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PARRIS N. GLENDENING, Governor
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Ch. 406
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and generally relating to prohibitions against and disclosures relating to
conflicts of interest in the State procurement process.
BY repealing and reenacting, with amendments,
Article - State Government
Section 15-508
Annotated Code of Maryland
(1999 Replacement Volume)
BY adding to
Article - State Government State Finance and Procurement
Section 15-509 13-212
Annotated Code of Maryland
(1999 1995 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Government
15-508.
(a) An individual OR A PERSON THAT EMPLOYS AN INDIVIDUAL who assists
an executive unit in the drafting of specifications, an invitation for bids, [or] a
request for proposals for a procurement, or THE SELECTION OR AWARD MADE IN
RESPONSE TO AN INVITATION FOR BIDS OR REQUEST FOR PROPOSALS [a person that
employs the individual,] 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.
(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 agency or provided on an unsolicited basis;
(2) submitting written comments on a specification prepared by an
agency 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 the State Finance and Procurement Article; or
(4) providing architectural and engineering services for programming,
master planning, or other project planning services.
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- 2227 -
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