Maryland HB 1092: State Procurement – Emergency and Expedited Procurements – Revisions and Reporting

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. 
        [Brackets] indicate matter deleted from existing law. 
           *hb1092*   
  
HOUSE BILL 1092 
P2   1lr2696 
      
By: Delegate Rosenberg 
Introduced and read first time: February 5, 2021 
Assigned to: Appropriations and Health and Government Operations 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
State Procurement – Emergency and Expedited Procurements – Revisions and 2 
Reporting 3 
 
FOR the purpose of requiring a unit’s procurement officer to obtain approval from the Chief 4 
Procurement Officer or the Chief Procurement Officer’s designee before making an 5 
emergency   procurement   under   certain   circumstances;   requiring   the   Chief 6 
Procurement Officer or designee to approve or disapprove a certain request within a 7 
certain   time   frame   after   receiving   the   request;   providing   that   if   the   Chief 8 
Procurement  Officer  or  designee  does  not  approve  or  disapprove  a  certain  request 9 
within a certain time frame the request shall be considered to be approved; altering 10 
the time frame within which a procurement officer must submit a certain report to 11 
the Board of Public Works; specifying when a unit is required to publish notice of a 12 
certain  emergency  procurement  in  eMaryland  Marketplace;  requiring  a  unit  that 13 
awards a certain contract or contract modification as an emergency procurement to 14 
submit a certain report to the Board and a certain appropriate control agency within 15 
a certain period of time; specifying the contents of a certain report; authorizing the 16 
Board to adopt certain regulations; authorizing certain units of State government to 17 
make  a  procurement  on  an  expedited  basis  under  certain  circumstances; reducing 18 
the number of days after the end of each fiscal year that a primary procurement unit 19 
has to submit a certain report concerning certain procurement contracts; requiring 20 
a  primary  procurement  unit  to  submit a  certain report  to  the  Chief  Procurement 21 
Officer  instead  of  the  Governor  and the General  Assembly;  clarifying  the  types  of 22 
procurement contracts that must be included in a certain report; requiring a certain 23 
report to include certain information on certain types of procurements; requiring the 24 
Chief  Procurement  Officer,  within  a  certain  number  of  days  after  the  end  of  each 25 
fiscal  year,  to  submit  to  the  Governor  and  certain  committees  of  the  General 26 
Assembly  a consolidated  report  that  includes  each  report  submitted  to  the  Chief 27 
Procurement Officer by the primary procurement units as required under this Act; 28 
requiring that a report submitted to a committee of the General Assembly under this 29 
Act be submitted subject to a certain provision of law; providing for the application 30 

2 HOUSE BILL 1092  
 
 
of certain provisions of this Act; providing for the effective dates of this Act; defining 1 
a certain term; and generally relating to State procurement.  2 
 
BY repealing and reenacting, with amendments, 3 
 Article – State Finance and Procurement 4 
Section 13–108 and 15–111 5 
 Annotated Code of Maryland 6 
 (2015 Replacement Volume and 2020 Supplement) 7 
 
BY repealing and reenacting, with amendments, 8 
 Article – State Finance and Procurement 9 
Section 13–108 10 
 Annotated Code of Maryland 11 
 (2015 Replacement Volume and 2020 Supplement) 12 
 (As enacted by Section 1 of this Act) 13 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 
That the Laws of Maryland read as follows: 15 
 
Article – State Finance and Procurement 16 
 
13–108. 17 
 
 (a) IN    THIS    SECTION, “EMERGENCY” MEANS    AN    OCCURRENCE OR 18 
CONDITION  THAT  CREATES  AN  IMMEDIATE  AND SERIOUS  NEED  FOR  SERVICES, 19 
MATERIALS, OR SUPPLIES THAT: 20 
 
  (1) CANNOT  BE  MET  THROUGH  NORMAL  PROCUREMENT METHODS; 21 
AND 22 
 
  (2) ARE  REQUIRED TO  AVOID  OR  MITIGATE SERIOUS  DAMAGE  TO 23 
PUBLIC HEALTH, SAFETY, OR WELFARE.  24 
 
 (B) (1) Except as provided in § 11–205 (“Collusion”), § 10–204 (“Approval for 25 
designated contracts”), § 13–219 (“Required clauses – Nondiscrimination clause”), § 13–221 26 
(“Disclosures to Secretary of State”), Title 16 (“Suspension and Debarment of Contractors”), 27 
or Title 17 (“Special Provisions – State and Local Subdivisions”) of this article, with the 28 
approval of the head of a unit, its procurement officer may make an emergency procurement 29 
by any method that the procurement officer considers most appropriate to avoid or mitigate 30 
serious damage to public health, safety, or welfare. 31 
 
  (2) The procurement officer shall: 32 
 
   (i) obtain as much competition as possible under the circumstances; 33 
 

 HOUSE BILL 1092 3 
 
 
   (ii) limit  the  emergency  procurement  to  the  procurement  of  only 1 
those items, both in type and quantity, necessary to avoid or to mitiga