§ 16-402. Application of subtitle.

   (a) In general. -- This subtitle applies to a service contract that:

   (1) the Commission solicits as a management plan intended to adversely affect employees of the Commission represented by a certified representative; and

   (2) a procurement officer of the Commission estimates will exceed a yearly cost of $ 75,000 as calculated under subsection (b) of this section.

(b) Adjustment of estimate of cost of service contract. -- The Commission shall adjust the estimate of the yearly cost described in subsection (a)(2) of this section to the nearest $ 100 every 2 years to reflect any aggregate increase in the Consumer Price Index for all urban consumers, for the Washington-Baltimore metropolitan area, or any successor index, for the previous 2 years.

(c) Exclusions. -- This subtitle does not apply to:

   (1) solicitation of a service contract as part of a management plan or program intended to augment bargaining unit work and not for a present or eventual purpose of adversely affecting employees of the Commission represented by a certified representative;

   (2) solicitation of a service contract for which the primary purpose is to obtain goods or construction services;

   (3) solicitation of a service contract that the Commission's purchasing officials reasonably believe and express in writing may negatively affect the potential for participation by a minority business enterprise according to a minority business enterprise utilization program authorized under Title 15, Subtitle 2 of this article;

   (4) solicitation of a service contract for a service provided by a consultant;

   (5) solicitation of a service contract for a professional service, unless the scope of service is provided by employees of a bargaining unit when the service contract is solicited;

   (6) solicitation of a service contract that the Commission reasonably believes is:

      (i) necessary to meet an emergent or imminent threat to public health, welfare, or safety;

      (ii) required to comply with the requirements of a grant related to the funding of the service contract; or

      (iii) related to the settlement of an insurance claim;

   (7) solicitation of a service contract that is in the best interest of an employee based on a need for specialized safety experience or expertise;

   (8) solicitation of a service contract for a service provided by a public entity or provided to the Commission in accordance with a public-private partnership with a private entity;

   (9) solicitation of a service contract to be awarded on a noncompetitive basis in accordance with applicable laws regarding service contracts awarded on a noncompetitive basis;

   (10) a service contract entered into before October 31, 2007;

   (11) the renewal or rebidding of a service contract entered into before October 31, 2007, if the renewal or rebidding of the service contract does not result in a greater adverse effect on employees of a bargaining unit than existed before its renewal or rebidding;

   (12) solicitation of a service contract for a capital improvement project or asset management project;

   (13) solicitation of a class, type, category, or particular service contract that the Commission reasonably believes should be performed by an independent contractor to eliminate a conflict of interest otherwise apparent if the services are performed by an employee of a bargaining unit;

   (14) solicitation of a class, type, category, or particular service contract when the need for the service or activity is such that the time necessary for the analysis required under § 16-404 of this subtitle would:

      (i) result in damage to property of the Commission;

      (ii) result in injury to an individual; or

      (iii) substantially hinder the objective of constructing or maintaining safe and sanitary properties and facilities; or

   (15) a service contract that the Montgomery County Council or the Prince George's County Council authorizes or requires to be provided by an independent contractor.

(d) Construction of subtitle. -- This subtitle does not apply to or limit the authority of the Commission to abolish a bargaining unit position or conduct a reduction in force.

HISTORY: An. Code 1957, art. 28, § 2-112.2(b); 2012, ch. 426, § 2.