(a) Scope of section. This section applies to:
(1) any person who assists the County in the drafting, development, or issuance of any aspect of specifications, an invitation for bids, a request for proposals, a request for qualifications, or any other document related to the solicitation of a procurement; and
(2) any person who employs an individual described in subsection (a)(1).
(b) Prohibited conduct. A person described in subsection (a) may not:
(1) submit a response to the solicitation of the procurement; or
(2) directly or indirectly assist or represent another person who is submitting a response to the solicitation of the procurement.
(c) Exceptions. For the purposes of this section, the following do not constitute assisting the County in the drafting, development, or issuance of any aspect of specifications, an invitation for bids, a request for proposals, a request for qualifications, or any other document related to the solicitation of a procurement:
(1) providing descriptive literature, such as catalog sheets, brochures, technical data sheets, or standard specification "samples", whether or not solicited by the County;
(2) submitting comments on specifications, an invitation for bids, a request for proposals, a request for qualifications, or any other document related to the solicitation of a procurement if comments have been solicited from two or more persons as part of a request for information by the County or a pre-bid or pre-proposal process; or
(3) providing specifications for:
(i) an emergency procurement;
(ii) a sole source procurement; or
(iii) a professional services procurement of architect or engineering services and information technology services through an open end agreement made in accordance with Article 8 of this Code and the Purchasing Manual.
(Bill No. 80-18)
State law reference – State Financing and Procurement Article, § 13-212.1.
Editor's note – Section 8-2-103 was originally codified as § 7-5-112. Similar state law provision was codified as General Provisions Article, § 5-508, which was repealed by Acts 2015, c. 271, § 1, eff. Oct. 1, 2015, and reenacted as State Finance and Procurement Article, § 13-212.1. As a result of this reenactment, the provisions in § 7-5-112 were reenacted as § 8-2-103.