Maryland Code, STATE FINANCE AND PROCUREMENT 11-201
Terms Used In Maryland Code, STATE FINANCE AND PROCUREMENT 11-201
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- gift: includes an inter vivos gift, inter vivos endowment, bequest, devise, legacy, or testamentary endowment of any interest in real or personal property. See
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) providing for increased confidence in State procurement;
(2) ensuring fair and equitable treatment of all persons who deal with the State procurement system;
(3) providing safeguards for maintaining a State procurement system of quality and integrity;
(4) fostering effective broad-based competition in the State through support of the free enterprise system;
(5) promoting increased long-term economic efficiency and responsibility in the State by encouraging the use of recycled materials;
(6) providing increased economy in the State procurement system;
(7) getting the maximum benefit from the purchasing power of the State;
(8) simplifying, clarifying, and modernizing the law that governs State procurement;
(9) allowing the continued development of procurement regulations, policies, and practices in the State; and
(10) promoting development of uniform State procurement procedures to the extent possible.
(b) Unless otherwise indicated, this Division II shall be construed liberally and applied to promote the purposes and policies enumerated in subsection (a) of this section.
(c) If a provision of this Division II is inconsistent with a federal law, regulation, or grant agreement or other federal requirement that governs procurement or a procurement contract or with the terms of a gift, as defined in § 1-109 of the General Provisions Article, the federal requirement or the terms of the gift control the procurement or procurement contract.
(d) (1) In this subsection, “bundle” means the consolidation of two or more procurement requirements for supplies or services previously provided or performed under separate contracts into a single solicitation seeking offers for a single contract that is unlikely to be accessible for award to a small business or minority business enterprise.
(2) This subsection does not apply if a unit bundles a procurement for the purpose of participating in the Small Business Reserve Program in accordance with Title 14, Subtitle 5 of this article.
(3) For the purpose of precluding or limiting participation by a minority business enterprise as defined under Title 14, Subtitle 3 of this article or a small business as defined under Title 14, Subtitle 2 of this article, a unit subject to this Division II may not:
(i) bundle a procurement;
(ii) limit the number of competitive bidders or offerors; or
(iii) limit participation to a predetermined group of bidders or offerors.