<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 21.11.05.07" title_num="21" subtitle_num="11" chapter_num="05" heading="Responsibilities of Procurement Agencies.">
  <paragraph num="A.">
    <text>General Purchasing Requirements.</text>
    <paragraph num="(1)">
      <text>Except as provided in §B of this regulation, each procurement agency shall procure available supplies and services from a selling entity in accordance with this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a selling entity's price for needed services or supplies exceeds the funds available for the procurement, the procurement agency shall attempt to negotiate an acceptable price with the selling entity.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>To the extent practicable, a State unit or State aided or controlled entity shall include in a maintenance contract that has a component for housekeeping or janitorial services, a requirement that a prime contractor procure janitorial products from Blind Industries and Services of Maryland if the specified products are made, manufactured, remanufactured, or assembled by Blind Industries and Services of Maryland and are available.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Exceptions. A procurement agency is not required to obtain a supply or service from a selling entity if:</text>
    <paragraph num="(1)">
      <text>The selling entity is unable to:</text>
      <paragraph num="(a)">
        <text>Furnish the needed supply or service within a reasonable time, or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Meet the procurement agency's reasonable specifications for the supply or service;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Pricing and Selection Committee for Preferred Providers deems the selling entity’s price for the supply or service to exceed its fair market price;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The cost of procuring a supply or service from a selling entity in accordance with the procurement agency's specifications as approved by the appropriate control authority would exceed the budgetary allowance for the procurement;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The procurement is an emergency procurement under COMAR 21.05.06; or</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The needed supply or service is not included in the master list.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Supplies and Services.</text>
    <paragraph num="(1)">
      <text>Regardless of quantity needed, a procurement agency shall procure from a selling entity its requirements for supplies and services included in the master list unless exempted under §B of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a supply or service is listed as available from more than one selling entity and no ordering priority is otherwise specified in the master list, the procurement agency shall, subject to §C(3) of this regulation, obtain that supply or service from a selling entity in accordance with the following order of priority:</text>
      <paragraph num="(a)">
        <text>Maryland Correctional Enterprises;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Blind Industries and Services of Maryland;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Employment Works Program.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A selling entity that is unable to furnish a supply or perform a service within the time required by, or in accordance with the reasonable specifications of, a procurement agency will be deemed to have relinquished its priority under §C(2) of this regulation for that procurement to the selling entity next in order of priority.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The procurement agency shall document actions taken under §C(3) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Estimates of Purchases. A procurement agency shall notify at least annually the Pricing and Selection Committee for Preferred Providers of the procurement agency’s forecast of recurring purchases during the next fiscal year of those supplies and services included in the master list.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Unless bids or offers are needed to establish the fair market price for a supply or service, a procurement agency shall first survey in the order set forth in §C(2) or D(2) of this regulation, as appropriate, the interests of the selling entities in providing the needed supply or service before issuing a solicitation for the procurement.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Disputes. A procurement agency shall promptly notify the Secretary of General Services or designee of any dispute with a selling entity concerning supplies or services.</text>
  </paragraph>
</regulation>