Md. Code Regs. 21.05.12.04

Current through Register Vol. 51, No. 21, October 18, 2024

Section 21.05.12.04 - Noncompetitive Negotiated Procurement of Human, Social, or Educational Services

A. Only human, social, or educational services may be procured by this method.

B. The noncompetitive negotiated procurement method may be used if:

(1) The procurement officer, with the approval of the agency head, determines that two or more sources for the services are available but that, because of the absence of effective competition, it is unreasonable to expect those sources to respond to an invitation for bids under COMAR 21.05.02 or request for proposals under COMAR 21.05.03.

(2) The procurement is to obtain one of the following services:

(a) An employer in a program of on the job training for employment and training purposes;

(b) Group foster care services for children or adults under a negotiated rate system adopted by regulation; or

(c) The following services for the mentally ill:

(i) Residential rehabilitation services,

(ii) Community rehabilitation services (psychosocial), or (in) Therapeutic group home services for children and adolescents.

C. Public Notice.

(1) At least 10 days before general expressions of interest are due, the procurement agency shall give public notice of its general requirements for services and request interested service providers to respond with written general expressions of interest.

(2) Public notice of any request for expressions of interest shall:

(a) Be sent to known potential providers; and

(b) Be sent to interested advocacy organizations.

(3) If the procurement agency expects that any contract may exceed $25,000, the request for general expressions of interest shall so state and shall be published in eMaryland Marketplace.

D. As a need for the services arises, the procurement officer may:

(1) Conduct discussions with one or more responsible service providers that previously submitted an expression of interest; and

(2) Award a contract to a provider if the procurement agency head, on the basis of discussions or past experience with the provider, determines that an award will be in the State's best interest.

E. As far as practicable in the course of a particular noncompetitive negotiated procurement, the procurement officer shall give responsible service providers that submitted acceptable or potentially acceptable expressions of interest fair and equal treatment with respect to discussions.

F. Notice of any award, regardless of amount, under this regulation shall be published in eMaryland Marketplace.

Md. Code Regs. 21.05.12.04

Regulation .04 adopted effective 43:26 Md. R. 1449, eff. 1/2/2017