reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.04 - Proceedings › Section 21.08.04.04 - Scope of Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a
				person is debarred based on grounds set forth in State Finance and Procurement
				Article, §
									16-202,
				Annotated Code of Maryland, and COMAR
				21.08.03.01 a or .02, the person
				may not be considered for the award of, be awarded, or perform, directly or
				indirectly, a contract with a public body during the period of debarment. Units
				shall immediately terminate any existing contracts with debarred persons
				effective on the date of debarment.
B. If a person is debarred based on grounds
				set forth in State Finance and Procurement Article, §
									16-203,
				Annotated Code of Maryland, and COMAR
				21.08.03.03 a, the person may not
				be considered for the award of, be awarded, or perform, directly or indirectly,
				a contract with the State during the period of the debarment. Units shall
				immediately terminate any existing contracts with debarred persons effective on
				the date of debarment.
C. If a
				business is debarred pursuant to State Finance and Procurement Article, §
									16-307,
				Annotated Code of Maryland, and COMAR
				21.08.03.04 a, as a result of the
				debarment of an officer, director, controlling shareholder, partner, or
				employee directly involved in its contracting activities, the debarment of the
				business shall be coextensive with that of the officer, director, controlling
				shareholder, partner, or employee directly involved in its contracting
				activities.
D. In determining the
				scope or period of a person's debarment, the Board may impose such conditions
				on the person's State contract related activities as the Board considers
				appropriate, including, for example, and not by limitation, a deferred
				debarment date to give agencies sufficient time to transition to new
				contractors and appropriate monitoring of the person's current or future
				contracting activities with the State. If the Board does not specify a period
				of debarment, the time period of a debarment is indefinite.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.04 - Proceedings › Section 21.08.04.05 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A party adversely affected by a final decision of the Board
				  may obtain judicial review of the Board's decision as provided by State
				  Government Article, Title 10, Subtitle 2, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 08 - SUSPENSION AND DEBARMENT › Chapter 21.08.04 - Proceedings › Section 21.08.04.06 - Termination of Suspension or Debarment

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a person's suspension or debarment is
				based upon a conviction that subsequently is reversed or otherwise is rendered
				void, the suspension or debarment shall terminate automatically.
B. If a person is suspended pending debarment
				proceedings and the Board determines that an insufficient basis for commencing
				debarment proceedings exists, the suspension shall terminate
				automatically.
C. A State debarment
				based solely on a federal debarment shall terminate automatically if:
(1) The federal debarment that is the basis
				for the State debarment is reversed or otherwise rendered void; and
(2) The person debarred provides to the Board
				sufficient legal documentation that the federal debarment has been reversed or
				otherwise rendered void.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.01 - 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) "Actual costs" means all direct and
				indirect costs which have been incurred for labor performed, goods delivered,
				or construction built, as distinguished from allowable costs only.
(2) "Cost objective" means any unit of work
				such as a function, an organizational subdivision, or a contract for which
				provision is made to accumulate and measure separately the cost of processes,
				products, jobs, capitalized projects, and similar items. A final cost objective
				is one that has allocated to it both direct and indirect costs and, in the
				contractor's accumulation system, is one of the final accumulation
				points.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.02 - Applicability of Cost Principles

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Limitation. These cost principles regulations are not applicable to:
(1) The establishment of prices under
				contracts awarded on the basis of competitive sealed bidding, or otherwise
				based on adequate price competition rather than the analysis of individual,
				specific cost elements, except that this subtitle does apply to the
				establishment of adjustments of price for equitable adjustments made under
				these contracts;
(2) Prices which
				are fixed by law or regulation; and
(3) Prices which are based on established
				catalog prices or established market prices.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.03 - Allowable Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. Any
				contract cost proposed for estimating purposes or invoiced for
				cost-reimbursement purposes shall be allowable to the extent provided in the
				contract and, if inconsistent with these cost principles, approved as a
				deviation under Regulation .23 of this chapter. The contract shall provide that
				the total allowable cost of a contract is the sum of the allowable direct costs
				actually incurred in the performance of the contract in accordance with its
				terms, plus the properly allocable portion of the allowable indirect costs,
				subject to any specific contract limitations, less any applicable credits (such
				as discounts, rebates, refunds, and property disposal income), plus
				profit.
B. Accounting Consistency.
				All costs shall be accounted for in accordance with generally accepted
				accounting principles. In pricing a proposal, a contractor shall estimate costs
				in a manner consistent with its cost accounting practices used in accumulating
				and reporting costs to other similar activities.
C. When Allowable. The contract shall provide
				that costs shall be allowed to the extent they are:
(1) Reasonable;
(2) Allocable;
(3) Lawful under any applicable
				statute;
(4) Not unallowable under
				Regulations .06 through .19 of this chapter; and
(5) In the case of costs invoiced for
				reimbursement, actually incurred or accrued and accounted for in accordance
				with generally accepted accounting principles.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.04 - Reasonable Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any cost is
				reasonable if, in its nature or amount, it does not exceed that which would be
				incurred by an ordinarily prudent person in the conduct of competitive business
				in that industry.
B. In determining
				the reasonableness of a given cost, consideration shall be given to:
(1) Requirements imposed by the contract
				terms and conditions;
(2) Whether
				the cost is of a type generally recognized as ordinary and necessary for the
				conduct of the contractor's business or the performance of the
				contract;
(3) The restraints
				inherent in, and the requirements imposed by, these factors as generally
				accepted sound business practices, arms' length bargaining, and federal and
				State laws and regulations;
(4) The
				action that a prudent business manager would take under the circumstances,
				including general public policy and considering responsibilities to the owners
				of the business, employees, customers, and the State;
(5) Significant deviations from the
				contractor's established practices which may unjustifiably increase the
				contract costs; and
(6) Any other
				relevant circumstances.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.05 - Allocable Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. A
				cost is allocable if it is assignable or chargeable to one or more cost
				objectives in accordance with relative benefits received and if it:
(1) Is incurred specifically for the
				contract;
(2) Benefits both the
				contract and other work, and can be distributed to both in reasonable
				proportion to the benefits received; or
(3) Is necessary to the overall operation of
				the business, although a direct relationship to any particular cost objective
				may not be evident.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.06 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
A. Advertising
				costs are those incurred in using any advertising media when the advertiser has
				control over the form and content of what will appear, the media in which it
				will appear, or when it will appear. Advertising media includes newspapers,
				magazines, radio, television, direct mail, trade papers, billboards, window
				displays, conventions, exhibits, free samples, and the like. All advertising
				costs except those set forth below are unallowable.
B. The only allowable advertising costs are
				those for:
(1) The recruitment of
				personnel;
(2) The procurement of
				scarce items;
(3) The disposal of
				scrap or surplus materials;
(4) The
				listing of a business's name and location in a classified directory;
(5) Notices or advertisements required by law
				or regulations; and
(6) The
				delivery of public service.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.07 - Bad Debts

Current through Register Vol. 51, No. 14, July 12, 2024
Bad debts include losses arising from uncollectible accounts
				  and other claims, such as dishonored checks, uncollected employee advances, and
				  related collection and legal costs. All bad debt costs are
				  unallowable.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.08 - Contingencies

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contingency
				costs are contributions to a reserve account for unforeseen costs. Contingency
				costs are unallowable except as provided below.
B. For the purpose of establishing a contract
				cost estimate or price in advance of performance of the contract, recognition
				of uncertainties within a reasonably anticipated range of costs may be required
				and is not prohibited by this regulation. However, if contract clauses are
				present which serve to remove risks from the contractor, a contingency factor
				for these risks may not be included in the contract. Further, contributions to
				a reserve for self-insurance in lieu of, and not in excess of, commercially
				available liability insurance premiums are allowable as an indirect
				charge.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.09 - Depreciation and Use Allowances

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Depreciation and use allowances, that is, the allowance made for fully
				depreciated assets, are allowable to compensate contractors for the use of
				buildings, capital improvements, and equipment or for the provision of these
				facilities on a standby basis for subsequent use when these facilities are
				temporarily idle because of suspensions or delays not caused by the contractor,
				not reasonably foreseeable, and not otherwise avoidable when the contract was
				awarded. Depreciation is a method of allocating the acquisition cost of an
				asset to periods of its useful life. Useful life refers to the asset's period
				of economic usefulness in the particular contractor's operation as
				distinguished from its physical life. Use allowances provide compensation in
				lieu of depreciation or other equivalent costs. Consequently, these two methods
				may not be combined to compensate contractors for the use of any one type of
				property.
B. The computation of
				depreciation or use allowances shall be based on acquisition costs. When the
				acquisition costs are unknown, reasonable estimates may be used.
C. Depreciation shall be computed using any
				generally accepted method, if the method is consistently applied and results in
				equitable charges considering the use of the property. The straight-line method
				of depreciation is preferred unless the circumstances warrant some other
				method. However, a State agency shall accept any method which is accepted by
				the Internal Revenue Service.
D. In
				order to compensate the contractor for use of depreciated, contractor-owned
				property which has been fully depreciated on the contractor's books and records
				and is being used in the performance of a contract, use allowances may be
				allowed as a cost of that contract. Use allowances are allowable, if they are
				computed in accordance with an established industry or government schedule or
				other method mutually agreed upon by the parties. If a schedule is not used,
				factors to consider in establishing the allowance are the original cost,
				remaining estimated useful life, the reasonable fair market value, and the
				effect of any increased maintenance or decreased efficiency.
E. In accordance with §A, costs of idle
				facilities may be allowable for a reasonable period of time, ordinarily not to
				exceed 1 year, depending on the initiative taken to use, lease, or dispose of
				these facilities.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.10 - Entertainment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Entertainment
				costs include costs of social activities, and related incidental costs such as
				meals, beverages, lodging, transportation, and gratuities. Entertainment costs
				are unallowable.
B. Nothing in
				these regulations shall make unallowable a legitimate expense for employee
				morale, health, welfare, food service, or lodging costs; except that, where a
				net profit is generated by these services, it shall be treated as a credit as
				provided in Regulation .20. This regulation does not make unallowable costs
				incurred for meetings or conferences, including, but not limited to, costs of
				food, rental facilities, and transportation where the primary purpose of
				incurring the cost is the dissemination of technical information or the
				stimulation of production.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.11 - Fines and Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Fines and penalties include all costs incurred as the result
				  of violations of, or failure to comply with, federal, State, and local laws and
				  regulations. Fines and penalties are unallowable costs unless incurred as a
				  direct result of compliance with specific provisions of the
				  contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.12 - Gifts, Contributions, and Donations

Current through Register Vol. 51, No. 14, July 12, 2024
A gift, contribution, and donation is property transferred to
				  another person without the other person providing return consideration of
				  equivalent value. Gifts, contributions, and donations are
				  unallowable.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.13 - Losses Incurred Under Other Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A loss is the excess of costs over income earned under a
				  particular contract. Losses may include both direct and indirect costs. A loss
				  incurred under one contract may not be charged to any other
				  contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.14 - Material Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Material
				costs are the costs of all supplies, including raw materials, parts, and
				components (whether acquired by purchase from an outside source or acquired by
				transfer from any division, subsidiary, or affiliate under the common control
				of the contractor), which are acquired in order to perform the contract.
				Material costs are allowable, subject to §§B and C of this
				regulation. In determining material costs, consideration shall be given to
				reasonable spoilage, reasonable inventory losses, and reasonable
				overages.
B. Material costs shall
				include adjustments for all available discounts, refunds, rebates, and
				allowances which the contractor reasonably should take under the circumstances,
				and for credits for proceeds the contractor received or reasonably should
				receive from salvage and material returned to suppliers.
C. Allowance for all materials transferred
				from any division (including the division performing the contract), subsidiary,
				or affiliate under the common control of the contractor shall be made on the
				basis of costs incurred by the transferor (determined in accordance with this
				subtitle), except the transfer may be made at the established price if the
				price of materials is not determined to be unreasonable by the procurement
				officer, the price is not higher than the transferor's current sales price to
				its most favored customer for a similar quantity under similar payment and
				delivery conditions, and the price is established either by the:
(1) Established catalog price; or
(2) Lowest price offer obtained as a result
				of a competitive procurement conducted with other businesses that normally
				produce the item in similar quantities.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.15 - Taxes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				limited by this regulation, all allocable taxes which the contractor is
				required to pay and which are paid and accrued in accordance with generally
				accepted accounting principles are allowable.
B. The following costs are unallowable:
(1) Federal, State and local income taxes and
				federal excess profit taxes;
(2)
				All taxes from which the contractor could have obtained an exemption, but
				failed to do so, except where the administrative cost of obtaining the
				exemption would have exceeded the tax savings realized from the
				exemption;
(3) Any interest, fines,
				or penalties paid on delinquent taxes unless incurred at the written direction
				of the procurement officer; and
(4)
				Income tax accruals designed to account for the tax effects of differences
				between taxable income and pretax income as reflected by the contractor's books
				of account and financial statements.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.16 - Compensation for Personal Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Compensation for personal services
				includes, but is not limited to salaries, wages, directors' and executive
				committee members' fees, bonuses (including stock bonuses), incentive awards,
				employee stock options, employee insurance, fringe benefits, contributions to
				pension, annuity and management employee incentive compensation plans,
				allowances for off-site pay, incentive pay, location allowances, hardship pay,
				and cost of living differential, paid or accrued, in any form.
B. These costs are allowable to the extent
				that total compensation of individual employees is reasonable for services
				rendered. Compensation is reasonable to the extent that the total amount paid
				or accrued is commensurate with compensation paid under the contractor's
				established policy and conforms generally to compensation paid by other firms
				of the same size, in the same industry, or in the same geographic area, for
				similar services.
C. Determination
				should be made that compensation to owners of closely held corporations,
				partners, sole proprietors, or members of the immediate families thereof, is
				reasonable for the actual personal services rendered, rather than a
				distribution of profits.
D. Bonuses
				and incentive compensation are allowable to the extent that the overall
				compensation is determined to be reasonable and the costs are paid or accrued
				pursuant to an agreement entered into in good faith between the contractor and
				the employees before the services were rendered, or pursuant to an established
				plan followed by the contractor so consistently as to imply, in effect, an
				agreement to make payment.
E.
				Deferred Compensation.
(1) Deferred
				compensation includes all remuneration, in whatever form, for which the
				employee is not paid until after the lapse of a stated period of years or the
				occurrence of other events as provided in the plans, except that it does not
				include normal end of accounting period accruals. It includes contributions to
				pension, annuity, stock bonus, and profit sharing plans, contributions to
				disability, withdrawal, insurance, survivorship, and similar benefit plans, and
				other deferred compensation, whether paid in cash or in stock.
(2) Deferred compensation is allowable to the
				extent that it is:
(a) Reasonable;
(b) Paid pursuant to an agreement between the
				contractor and employees before the services are rendered or pursuant to a plan
				established and consistently applied; and
(c) Deductible for the same fiscal year for
				federal income tax purposes.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.17 - Rental and Leasing Costs for Organizations under Common Control

Current through Register Vol. 51, No. 14, July 12, 2024
A. Charges in the
				nature of rent between any division, subsidiary, or organization under common
				control are allowable to the extent the charges do not exceed the allowable
				costs of ownership of the lessor. In determining the cost of ownership, items
				such as depreciation, taxes, insurance, and maintenance, shall be
				considered.
B. Rental costs of
				personal property leased from any division, subsidiary, or organization under
				common control which has an established practice of leasing the same or similar
				property to unaffiliated leases, are allowable provided that they are
				reasonable. Factors to be considered with respect to reasonableness may include
				rental costs of comparable property, market condition in the area, the type,
				life expectancy, condition, and value of the property leased, and other
				alternatives available.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.18 - Reimbursement for Direct Expenses

Current through Register Vol. 51, No. 14, July 12, 2024
Direct expenses include meal subsistence, vehicle mileage,
				  other transportation costs, lodging and certain other direct expenses. Direct
				  reimbursement of necessary expenses, if provided for by the procurement
				  officer, are allowable only to the level of the actual cost of the necessary
				  expense, but may not be more liberal than the current State Standard Travel
				  Regulations unless approved in writing by the Secretary of Budget and
				  Management before expenditure.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.19 - Costs Requiring Prior Approval to be Allowable as Direct Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The
				costs described in this regulation are allowable as direct costs to
				cost-reimbursement type contracts to the extent that they have been approved in
				advance by the procurement officer. In other situations the allowability of
				these costs shall be determined in accordance with general standards set out in
				these cost principles.
B.
				Precontract Costs. Precontract costs are those incurred in anticipation of, and
				prior to, the effective date of the contract. These costs are allowable to the
				extent that they would have been allowable if incurred after the date of the
				contract. In the case of a cost-reimbursement type contract, a special
				provision shall be inserted in the contract setting forth the period of time
				and maximum amount of cost which will be covered as allowable precontract
				costs.
C. Bid and Proposal Costs.
				Bid and proposal costs are the costs incurred in preparing, submitting, and
				supporting bids and proposals. Reasonable ordinary bid and proposal costs are
				allowable as indirect costs in accordance with these cost principles
				regulations. Bid and proposal costs are allowable as direct costs only to the
				extent that they are specifically permitted by a provision of the contract or
				solicitation document. When bid and proposal costs are allowable as direct
				costs, to avoid double accounting, the same bid and proposal costs may not be
				charged as indirect costs.
D.
				Insurance.
(1) Ordinary and necessary
				insurance costs are normally allowable as indirect costs. Direct insurance
				costs are the costs of obtaining insurance in connection with performance of
				the contract or contributions to a reserve account for the purpose of
				self-insurance. Self-insurance contributions are allowable only to the extent
				of the cost to the contractor to obtain similar insurance.
(2) Insurance costs may be approved as a
				direct cost only if the insurance is specifically required for the performance
				of the contract.
(3) Actual losses
				which should reasonably have been covered by permissible insurance or were
				expressly covered by self- insurance are unallowable unless the parties
				expressly agree otherwise in the terms of the contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.20 - Applicable Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions
				and Examples. Applicable credits are receipts or price reductions which offset
				or reduce expenditures allocable to contracts as direct or indirect costs.
				Examples include purchase discounts, rebates, allowances, recoveries or
				indemnification for losses, sale of scrap and surplus equipment and materials,
				adjustments for overpayments or erroneous charges, and income from employee
				recreational or incidental services and food sales.
B. Reducing Costs. Credits shall be applied
				to reduce related direct or indirect costs.
C. Refund. The State shall be entitled to a
				cash refund if the related expenditures have been paid to the contractor under
				a cost-reimbursement type contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.21 - Advance Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Purpose. Both the State and the contractor should seek to avoid disputes and
				litigation arising from potential problems by providing in the terms of the
				solicitation and the contract the treatment to be accorded special or unusual
				costs which are expected to be incurred.
B. Form Required. Advance agreements may be
				negotiated either before or after contract award, depending upon when the
				parties realize the cost may be incurred, but shall be negotiated before a
				significant portion of the cost covered by the agreement has been incurred.
				Advance agreements shall be in writing, executed by both contracting parties,
				and incorporated in the contract.
C. Limitation on Costs Covered. An advance
				agreement may not provide for any treatment of costs inconsistent with these
				costs principles regulations unless a determination has been made pursuant to
				Regulation .23 of this chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.22 - Use of Federal Costs Principles

Current through Register Vol. 51, No. 14, July 12, 2024
A. Cost Negotiations. In dealing with
				contractors operating according to federal cost principles, such as Defense
				Acquisition Regulations, Section 15, or Federal Procurement Regulations, Part
				1-15, the procurement officer, after notifying the contractor, may use the
				federal cost principles as guidance in contract negotiations, subject to
				§B of this regulation.
B.
				Incorporation of Federal Cost Principles; Conflicts Between Federal Principles
				and This Subtitle. All requirements set forth in federal assistance instruments
				applicable to contracts let by the State under a federal assistance program
				shall be satisfied. Therefore, to the extent that the cost principles which are
				specified in the assistance instrument conflict with the cost principles issued
				pursuant to this subtitle, the former shall control.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 09 - CONTRACT COST PRINCIPLES AND PROCEDURES › Chapter 21.09.01 - General Regulations › Section 21.09.01.23 - Authority to Deviate from Cost Principles

Current through Register Vol. 51, No. 14, July 12, 2024
When the best interest of the State would be served by a
				  deviation, the procurement officer may deviate from the cost principles set
				  forth in these regulations, if a written determination is made by the
				  procurement officer specifying the reasons for the deviation. A copy of the
				  determination shall be filed promptly with the agency head and the
				  determination shall be effective only upon approval by the agency head and upon
				  incorporation into the contract. However, all costs shall be reasonable,
				  lawful, allocable, and accounted for in accordance with generally accepted
				  accounting principles to be reimbursed, and a deviation may not contravene this
				  principle. After approval of the determination by the agency head, and the
				  appropriate control authority, a copy of the determination shall be forwarded
				  to the Board for informational purposes.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.01 - Exhaustion of Administrative Remedies and Judicial Review › Section 21.10.01.01 - Exhaustion of Administrative Remedies

Current through Register Vol. 51, No. 14, July 12, 2024
An aggrieved party shall exhaust all administrative remedies
				  provided in this subtitle before seeking judicial review.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.01 - Exhaustion of Administrative Remedies and Judicial Review › Section 21.10.01.02 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A decision of the Appeals Board is subject to judicial review
				  in accordance with the provisions of the Administrative Procedure Act governing
				  contested cases.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.01 - 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) "Interested party" means an actual or
				prospective bidder, offeror, or contractor that may be aggrieved by the
				solicitation or award of a contract, or by the protest.
(2) "Protest" means a complaint relating to
				the solicitation or award of a procurement contract.
(3) "Protester" means any actual or
				prospective bidder, offeror, or contractor who is aggrieved in connection with
				the solicitation or the award of a contract and who files the
				protest.
(4) "Public Body" means:
(a) The State,
(b) A county, municipal corporation, or other
				political subdivision;
(c) A public
				instrumentality; or
(d) Any
				governmental unit authorized to award a contract.
(5) "Reviewing authority" means the
				procurement agency head or designee.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.02 - Filing of Protest

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				interested party may protest to the appropriate procurement officer against the
				award or the proposed award of a contract subject to this title, including
				awards subject to the veteran-owned small business enterprise program set forth
				in COMAR 21.11.12.
A-1. An
				interested party may not protest:
(1) An
				unintentional violation of State Finance and Procurement Article, §
										17-502,
				Annotated Code of Maryland; or
(2)
				Verification of a veteran-owned small business enterprise by the Center for
				Veterans Enterprise of the United States Department of Veterans
				Affairs.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.03 - Time for Filing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A protest
				based upon alleged improprieties in a solicitation that are apparent before bid
				opening or the closing date for receipt of initial proposals shall be filed
				before bid opening or the closing date for receipt of initial proposals. For
				procurement by competitive sealed proposals, alleged improprieties that did not
				exist in the initial solicitation but which are subsequently incorporated in
				the solicitation shall be filed not later than the next closing date for
				receipt of proposals following the incorporation.
B. In cases other than those covered in
				§A, protests shall be filed not later than 10 days after the basis for
				protest is known or should have been known, whichever is earlier.
C. The term "filed" as used in §A or
				§B means receipt by the procurement officer. Protesters are cautioned that
				protests should be transmitted or delivered in the manner that shall assure
				earliest receipt. A protest received by the procurement officer after the time
				limits prescribed in §A or §B may not be
				considered.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.04 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
To expedite handling of protests, the front of the envelope
				  or, in the event of an electronic submission, the subject line should be
				  labeled "Protest". The written protest shall include as a minimum the
				  following:
A. The name and address of
				the protester;
B. Appropriate
				identification of the procurement, and, if a contract has been awarded, its
				number if known;
C. A statement of
				reasons for the protest; and
D.
				Supporting exhibits, evidence, or documents to substantiate the reasons for the
				protest unless not available within the filing time, in which case the expected
				availability date shall be indicated.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.05 - Notification of the Office of the Attorney General

Current through Register Vol. 51, No. 14, July 12, 2024
The procurement officer shall submit a copy of the protest to
				  the Office of the Attorney General upon receipt of the protest and, unless
				  clearly inappropriate, shall consult with legal counsel.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.06 - Requested Information Time for Filing

Current through Register Vol. 51, No. 14, July 12, 2024
Any additional information or substantiation requested by the
				  procurement officer shall be submitted within 5 days after receipt of
				  notification or such other time as the procurement officer may specify in order
				  to expedite consideration of the protest. Failure of any party to comply with a
				  request for information or substantiation by the procurement officer may result
				  in a resolution of the protest without consideration of any response to the
				  request that is not timely filed.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.07 - Making Information on Protests Available

Current through Register Vol. 51, No. 14, July 12, 2024
Upon written request, the procurement officer shall make
				  available to any interested party information submitted by the protester that
				  bears on the substance of the protest except when information is confidential,
				  or otherwise is permitted or required to be withheld by law. Persons who wish
				  to keep information submitted by them confidential shall so request by
				  specifically identifying the information within documents submitted, and
				  indicating on the front page of each document that it contains information not
				  subject to disclosure.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.08 - Negotiation with Interested Parties

Current through Register Vol. 51, No. 14, July 12, 2024
The procurement officer may conduct discussions and, if
				  appropriate, negotiations with the protester or any other interested party and
				  may resolve the protest by agreement with any one or more interested parties.
				  The agreement shall be in writing and shall be subject to the approval of the
				  reviewing authority and the Office of the Attorney General.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.09 - Decision by the Procurement Officer and Reviewing Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time for
				Decisions. A decision on a protest shall be made by the procurement officer in
				writing within 30 days of the date when the protest was filed.
B. The decision of the procurement officer
				shall be reviewed by the reviewing authority and appropriate legal counsel. The
				reviewing authority may approve, modify, or disapprove the procurement
				officer's decision. In disapproving a decision, the reviewing authority may
				order the procurement officer to effect resolution. Unless the protest is
				remanded to the procurement officer, the decision of the reviewing authority is
				the final action by the procurement agency.
C. The decision shall include:
(1) A description of the
				controversy;
(2) A statement of the
				decision, with supporting material;
(3) If the protest is not sustained, a
				paragraph substantially as follows: "This decision is the final action of this
				agency. This decision may be appealed to the Maryland State Board of Contract
				Appeals in accordance with COMAR
				21.10.07.02 a. If you decide to
				take such an appeal, you must file written notice of appeal to the Appeals
				Board within 10 days from the date you receive this decision." This paragraph
				also shall include the current address of the Appeals Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.10 - Time for Filing Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Protesters are required to seek resolution of their complaints initially with
				the procurement agency. A subsequent appeal by an interested party to the
				Appeals Board shall be filed within 10 days of receipt of notice of the final
				procurement agency action.
B. An
				appeal received by the Appeals Board after the time prescribed in §A of
				this regulation may not be considered unless it was sent by registered or
				certified mail not later than the fifth day before the final date for filing an
				appeal as specified in §A of this regulation. A date affixed by postage
				meter will not be considered as evidence of the actual mailing date. The only
				acceptable evidence to establish the date of mailing shall be the U.S. Postal
				Service postmark on the wrapper or on the original receipt from the U.S. Postal
				Service. If the postmark is illegible, the appeal shall be deemed to have been
				filed when received by the Appeals Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.02 - Protests › Section 21.10.02.11 - Awards of Contracts Pending Protests and Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the authority to award a contract has
				not been delegated to a department pursuant to COMAR
				21.02.01.04 a, and a timely
				protest or appeal has been filed, the contract may be executed only if either:
(1) The Board of Public Works finds that
				execution of the contract without delay is necessary to protect substantial
				State interests; or
(2) The Appeals
				Board issues a final decision concerning the appeal. If a contract is to be
				executed pursuant to §A(1) of this regulation, the procurement agency
				shall so notify the Appeals Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.04 - Contract Claims and Disputes › Section 21.10.04.01 - 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) "Claim" means a complaint by a contractor
				or by a procurement agency relating to a contract subject to this title, except
				a real property lease.
(2)
				"Reviewing authority" means:
(a) With respect
				to the Department of Transportation, the Administrator or designee;
(b) With respect to any other procurement
				agency, the agency head or designee.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.04 - Contract Claims and Disputes › Section 21.10.04.02 - Filing of Claim by Contractor

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Unless a lesser period is prescribed by law or by contract, a contractor shall
				file a written notice of a claim relating to a contract with the appropriate
				procurement officer within 30 days after the basis for the claim is known or
				should have been known, whichever is earlier.
B. Contemporaneously with or within 90 days
				of the filing of a notice of a claim on a construction contract, or 30 days of
				this filing on a nonconstruction contract, but no later than the date that
				final payment is made, a contractor shall submit the claim to the appropriate
				procurement officer. On conditions the procurement officer considers
				satisfactory to the unit, the procurement officer may extend the time in which
				a contractor, after timely submitting a notice of claim, must submit a contract
				claim under a procurement contract for construction. An example of when a
				procurement officer may grant an extension includes situations in which the
				procurement officer finds that a contemporaneous or timely cost quantification
				following the filing of the notice of claim is impossible or impractical. The
				claim shall be in writing and shall contain:
(1) An explanation of the claim, including
				reference to all contract provisions upon which it is based;
(2) The amount of the claim;
(3) The facts upon which the claim is
				based;
(4) All pertinent data and
				correspondence that the contractor relies upon to substantiate the claim;
				and
(5) A certification by a senior
				official, officer, or general partner of the contractor or the subcontractor,
				as applicable, that, to the best of the person's knowledge and belief, the
				claim is made in good faith, supporting data are accurate and complete, and the
				amount requested accurately reflects the contract adjustment for which the
				person believes the procurement agency is liable.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.04 - Contract Claims and Disputes › Section 21.10.04.03 - Review and Investigation of Contractor Claim

Current through Register Vol. 51, No. 14, July 12, 2024
Upon receipt of a contractor's claim, the procurement
				  officer:
A. Shall investigate and
				review the facts pertinent to the claim;
B. May request additional information or
				substantiation through any appropriate procedure; and
C. Unless clearly inappropriate, shall seek
				the advice of the Office of the Attorney General.