§ 13–404
Statutes in effect as of October 1, 2026.
Md. Code Ann., State Pers. & Pens. § 13-404 (2026)
Title 13. Contractual Employment and Service Contracts in Executive Branch
Subtitle 4. Service Contracts
§ 13–404LinkCopy Citation
(a)
The Department may certify a service contract to the Board of Public Works as provided in this section.
(b)
The Department may certify a service contract as being exempt from the preference stated in § 13-402 of this subtitle if:
(1)
State employees are not available to perform the services;
(2)
a conflict of interest would result if a State employee were to perform the services;
(3)
the nature of the services meets the standards set by the Department for emergency appointments;
(4)
the services are incidental to the purchase or lease of personal property or real property, such as a service agreement that is part of the purchase or rental of computers or office equipment; or
(5)
a clear need exists to obtain an unbiased finding or opinion, such as an expert witness in litigation.
(c)
The Department may certify a service contract that is not exempt under subsection (b) of this section only if:
(1)
the unit that seeks to enter into the service contract has complied with § 13-405 of this subtitle; and
(2)
the Department finds that:
(i)
the potential economic advantage of entering into the service contract is not outweighed by the preference stated in § 13-402 of this subtitle;
(ii)
the service contract does not adversely affect the affirmative action efforts of this State;
(iii)
the service contract includes adequate control mechanisms to ensure that the services will be performed in accordance with the service contract; and
(iv)
the service contract complies with all of the requirements of Division II of the State Finance and Procurement Article.