reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 38 - MARYLAND STATE LIBRARY › Chapter 14.38.01 - Programs for Library Media Services › Section 14.38.01.07 - County Library Capital Project Grants Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, the following terms
				have the meanings indicated.
B.
				Terms Defined.
(1) "LLA" means local library
				agency or county library system.
(2) 'MSL " means the Maryland State Library
				Agency.
(3) "Project completion"
				means:
(a) Construction work has been
				completed in accordance with the contract documents;
(b) The project architect has issued a
				certificate of completion;
(c) The
				contractor has submitted the application for final payment; and
(d) The building has been accepted by the
				LLA.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.01 - Facility Database.

Current through Register Vol. 51, No. 14, July 12, 2024
The LEA shall update the IAC facility inventory when a
				  State-funded project is substantially complete.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.02 - Local Educational Facilities Master Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local educational facilities master plan
				is a written plan that includes:
(1)
				Educational goals, standards, and guidelines;
(2) Community analysis, concluding that the
				plan conforms to the adopted county and municipal comprehensive plan and growth
				management strategies;
(3) An
				inventory and evaluation of existing school buildings;
(4) Current and projected enrollment
				data;
(5) Analysis of future school
				facility needs;
(6) Policies for
				co-location, shared use, and shared cost of existing and planned school
				facilities;
(7) Policies to address
				school capacity needs in planned growth areas or to address adequate public
				facilities ordinance requirements; and
(8) Policies addressing current and planned
				transportation for students, administrators, and teachers per school.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.03 - Capital Improvement Program

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Local Submissions.
(1) Annually by the date
				the IAC specifies, each LEA with approval from its local board shall submit to
				the IAC a local capital improvement program for the next fiscal year that
				identifies and prioritizes:
(a) New
				construction projects, including replacement schools and additions, and
				renovation projects, including limited renovation projects, proposed for local
				planning approval;
(b) New
				construction projects, including replacement schools and additions, and
				renovation projects, including limited renovation projects, proposed for
				planning and design funding;
(c)
				New construction projects, including replacement schools and additions,
				renovation projects, including limited renovation projects, systemic renovation
				projects, and relocatable facilities proposed for funding approval;
				and
(d) New construction projects,
				including replacement schools and additions, and renovation projects, including
				limited renovation projects, that the LEA has locally funded and for which the
				LEA seeks planning approval and funding approval.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.04 - State-Rated Capacity

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definition. In this regulation, State-rated capacity means the number of
				students that the IAC or its designee determines that an individual school has
				the physical capacity to enroll.
B.
				Elementary Schools.
(1) For purposes of
				determining State-rated capacity, elementary schools are schools enrolling
				students in one or more grades from prekindergarten through grade 6.
(2) An elementary-school classroom is a
				space in which the majority of the school day is spent in instruction of the
				core curriculum.
(3) The approved
				capacity for an elementary school classroom is:
(a) Prekindergarten classroom - 20;
(b) Kindergarten classroom - 22;
(c) Grades 1 through 5 classroom - 23;
(d) Grade 6 classroom - 25; and
(e) Special education classroom -
				10.
(4) State rated
				capacity for an individual elementary school is calculated according to the
				following formula:
(a) Multiply the number of
				classrooms in each grade by the approved capacity for that grade; and
(b) Then add the resulting products.
(5) Open-space classroom
				capacity is calculated according to the following formula:
(a) Divide the open space area by a square foot number the IAC
				determines;
(b) Next, round the
				quotient to the nearest whole number; and
(c) Then, multiply the rounded quotient by the State-approved
				capacity for the elementary grade.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.05 - State Cost Share Percentage

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State
				may fund eligible costs of approved public school construction projects
				according to the State cost share percentage established in this
				regulation.
B. Percentages.
(1) The minimum State share of public school
				construction funding for eligible costs of approved projects is 50
				percent.
(2) Reductions in the cost
				share may not exceed 5 percent.
(3)
				Reduction in the cost share of 4 percent or more shall be phased in over the
				2-year period with a reduction of 2 percentage points in the first year and the
				remaining 2 or 3 percentage points in the second year.
(4) The maximum State share of public school
				construction funding is 100 percent of eligible costs of approved
				projects.
(5) The State share
				percentage for the Maryland School for the Blind shall be 93 percent of
				eligible costs of approved projects.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.06 - Maximum State Construction Allocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The maximum
				State construction allocation is the maximum amount the State may fund of
				eligible construction costs for each public school construction
				project.
B. The maximum State
				construction allocation for each approved public school construction project is
				set in the State capital improvement program.
C. The maximum State construction allocation
				is set at the first year of construction funding approval.
D. The actual funding is based on the costs
				of approved contracts and may be less than the maximum State construction
				allocation.
E. Gross Area
				Baselines.
(1) The gross area baseline is the
				product of the approved student enrollment and the baseline gross square
				footage per student, and may be adjusted by the IAC on a case-by-case basis,
				based upon presented evidence of program need.
(2) The approved student enrollment may be
				reduced only if the sum of available seat count in all adjacent schools is 15
				percent or more of the project school's enrollment.
(3) The baseline gross square footage per
				student is set by the IAC and may be adjusted by the IAC on a case-by-case
				basis, based upon presented evidence of program need.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.07 - Changes to the Maximum State Construction Allocation

Current through Register Vol. 51, No. 14, July 12, 2024
After the IAC sets the maximum State construction allocation
				  in the State capital improvement program:
A. The IAC may reduce the maximum State
				construction allocation if a local board changes a decision that was a reason
				for setting the approved scope of the project; and
B. The IAC may increase the maximum State
				construction allocation for a systemic renovation project when the LEA has
				sufficient reserve funds available based on the following:
(1) The LEA submits:
(a) The final project scope of work;
				and
(b) A cost estimate developed by
				a design professional licensed in the State of Maryland or the bid tabulation
				for the project; and
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.08 - Early Planning and Design Funding Allocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The early planning and design funding
				allocation is the maximum amount the State may fund of eligible planning and
				design costs for a public school construction project.
B. The early planning and design funding
				allocation for each approved public school project is set in the State capital
				improvement program.
C. The early
				planning and design funding allocation may not exceed 10% of a preliminary
				maximum State construction allocation as set forth in Regulation .06 of this
				chapter and as calculated in the year of the request for early planning and
				design funding.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.09 - Rescinding Planning Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				If, within 2 years after a project is approved for planning, no part of the
				project is under contract for design, the IAC may determine the project to be
				abandoned and rescind the planning approval.
B. An LEA that seeks reapproval of a project
				whose planning approval has been rescinded shall submit a new planning request
				in a future local capital improvement program.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.10 - Rescinding Funding Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				If, within 2 years after funding is made available for a project, no part of
				the project is under contract for construction, the IAC shall determine that
				the project is abandoned and rescind the funding approval.
B. When the IAC rescinds funding approval,
				the IAC shall reserve the funding for another eligible project in the county in
				the current fiscal year or for eligible projects in the county in the next
				fiscal year.
C. Funds reserved for
				a county that have not been used to place a project under contract within 2
				years of the date the funds were reserved shall be available for any project
				approved in a future State capital improvement program.
D. An LEA that seeks reapproval of a project
				whose funding approval has been rescinded shall submit a new funding request in
				a future local capital improvement program.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.11 - Eligible Expenditures

Current through Register Vol. 51, No. 14, July 12, 2024
The following expenditures may be eligible for State
				  funding:
A. Planning, including
				feasibility studies, programs, educational specifications, equipment
				specifications, and other planning work that occurs prior to the start of
				design.
B. Design expenses and other
				ancillary costs, including architectural and engineering fees, construction
				management services, geotechnical surveys, and other services necessary to
				complete the architectural specifications for a school project.
C. New construction, as follows:
(1) Construction of a new school facility,
				that is, work necessary to construct a new school facility, including building
				and site development;
(2) Additions
				to an existing facility, that is, work necessary to increase space at an
				existing school facility, including:
(a)
				Building and site development; and
(b) Work to physically integrate the addition into the existing
				school;
(3) Replacement
				of a building or building portion, that is, work necessary to reconstruct a
				school facility that cannot be economically repaired or renovated, including
				building and site development; and
(4) Modular construction, that is, factory-fabricated structures
				that have the same quality systems and materials as used for permanent school
				construction and that meet the standards of the COMAR
				05.02.04;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.12 - Ineligible Expenditures

Current through Register Vol. 51, No. 14, July 12, 2024
The following expenditures are ineligible for State
				  funding:
A. Site acquisition;
B. Offsite development costs except those
				listed as eligible in Regulation .10 of this chapter;
C. Master plans;
D. Projects proposed in buildings or portions
				of buildings that have been constructed or renovated within 15 years, except
				that a building or portion of a building in which a limited renovation was
				performed is eligible for additional work within 15 years of the date that the
				limited renovation construction was completed;
E. Systemic renovation projects to replace,
				upgrade, or renovate building systems that have been replaced, upgraded, or
				renovated within 15 years.
F.
				Ancillary construction costs such as:
(1)
				Permits;
(2) Bid
				advertising;
(3) Water and sewer
				connection charges;
(4) Models;
				or
(5) Renderings;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.13 - Site Selection

Current through Register Vol. 51, No. 14, July 12, 2024
A. An LEA
				shall submit a proposed site to the Maryland Department of Planning through the
				Public School Construction Program for:
(1)
				Acquisition of a new site for a new or a replacement school;
(2) Use of an existing site for a new school
				or a replacement school that adds capacity; or
(3) Redesignation of an existing site for a
				new school or a replacement school that adds capacity.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.14 - New Construction, Renovation, and Limited Renovation Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation
				applies to new construction, renovation, and limited renovation projects
				approved in the State capital improvement program.
B. Architects and Engineers. The LEA shall
				ensure that:
(1) The plans, specifications,
				and related documents are developed under the supervision and responsibility of
				an architect or engineer who is licensed to practice in the State, unless
				waived by the IAC or its designee;
(2) Unless waived by the IAC or its designee,
				the design of site development or structural, mechanical, or electrical systems
				includes the design services of a professional engineer licensed to practice in
				the State with experience in civil, structural, mechanical, or electrical
				engineering;
(3) The
				architect/engineer agreement includes:
(a)
				Cost control provisions;
(b)
				Assurance that the project design is in accordance with the Department of
				General Services procedure manual for professional services standards for
				energy conservation, life cycle costs analysis, and roofing; and
(c) IAC or its designee review and approval
				of the schematic, design development, and construction documents as
				required.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.15 - Systemic Renovations

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				regulation applies to systemic renovation projects approved in the State
				capital improvement program.
B. A
				systemic renovation project:
(1) Extends for
				at least 15 years the life of a properly maintained school building or
				component that is 16 years old or older;
(2) Installs, upgrades, replaces, or
				renovates one of the following building systems or system components:
(a) Architectural and structural;
(b) Mechanical;
(c) Plumbing;
(d) Electrical;
(e) Fire safety;
(f) Communications; and
(g) Vertical conveying systems; and
(3) May include reasonably related
				components of other building systems as determined by the IAC or its
				designee.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.16 - State-Owned Relocatable Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to State-owned
				relocatable projects approved in the State capital improvement
				program.
B. A relocatable project
				is one in which the State:
(1) Provides a
				relocatable facility to an LEA, including moving and installing the facility;
				and
(2) Contributes funding only to
				the initial installation and the final removal of the relocatable
				facility.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.17 - Emergency Repairs

Current through Register Vol. 51, No. 14, July 12, 2024
A. An emergency
				condition is a condition in a school building or on school grounds that:
(1) Presents an immediate health or safety
				hazard, or a threat of severe damage to the school building or grounds;
				and
(2) Could not have been
				reasonably foreseen through regular inspections or corrected through a regular
				preventive maintenance program.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.18 - Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Comprehensive
				Maintenance Plan.
(1) A comprehensive
				maintenance plan is a written plan approved by the local board of education
				that describes a strategy for maintaining public school facilities.
(2) Annually, each LEA shall submit to the
				IAC a comprehensive maintenance plan that is compatible with the local
				educational facilities master plan and the local capital improvement
				program.
(3) The IAC or its
				designee shall notify the LEA of concerns and recommendations about the
				comprehensive maintenance plan.
(4)
				The LEA shall resolve the IAC's issues to the reasonable satisfaction of the
				IAC or its designee.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.19 - Aging Schools Program

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				There is an Aging Schools Program. The Aging Schools Program is separate from
				the State capital improvement program.
B. Purpose. An LEA may use Aging Schools
				Program funds for capital improvements, repairs, and deferred maintenance of
				school buildings or building components that are 16 years old or
				older.
C. Funding.
(1) Allocations for each LEA are set forth in
				Education Article, §
										5-206, Annotated Code of
				Maryland.
(2) The State cost share
				percentage does not apply to projects funded through the Aging Schools Program.
				The State may fund all eligible costs of an approved Aging Schools Program
				project. An LEA may provide additional funds to increase the scope of work or
				cost for an approved project.
(3)
				An LEA may not use Aging Schools Program funds to supplement the State
				allocation received for any other project.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.20 - Change in School Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				LEA shall report to the IAC changes in:
(1) A
				school name; and
(2) Use of a
				school when the school will be used for educational purposes other than as a
				school or when a school will be left vacant, as provided in Regulations .21 and
				.22 of this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.21 - Change in School Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				LEA shall report to the IAC changes in:
(1)
				(text unchanged)
(2) Use of a
				school when the school will be used for educational purposes other than as a
				school or when a school will be left vacant, as provided in Regulations .22 and
				.23 of this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.22 - Temporary or Partial Change in School Use

Current through Register Vol. 51, No. 14, July 12, 2024
A. When an LEA uses more than 10 percent of a
				school building for educational purposes other than as a school for 5 years or
				less, the LEA shall notify the IAC of the use, the anticipated time for the
				use, and the expected date for reactivation as a school.
B. When an LEA leases more than 10 percent of
				a school building for 5 years or less:
(1)
				The LEA shall request IAC approval to lease by providing the IAC the
				information in §A of this regulation and a copy of the proposed lease;
				and
(2) The IAC may require the LEA
				to:
(a) Pay the State a proportional share of
				the lease proceeds based on the proportion of the State's investment in the
				school; and
(b) Assume the
				outstanding debt remaining for bonds, the proceeds of which were used to
				construct or renovate the school.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.23 - Non-Public School Use Exceeding 5 Years

Current through Register Vol. 51, No. 14, July 12, 2024
When the LEA uses more than 10 percent of a school building
				  other than as a public school for more than 5 years and the State has debt
				  remaining for bonds, the proceeds of which were used to construct or renovate
				  that school, the IAC may require the LEA to pay a proportion of any lease
				  proceeds and assume the remaining State debt, all calculated as of the date the
				  LEA first began to use the school for purposes other than as a
				  school.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.24 - Local Board Transfer of School Property to County Government

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this chapter, the following terms have
				the meanings indicated.
(2) Terms
				Defined.
(a) "School property" means any land,
				school site, or school building;
(b) "Local board transfer to county
				government" includes, in the case of Baltimore City, the City's change of the
				dedicated use of the property.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.25 - County Government Disposition of School Property

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition.
(1) In this regulation, the following term
				has the meaning indicated.
(2) Term
				Defined. "School property" means any land, school site, or school
				building.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.26 - Assumption of State Debt, Capital Lease Financing Balances, and Disposition Proceeds

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Pursuant to Education Article, §
									5-308, Annotated Code of
				Maryland, the IAC:
(1) Shall require
				reimbursement of debt service from a county for a school property that:
(a) Is sold by the county government; or
(b) Meets all the following:
(i) Was initially constructed or
				substantially altered by additions, alterations, or renovations, and the cost
				of the construction at the time of execution exceeded $100,000, and the work
				was accomplished after February 1, 1971;
(ii) Is no longer used for school
				purposes;
(iii) Has had title
				transferred to county government;
(iv) Is being used for local governmental
				purposes by the State or county, or by any instrumentality of the State or
				county other than public education; and
(v) Has outstanding debt that exceeds
				$5,000;
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.27 - Audits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The IAC or its
				designee may conduct financial audits and compliance audits of each LEA that
				receives State funds.
B. Audit
				items may include:
(1) Transactions and
				balances reported on financial reports and close-out forms;
(2) LEA internal controls and management
				authorizations;
(3) Items
				ineligible for State participation; and
(4) Compliance with 'IAC regulations and IAC
				policies and procedures.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.28 - Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Reconsideration
				of Staff Determination.
(1) An LEA
				dissatisfied with a determination made by the IAC's designee may request the
				IAC to reconsider the determination.
(2) The LEA shall submit a written request
				for reconsideration to the IAC within 45 calendar days of the designee's
				decisions.
(3) The written request
				for reconsideration shall include all additional information and documentation
				the LEA wants the IAC to consider.
(4) The IAC's designee may submit to the IAC
				additional information and documentation it wants the IAC to consider in
				support of its determination.
(5)
				The IAC will notify the LEA of its decision.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.29 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The IAC may waive or vary particular provisions of this
				  chapter to the extent that the waiver or variance is not inconsistent with
				  State statutes if:
A. In the IAC's
				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 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.30 - Priority Funding Area Waiver Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. In accordance with State Finance and
				Procurement Article, §
									5-7B-07,
				Annotated Code of Maryland, it is the policy of the State to ensure sufficient
				conditions in existing schools as well as new facilities.
B. Waiver Procedure.
(1) An LEA may request a waiver for approval
				of planning and funding, or of a site, for a new school or a replacement school
				that adds capacity located outside of a priority funding area.
(2) On confirmation by the Maryland
				Department of Planning that the proposed new school or a replacement school
				that adds capacity, or the site for same, is outside a priority funding area,
				the designees shall make a recommendation to the IAC.
(3) Based on the recommendation of the IAC
				designees, the IAC shall consider whether to grant a waiver for approval of
				planning and funding, or of a site, for a new school or a replacement school
				that adds capacity outside of a priority funding area.
(4) After considering the criteria for a
				waiver in §B of this regulation, the IAC may:
(a) Approve planning and funding, or of a
				site, for the new school or the replacement school that adds capacity;
(b) Approve planning and funding,
				or of a site, for the new school or the replacement school that adds capacity
				with conditions; or
(c) Deny
				planning and funding, or of a site, for the new school or the replacement
				school that adds capacity.
(5) When considering whether to grant a
				waiver for a new school or a replacement school that adds capacity outside of a
				priority funding area, the IAC may consult with the Smart Growth
				Subcabinet.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.02 - Administration of the Public School Construction Program › Section 14.39.02.31 - Emergency Management Shelters

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definitions.
(1) "Emergency management
				shelter" means temporary operations that meet the base humanitarian needs of
				the whole community before, during, or after an emergency event.
(2) "Fully power" means the capability to
				provide electrical power to the fixtures, services, appliances, and/or outlets
				within a specified facility or portion of a facility.
(3) "Replacement of the electrical system"
				means a complete new electrical system is installed in an existing or new
				facility, including when major components of the pre-existing electrical system
				are either removed or abandoned in place.
(4) "Upgrade of the electrical system" means
				an existing electrical system of a facility or a major portion of a facility is
				improved through either:
(a) The replacement
				or upgrade of existing components; or
(b) Other improvements that alter the
				performance characteristics of the electrical system.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				applies to a public school construction project for building, improvement,
				supplies, or equipment if it:
(1) Exceeds
				$50,000 and has IAC planning or funding approval; or
(2) Requires review by the State
				Superintendent of Schools under Education Article, §
										2-303, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.02 - Project Procurement Proposal Review Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
The State Superintendent or designee may request assistance
				  from the IAC or its designee when reviewing project procurement
				  proposals.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.03 - Methods of Source Selection

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise authorized, school construction procurement
				  contracts shall be awarded by one of the following methods:
A. Competitive sealed bidding, including
				competitive multistep sealed bidding;
B. Quality-based selection;
C. Competitive negotiation;
D. Unsolicited proposals;
E. Intergovernmental cooperative
				purchasing;
F. Sole source;
				or
G. Negotiated award after
				unsatisfactory competitive sealed bidding.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.04 - Choice of Method

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				this regulation otherwise provides, an LEA shall use competitive sealed
				bidding.
B. Quality-Based
				Selection; Competitive Negotiation; Unsolicited Proposals.
(1) An LEA may use quality-based selection or
				competitive negotiation or accept an unsolicited proposal in order to finance
				or to speed delivery of, transfer risks of, or otherwise enhance the delivery
				of public school construction.
(2)
				An LEA intending to use quality-based selection or competitive negotiation or
				to pursue an unsolicited proposal shall:
(a)
				Present a written determination that the circumstances listed in §B(1) of
				this regulation exist; and
(b)
				Obtain authorization from the IAC or its designee.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.05 - Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
A. IAC or designee
				authorization to use quality based selection or competitive negotiation or to
				pursue an unsolicited proposal is distinct from IAC or designee approval of
				project planning and funding. If the IAC or designee approves the project for
				use of a competitive negotiation method but does not approve the project for
				planning, the project may proceed as a locally funded project.
B. The LEA shall obtain State approval of
				each construction contract.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.06 - Other Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				projects shall comply with State procedures and requirements for educational
				and design review.
B. A county
				board is encouraged, consistent with competitive bidding, to use bulk
				purchasing, bundling, and intergovernmental purchasing.
C. Project Delivery Methods. The requirements
				of COMAR 14.39.04 apply to procurements conducted in accordance with this
				chapter.
D. Minority Business
				Enterprise (MBE). The State's minority business enterprise program applies to
				procurements conducted in accordance with this chapter that the State funds in
				whole or part.
E. Prevailing Wage.
				To the extent required by law, the State's prevailing wage requirements apply
				to procurements conducted in accordance with this chapter that the State funds
				in whole or part.
F. Debriefing and
				Protests.
(1) The LEA shall establish
				procedures by which unsuccessful bidders and offerors may be debriefed upon
				written request within a reasonable time by a procurement official familiar
				with the rationale for the selection decision and contract award.
(2) The LEA shall establish procedures by
				which an interested party may file a protest relating to the solicitation or
				award of a procurement contract.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.07 - Competitive Sealed Bidding-One Step Sealed Bidding

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prequalification. The LEA may establish
				procedures to ensure that bidders are responsible. The LEA may require a bidder
				to be prequalified according to LEA procedures before submitting a
				bid.
B. Invitation for Bids.
(1) The invitation for bids shall be used to
				initiate a competitive sealed bid procurement.
(2) The invitation for bids shall include:
(a) Instructions and information concerning
				bid submission requirements including the date, time, and place for receipt of
				bids;
(b) Whether electronic bids
				will be accepted;
(c)
				Specifications or drawings or both that clearly and accurately describe the
				functional characteristics of or the nature of the work to be
				procured;
(d) The delivery or
				performance schedule;
(e) MBE
				goals, if applicable;
(f)
				Prevailing wage requirements, if applicable;
(g) Requirement that bidders acknowledge
				receipt of each amendment and addendum issued;
(h) Requirement for submission of bid
				bond;
(i) Information with respect
				to prebid conference if a conference is to be held;
(j) Requirement for submission of bid
				affidavit; and
(k) Any other
				information the LEA requires.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.09 - Quality-Based Selection

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General. Quality-based selection means a method of source selection based on a
				combination of qualification and cost factors.
B. Request for Proposals.
(1) The request for proposals is used to
				initiate a quality-based selection procurement.
(2) The request for proposals shall include:
(a) Instructions and information concerning
				proposal submission requirements including the date, time, and place for
				receipt of proposals;
(b) Whether
				electronic proposals will be accepted;
(c) Specifications, drawings, or both, that
				clearly and accurately describe the functional characteristics of or the nature
				of the work to be procured, delivery or performance schedule, and any special
				instructions;
(d) The evaluation
				factors and an indication of the relative importance of each evaluation factor
				including price;
(e) MBE goals, if
				applicable;
(f) Prevailing wage
				requirements, if applicable;
(g)
				Information with respect to preproposal conference if a conference is to be
				held;
(h) Requirement for
				submission of proposal affidavit;
(i) Requirement that offerors acknowledge
				receipt of each amendment and addendum issued;
(j) Requirement for submission of bid bond;
				and
(k) Any other information the
				LEA requires.
(3) LEAs
				may request that qualification factors in the proposal be submitted separately
				from price information.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.10 - Competitive Negotiation

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definition.
(1) In this regulation, the
				following term has the meaning indicated.
(2) Term Defined. Competitive negotiation
				means a method of source selection that:
(a)
				Permits offerors to demonstrate creativity, experience, and
				knowledge;
(b) Allows offerors to
				submit proposals that vary widely in scope, cost, and other factors;
				and
(c) Allows negotiating between
				the LEA and the qualified offerors with the objective that the final proposal
				be the most advantageous to the LEA.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.11 - Unsolicited Proposals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Receipt
				of Unsolicited Proposals; Competing Proposals.
(1) If an LEA receives a proposal other than
				one submitted in response to a solicitation and it determines that it is
				interested in pursuing the unsolicited proposal, the LEA shall:
(a) Publish notice that it has received an
				unsolicited proposal;
(b) Briefly
				describe the nature of the proposal;
(c) Give any other interested offeror at
				least 28 days to submit a competing proposal after the public notice is issued;
				and
(d) Inform the IAC or its
				designee of its intention and provide a description of the proposed method to
				procure the project.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.12 - Intergovernmental Cooperative Purchasing

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. Intergovernmental cooperative
				purchasing means a method of source selection that permits an LEA to aggregate
				with other government entities their common requirements for purposes of
				maximizing economies of scale when soliciting bids or proposals for goods and
				commodities or to purchase its requirements from another governmental entity's
				contract if that contract is an intergovernmental cooperative purchasing
				agreement.
B. An LEA may use the
				intergovernmental cooperative purchasing method if it determines that the
				method:
(1) Will provide cost benefits,
				promote administrative efficiencies, or promote governmental cooperation;
				and
(2) Is not intended to avoid
				competition.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.13 - Sole Source

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sole source
				procurement is permissible if a requirement is available from only a single
				vendor.
B. Examples of
				circumstances that might necessitate a sole source procurement are as follows:
(1) Only one source exists which meets the
				requirements;
(2) The compatibility
				of equipment, accessories, or replacement parts is the paramount
				consideration;
(3) A sole vendor's
				item is needed for trial use or testing; or
(4) Public or regulated utility services are
				to be procured and only one source exists.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.03 - Construction Procurement Methods › Section 14.39.03.14 - Negotiated Award After Unsatisfactory Competitive Sealed Bidding

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. An LEA
				may make a negotiated award after unsatisfactory competitive sealed bidding if,
				after bids have been opened, the LEA:
(1)
				Rejects all bids pursuant to Regulation .07F(2) or .08G(2) of this chapter;
				and
(2) Determines that:
(a) Funding does not permit an award to the
				lowest responsible and responsive bidder;
(b) Any delay resulting from a resolicitation
				with revised specifications under competitive sealed bidding would be fiscally
				disadvantageous or would not otherwise be in the best interest of the LEA or
				the State; or
(c) Both.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.04 - Project Delivery Methods › Section 14.39.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				applies to a public school construction project for building, improvement,
				supplies, or equipment if it:
(1) Exceeds
				$50,000 and has IAC planning or funding approval; or
(2) Requires review by the State
				Superintendent of Schools under Education Article, §
										2-303, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.04 - Project Delivery Methods › Section 14.39.04.02 - Project Delivery Proposal Review Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
The State Superintendent or designee may request assistance
				  from the IAC or its designee when reviewing project delivery
				  proposals.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.04 - Project Delivery Methods › Section 14.39.04.03 - Methods of Project Delivery

Current through Register Vol. 51, No. 14, July 12, 2024
For a public school construction project, an LEA may use one
				  of the following methods:
A. General
				contracting; or
B. Alternative
				project delivery including:
(1) Construction
				management agency;
(2) Construction
				management at risk;
(3) Design
				build; and
(4) Job order
				contracting.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.04 - Project Delivery Methods › Section 14.39.04.04 - Other Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				requirements of COMAR 14.39.03 apply to all projects conducted under this
				chapter.
B. All projects regardless
				of delivery method shall comply with State procedures for project design
				review.
C. Regardless of project
				delivery method, the LEA may not begin construction until the IAC or its
				designee has authorized the LEA to proceed.
D. The IAC may specifically designate an
				individual or group to act on requests, provide the State approvals on behalf
				of the IAC, or both, as required in this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 39 - INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION › Chapter 14.39.04 - Project Delivery Methods › Section 14.39.04.05 - Construction Management Agency

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General. Construction management agency (CMA) means a project delivery method
				in which the LEA:
(1) Directly contracts with
				trade contractors; and
(2) Either:
(a) Engages a construction manager as its
				agent to manage the project; or
(b)
				Acts as the construction manager.