§ 13-107. Sole source procurement

MD State Fin & Pro Code § 13-107 (2019) (N/A)
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(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.