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<section article="gsp" article_name="State Personnel and Pensions" number="13-404" title_number="13" title_name="Contractual Employment and Service Contracts in Executive Branch" subtitle_number="4" subtitle_name="Service Contracts">
  <level label="a">
    <text>The Department may certify a service contract to the Board of Public Works as provided in this section.</text>
  </level>
  <level label="b">
    <text>The Department may certify a service contract as being exempt from the preference stated in § 13-402 of this subtitle if:</text>
    <level label="1">
      <text>State employees are not available to perform the services;</text>
    </level>
    <level label="2">
      <text>a conflict of interest would result if a State employee were to perform the services;</text>
    </level>
    <level label="3">
      <text>the nature of the services meets the standards set by the Department for emergency appointments;</text>
    </level>
    <level label="4">
      <text>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</text>
    </level>
    <level label="5">
      <text>a clear need exists to obtain an unbiased finding or opinion, such as an expert witness in litigation.</text>
    </level>
  </level>
  <level label="c">
    <text>The Department may certify a service contract that is not exempt under subsection (b) of this section only if:</text>
    <level label="1">
      <text>the unit that seeks to enter into the service contract has complied with § 13-405 of this subtitle; and</text>
    </level>
    <level label="2">
      <text>the Department finds that:</text>
      <level label="i">
        <text>the potential economic advantage of entering into the service contract is not outweighed by the preference stated in § 13-402 of this subtitle;</text>
      </level>
      <level label="ii">
        <text>the service contract does not adversely affect the affirmative action efforts of this State;</text>
      </level>
      <level label="iii">
        <text>the service contract includes adequate control mechanisms to ensure that the services will be performed in accordance with the service contract; and</text>
      </level>
      <level label="iv">
        <text>the service contract complies with all of the requirements of Division II of the State Finance and Procurement Article.</text>
      </level>
    </level>
  </level>
</section>
