§ 13-314. Waiver of requirements

   (a) In general. -- The Selection Board shall waive the requirements of § 13-304(b), 13-308, 13-309, 13-311, 13-312(b), and 13-313 of this subtitle if:

   (1) the Selection Board determines that:

      (i) the architectural services or engineering services cannot be defined so completely as to carry out those requirements; or

      (ii) the specifications require architectural services or engineering services that are available only from a bona fide single source or a proprietary product or process;

   (2) the Governor declares an emergency;

   (3) after a natural disaster, public health and safety are endangered; or

   (4) on the recommendation of the Secretary of General Services or the Secretary of Transportation and a finding by the Governor that extraordinary circumstances exist, the Board of Public Works determines that:

      (i) for a particular project, urgent circumstances require the selection of a contractor on an expedited basis;

      (ii) expedited selection best serves the public interest; and

      (iii) the need for an expedited selection outweighs the benefits of carrying out those requirements.

   (5) Abrogated.

(b) Documentation of waiver. -- A waiver and the reasons for it shall be documented and:

   (1) immediately reported to eMaryland Marketplace for publication; and

   (2) reported to the Legislative Policy Committee within 30 days after the waiver occurs.

HISTORY: SF § 11-157, 11-175; 1988, ch. 48, § 2; 1990, ch. 415, § 2; 1993, ch. 78; 1994, ch. 615, § 1; 2004, ch. 515, § 2; 2005, ch. 25, § 13.