Maryland Code, STATE PERSONNEL AND PENSIONS 13-404
Terms Used In Maryland Code, STATE PERSONNEL AND PENSIONS 13-404
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) The Department may certify a service contract as being exempt from the preference stated in § 13-402 of this subtitle if:
(1) State employees are not available to perform the services;
(2) a conflict of interest would result if a State employee were to perform the services;
(3) the nature of the services meets the standards set by the Department for emergency appointments;
(4) the services are incidental to the purchase or lease of personal property or real property, such as a service agreement that is part of the purchase or rental of computers or office equipment; or
(5) a clear need exists to obtain an unbiased finding or opinion, such as an expert witness in litigation.
(c) The Department may certify a service contract that is not exempt under subsection (b) of this section only if:
(1) the unit that seeks to enter into the service contract has complied with § 13-405 of this subtitle; and
(2) the Department finds that:
(i) the potential economic advantage of entering into the service contract is not outweighed by the preference stated in § 13-402 of this subtitle;
(ii) the service contract does not adversely affect the affirmative action efforts of this State;
(iii) the service contract includes adequate control mechanisms to ensure that the services will be performed in accordance with the service contract; and
(iv) the service contract complies with all of the requirements of Division II of the State Finance and Procurement Article.