Plain Text Law

Title 14 — Subtitle 28. Canal Place Preservation and Development Authority

Chapter 01. Open Meetings

Regulation .01 General.Copy Citation

This chapter contains procedures regarding the conduct of persons attending open meetings, and the recording and broadcasting of open meetings.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
"Authority" means the Canal Place Preservation and Development Authority.
(2)
“Open session” means any meeting of the Authority required to be open to the public by State Government Article, §§10-501—10-512, Annotated Code of Maryland.

Regulation .03 Public Attendance.Copy Citation

A.
At any open session of the Authority, the general public is invited to attend and observe.
B.
Except in instances when the Authority expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.

Regulation .04 Disruptive Conduct.Copy Citation

A.
An individual attending an open session of the Authority may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that disrupts the session or that interferes with the right of members of the public to attend and observe the session.
B.
The presiding officer may:
(1)
Order an individual who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;
(2)
Request police or other assistance to restore order; and
(3)
Recess the session while order is restored.

Regulation .05 Recording, Photographing, and Broadcasting of Open Sessions.Copy Citation

A.
A member of the public, including any representative of the news media, may record discussions of the Authority at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Authority or others attending the sessions.
B.
A member of the public, including any representative of the news media, may photograph or videotape the proceedings of the Authority at an open session if the camera:
(1)
Is operated without excessively bright artificial light that disturbs members of the Authority or others attending the session; and
(2)
Does not create noise that disturbs members of the Authority or others attending the session.
C.
A representative of the news media may broadcast or televise the proceedings of the Authority at an open session if the equipment used:
(1)
Is operated without excessively bright artificial light that disturbs members of the Authority or others attending the session; and
(2)
Does not create noise that disturbs members of the Authority or others attending the session.
D.
The presiding officer may restrict the movement of an individual who is using a recording device, camera, or broadcasting or televising equipment if the presiding officer considers this restriction necessary to maintain the orderly conduct of the session.

Regulation .06 Recordings Not Part of Record.Copy Citation

A recording of an open session made by a member of the public, or any transcript derived from the recording, is not considered a part of the record of any proceeding of the Authority.

Chapter 02. Public Information Requests

Repealed

Chapter 03. Petition for Adoption of Regulations

Regulation .01 General.Copy Citation

These regulations are promulgated pursuant to State Government Article, §10-122, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Canal Place Preservation and Development Authority for the adoption of regulations.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
"Authority" means the Canal Place Preservation and Development Authority.
(2)
“Executive Director” means the Executive Director of the Canal Place Preservation and Development Authority or the Executive Director's designee.

Regulation .03 Who May File.Copy Citation

Any interested person may file a petition with the Executive Director requesting the promulgation, amendment, or repeal of a regulation.

Regulation .04 Form.Copy Citation

The petition shall:
A.
Be in writing;
B.
Contain a clear and concise statement of the regulation, amendment, or repeal which is sought;
C.
Contain a statement of reasons in support of the proposed regulation change; and
D.
Contain the name, address, and telephone number of the petitioner.

Regulation .05 Petition Filed.Copy Citation

The petition shall be filed with the Executive Director for the Executive Director's consideration and disposition. The time period for response to a petition begins when the petition is received by the Executive Director.

Regulation .06 Disposition.Copy Citation

Within 60 days after receipt of the petition, the Executive Director shall either deny the petition in writing, stating the reasons for the denial, or initiate the procedures for adoption of the regulation as submitted or with appropriate modifications as determined by the Executive Director to be in the best interest of the Authority.

Regulation .07 Agency File.Copy Citation

The Authority shall maintain a file of all petitions submitted and the responses. This file shall be available for public inspection to the extent permitted by law.

Chapter 04. Petition for Declaratory Rulings

Regulation .01 General.Copy Citation

These regulations are promulgated under State Government Article, §10-304, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Canal Place Preservation and Development Authority for a declaratory ruling.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
"Authority" means the Canal Place Preservation and Development Authority.
(2)
“Executive Director” means the Executive Director of the Canal Place Preservation and Development Authority or the Executive Director's designee.

Regulation .03 Who May File.Copy Citation

Any interested person may file a petition for declaratory ruling with respect to the manner in which the Authority would apply a regulation or order of the Authority, or a statute that the Authority enforces, to a person or property on the facts set forth in the petition.

Regulation .04 Where to File.Copy Citation

A petition shall be filed with the Executive Director for the Executive Director's consideration and disposition.

Regulation .05 Form.Copy Citation

The petition shall:
A.
Be in writing;
B.
Contain a detailed statement of the facts on which the petition is based;
C.
Fully set forth the regulations or statutes involved;
D.
Pose the question of whether, and in what manner, the regulations or statutes apply to the petitioner under the facts contained in the petition;
E.
Contain the name, address, and telephone number of the petitioner; and
F.
Contain a statement by the petitioner, under oath, that the facts contained in the petition are true.

Regulation .06 Consideration and Disposition.Copy Citation

The Executive Director shall consider the petition and may issue the declaratory ruling requested. The Executive Director may require argument on the petition. A declaratory ruling is binding upon the Authority and the petitioner, to the extent permitted by law, on the facts alleged. Any declaratory ruling issued shall be in writing and shall state the reasons for the decision. A copy of the declaratory ruling shall be delivered to the petitioner.

Regulation .07 Authority File.Copy Citation

The Authority shall maintain a file of all petitions submitted and declaratory rulings issued. This file shall be available for public inspection to the extent permitted by law.

Chapter 07. State Economic Growth, Resource Protection, and Planning Policy Project Review

Chapter 08. Procurement

Regulation .01 Policy.Copy Citation

It is the policy of the Canal Place Preservation and Development Authority to procure supplies, services, and construction in a cost-effective manner consistent with the best interests of the Authority, its vendors, and the general public.

Regulation .02 Scope and General Provisions.Copy Citation

A.
This chapter does not apply to:
(1)
Reimbursement contracts for which user eligibility and cost are set by law or by rules and regulations;
(2)
Collective bargaining agreements with employee organizations (labor contracts);
(3)
Acquisition of real property or a permanent or temporary interest in real property;
(4)
Procurements with an agency or unit of the federal government, a State agency or unit, an agency or unit of a local jurisdiction, or an agency or unit of the government of another state;
(5)
Disposal of real or personal property;
(6)
Procurement for purposes of direct resale or remanufacture and subsequent resale;
(7)
Agreements creating employee-employer relationships;
(8)
An agreement entered into by the Authority to lease real property as lessor; or
(9)
A procurement made on behalf of a local jurisdiction if the:
(a)
Authority estimates that the procurement will exceed $35,000;
(b)
Governing body of the local jurisdiction requests the Authority to waive its procedures; and
(c)
Authority formally assents to waive the Authority's procedures.
B.
Except as provided in §A of this regulation, this chapter applies to each expenditure of the Authority for the acquisition of supplies, services, or construction.
C.
Exemptions.
(1)
The Authority is generally exempt from the provisions of, and the regulation adopted under, State Finance and Procurement Article, Division II, Annotated Code of Maryland.
(2)
The Authority is not exempt from the Minority Business Participation provisions of State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, or the regulations adopted under those provisions.
D.
Authority to Act.
(1)
Unless otherwise specified in the regulations of this chapter, the Membership of the Authority, the Executive Director, or the Executive Director’s designee may undertake any action, determination, decision, or other exercise of authority that is directed, permitted, or contemplated by the regulations of this chapter.
(2)
The Executive Director may delegate to an employee of the Authority any authority that the regulations of this chapter grant to the Executive Director.
E.
Procurement Records.
(1)
The Authority shall maintain a record for each procurement that includes all solicitations, bids or proposals, determinations, contracts, debriefing records, and other materials pertinent to the procurement.
(2)
The Authority’s record of a procurement shall be available for public inspection as provided for and limited by the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.
(3)
The Authority may not disclose proprietary information submitted to the Authority in response to a solicitation, except as required by law.

Regulation .03 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
"Authority" means the Canal Place Preservation and Development Authority.
(2)
“Award” means the decision by the Authority to execute a procurement contract.
(3)
“Bid” means a statement of price, terms of sale, and description of supplies, services, or construction offered by a bidder in response to an invitation for bids.
(4)
“Bidder” means a person who submits a bid to the Authority.
(5)
“Construction” means the process of building, altering, repairing, improving, or demolishing any structure, building, or other improvement to real property.
(6)
“County” means any one of the 23 counties of the State and the Mayor and City Council of Baltimore, and any of its agencies or instrumentalities.
(7)
“Day” means a calendar day.
(8)
“Determination” means a written procurement decision made by the Authority.
(9)
“Executive Director” means the Executive Director of the Canal Place Preservation and Development Authority.
(10)
“Invitation for bids” means a document used to solicit bids.
(11)
“Local jurisdiction” means a county or municipality.
(12)
“Membership of the Authority” means the Membership of the Canal Place Preservation and Development Authority, as composed in accordance with Financial Institutions Article, §13-1005(a), Annotated Code of Maryland.
(13)
“Municipality” means a municipal corporation in the State subject to the provisions of Article XI-E of the Maryland Constitution, and any of its agencies or instrumentalities.
(14)
“Offeror” means a person who submits a proposal to the Authority.
(15)
“Person” means an individual, receiver, trustee, guardian, personal representative, corporation, partnership, association, unit of government, or any other entity.
(16)
“Procurement” includes all functions that pertain to the process of purchasing or otherwise obtaining supplies, services, or construction.
(17)
Proposal.
(a)
“Proposal” means the response by an offeror to a request for proposals.
(b)
“Proposal” may include, without limitation, an offeror's price, a description of technical expertise or work experience, and other information requested in the solicitation.
(18)
“Request for proposals” means a document used to solicit proposals.
(19)
“Responsible” means capable in all respects of dutifully performing all requirements contained in a solicitation and having the integrity and reliability to assure good faith performance of the procurement contract.
(20)
“Responsive” means conforming in all material respects to the requirements contained in a solicitation.
(21)
“Services” means the rendering of time, effort, or work, rather than the furnishing of a specific physical product other than reports incidental to the required performance, such as professional services provided by architects, engineers, land surveyors, appraisers, accountants, financial advisors, attorneys, or other professional consultants.
(22)
“Solicitation” means an invitation for bids, a request for proposals, or any other method or instrument used to communicate to potential bidders or offerors a procurement need of the Authority.
(23)
“Supplies” means tangible personal property, printing, or insurance, and related services.

Regulation .04 Contract Approval Authority.Copy Citation

A.
Contract Approval. The authority to approve a procurement contract for the Authority, subject to the requirement of §B of this regulation, rests with:
(1)
The Executive Director for a procurement contract that is less than or equal to $50,000; and
(2)
The Membership of the Authority for a procurement contract that exceeds $50,000.
B.
If the Authority estimates that a solicitation will result in the award of a procurement contract that exceeds $50,000, the Membership of the Authority shall approve the solicitation for the procurement before issuance of the solicitation.
C.
A procurement contract is not effective or enforceable against the Authority unless the procurement contract is:
(1)
Approved as authorized under §A of this regulation;
(2)
In writing, except as provided in Regulation .06F of this chapter regarding small procurements; and
(3)
The Executive Director signs the procurement contract or otherwise expresses in writing the Authority’s approval of the procurement contract.
D.
The Executive Director shall report to the Membership of the Authority on any procurement contract approved by the Executive Director as authorized under §A(1) of this regulation that is in an amount exceeding $25,000.

Regulation .05 Determinations.Copy Citation

A determination required by this chapter shall be in writing and shall be retained by the Authority for not less than 3 years from the date of the determination.

Regulation .06 Methods of Procurement, Source Selection, and Solicitation.Copy Citation

A.
Authorized Methods of Procurement. All procurement contracts entered into by the Authority shall be awarded by one of the following procurement methods:
(1)
Competitive sealed bidding in accordance with Regulation .07 of this chapter;
(2)
Competitive sealed proposals in accordance with Regulation .08 of this chapter;
(3)
Negotiated award after unsatisfactory competitive sealed bidding in accordance with Regulation .07I of this chapter;
(4)
Sole source procurement in accordance with Regulation .09 of this chapter;
(5)
Small procurement in accordance with §F of this regulation; or
(6)
Emergency procurement in accordance with Regulation .10 of this chapter.
B.
Source Selection.
(1)
The Authority may use small procurement for a procurement estimated by the Authority to be less than or equal to $25,000.
(2)
Competitive sealed bidding shall be the preferred method for any procurement estimated by the Authority to exceed $25,000.
(3)
For a procurement estimated by the Authority to exceed $25,000, the Authority may use:
(a)
Competitive sealed proposals if the Authority determines that:
(i)
The procurement does not permit an award based solely on most favorable bid price or most favorable evaluated bid price;
(ii)
Competitive sealed bidding is not practicable; or
(iii)
Competitive sealed bidding is not advantageous to the Authority;
(b)
Negotiated award after unsatisfactory competitive sealed bidding as authorized under Regulation .07I of this chapter;
(c)
Sole source selection as authorized under Regulation .09 of this chapter; or
(d)
Emergency procurement as authorized under Regulation .10 of this chapter.
C.
Prequalification.
(1)
The Authority may require that bidders or offerors be prequalified before submitting bids or proposals.
(2)
If the Authority determines that bidders or offerors shall be prequalified, then the Authority shall establish reasonable prequalification criteria, which shall be clearly set forth in a request for qualifications.
(3)
The Authority may require that architectural or engineering bidders or offerors submit U.S. Government Standard Form 254, Architect/Engineer and Related Services Questionnaire (SF-254), in order to be prequalified.
D.
List of Potential Bidders or Offerors. The Authority is not required to maintain a list of potential bidders or offerors.
E.
Notice of Solicitation.
(1)
For a procurement estimated by the Authority to exceed $50,000, the Authority shall publish a notice of solicitation:
(a)
At least 10 days before the due date identified in the solicitation for receipt of bids or proposals;
(b)
On the Authority’s website; and
(c)
In an appropriate publication.
(2)
For a procurement estimated by the Authority to exceed $25,000, but to be less than or equal to $50,000, the Authority shall publish a notice of solicitation:
(a)
At least 10 days before the due date identified in the solicitation for receipt of bids or proposals;
(b)
On the Authority’s website; and
(c)
If determined necessary by the Authority, by any other reasonable method taking into consideration the nature of the procurement.
(3)
For a procurement estimated by the Authority to exceed $10,000, but to be less than or equal to $25,000, the Authority shall issue a notice of solicitation:
(a)
In a manner reasonably sufficient to provide general notice to potential bidders or offerors; and
(b)
Reasonably in advance of the due date identified in the solicitation for responses to the solicitation.
F.
Small Procurement.
(1)
For a procurement estimated by the Authority to be equal to or less than $10,000, the Authority may:
(a)
Solicit oral bids from any number of bidders; and
(b)
Enter into either a written or an oral procurement contract.
(2)
For a procurement estimated by the Authority to exceed $10,000, but to be less than or equal to $25,000, the Authority shall:
(a)
Solicit bids as required by §E(3) of this regulation; and
(b)
Enter into a written procurement contract.

Regulation .07 Procurement by Competitive Sealed Bidding.Copy Citation

A.
Invitations for Bids. The Authority shall initiate a procurement by competitive sealed bidding by issuing an invitation for bids that includes:
(1)
The procurement specifications;
(2)
A bid form;
(3)
A statement to be executed by the bidder that the bidder agrees to all terms, conditions, and provisions of, and any amendments to, the invitation for bids;
(4)
Instructions on bid submission requirements, including the due date and address for bid submission;
(5)
The time and place of bid opening; and
(6)
Any other instructions or information requirements as the Authority considers necessary.
B.
Prebid Conferences. The Authority may conduct prebid conferences and require the attendance of bidders.
C.
Amendments to Initiations for Bids.
(1)
The Authority may amend an invitation for bids by:
(a)
Publishing the amendment in the same manner that the Authority published the invitation for bids; and
(b)
Delivering the amendment to all prospective bidders known by the Authority to have either received the invitation for bids or expressed an interest in the invitation for bids.
(2)
A prospective bidder who receives delivery of an amendment from the Authority shall acknowledge receipt of the amendment.
D.
Bid Modifications and Withdrawal.
(1)
A bidder may modify or withdraw a bid before bid opening by submitting written notice of modification or withdrawal to the Authority.
(2)
The Authority shall return any bid security to a bidder if the bidder withdraws the bidder’s bid in accordance with this section.
E.
Late Bids, Late Withdrawals, Late Modifications.
(1)
The Authority may not consider a bid, bid withdrawal, or bid modification, received by the Authority after bid opening, except that the Authority may consider a late bid, late withdrawal, or late modification, if the delay was substantially caused by the Authority.
(2)
A late modification of a successful bid that makes the terms more favorable to the Authority may be considered and accepted by the Authority at any time before contract award.
F.
Receipt and Opening of Bids.
(1)
The Authority shall store bids and any bid modifications in a secure location before bid opening.
(2)
The Authority may not disclose the identity of any bidder before bid opening.
(3)
Bid opening shall occur at the date, time, and place identified in the invitation for bids.
(4)
At bid opening, an employee of the Authority shall open bids publicly, read the bids aloud, record the bids, and prepare a bid tabulation.
(5)
The Authority shall reject as nonresponsive any conditional bid.
G.
Bid Mistakes.
(1)
The Authority may waive minor or technical irregularities in a bid if waiver is in the Authority’s best interests.
(2)
Before award, a successful bidder may be permitted to withdraw its bid if the bidder presents clear and convincing evidence to the Authority that:
(a)
An error has been made in the bid; and
(b)
The error is such that, had the error not been made, the bid as submitted would not have included the bid price or other material term.
(3)
If an error, and the intended correction of the error, are evident on the face of the bid documents, the bid shall be corrected and may not be withdrawn.
(4)
After award:
(a)
A mistake in a bid may only be corrected if the Authority determines that it would be unconscionable not to permit correction; and
(b)
The Authority may not allow any change in price.
H.
Bid Evaluation and Award.
(1)
The Authority shall award the procurement contract to the responsible bidder who submits the most favorable bid price or most favorable evaluated bid price.
(2)
If responsive tie bids are received from two or more responsible bidders, the Authority shall award the procurement contract in the same manner as provided in COMAR 21.05.02.14.
I.
Procurement by Negotiated Award After Unsatisfactory Competitive Sealed Bidding.
(1)
The Authority may conduct discussions with bidders if, after bids have been opened:
(a)
All bids are rejected under Regulation .12 of this chapter;
(b)
All bids included a bid price in excess of funds available; or
(c)
The Authority determines that all bid prices received are unreasonable as to one or more of the Authority’s requirements and:
(i)
There are no funds available to permit an award to the responsible bidder submitting the most favorable bid; or
(ii)
A delay resulting from a resolicitation of specifications or quantities under competitive sealed bidding would be disadvantageous to, or not otherwise in the best interests of, the Authority.
(2)
If any of the circumstances in §I(1) of this regulation occurs, the Authority may:
(a)
Request that the bidders submit revised bids; and
(b)
Conduct discussions with bidders after revised bids have been submitted if the Authority determines that it is in the best interest of the Authority to do so.
(3)
Any discussions conducted under this section concerning revised specifications or quantities shall be conducted with all responsible bidders.
(4)
The Authority shall award the procurement contract under this section to the responsible bidder who offered the most favorable bid price or most favorable evaluated bid price.

Regulation .08 Procurement by Competitive Sealed Proposals.Copy Citation

A.
Request for Proposals. The Authority shall initiate a procurement by competitive sealed proposals by issuing a request for proposals that includes:
(1)
Information concerning proposal submission requirements, including the date, time, and place for submission of proposals;
(2)
Evaluation factors and the relative importance of each;
(3)
A statement of the required scope of work or scope of services and performance schedule; and
(4)
Such other information or requirements as the Authority may determine necessary.
B.
Preproposal Conferences. The Authority may conduct preproposal conferences and require the attendance by offerors.
C.
Amendments to Requests for Proposals.
(1)
The Authority may amend a request for proposals by:
(a)
Publishing the amendment in the same manner that the Authority published the request for proposals; and
(b)
Delivering the amendment to all prospective offerors known by the Authority to have either received the request for proposals or expressed an interest in the request for proposals.
(2)
A prospective offeror who receives delivery of an amendment from the Authority shall acknowledge receipt of the amendment.
D.
Proposal Modification and Withdrawal. An offeror may modify or withdraw a proposal before proposals are due by submitting written notice of modification or withdrawal to the Authority.
E.
Receipt and Opening of Proposals.
(1)
Proposals and modifications of proposals received by the Authority shall be held in a secure place until proposals are due.
(2)
The Authority may open proposals at any time after proposals are due.
(3)
The Authority may not:
(a)
Open proposals publicly; or
(b)
Disclose the contents of a proposal to any person other than a person responsible for evaluating or reviewing the proposal before procurement contract award.
(4)
A proposal, withdrawal of proposal, or modification of proposal, received after proposals are due, is late and may only be considered as provided for bids under Regulation .07E of this chapter.
F.
Proposal Evaluation.
(1)
The Authority shall evaluate proposals:
(a)
Using the evaluation factors set forth in the request for proposals; and
(b)
For a determination of which proposal is most advantageous to the Authority.
(2)
Technical proposals and price proposals shall be evaluated independently.
(3)
The Authority may establish a technical evaluation committee to evaluate proposals and make a recommendation of contract award to the Authority. The technical evaluation committee may include members who are not employees of the Authority.
G.
Discussions.
(1)
As used in this section and in §E of this regulation, a “qualified offeror” is an offeror who submits a proposal in response to a request for proposals that the Authority determines is reasonably susceptible of being selected for award of the procurement contract.
(2)
The Authority may conduct discussions with a qualified offeror to:
(a)
Assure that the offeror has full understanding of the Authority’s requirements;
(b)
Assure that the Authority had full understanding of the offeror’s proposal and ability to perform;
(c)
Negotiate the best price or other contract terms for the Authority; or
(d)
Facilitate a procurement contract that is most advantageous to the Authority, taking into consideration price and other relevant evaluation factors set forth in the request for proposals.
(3)
The Authority shall treat qualified offerors fairly and equally with respect to opportunity for discussions.
H.
Best and Final Offers.
(1)
The Authority may request that each qualified offeror submit a best and final offer if the Authority determines that it is in the Authority’s best interest to do so.
(2)
The Authority may:
(a)
Require more than one series of submissions of best and final offers; and
(b)
Engage in discussions on a best and final offer in accordance with §D of this regulation.
(3)
If the Authority requests more than one submission of best and final offers and an offeror does not submit an offer in response to a request, the offeror’s immediate previous offer shall be considered by the Authority as the offeror’s best and final offer unless the offeror submits a timely notice of withdrawal of that immediate previous offer.
I.
Procurement Contract Award. After completing all discussions and evaluations, the the Authority shall:
(1)
Determine which proposal is most advantageous to the Authority;
(2)
Award the procurement contract based on the determination; and
(3)
After award, promptly notify all unsuccessful offerors.
J.
Debriefing of Unsuccessful Offerors.
(1)
If a procurement contract is awarded on some basis other than price alone, an unsuccessful offeror may, within 10 days of the unsuccessful offeror’s receipt of notification of the award, submit to the Authority a written request for a debriefing from the Authority.
(2)
A debriefing shall:
(a)
Be conducted by an employee of the Authority who is familiar with the Authority’s evaluation and determination on the procurement;
(b)
Be limited to discussion of the unsuccessful offeror’s proposal and the Authority’s evaluation of the proposal;
(c)
Be factual and consistent with the evaluation of the unsuccessful offeror’s proposal; and
(d)
Provide information on areas in which the Authority considered the unsuccessful offeror’s technical proposal to be weak, deficient, or less competitive.
(3)
A debriefing may not include:
(a)
Discussion of a competing offeror’s proposal; or
(b)
Discussion or dissemination of the thoughts, notes, or rankings of individual members of an evaluation committee.

Regulation .09 Sole Source Procurement.Copy Citation

A.
Applicability. The Authority may award a procurement contract to a sole source without competition:
(1)
When a requirement is available from only a single source or vendor; or
(2)
To retain confidential services:
(a)
To advise the Authority in connection with threatened or pending litigation; or
(b)
For the appraisal of real property contemplated for acquisition by the Authority.
B.
Determination. A determination to make a procurement by sole source without competition shall be made by the Executive Director based on a finding that a sole source procurement is in the Authority’s best interest.

Regulation .10 Emergency Procurement.Copy Citation

A.
Applicability. The Authority may award a contract by emergency procurement when:
(1)
There occurs a sudden and unexpected event or condition that the Authority did not reasonably foresee; and
(2)
Due to the constraints of time, procurement by other than competitive sealed bidding or competitive sealed proposals is necessary to avoid or mitigate damage to the environment or to public health, safety, or welfare.
B.
Determination. The determination to make an emergency procurement shall be made by the Executive Director.
C.
Contract Award. When making an award by emergency procurement, the Authority shall:
(1)
Reasonably attempt to obtain competitive bids or proposals consistent with meeting the time requirements of the emergency; and
(2)
Make the award that is most advantageous to the Authority considering the circumstances of the emergency.

Regulation .11 Contract Award and Formation.Copy Citation

A.
The Authority shall award a procurement contract only to an offeror or bidder who is responsible and responsive, as determined by the Executive Director.
B.
The Executive Director may determine that a bidder or offeror is not responsible if the Executive Director finds that the bidder or offeror:
(1)
Unreasonably failed to promptly supply information requested by the Authority in connection with a determination of responsibility; or
(2)
Does not have the:
(a)
Capability in all respects to perform fully the procurement contract requirements; or
(b)
Integrity and reliability that will ensure good faith performance.
C.
A procurement contract shall be:
(1)
In a form acceptable to the Authority; and
(2)
Approved for legal sufficiency by an assistant attorney general of the State.
D.
For a procurement contract that exceeds $10,000, the contract shall contain the provisions required by COMAR 21.07.01—21.07.03, as may be amended or deleted by the Authority as it considers necessary to further the business of the Authority.

Regulation .12 Cancellation of Solicitations and Rejection of Bids and Proposals.Copy Citation

A.
The Authority may cancel a solicitation in whole or in part before opening of bids or proposals when, in the determination of the Executive Director, cancellation is in the best interests of the Authority. Bids or proposals shall be returned to the bidders or offerors together with a notice of cancellation.
B.
After opening of bids or proposals, the Authority may reject all bids or proposals when, in the determination of the Executive Director, rejection is in the best interests of the Authority. Notice of rejection of all bids or proposals shall be sent to all vendors who submitted bids or proposals.
C.
The Authority may reject a bid or proposal in whole or in part when it is in the Authority’s best interest to do so and for reasons that may include, but are not limited to, a determination that:
(1)
The bidder or offeror is not responsible;
(2)
The bid or proposal is not responsive;
(3)
The proposal is not reasonably susceptible to being selected for award;
(4)
A bid or proposal price or other term is not reasonable; or
(5)
The bidder or offeror is debarred or otherwise ineligible for award and the period of debarment or ineligibility has not expired.

Regulation .13 Disputes.Copy Citation

A dispute that arises in the performance of a procurement contract which is not resolved by agreement of the parties shall be decided in writing by the Executive Director. The decision of the Executive Director is final and conclusive unless, within 10 calendar days of receipt of a copy of the decision, the contractor delivers a written appeal to the Executive Director. In connection with an appeal, the contractor shall be given an opportunity to be heard and to offer evidence in support of the contractor’s position. The decision by the Executive Director binds the contractor, and the contractor shall abide by the decision.

Regulation .14 Minority Business Enterprise Policies.Copy Citation

The Authority shall comply with the provisions of State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, and regulations adopted under those provisions.

Chapter 09. Parking of Vehicles on Canal Place Preservation and Development Authority Property

Regulation .01 Scope.Copy Citation

This chapter:
A.
Governs the parking of motor vehicles on Canal Place Preservation and Development Authority property, the towing and impoundment of motor vehicles improperly parked or abandoned on Authority property, and the sale and final disposition by the Authority of impounded or removed motor vehicles; and
B.
Establishes qualifications for designated parking control officers, including prerequisites of character, training, experience, education, and standards for the performance of duties.

Regulation .02 Intent.Copy Citation

A.
This chapter is intended to enable the Authority to regulate and control the parking of motor vehicles upon Authority property.
B.
Motor vehicles improperly parked and abandoned upon Authority property:
(1)
Constitute a public nuisance contrary to the general health, safety, and welfare of the public;
(2)
Deny Canal Place patrons the right to fully use and enjoy the services and benefits offered and made available to the general public by the Authority; and
(3)
Deny Authority employees the ability to:
(a)
Preserve and maintain the orderly control and use of Authority facilities, and
(b)
Prevent congestion and traffic hazards resulting from unauthorized use of Authority property by motor vehicle operators.

Regulation .03 Incorporation by Reference.Copy Citation

Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, is incorporated by reference.

Regulation .04 Application.Copy Citation

This chapter applies to all motor vehicles on Authority property.

Regulation .05 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Abandoned” means a motor vehicle that:
(a)
Is inoperable and left unattended on Authority property for more than 48 hours;
(b)
Has remained illegally on Authority property for more than 48 hours; or
(c)
Has remained on Authority property for more than 48 hours, and is:
(i)
Not displaying currently valid registration plates, or
(ii)
Displaying registration plates of another vehicle.
(2)
"Authority" means the Canal Place Preservation and Development Authority.
(3)
"Authority property" means all property owned or under the control of the Authority.
(4)
“Authorized” means acting under a written permit, contract, or other evidence of right issued by the Authority.
(5)
“Bus” means a motor vehicle that is:
(a)
Designed to carry more than 10 passengers;
(b)
Used to carry people; and
(c)
Operated by public or private carrier.
(6)
“Canal Place patron” means an individual on Authority property for the purpose of authorized use of Authority property, including:
(a)
Authority employees and agents;
(b)
Tenants and their employees and agents; and
(c)
Members of the general public.
(7)
“Director” means the Executive Director of the Authority.
(8)
“Disabled parking areas” means those designated parking areas on Authority property upon which Canal Place patrons may park motor vehicles bearing either:
(a)
A valid handicapped license plate; or
(b)
Other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law.
(9)
“Law enforcement officer” means:
(a)
A member of the:
(i)
Maryland State Police, or
(ii)
City of Cumberland Police; or
(b)
An officer designated as a parking control officer.
(10)
Motor Vehicle.
(a)
“Motor vehicle” means a device in, upon, or by which an individual or property may be propelled, moved, or drawn upon land.
(b)
“Motor vehicle” includes a vehicle towed by another motor vehicle, except:
(i)
A device moved by human or animal power; and
(ii)
Aircraft and devices moved exclusively upon stationary rails or tracks.
(11)
“Motor vehicle operator” means an individual who is in actual physical control of a motor vehicle.
(12)
Motor Vehicle Owner or Owner.
(a)
“Motor vehicle owner” means a person who holds the legal title to a motor vehicle.
(b)
“Motor vehicle owner” or “owner” includes a secured party indicated on the motor vehicle title.
(13)
“Parking” means the standing or parking of a motor vehicle, attended or unattended, upon Authority property.
(14)
“Parking control officer” means an Authority employee, or security personnel under contract with the Authority, authorized by the Director to issue a citation under this chapter.
(15)
“Parking lot” means an area designated for parking on Authority property, including public, employee, and tenant areas.
(16)
Person.
(a)
“Person” means an individual, firm, partnership, corporation, company, association, or joint stock association.
(b)
“Person” includes a trustee, receiver, assignee, or other representative of them.
(17)
“State” means the State of Maryland.

Regulation .06 General Parking Regulations.Copy Citation

A.
The control of all motor vehicle parking on Authority property is governed by this chapter.
B.
Unless otherwise authorized, an individual may not park a motor vehicle on Authority property unless that individual:
(1)
Is a Canal Place patron;
(2)
Intends to pick up or discharge a Canal Place patron; or
(3)
Is on Authority property for purposes directly related to the business of the Authority.
C.
A person may not abandon a motor vehicle on Authority property.
D.
An individual may not park a motor vehicle on Authority property, except:
(1)
In specifically posted and designated areas; and
(2)
During the hours of Authority operations.
E.
An individual may not park a motor vehicle on Authority property which interferes with or prevents the passage or movement of buses, emergency vehicles, or other motor vehicles.
F.
An individual may not drive a motor vehicle on Authority property without a valid driver's license issued by the:
(1)
State; or
(2)
Jurisdiction where the individual resides, if other than Maryland.
G.
The responsibility for finding a legal parking space rests with the motor vehicle operator.
H.
An individual may not park a motor vehicle upon Authority property within 15 feet of:
(1)
A fire hydrant; or
(2)
Other fire control apparatus.
I.
Unless otherwise authorized, an individual may not stop a motor vehicle upon Authority property:
(1)
To load or unload the motor vehicle in violation of a posted fire or traffic sign or regulation; or
(2)
In a manner which obstructs the movement of vehicular or pedestrian traffic.
J.
A motor vehicle operator:
(1)
Shall park in one marked space only within:
(a)
A designated parking area, and
(b)
The marked space;
(2)
Shall leave clear access to adjacent spaces; and
(3)
May not:
(a)
Block driving lanes or roads, or
(b)
Create a hazard to other motor vehicle operators.
K.
An individual may not park a motor vehicle in a marked pedestrian crosswalk.
L.
An individual may not park a motor vehicle on Authority property to wash, clean, polish, repair, maintain, or overhaul the motor vehicle, except for repairs necessary to remove the motor vehicle from Authority property.
M.
Parking in designated disabled parking areas is restricted to Canal Place patrons whose motor vehicles bear either:
(1)
A valid handicapped license plate; or
(2)
Other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law.
N.
An individual may not park in areas adjacent to yellow painted curbs or in any other posted restricted areas.
O.
A motor vehicle that is parked or placed on Authority property in such a manner as to be presumed abandoned, or that creates a nuisance or hazard, or that interferes with Authority operations or emergencies, may be towed or removed to a location chosen by the Authority or the Authority's designee.

Regulation .07 Taxicabs.Copy Citation

A.
An individual operating a taxicab on Authority property may not stop or park the taxicab to block or interfere with the free passage of pedestrians or vehicular traffic on or about Authority property.
B.
Taxicabs shall stand only in areas on Authority property posted for taxicabs.

Regulation .08 Motor Vehicles Prohibited by Type, Weight, or Size.Copy Citation

Except for individuals having business directly related to the Authority, or unless otherwise authorized, an individual may not park the following vehicles upon Authority property:
A.
A trailer or towed vehicle;
B.
A truck having a manufacturer's rated carrying capacity greater than 1 ton;
C.
A vehicle with a gross weight greater than 8,000 pounds;
D.
A vehicle having an overall length more than 20 feet including any load on it;
E.
A vehicle wider than 8 feet; or
F.
A bus.

Regulation .09 Towing, Impoundment, and Sale.Copy Citation

A.
The State Police, the City of Cumberland police or their agents, or Authority parking control officers or agents, may take into custody an abandoned motor vehicle, or a vehicle parked in violation of this chapter, which is parked so as to constitute a nuisance or hazard to public safety, impede or obstruct the normal movement of vehicular or pedestrian traffic on Authority property, or deny Canal Place patrons full use and enjoyment of Canal Place property. For this purpose, the State Police, the City of Cumberland police, or Authority parking control officers or agents may use their own personnel, equipment, or facilities, for removing, preserving, and storing the vehicles. The Authority or its agents are not liable for any losses or damages resulting from these actions to the extent provided under Courts and Judicial Proceedings Article, §§5-301—5-304 and 5-522, Annotated Code of Maryland.
B.
As soon as reasonably possible and within 7 days after the State Police or the City of Cumberland police or their agents take a vehicle into custody under this regulation, the State Police or the City of Cumberland police or their agents shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:
(1)
The last known registered owner of the vehicle; and
(2)
Each secured party, as shown on the records of the Maryland Motor Vehicle Administration.
C.
The notice shall:
(1)
State that the vehicle has been taken into custody;
(2)
Give the name, address, and telephone number of the individual providing the notice;
(3)
Describe the motor vehicle, including year, model, and vehicle identification number;
(4)
Give the location of the facility where the vehicle is held;
(5)
State the authority and reason for the removal, towing, or storage of the motor vehicle;
(6)
Inform the motor vehicle owner and secured parties of the owner's or secured parties' rights to reclaim the vehicle on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody, upon:
(a)
Presentation of proof of identity and ownership or security interest, and
(b)
Signing a receipt for the motor vehicle; and
(7)
Be sent by certified mail, return receipt requested.
D.
The Authority or its agent may seek to recover costs of impoundment or storage, and removal under this regulation. If the Authority seeks to apply the provisions of this regulation, the notice required by §B of this regulation shall also state that the failure of the motor vehicle owner or secured party to exercise the right to reclaim the vehicle may cause continuing liability of the owner for reasonable costs of impoundment and storage.

Regulation .10 Exceptions.Copy Citation

This chapter does not apply to:
A.
Motor vehicles of the Authority, its employees, contractors or subcontractors; or
B.
Police or emergency vehicles.

Regulation .11 Administration and Penalties.Copy Citation

A.
The issuance of citations under this chapter shall comply with the requirements of Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland.
B.
Citations issued under this chapter shall contain sufficient information to enable the individual receiving a citation or citations to:
(1)
Pay for the parking violation; or
(2)
Stand trial.
C.
Penalties for parking violations are as provided by ordinance of the City of Cumberland for similar parking violations. A schedule of penalties shall be posted in prominent view of authorized visitors and tenants of Authority property. Penalties for uncontested parking violations may be paid directly to the Director or the Director's designee, at the Authority's principal office.

Regulation .12 Parking Control Officer Qualifications and Training.Copy Citation

A.
Character.
(1)
A parking control officer:
(a)
Shall successfully pass a preemployment background investigation; and
(b)
May not have been convicted of a felony.
(2)
A parking control officer who fails to maintain a good character shall be relieved immediately of the authority to issue citations under this chapter.
B.
Experience and Education. A parking control officer shall:
(1)
Have a minimum of 1 year of experience as a security officer or in a closely related field; and
(2)
Possess a high school diploma or a State equivalence certificate.
C.
Training.
(1)
An individual designated as a parking control officer shall be trained in:
(a)
All authority regulations relating to parking control;
(b)
The preparation of citations;
(c)
The areas of customer service, conflict resolution, Authority property operations, and organization; and
(d)
Courtroom procedures, including courtroom demeanor and case presentation.
(2)
The training of a parking control officer shall consist of a minimum of 12 hours covering the subject areas in §C(1) of this regulation.

Regulation .13 Performance Standards for Parking Control Officers.Copy Citation

A parking control officer shall:
A.
Act in a manner to bring credit both to the position of parking control officer and the Authority;
B.
Act in a reasonable manner so as to avoid any confrontation which may:
(1)
Lead to personal injury, or
(2)
Result in embarrassment to the Authority;
C.
Keep abreast of changes in the law, regulations, and policies which impact on the parking control officer's duties;
D.
Safeguard, maintain, and clean the equipment, uniforms, and accessories which are issued to the parking control officer;
E.
Be considered in a sensitive classification subject to the substance abuse policy of the Authority; and
F.
Observe all State laws, personnel policies, and regulations applicable to the conduct of Authority employees.