.07 Mercury and Products that Contain Mercury.

A. All procurement agencies shall give a preference under this regulation to procuring products and equipment that are mercury-free. If mercury-free products and equipment that meet the agency's product performance requirements are not commercially available, the procurement agency shall give preference under this regulation to products containing the least amount of mercury necessary to meet performance requirements.

B. Procurement solicitations for products that may contain mercury shall give a price preference not exceeding 5 percent to bids or proposals for products that are mercury free or, if the procurement solicitation states, to products containing the least amount of mercury. A procurement officer:

(1) Shall specify in any specific procurement solicitation, a price preference not exceeding 5 percent; and

(2) May limit competition in any specific procurement solicitation to only mercury-free products.

C. Notice of the requirements under §B of this regulation shall be included in procurement solicitations if mercury is known to be a likely component of the products being procured.

D. The head of a procurement agency or designee may determine that the price preference in §B of this regulation is not in the best interest of the State. If the head of a procurement agency or designee makes this determination, the procurement agency shall provide an alternative preference for products that are mercury free or for products containing the least amount of mercury.

E. In all written and electronic procurements where mercury is a component of the products being offered, bidders and offerors shall certify the mercury content of offered products to be eligible for the preference. The mercury affidavit in COMAR 21.05.08.09 may be used for this certification.