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Statutes Text

Article - State Finance and Procurement




§12–110.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Council” means the Council for the Procurement of Health, Educational, and Social Services.

        (3)    “Health, educational, and social services” means services procured to provide or assist in providing:

            (i)    support, care, or shelter to third–party clients under a contract; or

            (ii)    training to third–party clients under a contract.

        (4)    “Task Force Report” means the report entitled “Task Force Report to the Governor and the General Assembly on Procurement of Health, Education and Social Services by State Agencies” that was issued on November 30, 2011, by the Task Force to Study the Procurement of Health, Education, and Social Services by State Agencies.

    (b)    There is a Council for the Procurement of Health, Educational, and Social Services.

    (c)    (1)    The Council consists of the following members:

            (i)    the State Treasurer;

            (ii)    the Attorney General;

            (iii)    the Chief Procurement Advisor;

            (iv)    the State Superintendent of Schools;

            (v)    the Secretary of Budget and Management;

            (vi)    the Secretary of Juvenile Services;

            (vii)    the Secretary of Human Services;

            (viii)    the Secretary of Health;

            (ix)    the Director of the Governor’s Grants Office;

            (x)    the Executive Director of the Governor’s Office of Crime Prevention, Youth, and Victim Services;

            (xi)    the Deputy Director of the Division of Children and Youth of the Governor’s Office of Crime Prevention, Youth, and Victim Services;

            (xii)    the Special Secretary for the Office of Small, Minority, and Women Business Affairs;

            (xiii)    the Procurement Advisor of the Board;

            (xiv)    four representatives of private organizations with experience providing human services funded by contracts through State units, appointed by the Governor;

            (xv)    a member of the Senate, appointed by the President of the Senate; and

            (xvi)    a member of the House of Delegates, appointed by the Speaker of the House.

        (2)    (i)    If the State Treasurer is unable to attend a meeting of the Council, the Treasurer may designate a Deputy Treasurer to attend the meeting.

            (ii)    If a member of the Council listed in paragraph (1)(ii) through (xiii) of this subsection is unable to attend a meeting of the Council, the member may designate another senior management staff member with experience in procurement to attend the meeting.

        (3)    (i)    This paragraph applies to members of the Council appointed under paragraph (1)(xiv) of this subsection.

            (ii)    On or after July 1, 2014, the term of a member is 4 years.

            (iii)    The terms of members are staggered as required by the terms provided for members of the Council on July 1, 2014.

            (iv)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.

            (v)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

            (vi)    A member may not serve more than two consecutive terms, except that a member appointed before July 1, 2014, may serve one additional 4–year term when the member’s current term expires.

            (vii)    The Governor may remove a member for neglect of duty, incompetence, or misconduct.

    (d)    The Procurement Advisor is the Chair of the Council.

    (e)    The Council shall meet at least twice each year.

    (f)    The staffing responsibilities of the Council shall be shared by:

        (1)    the agencies represented on the Council; and

        (2)    additional staff that the Board authorizes in accordance with the State budget.

    (g)    The Council shall:

        (1)    advise the Board on specific steps necessary to implement the recommendations of the Task Force Report;

        (2)    monitor and report to the Board the progress of implementation of the recommendations in the Task Force Report;

        (3)    establish subcommittees or working committees consisting of members of the Council and interested parties to address or study specific issues;

        (4)    with regard to the procurement of health, educational, and social services:

            (i)    effect and enhance communication between State units on procurement matters, with an emphasis on disseminating information on current developments and advances in procurement methods and management;

            (ii)    provide a forum for the discussion of specific procurement issues and problems that arise;

            (iii)    advise the Board on problems in the procurement process and make recommendations for improvement to the procurement process; and

            (iv)    review existing procurement regulations to determine whether they fulfill the intent and purpose of the law, especially as the law relates to fostering broad–based competition and making effective use of State funds for the delivery of health, educational, and social services; and

        (5)    on or before December 31 of each year, report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the Council’s activities and recommendations regarding the procurement of health, educational, and social services by State agencies.



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