{"data":{"id":"us-md/md.-code-state-personnel-and-pensions-13-404","jurisdiction":"us-md","citation":"Md. Code, State Personnel and Pensions § 13–404","heading":"","body":"(a) The Department may certify a service contract to the Board of Public Works as provided in this section.\n(b) The Department may certify a service contract as being exempt from the preference stated in § 13-402 of this subtitle if:\n(1) State employees are not available to perform the services;\n(2) a conflict of interest would result if a State employee were to perform the services;\n(3) the nature of the services meets the standards set by the Department for emergency appointments;\n(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\n(5) a clear need exists to obtain an unbiased finding or opinion, such as an expert witness in litigation.\n(c) The Department may certify a service contract that is not exempt under subsection (b) of this section only if:\n(1) the unit that seeks to enter into the service contract has complied with § 13-405 of this subtitle; and\n(2) the Department finds that:\n(i) the potential economic advantage of entering into the service contract is not outweighed by the preference stated in § 13-402 of this subtitle;\n(ii) the service contract does not adversely affect the affirmative action efforts of this State;\n(iii) the service contract includes adequate control mechanisms to ensure that the services will be performed in accordance with the service contract; and\n(iv) the service contract complies with all of the requirements of Division II of the State Finance and Procurement Article.","path":["Article - State Personnel and Pensions"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsp\u0026section=13-404","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:01:07Z","sha256":"81e5aa1b3e1a92359e1f2c4f0594ddacffa9d4ee562814a67ced321e834ba394","source_id":"us-md","stale":false,"prev":"us-md/md.-code-state-personnel-and-pensions-13-403","next":"us-md/md.-code-state-personnel-and-pensions-13-405"},"notice":"GroundRules: Original legal text. Not legal advice."}