Md. Code Regs. 21.02.01.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 21.02.01.05 - Review and Approval of the Award of Procurement Contracts

A. Action Agendas.

(1) Except as otherwise provided in COMAR 21.05.06, the Board shall review and approve the award of those procurement contracts not delegated under this chapter, before execution.

(2) The departments shall prepare a separate item for each procurement contract not delegated under this chapter, and shall submit the items to the Board in accordance with the following procedures:

(a) The Department of General Services shall submit the items on the Department of General Services Action Agenda;

(b) The Department of Transportation and the Maryland Transportation Authority shall submit the items on the Department of Transportation's Action Agenda;

(c) The University System of Maryland shall submit items requiring Board approval pursuant to COMAR 21.01.03.01A -1E on a supplement to the Board Secretary's Action Agenda;

(d) For those specific projects as may be authorized from time to time by the General Assembly and to the extent so authorized, the Maryland Environmental Service shall submit the items on the Board Secretary's Action Agenda; and

(e) Morgan State University and St. Mary's College of Maryland shall submit the items on the Board Secretary's Action Agenda.

(3) The procurement agencies shall:

(a) Pursuant to COMAR 21.05.06.02, submit, as an appendix to the Board Secretary's Action Agenda for the Board's subsequent review, a separate item for each award of an emergency procurement contract or emergency contract modification that, with prior modifications, aggregates in excess of $50,000. Each procurement agency shall be responsible for defending its own emergency procurements to the Board.

(b) Pursuant to COMAR 21.05.06.03, submit each expedited item as an appendix to the appropriate control agency's action agenda whenever a procurement agency requests the Board's approval to make an expedited procurement, and whenever the outcome of a previously approved expedited procurement is being reported.

(4) The departments also shall submit on the appropriate Action Agenda for the Board's prior review and approval, the award of any procurement contract containing a clause which permits the laws of a jurisdiction other than Maryland to prevail.

(5) The Board reserves the right to require that any particular procurement contract be brought before the Board for final disposition on one of the Action Agendas.

(6) A department may request that any particular procurement contract be brought before the Board for final disposition on one of the Action Agendas.

(7) Except as otherwise provided in COMAR 21.05.06, the award of any procurement contract which must be submitted to the Board for approval pursuant to this chapter may not take effect until it has been approved by the Board.

B. Procurement Agency Activity Reports (PAAR).

(1) The Departments shall prepare and submit to the Board Procurement Agency Activity Reports (PAAR) covering all procurement contracts in excess of $50,000, except contracts for the purchase of commodities and supplies, made pursuant to this chapter during the previous calendar month or not previously reported.

(2) In addition, a PAAR shall include a report of:

(a) All contract modifications and option renewals greater than $50,000, but less than the amount requiring Board approval, approved by the departments pursuant to this chapter;

(b) All cancellations of solicitations or rejections of all bids or proposals approved by the departments pursuant to COMAR 21.06.02; and

(c) All construction contract change orders greater than $50,000, but less than the amount requiring Board approval, approved by the Departments of General Services and Transportation and the Maryland Port Commission pursuant to this chapter.

(3) The PAAR of the Department of General Services shall include a summary report of those invoices approved pursuant to this chapter which did not result from competitive bidding.

(4) The PAAR shall contain an item for each procurement contract required by this chapter to be reported and shall include at a minimum the following elements:

(a) A short abstract of the procurement contract;

(b) Name of contracting agency/entity;

(c) Date of contract award;

(d) Contract number/identifier;

(e) Project title (short description);

(f) Name, city, and state of contractor;

(g) Amount of contract and fund source;

(h) Procurement method used (include justification if other than competitive sealed bidding or if preference given); and

(i) Number of bids/offers received.

(5) The PAAR shall be delivered by the Departments directly to the Secretary to the Board of Public Works, not later than the second Wednesday of the month following the reporting period, for inclusion as an item on the next Board Secretary's Action Agenda.

C. The provisions of this regulation requiring submission of Action Agendas and PAARS to the Board do not apply to procurements by the Treasurer pursuant to Regulation .04E of this chapter. However, quarterly, the Treasurer shall submit to the Board, on the Board Secretary's Action Agenda, a description of procurements made pursuant to Regulation .04E during the preceding quarter. The description shall include the elements listed in §B(4) of this regulation.

Md. Code Regs. 21.02.01.05

Regulations .05 amended effective May 10, 1982 (9:9 Md. R. 912)
Regulation .03B amended and Regulations .05 adopted effective November 7, 1983 (10:22 Md. R. 1969)
Regulations .05 amended as an emergency provision effective June 30, 1982 (9:15 Md. R. 1510); emergency status extended at 9:16 Md. R. 1601, 9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1983)
Regulation .05A amended effective May 6, 1985 (12:9 Md. R. 815)
Regulation .05B amended as an emergency provision effective July 1, 1982 (9:15 Md. R. 1509); emergency status extended at 9:16 Md. R. 1601, 9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1984)
Regulation .05A amended effective July 20, 1992 (19:14 Md. R. 1286); April 24, 1995 (22:8 Md. R. 598); February 24, 1997 (24:4 Md. R. 293); October 18, 1999 (26:21 Md. R. 1631); March 12, 2007 (34:5 Md. R. 562); July 27, 2009 (36:15 Md. R. 1167)
Regulation .05B amended effective July 20, 1992 (19:14 Md. R. 1286); April 24, 1995 (22:8 Md. R. 598); February 24, 1997 (24:4 Md. R. 293); March 8, 1999 (26:5 Md. R. 393); March 12, 2007 (34:5 Md. R. 562); April 7, 2008 (35:7 Md. R. 751); amended effective 44:7 Md. R. 353, eff. 4/10/2017; amended effective 46:5 Md. R. 310, eff. 3/11/2019; amended effective 46:14 Md. R. 621, eff. 7/15/2019; amended effective 47:13 Md. R. 643, eff. 6/29/2020; amended effective 49:18 Md. R.819, eff. 9/5/2022