Section 16-314.1 - Noncompetitive negotiation.
§ 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 for 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 utility of 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 the Director 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 for 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.
[2002, ch. 378; 2003, ch. 21, § 1.]