Md. Code Ann., State Fin. & Proc. § 12-105
Procurement Improvement Council
Effective Oct 1, 2023Added by Acts 1988, c. 48, § 2, eff. Oct. 1, 1988. Amended by Acts 1988, c. 246, § 4, eff. July 1, 1988; Acts 1989, c. 5, § 9, eff. March 9, 1989; Acts 1994, c. 750, § 1, eff. Oct. 1, 1994; Acts 1996, c. 349, § 13, eff. July 1, 1996; Acts 1997, c. 114, § 1, eff. July 1, 1997; Acts 2005, c. 14, § 1, eff. Oct. 1, 2005; Acts 2014, c. 82, § 1, eff. July 1, 2014; Acts 2017, c. 590, § 1, eff. Oct. 1, 2019; Acts 2017, c. 633, § 1, eff. June 1, 2017; Acts 2017, c. 634, § 1, eff. June 1, 2017; Acts 2021, c. 652, § 1, eff. July 1, 2021; Acts 2021, c. 653, § 1, eff. July 1, 2021; Acts 2023, c. 26, § 1, eff. Oct. 1, 2023; Acts 2023, c. 27, § 1, eff. Oct. 1, 2023.State of Maryland
- (a) In this section, “Council” means the Procurement Improvement Council.
- (b) There is a Procurement Improvement Council.
(c)
(1) The Council consists of the following members:
- (i) the State Treasurer;
- (ii) the Chancellor of the University System of Maryland;
- (iii) the Chief Procurement Officer;
- (iv) the Secretary of Information Technology;
- (v) the Secretary of Transportation;
- (vi) the Procurement Advisor of the Board;
- (vii) the Special Secretary for the Office of Small, Minority, and Women Business Affairs;
- (viii) the Secretary of Juvenile Services;
- (ix) the Secretary of Human Services;
- (x) the Secretary of Health;
- (xi) the State Superintendent of Schools;
- (xii) the Comptroller;
- (xiii) the Attorney General;
(xiv) the following individuals, appointed by the Governor with the advice and consent of the Senate:
- 1. a representative of local government who has expertise in local procurement matters;
- 2. two representatives of social service providers in the State; and
- 3. a representative of a minority-, women-, or veteran-owned business;
(xv) three members of the general public appointed by the presiding officers of the General Assembly, of whom:
- 1. at least one shall have expertise in State procurement matters; and
- 2. at least two shall represent a minority-, women-, or veteran-owned business;
- (xvi) a member of the Senate, appointed by the President of the Senate; and
- (xvii) a member of the House of Delegates, appointed by the Speaker of the House.
(2)
- (i) If the State Treasurer is unable to attend a meeting of the Council, the Treasurer may designate the Deputy Treasurer to attend the meeting.
- (ii) If a member of the Council listed in paragraph (1)(ii) through (xi) of this subsection is unable to attend a meeting of the Council, the member may designate a senior management staff member with experience in procurement to attend the meeting.
- (iii) If the Comptroller is unable to attend a meeting of the Council, the Comptroller may send a designee to attend the meeting.
- (iv) If the Attorney General is unable to attend a meeting of the Council, the Attorney General may send a designee to attend the meeting.
- (d) The Chief Procurement Officer is Chairman of the Council.
- (e) The Council shall meet at least quarterly each year.
- (f) The Chief Procurement Officer is the principal staff of the Council and the Council shall have any additional staff authorized in accordance with the State budget.
(g) The Council shall:
- (1) ensure that the State's procurement system is utilizing the most advanced procurement methods and management techniques, including policies, procedures, and forms for all procurement activity and contract management;
- (2) effect and enhance communication between State units on procurement matters, with an emphasis on disseminating information on current developments and advances in procurement methods and management;
(3) provide a forum for the discussion of specific procurement issues and problems that arise, including:
- (i) procurement officer training;
- (ii) risk analysis and insurance requirements;
- (iii) management of eMaryland Marketplace and other Internet procurement resources;
- (iv) use of eMaryland Marketplace and compliance with § 17-502 of this article;
- (v) use of intergovernmental cooperative purchasing agreements;
- (vi) strategies to increase the participation of small, minority-owned, and women-owned businesses in procurement contracts; and
- (vii) any other issues or problems identified by the Council;
- (4) advise the Board on problems in the procurement process and make recommendations for improvement of the process;
(5) review existing procurement regulations to:
- (i) determine whether they fulfill the intent and purpose of the law, especially as it relates to fostering broad-based competition; and
- (ii) make recommendations on the regulations, if revising and restructuring them will result in easier understanding and use; and
- (6) advise the General Assembly on proposed legislation in order to enhance the efficiency and transparency of State procurement.
Added by Acts 1988, c. 48, § 2, eff. Oct. 1, 1988. Amended by Acts 1988, c. 246, § 4, eff. July 1, 1988; Acts 1989, c. 5, § 9, eff. March 9, 1989; Acts 1994, c. 750, § 1, eff. Oct. 1, 1994; Acts 1996, c. 349, § 13, eff. July 1, 1996; Acts 1997, c. 114, § 1, eff. July 1, 1997; Acts 2005, c. 14, § 1, eff. Oct. 1, 2005; Acts 2014, c. 82, § 1, eff. July 1, 2014; Acts 2017, c. 590, § 1, eff. Oct. 1, 2019; Acts 2017, c. 633, § 1, eff. June 1, 2017; Acts 2017, c. 634, § 1, eff. June 1, 2017; Acts 2021, c. 652, § 1, eff. July 1, 2021; Acts 2021, c. 653, § 1, eff. July 1, 2021; Acts 2023, c. 26, § 1, eff. Oct. 1, 2023; Acts 2023, c. 27, § 1, eff. Oct. 1, 2023.