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State of Maryland Statutes

State Finance and Procurement
Division 2 Procurement
Title 13 Source Selection for Procument Contracts
Subtitle 1 Methods for Selecting Procurement Sources

§ 13-110 STATE FIN. & PROC. Procurement by intergovernmental cooperative purchasing agreement.

(a) Definitions. — (1) In this section the following words have the meanings indicated.

(2) "Governmental entity" means:

(i) the federal government or an agency or other instrumentality of the federal government;

(ii) another state or an agency or other instrumentality of another state;

(iii) a bistate or multistate agency;

(iv) a county, municipal corporation, or other political subdivision of the State or of another state, or an agency or other instrumentality of the political subdivision;

(v) a bicounty or multicounty agency;

(vi) a primary procurement unit; or

(vii) an affiliation, alliance, consortium, or group composed solely of governmental entities that is established for purposes of promoting intergovernmental cooperative purchasing.

(3) "Intergovernmental cooperative purchasing agreement" means a contract:

(i)1. entered into by at least one governmental entity and a person selected in a manner that is consistent with the purposes set forth under § 11-201 of this article;

2. that is available for use by the governmental entity entering the contract and at least one additional governmental entity which may, but need not be, an original party to the contract; and

3. that is intended to promote efficiency and savings that can result from intergovernmental cooperative purchasing; or

(ii) between a primary procurement unit and a person who, at the time the intergovernmental cooperative purchasing agreement is awarded, has a contract with the federal government or an agency or other instrumentality of the federal government, and who agrees to provide the unit with identical prices, terms, and conditions as stipulated in the federal contract.

(b) Participation of primary procurement unit. — (1) Subject to § 12-107 of this article, whenever a primary procurement unit procurement officer determines that it is in the best interest of the State to sponsor or participate in an intergovernmental cooperative purchasing agreement, with the approval of the unit head and subject to any other approval required by law, the primary procurement unit may become a party to or participate under the agreement.

(2) A determination under this subsection shall be in writing and include a statement that the intergovernmental cooperative purchasing agreement:

(i) will provide cost benefits to the State, promote administrative efficiencies, or promote intergovernmental cooperation; and

(ii) is not intended to evade the purposes of this Division II.

(c) Sponsorship of intergovernmental cooperative purchasing agreement; award of contract. — (1) If a primary procurement unit sponsors an intergovernmental cooperative purchasing agreement:

(i) the contract shall be awarded in the same manner as the contract would be awarded under this Division II if the unit was the sole participant under the contract; and

(ii) all procedures under this Division II, including procedures governing contract claims and protests, shall apply.

(2) A political subdivision of the State may participate under any intergovernmental cooperative purchasing agreement sponsored by a primary procurement unit in a manner consistent with the terms of the agreement.

(d) Protest or claim. — If a primary procurement unit participates in an intergovernmental cooperative purchasing agreement, any protest or contract claim involving the agreement shall be handled in accordance with the terms of the agreement.