(a) (1) Whenever a procurement officer determines that there is only 1
available source for the subject of a procurement contract, the procurement officer
may award the procurement contract without competition to that source.
(2) Before awarding a procurement contract to a sole source, the
procurement officer shall obtain:
(i) the approval of the head of the unit; and
(ii) any other approval required by law.
(b) (1) Subject to paragraphs (2) and (3) of this subsection, with the prior
written approval of the Attorney General, a unit may enter into a sole source contract
to obtain the services of a contractor in connection with:
(i) threatened or pending litigation;
(ii) appraisal of real property for acquisition by the State; or
(iii) collective bargaining.
(2) This subsection applies only to a procurement in which:
(i) a unit obtains the services of a contractor to represent the
State; and
(ii) the nature of the services to be performed requires
confidentiality.
(3) This subsection does not apply if the unit reasonably can
anticipate a continuing need for a contractor described in paragraph (1)(ii) or (iii) of
this subsection.
(c) Not more than 30 days after the execution and approval of a
procurement contract awarded under this section, a unit shall publish in eMaryland
Marketplace notice of the award.
§13-108. IN EFFECT
(a) In this section, "emergency" means an occurrence or condition that
creates an immediate and serious need for services, materials, or supplies that:
(1) cannot be met through normal procurement methods; and
(2) are required to avoid or mitigate serious damage to public health,
safety, or welfare.
(b) (1) Except as provided in § 11-205 ("Collusion"), § 10-204 ("Approval
for designated contracts"), § 13-219 ("Required clauses - Nondiscrimination clause"),
Title 16 ("Suspension and Debarment of Contractors"), or Title 17 ("Special Provisions
- State and Local Subdivisions") of this article, with the approval of the head of a
unit, its procurement officer may make an emergency procurement by any method
that the procurement officer considers most appropriate to avoid or mitigate serious
damage to public health, safety, or welfare.
(2) (i) Except when delaying a procurement by up to 48 hours
would likely result in imminent harm, after obtaining the approval of the head of the
unit and before making an emergency procurement, the procurement officer shall
obtain approval of the use of emergency procurement procedures from the Chief
Procurement Officer, or the Chief Procurement Officer's designee.
(ii) Within 48 hours after receiving a request to use emergency
procurement procedures, the Chief Procurement Officer or designee shall approve or
disapprove the request.
(iii) If the Chief Procurement Officer or designee does not
approve or disapprove the request to use emergency procurement procedures within
48 hours after receiving the request, the request shall be considered to be approved.
(3) The procurement officer shall:
(i) obtain as much competition as possible under the
circumstances, including by making reasonable efforts to solicit at least three oral
quotes;
(ii) limit the emergency procurement to the procurement of
only those items, both in type and quantity, necessary to avoid or to mitigate serious
damage to public health, safety, or welfare;
(iii) before awarding an emergency procurement contract to a
prospective contractor, evaluate the contractor's ability to perform the requirements
of the contract based on:
1. the length of time the contractor has been in
business;
2. the contractor's level of experience providing the
types and amounts of supplies, services, maintenance, commodities, construction, or
construction-related services required under the contract; and
3. the contractor's history of successful procurement
contracts with the State and other jurisdictions;
(iv) execute a written contract with the successful contractor
which includes the terms of the emergency procurement; and
(v) not more than 15 days after awarding the procurement
contract, submit to the Board a written report that gives the justification for use of
the emergency procurement procedure.
(4) (i) This paragraph applies only to an emergency procurement
contract with a value of $1,000,000 or more.
(ii) 1. In advance of or concurrent with the execution of an
emergency procurement contract that is subject to this paragraph, a unit may not pay
an amount that exceeds $2,000,000, plus 30% of the contract value in excess of
$2,000,000.
2. Unless authorized by the Board, the unit may not
make any additional payment under the contract until at least 30 days after the
execution of the contract.
(iii) Not later than 7 days after awarding an emergency
procurement contract that is subject to this paragraph, a unit shall submit a copy of
the contract to the Board.
(iv) The Board may:
1. review an emergency procurement contract
submitted under this paragraph at a regularly scheduled meeting of the Board or at
an emergency meeting called for that purpose; and
2. direct the unit or the appropriate control agency to
take any action, including canceling or rescinding the contract, that the Board deems
appropriate.
(5) If supplies or commodities procured under an emergency
procurement contract are not delivered and used within 1 month after the date the
contract is awarded, the unit shall:
(i) prepare a report describing the delivery and use status of
supplies and commodities procured under the contract at least once per month until
all supplies and commodities have been delivered and used; and
(ii) submit the reports prepared under this paragraph to the
Board, the appropriate control agency, and, in accordance with § 2-1257 of the State
Government Article, the Senate Budget and Taxation Committee, the Senate
Committee on Education, Energy, and the Environment, the House Appropriations
Committee, the House Health and Government Operations Committee, and the Joint
Audit and Evaluation Committee.
(6) A procurement contract awarded under this subsection shall
include provisions addressing the contractor's ability to perform the requirements of
the contract within the emergency time frame.
(7) Notwithstanding subsection (e) of this section, on the day of the
execution and approval of a procurement contract awarded under this subsection, or
as soon as practicable thereafter, a unit shall publish in eMaryland Marketplace
notice of the award.
(8) (i) This paragraph applies only to the award of a contract or a
contract modification made under this subsection that, with prior modifications,
exceeds the small procurement amount specified in § 13-109 of this subtitle.
(ii) Within 15 days after awarding a contract or a contract
modification, a unit shall submit to the Board and the appropriate control agency a
report that includes:
1. the basis and justification for the emergency
procurement including the date the emergency first became known;
2. a listing of supplies, services, maintenance,
commodities, construction, or construction-related services procured;
3. the names of all persons solicited and a justification
if the solicitation was limited to one person;
4. the prices and times of performance proposed by the
persons responding to the solicitation;
5. the name of and basis for the selection of a particular
contractor;
6. the amount and type of the contract or contract
modification;
7. a listing of any prior or related emergency contracts,
including all contract modifications, executed for the purposes of avoiding or
mitigating the particular emergency, including the aggregate costs; and
8. the identification number, if any, of the contract file.
(iii) The Board may adopt regulations to carry out this
paragraph.
(c) (1) Consistent with the requirements of subsection (b)(1) of this
section, the State Highway Administration may enter into procurement contracts
related to the pretreatment and removal of snow and ice as required or authorized
under Title 8 of the Transportation Article.
(2) (i) Beginning on June 30, 2016, and no later than June 30 of
each succeeding year, the State Highway Administration shall submit to the Board a
written report on the operation and effectiveness of the procurement contracts
entered into under this subsection during the previous year.
(ii) The report shall include:
1. the number of contracts awarded;
2. the total dollar value of the contracts awarded; and
3. the amount of contracting dollars expended with
minority business enterprises, certified small businesses, and certified veteran-
owned businesses, as defined under Title 14 of this article.
(3) The Board, in consultation with the State Highway
Administration, may adopt regulations to carry out the requirements of this
subsection.
(d) (1) Except as provided in § 11-205 ("Collusion"), § 10-204 ("Approval
for designated contracts"), § 13-219 ("Required clauses - Nondiscrimination clause"),
Title 16 ("Suspension and Debarment of Contractors"), or Title 17 ("Special Provisions
- State and Local Subdivisions") of this article, with the approval of the head of the
unit and the Board, a unit's procurement officer may make a procurement on an
expedited basis if the head of the unit and the Board find that:
(i) urgent circumstances require prompt action;
(ii) an expedited procurement best serves the public interest;
and
(iii) the need for the expedited procurement outweighs the
benefits of making the procurement on the basis of competitive sealed bids or
competitive sealed proposals.
(2) The procurement officer shall attempt to obtain as much
competition as reasonably possible.
(e) Except as provided in subsection (b)(7) of this section, not more than 30
days after the execution and approval of a procurement contract awarded under this
section, a unit shall publish in eMaryland Marketplace notice of the award.
(f) For real property leases procured under this section, the term of the
lease shall be for the minimum period of time practicable.
(g) The Board may adopt regulations to carry out this section.
(h) The Special Secretary for the Office of Small, Minority, and Women
Business Affairs, in consultation with the Secretary of Transportation and the
Attorney General, shall establish guidelines for each unit to consider when
determining the appropriate minority business enterprise participation percentage
goal and outreach for an emergency procurement contract.‹ Prev All Maryland sections Next ›
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