Md. Code Regs. 15.01.19.07

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.01.19.07 - Waiver

A. An agency head may waive any of the provisions of Regulation .06 of this chapter for a sole-source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of those procedures.

B. If, for good reason, the apparent successful bidder or offeror is unable to achieve the overall Certified Local Farm Enterprise contract goal, the bidder or offeror shall submit to the procurement agency the following documentation in support of a waiver request:

(1) A detailed statement of the efforts made to utilize Certified Local Farm Enterprises;

(2) A detailed statement of the efforts made to contact and negotiate with Certified Local Farm Enterprises, including:

(a) The names, addresses, dates, and telephone and certification numbers of Certified Local Farm Enterprises contacted;

(b) A description of the information provided to Certified Local Farm Enterprises contacted regarding any solicitation; and

(3) A list of Certified Local Farm Enterprises found to be unavailable.

C. A procurement agency may only grant a waiver of a Certified Local Farm Enterprise contract goal upon a reasonable demonstration by the bidder or offeror that Certified Local Farm Enterprise participation was unable to be obtained, or was unable to be obtained at a reasonable price, and if the agency head or designee determines that the public interest is served by a waiver. In making a determination under this section, the agency head or designee may consider supply estimates, food prices, general market availability, and availability of Certified Local Farm Enterprises in the area where the food is to be supplied, other bids or offers substantiating significant variances between Certified Local Farm Enterprises and noncertified suppliers, and their impact on the overall cost of the contract to the State and any other relevant factor.

D. The Office may waive any of the requirements of this chapter for a sole-source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of the requirements in this chapter.

E. When a waiver is granted, one copy of the waiver determination and the reasons for the determination shall be kept by the Office.

F. Not later than July 31 of each year, the Office shall submit directly to the Board of Public Works an Annual Report of Waivers Granted under this regulation.

G. The report required under §F of this regulation shall contain the following information on those contracts where Certified Local Farm Enterprise goals are present and one or more waiver requests have been approved:

(1) The contract titles, numbers, and dates;

(2) The number of waiver requests received;

(3) The number of waiver requests granted; and

(4) Any other information specifically requested by the Board of Public Works.

H. The Board of Public Works shall:

(1) Retain a copy of the Annual Report of Waivers Granted; and

(2) Forward a copy of the Annual Report of Waivers Granted to the Senate Education, Health and Environmental Affairs Committee and the House Health and Government Operations Committee on or before October 1 of each year.

Md. Code Regs. 15.01.19.07

Regulation .07 adopted effective 49:2 Md. R. 76, eff. 12/16/2021; amended effective 49:7 Md. R.469, eff. 4/4/2022