Chapter 05. Electronic Transactions
Regulation .01 Electronic Procurements Authorized.LinkCopy Citation
A.
Unless otherwise prohibited by law, a primary procurement unit may conduct procurements by electronic means as provided in the Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21, Annotated Code of Maryland.
B.
Procurement transactions conducted by electronic means may include:
(1)
Solicitations;
(2)
Bids or proposals;
(3)
Evaluations;
(4)
Awards;
(5)
Execution;
(6)
Contract Administration;
(7)
Protests; and
(8)
Claims.
Regulation .02 Solicitation Requirements.LinkCopy Citation
A.
Each solicitation and contract shall state whether electronic transactions are permitted or required for that procurement consistent with law and regulation. If the solicitation or contract does not specify that electronic transactions are permitted or required, bidders and offerors may not use electronic means for any part of the procurement except as otherwise provided for in law or regulation, including COMAR 21.10.02.02.
B.
If the electronic means are permitted or required, a solicitation or a contract shall specifically identify:
(1)
Transactions for which electronic means are authorized;
(2)
Specific means of conducting each authorized electronic transaction, including:
(a)
Facsimile;
(b)
Electronic mail;
(c)
Specific electronic bidding platforms;
(d)
Internet;
(e)
Electronic funds transfer;
(f)
Electronic data interchange; and
(g)
Any other electrical, digital, magnetic, wireless, optical, or electromagnetic means of electronically conducting transactions;
(3)
The format for electronic transmission of required information;
(4)
The information processing systems to be used to conduct the electronic procurement transactions and how to access such systems;
(5)
The time, place, and manner of receipt of electronic transactions from a bidder, offeror, or contractor; and
(6)
The fees to be charged, if any, for use of the specified electronic means.
Regulation .03 Unauthorized Transactions Prohibited.LinkCopy Citation
A.
An attempt by a bidder, offeror, or contractor to conduct an electronic procurement transaction may not be considered by the procurement officer unless law, regulation, the solicitation, or contract specifically authorizes the electronic means for the specified transaction.
B.
An attempt by a bidder, offeror, or contractor to conduct a transaction by electronic means, including any acknowledgement, bid, proposal, or claim, does not satisfy the requirements of this title unless the solicitation or contract specifically authorizes the use of electronic means for the specified transaction.
Regulation .04 Fees.LinkCopy Citation
A.
A unit utilizing electronic means to conduct procurement transactions, or a private contractor furnishing electronic means to the State for conducting procurement transactions, may charge a reasonable fee to a bidder or offeror for the use of the electronic means.
B.
A fee may not be charged under §A of this regulation unless it is approved by the Board.
Chapter annotations
Authority: Commercial Law Article, §§21-101—21-120; State Finance and Procurement Article, §§11-204, 11-206, 12-101, 13-226, and 15-210, Annotated Code of Maryland
History: Effective date: October 27, 2003 (30:21 Md. R. 1530)
History: Regulation .01B amended effective September 18, 2023 (50:18 Md. R. 800)
History: Regulation .02A amended effective March 3, 2025 (52:4 Md. R. 221)
History: Regulation .03 amended effective April 29, 2024 (51:8 Md. R. 369)