(a) A State or State aided or controlled entity shall buy supplies and services from: (1) Maryland Correctional Enterprises, as provided in Title 3, Subtitle 5 of the Correctional Services Article, if Maryland Correctional Enterprises provides the supplies or services; (2) Blind Industries and Services of Maryland, if: (i) Blind Industries and Services of Maryland provides the supplies or services; and (ii) Maryland Correctional Enterprises does not provide the supplies or services; or (3) the Employment Works Program established under § 14-108 of this subtitle, if: (i) a community service provider or an individual with disability owned business provides the supplies or services; (ii) neither Maryland Correctional Enterprises nor Blind Industries and Services of Maryland provides the supplies or services; and (iii) a State or State aided or controlled entity is not required by law to buy the supplies or services from any other unit of the State government. (b) A State or State aided or controlled entity shall give preference to the providers listed under subsection (a) of this section in the order that the providers are listed. (c) To the extent practicable, a State or State aided or controlled entity shall include in a maintenance contract that has a component for housekeeping or janitorial services, a requirement that a prime contractor procure janitorial products from Blind Industries and Services of Maryland if the specified products are made, manufactured, remanufactured, packaged, repackaged, or assembled by Blind Industries and Services of Maryland and are available. (d) (1) On request by a State or State aided or controlled entity, the Pricing and Selection Committee for Preferred Providers may grant a waiver to the State or State aided or controlled entity from the requirement under subsection (a)(1) of this section if: (i) the price of the needed supplies and services is at least 10% above market rates for similar supplies and services; or (ii) the time at which the needed supplies and services would be delivered does not meet the entity's needs. (2) The Department of General Services shall adopt regulations to implement this subsection.
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