§ 15-508. Participation in procurement [Amendment subject to abrogation].
(a) In general.- An individual or a person that employs an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or request for proposals may not:
(1) submit a bid or proposal for that procurement; or
(2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.
(b) Exemptions.- For purposes of subsection (a) of this section, assisting in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement does not include:
(1) providing descriptive literature such as catalogue sheets, brochures, technical data sheets, or standard specification "samples", whether requested by an executive agency or provided on an unsolicited basis;
(2) submitting written comments on a specification prepared by an agency or on a solicitation for a bid or proposal when comments are solicited from two or more persons as part of a request for information or a prebid or preproposal process;
(3) providing specifications for a sole source procurement made in accordance with § 13-107 of the State Finance and Procurement Article;
(4) providing architectural and engineering services for:
(i) programming, master planning, or other project planning services; or
(ii) the design of a construction project if:
1. the design services do not involve lead or prime design responsibilities or construction phase responsibilities on behalf of the State; and
2. A. the anticipated value of the procurement contract at the time of advertisement is at least $2,500,000 and not more than $100,000,000; or
B. regardless of the amount of the procurement contract, the payment to the individual or person for the design services does not exceed $500,000; or
(5) providing specifications for an unsolicited proposal procurement made in accordance with § 13-107.1 of the State Finance and Procurement Article.
§ 15-508. Participation in procurement [Amendment subject to abrogation].
(a) In general.- An individual or a person that employs an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or request for proposals may not:
(1) submit a bid or proposal for that procurement; or
(2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.
(b) Exemptions.- For purposes of subsection (a) of this section, assisting in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement does not include:
(1) providing descriptive literature such as catalogue sheets, brochures, technical data sheets, or standard specification "samples", whether requested by an executive agency or provided on an unsolicited basis;
(2) submitting written comments on a specification prepared by an agency or on a solicitation for a bid or proposal when comments are solicited from two or more persons as part of a request for information or a prebid or preproposal process;
(3) providing specifications for a sole source procurement made in accordance with § 13-107 of the State Finance and Procurement Article;
(4) providing architectural and engineering services for:
(i) programming, master planning, or other project planning services; or
(ii) the design of a construction project if:
1. the design services do not involve lead or prime design responsibilities or construction phase responsibilities on behalf of the State; and
2. A. the anticipated value of the procurement contract at the time of advertisement is at least $2,500,000 and not more than $100,000,000; or
B. regardless of the amount of the procurement contract, the payment to the individual or person for the design services does not exceed $500,000; or
(5) providing specifications for an unsolicited proposal procurement made in accordance with § 13-107.1 of the State Finance and Procurement Article.
§ 15-508. Participation in procurement [Amendment subject to abrogation].
(a) In general.- An individual or a person that employs an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or request for proposals may not:
(1) submit a bid or proposal for that procurement; or
(2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.
(b) Exemptions.- For purposes of subsection (a) of this section, assisting in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement does not include:
(1) providing descriptive literature such as catalogue sheets, brochures, technical data sheets, or standard specification "samples", whether requested by an executive agency or provided on an unsolicited basis;
(2) submitting written comments on a specification prepared by an agency or on a solicitation for a bid or proposal when comments are solicited from two or more persons as part of a request for information or a prebid or preproposal process;
(3) providing specifications for a sole source procurement made in accordance with § 13-107 of the State Finance and Procurement Article;
(4) providing architectural and engineering services for:
(i) programming, master planning, or other project planning services; or
(ii) the design of a construction project if:
1. the design services do not involve lead or prime design responsibilities or construction phase responsibilities on behalf of the State; and
2. A. the anticipated value of the procurement contract at the time of advertisement is at least $2,500,000 and not more than $100,000,000; or
B. regardless of the amount of the procurement contract, the payment to the individual or person for the design services does not exceed $500,000; or
(5) providing specifications for an unsolicited proposal procurement made in accordance with § 13-107.1 of the State Finance and Procurement Article.
