§ 13-108. Emergency or expedited procurement procedures
West's Annotated Code of MarylandState Finance and ProcurementEffective: January 5, 2022
Effective: January 5, 2022
MD Code, State Finance and Procurement, § 13-108
§ 13-108. Emergency or expedited procurement procedures
(a) In this section, “emergency” means an occurrence or condition that creates an immediate and serious need for services, materials, or supplies that:
(b)(1) Except as provided in § 11-205 (“Collusion”), § 10-204 (“Approval for designated contracts”), § 13-219 (“Required clauses--Nondiscrimination clause”), § 13-221 (“Disclosures to Secretary of State”), Title 16 (“Suspension and Debarment of Contractors”), or Title 17 (“Special Provisions--State and Local Subdivisions”) of this article, with the approval of the head of a unit, its procurement officer may make an emergency procurement by any method that the procurement officer considers most appropriate to avoid or mitigate serious damage to public health, safety, or welfare.
(2)(i) Except when delaying a procurement by up to 48 hours would likely result in imminent harm, after obtaining the approval of the head of the unit and before making an emergency procurement, the procurement officer shall obtain approval of the use of emergency procurement procedures from the Chief Procurement Officer, or the Chief Procurement Officer's designee.
(ii) submit the reports prepared under this paragraph to the Board, the appropriate control agency, and, in accordance with § 2-1257 of the State Government Article, the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, the House Health and Government Operations Committee, and the Joint Audit and Evaluation Committee.
(c)(1) Consistent with the requirements of subsection (b)(1) of this section, the State Highway Administration may enter into procurement contracts related to the pretreatment and removal of snow and ice as required or authorized under Title 8 of the Transportation Article.
(d)(1) Except as provided in § 11-205 (“Collusion”), § 10-204 (“Approval for designated contracts”), § 13-219 (“Required clauses--Nondiscrimination clause”), § 13-221 (“Disclosures to Secretary of State”), Title 16 (“Suspension and Debarment of Contractors”), or Title 17 (“Special Provisions--State and Local Subdivisions”) of this article, with the approval of the head of the unit and the Board, a unit's procurement officer may make a procurement on an expedited basis if the head of the unit and the Board find that:
(e) Except as provided in subsection (b)(7) of this section, 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.
(f) For real property leases procured under this section, the term of the lease shall be for the minimum period of time practicable.
(h) The Special Secretary for the Office of Small, Minority, and Women Business Affairs, in consultation with the Secretary of Transportation and the Attorney General, shall establish guidelines for each unit to consider when determining the appropriate minority business enterprise participation percentage goal and outreach for an emergency procurement contract.
Credits
Added by Acts 1988, c. 48, § 2, eff. Oct. 1, 1988. Amended by Acts 1988, c. 368, § 1, eff. Oct. 1, 1988; Acts 1990, c. 682, § 1, eff. July 1, 1990; Acts 1994, c. 615, § 1, eff. June 1, 1994; Acts 1994, c. 750, § 1, eff. Oct. 1, 1994; Acts 2004, c. 515, § 2, eff. July 1, 2006; Acts 2009, c. 60, § 5, eff. April 14, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2015, c. 303, § 1, eff. June 1, 2015; Acts 2021, 1st Sp. Sess., c. 4, §§ 1, 2, eff. Jan. 5, 2022; Acts 2021, 1st Sp. Sess., c. 8, §§ 1, 2, eff. Jan. 5, 2022.
MD Code, State Finance and Procurement, § 13-108, MD STATE FIN & PROC § 13-108
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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