Md. Code Regs. 21.02.01.04

Current through Register Vol. 51, No. 25, December 13, 2024

Section 21.02.01.04 - Delegation of Procurement and Contracting Authority

A. Repealed.

B. The Department of General Services. The Board hereby delegates authority to the Secretary of General Services for the approval and award of the following procurement contracts within the Department's jurisdiction:

(1) Capital construction contracts, construction-related services contracts, information technology contracts, including information processing equipment, cloud computing equipment and associated services, and information technology system modernization, as provided in State Finance and Procurement Article, Title 3.5, Subtitle 3, Annotated Code of Maryland, telecommunication equipment systems or services as provided in State Finance and Procurement Article, Title 3.5, Subtitle 4, Annotated Code of Maryland, service contracts, architectural and engineering contracts, maintenance contracts, contracts for rental vehicles supplied to using agencies in accordance with COMAR 21.02.05.08, secondary competition awards, renewal options, and modifications in accordance with COMAR 21.05.13.06, capital construction change orders, capital construction-related service change orders, information processing equipment and associated services change orders, cloud computing services change orders, and information technology system and cybersecurity upgrades change orders in accordance with State Finance and Procurement Article, Title 3.5, Subtitle 3, in the amount of $200,000 or less;

(2) For any single item of equipment or single equipment lease, equipment contracts and leases of equipment in the amount of $200,000 or less, unless funded with general obligation bond proceeds which must be approved by the Board regardless of amount;

(3) Contract modifications, excluding construction contract change orders, that:

(a) Do not materially change the scope of the original contract,

(b) Individually do not change the amount of the contract, or any cost component of the contract, by more than $50,000, or

(c) Exercise by a using agency a contract option of $200,000 or less;

(4) Invoices necessary for the administration of capital improvement contracts;

(5) All contracts for the purchase of commodities and supplies, except for contracts for single items of equipment or single equipment leases in an amount over $200,000;

(6) Contracts in the amount of $100,000 or less resulting from sole source procurement;

(7) Contracts in the amount of $50,000 or less resulting from competitive sealed bidding or competitive sealed proposals procurements in which only one bid or offer was received;

(8) Leases for agency-supplied employee housing;

(9) Purchasing, leasing, and rental contracts for the acquisition of motor vehicles for use by State officials and employees, pursuant to State Finance and Procurement Article, Title 3, Subtitle 5, Annotated Code of Maryland;

(10) Procurements by the Department for the purpose of modernizing cybersecurity infrastructure for the State valued below $1,000,000; and

(11) Energy Performance Contracts.

(a) A procurement agency shall consult with the Department of General Services during the development phase of a project that will require an energy performance contract.

(b) Before issuing a request for proposals for an energy performance contract, a procurement agency shall consult with the Department of General Services and the Chief Procurement Officer.

(c) The Department of General Services shall review the proposed request to ensure that it meets with the State energy standards and preserves the State's flexibility to investigate and use economically justifiable new technologies.

(d) A procuring agency pursuing an energy contract must receive final approval from the Department of General Services before submitting the proposed contract to the Board of Public Works for approval.

(e) Notwithstanding any other provision of law and subject to the approval and control of the Board of Public Works and the Chief Procurement Officer, a unit of State government is authorized to enter into energy performance contracts of up to 30 years' duration.

C. The Department of Transportation.

(1) The Board hereby delegates authority to the Secretary of Transportation and to the Maryland Transportation Authority for the approval and award of the following procurement contracts within their respective jurisdictions:

(a) Transportation-related construction contracts and change orders in the amount of $200,000 or less;

(b) Capital construction-related service contracts and change orders in the amount of $200,000 or less;

(c) Architectural and engineering contracts in the amount of $200,000 or less;

(d) Maintenance contracts in the amount of $200,000 or less;

(e) For any single item of equipment or single equipment lease within the procurement authority of the Secretary of Transportation or the Maryland Transportation Authority, equipment contracts and leases of equipment in the amount of $200,000 or less unless funded with general obligation bond proceeds, which must be approved by the Board regardless of amount;

(f) Contract modifications, excluding construction contract change orders, that:

(i) Do not materially change the scope of the original contract,

(ii) Individually do not change the amount of the contract, or any cost component of the contract, by more than $50,000, or

(iii) Exercise a contract option of $200,000 or less;

(g) Contracts in the amount of $100,000 or less resulting from sole source procurement;

(h) Contracts in the amount of $50,000 or less resulting from competitive sealed bidding or competitive sealed proposals procurements in which only one bid or offer was received;

(i) Supplies and services for aeronautics-related activities; and

(j) Secondary competition awards, renewal options, and modifications in accordance with COMAR 21.05.13.06 in the amount of $200,000 or less.

(2) The Secretary of Transportation and the Maryland Transportation Authority have procurement and contracting authority for capital expenditure contracts in connection with State roads, bridges, or highways.

D. Repealed.

E. The Treasurer. The Board hereby delegates authority to the Treasurer for the approval and award of the following procurement contracts within the Treasurer's jurisdiction:

(1) Banking, investment, and other financial services contracts authorized by State Finance and Procurement Article, § 12-107, Annotated Code of Maryland;

(2) Contracts for insurance and insurance-related services obtained pursuant to State Finance and Procurement Article, Title 9 and §12-107, Annotated Code of Maryland.

F. Maryland Port Commission. The Board hereby delegates authority to the Chairman of the Maryland Port Commission for the approval and award of the following procurement contracts within the Maryland Port Commission's jurisdiction:

(1) Construction contracts and change orders for Port facilities in the amount of $200,000 or less;

(2) Construction-related service contracts and change orders for Port facilities in the amount of $200,000 or less;

(3) Port-related architectural services and engineering services contracts in the amount of $200,000 or less;

(4) Port-related maintenance contracts in the amount of $200,000 or less;

(5) For any single item of equipment or single equipment lease within the procurement authority of the Maryland Port Commission, equipment contracts and leases of equipment in the amount of $200,000 or less unless funded with general obligation bond proceeds, which must be approved by the Board regardless of amount;

(6) Service contracts for the Maryland Port Administration, including information technology services, but excluding banking, insurance, and financial services, in the amount of $200,000 or less;

(7) Contract modifications, excluding construction contract change orders, that:

(a) Do not materially change the scope of the original contract,

(b) Individually do not change the amount of a contract, or any cost component of the contract, by more than $50,000,

(c) Exercise a contract option of $200,000 or less, or

(d) Change cargo and equipment handling rates in stevedoring or terminal services contracts approved by the Board when the contract modification, either individually or in combination with previous contract modifications, does not change the price of the original contract by more than 20 percent.

(8) Contracts for the purchase by the Maryland Port Administration of commodities and supplies:

(a) Including:

(i) Motor vehicles, and

(ii) Information technology supplies, but

(b) Excluding:

(i) Insurance and insurance-related services,

(ii) Commodities and supplies funded by State general obligation bond proceeds;

(9) Contracts in the amount of $100,000 or less resulting from sole source procurement;

(10) Contracts in the amount of $50,000 or less resulting from competitive sealed bidding or competitive sealed proposals procurements in which only one bid or offer was received; and

(11) Leases of real property for Port-related activities having a value of $50,000 or less per year, and provided the lease payments, in whole or in part, are not paid from the General Fund. (The real property leases governed by this regulation shall be reported to the Board on the Maryland Port Commission Procurement Agency Activity Report (PAAR) at the earliest practicable time.)

G. Repealed.

H. Repealed.

I. A unit may not artificially divide a procurement contract or contract modification to avoid obtaining Board approval.

Md. Code Regs. 21.02.01.04

Regulations.04B, C, amended effective May 10, 1982 (9:9 Md. R. 912)
Regulations . 04 adopted effective November 7, 1983 (10:22 Md. R. 1969)
Regulations.04 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 .04 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 .04A amended effective August 24, 1987 (14:17 Md. R. 1872)
Regulation .04B amended as an emergency provision effective July 1, 1982 (9:15 Md. R. 1508); 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. 1982)
Regulation .04B-D amended as an emergency provision effective January 12, 1983 (10:3 Md. R. 207); emergency status extended at 10:8 Md. R. 723; adopted permanently effective April 11, 1983 (10:7 Md. R. 635)
Regulation .04B, C amended effective April 1, 1986 (13:6 Md. R. 684)
Regulation .04C amended as an emergency provision effective July 1, 1981 (8:13 Md. R. II-3); emergency status expired October 1, 1981 (Emergency provisions are temporary and not printed in COMAR)
Regulation .04D amended effective January 14, 1985 (12:1 Md. R. 17)
Regulation .04E amended effective August 1, 1986 (13:15 Md. R. 1736)
Regulation .04 amended effective February 24, 1997 (24:4 Md. R. 293); March 8, 1999 (26:5 Md. R. 393); December 27, 1999 (26:26 Md. R. 1959); April 7, 2008 (35:7 Md. R. 751); September 3, 2012 (39:17 Md. R. 1149)
Regulation .04A amended effective July 27, 2009 (36:15 Md. R. 1167)
Regulation .04C amended effective April 11, 2005 (32:7 Md. R. 685)
Regulation .04D repealed effective October 18, 1999 (26:21 Md. R. 1631)
Regulation .04F amended effective May 12, 2003 (30:9 Md. R. 615)
Regulation .04G and H adopted effective July 20, 1992 (19:14 Md. R. 1286)
Regulation .04G repealed effective January 2, 1995 (21:26 Md. R. 2192)
Regulation .04H amended effective 41:8 Md. R. 473, eff.4/28/2014
Regulation .04I adopted effective May 9, 1994 (21:9 Md. R. 752)
Regulation .04I repealed effective March 12, 2007 (34:5 Md. R. 562)
Regulation .04I adopted effective February 23, 2009 (36:4 Md. R. 355)
Regulation .04J adopted effective April 24, 1995 (22:8 Md. R. 598)
Regulation .04J repealed effective April 11, 2005 (32:7 Md. R. 685)
Regulation .04J adopted effective July 27, 2009 (36:15 Md. R. 1167); amended effective 43:26 Md. R. 1449, eff. 1/2/2017; amended effective 44:7 Md. R. 353, eff. 4/10/2017; amended effective 47:13 Md. R. 643, eff. 6/29/2020; amended effective 49:9 Md. R.531, eff. 5/2/2022; amended effective 50:18 Md. R. 800, eff. 9/18/2023