1. (a) The Department may certify a service contract to the Board of Public Works as provided in this section.

2. (b) The Department may certify a service contract as being exempt from the preference stated in § 13-402 of this subtitle if:

   1. (1) State employees are not available to perform the services;
   2. (2) a conflict of interest would result if a State employee were to perform the services;
   3. (3) the nature of the services meets the standards set by the Department for emergency appointments;
   4. (4) 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
   5. (5) a clear need exists to obtain an unbiased finding or opinion, such as an expert witness in litigation.

3. (c) The Department may certify a service contract that is not exempt under subsection (b) of this section only if:

   1. (1) the unit that seeks to enter into the service contract has complied with § 13-405 of this subtitle; and

   2. (2) the Department finds that:

      1. (i) the potential economic advantage of entering into the service contract is not outweighed by the preference stated in § 13-402 of this subtitle;
      2. (ii) the service contract does not adversely affect the affirmative action efforts of this State;
      3. (iii) the service contract includes adequate control mechanisms to ensure that the services will be performed in accordance with the service contract; and
      4. (iv) the service contract complies with all of the requirements of Division II of the State Finance and Procurement Article.

Added by Acts 1993, c. 10, § 2, eff. Oct. 1, 1993. Renumbered from State Personnel and Pensions § 12-404 and amended by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996. Amended by Acts 1996, c. 349, § 13, eff. July 1, 1996; Acts 1997, c. 20, § 3, eff. April 8, 1997; Acts 2008, c. 503, § 1, eff. Oct. 1, 2008.

Formerly Art. 64A, §§ 60, 63.