Skip to main content
Find a Lawyer

Maryland Code, State Personnel and Pensions § 13-404

Current as of January 01, 2025 | Updated by Findlaw Staff

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

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

(1) State employees are not available to perform the services;

(2) a conflict of interest would result if a State employee were to perform the services;

(3) the nature of the services meets the standards set by the Department for emergency appointments;

(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) a clear need exists to obtain an unbiased finding or opinion, such as an expert witness in litigation.

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

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

(2) the Department finds that:

(i) the potential economic advantage of entering into the service contract is not outweighed by the preference stated in § 13-402 of this subtitle;

(ii) the service contract does not adversely affect the affirmative action efforts of this State;

(iii) the service contract includes adequate control mechanisms to ensure that the services will be performed in accordance with the service contract; and

(iv) the service contract complies with all of the requirements of Division II of the State Finance and Procurement Article.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Maryland Code, State Personnel and Pensions § 13-404 - last updated January 01, 2025 | https://codes.findlaw.com/md/state-personnel-and-pensions/md-code-st-pers-and-pens-sect-13-404/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard