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§ 13-212.1. Individuals prohibited from participating in procurement

West's Annotated Code of MarylandState Finance and ProcurementEffective: April 5, 2018

West's Annotated Code of Maryland
State Finance and Procurement
Division II. General Procurement Law [Titles 11-End] (Refs & Annos)
Title 13. Source Selection--State Procurement Contracts (Refs & Annos)
Subtitle 2. Procedural Requirements (Refs & Annos)
Part II. Source Selection (Refs & Annos)
Effective: April 5, 2018
MD Code, State Finance and Procurement, § 13-212.1
§ 13-212.1. Individuals prohibited from participating in procurement
In general
(a) Except as provided in subsection (d) of this section, an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual during the period of assistance, may not:
(1) submit a bid or proposal for that procurement; or
(2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.
Covered activities
(b) For purposes of subsection (a) of this section, assisting in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement does not include:
(1) providing descriptive literature, such as catalogue sheets, brochures, technical data sheets, or standard specification “samples”, whether requested by an executive unit or provided unsolicited;
(2) submitting written or oral comments on a specification prepared by an executive unit or on a solicitation for a bid or proposal when comments are solicited from two or more persons as part of a request for information or a prebid or preproposal process;
(3) providing specifications for a sole source procurement made in accordance with § 13-107 of this title;
(4) providing architectural and engineering services for:
(i) programming, master planning, or other project planning services; or
(ii) the design of a construction project if:
1. the design services do not involve lead or prime design responsibilities or construction phase responsibilities on behalf of the State; and
2. A. the anticipated value of the procurement contract at the time of advertisement is at least $2,500,000 and not more than $100,000,000; or
B. regardless of the amount of the procurement contract, the payment to the individual or person for the design services does not exceed $500,000; or
(5) for a procurement of health, human, social, or educational services, comments solicited from two or more persons as part of a request for information, including written or oral comments on a draft specification, an invitation for bids, or a request for proposals.
Retention of comments
(c) A unit that receives comments as described in subsection (b)(2) and (5) of this section shall retain:
(1) any written comments; and
(2) a record of any oral comments.
Applicability of prohibitions
(d)(1) The prohibitions established under subsection (a) of this section apply from the date of issuance of the first invitation for bids or request for proposals for which the specifications were initially drafted until the later of:
(i) 2 years from the date of issuance; or
(ii) the selection or award of a procurement contract in response to the issuance of the invitation for bids or request for proposals or a reissuance of the invitation for bids or request for proposals for which the specifications were initially drafted.
(2) The prohibitions established under subsection (a) of this section do not apply to a subsequent invitation for bids or request for proposals for which the specifications are reused after the initial prohibition is no longer applicable in accordance with paragraph (1) of this subsection.

Credits

Added by Acts 2015, c. 271, § 1, eff. Oct. 1, 2015. Amended by Acts 2017, c. 341, § 1, eff. Oct. 1, 2017; Acts 2018, c. 12, § 1, eff. April 5, 2018.
MD Code, State Finance and Procurement, § 13-212.1, MD STATE FIN & PROC § 13-212.1
Current through all legislation from the 2019 Regular Session of the General Assembly.
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