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Statutes Text

Article - State Finance and Procurement


    (a)    The purposes and policies of this Division II include:

        (1)    providing for increased confidence in State procurement;

        (2)    ensuring fair and equitable treatment of all persons who deal with the State procurement system;

        (3)    providing safeguards for maintaining a State procurement system of quality and integrity;

        (4)    fostering effective broad–based competition in the State through support of the free enterprise system;

        (5)    promoting increased long–term economic efficiency and responsibility in the State by encouraging the use of recycled materials;

        (6)    providing increased economy in the State procurement system;

        (7)    getting the maximum benefit from the purchasing power of the State;

        (8)    simplifying, clarifying, and modernizing the law that governs State procurement;

        (9)    allowing the continued development of procurement regulations, policies, and practices in the State; and

        (10)    promoting development of uniform State procurement procedures to the extent possible.

    (b)    Unless otherwise indicated, this Division II shall be construed liberally and applied to promote the purposes and policies enumerated in subsection (a) of this section.

    (c)    If a provision of this Division II is inconsistent with a federal law, regulation, or grant agreement or other federal requirement that governs procurement or a procurement contract or with the terms of a gift, as defined in § 1–109 of the General Provisions Article, the federal requirement or the terms of the gift control the procurement or procurement contract.

    (d)    (1)    In this subsection, “bundle” means the consolidation of two or more procurement requirements for supplies or services previously provided or performed under separate contracts into a single solicitation seeking offers for a single contract that is unlikely to be accessible for award to a small business or minority business enterprise.

        (2)    This subsection does not apply if a unit bundles a procurement for the purpose of participating in the Small Business Reserve Program in accordance with Title 14, Subtitle 5 of this article.

        (3)    For the purpose of precluding or limiting participation by a minority business enterprise as defined under Title 14, Subtitle 3 of this article or a small business as defined under Title 14, Subtitle 2 of this article, a unit subject to this Division II may not:

            (i)    bundle a procurement;

            (ii)    limit the number of competitive bidders or offerors; or

            (iii)    limit participation to a predetermined group of bidders or offerors.

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