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<regulation prefix="Regulation" num=".04" citation="COMAR 21.11.05.04" title_num="21" subtitle_num="11" chapter_num="05" heading="Duties of the Pricing and Selection Committee for Preferred Providers.">
  <text>The Pricing and Selection Committee for Preferred Providers shall:</text>
  <paragraph num="A.">
    <text>Determine the prevailing average market prices for supplies and services provided by Maryland Correctional Enterprises;</text>
  </paragraph>
  <paragraph num="B.">
    <text>Determine the fair market prices for supplies and services provided by Maryland Correctional Enterprises;</text>
  </paragraph>
  <paragraph num="C.">
    <text>Include in the master list:</text>
    <paragraph num="(1)">
      <text>A listing of those supplies and services available for procurement from Maryland Correctional Enterprises,</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The fair market price for each supply and service,</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Any necessary instructions governing the procurement of a supply or service from Maryland Correctional Enterprises;</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Compile, publish, and distribute, at least annually, the master list, which shall include:</text>
    <paragraph num="(1)">
      <text>Listings of supplies and services available from each of the selling entities,</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The fair market prices of those supplies and services,</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Instructions governing the procurement of those supplies and services, including the order of procurement priority when the same or substantially similar supply or service can be provided by more than one selling entity;</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Consult periodically with the procurement agencies and the selling entities to establish reasonable and uniform standards, including those governing quantity, quality, style, design, and delivery; and</text>
  </paragraph>
  <paragraph num="F.">
    <text>Designate an appropriate coordinating entity to facilitate distribution of procurement contracts among sheltered workshops.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Review and verify the prevailing average market prices, as proposed by Maryland Correctional Enterprises, when changes are made to the pricing of existing goods and services that are available from Maryland Correctional Enterprises or for new goods or services that Maryland Correctional Enterprises intends to make available;</text>
  </paragraph>
  <paragraph num="H.">
    <text>Meet as often as necessary, at the call of any of its members, but at least annually;</text>
  </paragraph>
  <paragraph num="I.">
    <text>Ensure that supplies, services, or other sales provided by Blind Industries and Services of Maryland or an Employment Works Program community service provider create work opportunities for individuals who have a mental or physical disability, including blindness, for which Blind Industries and Services of Maryland or the Employment Works Program community service provider was established to assist;</text>
  </paragraph>
  <paragraph num="J.">
    <text>Choose appropriate supplies, services, or other sales for Employment Works Program community service providers and individual-with-disability-owned businesses to offer for procurement;</text>
  </paragraph>
  <paragraph num="K.">
    <text>Except for services and supplies provided under the Maryland Blind Vending Program, set prices to reflect the fair market prices of supplies, services, or other sales that Blind Industries and Services of Maryland, Employment Works Program community service providers and individual-with-disability-owned businesses provide;</text>
  </paragraph>
  <paragraph num="L.">
    <text>Adjust prices for the supplies, services, or other sales that Blind Industries and Services of Maryland and Employment Works Program community service providers and individual-with-disability-owned businesses provide, in accordance with market conditions;</text>
  </paragraph>
  <paragraph num="M.">
    <text>At the request of an Employment Works Program community service provider or an individual-with-disability-owned business, review and, if appropriate, change the price of a supply, service, or other sale;</text>
  </paragraph>
  <paragraph num="N.">
    <text>Establish and periodically review eligibility policies or guidelines for participating Employment Works Program community service providers and individual-with-disability-owned businesses;</text>
  </paragraph>
  <paragraph num="O.">
    <text>Maintain a current list of Employment Works Program community service providers and individual-with-disability-owned businesses;</text>
  </paragraph>
  <paragraph num="P.">
    <text>Periodically review and revise the list of Employment Works Program community service providers and individual-with-disability-owned businesses, and send any revised list to the Chief Procurement Officer, who shall make the list available to each person responsible for buying supplies or services for the State or a State aided or controlled entity;</text>
  </paragraph>
  <paragraph num="Q.">
    <text>Maintain current lists of supplies, services, or other sales that Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and Employment Works Program community service providers and individual-with-disability-owned businesses provide;</text>
  </paragraph>
  <paragraph num="R.">
    <text>Periodically review and revise the lists of supplies, services, or other sales maintained in accordance with §Q of this regulation, and send any revised list to the Chief Procurement Officer, who shall make the lists available to each person responsible for buying supplies or services for the State or a State aided or controlled entity; and</text>
  </paragraph>
  <paragraph num="S.">
    <text>Review a request for and, if in the State’s interest, grant a waiver to a requested State or State-aided or controlled entity if either of the following conditions apply, in accordance with State Finance and Procurement Article, §14–103(d)(1), Annotated Code of Maryland:</text>
    <paragraph num="(1)">
      <text>The price of the needed supplies and services is at least 10 percent above market rates for similar supplies and services; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The time at which the needed supplies and services would be delivered does not meet the entity's needs.</text>
    </paragraph>
  </paragraph>
</regulation>