WES MOORE, Governor Ch. 53
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Chapter 53
(House Bill 284)
AN ACT concerning
Procurement – Electronic Transactions – Clarification of Fees Due
FOR the purpose of specifying that fees collected for electronic transactions for
procurements are those due to the State and not fees due to a third party; and
generally relating to electronic procurement transactions.
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 13–226
Annotated Code of Maryland
(2021 Replacement Volume and 2024 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – State Finance and Procurement
13–226.
(a) Unless otherwise prohibited by law, a primary procurement unit may conduct
procurement, including the solicitation of bids or proposals, evaluation, award, execution,
and administration of a contract, by electronic means as provided in the Uniform Electronic
Transactions Act in Title 21 of the Commercial Law Article.
(b) Bidding or submitting a proposal on a procurement contract by electronic
means shall constitute consent by the bidder or proposer to conduct by electronic means all
elements of the procurement of that contract which the unit agrees to conduct by electronic
means.
(c) (1) (i) Except as provided in paragraph (2) of this subsection, a unit
utilizing electronic means to conduct procurement or a private contractor furnishing to the
State electronic means for conducting procurement may charge a reasonable fee, on
approval by the Chief Procurement Officer, to the bidder, proposer, or each contract
awardee for the use of the electronic means.
(ii) Any fees collected under subparagraph (i) of this paragraph
THAT ARE DUE TO THE STATE shall be deposited in the Operations Revenue Fund
established under § 13–102.1(c) of this subtitle.
(2) Unless approved by the Board of Public Works, a fee may not be charged
under this subsection. Ch. 53 2025 LAWS OF MARYLAND
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(d) The terms and conditions of a procurement conducted under this section shall
comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law
Article.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2025.
Approved by the Governor, April 8, 2025.