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<section article="gsp" article_name="State Personnel and Pensions" number="13-405" title_number="13" title_name="Contractual Employment and Service Contracts in Executive Branch" subtitle_number="4" subtitle_name="Service Contracts">
  <level label="a">
    <text>A unit that seeks to enter into a service contract that is not exempt under § 13–403(c) or § 13–404(b) of this subtitle shall submit to the Department the information required by this section.</text>
  </level>
  <level label="b">
    <text>The unit shall submit a demonstration that the unit has taken formal and positive steps to consider alternatives to the service contract, including reorganization, reevaluation of service, and reevaluation of performance.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>The unit shall submit calculations that:</text>
      <level label="i">
        <text>compare the cost of the service contract with the cost of using State employees; and</text>
      </level>
      <level label="ii">
        <text>show savings to this State, over the duration of the service contract, of 20% of the contract or $200,000, whichever is less.</text>
      </level>
    </level>
    <level label="2">
      <text>In calculating the cost comparison required by this subsection, a unit shall include:</text>
      <level label="i">
        <text>direct costs, including fringe benefits;</text>
      </level>
      <level label="ii">
        <text>indirect overhead costs, including the proportional share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials, but only to the extent that those costs are attributed solely to the service in question and would not exist if the service were not performed by State employees;</text>
      </level>
      <level label="iii">
        <text>any continuing or transitional costs that would be directly associated with contracting for the services, including unemployment compensation and the cost of transitional services; and</text>
      </level>
      <level label="iv">
        <text>additional costs of performance of the services by State employees, including salaries and benefits of additional staff and the cost of additional space, equipment, and materials needed to perform the services.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>The unit shall submit a formal plan of assistance for all State employees who will be adversely affected by the service contract.</text>
    </level>
    <level label="2">
      <text>The plan of assistance shall include:</text>
      <level label="i">
        <text>efforts to place affected employees in vacant positions in the unit or in another unit;</text>
      </level>
      <level label="ii">
        <text>provisions in the service contract, if feasible, for the hiring by the contractor of displaced employees; and</text>
      </level>
      <level label="iii">
        <text>prior notification to affected employees in accordance with § 13–218.1 of the State Finance and Procurement Article.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>A service contract that is not exempt under § 13–403(c) or § 13–404(b) of this subtitle shall be subject to a legislative audit to determine compliance with projected cost savings under subsection (c) of this section.</text>
    </level>
    <level label="2">
      <text>Audit findings from an audit conducted under paragraph (1) of this subsection shall be made available to the public.</text>
    </level>
  </level>
</section>
