] (D) An unintentional violation of this section may not constitute grounds to 27
859+challenge or appeal: 28
860+
861+ (1) the award of a procurement; or 29
862+
863+ (2) the process through which a procurement was conducted. 30 SENATE BILL 461 19
864+
865+
866+
867+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
868+1, 2022. 2
869+
870+
871+
872+
873+Approved:
874+________________________________________________________________________________
875+ Governor.
876+________________________________________________________________________________
877+ President of the Senate.
878+________________________________________________________________________________
879+ Speaker of the House of Delegates.