reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.04 - Procurement By Negotiated Award after Unsatisfactory Competitive Sealed Bidding › Section 21.05.04.04 - Award

Current through Register Vol. 51, No. 14, July 12, 2024
An award shall be made upon the basis of the most favorable
				  bid price or most favorable evaluated bid price submitted by a responsive and
				  responsible bidder. Tie bids shall be resolved pursuant to COMAR
				  21.05.02.14B.
				  otice of the award shall be published in eMaryland Marketplace by the
				  procurement agency not more than 30 days after the execution and approval of
				  the contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.05 - Sole Source Procurement › Section 21.05.05.01 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
If the procurement officer determines that a competitive
				  source selection method cannot be used because there is only one available
				  source for the subject of the contract or if the proposed contract is one that
				  is contemplated by Regulation .02C or D of this chapter, the procurement
				  officer, after obtaining the approval of the agency head and all other
				  approvals required by law or regulation, may award a contract without
				  competition to the sole source.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.05 - Sole Source Procurement › Section 21.05.05.02 - Conditions for Use

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sole source
				procurement is not permissible unless a requirement is available from only a
				single vendor. The following are some examples of circumstances which could
				necessitate sole source procurement:
(1) When
				only one source exists which meets the requirements;
(2) When the compatibility of equipment,
				accessories, or replacement parts is the paramount consideration;
(3) When a sole vendor's item is needed for
				trial use or testing;
(4) When a
				sole vendor's item is to be procured for resale;
(5) When certain public utility services are
				to be procured and only one source exists.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.05 - Sole Source Procurement › Section 21.05.05.03 - Negotiation in Sole Source Procurement

Current through Register Vol. 51, No. 14, July 12, 2024
The procurement officer shall conduct negotiations, as
				  appropriate, as to price, delivery, and terms.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.05 - Sole Source Procurement › Section 21.05.05.04 - Record of Sole Source Procurement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of award shall be published in
				eMaryland Marketplace by the procurement agency not more than 30 days after the
				execution and approval of the contract. This requirement does not apply to sole
				source procurements that fall within the small procurement regulations set
				forth in COMAR 21.05.07.
B. A
				record of sole source procurements shall be maintained that lists:
(1) Each contractor's name;
(2) The amount and type of each
				contract;
(3) A listing of the
				items procured under each contract; and
(4) The identification number of each
				contract file.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.06 - Emergency and Expedited Procurements › Section 21.05.06.01 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Emergency
				Procurement. Regulation .02 of this chapter is established for procurement of
				supplies, services, maintenance, commodities, information technology, leases,
				construction, or construction-related services in excess of $50,000 when
				competitive sealed bidding or competitive sealed proposals cannot be used in
				awarding or modifying a contract because of an emergency. Regulation .02 of
				this chapter does not apply to field change orders incidental to construction
				contracts. The procurement officer, with the approval of the agency head or
				designee, may award an emergency contract by other than competitive sealed
				bidding under COMAR 21.05.02 or competitive sealed proposals under COMAR
				21.05.03.
B. Expedited Procurement.
				Regulation .03 of this chapter is established for procurement of supplies,
				services, maintenance, commodities, information technology, leases,
				construction, or construction-related services in excess of $50,000 when
				competitive sealed bidding or competitive sealed proposals cannot be used in
				awarding a contract because urgent circumstances require expedited action, and
				the action is in the public interest and outweighs the benefits of both
				competitive sealed bidding and competitive sealed proposals.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.06 - Emergency and Expedited Procurements › Section 21.05.06.02 - Emergency Procurements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. An
				emergency procurement shall be limited to the procurement of only the types of
				items and quantities of items necessary to avoid or to mitigate serious damage
				to public health, safety, and welfare as further defined in COMAR
				21.01.02.01B. he
				initial term of an emergency contract or any emergency modification awarded
				under this regulation shall be limited to a maximum of 365 days. Any renewal
				options that are part of an emergency procurement award shall follow the rules
				for review and approval of renewal options, including review and approval by a
				control agency and the Board of Public Works as required under this
				title.
B. Authority.
(1) Any procurement agency may make an
				emergency procurement when an emergency arises and the agency's resulting need
				cannot be met through normal procurement methods.
(2) The procurement officer may award an
				emergency contract or make an emergency contract modification only with the
				approval of the agency head or designee.
(3) Except when delaying a procurement by up
				to 48 hours would likely result in imminent harm, after obtaining the approval
				of the head of the unit and before making an emergency procurement, the
				procurement officer shall obtain the approval of the use of emergency
				procurement procedures from the Chief Procurement Officer, or the Chief
				Procurement Officer's designee. Within 48 hours after receiving a request to
				use emergency procurement procedures, the Chief Procurement Officer or designee
				shall approve or disapprove the request. If the Chief Procurement Officer or
				designee does not approve or disapprove the request to use emergency
				procurement procedures within 48 hours after receiving the request, the request
				shall be considered to be approved.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.06 - Emergency and Expedited Procurements › Section 21.05.06.03 - Expedited Procurements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Authority.
(1) A procurement officer may make an
				expedited procurement when the following conditions have been met:
(a) The procurement officer has made the
				written determination required by §C of this regulation, and the agency
				head or designee has approved the determination; and
(b) The Board has approved the use of the
				expedited procurement method.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.07 - Small Procurement Regulations ($100,000 or Less) › Section 21.05.07.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Competitive bidding" means use of a small procurement solicitation to obtain oral or written bids (including sealed bids) from vendors.
(2) "Item" means supplies, commodities, services, information technology, maintenance, construction, and construction-related services.
(3) "Oral solicitation" means the procurement officer's oral description of the procurement to a vendor who reasonably may be expected to provide the required item.
(4) "Small procurement " means the use of the procedures set forth in this chapter to:
(a) Obtain items reasonably expected by the procurement officer to cost $100,000 or less;
(b) With respect to those procurements set forth in COMAR 21.01.03.03B, provide annual gross revenues to the contractor of $100,000 or less;
(c) With respect to the State Retirement Agency for purposes of administering Title 29, Subtitle 1 of the State Personnel and Pensions Article, spend $100,000 or less during a fiscal year for:
(i) Expenses related to independent medical evaluations by a physician; and
(ii) Any expenses related to testimony by the physician at administrative hearings on behalf of the Agency;
(d) With respect to the Department of Natural Resources, procure contracts for capital projects or maintenance with a value of $200,000 or less; or
(e) With respect to the Department of General Services or Department of Transportation, procure construction with a value of $200,000 or less.
(5) "Written solicitation" means the written description of the procurement.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.07 - Small Procurement Regulations ($100,000 or Less) › Section 21.05.07.02 - Authority

Current through Register Vol. 51, No. 14, July 12, 2024
The departments adopt this chapter to govern small
				  procurements.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.07 - Small Procurement Regulations ($100,000 or Less) › Section 21.05.07.03 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Use of the small
				procurement method described in this chapter shall be based on an initial
				decision by the procurement officer that the procurement satisfies the
				definition set forth in Regulation .01B(6) of this chapter.
B. To the extent that procurement departments
				delegate authority to using agencies to make small procurements, those
				procurements shall be made in accordance with procedures prescribed by the
				departments, the delegation, and this chapter. Consistent with the delegations
				made under this section, the heads of the using agencies shall designate, in
				writing, those procurement officers who may independently and finally authorize
				sole source small procurements.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.07 - Small Procurement Regulations ($100,000 or Less) › Section 21.05.07.04 - Categories

Current through Register Vol. 51, No. 14, July 12, 2024
Small procurements are classified in three categories:
A. Category I Small Procurements - $5,000 or less;
B. Category II Small Procurements - More than $5,000 but not more than $50,000; and
C. Category III Small Procurements - More than $50,000 but not more than $100,000, and, if a procurement for capital projects or maintenance by the Department of Natural Resources or a construction procurement by the Department of General Services or Department of Transportation, not more than $200,000.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.07 - Small Procurement Regulations ($100,000 or Less) › Section 21.05.07.05 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A procurement may not be artificially divided in order to use the small procurement method instead of the other procurement methods set forth in COMAR 21.05.01 or a lesser category defined under Regulation .04 of this chapter.
B. A procurement contract of more than $100,000 may not be awarded under the authority of this chapter unless:
(1) The unit obtains prior approval of the agency head or designee, and, if not a department, the appropriate control authority;
(2) The Department of General Services or Department of Transportation procures construction valued at $200,000 or less; or
(3) The Department of Natural Resources procures capital projects of maintenance valued at $200,000 or less.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.07 - Small Procurement Regulations ($100,000 or Less) › Section 21.05.07.06 - Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Solicitation
				Objective.
(1) Competition.
(a) The objective of soliciting bids or
				offers is to foster competition in obtaining needed items in a cost effective
				manner. In all small procurements, competition should be sought to the extent
				practical considering factors such as availability of vendors, dollar value of
				the procurement, cost of administering the procurement, and time available to
				make the procurement including delivery time. For Categories II and III
				responsive bids or acceptable offers from at least two vendors should be
				obtained.
(b) A solicitation shall
				include a summary of the factors used to determine the expected degree of
				minority business enterprise participation, including subcontracting
				opportunities identified for the project, any applicable North American
				Industry Classification System (NAICS) codes linked to the subcontracting
				opportunities, and the number of certified minority business enterprises in
				those industries.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.07 - Small Procurement Regulations ($100,000 or Less) › Section 21.05.07.07 - Small Procurement Contract Modifications

Current through Register Vol. 51, No. 14, July 12, 2024
Contract modifications to a small procurement contract shall
				  be administered in accordance with the delegations specified in COMAR
				  21.02.01.04A and
				  the procedures promulgated by the Departments.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.08 - Mandatory Written Solicitation Requirements › Section 21.05.08.01 - Public Information Act Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A public information act notice is a mandatory provision for
				  all requests for proposals. The following notice is preferred:
"Offerors should give specific attention to the
				  identification of those portions of their proposals that they deem to be
				  confidential, proprietary information or trade secrets and provide any
				  justification why such materials, upon request, should not be disclosed by the
				  State under the Access to Public Records Act, State Government Article, Title
				  10, Subtitle 6, Annotated Code of Maryland."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.08 - Mandatory Written Solicitation Requirements › Section 21.05.08.02 - Bid Bond Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Solicitations
				for construction contracts reasonably expected by the procurement officer to
				exceed $100,000 shall contain notice of bid security requirements (See COMAR
				21.06.07).
B. Solicitations for all
				other contracts reasonably expected by the procurement officer to exceed
				$50,000 and for which the procurement officer wishes to require bid security
				shall contain notice of the bid security requirements.
C. Notwithstanding A and B of this
				regulation, notice of bid security is required if a federal law or a condition
				of federal assistance for the contract requires it.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.08 - Mandatory Written Solicitation Requirements › Section 21.05.08.03 - Minority Business Enterprise Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A minority business enterprise notification is a mandatory
				  provision for all solicitations as follows:
"Minority business enterprises are encouraged to respond to
				  this solicitation".
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.08 - Mandatory Written Solicitation Requirements › Section 21.05.08.04 - Minority Business Enterprise Subcontract Participation Goal

Current through Register Vol. 51, No. 14, July 12, 2024
Any solicitation containing an MBE subcontract participation
				  goal, except small procurements made under COMAR 21.05.07, shall include a
				  clause the same as or similar to the following:
A. "An overall MBE subcontract participation
				goal of___percent of the total contract dollar amount, including all renewal
				option terms, if any, has been established for this procurement. By submitting
				a response to this solicitation, the bidder or offeror acknowledges the overall
				MBE subcontractor participation goal, and commits to achieving the goal by
				utilizing certified minority business enterprises or requests a full or partial
				waiver of the goal. "; or
B. "An
				overall MBE subcontract participation goal of___percent of the total contract
				dollar amount, including all renewal option terms, if any, has been established
				for this procurement. amount includes sub-goals of___percent of the total
				contract dollar amount to be allocated to certified minority business
				enterprises classified by the certification agency as women-owned businesses
				and___percent of the total contract dollar amount to be allocated to certified
				minority business enterprises classified by the certification agency as African
				American-owned businesses. The overall MBE subcontract participation goal
				includes the following subgoals, which have been established for this
				procurement:
___%for African-American MBEs,
___%for Asian-American MBEs,
___%for Hispanic-American MBEs, and
___%for Woman-Owned MBEs.
By submitting a response to this solicitation, the bidder or
				  offeror acknowledges the overall MBE subcontractor participation goal and
				  subgoals, and commits to achieving the overall goal and subgoals by utilizing
				  certified minority business enterprises, or requests a full or partial waiver
				  of the overall goal and subgoals."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.08 - Mandatory Written Solicitation Requirements › Section 21.05.08.06 - Arrearages

Current through Register Vol. 51, No. 14, July 12, 2024
An arrearages clause is a mandatory provision for all
				  solicitations. The language may be varied but shall contain the following
				  information:
"By submitting a response to this solicitation, a vendor
				  shall be deemed to represent that it is not in arrears in the payment of any
				  obligation due and owing the State of Maryland, including the payment of taxes
				  and employee benefits, and that it shall not become so in arrears during the
				  term of the contract if selected for contract award."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.08 - Mandatory Written Solicitation Requirements › Section 21.05.08.08 - Conflict of Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definitions.
(1) In this regulation, the
				following terms have the meanings indicated.
(2) Terms Defined.
(a) "Conflict of interest" means that,
				because of other activities or relationships with other persons:
(i) A person is unable or potentially unable
				to render impartial assistance or advice to the State;
(ii) The person's objectivity in performing
				the contract work is or might be otherwise impaired; or
(iii) A person has an unfair competitive
				advantage.
(b) Person.
(i) "Person" has the meaning stated in COMAR
				21.01.02.01B(64).
(ii) "Person" includes a bidder, offeror,
				contractor, consultant, or subcontractor or subconsultant at any tier, and also
				includes an employee or agent or any of them if the employee or agent has or
				will have the authority to control or supervise all or a portion of the work
				for which a bid or offer is made.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.08 - Mandatory Written Solicitation Requirements › Section 21.05.08.09 - Mercury Content

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mercury
				Content. If required under COMAR 21.11.07, a price preference not exceeding 5
				percent shall be applied in the evaluation of bids or proposals in favor of
				products that are mercury free or if stated elsewhere in the solicitation, to
				products containing the least amount of mercury. The following mercury
				affidavit shall be completed and returned with the bid or proposal.
B. Mercury Affidavit.
MERCURY AFFIDAVIT
AUTHORIZED REPRESENTATIVE THEREBY AFFIRM
				  THAT:
I am the _________________ (Title) and the duly authorized
				  representative of _______________________ (Business). I possess the legal
				  authority to make this affidavit on behalf of myself and the business for which
				  I am acting.
MERCURY CONTENT INFORMATION:
[] The product(s) offered do not contain mercury.
OR
[] The product(s) offered do contain mercury.
(1) Describe the product or product component
				that contains mercury.
(2) Provide
				the amount of mercury that is contained in the product or product component.
				Indicate the unit of measure being used.
I ACKNOWLEDGE THAT
this affidavit is to be
				  furnished to the procurement officer and may be distributed to units of (1) the
				  State of Maryland; (2) counties or other subdivisions of the State of Maryland;
				  (3) other states; and (4) the federal government. I further acknowledge that
				  this Affidavit is subject to applicable laws of the United States and the State
				  of Maryland, both criminal and civil, and that nothing in this affidavit or any
				  contract resulting from the submission of this bid or proposal shall be
				  construed to supersede, amend, modify, or waive, on behalf of the State of
				  Maryland, or any unit of the State of Maryland having jurisdiction, the
				  exercise of any statutory right or remedy conferred by the Constitution and the
				  laws of Maryland with respect to any misrepresentation made or any violation of
				  the obligations, terms and covenants undertaken by the above business with
				  respect to (1) this affidavit, (2) the contract, and (3) other affidavits
				  comprising part of the contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF
				  PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF
				  MY KNOWLEDGE, INFORMATION, AND BELIEF.
________________ By ___________________________
Date Signature
Print Name: _____________________________________
Authorized Representative and Affiant
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.08 - Mandatory Written Solicitation Requirements › Section 21.05.08.10 - Janitorial Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. A bid
				or proposal submitted in response to a solicitation for janitorial services
				shall include at a minimum:
(1) Labor
				costs;
(2) Cost of cleaning
				supplies; and
(3) Projected labor
				hours to satisfactorily complete the work.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Governmental entity" means:
(a) The federal government or an agency or
				other instrumentality of the federal government;
(b) Another state or an agency or other
				instrumentality of another state;
(c) A bistate or multistate agency;
(d) A county, municipal corporation, or other
				political subdivision of the State or of another state, or an agency or other
				instrumentality of the political subdivision;
(e) A bicounty or multicounty
				agency;
(f) A primary procurement
				unit or the University System of Maryland; or
(g) An affiliation, alliance, consortium, or
				group composed solely of governmental entities that is established for purposes
				of promoting intergovernmental cooperative purchasing.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.02 - Cooperative Purchasing Authorized

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to COMAR 21.02.01, a primary
				procurement unit may participate in, conduct, sponsor, or administer an
				intergovernmental cooperative purchasing agreement when a determination under
				Regulation .04 of this chapter is made.
B. A primary procurement unit may not
				sponsor, conduct, or participate in an intergovernmental cooperative purchasing
				agreement for architectural or engineering services except when the procurement
				is conducted by the State, and pursuant to COMAR 21.12.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.03 - Forms of Intergovernmental Cooperative Purchasing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Consolidated Requirements. The preferred
				form of intergovernmental cooperative purchasing is when participating
				governmental entities aggregate their common requirements for purposes of
				maximizing economies of scale when soliciting bids or proposals. Under this
				form:
(1) Each participating governmental
				entity agrees to procure its respective requirements from the successful bidder
				or offeror; and
(2) A lead
				jurisdiction conducts the procurement on behalf of all participants and either
				a master contract award or awards will be made by the lead jurisdiction on
				behalf of all participants, or, if stated in the solicitation, each participant
				may elect to award its own contract or contracts pursuant to the criteria
				stated in the invitation for bids or request for proposals.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.04 - Determinations Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				procurement officer for a primary procurement unit shall make a determination
				in accordance with §B or C of this regulation before the primary
				procurement unit may:
(1) Initially sponsor
				or participate in an intergovernmental cooperative purchasing
				agreement;
(2) Renew an
				intergovernmental cooperative purchasing agreement; or
(3) Modify an intergovernmental cooperative
				purchasing agreement.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.05 - Approvals Required

Current through Register Vol. 51, No. 14, July 12, 2024
Before awarding, sponsoring, or participating in an intergovernmental cooperative purchasing agreement, the procurement officer shall obtain the approval of the primary procurement unit head or designee, and any other approvals as required under this title.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.06 - Contract Types

Current through Register Vol. 51, No. 14, July 12, 2024
An intergovernmental cooperative purchasing agreement may be
				  in the form of a "Definite Quantity Contract" or an "Indefinite Quantity
				  Contract" (which includes requirements contracts), or any other contract type
				  permitted under COMAR 21.06.03.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.07 - Public Notice

Current through Register Vol. 51, No. 14, July 12, 2024
When a primary procurement unit is a named participant in a
				  solicitation for bids or proposals for an intergovernmental cooperative
				  purchasing agreement, or the unit acts as a sponsor of an agreement, and the
				  value of the procurement to be made by the State is expected to exceed $50,000,
				  public notice of the solicitation shall be given pursuant to COMAR 21.05.02.04.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.08 - State Sponsored Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
If a primary procurement unit sponsors an intergovernmental
				  cooperative purchasing agreement:
A.
				The solicitation shall contain all clauses, terms, and conditions required
				under this title as well as a summary of the factors used to determine the
				expected degree of minority business enterprise participation, including
				subcontracting opportunities identified for the project, any applicable North
				American Industry Classification System (NAICS) codes linked to the
				subcontracting opportunities, and the number of certified minority business
				enterprises in those industries;
B.
				The State's portion of the contract shall be awarded in the same manner as the
				contract would be awarded under this title if the unit was the sole participant
				under the contract, including compliance with all notice requirements; and
C. All procedures under this
				title, including procedures governing contract approvals, shall apply to the
				State's participation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.09 - Protests and Disputes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any
				protests or disputes, including contract claims, arising from the State's
				participation in a State-sponsored intergovernmental cooperative purchasing
				agreement shall be resolved in accordance with the provisions of this
				title.
B. If the State participates
				in an intergovernmental cooperative purchasing agreement sponsored by another
				governmental entity, a protest, dispute, or contract claim shall be handled in
				accordance with the provisions of the intergovernmental cooperative purchasing
				agreement.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.10 - Participation by Political Subdivisions in State Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A political subdivision of the State may participate under
				  any intergovernmental purchasing agreement sponsored by a primary procurement
				  unit in a manner consistent with the terms of the agreement.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.09 - Intergovernmental Cooperative Purchasing › Section 21.05.09.11 - Use of State-Sponsored Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The use of a State-sponsored contract by
				governmental entities who are potential participants is at the discretion of
				the governmental entity.
B.
				Participants may obtain their respective requirements by placing purchase
				orders or delivery orders against the State-sponsored contract in accordance
				with the contract.
C. Payment,
				inspection and acceptance, exercise of warranty rights, and other contract
				rights and obligations are the responsibility of the participant placing the
				purchase order or delivery order.
D. The participant who places the purchase
				order or delivery order is responsible for securing performance from the
				contractor. The failure of the contractor to perform for a participant does not
				require the State or other participants to default the contractor or otherwise
				to terminate the contract. Upon request of a participant, the State may
				cooperate with the participant to attempt to secure performance.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.10 - Construction Management at Risk › Section 21.05.10.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Construction management at risk" means a
				project delivery method wherein a construction manager provides a range of
				preconstruction services and construction management services which may
				include, but are not limited to, cost estimation and consultation regarding the
				design of the project, prequalifying and evaluating trade contractors and
				subcontractors, awarding the trade contracts and subcontracts, scheduling, cost
				control, and value engineering.
(2)
				"Construction manager" means the sole proprietorship, partnership, corporation,
				or other legal entity that provides construction management services.
(3) "Guaranteed maximum price (GMP)" means
				the agreed dollar amount for the construction and construction management
				services, including the specified scope of work, the cost of the trade work,
				the general conditions, contingency, and the fees charged by the construction
				management firm.
(4)
				"Preconstruction services" means services provided by the construction manager
				before construction which include, but are not limited to, constructability
				analysis, value engineering, scheduling, site assessments, and cost
				estimates.
(5) "Trade contract"
				means an agreement which sets out the terms and conditions upon which the
				construction manager engages trade contractors.
(6) "Trade contractor" means a subcontractor
				who specializes in a particular aspect of a construction project such as
				plumbing, electrical, or painting.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.10 - Construction Management at Risk › Section 21.05.10.02 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Procurement
				agencies not otherwise exempt from this title may not use the construction
				management at risk project delivery method for construction projects estimated
				at less than $10,000,000 without prior approval from the Board of Public
				Works.
B. Cost savings resulting
				from projects completed below the guaranteed maximum price may be shared
				between the procurement agency and the construction manager.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.10 - Construction Management at Risk › Section 21.05.10.03 - Selection of the Construction Manager

Current through Register Vol. 51, No. 14, July 12, 2024
A. Procurement agencies shall use the
				competitive sealed proposals procurement method under COMAR 21.05.03 to select
				the construction manager.
B.
				Procurement agencies shall obtain separate Board of Public Works approval for
				preconstruction services, regardless of dollar value, and each GMP that exceeds
				the Board delegations of procurement and contracting authority in COMAR
				21.02.01.04B.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.10 - Construction Management at Risk › Section 21.05.10.04 - Guaranteed Maximum Price

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				construction manager warrants that the work will be completed at or below the
				GMP with provisions for change order adjustments for owner-directed work that
				is outside the agreed-upon GMP work scope and not otherwise covered by the
				contingency.
B. The GMP shall be
				based on design documents that are not less developed than 50 percent
				construction documents for the applicable scope of work.
C. The GMP shall be agreed to as an amendment
				to the contract between the procurement agency and the construction
				manager.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.10 - Construction Management at Risk › Section 21.05.10.05 - Trade Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				construction manager assumes all risk for the cost, schedule, and performance
				of the trade contracts.
B. Trade
				contracts may be procured concurrently or over the life of the
				project.
C. The construction
				manager or procurement unit shall send the solicitation notice for trade
				proposals to the Governor's Office of Minority Affairs and publish the notice
				in a newspaper of general circulation near the project, or Internet media, or
				both, at least 14 days before trade proposals are due. If the construction
				manager restricts trade proposals to prequalified contractors, the solicitation
				notice shall include information on the prequalification process.
D. The procurement agency shall publish
				notice of the project, contact information of the construction manager, and
				general information on trade proposal solicitation on its website and eMaryland
				Marketplace.
E. The construction
				manager may, subject to approval by the procurement officer, select trade
				contractors based on evaluation factors other than low bid, including, but not
				limited to, MBE participation, past performance, and special
				qualifications.
F. The construction
				manager shall comply with the State's Nondiscrimination Clause as provided in
				State Finance and Procurement Article, §
									13-219,
				Annotated Code of Maryland, and the Commercial Nondiscrimination Policy as
				provided in State Finance and Procurement Article, Title 19, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.11 - Design-Build › Section 21.05.11.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms defined.
(1) "Design build" means a project delivery
				method in which a single entity is contractually responsible for both design
				and construction of a project.
(2)
				"Design professional" means an architect or professional engineer who is
				licensed to conduct business in the State of Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.11 - Design-Build › Section 21.05.11.02 - Determination on Use of the Design-Build Method

Current through Register Vol. 51, No. 14, July 12, 2024
Before the solicitation is issued, the procurement officer
				  shall prepare a written determination justifying the use of the design-build
				  method which addresses some or all of the following criteria:
A. The extent to which the unit can
				adequately define the project requirements;
B. Time constraints for delivery of the
				project;
C. Capability and
				experience of prospective contractors with the design-build method or similar
				experience;
D. Suitability of the
				project for use of the design-build method of project delivery with respect to
				time, schedule, costs, and quality factors; and
E. Capability of the agency to manage the
				project.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.11 - Design-Build › Section 21.05.11.03 - Licensing Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
Each design-builder shall employ or have as a partner,
				  member, officer, joint venture partner, or subcontractor at least one design
				  professional duly licensed and registered to do business in the
				  State.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.11 - Design-Build › Section 21.05.11.04 - Selection of the Design-Builder

Current through Register Vol. 51, No. 14, July 12, 2024
A. Selection of a design-builder shall be
				conducted using the multi-step sealed bid procurement method as provided in
				COMAR 21.05.02.17B or
				the competitive sealed proposals procurement method as provided in COMAR
				21.05.03.
B. The invitation for
				bids or request for proposals shall contain at a minimum:
(1) The minimum qualifications of the
				design-builder;
(2) Requirements
				for construction and design experience and experience in other design-build
				projects provided the requirements do not unduly restrict
				competition;
(3) The scope of work;
				and
(4) Responsibilities of the
				State and design-builder particularly in the areas of design defects and
				warranties.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.12 - Procurement of Human, Social, Cultural, and Educational Services › Section 21.05.12.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to procurements of human, social,
				  cultural, and educational services.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.12 - Procurement of Human, Social, Cultural, and Educational Services › Section 21.05.12.02 - Notice of Certain Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Locally Funded Contracts.
(1) This section
				applies to a solicitation for a contract to provide human, social, cultural, or
				educational services if the contract is to be funded in part by a county or by
				Baltimore City under a legislative mandate or prior agreement.
(2) Not later than the date the solicitation
				is publicly available, the procurement officer shall send a copy of it to the
				chief elected official, or designee, of the funding jurisdiction for review and
				comment. The procurement officer shall request the funding jurisdiction to
				provide its written comments within 30 days.
(3) The procurement officer may not award the
				contract without considering timely funding jurisdiction comments, if any,
				submitted pursuant to §A(2) of this regulation. The procurement officer
				shall make a determination with respect to any timely funding jurisdiction
				comments that are not to be implemented.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.12 - Procurement of Human, Social, Cultural, and Educational Services › Section 21.05.12.03 - Procurement Methods

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Competitive sealed proposals under COMAR 21.05.03 is the preferred method for
				procuring human, social, cultural, and educational services.
B. Human, social, cultural, and educational
				services may be procured in accordance with the competitive sealed bidding
				procurement method, COMAR 21.05.02.
C. Human, social, cultural, and educational
				services of $50,000 or less may be procured in accordance with the small
				procurement method, COMAR 21.05.07.
D. Human, social, cultural, and educational
				services may be procured in accordance with the sole source procurement method,
				COMAR 21.05.05, for the purpose of a demonstration project, or in accordance
				with COMAR
				21.05.05.02A or
				Regulation .06C of this chapter.
E.
				Human, social, cultural, and educational services may be procured in accordance
				with the emergency procurement method, COMAR 21.05.06, for the reasons
				specified in COMAR
				21.05.06.02, or when an
				unforeseeable condition that seriously threatens the health, safety, or general
				welfare of third-party clients causes an immediate and serious need that cannot
				be met through other procurement methods.
F. Human, social, and educational services
				may be procured in accordance with the noncompetitive negotiation procurement
				method, Regulation .04 of this chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.12 - Procurement of Human, Social, Cultural, and Educational Services › Section 21.05.12.04 - Noncompetitive Negotiated Procurement of Human, Social, or Educational Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Only
				human, social, or educational services may be procured by this
				method.
B. The noncompetitive
				negotiated procurement method may be used if:
(1) The procurement officer, with the
				approval of the agency head, determines that two or more sources for the
				services are available but that, because of the absence of effective
				competition, it is unreasonable to expect those sources to respond to an
				invitation for bids under COMAR 21.05.02 or request for proposals under COMAR
				21.05.03.
(2) The procurement is to
				obtain one of the following services:
(a) An
				employer in a program of on the job training for employment and training
				purposes;
(b) Group foster care
				services for children or adults under a negotiated rate system adopted by
				regulation; or
(c) The following
				services for the mentally ill:
(i)
				Residential rehabilitation services,
(ii) Community rehabilitation services
				(psychosocial), or (in) Therapeutic group home services for children and
				adolescents.