Maryland § 14-703

§ 14-703.

    (a)    (1)    Each unit shall structure procurement procedures, consistent with the purposes of this subtitle, to try to achieve an overall percentage goal of 20% of the unit’s total dollar value of procurement contracts for food being made directly or indirectly to certified local farms and certified Chesapeake invasive species providers.

        (2)    A unit may achieve the 20% goal through:

            (i)    competitive sealed bids and proposals; and

            (ii)    small procurement in accordance with § 13–109 of this article.

        (3)    For procurements conducted by competitive sealed bidding, a unit shall award the contract to the responsible bidder that submits the responsive bid that:

            (i)    1.    has the lowest bid price;

                2.    has the lowest evaluated bid price; or

                3.    for procurements subject to § 11–202(3) of this article, is the bid most favorable to the State; and

            (ii)    meets or makes a good faith effort to meet any applicable goal established under this subtitle.

        (4)    For procurements conducted by competitive sealed proposals, a unit shall award the contract to the responsible offeror:

            (i)    proposing the most advantageous offer; and

            (ii)    that meets or makes a good faith effort to meet any applicable goal established under this subtitle.

    (b)    The Office, in consultation with the Secretary of Agriculture, shall establish guidelines for each unit to consider when determining the appropriate local farm and Chesapeake invasive species provider participation percentage goal for a procurement contract for food in accordance with subsection (c) of this section.

    (c)    Each unit shall:

        (1)    consider the practical severability of all procurement contracts for food and, in accordance with § 11–201 of this article, may not bundle contracts;

        (2)    implement a program that will enable the unit to evaluate each procurement contract for food to determine the appropriate local farm and Chesapeake invasive species provider participation goals, if any, for the contract based on:

            (i)    the availability of certified local farms and certified Chesapeake invasive species providers to respond competitively to contract opportunities; and

            (ii)    the contract goal guidelines established under subsection (b) of this section;

        (3)    monitor and collect data with respect to a unit’s compliance with contract goals, including explanations for failing to meet contract goals; and

        (4)    institute corrective action when a unit does not make good faith efforts to comply with contract goals.

    (d)    The Office shall, in consultation with the Secretary of Agriculture, establish procedures governing how the participation of certified local farms and certified Chesapeake invasive species providers is counted toward contract goals under the Program.

    (e)    (1)    (i)    If a unit does not achieve the certified local farm and certified Chesapeake invasive species provider participation goals on a procurement contract for food, the unit shall demonstrate to the Office that the unit took all necessary and reasonable steps to achieve the goals.

            (ii)    A waiver of any part of the certified local farm and certified Chesapeake invasive species provider goals for a procurement contract for food shall be granted if a unit provides to the Office a reasonable demonstration of good faith efforts to achieve the goals.

        (2)    The Office may waive any of the requirements of this subsection relating to the establishment, use, and waiver of certified local farm and certified Chesapeake invasive species provider goals for a sole source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of those requirements.

        (3)    Except for waivers granted in accordance with paragraph (2) of this subsection, when a waiver determination is made, the Office shall issue the determination in writing.

        (4)    On or before October 31 each year, the Office shall submit directly to the Board an annual report of waivers requested and waivers granted under this subsection.

        (5)    The report required under paragraph (4) of this subsection shall contain the following information on those procurement contracts for food where the Office considered a unit’s request for waiver of all or a portion of the local farm and Chesapeake invasive species provider goals:

            (i)    the contract titles, numbers, and dates;

            (ii)    the number of waiver requests received;

            (iii)    the number of waiver requests granted; and

            (iv)    any other information specifically requested by the Board.

    (f)    The Board shall keep a record of information regarding any waivers requested in accordance with this section and submit a copy of the record to the Senate Committee on Education, Energy, and the Environment and the House Health and Government Operations Committee on or before December 31 each year, in accordance with § 2–1257 of the State Government Article.