Md. EDUCATION Code Ann. § 16-314.1
§ 16-314.1. Noncompetitive negotiation (a) Application . -- This section applies to contracts in amounts not exceeding $ 100,000. (b) Awarding of procurement contract . -- The Board of Trustees of the Community College of Baltimore County may award a procurement contract on the basis of noncompetitive negotiation: (1) For unsolicited offers that: (i) Are in writing; (ii) Are sufficiently detailed to allow a judgment regarding the potential utilityof the offer; (iii) Are unique or innovative; (iv) Demonstrate the proprietary character of the offering warranting consideration of the use of competitive negotiation; (v) May be subject to testing under terms and conditions specified by theDirector of Purchasing; and (vi) Cannot be procured through competitive methodologies; (2) For the procurement of goods or services related to instruction or curriculum development; (3) For the procurement of services related to private fund-raising activities; or (4) Under other circumstances when the Director of Purchasing determines that noncompetitive negotiation is in the best interests of the College and the State. (c) Standards and procedures . -- (1) The Board of Trustees of the Community College of Baltimore County shall establish standards and procedures for the application of subsection (b) of this section to a particular transaction. (2) The standards and procedures shall require: (i) The office, division, or department requesting noncompetitive negotiation to submit a written justification to the Director of Purchasing; (ii) A written determination by the Director of Purchasing that noncompetitive
negotiation is in the best interest of the College and the State; and (iii) The written approval of the award of the contract on the basis of noncompetitive negotiation by the Board of Trustees.
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