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<chapter num="09" heading="Procurement" title_num="14" subtitle_num="21">
  <regulation prefix="Regulation" num=".01" heading="General.">
    <text>The Authority may contract for goods and services.</text>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Procedures.">
    <paragraph num="A.">
      <text>Except for Title 14, Subtitle 3, the provisions of the State Finance and Procurement Article, Division II, Annotated Code of Maryland, and regulations under the State Finance and Procurement Article, Division II, do not apply to the procurement procedures of the Authority.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The Authority may elect, at its discretion, to incorporate into its bid documents and contract documents, provisions similar to those customarily found in State contracts under the State Finance and Procurement Article, Annotated Code of Maryland, for similar goods and services, or other provisions that the Authority considers to be in its best interests.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Contracts by the Authority for construction of facilities of a project shall be made only after solicitation of sealed bids, except for construction on land that has been either leased or sold by the Authority to a private entity or entities.</text>
    </paragraph>
    <paragraph num="D.">
      <text>The Executive Director may, without further approval by the Board of Directors, contract for goods and services that are within a budget that has been approved by the Board of Directors. The Executive Director may exercise remedies for default relating to the agreements.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Procurement Officer.">
    <paragraph num="A.">
      <text>The Executive Director shall designate a procurement officer for any procurement anticipated to cost $10,000 or more.</text>
    </paragraph>
    <paragraph num="B.">
      <text>The procurement officer may, in the best interests of the Authority:</text>
      <paragraph num="(1)">
        <text>Waive any solicitation requirement;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Amend or revise solicitation documents; or</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Reject any or all bids.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".04" heading="Disputes.">
    <paragraph num="A.">
      <text>The Executive Director shall designate an appeals officer for any procurement anticipated to cost $10,000 or more.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Bidders shall submit in writing to the procurement officer any questions, comments, or objections regarding the solicitation documents within the time period stated in the solicitation documents. In the absence of any stated time period in the solicitation documents, written comments, questions, or objections shall be received by the procurement officer not later than 5 business days before the scheduled bid opening.</text>
    </paragraph>
    <paragraph num="C.">
      <text>In the absence of a stated time in the contract documents, contractors shall file a written notice of a claim with the procurement officer within 15 days after the basis for the claim is known or should have been known, whichever is earlier.</text>
    </paragraph>
    <paragraph num="D.">
      <text>Appeal from a decision of the procurement officer shall be submitted in writing to the appeals officer not later than 10 days after the decision of the procurement officer.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".05" heading="Exception for Urgent Action.">
    <text>Except for Regulation .02C of this chapter and except to the extent expressly required by the Act, procedures adopted under this chapter do not apply to procurement of goods or services in cases where a determination has been made by the Executive Director that urgent action is required. The Executive Director, in these cases, may authorize expeditious procurement of goods or services by such means as the Executive Director considers to be in the best interests of the Authority.</text>
  </regulation>
  <regulation prefix="Regulation" num=".06" heading="Termination for Convenience.">
    <text>The Authority may terminate contracts, in whole or in part, without showing cause upon giving written notice to the contractor. In these cases, the Authority shall pay reasonable costs associated with the contract that the contractor has incurred up to the date of termination. The contractor may not be reimbursed, however, for any anticipated profits which have not been earned up to the date of termination.</text>
  </regulation>
  <regulation prefix="Regulation" num=".07" heading="Performance and Payment Bonds.">
    <text>The Authority may require performance bonds and payment bonds in such amounts, in such forms, and under such circumstances as the procurement officer may determine to be in the best interests of the Authority.</text>
  </regulation>
  <annotations>
    <annotation type="Authority">Article 41, §§13-101—13-121, Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: March 16, 1992 (19:5 Md. R. 578)</annotation>
  </annotations>
</chapter>