# COMAR Title 21 — State Procurement Regulations

## Subtitle 05 — Procurement Methods and Project Delivery Methods

### Chapter 09 — Intergovernmental Cooperative Purchasing

#### Regulation .04 Determinations Required.

*COMAR 21.05.09.04*

A. The procurement officer for a primary procurement unit shall make a determination in accordance with §B or C of this regulation before the primary procurement unit may:

  (1) Initially sponsor or participate in an intergovernmental cooperative purchasing agreement;

  (2) Renew an intergovernmental cooperative purchasing agreement; or

  (3) Modify an intergovernmental cooperative purchasing agreement.

B. A determination under §A(1) of this regulation shall be in writing and include:

  (1) Sufficient evidence that the intergovernmental cooperative purchasing agreement:

    (a) Will provide cost benefits to the State; or

    (b) Will promote administrative efficiencies, or promote intergovernmental cooperation; and

  (2) A statement how the intergovernmental cooperative purchasing agreement:

    (a) Is in the best interest of the State; and

    (b) Is not intended as a means to evade the purposes set forth under COMAR 21.01.01.03.

C. A determination under §A(2) or (3) of this regulation shall be in writing and include:

  (1) Sufficient evidence that the intergovernmental cooperative purchasing agreement:

    (a) Will provide cost benefits to the State; and

    (b) Will promote administrative efficiencies, or promote intergovernmental cooperation; and

  (2) A statement how the intergovernmental cooperative purchasing agreement:

    (a) Is in the best interest of the State; and

    (b) Is not intended to evade the purposes set forth under COMAR 21.01.01.03.

D. A primary procurement unit shall post each determination required under this regulation on the primary procurement unit’s website before sponsoring, participating in, renewing, or modifying an intergovernmental cooperative purchasing agreement.