Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.01 - Board of Public Works › Section 21.02.01.04 - Delegation of Procurement and Contracting Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Repealed.
B. The Department of
				General Services. The Board hereby delegates authority to the Secretary of
				General Services for the approval and award of the following procurement
				contracts within the Department's jurisdiction:
(1) Capital construction contracts,
				construction-related services contracts, information technology contracts,
				including information processing equipment, cloud computing equipment and
				associated services, and information technology system modernization, as
				provided in State Finance and Procurement Article, Title 3.5, Subtitle 3,
				Annotated Code of Maryland, telecommunication equipment systems or services as
				provided in State Finance and Procurement Article, Title 3.5, Subtitle 4,
				Annotated Code of Maryland, service contracts, architectural and engineering
				contracts, maintenance contracts, contracts for rental vehicles supplied to
				using agencies in accordance with COMAR
				21.02.05.08, secondary competition
				awards, renewal options, and modifications in accordance with COMAR
				21.05.13.06, capital construction
				change orders, capital construction-related service change orders, information
				processing equipment and associated services change orders, cloud computing
				services change orders, and information technology system and cybersecurity
				upgrades change orders in accordance with State Finance and Procurement
				Article, Title 3.5, Subtitle 3, in the amount of $200,000 or less;
(2) For any single item of equipment or
				single equipment lease, equipment contracts and leases of equipment in the
				amount of $200,000 or less, unless funded with general obligation bond proceeds
				which must be approved by the Board regardless of amount;
(3) Contract modifications, excluding
				construction contract change orders, that:
(a) Do not materially change the scope of the
				original contract,
(b) Individually
				do not change the amount of the contract, or any cost component of the
				contract, by more than $50,000, or
(c) Exercise by a using agency a contract
				option of $200,000 or less;
(4) Invoices necessary for the administration
				of capital improvement contracts;
(5) All contracts for the purchase of
				commodities and supplies, except for contracts for single items of equipment or
				single equipment leases in an amount over $200,000;
(6) Contracts in the amount of $100,000 or less
				resulting from sole source procurement;
(7) Contracts in the amount of $50,000 or
				less resulting from competitive sealed bidding or competitive sealed proposals
				procurements in which only one bid or offer was received;
(8) Leases for agency-supplied employee
				housing;
(9) Purchasing, leasing,
				and rental contracts for the acquisition of motor vehicles for use by State
				officials and employees, pursuant to State Finance and Procurement Article,
				Title 3, Subtitle 5, Annotated Code of Maryland;
(10) Procurements by the Department for the
				purpose of modernizing cybersecurity infrastructure for the State valued below
				$1,000,000; and
(11) Energy
				Performance Contracts.
(a) A procurement
				agency shall consult with the Department of General Services during the
				development phase of a project that will require an energy performance
				contract.
(b) Before issuing a
				request for proposals for an energy performance contract, a procurement agency
				shall consult with the Department of General Services and the Chief Procurement
				Officer.
(c) The Department of
				General Services shall review the proposed request to ensure that it meets with
				the State energy standards and preserves the State's flexibility to investigate
				and use economically justifiable new technologies.
(d) A procuring agency pursuing an energy
				contract must receive final approval from the Department of General Services
				before submitting the proposed contract to the Board of Public Works for
				approval.
(e) Notwithstanding any
				other provision of law and subject to the approval and control of the Board of
				Public Works and the Chief Procurement Officer, a unit of State government is
				authorized to enter into energy performance contracts of up to 30 years'
				duration.