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<regulation prefix="Regulation" num=".05" citation="COMAR 21.02.01.05" title_num="21" subtitle_num="02" chapter_num="01" heading="Review and Approval of the Award of Procurement Contracts.">
  <paragraph num="A.">
    <text>Action Agendas.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>The Department of General Services shall submit the items on the Department of General Services Action Agenda;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Department of Transportation and the Maryland Transportation Authority shall submit the items on the Department of Transportation's Action Agenda;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Morgan State University and St. Mary's College of Maryland shall submit the items on the Board Secretary’s Action Agenda.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The procurement agencies shall:</text>
      <paragraph num="(a)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A department may request that any particular procurement contract be brought before the Board for final disposition on one of the Action Agendas.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Procurement Agency Activity Reports (PAAR).</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In addition, a PAAR shall include a report of:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All cancellations of solicitations or rejections of all bids or proposals approved by the departments pursuant to COMAR 21.06.02; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>A short abstract of the procurement contract;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Name of contracting agency/entity;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Date of contract award;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Contract number/identifier;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Project title (short description);</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Name, city, and state of contractor;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Amount of contract and fund source;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Procurement method used (include justification if other than competitive sealed bidding or if preference given); and</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Number of bids/offers received.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
</regulation>