(a) (1) The Board shall appoint a Procurement Advisor, who serves at the pleasure of the Board. (2) The Procurement Advisor shall: (i) ensure that the State's procurement system is utilizing the most advanced procurement methods and management techniques; (ii) examine all procurements that are subject to review by the Board and make recommendations to the Board as to the appropriateness of each procurement, with an emphasis on whether the proposed procurement: 1. has been competitively conducted; and 2. conforms to provisions of procurement law, procurement regulations, and best management practices; (iii) prevent and detect fraud, waste, and abuse and foster competition in the expenditure of State funds in the procurement of supplies, services, or construction; (iv) conduct investigations into procurement policies, practices, and procedures, as appropriate; (v) investigate complaints made by State employees concerning fraud, waste, and abuse in the procurement process and any alleged violation of the procurement law or regulations; (vi) investigate complaints, other than formal bid protests filed under Title 15, Subtitle 2 of this article, made by contractors and other interested parties concerning fraud, waste, and abuse in the procurement process and any alleged violation of the procurement law or regulations; (vii) if apparent criminal violations are found in the course of an investigation, report findings to the Board of Public Works, Office of the Attorney General, United States Attorney, and State or local prosecutors, as appropriate; (viii) if other apparent violations of law or regulation are found in the course of an investigation, report findings to the Board of Public Works, the appropriate agency head, and any other appropriate body for administrative action; (ix) produce and submit to the Board of Public Works and the General Assembly, in accordance with § 2-1257 of the State Government Article, an annual report of the activities of the Procurement Advisor, including: 1. all findings and recommendations for improvements to the procurement system; and 2. the identification of barriers to effective broad- based competition in State procurement and recommendations for the elimination of these barriers; (x) assist agencies and the public with questions regarding procurement policy; (xi) establish policies for the effective training of State procurement officials to ensure that the State's procurement system is utilizing the most advanced procurement methods and management techniques; (xiii) review internal audit reports and comment as appropriate; (xiv) notify the Legislative Auditor when the Procurement Advisor undertakes an investigation under item (v) or (vi) of this paragraph. (3) The Procurement Advisor shall: (i) have access to all books, accounts, records, reports, any material related to contracts and procurement, and all other papers and equipment necessary to carry out its responsibilities; and (ii) have direct and prompt access to all heads of agencies involved in the expenditure of public funds. (b) (1) (i) The Board shall appoint a General Counsel, who serves at the pleasure of the Board. (ii) The General Counsel shall be an attorney in this State. (2) The General Counsel shall: (i) provide independent legal advice to the Board; (ii) examine all procurements that are subject to review by the Board and make recommendations to the Board as to the legal sufficiency of the procurements, with an emphasis on whether the proposed procurement has been competitively conducted; (iii) assist the Procurement Advisor in investigations undertaken by the Procurement Advisor; (iv) assist the Procurement Advisor in responding to complaints made by State employees, contractors, and other interested parties concerning fraud, waste, and abuse in the procurement process or any alleged violation of the procurement law and regulations; (v) compile information for distribution to State procurement officials relating to recent decisions of the Maryland State Board of Contract Appeals and State and federal courts concerning procurement, including any policy or legal guidance to the procurement officials based on these decisions; and (vi) review regulations proposed by the Board for legality and approve them for proposal and adoption. (3) The General Counsel shall: (i) have access to all books, accounts, records, any material related to contracts and procurement, and all other papers and equipment necessary to carry out its responsibilities; and (ii) have direct and prompt access to all heads of agencies involved in the expenditure of public funds. (c) In accordance with the State budget, the Board may appoint any additional staff necessary to carry out its responsibilities under this Division II.
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