Chapter 01. Board of Public Works
Regulation .01 Power and Authority Over Procurement.LinkCopy Citation
Except as provided in State Finance and Procurement Article, §12-101, Annotated Code of Maryland, the Board may control all procurement by State agencies.
Regulation .02 Duties, Responsibilities, and Authority Over Procurement and Contracting.LinkCopy Citation
A.
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.
B.
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.
Regulation .03 Designation of Control and Procurement Authorities.LinkCopy Citation
A.
Control Authorities. The Board recognizes the following control authorities:
(1)
State Treasurer;
(2)
Department of General Services;
(3)
Department of Transportation; and
(4)
Maryland Port Commission.
B.
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.
C.
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.
Regulation .04 Delegation of Procurement and Contracting Authority.LinkCopy Citation
A.
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.
B.
The Department of General Services. The Board hereby delegates authority to the Secretary of General Services for the approval and award of the following procurement contracts within the Department’s jurisdiction:
(1)
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;
(2)
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.
(3)
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.
(4)
Invoices necessary for the administration of capital improvement contracts;
(5)
Contract modifications, excluding construction contract change orders, that:
(a)
Do not materially change the scope of the original contract;
(b)
Individually do not change the amount of the contract, or any cost component of the contract, by more than $50,000; or
(c)
Exercise by a using agency a contract option of $200,000 or less;
(6)
Contracts in the amount of $100,000 or less resulting from sole source procurement;
(7)
Contracts in the amount of $50,000 or less resulting from competitive [procurement] sealed bidding or competitive sealed proposals procurements in which only one bid or offer was received;
(8)
Leases for agency-supplied employee housing;
(9)
Purchasing, leasing, and rental contracts for the acquisition of motor vehicles for use by State officials and employees, pursuant to State Finance and Procurement Article, Title 3, Subtitle 5, Annotated Code of Maryland;
(10)
Procurements by the Department for the purpose of modernizing cybersecurity infrastructure for the State valued below $1,000,000; and
(11)
Energy Performance Contracts.
(a)
A procurement agency shall consult with the Department of General Services during the development phase of a project that will require an energy performance contract.
(b)
Before issuing a request for proposals for an energy performance contract, a procurement agency shall consult with the Department of General Services and the Chief Procurement Officer.
(c)
The Department of General Services shall review the proposed request to ensure that it meets with the State energy standards and preserves the State’s flexibility to investigate and use economically justifiable new technologies.
(d)
A procuring agency pursuing an energy contract must receive final approval from the Department of General Services before submitting the proposed contract to the Board of Public Works for approval.
(e)
Notwithstanding any other provision of law and subject to the approval and control of the Board of Public Works and the Chief Procurement Officer, a unit of State government is authorized to enter into energy performance contracts of up to 30 years’ duration.
C.
The Department of Transportation.
(1)
The Board hereby delegates authority to the Secretary of Transportation and to the Maryland Transportation Authority for the approval and award of the following procurement contracts within their respective jurisdictions:
(a)
Transportation-related construction contracts and change orders in the amount of $200,000 or less;
(b)
Capital construction-related service contracts and change orders in the amount of $200,000 or less;
(c)
Architectural and engineering contracts in the amount of $200,000 or less;
(d)
Maintenance contracts in the amount of $200,000 or less;
(e)
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;
(f)
Contract modifications, excluding construction contract change orders, that:
(i)
Do not materially change the scope of the original contract;
(ii)
Individually do not change the amount of the contract, or any cost component of the contract, by more than $50,000; or
(iii)
Exercise a contract option of $200,000 or less;
(g)
Contracts in the amount of $100,000 or less resulting from sole source procurement;
(h)
Contracts in the amount of $50,000 or less resulting from competitive sealed bidding or competitive sealed proposals procurements in which only one bid or offer was received;
(i)
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
(j)
Secondary competition awards, renewal options, and modifications in accordance with COMAR 21.05.13.06 in the amount of $200,000 or less.
(2)
The Secretary of Transportation and the Maryland Transportation Authority have procurement and contracting authority for capital expenditure contracts in connection with State roads, bridges, or highways.
D.
Repealed.
E.
The Treasurer. The Board hereby delegates authority to the Treasurer for the approval and award of the following procurement contracts within the Treasurer’s jurisdiction:
(1)
Banking, investment, and other financial services contracts authorized by State Finance and Procurement Article, §12-107, Annotated Code of Maryland;
(2)
Contracts for insurance and insurance-related services obtained pursuant to State Finance and Procurement Article, Title 9 and §12-107, Annotated Code of Maryland.
F.
Maryland Port Commission. The Board hereby delegates authority to the Chairman of the Maryland Port Commission for the approval and award of the following procurement contracts within the Maryland Port Commission’s jurisdiction:
(1)
Construction contracts and change orders for Port facilities in the amount of $200,000 or less;
(2)
Construction-related service contracts and change orders for Port facilities in the amount of $200,000 or less;
(3)
Port-related architectural services and engineering services contracts in the amount of $200,000 or less;
(4)
Port-related maintenance contracts in the amount of $200,000 or less;
(5)
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;
(6)
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.
(7)
Contract modifications, excluding construction contract change orders, that:
(a)
Do not materially change the scope of the original contract;
(b)
Individually do not change the amount of a contract, or any cost component of the contract, by more than $50,000;
(c)
Exercise a contract option of $200,000 or less; or
(d)
Change cargo and equipment handling rates in stevedoring or terminal services contracts approved by the Board when the contract modification, either individually or in combination with previous contract modifications, does not change the price of the original contract by more than 20 percent.
(8)
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;
(9)
Contracts in the amount of $100,000 or less resulting from sole source procurement;
(10)
Contracts in the amount of $50,000 or less resulting from competitive sealed bidding or competitive sealed proposals procurements in which only one bid or offer was received; and
(11)
Leases of real property for Port-related activities having a value of $50,000 or less per year, and provided the lease payments, in whole or in part, are not paid from the General Fund. (The real property leases governed by this regulation shall be reported to the Board on the Maryland Port Commission Procurement Agency Activity Report (PAAR) at the earliest practicable time.)
G.
Repealed.
H.
Repealed.
I.
A unit may not artificially divide a procurement contract or contract modification to avoid obtaining Board approval.
Regulation .05 Review and Approval of the Award of Procurement Contracts.LinkCopy Citation
A.
Action Agendas.
(1)
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.
(2)
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:
(a)
The Department of General Services shall submit the items on the Department of General Services Action Agenda;
(b)
The Department of Transportation and the Maryland Transportation Authority shall submit the items on the Department of Transportation's Action Agenda;
(c)
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;
(d)
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
(e)
Morgan State University and St. Mary's College of Maryland shall submit the items on the Board Secretary’s Action Agenda.
(3)
The procurement agencies shall:
(a)
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.
(b)
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.
(4)
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.
(5)
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.
(6)
A department may request that any particular procurement contract be brought before the Board for final disposition on one of the Action Agendas.
(7)
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.
B.
Procurement Agency Activity Reports (PAAR).
(1)
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.
(2)
In addition, a PAAR shall include a report of:
(a)
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;
(b)
All cancellations of solicitations or rejections of all bids or proposals approved by the departments pursuant to COMAR 21.06.02; and
(c)
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.
(3)
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.
(4)
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)
A short abstract of the procurement contract;
(b)
Name of contracting agency/entity;
(c)
Date of contract award;
(d)
Contract number/identifier;
(e)
Project title (short description);
(f)
Name, city, and state of contractor;
(g)
Amount of contract and fund source;
(h)
Procurement method used (include justification if other than competitive sealed bidding or if preference given); and
(i)
Number of bids/offers received.
(5)
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.
C.
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.
Regulation .06 Review and Approval of the Award of Certain Procurement Contracts.LinkCopy Citation
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:
A.
That estimated requirements cover the period of the contract and are reasonably firm and continuing; and
B.
That the contract will serve the best interests of the State by encouraging effective competition or otherwise promoting economies in State procurement.
Regulation .07 Review of Determinations.LinkCopy Citation
A.
Procedures for the Board's review of sole source and emergency procurement contracts requiring written determinations are contained in this chapter.
B.
All other written determinations required by this title are subject to review by audit for compliance purposes.
Regulation .08 Procedures for Certification of Adequacy of Appropriations and Availability of Funds.LinkCopy Citation
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.
Chapter annotations
Authority: : 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
History: Effective date: July 1, 1981 (8:13 Md. R. II-5)
History: Regulations .03, .04B, C, and .05 amended effective May 10, 1982 (9:9 Md. R. 912)
History: Regulation .03A amended effective August 1, 1986 (13:15 Md. R. 1736)
History: Regulation .03B amended and Regulations .04E and .05C adopted effective November 7, 1983 (10:22 Md. R. 1969)
History: 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)
History: 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)
History: Regulation .04A amended effective August 24, 1987 (14:17 Md. R. 1872)
History: 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)
History: 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)
History: Regulation .04B, C amended effective April 1, 1986 (13:6 Md. R. 684)
History: 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)
History: Regulation .04D amended effective January 14, 1985 (12:1 Md. R. 17)
History: Regulation .04E amended effective August 1, 1986 (13:15 Md. R. 1736)
History: Regulation .05A amended effective May 6, 1985 (12:9 Md. R. 815)
History: 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)
History: Chapter revised effective January 9, 1989 (15:27 Md. R. 3138)
History: 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)
History: 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)
History: Regulation .04A amended effective July 27, 2009 (36:15 Md. R. 1167)
History: Regulation .04A, B amended effective January 2, 2017 (43:26 Md. R. 1449)
History: Regulation .04B amended effective September 18, 2023 (50:18 Md. R. 800)
History: Regulation .04C amended effective April 11, 2005 (32:7 Md. R. 685)
History: Regulation .04D repealed effective October 18, 1999 (26:21 Md. R. 1631)
History: Regulation .04F amended effective May 12, 2003 (30:9 Md. R. 615)
History: Regulation .04G and H adopted effective July 20, 1992 (19:14 Md. R. 1286)
History: Regulation .04G repealed effective January 2, 1995 (21:26 Md. R. 2192)
History: Regulation .04H amended effective April 28, 2014 (41:8 Md. R. 473)
History: Regulation .04I adopted effective May 9, 1994 (21:9 Md. R. 752)
History: Regulation .04I repealed effective March 12, 2007 (34:5 Md. R. 562)
History: Regulation .04I adopted effective February 23, 2009 (36:4 Md. R. 355)
History: Regulation .04J adopted effective April 24, 1995 (22:8 Md. R. 598)
History: Regulation .04J repealed effective April 11, 2005 (32:7 Md. R. 685)
History: Regulation .04J adopted effective July 27, 2009 (36:15 Md. R. 1167)
History: 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)
History: 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)
History: Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)