reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.26 - Proposed Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. When
				Required. In those appeals (except those submitted pursuant to Regulations .11
				and .12 of this chapter) where a majority of the Appeals Board members who are
				to render a decision have not heard the evidence adduced at hearing, the
				decision of the Appeals Board, if adverse to the appellant, may not be issued
				until a proposed decision, including findings of fact and conclusions of law,
				has been served upon the parties. Within 30 days from receipt of this proposed
				decision, either party may file written exceptions and request oral argument
				before a majority of the Appeals Board members who are to render the decision.
				A copy of the exceptions or request for oral argument, or both, shall be served
				on opposing counsel who shall have 15 days from receipt to respond.
B. Form of Written Exceptions to Proposed
				Decision. Written exceptions shall specifically set forth the proposed finding
				of fact or conclusion of law being excepted to and those portions of the record
				or applicable law, or both, which are contrary to the proposed finding or
				conclusion of law specified.
C.
				Receipt of Further Evidence. Except as the Appeals Board may otherwise order,
				no proof may be received in evidence in support of any exception taken to the
				proposed decision.
D. Provision for
				Oral Argument. Requests by either party to appear and offer oral argument to a
				majority of the Appeals Board members who will issue the formal decision will
				be granted as a matter of right, provided that a written request is filed
				within 30 days from the date of receipt of the proposed decision. The parties
				thereafter shall be given notice of the time and place set for the
				argument.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.27 - Formal Decision

Current through Register Vol. 51, No. 14, July 12, 2024
Decisions of the Appeals Board will be made in writing and
				  authenticated copies will be forwarded simultaneously to both parties. Except
				  as provided for in Regulation . 12 of this chapter, the decision of a majority
				  of three Appeals Board members shall constitute the decision of the Appeals
				  Board. Decisions of the Appeals Board will be based solely upon the record, as
				  described in Regulation .13 of this chapter. The regulations of the Appeals
				  Board and all final orders and decisions shall be open for public inspection at
				  the Appeals Board's office. For purposes of judicial review as provided for
				  under State Finance and Procurement Article, §
									15-223,
				  and State Government Article, §
									10-222, Annotated
				  Code of Maryland, and Title 7, Chapter 200 of the Md. Rules, an action of the
				  Appeals Board shall be deemed final 30 days from the date of receipt by the
				  parties of the Appeals Board's decision under this regulation or, in the event
				  of a motion for reconsideration, from the date of receipt by the parties of the
				  Appeals Board's ruling thereon.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.29 - Dismissal Without Prejudice

Current through Register Vol. 51, No. 14, July 12, 2024
In certain cases, appeals docketed before the Appeals Board
				  are required to be placed in a suspense status and the Appeals Board is unable
				  to proceed with the disposition of them for reasons not within its control. If
				  the suspension has continued, or it appears that it will continue, for an
				  inordinate length of time, the Appeals Board may dismiss these appeals from its
				  docket without prejudice to their restoration when the cause of suspension has
				  been removed. Unless either party or the Appeals Board acts within 3 years to
				  reinstate any appeal dismissed without prejudice, the dismissal shall be deemed
				  with prejudice.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.30 - Dismissal for Failure to Prosecute

Current through Register Vol. 51, No. 14, July 12, 2024
If a record discloses the failure of either party to file
				  documents required by these regulations, respond to notices or correspondence
				  from the Appeals Board, comply with orders of the Appeals Board, or otherwise
				  indicates an intention not to continue the prosecution or defense of an appeal,
				  the Appeals Board may issue an order requiring the offending party to show
				  cause why the appeal should not be either dismissed or granted, as appropriate.
				  If the offending party fails to show cause, the Appeals Board may take such
				  action as it deems reasonable and proper under the
				  circumstances.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.31 - Sanctions [Repealed]

Current through Register Vol. 51, No. 14, July 12, 2024
If a party fails or refuses to obey an order issued by the
				  Appeals Board, the Appeals Board may make whatever order in regard to the
				  failure as it considers necessary to the just and expeditious conduct of the
				  appeal.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.06 - Maryland State Board of Contract Appeals - Procedures for Appealing Contract Disputes › Section 21.10.06.32 - Costs

Current through Register Vol. 51, No. 14, July 12, 2024
If alleged during the course of the appeal, and within 30
				  days of receipt of a final decision in which the Board makes a finding that the
				  conduct of unit personnel in processing a contract claim under a contract for
				  construction is in bad faith or without substantial justification, an appellant
				  may request the Appeals Board to award to the appellant the reasonable cost of
				  filing and pursuing the claim, including reasonable attorney fees. Upon the
				  request of either party or the Appeals Board, a hearing shall be held to
				  determine the reasonableness of the costs and fees claimed.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.07 - Maryland State Board of Contract Appeals - Procedures for Appealing Protests › Section 21.10.07.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following words have the meanings indicated.
B. Terms Defined.
(1) "Days", for purposes of Regulations
				.01-.08 of this chapter, means working days of the State government. However,
				an appeal must be filed within the number of calendar days set forth in COMAR
				21.10.02.10.
(2) "File" means
				receipt in the offices of the Appeals Board.
(3) "Protester" means an actual or
				prospective bidder, offeror, contractor, or applicant who appeals from the
				final action taken by a State agency pursuant to the applicable regulations
				governing protests.
(4) "Submit"
				means receipt in the offices of the Appeals Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.07 - Maryland State Board of Contract Appeals - Procedures for Appealing Protests › Section 21.10.07.02 - Filing of Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interested
				party may appeal a final action of a State agency taken pursuant to COMAR
				21.10.02.10.
B. The notice of
				appeal shall be in writing and addressed to the Appeals Board.
C. The notice of appeal shall:
(1) Include the name and address of the
				protester;
(2) Identify the State
				agency, the number of the solicitation or application, and, if applicable, the
				contract;
(3) Contain a statement
				of the grounds of appeal; and
(4)
				Specify the ruling requested from the Appeals Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.07 - Maryland State Board of Contract Appeals - Procedures for Appealing Protests › Section 21.10.07.03 - Notice of Appeal to State Agency and Interested Parties, Submission of Agency Report and Time for Filing Comments on Agency Report

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Appeals
				Boards shall notify the State agency by telephone, email, or otherwise in
				writing within 1 day of the receipt of an appeal, requesting the State agency
				to give notice of the appeal to the awardee if award has been made or, if no
				award has been made, to all bidders, offerors, or applicants who appear to have
				a substantial and reasonable prospect of receiving an award if the appeal is
				denied. The State agency also shall be requested to furnish copies of the
				appeal documents to these parties with instructions for them to communicate
				further directly with the Appeals Board.
B. Material submitted by a protester may not
				be withheld from any interested party outside the State government or from any
				State agency which may be involved in the appeal except to the extent that the
				withholding of information is permitted or required by law. If the protester
				considers that its notice of appeal contains material that should be withheld,
				a statement advising of this fact shall be affixed to the front page of the
				notice of appeal and the alleged proprietary information shall be so identified
				wherever it appears.
C. The Appeals
				Board shall request the Office of the Attorney General, in conjunction with the
				State agency, to submit a complete report on the actions taken by the agency
				with regard to the solicitation or application involved in the appeal within 15
				working days, or, for good cause shown, at such later time as the Appeals Board
				may determine, and to furnish a copy of the report to the protester and other
				interested parties. The report shall include:
(1) A copy of the bid, offer, or application
				submitted by the protester and a copy of the bid offer, or application that is
				being considered for award or that has resulted in an award;
(2) A copy of the solicitation, including the
				specifications or portions hereof, relevant to the appeal;
(3) A copy of the abstract of bids or
				relevant portions thereof;
(4) A
				copy of all evaluators' notes relating to the evaluations of all bids, offers,
				or applications, with the names of the evaluators redacted to protect their
				identities;
(5) Any other documents
				which are relevant to the appeal; and
(6) A statement setting forth findings,
				actions, and recommendations in the matter together with any additional
				evidence or information deemed necessary in determining the validity of the
				appeal. The statement shall be fully responsive to the allegations set forth in
				the notice of appeal.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.07 - Maryland State Board of Contract Appeals - Procedures for Appealing Protests › Section 21.10.07.04 - Furnishing of Information on Protests and Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discovery shall
				be limited to requests for production of documents unless the Appeals Board
				finds that extraordinary circumstances require limited additional discovery to
				avoid either substantial unfairness or prejudice.
B. The Appeals Board, upon request, shall
				make available to any interested party information bearing on the substance of
				the appeal that has been submitted by other interested parties or the State
				agency, except to the extent that withholding of information is permitted or
				required by law or regulation. Any comments shall be submitted within 10
				days.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.07 - Maryland State Board of Contract Appeals - Procedures for Appealing Protests › Section 21.10.07.05 - Time for Submission of Additional Information

Current through Register Vol. 51, No. 14, July 12, 2024
Any additional information requested by the Appeals Board
				  from the protester, interested parties, or the State agency shall be submitted
				  not later than 5 days after receipt of the request.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.07 - Maryland State Board of Contract Appeals - Procedures for Appealing Protests › Section 21.10.07.06 - Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing on the
				merits of the appeal shall be conducted at the request of the protester, any
				other interested party, the State agency, or by order of the Appeals Board.
				Request for a hearing shall be made before the expiration of the time period
				allowed for filing comments on the State agency report. Except in unusual
				circumstances, requests for a hearing received after this time will not be
				honored.
B. Hearings normally will
				be held after expiration of the period allowed for filing comments on the
				agency report. All interested parties shall be notified as to the time and
				place of the hearing and shall be permitted to participate.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.07 - Maryland State Board of Contract Appeals - Procedures for Appealing Protests › Section 21.10.07.07 - Briefs

Current through Register Vol. 51, No. 14, July 12, 2024
Post hearing briefs, when deemed appropriate by the Appeals
				  Board, shall be submitted within 5 days of the date on which the hearing was
				  conducted. If a hearing is not requested, the Appeals Board will set a date for
				  the filing of briefs.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.07 - Maryland State Board of Contract Appeals - Procedures for Appealing Protests › Section 21.10.07.08 - Decision

Current through Register Vol. 51, No. 14, July 12, 2024
All appeals shall be decided upon the written record
				  submitted to the Appeals Board, testimony given at the hearing, documents and
				  other evidence admitted at the hearing, and such additional information as may
				  be requested by the Appeals Board.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.07 - Maryland State Board of Contract Appeals - Procedures for Appealing Protests › Section 21.10.07.09 - Bid and Proposal Protest Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon sustaining an appeal arising from the
				final action of a unit on a protest relating to the formation of a procurement
				contract, the Appeals Board may award the protestor the reasonable costs of
				filing and pursuing the protest and appeal, not including attorney's fees, when
				the Appeals Board sustains the appeal based on a violation of law or regulation
				by the unit conducting the procurement.
B. Before award of the reasonable costs of
				filing and pursuing the protest and appeal, the Appeals Board shall require the
				protestor to certify under oath or affirmation its costs in pursuing the
				protest and appeal. All costs associated with filing and pursuing the protest
				and appeal shall be substantiated by documented evidence supporting the
				validity of the claim. At the request of a party, or upon order of the Board, a
				hearing may be conducted to determine the reasonableness of the costs sought to
				be recovered.
C. The reasonable
				costs of filing and pursuing a protest and appeal include, but are not limited
				to, the:
(1) Cost of postage, printing, and
				reproduction incurred in filing the protest and appeal;
(2) Witness fees and expenses;
(3) Costs arising out of written requests for
				production of documents;
(4) Cost
				of the additional limited discovery determined by the Appeals Board to be
				necessary to avoid substantial unfairness or prejudice; and
(5) Filing fees, if any, that may be required
				by the unit or Appeals Board to be paid upon the filing of the protest or
				appeal.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.08 - Prompt Payment of Subcontractors › Section 21.10.08.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) Undisputed Amount.
(a) "Undisputed amount" means an amount owed
				by a contractor to a subcontractor for which there is no good faith dispute,
				including any retainage withheld.
(b) "Undisputed amount" includes an amount
				withheld because of a dispute arising out of an agreement or occurrence
				unrelated to the agreement under which the amount is withheld.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.08 - Prompt Payment of Subcontractors › Section 21.10.08.02 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
It is the policy of the State that a contractor shall
				  promptly pay to a subcontractor any undisputed amount to which the
				  subcontractor is entitled for work under a State procurement
				  contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.08 - Prompt Payment of Subcontractors › Section 21.10.08.03 - Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A contractor who
				receives a progress payment or a final payment shall pay a subcontractor an
				undisputed amount to which the subcontractor is entitled within 10 calendar
				days of receiving the payment.
B.
				If a contractor withholds payment from a subcontractor within the time period
				in which the payment normally would be made, the contractor shall:
(1) Notify the subcontractor in writing and
				state the reason why payment is being withheld;
(2) Provide a copy of the notice to the prime
				contractor and, if different, to the person or firm that made the progress
				payment or final payment to the contractor; and
(3) Provide a copy of the notice to the
				procurement officer.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.08 - Prompt Payment of Subcontractors › Section 21.10.08.04 - Duties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 2
				business days of receipt of written notice from a subcontractor, a
				representative of the unit designated by the procurement officer shall verbally
				contact the contractor that withheld payment to ascertain whether the amount
				withheld is an undisputed amount.
B. If the representative of the unit
				determines that a part or all of the amount withheld is an undisputed amount,
				the representative of the unit shall instruct the contractor that withheld
				payment to pay the subcontractor the undisputed amount within 3 business days.
				The instruction shall be confirmed in writing.
C. The representative of the unit shall
				verbally communicate to the subcontractor the results of discussions with the
				contractor that withheld payment.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.08 - Prompt Payment of Subcontractors › Section 21.10.08.05 - Actions

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				contractor fails to pay the subcontractor the undisputed amount within the time
				instructed to do so under Regulation .04B of this chapter, the subcontractor
				may report the nonpayment in writing to the procurement officer.
B. Meeting.
(1) If the subcontractor notifies the
				procurement officer in writing under §A of this regulation that payment
				has not been made, the representative of the unit shall schedule a meeting to
				discuss the dispute with the unit's project manager, the contractor, the
				subcontractor, and any other person or entity that the representative considers
				to have an interest in the matter:
(a) At a
				time and location designated by the representative of the unit; but
(b) Not later than 10 calendar days after
				receiving written notice from the subcontractor under §A of this
				regulation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.08 - Prompt Payment of Subcontractors › Section 21.10.08.06 - Remedies

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				representative of the unit determines that the contractor is delinquent in
				payment of an undisputed amount to the subcontractor, the representative may
				order that further progress payments to the contractor that withheld payment
				shall be withheld until the subcontractor is paid.
B. If payment is not paid to the
				subcontractor within 7 business days after the representative of the unit
				determines that the contractor is delinquent in paying the subcontractor under
				§A of this regulation, the representative shall schedule a second meeting
				to address the dispute:
(1) At a time and
				location designated by the representative of the unit; but
(2) Not later than 5 business days after the
				close of the 7-day period.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.08 - Prompt Payment of Subcontractors › Section 21.10.08.07 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. A contractor or
				a subcontractor may appeal a decision under Regulation .06C of this chapter to
				the procurement officer.
B. The
				contractor shall comply with the procurement officer's decision.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 10 - ADMINISTRATIVE AND CIVIL REMEDIES › Chapter 21.10.08 - Prompt Payment of Subcontractors › Section 21.10.08.08 - Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. An act, failure
				to act, or decision of a procurement officer or a representative of a unit,
				concerning a payment dispute between a contractor and subcontractor under this
				chapter, may not:
(1) Affect the rights of
				the contracting parties under any other provision of law;
(2) Be used as evidence on the merits of a
				dispute between the unit and the contractor or the contractor and the
				subcontractor in any other proceeding; or
(3) Result in liability or prejudice the
				rights of the unit or a prime contractor that acts as a representative of a
				unit under Regulation .06C(3) of this chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.01 - Small Business Procurements › Section 21.11.01.01 - 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) "Certified small business" means a
				business, other than a nonprofit business, that:
(a) Is certified by the Governor's Office of
				Small, Minority, and Women Business Affairs pursuant to regulations adopted by
				that Department; and
(b) Meets the
				criteria for a small business as defined under COMAR21.01.02.01B(80).
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.01 - Small Business Procurements › Section 21.11.01.02 - Small Business Procurement Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Two distinct
				procurement programs, the small business preference program and the small
				business reserve program, are structured to assist small businesses in
				obtaining State contracts.
B. The
				small business preference program specifically authorizes the Department of
				General Services, the Department of Transportation, the University System of
				Maryland, and Morgan State University to apply certain percentage price
				preferences in favor of certified small businesses when evaluating and awarding
				bids on those procurements designated for a small business
				preference.
C. Except as provided
				in Regulation .06A(3) of this chapter, the small business reserve program
				applies to all procurements by a procurement unit and restricts award of a
				contract to certified small businesses only.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.01 - Small Business Procurements › Section 21.11.01.03 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. A procurement
				under this chapter is subject to all requirements and procedures otherwise
				applicable to the procurement. Except as otherwise provided by law, the
				provisions of this chapter supplement, but do not replace, other provisions of
				this title.
B. Small Business
				Assistance. The head of each participating procurement agency or a designee
				shall:
(1) Assist small businesses in
				complying with the procedures for submitting bids and proposals on State
				contracts; and
(2) Consistent with
				the provisions of this title, attempt to simplify procedures, when practicable,
				to increase the opportunities for small businesses to participate in preference
				and reserve procurements.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.01 - Small Business Procurements › Section 21.11.01.04 - Small Business Eligibility/Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. To be eligible to receive a small business
				price preference under the small business preference program, or to be eligible
				for award of a procurement under the small business reserve program, a business
				must be certified by the Governor's Office of Small, Minority, and Women
				Business Affairs as a small business in accordance with regulations adopted by
				the Governor's Office of Small, Minority, and Women Business Affairs. A
				business so certified shall be added to the certified small business list
				maintained by the Governor's Office of Small, Minority, and Women Business
				Affairs. To maintain its certification as a small business, a business shall
				reapply for certification every year, not later than on the anniversary date of
				the initial certification.
B. The
				Governor's Office of Small, Minority, and Women Business Affairs shall certify
				a business as a small business for the exclusive purpose of pursuing
				out-of-State contracts if the business has:
(1) 250 or fewer employees; or
(2) Average annual gross receipts of
				$10,000,000 or less averaged over its most recently completed 3 fiscal
				years.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.01 - Small Business Procurements › Section 21.11.01.06 - Small Business Reserve Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) All procurements by a procurement unit are eligible for designation as small business reserve procurements.
(2) A procurement with a total dollar value between $50,000 and $500,000 shall be designated for the small business reserve.
(3) Exemptions. The requirements of the Small Business Reserve Program do not apply to the following procurements:
(a) Preference procurements made from a preference provider (Maryland Correctional Enterprises, community service providers, Blind Industries and Services of Maryland, individual-with-disability-owned businesses, and the Maryland Vending Facilities Program for the Blind) under COMAR 21.11.05 and 21.11.09.
(b) Procurements involving expenditures of federal dollars, to the extent that their inclusion in the program is in violation of federal law or grant provisions.
(c) Procurements with a total dollar value under $50,000.
(d) Procurements for human, social, cultural, or educational services.
(e) Certain term and master contract procurements when the Governor's Office of Small, Minority & Women Business Affairs certifies, concurrently with review of any waiver determinations for certified minority business enterprise participation contract goals, that it is not practicable to designate the procurement for the small business reserve.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.02 - Implementation of the "Buy American Steel" Act › Section 21.11.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The procedures
				set forth in this chapter apply to all contracts for the:
(1) Construction or maintenance of public
				works; or
(2) Purchase or
				manufacture of any item of machinery or equipment which:
(a) Contains at least 10,000 pounds of steel
				products, and
(b) Is to be
				installed at a public works site.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.02 - Implementation of the "Buy American Steel" Act › Section 21.11.02.02 - 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) "Steel product" means a product rolled,
				formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise
				similarly processed, or processed by a combination of two or more of these
				operations, for steel made in the United States by open hearth, basic oxygen,
				electric furnace, Bessemer, or other steel making process.
(2) "Public Works" means all buildings,
				bridges, roads, streets, alleys, ditches, sewage disposal plants, waterworks,
				and all other structures or works, constructed for public use or benefit or
				paid for wholly or in part out of public funds, except work done by any public
				utility company pursuant to an order of the Public Service Commission or other
				public authority, whether done under public supervision or direction or paid
				for wholly or in part out of public funds, unless let to contract.
(3) "Install" means to make a part of,
				although not necessarily a permanent part of. For example, equipment installed
				at a public works site is equipment made a part of the site but capable of
				being moved from the site without extensive injury to the site or to the
				equipment, but which, nevertheless, is anticipated to be kept as a part of the
				site. Examples include but are not limited to a subway car or a gantry-mounted
				container crane.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.02 - Implementation of the "Buy American Steel" Act › Section 21.11.02.03 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
Every contract of the type described in Regulation .01 of
				  this chapter, shall require the use or supply of steel products as defined in
				  these regulations for all steel that is to be incorporated into the work to be
				  performed under the contract, unless the agency head determines that the cost
				  of steel products is unreasonable or the use of these products is inconsistent
				  with the public interest.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.02 - Implementation of the "Buy American Steel" Act › Section 21.11.02.04 - Price of Steel Products

Current through Register Vol. 51, No. 14, July 12, 2024
The price of any steel product of domestic origin is not
				  unreasonable if:
A. The price does not
				exceed the sum of the bid or offered price of a similar steel product of
				foreign origin, plus a differential of 20 percent of the bid or offered price
				of the steel product of foreign origin; or
B. The steel product is produced in a
				"substantial labor surplus area" as defined by the United States Department of
				Labor and the price does not exceed the sum of the bid or offered price of a
				similar steel product of foreign origin, plus a differential of 30 percent of
				the bid or offered price of the steel product of foreign origin.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.02 - Implementation of the "Buy American Steel" Act › Section 21.11.02.05 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
At any time before the award of a contract, the agency head
				  or designee may make a determination, that these regulations do not apply to
				  that contract if:
A. There are reasons
				to believe that the specified steel products are not produced in the United
				States in sufficient quantities to meet the requirements of the contract;
				or
B. There are reasons to believe
				that the purchase of domestic steel products for that contract would be
				inconsistent with the public interest.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.02 - Implementation of the "Buy American Steel" Act › Section 21.11.02.06 - Identification of Origin

Current through Register Vol. 51, No. 14, July 12, 2024
If all steel products are not of domestic origin, each bidder
				  or offeror submitting a bid or proposal in response to solicitations for a
				  contract pursuant to Regulation .03 of this chapter, shall identify by name,
				  type, or otherwise, those steel products that are proposed to be of foreign
				  origin, the proposed source of supply, and certify that the bid or offered
				  price of similar domestic steel products is unreasonable pursuant to these
				  regulations.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.02 - Implementation of the "Buy American Steel" Act › Section 21.11.02.07 - Proof of Unreasonable Domestic Steel Price

Current through Register Vol. 51, No. 14, July 12, 2024
When the bidder or offeror proposes to use steel products of
				  foreign origin and that bid or offer is the apparent most favorable bid or most
				  advantageous offer:
A. Within a
				reasonable time after bid opening, the bidder or offeror shall submit to the
				procurement officer, information in support of the claim that the bid or
				offered price of similar domestic steel products is unreasonable;
B. The procurement officer may undertake
				independent investigation of the bid or offered price of similar foreign and
				domestic steel products.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.02 - Implementation of the "Buy American Steel" Act › Section 21.11.02.08 - Rejection of Unsupported Bids

Current through Register Vol. 51, No. 14, July 12, 2024
If a bidder or offeror fails to prove to the satisfaction of
				  the procurement officer that the bid or offered price of domestic steel
				  products is unreasonable, that bid or offer shall be rejected and the
				  procurement officer may award the contract to the responsible bidder or offeror
				  submitting the next most favorable responsive bid or next most advantageous
				  offer.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.02 - Implementation of the "Buy American Steel" Act › Section 21.11.02.09 - Verification of Steel Supply Sources

Current through Register Vol. 51, No. 14, July 12, 2024
After award of the contract, the procurement officer is
				  authorized to verify the sources of supply of steel products that are to be
				  incorporated into the work to be performed under that
				  contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.01 - General - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter provides that maximum contracting opportunities
				  be extended to certified minority business enterprises, as both prime
				  contractors and subcontractors, and establishes that:
A. The Special Secretary of the Office of
				Minority Affairs, in consultation with the Secretary of Transportation and the
				Attorney General, shall establish the overall percentage certified MBE
				participation goal through regulation on a biennial basis.
B. The overall percentage certified MBE
				participation goal set forth in §C applies until a different percentage
				goal is established in accordance with §A of this regulation.
C. Each procurement agency shall:
(1) Structure its procurement procedures to
				try to achieve an overall goal of 29 percent of the unit's total dollar value
				of all procurement contracts made directly or indirectly from certified
				minority business enterprises; and
(2) Apply the guidelines established by the
				Special Secretary of the Office of Minority Affairs for determining the
				subgoals to be set for the groups listed in State Finance and Procurement
				Article, §
										14-301(j)(1)(i)
				1, 2, 3, 4, and 6, Annotated Code of Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				otherwise provided in §B of this regulation, this chapter applies to every
				procurement of supplies, services, maintenance, construction,
				construction-related services, architectural services, and engineering services
				by a procurement agency.
B. Small
				procurements are not subject to Regulations .08-.16 of this chapter. These
				procurements shall be made in accordance with COMAR 21.05.07. Procurement
				agencies shall use the Central Directory established in Regulation .06 of this
				chapter to solicit certified MBEs in small procurements.
C. Nothing in this chapter is to be construed
				to relieve a procurement agency from attempting to achieve its goals and
				subgoals for certified MBE participation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.04 - Procurement Agency Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each procurement agency shall make its
				procurements in accordance with this chapter.
B. The Interagency Committee on Public School
				Construction shall require each local board of education to adopt procedures
				consistent with this chapter before obtaining State funds for public school
				construction projects.
C. When
				delegating procurement authority to procurement agencies, the Department of
				General Services Budget and Management shall condition the delegation on
				compliance with this chapter.
D.
				Procurement agencies shall use the forms and affidavits developed by the Office
				of Minority Affairs, the Board of Public Works, and the Department of
				Transportation for the certification and reporting procedures required by this
				chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.05 - MBE Liaison Officer

Current through Register Vol. 51, No. 14, July 12, 2024
The head of each procurement agency shall designate an
				  employee to be an MBE liaison officer in the administration of that agency's
				  minority business enterprise program. The MBE liaison officer shall be a high
				  level employee reporting directly to a Secretary, Deputy Secretary, or head of
				  a procurement agency. The MBE liaison officer is responsible for coordinating
				  agency outreach efforts to the minority business community, reviewing agency
				  contracting procedures to ensure compliance with this chapter, assisting in the
				  resolution of contracting issues, and for submitting required MBE program
				  reports or information.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.06 - Central Directory

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				certification agency shall publish and maintain in an electronic format
				available to the general public through the internet a Central Directory of
				MBEs it has certified under this chapter. The Central Directory shall specify
				the type of supplies, services, maintenance, construction, construction-related
				services, architectural services, or engineering services primarily provided by
				the MBE, and the date of certification. It shall include the address, phone
				number, and contact person for the MBE, and MBE classifications of each
				certified business.
B. The Central
				Directory shall include all contract information available to the certification
				agency for the MBE except when disclosure is prohibited by State Government
				Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland, the
				certification number of the MBE, and contact information for up to three
				professional references for the MBE.
C. The Central Directory may include other
				information the certification agency considers necessary or appropriate to
				encourage participation in the procurement process by MBEs.
D. The Central Directory shall:
(1) Be updated at least monthly;
(2) Identify the date of certification for
				each MBE that has obtained certification during the calendar year;
				and
(3) Include a list of all MBEs
				that have become ineligible to participate in the MBE Program because:
(a) One or more of its owners has a personal
				net worth exceeding the amount defined under Regulation .03B(11) of this
				chapter; or
(b) The MBE no longer
				meets the small business size standards, as defined under Regulation .15 of
				this chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.07 - Race Neutral Measures

Current through Register Vol. 51, No. 14, July 12, 2024
Race neutral measures may include:
A. Any outreach efforts to advise small and
				minority businesses of contracting opportunities within the State in accordance
				with §§B-D of this regulation;
B. Procurement agencies periodically
				conducting meetings with minority business enterprises and other small
				businesses, as appropriate, to advise of procurement opportunities within that
				procurement agency, which shall be coordinated with the Office of Minority
				Affairs and other State agencies that make similar procurements;
C. The Office of Minority Affairs
				periodically convening seminars that include MBEs and small businesses, and
				appropriate personnel of the various procurement agencies, which shall include
				topics of interest to prospective or current MBEs and small businesses such as
				State procurement procedures, certification, and anticipated State
				procurements, and may include technical assistance to MBEs and small businesses
				relating to the procurement process from the Office of Minority
				Affairs;
D. The Office of Minority
				Affairs providing notice of all seminars and meetings undertaken under the
				regulation to each MBE listed in the Central Directory or identified under
				COMAR 21.05.07.06 and each small
				business listed in the Department of General Services small business vendor
				lists that may be reasonably expected to be interested in the effort, as well
				as to those entities described in Regulation .09D of this chapter;
E. Small business procurements, including
				price preferences, the Small Business Reserve under COMAR 21.11.01, and
				veteran-owned small business enterprises under COMAR 21.11.13;
F. Use of evaluation factors that do not
				unreasonably hinder participation by small businesses, including potential use
				of the economic benefits evaluation factor under COMAR
				21.05.03.03 (A(A)(3);
G. Technical Assistance and Business
				Development programs; and
H.
				Removal or relaxation of unreasonably restrictive or prohibitive solicitation
				or contract requirements or both.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.08 - MBE Notification

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days following the first day of the fiscal year,
				  each procurement agency shall forward to the Office of Minority Affairs a
				  complete listing of all known regularly recurring procurement solicitations
				  reasonably expected to be of $100,000 or more. The list shall be in an
				  electronic format and include the subject of the contract, where the work is to
				  be performed or delivery made, the approximate solicitation date, and the
				  contact information of the procurement officer. The Office of Minority Affairs
				  shall compile a master list containing this information.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.09 - Procurement Solicitations

Current through Register Vol. 51, No. 14, July 12, 2024
A. To attain the
				overall and specific MBE goals under Regulation .01C of this chapter,
				procurement agencies shall set, where appropriate, an overall certified MBE
				participation goal, expressed as a percentage of the dollar value of the
				contract, and subgoals to facilitate the participation of certain groups as
				prescribed under Regulation .01C(2) of this chapter, unless:
(1) The procurement is a construction
				contract having an estimated value of less than $50,000; or
(2) The contract has been designated as a
				procurement to be made without any certified MBE participation goals.