Except as provided in State Finance and Procurement Article, §12-101, Annotated Code of Maryland, the Board may control all procurement by State agencies. For the purpose of carrying out the provisions of State Finance and Procurement Article of the Annotated Code of Maryland, the Board has been vested with the authority to set policy and to adopt regulations which are consistent with those provisions. The Board may exercise any authority conferred on a department by State Finance and Procurement Article of the Annotated Code of Maryland and, to the extent that its action in exercising this authority is inconsistent with the action of any department, the action of the Board shall prevail. Control Authorities. The Board recognizes the following control authorities: State Treasurer; Department of General Services; Department of Transportation; and Maryland Port Commission. Procurement Authorities. Subject to this title, the departments have the authority to establish certain procurement and contracting procedures. The departments and other State agencies as specifically provided by law have the authority, where delegated, to approve the award of certain contracts as provided under this chapter. Board of Public Works Procurement. The Board retains full control and procurement authority over its own procurements. The Board, by resolution, may authorize any of its members, any department, or any procurement agency to exercise all or any part of this authority with regard either to specific procurements or to particular classes of the Board's procurements. Notwithstanding the following delegations in §B of this regulation, a contract funded with general obligation bond proceeds must be approved by the Board regardless of amount in accordance with State Finance and Procurement Article, §8-301, Annotated Code of Maryland. 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: Except for insurance, insurance related, banking, investment, and financial services, the following contracts, contract actions, and awards: 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; All contracts for the purchase of commodities or supplies, except as provided in §B(3) of this regulation and except for insurance and insurance-related services. Contracts or Leases that Include any Single Item of Equipment That is $200,000 or Less. Contracts or leases including any single item of equipment that is more than $200,000 must be approved by the Board. Invoices necessary for the administration of capital improvement contracts; Contract modifications, excluding construction contract change orders, that: Do not materially change the scope of the original contract; Individually do not change the amount of the contract, or any cost component of the contract, by more than $50,000; or Exercise by a using agency a contract option of $200,000 or less; Contracts in the amount of $100,000 or less resulting from sole source procurement; Contracts in the amount of $50,000 or less resulting from competitive [procurement] sealed bidding or competitive sealed proposals procurements in which only one bid or offer was received; Leases for agency-supplied employee housing; 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; Procurements by the Department for the purpose of modernizing cybersecurity infrastructure for the State valued below $1,000,000; and Energy Performance Contracts. 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. 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. 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. 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. 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. The Department of Transportation. 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: Transportation-related construction contracts and change orders in the amount of $200,000 or less; Capital construction-related service contracts and change orders in the amount of $200,000 or less; Architectural and engineering contracts in the amount of $200,000 or less; Maintenance contracts in the amount of $200,000 or less; All contracts for transportation-related commodities and supplies, including equipment contracts and leases, but excluding equipment contracts and leases including any single item of equipment that is more than $200,000; Contract modifications, excluding construction contract change orders, that: Do not materially change the scope of the original contract; Individually do not change the amount of the contract, or any cost component of the contract, by more than $50,000; or Exercise a contract option of $200,000 or less; Contracts in the amount of $100,000 or less resulting from sole source procurement; 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; All procurements for aeronautics related services, commodities and supplies, including equipment contracts and leases, but excluding banking, insurance, insurance-related, investment, and financial services; and Secondary competition awards, renewal options, and modifications in accordance with COMAR 21.05.13.06 in the amount of $200,000 or less. 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. Repealed. 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: Banking, investment, and other financial services contracts authorized by State Finance and Procurement Article, §12-107, Annotated Code of Maryland; Contracts for insurance and insurance-related services obtained pursuant to State Finance and Procurement Article, Title 9 and §12-107, Annotated Code of Maryland. 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: Construction contracts and change orders for Port facilities in the amount of $200,000 or less; Construction-related service contracts and change orders for Port facilities in the amount of $200,000 or less; Port-related architectural services and engineering services contracts in the amount of $200,000 or less; Port-related maintenance contracts in the amount of $200,000 or less; Except as provided in §F(6) of this regulation, contracts for the purchase of commodities and supplies, including motor vehicles and information technology supplies, but excluding insurance and insurance-related services; Contracts or leases within the procurement authority of the Maryland Port Commission that include any single item of equipment that is $200,000 or less, and contracts or leases that include any single item of equipment that is more than $200,000 must be approved by the Board. Contract modifications, excluding construction contract change orders, that: Do not materially change the scope of the original contract; Individually do not change the amount of a contract, or any cost component of the contract, by more than $50,000; Exercise a contract option of $200,000 or less; or 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. Service contracts for the Maryland Port Administration in the amount of $200,000 or less, including information technology services, but excluding banking, insurance, insurance-related, investment, and financial services; Contracts in the amount of $100,000 or less resulting from sole source procurement; 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 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.) Repealed. Repealed. A unit may not artificially divide a procurement contract or contract modification to avoid obtaining Board approval. Action Agendas. Except as otherwise provided in COMAR 21.05.06, the Board shall review and approve the award of those procurement contracts not delegated under this chapter, before execution. The departments shall prepare a separate item for each procurement contract not delegated under this chapter, and shall submit the items to the Board in accordance with the following procedures: The Department of General Services shall submit the items on the Department of General Services Action Agenda; The Department of Transportation and the Maryland Transportation Authority shall submit the items on the Department of Transportation's Action Agenda; The University System of Maryland shall submit items requiring Board approval pursuant to COMAR 21.01.03.01-1E on a supplement to the Board Secretary's Action Agenda; For those specific projects as may be authorized from time to time by the General Assembly and to the extent so authorized, the Maryland Environmental Service shall submit the items on the Board Secretary’s Action Agenda; and Morgan State University and St. Mary's College of Maryland shall submit the items on the Board Secretary’s Action Agenda. The procurement agencies shall: Pursuant to COMAR 21.05.06.02, submit, as an appendix to the Board Secretary's Action Agenda for the Board's subsequent review, a separate item for each award of an emergency procurement contract or emergency contract modification that, with prior modifications, aggregates in excess of $50,000. Each procurement agency shall be responsible for defending its own emergency procurements to the Board. Pursuant to COMAR 21.05.06.03, submit each expedited item as an appendix to the appropriate control agency's action agenda whenever a procurement agency requests the Board's approval to make an expedited procurement, and whenever the outcome of a previously approved expedited procurement is being reported. The departments also shall submit on the appropriate Action Agenda for the Board's prior review and approval, the award of any procurement contract containing a clause which permits the laws of a jurisdiction other than Maryland to prevail. The Board reserves the right to require that any particular procurement contract be brought before the Board for final disposition on one of the Action Agendas. A department may request that any particular procurement contract be brought before the Board for final disposition on one of the Action Agendas. Except as otherwise provided in COMAR 21.05.06, the award of any procurement contract which must be submitted to the Board for approval pursuant to this chapter may not take effect until it has been approved by the Board. Procurement Agency Activity Reports (PAAR). The Departments shall prepare and submit to the Board Procurement Agency Activity Reports (PAAR) covering all procurement contracts in excess of $50,000, except contracts for the purchase of commodities and supplies, made pursuant to this chapter during the previous calendar month or not previously reported. In addition, a PAAR shall include a report of: All contract modifications and option renewals greater than $50,000, but less than the amount requiring Board approval, approved by the departments pursuant to this chapter; All cancellations of solicitations or rejections of all bids or proposals approved by the departments pursuant to COMAR 21.06.02; and All construction contract change orders greater than $50,000, but less than the amount requiring Board approval, approved by the Departments of General Services and Transportation and the Maryland Port Commission pursuant to this chapter. The PAAR of the Department of General Services shall include a summary report of those invoices approved pursuant to this chapter which did not result from competitive bidding. The PAAR shall contain an item for each procurement contract required by this chapter to be reported and shall include at a minimum the following elements: A short abstract of the procurement contract; Name of contracting agency/entity; Date of contract award; Contract number/identifier; Project title (short description); Name, city, and state of contractor; Amount of contract and fund source; Procurement method used (include justification if other than competitive sealed bidding or if preference given); and Number of bids/offers received. The PAAR shall be delivered by the Departments directly to the Secretary to the Board of Public Works, not later than the last Wednesday of the month following the reporting period, for inclusion as an item on the next Board Secretary’s Action Agenda. The provisions of this regulation requiring submission of Action Agendas and PAARS to the Board do not apply to procurements by the Treasurer pursuant to Regulation .04E of this chapter. However, quarterly, the Treasurer shall submit to the Board, on the Board Secretary's Action Agenda, a description of procurements made pursuant to Regulation .04E during the preceding quarter. The description shall include the elements listed in §B(4) of this regulation. Multiyear procurement contracts for services and supplies where the contract term, including the exercise of any option, extends beyond 1 fiscal year are subject to the review and approval procedures required under this chapter and, in addition, the departments shall determine and certify to the Board on the appropriate Action Agenda or PAAR: That estimated requirements cover the period of the contract and are reasonably firm and continuing; and That the contract will serve the best interests of the State by encouraging effective competition or otherwise promoting economies in State procurement. Procedures for the Board's review of sole source and emergency procurement contracts requiring written determinations are contained in this chapter. All other written determinations required by this title are subject to review by audit for compliance purposes. Every contract and any changes or additions to it are subject to prior written approval by the agency head or designee in the using agency and certification by the appropriate fiscal authority as to the adequacy of appropriations and the availability of funds. Certification of the fund source of those contracts which are required to be reviewed and approved by the Board shall appear as an integral part of the corresponding Action Agenda or PAAR items of the submitting State agency. : Education Article, §§14-204, 14-205, and 14-405; State Finance and Procurement Article, §§12-101, 12-107, 12-202, 12-203, 12-204, 12-301, 12-302, 13-108, and 15-112; Annotated Code of Maryland Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulations .03, .04B, C, and .05 amended effective May 10, 1982 (9:9 Md. R. 912) Regulation .03A amended effective August 1, 1986 (13:15 Md. R. 1736) Regulation .03B amended and Regulations .04E and .05C adopted effective November 7, 1983 (10:22 Md. R. 1969) Regulations .04 and .05B 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 .05A amended effective May 6, 1985 (12:9 Md. R. 815) Regulation .05B 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) Chapter revised effective January 9, 1989 (15:27 Md. R. 3138) Regulation .03A amended effective July 20, 1992 (19:14 Md. R. 1286); January 2, 1995 (21:26 Md. R. 2192); October 18, 1999 (26:21 Md. R. 1631); July 27, 2009 (36:15 Md. R. 1167); June 29, 2020 (47:13 Md. R. 643) 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); April 10, 2017 (44:7 Md. R. 357); June 29, 2020 (47:13 Md. R. 643); May 2, 2022 (49:9 Md. R. 531); March 3, 2025 (52:4 Md. R. 221) Regulation .04A amended effective July 27, 2009 (36:15 Md. R. 1167) Regulation .04A, B amended effective January 2, 2017 (43:26 Md. R. 1449) Regulation .04B amended effective September 18, 2023 (50:18 Md. R. 800) 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 April 28, 2014 (41:8 Md. R. 473) 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) Regulation .05A amended effective July 20, 1992 (19:14 Md. R. 1286); April 24, 1995 (22:8 Md. R. 598); February 24, 1997 (24:4 Md. R. 293); October 18, 1999 (26:21 Md. R. 1631); March 12, 2007 (34:5 Md. R. 562); July 27, 2009 (36:15 Md. R. 1167); March 11, 2019 (46:5 Md. R. 310); June 29, 2020 (47:13 Md. R. 643); September 5, 2022 (49:18 Md. R. 819) Regulation .05B amended effective July 20, 1992 (19:14 Md. R. 1286); April 24, 1995 (22:8 Md. R. 598); February 24, 1997 (24:4 Md. R. 293); March 8, 1999 (26:5 Md. R. 393); March 12, 2007 (34:5 Md. R. 562); April 7, 2008 (35:7 Md. R. 751); April 10, 2017 (44:7 Md. R. 357); March 11, 2019 (46:5 Md. R. 310); July 15, 2019 (46:14 Md. R. 623); June 29, 2020 (47:13 Md. R. 643); March 3, 2025 (52:4 Md. R. 221) Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531) The Maryland State Board of Contract Appeals was created by Chapter 775, Acts of 1980 to take effect on July 1, 1981 and to replace and expand upon the scope, jurisdiction, and authority of the Transportation Board of Contract Appeals which was established by Chapter 418, Acts of 1978 effective July 1, 1978. The Appeals Board is an independent agency within the Executive Branch and shall consist of three full-time members qualified to serve in a quasi-judicial capacity and possessing a thorough knowledge of procurement practices and processes. The Chairman and other members are appointed by the Governor with the advice and consent of the State Senate. The Appeals Board shall have jurisdiction to hear and decide all disputes arising under a contract with any State agency, or as a result of a breach of a contract with any State agency, or as a result of a protest relating to the award of a contract with any State agency, except as provided in COMAR 21.10.02.02. The Appeals Board has no jurisdiction over labor disputes or a contract claim relating to a lease of real property. The administrative procedure and regulations of the Appeals Board appear under Subtitle 10, Administrative and Civil Remedies, of this title. State Finance and Procurement Article, §§15-201—15-223, Annotated Code of Maryland Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulation .02 amended effective January 9, 1989 (15:27 Md. R. 3138); July 23, 2012 (39:14 Md. R. 839) Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulation .02 amended effective May 21, 1984 (11:10 Md. R. 865) Regulation .02B, C amended effective May 10, 1982 (9:9 Md. R. 912) Regulation .02B 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 .02C 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) Chapter revised effective January 9, 1989 (15:27 Md. R. 3138) Regulation .02 amended effective February 7, 2000 (27:2 Md. R. 147); January 2, 2017 (43:26 Md. R. 1449) Regulation .02B amended effective October 18, 1999 (26:21 Md. R. 1631); March 12, 2007 (34:5 Md. R. 562) Regulation .03B amended effective October 18, 1999 (26:21 Md. R. 1631); January 2, 2017 (43:26 Md. R. 1449) Regulation .06 adopted as an emergency provision effective July 1, 2005 (32:16 Md. R. 1390); adopted permanently effective October 10, 2005 (32:20 Md. R. 1656) Regulation .06 repealed effective July 30, 2007 (34:15 Md. R. 1350) Regulations .01—.05 repealed effective June 29, 2020 (47:13 Md. R. 643) The Secretary of Transportation shall promulgate, update, and amend internal policy guidelines to supplement the regulations issued pursuant to Division II of the State Finance and Procurement Article. The Secretary may contract with any person to provide services, including consultant services, for the Department or for any transportation-related purpose (Transportation Article, §2-103(h), Annotated Code of Maryland). The Secretary may exercise or perform any power or duty that any unit in the Department may exercise or perform (Transportation Article, §2-103(g)), Annotated Code of Maryland. The Secretary may transfer, assign, and reassign any power or duty from any Administration to the Secretary’s Office or to any other Administration in the Department (Transportation Article, §2-103(f), Annotated Code of Maryland). The Secretary is Chairman of the Maryland Transportation Authority which, acting on behalf of the Department, has jurisdiction over certain transportation facilities projects (Transportation Article, §§4-201—4-205, Annotated Code of Maryland). State Finance and Procurement Article, §12-101, Annotated Code of Maryland Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulation .01 amended effective January 9, 1989 (15:27 Md. R. 3138); December 25, 2000 (27:25 Md. R. 2284); May 2, 2022 (49:9 Md. R. 531) The Secretary of General Services shall promulgate, update, and amend internal policy guidelines to supplement the regulations issued pursuant to Division II of the State Finance and Procurement Article, Annotated Code of Maryland. The Secretary may contract with any person to provide services, including consultant services, for the Department or for using agencies. The Secretary may exercise or perform any power or duty that any unit in the Department may exercise or perform. The Secretary may transfer, assign, and reassign any power or duty from any unit in the Department to the Secretary's office or to any other unit in the Department. The Secretary, through the Office of State Procurement within the Department, shall publish a Maryland State Procurement Manual that contains procurements standards, guidance, procedures, and best practices for agencies under the procurement authority of the Department. The Maryland State Procurement Manual shall be accessible by any person responsible for conducting procurement on behalf of or under the authority of the Department and the general public. Specific Powers and Duties. The Secretary has specific powers and duties for: The design and construction of public improvements; Maintenance; The purchasing of supplies (except insurance); Services; Information technology; and The leasing of equipment, vehicles, and real property. Design, Construction, and Maintenance. In the area of design, construction, and maintenance, pursuant to State Finance and Procurement Article, §§4-406—4-408, Annotated Code of Maryland, except for those projects and properties under the jurisdiction of the Department of Transportation, the Secretary is authorized to establish and supervise a comprehensive maintenance and repair program for all State-operated public improvements and to review and set priorities concerning the maintenance and operation of these improvements. The Department may select consultant architects and engineers to prepare plans and specifications for State construction projects. The Department is authorized to examine and approve these plans and specifications and to inspect and approve the materials, equipment, and work methods used in the course of construction, maintenance, or repair. Duties of the Department include: Assist and advise the Board and other State agencies on all matters of engineering, surveys, plans, specifications, and contracts for public improvements, including the review and approval of any changes; Collect and maintain records of both construction costs and work progress; Supervise all appraisals in connection with public improvements; Maintain a complete and accurate file of drawings and plans of all public improvements; and Represent the Board at the opening of all bids for public improvements, and tabulate, record, and advise the Board of these bids. Procurement of Commodities and Equipment. Concerning the procurement of commodities, pursuant to State Finance and Procurement Article, §4-310—4-315, Annotated Code of Maryland, the Secretary is authorized to award purchase contracts for commodities, and equipment for all State agencies, except for purchases on behalf of the Mass Transit Administration of rolling stock and other property peculiar to the operation of a transit system. The Secretary is empowered to determine standards for materials, supplies, and equipment purchases, except for standards for the purchase of motor vehicles. The Secretary is also empowered to establish procedures that the using agencies shall follow when procuring materials, supplies, and equipment through the Department or when procuring those items under the exempt, delegated, or emergency purchasing authorities identified in these regulations. Leasing. The Secretary is authorized to manage the leasing by the State as lessee of all real property to which the State does not have title. This management function includes: Supervising the selection of locations, negotiating rental rates, and finalizing lease agreements; Publishing standards and criteria for office space use; and Assigning leased space. Exceptions to the Secretary's leasing authority are: Leases entered into by Blind Industries and Services of Maryland as lessee; and Leases involving the Maryland Department of Transportation requiring improved or unimproved properties for its projects. Track and station leases by the Mass Transit Administration are exempt from certain leasing requirements. Handling of these leases shall comply with procedures contained in the Space Management Manual. The following leases are under the Secretary's leasing authority but are not actually administered by the Department. Handling of these leases shall comply with procedures contained in the Department's Space Management Manual: Certain leases involving concession agreements; and Leases acquired outside of Maryland. The Secretary may authorize a using agency to lease space on an emergency basis, if requested. Office of Facilities Planning, Engineering, and Construction. The Department’s Office of State Procurement is responsible for conducting the procurements for State construction projects. This Office shall prepare or cause to be prepared contract documents, shall advertise and solicit bids as appropriate, and shall manage the contract award process. The Department’s Office of Facilities Planning, Engineering, and Construction shall administer the development and completion of the project. Obtaining Services. The using agency may initiate a service request by submitting a program describing the work required to the Office of Facilities Planning, Engineering, and Construction. The program shall be submitted in accordance with instructions in the Program Manual. Following the receipt of the program, the Department’s Office of Facilities Planning, Engineering, and Construction shall begin the process to obtain the required public improvements, and shall submit the requisition to the Office of State Procurement. Using Agency Responsibilities. Before the contract is let, the Department of General Services shall provide a written recommendation for acceptance or rejection of the contract award to the using agency. During construction, an official representative of the using agency shall attend the job initiation, progress, punch-out, and any other meeting convened to expedite or review the development of the project. Control. The Department is responsible for the control of maintenance contracts and provides direction and assistance to the using agencies in their procurement and development of maintenance contracts. Delegation of Purchasing Authority to Using Agencies. The Department may establish policies and procedures permitting State agencies to enter into maintenance contracts with a value of less than $200,000, without concurrence of the Department. The procedures are described in the Maryland State Procurement Manual. Delegation of Purchasing Authority to Using Agencies. Department of General Services Selects Exemptions. The Department reserves the right to delegate, either by commodity class or dollar value, certain purchase authority to using agencies. These classes and dollar exemptions are identified in the Maryland State Procurement Manual. Delegated purchases are subject to any review, reporting, or auditing requirements established by the Department. Authority delegated by the Department under this regulation may be rescinded at the Department’s discretion. Using Agency May Request Authority Delegation. A using agency may write the Department and present justification for a procurement which it wishes exempted from the Department’s award authority. Integrity in Application of Exemption Policies. A using agency may not deliberately circumvent a dollar threshold purchase exemption by subdividing a requirement into smaller quantities. This prohibition also applies to purposefully reducing the order quantities and buying more frequently. Purchases Costing $10,000 or More. The Department may not approve requisitions for commodities which are: The subject of a term requirements or indefinite quantity contract; or Available from another State agency. Repealed. Emergency Purchases. The Department shall allow using agencies to make emergency purchases of commodities in accordance with COMAR 21.05.06. Emergency purchases shall be reported as required by COMAR 21.05.06.02D. If a using agency determines that an emergency exists, the agency may contact the Department for assistance before making a purchase. Receiving and Inspection. Upon delivery of supplies, the using agency shall be responsible for weighing, counting, visually inspecting, and noting any deviations between the items delivered and the purchase order specifications issued by the Department. If a substitute is found, the using agency shall reject it and submit a vendor performance report immediately to the Department. If the need is critical, the appropriate Department buyer shall be notified immediately. Agency receiving personnel shall sign delivery receipts and complete receiving reports for only the quantities received. The receiving personnel shall note any shortages on the delivering carrier's freight bill and shall immediately inform the vendor and the Department of the shortage. Concealed damage or shortages shall also be reported to the vendor as soon as discovered. Invoice Processing. Each using agency is responsible for promptly processing invoices for payment. The using agency shall match a receiving report and any other supporting documents with appropriate invoices. The using agency shall place all approved invoices on a disbursement transmittal and forward them to the Comptroller's Office for payment. Leasing of real property shall be in accordance with the Department's Space Management Manual which identifies the responsibilities of the using agencies and the procedures of the lease acquisition process. The Department is responsible for the control of service contracts and provides direction and assistance to the using agencies in their procurement and development of service contracts pursuant to their delegated authority. Except as provided in §C of this regulation, this regulation applies to solicitations, contracts, and contract modifications to existing contracts issued by State agencies funded from any source (including nonbudgeted funds and reimbursable funds), which may be used to subsidize, purchase, lease, or otherwise procure contractual services. The following are exempt from this regulation: Architectural and engineering services contracts of the Departments of General Services and Transportation; Contracts for acquisition and construction of capital improvements, leases, and maintenance services procured through or by the Departments of General Services and Transportation; Contracts for higher education student government self-supporting activities, when the funds being used for the payment were collected from non-State sources, provided that all transmittals and invoices are annotated to certify that all funds being used for the payment were collected from non-State sources; The sale of forest products; Banking, investment, and other financial services contracts authorized by State Finance and Procurement Article, §12-107, Annotated Code of Maryland; and Contracts for insurance and insurance-related services obtained pursuant to State Finance and Procurement Article, Title 9 and §12-107, Annotated Code of Maryland. Unless otherwise specifically provided by statute, other contracts or classes of contracts may be declared in writing exempt in whole or in part from these regulations by the Secretary. Application. This regulation applies to all mopeds and motor vehicles as defined by Transportation Article, §11-134.1, 11-135, and 11-176, Annotated Code of Maryland. Exempt from this regulation are vehicles assigned to persons with written exceptions from the Secretary. Acquisition of Vehicles. Standards for purchase shall be determined by the Department of Budget and Management, with the concurrence of the Board. Standards shall be determined for the standard State automobile and such other classes as may be required by the State. Vehicle purchase requests, with specifications, initially shall be submitted to the Secretary of Budget and Management. Actual purchase shall be made by the Department. The Secretary of General Services may periodically enter into contracts with automobile rental firms to supply rental vehicles to using agencies. Using agencies requiring the use of rental vehicles shall acquire them in accordance with the terms and conditions of the State contract or as specified by the Secretary of General Services, or both. Using agencies requiring the use of rental vehicles not covered by the contracts referenced in §A of this regulation may acquire them using applicable small procurement procedures in accordance with COMAR 21.05.07 with the prior approval of the Secretary of General Services. The Secretary of General Services may enter into contracts with contractors providing temporary personnel services to supply certain classes of temporary personnel services. The Secretary of General Services shall notify all using agencies of the prices at which temporary personnel services may be obtained and the procedure to be followed to obtain these services under the contracts referenced in §A of this regulation. The Secretary of General Services or designee may permit exceptions to these procedures upon written request and justification. State Finance and Procurement Article, §§4-204, 12-101, 12-107, 12-108, 13-103, 13-104, 13-107, and 13-108(a)(1), Annotated Code of Maryland Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulation .01E amended effective January 14, 1985 (12:1 Md. R. 17) Regulation .04B repealed 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; repealed permanently effective October 12, 1982 (9:20 Md. R. 1984) Chapter revised effective January 9, 1989 (15:27 Md. R. 3138) Regulation .01E amended effective June 16, 1997 (24:12 Md. R. 865); March 8, 1999 (26:5 Md. R. 393); October 18, 1999 (26:21 Md. R. 1631); June 29, 2020 (47:13 Md. R. 643) Regulation .01F amended effective June 29, 2020 (47:13 Md. R. 643) Regulation .02 amended effective June 29, 2020 (47:13 Md. R. 643) Regulation .02A, B amended effective June 16, 1997 (24:12 Md. R. 865) Regulation .03 amended effective March 11, 1996 (23:5 Md. R. 384) Regulation .03C repealed effective June 29, 2020 (47:13 Md. R. 643) Regulation .04 amended effective June 16, 1997 (24:12 Md. R. 865); June 29, 2020 (47:13 Md. R. 643) Regulation .04A amended effective August 23, 2010 (37:17 Md. R. 1186); July 21, 2014 (41:14 Md. R. 799); March 11, 2019 (46:5 Md. R. 310) Regulation .04C repealed effective September 3, 2012 (39:17 Md. R. 1149) Regulation .06 repealed effective June 16, 1997 (24:12 Md. R. 865) Regulation .06 adopted effective June 29, 2020 (47:13 Md. R. 643) Regulation .07 adopted effective June 29, 2020 (47:13 Md. R. 643) Regulation .08 adopted effective June 29, 2020 (47:13 Md. R. 643) Regulation .09 adopted effective June 29, 2020 (47:13 Md. R. 643) Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulation .01E amended effective January 14, 1985 (12:1 Md. R. 171) Chapter revised effective January 9, 1989 (15:27 Md. R. 3138) Regulation .01B amended effective March 8, 1999 (26:5 Md. R. 393) Chapter repealed effective October 18, 1999 (26:21 Md. R. 1631) The Comptroller shall promulgate, update, and amend internal policy guidelines to supplement the regulations issued pursuant to this title. When not acting in the capacity as a member of the Board, the Comptroller's principal responsibility under this title is for the prompt and expeditious payment of valid invoices from contracts approved and submitted by State agencies. The Comptroller's General Accounting Division will document and notify in writing the concerned State agency and the appropriate promulgating authorities of this regulation when the agency has delayed payments. A “delayed payment” condition exists when the date of an individual request for payment received by the General Accounting Division is greater than 25 days from the date the proper invoice is received or the date the services, supplies, maintenance, construction, construction-related, architectural, or engineering services are received and accepted, whichever is later. In this event, the individual request will be considered delayed unless the invoice is a disputed invoice under Regulation .02C. State agencies shall determine before approval and transmittal of any invoice to the Comptroller, the following: That the contract has been satisfied pursuant to: Its terms and conditions, particularly the payment and performance schedule and that the contractor is to be properly compensated, if the contract so allows, for any “delayed payment” conditions; This title; and State Finance and Procurement Article, Division II. Contractors shall indicate their taxpayer identification number on the face of each invoice billed to the State. The taxpayer identification number is the Social Security number for individuals and sole proprietors and the federal employer identification number for all other types of organizations. That in the event any delay conditions exist due to partial shipments, damaged goods, incomplete services, invoice errors, or disputed invoices, the State agency shall give proper and timely written notification to all concerned parties. A brief description of the reasons for delay shall accompany the invoice when payment is requested from the General Accounting Division in order to avoid being considered a delayed condition. Once approved, the invoices shall be forwarded by the State agency to the General Accounting Division of the Office of the Comptroller for processing and payment in accordance with the instructions contained in the Accounting Procedures Manual for the Use of State Agencies. Pursuant to State Finance and Procurement Article, §7-222, Annotated Code of Maryland, the Comptroller may not authorize payment to a contractor who has submitted an invoice if that contractor is indebted to any unit of the State by virtue of unpaid taxes or other obligations owed in an amount of $50 or more. If taxes or other obligations are owed to the State, payment shall be deferred and the contractor shall be timely notified. Subsequent release of the deferred payment shall be promptly made when the taxes or other obligations are satisfactorily resolved. The taxes or other obligations shall be resolved either by set-off of the amount due the contractor against the amounts due the State or by direct payment. State Finance and Procurement Article, §§7-222, 7-401, and 12-101, Annotated Code of Maryland Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulation .01B amended effective October 8, 1984 (11:20 Md. R. 1744) Chapter revised effective January 9, 1989 (15:27 Md. R. 3138) Regulation .01B amended effective August 2, 1993 (20:15 Md. R. 1221) Regulation .02B amended effective August 2, 1993 (20:15 Md. R. 1221) Regulation .02C amended effective December 25, 2000 (27:25 Md. R. 2284) Regulation .03C repealed effective December 25, 2000 (27:25 Md. R. 2284) At any open session of the Procurement Improvement Council, the general public is invited to attend and observe. Except in instances when the Procurement Improvement Council 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. A person attending an open session of the Procurement Improvement Council may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that disrupts the sessions or that interferes with the right of members of the public to attend and observe the session. The presiding officer may order a person who persists 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 and may request police assistance to restore order. The presiding officer may recess the session while order is restored. A member of the public, including any representative of the news media, may record discussions of the Procurement Improvement Council at an open session by means of a tape recorder or any other recording device if the device does not create an excessive noise that disturbs members of the Procurement Improvement Council or other persons attending the session. A member of the public, including any representative of the news media, may photograph or videotape the proceedings of the Procurement Improvement Council at an open session by means of any type of camera if the camera: Is operated without excessively bright artificial light that disturbs members of the Procurement Improvement Council or other persons attending the session; and Does not create an excessive noise that disturbs members of the Procurement Improvement Council or other persons attending the session. A representative of the news media may broadcast or televise the proceedings of the Procurement Improvement Council at an open session if the equipment used: Is operated without excessively bright artificial light that disturbs members of the Procurement Improvement Council or other persons attending the session; and Does not create an excessive noise that disturbs members of the Procurement Improvement Council or other persons attending the session. The presiding officer may restrict the movement of a person who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the session. A recording of an open session made by a member of the public, or any transcript derived from such a recording, may not be considered a part of the record of any proceeding of the Procurement Improvement Council. State Finance and Procurement Article, §§12-101 and 12-105; State Government Article, §10-507; Annotated Code of Maryland Effective date: August 16, 1993 (20:16 Md. R. 1279) Regulation .01 amended effective June 29, 2020 (47:13 Md. R. 643) Regulation .02A amended effective June 29, 2020 (47:13 Md. R. 643) Regulation .03 amended effective June 29, 2020 (47:13 Md. R. 643) Regulation .04 amended effective June 29, 2020 (47:13 Md. R. 643)