§ 11-201. Purposes and construction of Division

   (a) Purposes. -- The purposes and policies of this Division II include:

   (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) Construction. -- 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) Inconsistent provisions. -- 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 Article 1, § 22 of the Code, the federal requirement or the terms of the gift control the procurement or procurement contract.

(d) Bundling of procurements. --

   (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.

HISTORY: SF § 11-102, 11-103; 1988, ch. 48, § 2; 1993, ch. 569; 2009, ch. 60, § 5; chs. 216, 217.