<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".01" citation="COMAR 21.05.16.01" title_num="21" subtitle_num="05" chapter_num="16" heading="Proof of Concept Definitions and Procedures.">
  <paragraph num="A.">
    <text>“Proof of concept” means a test, evaluation, demonstration, or pilot project of a good, service, or technology in a real–world environment to evaluate whether the good, service, or technology can be successfully deployed and is beneficial to the State, in accordance with State Finance and Procurement Article, §13-116(A), Annotated Cod of Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A “Competitive Proof of Concept Procurement” means a formal competitive procurement method that may be used to solicit proposals for the conduct of a proof of concept prior to full implementation when the head of a unit determines the process to be appropriate and in the best interests of the unit, including:</text>
    <paragraph num="(1)">
      <text>Testing software–as–a–service or off–the–shelf software;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Testing new, innovative products or services; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Testing a product or service conceptualized or conceived of by a unit of State government, in accordance State Finance and Procurement Article, §13-116(B)(1), Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>After obtaining the approval of the head of the procurement agency and before conducting a competitive proof of concept procurement, the procuring unit shall obtain approval from the Secretary of Information Technology, or the Secretary’s Designee.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The Secretary of Information Technology may grant approval for a competitive proof of concept procurement if the procuring unit:</text>
    <paragraph num="(1)">
      <text>Has sufficient internal resources to manage the proof of concept, including human capital, subject matter expertise, and technological infrastructure, or has the means to obtain these resources; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Enters into a memorandum of understanding with the Department of Information Technology that requires regular status updates, vendor capacity, and any other information necessary for the Department of Information Technology to evaluate whether the proof of concept can be successfully deployed and is beneficial to the State.</text>
    </paragraph>
  </paragraph>
</regulation>