reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 01 - GENERAL PROVISIONS › Chapter 21.01.03 - Applicability › Section 21.01.03.04 - Conflicts

Current through Register Vol. 51, No. 14, July 12, 2024
This title does not apply to any procurement or contract to
				  the extent of any conflict with:
A. A
				governing federal law, regulation, assistance instrument, or other requirement;
				or
B. The terms of any gift as
				defined in Article 1, § 22, Annotated Code of Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 01 - GENERAL PROVISIONS › Chapter 21.01.03 - Applicability › Section 21.01.03.05 - Waiver or Modification of Requirement for Contracts to be Performed Outside the United States

Current through Register Vol. 51, No. 14, July 12, 2024
Except as set forth in State Finance and Procurement Article,
				  §
									12-104(b),
				  Annotated Code of Maryland, the Board may modify or waive the requirements of
				  this title as to a procurement contract or a class of contracts that are to be
				  performed entirely outside the United States to the extent:
A. The basic purposes of State Finance and
				Procurement Article, §
									11-201,
				Annotated Code of Maryland, are maintained;
B. The circumstances of the procurement
				require the modification or waiver; and
C. Foreign contractors are expected to be
				involved in the procurement.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 01 - GENERAL PROVISIONS › Chapter 21.01.03 - Applicability › Section 21.01.03.06 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Board of Public Works may waive or vary particular
				  provisions of this title to the extent that the waiver or variance is not
				  inconsistent with State statutes if:
A. In the Board of Public Works'
				determination, the application of a regulation in a specific case or in an
				emergency situation would be inequitable or contrary to the purposes of State
				law; and
B. The Office of the
				Attorney General approves the waiver for form and legal sufficiency.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 01 - GENERAL PROVISIONS › Chapter 21.01.03 - Applicability › Section 21.01.03.07 - Renewable Energy Contracts - Waiver of Mandatory Termination Clause

Current through Register Vol. 51, No. 14, July 12, 2024
A. For contracts
				procuring energy generated from a Tier 1 or a Tier 2 renewable source as
				defined in Public Utility Companies Article, §7-701, Annotated Code of
				Maryland, and on the recommendation of the Secretary of General Services, the
				Board may modify or waive the requirement to include an automatic termination
				clause in multi-year contracts provided in COMAR
				21.07.01.10A.
B. In determining whether to
				modify or waive the requirement, the Board of Public Works shall consider the
				effect of requiring the termination clause under COMAR
				21.07.01.10A on
				the ability of the energy supplier to obtain financing for the renewable energy
				generation project that produces the energy that the State is
				procuring.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 01 - GENERAL PROVISIONS › Chapter 21.01.03 - Applicability › Section 21.01.03.08 - MARC Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. An entity as
				defined in State Finance and Procurement Article, §
									12-501,
				Annotated Code of Maryland, that submits a bid or proposal in response to a
				Department of Transportation solicitation for Maryland Area Regional Commuter
				(MARC) service that is funded wholly or in part with public funds shall comply
				with the requirements of State Finance and Procurement Article, Title 12,
				Subtitle 5, Annotated Code of Maryland.
B. An entity awarded a procurement contract
				to provide MARC service in accordance with State Finance and Procurement
				Article, §
									12-509(c),
				Annotated Code of Maryland, is considered to have satisfied the requirements of
				State Finance and Procurement Article, §§
									12-505
				-12-507, Annotated Code of Maryland, for all future procurement contracts to
				provide MARC service.
C. A bidder
				or offeror for a procurement contract to provide MARC service may not submit a
				bid protest under COMAR 21.10.02 relating to the requirements of State Finance
				and Procurement Article, Title 12, Subtitle 5, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.01 - Board of Public Works › Section 21.02.01.01 - Power and Authority Over Procurement

Current through Register Vol. 51, No. 14, July 12, 2024
Except as provided in State Finance and Procurement Article,
				  §
									12-101,
				  Annotated Code of Maryland, the Board may control all procurement by State
				  agencies.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.01 - Board of Public Works › Section 21.02.01.02 - Duties, Responsibilities, and Authority Over Procurement and Contracting

Current through Register Vol. 51, No. 14, July 12, 2024
A. For the
				purpose of carrying out the provisions of State Finance and Procurement Article
				of the Annotated Code of Maryland, the Board has been vested with the authority
				to set policy and to adopt regulations which are consistent with those
				provisions.
B. The Board may
				exercise any authority conferred on a department by State Finance and
				Procurement Article of the Annotated Code of Maryland and, to the extent that
				its action in exercising this authority is inconsistent with the action of any
				department, the action of the Board shall prevail.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.01 - Board of Public Works › Section 21.02.01.03 - Designation of Control and Procurement Authorities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Control Authorities. The Board recognizes
				the following control authorities:
(1) State
				Treasurer;
(2) Department of
				General Services;
(3) Department
				of Transportation; and
(4)
				Maryland Port Commission
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.01 - Board of Public Works › Section 21.02.01.05 - Review and Approval of the Award of Procurement Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Action Agendas.
(1) Except as otherwise provided in COMAR
				21.05.06, the Board shall review and approve the award of those procurement
				contracts not delegated under this chapter, before execution.
(2) The departments shall prepare a separate
				item for each procurement contract not delegated under this chapter, and shall
				submit the items to the Board in accordance with the following procedures:
(a) The Department of General Services shall
				submit the items on the Department of General Services Action Agenda;
(b) The Department of Transportation and the
				Maryland Transportation Authority shall submit the items on the Department of
				Transportation's Action Agenda;
(c)
				The University System of Maryland shall submit items requiring Board approval
				pursuant to COMAR
				21.01.03.01A -1E
				on a supplement to the Board Secretary's Action Agenda;
(d) For those specific projects as may be authorized
				from time to time by the General Assembly and to the extent so authorized, the
				Maryland Environmental Service shall submit the items on the Board Secretary's
				Action Agenda; and
(e) Morgan
				State University and St. Mary's College of Maryland shall submit the items on
				the Board Secretary's Action Agenda.
(3) The procurement agencies shall:
(a) Pursuant to COMAR
				21.05.06.02, submit, as an
				appendix to the Board Secretary's Action Agenda for the Board's subsequent
				review, a separate item for each award of an emergency procurement contract or
				emergency contract modification that, with prior modifications, aggregates in
				excess of $50,000. Each procurement agency shall be responsible for defending
				its own emergency procurements to the Board.
(b) Pursuant to COMAR
				21.05.06.03, submit each expedited
				item as an appendix to the appropriate control agency's action agenda whenever
				a procurement agency requests the Board's approval to make an expedited
				procurement, and whenever the outcome of a previously approved expedited
				procurement is being reported.
(4) The departments also shall submit on the
				appropriate Action Agenda for the Board's prior review and approval, the award
				of any procurement contract containing a clause which permits the laws of a
				jurisdiction other than Maryland to prevail.
(5) The Board reserves the right to require
				that any particular procurement contract be brought before the Board for final
				disposition on one of the Action Agendas.
(6) A department may request that any
				particular procurement contract be brought before the Board for final
				disposition on one of the Action Agendas.
(7) Except as otherwise provided in COMAR
				21.05.06, the award of any procurement contract which must be submitted to the
				Board for approval pursuant to this chapter may not take effect until it has
				been approved by the Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.01 - Board of Public Works › Section 21.02.01.06 - Review and Approval of the Award of Certain Procurement Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
Multiyear procurement contracts for services and supplies
				  where the contract term, including the exercise of any option, extends beyond 1
				  fiscal year are subject to the review and approval procedures required under
				  this chapter and, in addition, the departments shall determine and certify to
				  the Board on the appropriate Action Agenda or PAAR:
A. That estimated requirements cover the
				period of the contract and are reasonably firm and continuing; and
B. That the contract will serve the best
				interests of the State by encouraging effective competition or otherwise
				promoting economies in State procurement.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.01 - Board of Public Works › Section 21.02.01.07 - Review of Determinations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Procedures for the Board's review of sole source and emergency procurement
				contracts requiring written determinations are contained in this
				chapter.
B. All other written
				determinations required by this title are subject to review by audit for
				compliance purposes.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.01 - Board of Public Works › Section 21.02.01.08 - Procedures for Certification of Adequacy of Appropriations and Availability of Funds

Current through Register Vol. 51, No. 14, July 12, 2024
Every contract and any changes or additions to it are subject
				  to prior written approval by the agency head or designee in the using agency
				  and certification by the appropriate fiscal authority as to the adequacy of
				  appropriations and the availability of funds. Certification of the fund source
				  of those contracts which are required to be reviewed and approved by the Board
				  shall appear as an integral part of the corresponding Action Agenda or PAAR
				  items of the submitting State agency.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.02 - Maryland State Board of Contract Appeals › Section 21.02.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Maryland
				State Board of Contract Appeals was created by Chapter 775, Acts of 1980 to
				take effect on July 1, 1981 and to replace and expand upon the scope,
				jurisdiction, and authority of the Transportation Board of Contract Appeals
				which was established by Chapter 418, Acts of 1978 effective July 1,
				1978.
B. The Appeals Board is an
				independent agency within the Executive Branch and shall consist of three
				full-time members qualified to serve in a quasi-judicial capacity and
				possessing a thorough knowledge of procurement practices and processes. The
				Chairman and other members are appointed by the Governor with the advice and
				consent of the State Senate.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.02 - Maryland State Board of Contract Appeals › Section 21.02.02.02 - Jurisdiction

Current through Register Vol. 51, No. 14, July 12, 2024
The Appeals Board shall have jurisdiction to hear and decide
				  all disputes arising under a contract with any State agency, or as a result of
				  a breach of a contract with any State agency, or as a result of a protest
				  relating to the award of a contract with any State agency, except as provided
				  in COMAR 21.10.02.02A. he
				  Appeals Board has no jurisdiction over labor disputes or a contract claim
				  relating to a lease of real property.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.02 - Maryland State Board of Contract Appeals › Section 21.02.02.03 - Regulations and Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
The administrative procedure and regulations of the Appeals
				  Board appear under Subtitle 10, Administrative and Civil Remedies, of this
				  title.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.04 - Department of Transportation › Section 21.02.04.01 - Duties, Responsibilities, and Authority of the Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary of
				Transportation shall promulgate, update, and amend internal policy guidelines
				to supplement the regulations issued pursuant to Division II of the State
				Finance and Procurement Article.
B.
				The Secretary may contract with any person to provide services, including
				consultant services, for the Department or for any transportation-related
				purpose (Transportation Article, §
									2-103(h),
				Annotated Code of Maryland).
C. The
				Secretary may exercise or perform any power or duty that any unit in the
				Department may exercise or perform (Transportation Article, §
									2-103(g)),
				Annotated Code of Maryland.
D. The
				Secretary may transfer, assign, and reassign any power or duty from any
				Administration to the Secretary's Office or to any other Administration in the
				Department (Transportation Article, §
									2-103(f),
				Annotated Code of Maryland).
E. The
				Secretary is Chairman of the Maryland Transportation Authority which, acting on
				behalf of the Department, has jurisdiction over certain transportation
				facilities projects (Transportation Article, §§
									4-201 -4-205,
				Annotated Code of Maryland).
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.05 - Department of General Services › Section 21.02.05.01 - Duties, Responsibilities, and Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary of General Services shall
				promulgate, update, and amend internal policy guidelines to supplement the
				regulations issued pursuant to Division II of the State Finance and Procurement
				Article, Annotated Code of Maryland.
B. The Secretary may contract with any person
				to provide services, including consultant services, for the Department or for
				using agencies.
C. The Secretary
				may exercise or perform any power or duty that any unit in the Department may
				exercise or perform.
D. The
				Secretary may transfer, assign, and reassign any power or duty from any unit in
				the Department to the Secretary's office or to any other unit in the
				Department.
E. The Secretary,
				through the Office of State Procurement within the Department, shall publish a
				Maryland State Procurement Manual that contains procurements standards,
				guidance, procedures, and best practices for agencies under the procurement
				authority of the Department. The Maryland State Procurement Manual shall be
				accessible by any person responsible for conducting procurement on behalf of or
				under the authority of the Department and the general public.
F. Specific Powers and Duties.
(1) The Secretary has specific powers and
				duties for:
(a) The design and construction
				of public improvements;
(b)
				Maintenance;
(c) The purchasing of
				supplies (except insurance);
(d)
				Services;
(e) Information
				technology; and
(f) The leasing of
				equipment, vehicles, and real property.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.05 - Department of General Services › Section 21.02.05.02 - Construction Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Office
				of Facilities Planning, Engineering, and Construction. The Department's Office
				of State Procurement is responsible for conducting the procurements for State
				construction projects. This Office shall prepare or cause to be prepared
				contract documents, shall advertise and solicit bids as appropriate, and shall
				manage the contract award process. The Department's Office of Facilities
				Planning, Engineering, and Construction shall administer the development and
				completion of the project.
B.
				Obtaining Services. The using agency may initiate a service request by
				submitting a program describing the work required to the Office of Facilities
				Planning, Engineering, and Construction. The program shall be submitted in
				accordance with instructions in the Program Manual. Following the receipt of
				the program, the Department's Office of Facilities Planning, Engineering, and
				Construction shall begin the process to obtain the required public
				improvements, and shall submit the requisition to the Office of State
				Procurement.
C. Using Agency
				Responsibilities. Before the contract is let, the Department of General
				Services shall provide a written recommendation for acceptance or rejection of
				the contract award to the using agency. During construction, an official
				representative of the using agency shall attend the job initiation, progress,
				punch-out, and any other meeting convened to expedite or review the development
				of the project.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.05 - Department of General Services › Section 21.02.05.03 - Maintenance Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Control. The Department is responsible for the control of maintenance contracts
				and provides direction and assistance to the using agencies in their
				procurement and development of maintenance contracts.
B. Delegation of Purchasing Authority to
				Using Agencies. The Department may establish policies and procedures permitting
				State agencies to enter into maintenance contracts with a value of less than
				$200,000, without concurrence of the Department. The procedures are described
				in the Maryland State Procurement Manual.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.05 - Department of General Services › Section 21.02.05.04 - Commodity Procurement

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Delegation of Purchasing Authority to Using Agencies.
(1) Department of General Services Selects
				Exemptions. The Department reserves the right to delegate, either by commodity
				class or dollar value, certain purchase authority to using agencies. These
				classes and dollar exemptions are identified in the Maryland State Procurement
				Manual. Delegated purchases are subject to any review, reporting, or auditing
				requirements established by the Department. Authority delegated by the
				Department under this regulation may be rescinded at the Department's
				discretion.
(2) Using Agency May
				Request Authority Delegation. A using agency may write the Department and
				present justification for a procurement which it wishes exempted from the
				Department's award authority.
(3)
				Integrity in Application of Exemption Policies. A using agency may not
				deliberately circumvent a dollar threshold purchase exemption by subdividing a
				requirement into smaller quantities. This prohibition also applies to
				purposefully reducing the order quantities and buying more
				frequently.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.05 - Department of General Services › Section 21.02.05.05 - Leasing Real Property

Current through Register Vol. 51, No. 14, July 12, 2024
Leasing of real property shall be in accordance with the
				  Department's Space Management Manual which identifies the responsibilities of
				  the using agencies and the procedures of the lease acquisition
				  process.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.05 - Department of General Services › Section 21.02.05.06 - Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				is responsible for the control of service contracts and provides direction and
				assistance to the using agencies in their procurement and development of
				service contracts pursuant to their delegated authority.
B. Except as provided in §C of this
				regulation, this regulation applies to solicitations, contracts, and contract
				modifications to existing contracts issued by State agencies funded from any
				source (including nonbudgeted funds and reimbursable funds), which may be used
				to subsidize, purchase, lease, or otherwise procure contractual
				services.
C. The following are
				exempt from this regulation:
(1) Architectural
				and engineering services contracts of the Departments of General Services and
				Transportation;
(2) Contracts for
				acquisition and construction of capital improvements, leases, and maintenance
				services procured through or by the Departments of General Services and
				Transportation;
(3) Contracts for
				higher education student government self-supporting activities, when the funds
				being used for the payment were collected from non-State sources, provided that
				all transmittals and invoices are annotated to certify that all funds being
				used for the payment were collected from non-State sources;
(4) The sale of forest products;
(5) Banking, investment, and other financial
				services contracts authorized by State Finance and Procurement Article, §
										12-107,
				Annotated Code of Maryland; and
(6)
				Contracts for insurance and insurance-related services obtained pursuant to
				State Finance and Procurement Article, Title 9 and § 12-107, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.05 - Department of General Services › Section 21.02.05.07 - Procurement of State-Owned Motor Vehicles

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) This regulation applies to all mopeds and
				motor vehicles as defined by Transportation Article, §§
										11-134.1,
				11-135, and
				11-176, Annotated Code
				of Maryland.
(2) Exempt from this
				regulation are vehicles assigned to persons with written exceptions from the
				Secretary.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.05 - Department of General Services › Section 21.02.05.08 - Procurement of Rental Vehicles

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The Secretary of General Services may periodically enter into contracts with
				automobile rental firms to supply rental vehicles to using agencies.
B. Using agencies requiring the use of rental
				vehicles shall acquire them in accordance with the terms and conditions of the
				State contract or as specified by the Secretary of General Services, or
				both.
C. Using agencies requiring
				the use of rental vehicles not covered by the contracts referenced in §A
				of this regulation may acquire them using applicable small procurement
				procedures in accordance with COMAR 21.05.07 with the prior approval of the
				Secretary of General Services.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.05 - Department of General Services › Section 21.02.05.09 - Acquisition of Temporary Personnel Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary of General Services may
				enter into contracts with contractors providing temporary personnel services to
				supply certain classes of temporary personnel services.
B. The Secretary of General Services shall
				notify all using agencies of the prices at which temporary personnel services
				may be obtained and the procedure to be followed to obtain these services under
				the contracts referenced in §A of this regulation.
C. The Secretary of General Services or
				designee may permit exceptions to these procedures upon written request and
				justification.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.07 - Comptroller of the Treasury › Section 21.02.07.01 - Duties, Responsibilities, and Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Comptroller shall promulgate, update,
				and amend internal policy guidelines to supplement the regulations issued
				pursuant to this title.
B. When not
				acting in the capacity as a member of the Board, the Comptroller's principal
				responsibility under this title is for the prompt and expeditious payment of
				valid invoices from contracts approved and submitted by State agencies. The
				Comptroller's General Accounting Division will document and notify in writing
				the concerned State agency and the appropriate promulgating authorities of this
				regulation when the agency has delayed payments. A "delayed payment" condition
				exists when the date of an individual request for payment received by the
				General Accounting Division is greater than 25 days from the date the proper
				invoice is received or the date the services, supplies, maintenance,
				construction, construction-related, architectural, or engineering services are
				received and accepted, whichever is later. In this event, the individual
				request will be considered delayed unless the invoice is a disputed invoice
				under Regulation .02C.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.07 - Comptroller of the Treasury › Section 21.02.07.02 - Procedures for Processing Contractors' Invoices

Current through Register Vol. 51, No. 14, July 12, 2024
State agencies shall determine before approval and
				  transmittal of any invoice to the Comptroller, the following:
A. That the contract has been satisfied
				pursuant to:
(1) Its terms and conditions,
				particularly the payment and performance schedule and that the contractor is to
				be properly compensated, if the contract so allows, for any "delayed payment"
				conditions;
(2) This title;
				and
(3) State Finance and
				Procurement Article, Division II.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.07 - Comptroller of the Treasury › Section 21.02.07.03 - Nonpayment and Delayed Payment of Invoices

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to State Finance and Procurement
				Article, §
									7-222,
				Annotated Code of Maryland, the Comptroller may not authorize payment to a
				contractor who has submitted an invoice if that contractor is indebted to any
				unit of the State by virtue of unpaid taxes or other obligations owed in an
				amount of $50 or more.
B. If taxes
				or other obligations are owed to the State, payment shall be deferred and the
				contractor shall be timely notified. Subsequent release of the deferred payment
				shall be promptly made when the taxes or other obligations are satisfactorily
				resolved. The taxes or other obligations shall be resolved either by set-off of
				the amount due the contractor against the amounts due the State or by direct
				payment.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.08 - Procurement Improvement Council - Open Meetings › Section 21.02.08.01 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any
				open session of the Procurement Improvement Council, the general public is
				invited to attend and observe.
B.
				Except in instances when the Procurement Improvement Council expressly invites
				public testimony, questions, comments, or other forms of public participation,
				or when public participation is otherwise authorized by law, a member of the
				public attending an open session may not participate in the session.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.08 - Procurement Improvement Council - Open Meetings › Section 21.02.08.02 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				person attending an open session of the Procurement Improvement Council may not
				engage in any conduct, including visual demonstrations such as the waving of
				placards, signs, or banners, that disrupts the sessions or that interferes with
				the right of members of the public to attend and observe the session.
B. The presiding officer may order a person
				who persists in conduct prohibited by §A of this regulation, or who
				violates any other regulation concerning the conduct of the open session, to be
				removed from the session and may request police assistance to restore
				order.
C. The presiding officer may
				recess the session while order is restored.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.08 - Procurement Improvement Council - Open Meetings › Section 21.02.08.03 - Recording, Photographing, and Broadcasting of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member of the
				public, including any representative of the news media, may record discussions
				of the Procurement Improvement Council at an open session by means of a tape
				recorder or any other recording device if the device does not create an
				excessive noise that disturbs members of the Procurement Improvement Council or
				other persons attending the session.
B. A member of the public, including any
				representative of the news media, may photograph or videotape the proceedings
				of the Procurement Improvement Council at an open session by means of any type
				of camera if the camera:
(1) Is operated
				without excessively bright artificial light that disturbs members of the
				Procurement Improvement Council or other persons attending the session;
				and
(2) Does not create an
				excessive noise that disturbs members of the Procurement Improvement Council or
				other persons attending the session.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 02 - STATE PROCUREMENT ORGANIZATION › Chapter 21.02.08 - Procurement Improvement Council - Open Meetings › Section 21.02.08.04 - Recordings Not Part of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session made by a member of the
				  public, or any transcript derived from such a recording, may not be considered
				  a part of the record of any proceeding of the Procurement Improvement
				  Council.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.01 - General Regulations › Section 21.03.01.01 - Compliance Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. A State
				agency may not enter into a procurement contract except as permitted under
				State Finance and Procurement Article, Division II, and this title.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.01 - General Regulations › Section 21.03.01.02 - Contracts Void for Noncompliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in Regulation .03 or
				elsewhere in this title, if a procurement violates this title, the procurement
				contract is void.
B. If a
				procurement contract is void under this regulation, the contractor shall be
				awarded compensation for actual expenses reasonably incurred under the
				contract, plus a reasonable profit if the contractor:
(1) Has acted in good faith;
(2) Did not directly contribute to a
				violation of this title; and
(3)
				Had no knowledge of the violation before the procurement contract was
				awarded.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.01 - General Regulations › Section 21.03.01.03 - Contracts Voidable for Noncompliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may determine that a void
				procurement contract is voidable if the Board determines that:
(1) All parties have acted in good
				faith;
(2) Ratification of the
				procurement contract would not undermine the purposes of this title;
				and
(3) The violation, or series of
				violations, was insignificant or otherwise did not prevent substantial
				compliance with this title.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.01 - General Regulations › Section 21.03.01.04 - Delegation of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board hereby delegates to each Department head the authority necessary to make
				initial determinations under Regulations .02 and .03 as to those contracts
				within the Department's jurisdiction.
B. A Department head's initial determination
				and recommendation under §A shall be presented to the Board for final
				determination.
C. When the
				Department is acting as a procurement agency for a contract subject to review
				under Regulations .02 and .03, the delegation under §A is not affected
				unless the Board directs otherwise.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.01 - General Regulations › Section 21.03.01.05 - Incorporation by Reference of Regulatory Provisions In State Procurement Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A State
				procurement regulation may not change in any way a contractual obligation that
				was entered into before the effective date of the regulation.
B. If a law or regulation requires a
				procurement contract to contain a particular provision, the law or regulation
				is satisfied if the contract includes notice of the provision, including a
				description of its subject matter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.02 - Review of Contracts for Form and Legal Sufficiency › Section 21.03.02.01 - Approval Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
Except as provided in Regulation . 02, before entering into a
				  procurement contract the State agency shall submit the contract to an attorney
				  designated by the Attorney General for written approval as to form and legal
				  sufficiency. Failure of the State agency to obtain the required written
				  approval does not affect the rights or remedies of the parties to the
				  contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.02 - Review of Contracts for Form and Legal Sufficiency › Section 21.03.02.02 - Standard Contract Forms

Current through Register Vol. 51, No. 14, July 12, 2024
If an attorney designated by the Attorney General approves a
				  contract form for form and legal sufficiency, approval of a particular contract
				  may not subsequently be required where the approved contract form is utilized
				  by a State agency without substantive modification or
				  alteration.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.03 - Fund Certification › Section 21.03.03.01 - Certification Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
Every contract, contract modification, change order, or
				  adjustment in contract price is subject to prior written approval by the
				  responsible manager as designated by the using agency and certification by the
				  appropriate fiscal authority as to the availability of funds and to the effect
				  of the modification, change, or adjustment on the project budget or the total
				  construction cost. If the certification discloses a resulting increase in the
				  project budget or total construction cost, the procurement officer may not
				  execute or make the modification, change, or adjustment unless sufficient funds
				  are available, or the scope of the project is adjusted to permit its completion
				  within the project budget.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.04 - Determinations › Section 21.03.04.01 - Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
Each determination required by the State Finance and
				  Procurement Article, Division II, Annotated Code of Maryland, or by this title
				  shall be:
A. In writing;
B. Based on written findings of, and signed
				by, the person who made the determination; and
C. Retained in the appropriate procurement
				file for at least 3 years.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.04 - Determinations › Section 21.03.04.02 - Electronic Records

Current through Register Vol. 51, No. 14, July 12, 2024
The requirements of Regulation .01 of this chapter may be
				  satisfied by electronic records and signatures.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.05 - Electronic Transactions › Section 21.03.05.01 - Electronic Procurements Authorized

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise
				prohibited by law, a primary procurement unit may conduct procurements by
				electronic means as provided in the Maryland Uniform Electronic Transactions
				Act, Commercial Law Article, Title 21, Annotated Code of Maryland.
B. Procurement transactions conducted by
				electronic means may include:
(1)
				Solicitations;
(2) Bids or
				proposals;
(3)
				Evaluations;
(4) Awards;
(5) Execution;
(6) Contract Administration;
(7) Protests; and
(8) Claims.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.05 - Electronic Transactions › Section 21.03.05.02 - Solicitation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				solicitation and contract shall state whether electronic transactions are
				permitted or required for that procurement. If the solicitation or contract
				does not specify that electronic transactions are permitted or required,
				bidders and offerors may not use electronic means for any part of the
				procurement.
B. If the electronic
				means are permitted or required, a solicitation or a contract shall
				specifically identify:
(1) Transactions for
				which electronic means are authorized;
(2) Specific means of conducting each
				authorized electronic transaction, including:
(a) Facsimile;
(b) Electronic mail;
(c) Specific electronic bidding
				platforms;
(d) Internet;
(e) Electronic funds transfer;
(f) Electronic data interchange;
				and
(g) Any other electrical,
				digital, magnetic, wireless, optical, or electromagnetic means of
				electronically conducting transactions;
(3) The format for electronic transmission of
				required information;
(4) The
				information processing systems to be used to conduct the electronic procurement
				transactions and how to access such systems;
(5) The time, place, and manner of receipt of
				electronic transactions from a bidder, offeror, or contractor; and
(6) The fees to be charged, if any, for use
				of the specified electronic means.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.05 - Electronic Transactions › Section 21.03.05.03 - Unauthorized Transactions Prohibited

Current through Register Vol. 51, No. 14, July 12, 2024
A. An attempt by a bidder, offeror, or contractor to conduct an electronic procurement transaction may not be considered by the procurement officer unless law, regulation, the solicitation, or contract specifically authorizes the electronic means for the specified transaction.
B. An attempt by a bidder, offeror, or contractor to conduct a transaction by electronic means, including any acknowledgement, bid, proposal, or claim, does not satisfy the requirements of this title unless the solicitation or contract specifically authorizes the use of electronic means for the specified transaction.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 03 - STATE PROCUREMENT REGULATIONS AND CONTRACTS › Chapter 21.03.05 - Electronic Transactions › Section 21.03.05.04 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. A unit utilizing
				electronic means to conduct procurement transactions, or a private contractor
				furnishing electronic means to the State for conducting procurement
				transactions, may charge a reasonable fee to a bidder or offeror for the use of
				the electronic means.
B. A fee may
				not be charged under §A of this regulation unless it is approved by the
				Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 04 - SPECIFICATIONS › Chapter 21.04.01 - General Policies › Section 21.04.01.01 - General Definition

Current through Register Vol. 51, No. 14, July 12, 2024
A specification as used in this title means a clear and
				  accurate description of the functional characteristics or the nature of an item
				  to be procured. It may include a statement of any of the procurement agency's
				  requirements and may provide for submission of samples, inspection, or testing
				  of the item before procurement.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 04 - SPECIFICATIONS › Chapter 21.04.01 - General Policies › Section 21.04.01.02 - General Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				specification is the basis for procuring an item in a cost effective manner. It
				is the policy of the State that specifications be written so as to permit
				maximum practicable competition without modifying the State's requirements.
				Specifications may not be drawn in such a manner as to favor a single vendor
				over other vendors. When applicable, specifications shall include statements
				concerning:
(1) Low noise level pursuant to
				State Finance and Procurement Article, §
										14-403,
				Annotated Code of Maryland, and COMAR
				21.11.07.04D;
(2) Energy efficiency;
(3) Coal in heating systems pursuant to State
				Finance and Procurement Article, §
										14-404,
				Annotated Code of Maryland;
(4)
				Percentage price preference for products made from recycled materials pursuant
				to State Finance and Procurement Article, §
										14-405,
				Annotated Code of Maryland; and
(5)
				Preference for mercury-free products and equipment pursuant to State Finance
				and Procurement Article, §
										14-406,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 04 - SPECIFICATIONS › Chapter 21.04.01 - General Policies › Section 21.04.01.03 - Responsibility for Preparation

Current through Register Vol. 51, No. 14, July 12, 2024
The using agency is responsible for preparing the
				  specifications. The procuring agency shall require contractor compliance with
				  State Finance and Procurement Article §
									13-212.1,
				  Annotated Code of Maryland. To the extent practicable, functional or
				  performance criteria shall be emphasized while limiting design or other
				  detailed physical descriptions to those necessary to meet the needs of the
				  State.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 04 - SPECIFICATIONS › Chapter 21.04.01 - General Policies › Section 21.04.01.04 - Responsibility for Review and Approval

Current through Register Vol. 51, No. 14, July 12, 2024
The procurement officer or the procurement officer's designee
				  shall be responsible for reviewing the specifications for content, clarity, and
				  completeness and to ensure that the specification is nonrestrictive. Final
				  approval of the specifications shall rest with the procurement officer and
				  subsequently with the Department. Specifications may be revised by the
				  procurement officer for purposes of clarification as long as elements of the
				  specifications remain the same. Revisions which change the technical elements
				  of the specification may be made in consultation with the using
				  agency.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.01 - General Provisions › Section 21.05.01.01 - Methods of Source Selection

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise authorized by law, all State procurement
				  contracts shall be awarded by one of the following methods, at the procurement
				  officer's discretion, where applicable:
A. Competitive sealed bidding under COMAR
				21.05.02;
B. Competitive sealed
				proposals under COMAR 21.05.03;
C.
				Negotiated award after unsatisfactory competitive sealed bidding under COMAR
				21.05.04;
D. Noncompetitive
				negotiations:
(1) Sole source under COMAR
				21.05.05;
(2) Emergency and
				expedited under COMAR 21.05.06;