§ 15-508. Participation in procurement

   (a) In general. -- An individual or a person that employs an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or request for proposals may not:

   (1) submit a bid or proposal for that procurement; or

   (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.

(b) Exemptions. -- For purposes of subsection (a) of this section, assisting in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement does not include:

   (1) providing descriptive literature such as catalogue sheets, brochures, technical data sheets, or standard specification "samples", whether requested by an executive agency or provided on an unsolicited basis;

   (2) submitting written or oral comments on a specification prepared by an agency or on a solicitation for a bid or proposal when comments are solicited from two or more persons as part of a request for information or a prebid or preproposal process;

   (3) providing specifications for a sole source procurement made in accordance with § 13-107 of the State Finance and Procurement Article;

   (4) providing architectural and engineering services for:

      (i) programming, master planning, or other project planning services; or

      (ii) the design of a construction project if:

         1. the design services do not involve lead or prime design responsibilities or construction phase responsibilities on behalf of the State; and

         2. A. the anticipated value of the procurement contract at the time of advertisement is at least $ 2,500,000 and not more than $ 100,000,000; or

            B. regardless of the amount of the procurement contract, the payment to the individual or person for the design services does not exceed $ 500,000; or

   (5) for a procurement of health, human, social or educational services, comments solicited from two or more persons as part of a request for information, including written or oral comments on a draft specification, invitation for bids, or request for proposals.

(c) Retention of written and oral comments. -- A unit that receives comments as described in subsection (b)(2) and (5) of this section shall retain:

   (1) any written comments; and

   (2) a record of any oral comments.

HISTORY: An. Code 1957, art. 40A, § 3-110; 1995, ch. 533, § 2; ch. 539, § 1; 1996, ch. 449; 2000, ch. 406; 2002, ch. 482; 2004, ch. 84, § 1, 2; 2006, chs. 44, 549; 2008, ch. 283; 2009, ch. 60, § 5; 2012, ch. 707; 2013, ch. 43, § 5.