# COMAR Title 21 — State Procurement Regulations

## Subtitle 03 — State Procurement Regulations and Contracts

### Chapter 05 — Electronic Transactions

**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

**Administrative History:** Effective date: October 27, 2003 (30:21 Md. R. 1530)

**Administrative History:** Regulation .01B amended effective September 18, 2023 (50:18 Md. R. 800)

**Administrative History:** Regulation .02A amended effective March 3, 2025 (52:4 Md. R. 221)

**Administrative History:** Regulation .03 amended effective April 29, 2024 (51:8 Md. R. 369)

#### Regulation .01 Electronic Procurements Authorized.

*COMAR 21.03.05.01*

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.

*COMAR 21.03.05.02*

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.

*COMAR 21.03.05.03*

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.

*COMAR 21.03.05.04*

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.