reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.10 - Contract Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) In the event of tie bids, or of offers in
				which the evaluation of technical and price proposals is essentially equal, a
				procurement agency may award the contract, in accordance with COMAR
				21.05.02.14 or
				21.05.03.03F, as
				applicable, in order to obtain certified MBE participation.
(2) In exercising its delegation or control
				authority over contracts, the Department of General Services may require all
				determinations under this regulation and Regulation .11 of this chapter to be
				made before execution of a contract, or approval by the control agency, or
				both.
(3) Accomplishment of Goal. A
				prime contractor, including a joint venture, shall accomplish an amount of work
				not less than the MBE subcontract goal with certified MBE
				subcontractors.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.11 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, for any
				reason, the apparent successful bidder or offeror is unable to achieve the
				contract goal for each certified MBE classification specified as having a
				subcontract goal or the overall MBE contract goal, the bidder or offeror shall
				submit the following documentation in support of a waiver request:
(1) A detailed statement of the efforts made
				to select portions of the work proposed to be performed by certified MBEs,
				including the work to be performed by each MBE classification if an MBE subgoal
				has been specified, in order to increase the likelihood of achieving the stated
				goal;
(2) A detailed statement of
				the efforts made to contact and negotiate with certified MBEs, and if
				appropriate, by certified MBE classification, including:
(a) The names, addresses, dates, telephone
				numbers, and classification of certified MBEs contacted, and
(b) A description of the information provided
				to certified MBEs regarding the plans, specifications, and anticipated time
				schedule for portions of the work to be performed;
(3) As to each certified MBE that placed a
				subcontract quotation or offer that the apparent successful bidder or offeror
				considers not to be acceptable, a detailed statement of the reasons for this
				conclusion;
(4) A list of certified
				MBEs including, if applicable, certified MBEs in each MBE classification, found
				to be unavailable, which shall be accompanied by an MBE unavailability
				verification form signed by the certified MBE, or a statement from the apparent
				successful bidder or offeror that the certified MBE refused to give the written
				verification;
(5) The record of the
				apparent successful bidder's or offeror's compliance with the outreach efforts
				required under Regulation .09C(2)(a)-(e) of this chapter; and
(6) If the request for a waiver is for a
				certain MBE classification within an overall MBE goal, the bidder or offeror
				shall demonstrate reasonable efforts to meet the overall MBE goal with other
				MBE classification or classifications.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.12 - Amendment of MBE Participation Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
A. If at any time after submission of a bid
				or proposal and before execution of a contract, a bidder or offeror determines
				that a certified MBE listed on the MBE participation schedule required under
				Regulation .09C(3) of this chapter has become or will become unavailable or
				ineligible to perform the work required under the contract, then the bidder or
				offeror:
(1) Within 72 hours of making the
				determination, shall provide written notice to the procurement officer;
				and
(2) Within 5 business days of
				making the determination, may make a written request to the procurement officer
				to amend the MBE participation schedule.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.12-1 - Counting Minority Business Enterprise Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. When a
				certified MBE participates in a contract, the procurement agency shall consider
				§§B, C, D, and E of this regulation in determining whether and the
				extent to which the certified MBE's participation may be counted toward the MBE
				participation goals.
B.
				Commercially Useful Function. A procurement agency may count participation of a
				certified MBE contractor toward MBE goals only if the certified MBE is
				performing a commercially useful function on that contract.
(1) Commercially Useful Function.
(a) A certified MBE performs a commercially
				useful function when it is responsible:
(i)
				For execution of the work of the contract and is carrying out its
				responsibilities by actually performing, managing, and supervising the work
				involved; and
(ii) With respect to
				materials and supplies used on the contract, for negotiating price, determining
				quality and quantity, ordering the material, and installing (where applicable)
				and paying for the material itself.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.13 - Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. To ensure
				compliance with certified MBE participation goals, the procurement agency
				shall:
(1) Verify that the certified MBEs
				listed in the MBE participation schedule are actually performing work and
				receiving compensation as set forth in the participation schedule;
				and
(2) Monitor and collect data on
				contractor compliance with contract MBE participation goals.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.15 - Certification - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Department of Transportation is the agency designated to certify, recertify,
				and decertify MBEs. A procurement agency may not permit a person to participate
				in a procurement as a certified MBE unless the Department of Transportation has
				certified the person as a minority business enterprise.
B. Procedure.
(1) Contractors seeking MBE certification
				shall apply to the Department of Transportation. Certification procedures,
				including procedures for recertification and decertification, are those set
				forth in COMAR
				11.01.10.01 o, which incorporates
				by reference the Department of Transportation "Minority Business Enterprise
				Program".
(2) Graduation.
(a) If a certified MBE meets or exceeds the
				small business size standards specified in 13 CFR Part 121, as amended, which
				is incorporated by reference, the MBE is no longer eligible to participate in a
				procurement as a certified MBE. The MBE is still eligible for credit towards an
				MBE goal under a contract entered into when the MBE was eligible and certified.
				Ineligibility of an MBE to participate in the MBE program may not be the sole
				cause of the termination of the MBE contractual relationship for the remainder
				of the term of the contract.
(b)
				If, during the next 3 years, the MBE again becomes qualified under the small
				business size standards specified in 13 CFR Part 121, as amended, which is
				incorporated by reference, the MBE may resume participation as a certified MBE
				through the recertification process.
(c) If, after 3 years of nonparticipation,
				the MBE continues to meet or exceed the small business size standards under 13
				CFR Part 121, as amended, which is incorporated by reference, the MBE is
				considered to have graduated and will no longer be certified.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.16 - Minority Business Enterprise Advisory Committee

Current through Register Vol. 51, No. 14, July 12, 2024
A. There shall be established within the
				Department of Transportation a Minority Business Enterprise Advisory Committee
				which shall make recommendations to the Secretary of Transportation concerning
				certification, expansion of services, and nonrenewals of minority business
				enterprises, and shall advise the Secretary of Transportation on matters
				related to the Minority Business Enterprise Program.
B. The Minority Business Enterprise Advisory
				Committee shall consist of 12 members including:
(1) A chairman and two additional members
				from the Department of Transportation, designated by the Secretary of
				Transportation;
(2) One member from
				the Department of General Services, designated by the Secretary of General
				Services;
(3) One member from the
				University System of Maryland, designated by the Chancellor;
(4) One member from the Department of Budget
				and Management, designated by the Secretary of Budget and Management;
(5) One member from the Department of Public
				Safety and Correctional Services, designated by the Secretary of Public Safety
				and Correctional Services;
(6) One
				member from the Governor's Office of Minority Affairs, designated by the
				Special Secretary; and
(7) Four
				members representing the general public, designated by the Secretary of
				Transportation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.03 - Minority Business Enterprise Policies › Section 21.11.03.17 - Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each procurement
				agency shall make a report annually within 90 days following the close of the
				fiscal year to the Governor's Office of Small, Minority & Women Business
				Affairs, the Department of Transportation, and, subject to State Government
				Article, §
									2-1257, Annotated
				Code of Maryland, to the Joint Committee on Fair Practices and State Personnel
				Oversight that includes for the preceding fiscal year:
(1) The total number and value of procurement
				contracts between the procurement agency and certified MBEs, by specific MBE
				category and by industry type, including whether the MBE participated as a
				prime contractor or as a subcontractor;
(2) The percentage that those procurement
				contracts represent, by specific MBE category and by industry type, of the
				total number and value of procurement contracts;
(3) The total number and the names of
				certified MBEs that participated as prime contractors or as subcontractors on
				procurement contracts awarded by a unit;
(4) For each MBE included in the report under
				§A(3) of this regulation, a list of all procurement contracts awarded by
				the procurement agency to that MBE, including a description of the contract and
				industry type;
(5) The results of
				each compliance assessment conducted by the procurement agency under Regulation
				.13 of this chapter, including for each contract completed during the fiscal
				year:
(a) The names of each prime contractor
				and each subcontractor that participated in the contract;
(b) The type of good or service provided by
				the contract;
(c) The MBE
				participation goal for the contract;
(d) Whether a waiver was granted for the MBE
				participation goal;
(e) The total
				dollar value of payments made to each prime contractor and by each prime
				contractor to each subcontractor during the contract term;
(f) Whether each subcontractor is a certified
				MBE; and
(g) If applicable, a
				description of factors that may have contributed to failure to achieve the MBE
				participation goal for the contract, including documented nonperformance or
				unavailability of a MBE;
(6) The number of waivers granted pursuant to
				Regulation .11 of this chapter; and
(7) An evaluation by the procurement agency
				of the success of its MBE program, which evaluation shall include a brief
				description of the procurement agency's outreach efforts to MBE prime
				contractors and MBE subcontractors.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.04 - Contractor's Affirmative Action Plan Review/Approval and Compliance Monitoring Process - DOT › Section 21.11.04.01 - 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) "Administration" means any one of the
				following units of the Department of Transportation:
(a) Maryland Port Administration;
(b) Motor Vehicle Administration;
(c) State Aviation Administration;
(d) State Highway Administration;
(e) Maryland Transportation
				Authority;
(f) Mass Transit
				Administration;
(g) State Railroad
				Administration; and
(h) Office of
				Assistant Secretary, Administration.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.04 - Contractor's Affirmative Action Plan Review/Approval and Compliance Monitoring Process - DOT › Section 21.11.04.02 - Contractor Affirmative Action Plan Review/Approval Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contract
				Advertisement. All bids or offers on construction contracts shall include the
				Pre-Approved Contractor Affirmative Action Plan which outlines the contractor's
				and subcontractors' responsibilities to insure equal opportunity. When vendors
				secure the project plans and specifications, with the provisions included, they
				also shall receive a copy of the Minority Business Enterprise List and the
				Community Resources List to use as reference materials in developing and
				implementing their Affirmative Action Plans.
B. Pre-Bid or Pre-Proposal Conference. When a
				pre-bid or pre-proposal conference is held, the Administration Equal
				Opportunity Officer shall explain the Pre-Approved Contractor Affirmative
				Action Plan and the use of resource materials provided to assist contractors in
				implementing their Affirmative Action Plans if they are selected as the
				successful bidder or offeror.
C.
				Submissions. The vendors shall submit their bids or proposals in accordance
				with instructions issued by an Administration.
D. Selection of Contractor. The
				Administration shall select the responsible bidder or offeror submitting the
				most favorable bid or most advantageous offer.
E. Administration Submittal. The
				Administration shall submit the Pre-Approved Contractor Affirmative Action Plan
				along with other contract documents to the Contract Unit, OASA for the Board's
				action.
F. Board of Public Works
				Action. The Board reviews and approves the contract.
G. Administration Action. The Administration
				issues a "Notice to Proceed".
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.04 - Contractor's Affirmative Action Plan Review/Approval and Compliance Monitoring Process - DOT › Section 21.11.04.03 - Contractor Affirmative Action Plan Compliance Monitoring Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Once the Board
				has approved a contract, and a "notice to proceed" has been issued by the
				Administration, the formal contractor affirmative action plan compliance
				monitoring process begins and continues throughout the life of the
				contract.
B. The Administration's
				equal opportunity officer will contact the contractor to review specific
				compliance requirements and to give the contractor a compliance assistance
				package containing suggested guidelines and forms.
C. The following points shall be considered
				made when priorities are established for an on-site compliance review:
(1) Whether there has been compliance with
				the approved affirmative action plan based on an evaluation of reports and
				documents;
(2) Whether contracts
				are being performed in a geographic area where there is a significant minority
				labor force or female labor force, or both, within a reasonable recruitment
				area;
(3) Whether contracts are
				being let which hold a great potential for employment and promotion of
				minorities and women.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.05 - Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program › Section 21.11.05.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				otherwise provided in these regulations, this chapter applies to every
				procurement of supplies or services that can be provided by a selling
				entity.
B. Only supplies and
				services that directly benefit Division of Correction inmates, blind persons,
				or disabled persons, through meaningful work experiences, occupational
				opportunities, vocational rehabilitation and training, and work therapy, are to
				be provided by the selling entities.
C. This chapter does not apply to supplies or
				services provided under subcontract to a selling entity.
D. Nothing in this chapter shall require a
				procurement agency to lessen or otherwise alter its reasonable performance,
				quality, design, delivery, or quantity specifications in order to meet a
				selling entity's ability to provide a supply or service.
E. Except as specifically provided in these
				regulations, nothing contained in this chapter shall limit or define a
				procurement agency's rights or remedies otherwise available by law or by
				contract.
F. Services procured from
				an Employment Works Program community service provider are not subject to the
				cost savings requirements of State Personnel and Pensions Article, §
									13-405,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.05 - Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program › Section 21.11.05.03 - Determining Fair Market Price

Current through Register Vol. 51, No. 14, July 12, 2024
A. In determining
				fair market prices for services or supplies, the Pricing and Selection
				Committee for Preferred Providers may consider:
(1) The price on the open market of a similar
				quantity of services or supplies of equal quality and standards that meet the
				requirements of the procurement agencies;
(2) The price last paid as a result of a
				competitive procurement selection process for substantially similar services or
				supplies as adjusted for inflation, deflation, or other change in market
				conditions;
(3) A reliable
				independent appraisal of the value of substantially similar services or
				supplies;
(4) A procurement
				agency's or control authority's reasonable estimate of the cost of
				substantially similar services or supplies and any other pertinent information;
				and
(5) The cost of the services if
				performed by State personnel.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.05 - Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program › Section 21.11.05.04 - Duties of the Pricing and Selection Committee for Preferred Providers

Current through Register Vol. 51, No. 14, July 12, 2024
The Pricing and Selection Committee for Preferred Providers
				  shall:
A. Determine the prevailing
				average market prices for supplies and services provided by Maryland
				Correctional Enterprises;
B.
				Determine the fair market prices for supplies and services provided by Maryland
				Correctional Enterprises;
C.
				Include in the master list:
(a) A listing of
				those supplies and services available for procurement from Maryland
				Correctional Enterprises,
(b) The
				fair market price for each supply and service,
(c) Any necessary instructions governing the
				procurement of a supply or service from Maryland Correctional
				Enterprises;
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.05 - Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program › Section 21.11.05.05 - Coordination

Current through Register Vol. 51, No. 14, July 12, 2024
The Pricing and Selection Committee for Preferred Providers
				  shall meet at least annually, at the call of the Secretary of General Services,
				  in order to:
A. Review the status of
				State procurement under this chapter;
B. Resolve any disputes among the selling
				entities, including disputes relating to pricing, pricing mechanisms,
				procurement priorities, and procurement procedures; and
C. Develop recommendations to improve the
				procedures set forth in this chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.05 - Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program › Section 21.11.05.06 - Responsibilities of Selling Entities

Current through Register Vol. 51, No. 14, July 12, 2024
Each selling entity shall:
A. Annually, or more frequently if required,
				transmit to the Pricing and Selection Committee for Preferred Providers, in the
				form and by the date prescribed by the Pricing and Selection Committee for
				Preferred Providers, a complete listing of services and supplies the selling
				entity reasonably will be able to provide for State procurement during the
				12-month period following scheduled publication of the master list, together
				with the suggested fair market prices for each service or supply;
B. Consult periodically with the procurement
				agencies and, as appropriate, with the Secretary of General Services, or
				designee, to assist in the establishment of reasonable and uniform standards,
				including those governing quantity, quality, style, design, and delivery of
				services and supplies pursuant to this chapter;
C. Within 5 working days of receipt of an
				inquiry from a procurement agency, notify the procurement agency and the
				Secretary of General Services or designee if the requested service or supply
				can or cannot be provided in accordance with the procurement agency's
				specifications within the time specified in the solicitation;
D. Promptly notify the Secretary of General
				Services or designee if any service or supply included in the master list shall
				become unavailable;
E. Immediately
				notify the Secretary of General Services or designee of any unresolved dispute
				with a procurement agency and request its resolution by the Secretary or
				designee.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.05 - Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program › Section 21.11.05.07 - Responsibilities of Procurement Agencies

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				Purchasing Requirements.
(1) Except as
				provided in §B of this regulation, each procurement agency shall procure
				available supplies and services from a selling entity in accordance with this
				chapter.
(2) If a selling entity's
				price for needed services or supplies exceeds the funds available for the
				procurement, the procurement agency shall attempt to negotiate an acceptable
				price with the selling entity.
(3)
				To the extent practicable, a State unit or State aided or controlled entity
				shall include in a maintenance contract that has a component for housekeeping
				or janitorial services, a requirement that a prime contractor procure
				janitorial products from Blind Industries and Services of Maryland if the
				specified products are made, manufactured, remanufactured, or assembled by
				Blind Industries and Services of Maryland and are
				available.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.05 - Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program › Section 21.11.05.08 - Minority Business Status

Current through Register Vol. 51, No. 14, July 12, 2024
In calculating compliance with the certified Minority
				  Business Enterprise goals under COMAR 21.11.03 and for reporting purposes under
				  COMAR 21.11.03.17 o, a procurement
				  agency may:
A. Include in its MBE
				procurements the annual dollar value of its contracts with:
(1) Blind Industries and Services of
				Maryland;
(2) Community service
				providers; and
(3)
				Individual-with-disability-owned businesses.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.05 - Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program › Section 21.11.05.09 - Small Business

Current through Register Vol. 51, No. 14, July 12, 2024
The selling entities do not qualify for small business
				  procurement programs under COMAR 21.11.01.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.01 - 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) "Environmentally preferable purchasing"
				means the procurement or acquisition of goods and services that have a lesser
				or reduced effect on human health and the environment when compared with
				competing goods or services that serve the same purpose, based on the raw
				materials, manufacturing, packaging, distribution, use, reuse, operation,
				maintenance, and disposal of the goods or services.
(1-1) "Environmentally preferable product or service" means a
				  product or service that, throughout the full life cycle of the product or
				  service:
(a) Is energy efficient, water
				  efficient, biobased, non-ozone depleting, made with recycled content or
				  nontoxic; or
(b) Has other
				  attributes recognized as environmentally preferable by the Maryland Green
				  Purchasing Committee.
(1-2) "EPEAT" means the electronic product environmental
				  assessment tool.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.02 - Reciprocal Preference-Resident Bidders/Offerors

Current through Register Vol. 51, No. 14, July 12, 2024
Reciprocal preferences shall be in accordance with COMAR
				  21.05.01.04 o.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.03 - Recycled Paper Purchases

Current through Register Vol. 51, No. 14, July 12, 2024
A. Of
				the total volume of paper that the Secretary of General Services buys, at least
				90 percent shall be recycled paper.
B. In purchasing any paper or paper products
				as supplies for any using agency pursuant to State Finance and Procurement
				Article, Title 4, Subtitle 3, Annotated Code of Maryland, the Secretary of
				General Services, to the fullest extent practicably possible, shall purchase or
				approve for purchase only such supplies as are manufactured or produced from
				recycled paper.
C. If recycled
				paper that meets the definition set forth in Regulation .01B(7) of this chapter
				is unavailable, then for purposes of complying with the requirements of this
				chapter, the Department of General Services and other State agencies may
				purchase recycled paper and paper products that have the highest percentage of
				post-consumer material that, at minimum, meets EPA guidelines, provided that
				reasonable levels of competition, cost, availability, and technical performance
				are maintained.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.04 - Low Noise Supplies

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				units of State government shall acquire by purchase or lease, to the greatest
				extent practicable, the quietest available supplies.
B. Supplies certified by the Administrator of
				the United States Environmental Protection Agency as "low noise emission
				products" pursuant to § 15 of the Noise Control Act of 1972 shall be
				considered to meet the intent of this regulation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.06 - Determinations

Current through Register Vol. 51, No. 14, July 12, 2024
Whenever the provisions of this chapter cannot be satisfied,
				  the procurement officer shall:
A. Make
				a determination, subject to the approval of the agency head, that explains or
				justifies the need to make a procurement which does not satisfy the
				requirements of this chapter; and
B. Retain that determination in the contract
				file for at least 3 years.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.07 - Mercury and Products that Contain Mercury

Current through Register Vol. 51, No. 14, July 12, 2024
A. All procurement agencies shall give a
				preference under this regulation to procuring products and equipment that are
				mercury-free. If mercury-free products and equipment that meet the agency's
				product performance requirements are not commercially available, the
				procurement agency shall give preference under this regulation to products
				containing the least amount of mercury necessary to meet performance
				requirements.
B. Procurement
				solicitations for products that may contain mercury shall give a price
				preference not exceeding 5 percent to bids or proposals for products that are
				mercury free or, if the procurement solicitation states, to products containing
				the least amount of mercury. A procurement officer:
(1) Shall specify in any specific procurement
				solicitation, a price preference not exceeding 5 percent; and
(2) May limit competition in any specific
				procurement solicitation to only mercury-free products.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.08 - Locally Grown Foods

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				"Locally grown food" means food grown in Maryland.
B. State schools and facilities shall give a
				preference under this regulation to procuring locally grown food.
C. State schools and facilities shall include
				in procurement solicitations a price preference not exceeding 5 percent to bids
				or proposals for locally grown food. A procurement officer:
(1) Shall specify in any specific procurement
				solicitation a price preference not exceeding 5 percent; and
(2) May limit competition in any specific
				procurement solicitation to only locally grown foods.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.09 - Environmentally Preferable Purchasing

Current through Register Vol. 51, No. 14, July 12, 2024
A. All procurement agencies shall purchase
				environmentally preferable products and services unless purchasing
				environmentally preferable products and services would limit or supersede any
				requirements under any provision of law or result in the purchase of products
				and services that:
(1) Do not perform
				adequately for the intended use;
(2) Exclude adequate competition;
				or
(3) Are not available at a
				reasonable price in a reasonable period of time.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.10 - Compost

Current through Register Vol. 51, No. 14, July 12, 2024
A State or local unit responsible for the maintenance of
				  public lands in the State, to the maximum extent practicable, shall give
				  preference to the use of compost in any land maintenance activity that is
				  publicly funded.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.11 - Energy Efficient Outdoor Lighting Fixtures

Current through Register Vol. 51, No. 14, July 12, 2024
A. If State funds are used to install or
				replace a permanent outdoor luminaire for lighting on the grounds of any
				building or facility owned or leased by the State or a unit of the State,
				procurement specifications shall require that:
(1) Design of the luminaire maximizes energy
				conservation and minimizes light pollution, glare, and light
				trespass;
(2) Illumination produced
				by the luminaire is the minimum illumination necessary for the intended purpose
				of the lighting; and
(3) For a
				luminaire with an output of more than 1,800 lumens, the luminaire is a
				restricted uplight luminaire.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.12 - Employee Uniforms and Equipment - Country of Manufacture

Current through Register Vol. 51, No. 14, July 12, 2024
A. A public
				employer may not knowingly buy, furnish, or require an employee to buy or
				acquire for use while on duty the following items if those items are
				manufactured outside of the United States:
(1) A uniform or any other item of apparel,
				the selection of which is not within the employee's discretion except for the
				proper size of the item; or
(2)
				Safety equipment and protective accessories.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.13 - Purchasing Electronic Products

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				In this regulation, "Electronic Product" means a product covered by EPEAT or
				another comprehensive environmental rating system approved by the Department of
				Information Technology.
B. When
				purchasing an electronic product to be used by the State, a procurement agency
				shall purchase an electronic product that:
(1) Is listed and rated silver or gold on the
				EPEAT registry; or
(2) Meets
				nationally-recognized and consensus-based standards established by a
				comprehensive environmental rating system approved by the Department of
				Information Technology.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.07 - Miscellaneous Purchasing Preferences › Section 21.11.07.14 - Recycle Services - Electronic Products

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, the following terms
				have the meanings indicated.
B.
				Terms Defined.
(1) "Certified e-Stewards
				recycler" means a recycler of electronic products that has successfully
				completed the e-Stewards certification program created by the Basel Action
				Network;
(2) "Electronic product"
				means a product acceptable for recycling by:
(a) A certified e-Stewards
				recycler;
(b) An R2-certified
				recycler; or
(c) A recycler of
				electronic products that meets nationally-recognized and consensus-based
				guidelines, standards, and systems for recycling that are approved by the
				Department of the Environment in consultation with the Department of General
				Services.
(3)
				"R2-certified recycler" means a recycler of electronic products that is
				certified in the R2 practices standards that are maintained by R2
				Solutions.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.08 - Drug and Alcohol Free Workplace › Section 21.11.08.01 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Drug and alcohol
				abuse in the workplace leads to a decrease in productivity, economy, and the
				maximum benefit to be derived from the purchasing power of the State, thereby
				decreasing and undermining public confidence in the State procurement
				system.
B. The State has an
				interest in assuring the public that recipients of funds under State
				procurement contracts are not using these monies to maintain or foster,
				directly or indirectly, workplaces where drug or alcohol abuse
				occurs.
C. The State is committed
				to encouraging all non-State entities that do business with the State to make a
				good faith effort to eliminate unlawful drug use and drug and alcohol abuse
				from their workplaces.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.08 - Drug and Alcohol Free Workplace › Section 21.11.08.02 - 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) "Abuse" means the use of:
(a) Alcohol when it may impair job
				performance or endanger the safety of others in the workplace;
(b) Any illegal drug;
(c) Any over-the-counter drug when the user
				knows or should know that it may impair job performance or endanger the safety
				of others in the workplace; or
(d)
				Any prescription drug in a manner or under circumstances that the user knows or
				should know is inconsistent with its medically prescribed, intended
				use.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.08 - Drug and Alcohol Free Workplace › Section 21.11.08.04 - Disqualification

Current through Register Vol. 51, No. 14, July 12, 2024
Failure of a bidder or offeror to provide the certification
				  required by Regulation .03 of this chapter, shall render the bidder or offeror
				  unqualified and ineligible for contract award.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.08 - Drug and Alcohol Free Workplace › Section 21.11.08.05 - Remedies

Current through Register Vol. 51, No. 14, July 12, 2024
A. Suspension of
				Contract Payments. After making a determination that adequate evidence to
				suspect any of the causes in §D, of this regulation, exists, the
				procurement officer, with the approval of the agency head, the appropriate
				control agency, and the Office of the Attorney General, may suspend payments
				under the procurement contract.
B.
				Contract Termination. After making a determination that any of the causes in
				§D, of this regulation, exists, the procurement officer, with the approval
				of the agency head, the appropriate control agency, and the Office of the
				Attorney General, may terminate the procurement contract for default under
				COMAR 21.07.01.11 o or
				21.07.03.15 o, as
				applicable.
C. Suspension and
				Debarment. Upon initiating action under §A or B, of this regulation, the
				agency head, through the appropriate control agency, shall refer the matter to
				the Board for suspension and debarment under COMAR 21.08.06.
D. The specific causes for suspension of
				contract payments, termination of a contract for default, or suspension and
				debarment are the:
(1) Contractor has
				submitted a false certification in response to a provision regarding a drug and
				alcohol free workplace under COMAR
				21.05.08.07BB or
				21.07.01.25B;
(2) Contractor has failed to comply with its
				certification under COMAR
				21.05.08.07BB or
				21.07.01.25B;
				or
(3) Contractor has failed to
				make a good faith effort to provide a drug and alcohol free workplace, as
				evidenced by recurring convictions of the contractor's employees for drug and
				alcohol offenses occurring in the workplace.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.08 - Drug and Alcohol Free Workplace › Section 21.11.08.06 - Implementation and Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				procurement agency shall be responsible for the implementation of these
				regulations.
B. The control
				agencies shall be responsible for the enforcement of these
				regulations.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.09 - Vending Facilities on Property Controlled by Department of General Services › Section 21.11.09.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Blind person" means a person who, after
				examination by a physician skilled in diseases of the eye or by an optometrist,
				has been determined to have not more than 20/200 central visual acuity in the
				better eye with correcting lenses or an equally disabling loss of the visual
				fields to the extent that the field in the better eye is constricted to an
				angle of 20-° or less.
(2) "Cost
				of Goods Sold" means the inventory cost of the products sold.
(3) "Department" means the Department of
				General Services.
(4) "Division"
				means the Division of Rehabilitation Services of the State Department of
				Education.
(5) "Licensed blind
				vendor" means a blind person who has been licensed by the Division to operate a
				vending facility on federal, State, or other property.
(6) "Occupant" means any State agency, board,
				commission, institution, or commercial concession which occupies space within
				property controlled by the Department.
(7) "Program" means the Maryland Vending
				Program for the Blind.
(8)
				"Property controlled by the Department" means any buildings, land, or other
				real property owned or leased by the State which is managed by Department
				personnel.
(9) "Reasonable services
				and maintenance costs in accordance with customary business practices" means
				personnel and repair costs, including equipment and transportation costs,
				taxes, overhead and administration costs and commercial vendor
				profits.
(10) "Receipts" means
				payments made to the program by a commercial vending company which operates
				services and maintains vending machines on property controlled by the property
				managing agency
(11) "Vending
				facility" means vending machines, cafeterias, snack bars, and other concession
				stands for the sale of foods, beverages, newspapers, periodicals, confections,
				tobacco products, and other merchandise including the sale or exchange of
				chances for any lottery authorized by State law and conducted by an agency of
				the State.
(12) "Vending machine"
				means a currency-operated machine that dispenses products or
				services.
(13) "Vending machine income" means: receipts, other
				than those of a licensed blind vendor, from vending machine operations on
				property controlled by the Department after deducting costs of goods sold,
				including reasonable service and maintenance costs in accordance with customary
				business practices.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.09 - Vending Facilities on Property Controlled by Department of General Services › Section 21.11.09.02 - Priority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				shall cooperate with the Division to establish, whenever possible, vending
				facilities on property controlled by the Department.
B. The Program has priority to operate a
				vending facility on property controlled by the Department, according to the
				following:
(1) The Department shall give the
				Program the first opportunity to operate:
(a)
				A new vending facility on property controlled by the Department, on terms that
				are equal to or more favorable than the Department would offer to another
				operator,
(b) An existing Program
				vending facility on property controlled by the Department on terms that are
				equal to or more favorable than the existing terms;
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.09 - Vending Facilities on Property Controlled by Department of General Services › Section 21.11.09.03 - Procedures for Establishment of Vending Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Survey of Property. The Program, in
				cooperation with the Department and occupants, shall survey all property
				controlled by the Department and recommend to the Department what vending
				facilities are required to adequately serve the occupants at each location,
				according to the following:
(1) The
				Department shall provide to the Division an inventory of existing property
				controlled by the Department by July 1 of each year;
(2) As early as possible, the Department
				shall notify the Division in writing of plans to renovate existing property,
				relocate, purchase, build, or otherwise acquire management of property to be
				controlled by the Department;
(3)
				Factors to be considered by the Program and the Department include, but are not
				limited to:
(a) The site's
				accessibility;
(b) Available
				space;
(c) Available funding;
				and
(d) Other factors relevant to a
				determination of the suitability of a location.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 11 - SOCIOECONOMIC POLICIES › Chapter 21.11.09 - Vending Facilities on Property Controlled by Department of General Services › Section 21.11.09.04 - Operation of Vending Facilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department and the Division shall
				enter into written agreements authorizing the establishment of each vending
				facility and setting forth the terms for operation and maintenance of each
				vending facility including, but not limited to, matters such as overhead,
				maintenance, utilities, equipment repair, and replacement.
B. The Program shall manage all vending
				facilities on property controlled by the Department in accordance with the
				standards established by the written agreements and by COMAR
				13A.11.04.
C. The Program may
				contract with third parties to provide vending machine services on property
				controlled by the Department.