§ 13-107. Sole source procurement

   (a) In general. --

   (1) Whenever a procurement officer determines that there is only 1 available source for the subject of a procurement contract, the procurement officer may award the procurement contract without competition to that source.

   (2) Before awarding a procurement contract to a sole source, the procurement officer shall obtain:

      (i) the approval of the head of the unit; and

      (ii) any other approval required by law.

(b) Representation requiring confidentiality. --

   (1) Subject to paragraphs (2) and (3) of this subsection, with the prior written approval of the Attorney General, a unit may enter into a sole source contract to obtain the services of a contractor in connection with:

      (i) threatened or pending litigation;

      (ii) appraisal of real property for acquisition by the State; or

      (iii) collective bargaining.

   (2) This subsection applies only to a procurement in which:

      (i) a unit obtains the services of a contractor to represent the State; and

      (ii) the nature of the services to be performed requires confidentiality.

   (3) This subsection does not apply if the unit reasonably can anticipate a continuing need for a contractor described in paragraph (1)(ii) or (iii) of this subsection.

(c) Public notice of award. -- Not more than 30 days after the execution and approval of a procurement contract awarded under this section, a unit shall publish in eMaryland Marketplace notice of the award.

HISTORY: SF § 11-112; 1988, ch. 48, § 2; ch. 368; 1994, ch. 615, § 1; 2004, ch. 515, § 2; 2009, chs. 587, 588.