§13–404.

    (a)    The Department may certify a service contract to the Board of Public Works as provided in this section.

    (b)    The Department may certify a service contract as being exempt from the preference stated in § 13-402 of this subtitle if:

        (1)    State employees are not available to perform the services;

        (2)    a conflict of interest would result if a State employee were to perform the services;

        (3)    the nature of the services meets the standards set by the Department for emergency appointments;

        (4)    the services are incidental to the purchase or lease of personal property or real property, such as a service agreement that is part of the purchase or rental of computers or office equipment; or

        (5)    a clear need exists to obtain an unbiased finding or opinion, such as an expert witness in litigation.

    (c)    The Department may certify a service contract that is not exempt under subsection (b) of this section only if:

        (1)    the unit that seeks to enter into the service contract has complied with § 13-405 of this subtitle; and

        (2)    the Department finds that:

            (i)    the potential economic advantage of entering into the service contract is not outweighed by the preference stated in § 13-402 of this subtitle;

            (ii)    the service contract does not adversely affect the affirmative action efforts of this State;

            (iii)    the service contract includes adequate control mechanisms to ensure that the services will be performed in accordance with the service contract; and

            (iv)    the service contract complies with all of the requirements of Division II of the State Finance and Procurement Article.