Md. Code Regs. 21.05.06.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 21.05.06.03 - Expedited Procurements

A. Authority.

(1) A procurement officer may make an expedited procurement when the following conditions have been met:

(a) The procurement officer has made the written determination required by §C of this regulation, and the agency head or designee has approved the determination; and

(b) The Board has approved the use of the expedited procurement method.

(2) The Board may approve expedited procurements on a project-by-project or contract-by-contract basis. It may approve or deny a request by the procurement agency to make an expedited procurement and may stipulate any conditions or limitations on the procurement which it deems appropriate.

B. Source Selection.

(1) Competitive solicitation of bids or offers shall be the preferred method of making an expedited procurement and may include:

(a) Public notice in a newspaper in general circulation in the area in which the supplies, maintenance, services, commodities, construction, or construction-related services are to be furnished;

(b) Notice by posting on the procurement agency's bid board, if any; and

(c) Direct solicitation by mail from persons who are believed to be qualified to perform the contract.

(2) A noncompetitive source selection may be made if the time between the date the need to make an expedited procurement first became known to the procurement agency and the date when the contract must be begun is insufficient to permit a competitive solicitation, or for some other reason that precludes use of competitive solicitation.

C. Determinations. When the expedited procurement method is used, the procurement officer shall make a written determination that:

(1) Explains why an expedited procurement best serves the public interest and why the need to make an expedited procurement outweighs the benefits of making the procurement by competitive sealed bidding or competitive sealed proposals; and

(2) Justifies any noncompetitive selection.

D. Approval Procedure.

(1) The procurement agency shall obtain the Board's approval before using the expedited procurement method.

(2) The procurement agency shall request the Board's approval of an expedited procurement in accordance with COMAR 21.02.01.05A(3)(b). The approval request shall include:

(a) The determination required by §C of this regulation, including the documented approval of the agency head or designee as required by §A(1)(a) of this regulation.

(b) A detailed statement of the expected impact upon the State if the procurement is not made on an expedited basis. The statement shall include an estimate of lost revenues, if applicable.

E. Record of Expedited Procurements.

(1) Notice of award shall be published in eMaryland Marketplace by the procurement agency not more than 30 days after the approval and execution of the contract.

(2) A record of each expedited procurement contract shall be made as soon as practicable and shall set forth:

(a) The date the Board approved the use of the expedited procurement method;

(b) The date of award;

(c) The selected contractor's name;

(d) The amount and type of the contract;

(e) The names of persons solicited and their responses;

(f) A listing of supplies, services, maintenance, commodities, construction, or construction-related services procured under the contract;

(g) The basis for the selection of a particular contractor; and

(h) The identification number, if any, of the contract file.

(3) The record in §E(2) of this regulation shall be reported to the Board within 30 days of contract award as an appendix to the appropriate control agency's regular action agenda.

Md. Code Regs. 21.05.06.03

Regulation .03A amended effective December 25, 2000 (27:25 Md. R. 2284)
Regulation .03E amended effective November 7, 2005 (32:22 Md. R. 1759); April 7, 2008 (35:7 Md. R. 751); amended effective 49:18 Md. R.819, eff. 9/5/2022