Md. Code Regs. 21.05.09.04

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

Section 21.05.09.04 - Determinations Required

A. The procurement officer for a primary procurement unit shall make a determination in accordance with §B or C of this regulation before the primary procurement unit may:

(1) Initially sponsor or participate in an intergovernmental cooperative purchasing agreement;

(2) Renew an intergovernmental cooperative purchasing agreement; or

(3) Modify an intergovernmental cooperative purchasing agreement.

B. A determination under §A(1) of this regulation shall be in writing and include:

(1) Sufficient evidence that the intergovernmental cooperative purchasing agreement:

(a) Will provide cost benefits to the State; or

(b) Will promote administrative efficiencies, or promote intergovernmental cooperation; and

(2) A statement how the intergovernmental cooperative purchasing agreement:

(a) Is in the best interest of the State; and

(b) Is not intended as a means to evade the purposes set forth under COMAR 21.01.01.03.

C. A determination under §A(2) or (3) of this regulation shall be in writing and include:

(1) Sufficient evidence that the intergovernmental cooperative purchasing agreement:

(a) Will provide cost benefits to the State; and

(b) Will promote administrative efficiencies, or promote intergovernmental cooperation; and

(2) A statement how the intergovernmental cooperative purchasing agreement:

(a) Is in the best interest of the State; and

(b) Is not intended to evade the purposes set forth under COMAR 21.01.01.03.

D. A primary procurement unit shall post each determination required under this regulation on the primary procurement unit's website before sponsoring, participating in, renewing, or modifying an intergovernmental cooperative purchasing agreement.

Md. Code Regs. 21.05.09.04

Regulation .04 amended effective 46:5 Md. R. 310, eff. 3/11/2019