1. (a)

   1. (1) Whenever a procurement officer determines that there is only 1 available source for the subject of a procurement contract, the procurement officer may award the procurement contract without competition to that source.

   2. (2) Before awarding a procurement contract to a sole source, the procurement officer shall obtain:

      1. (i) the approval of the head of the unit; and
      2. (ii) any other approval required by law.

2. (b)

   1. (1) Subject to paragraphs (2) and (3) of this subsection, with the prior written approval of the Attorney General, a unit may enter into a sole source contract to obtain the services of a contractor in connection with:

      1. (i) threatened or pending litigation;
      2. (ii) appraisal of real property for acquisition by the State; or
      3. (iii) collective bargaining.

   2. (2) This subsection applies only to a procurement in which:

      1. (i) a unit obtains the services of a contractor to represent the State; and
      2. (ii) the nature of the services to be performed requires confidentiality.
   3. (3) This subsection does not apply if the unit reasonably can anticipate a continuing need for a contractor described in paragraph (1)(ii) or (iii) of this subsection.
3. (c) Not more than 30 days after the execution and approval of a procurement contract awarded under this section, a unit shall publish in eMaryland Marketplace notice of the award.

Added by Acts 1988, c. 48, § 2, eff. Oct. 1, 1988. Amended by Acts 1988, c. 368, § 1, eff. Oct. 1, 1988; Acts 1994, c. 615, § 1, eff. June 1, 1994; Acts 2004, c. 515, § 2, eff. July 1, 2006; Acts 2009, c. 587, § 1, eff. Oct. 1, 2009; Acts 2009, c. 588, § 1, eff. Oct. 1, 2009.