# COMAR Title 21 — State Procurement Regulations

## Subtitle 11 — Socioeconomic Policies

### Chapter 07 — Miscellaneous Purchasing Preferences

**Authority:** State Finance and Procurement Article, §§12-101, 14-401—14-403, 14-405, and 14-407,Annotated Code of Maryland; Ch. 593, Acts of 2010; Ch. 314, Acts of 2011

**Administrative History:** Effective date: January 9, 1989 (15:27 Md. R. 3138)

**Administrative History:** Regulation .01B amended effective June 6, 1994 (21:11 Md. R. 953); October 18, 1999 (26:21 Md. R. 1631); May 26, 2003 (30:10 Md. R. 668); April 11, 2005 (32:7 Md. R. 685); March 5, 2012 (39:4 Md. R. 338 - two actions); May 13, 2013 (40:9 Md. R. 789); April 28, 2014 (41:8 Md. R. 473); March 16, 2015 (42:5 Md. R. 488)

**Administrative History:** Regulation .02 amended effective October 12, 1996 (23:20 Md. R. 1425)

**Administrative History:** Regulation .03 amended effective June 6, 1994 (21:11 Md. R. 953)

**Administrative History:** Regulation .03A amended effective February 7, 2011 (38:3 Md. R. 152)

**Administrative History:** Regulation .05 recodified to Regulation .06 and new Regulation .05 adopted effective June 6, 1994 (21:11 Md. R. 953)

**Administrative History:** Regulation .05 repealed effective March 16, 2015 (42:5 Md. R. 488)

**Administrative History:** Regulation .05A amended effective November 7, 2005 (32:22 Md. R. 1759); April 7, 2008 (35:7 Md. R. 751)

**Administrative History:** Regulation .07 adopted effective May 26, 2003 (30:10 Md. R. 668)

**Administrative History:** Regulation .08 adopted effective March 12, 2007 (34:5 Md. R. 562)

**Administrative History:** Regulation .09 adopted effective March 5, 2012 (39:4 Md. R. 338)

**Administrative History:** Regulation .09 amended effective March 16, 2015 (42:5 Md. R. 488)

**Administrative History:** Regulation .10 adopted effective March 5, 2012 (39:4 Md. R. 338)

**Administrative History:** Regulation .11 adopted effective March 5, 2012 (39:4 Md. R. 338)

**Administrative History:** Regulation .12 adopted effective March 5, 2012 (39:4 Md. R. 338)

**Administrative History:** Regulation .12 repealed effective April 28, 2014 (41:8 Md. R. 473)

**Administrative History:** Regulation .13 adopted effective May 13, 2013 (40:9 Md. R. 789)

**Administrative History:** Regulation .13 amended effective April 28, 2014 (41:8 Md. R. 473)

**Administrative History:** Regulation .14 adopted effective April 28, 2014 (41:8 Md. R. 473)

#### Regulation .01 Definitions.

*COMAR 21.11.07.01*

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

  (1) “Environmentally preferable product or service” means a product or service that, throughout the full life cycle of the product or service:

    (a) Is energy efficient, water efficient, biobased, non-ozone depleting, made with recycled content or nontoxic; or

    (b) Has other attributes recognized as environmentally preferable by the Maryland Green Purchasing Committee.

  (2) “Environmentally preferable purchasing” means the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose, based on the raw materials, manufacturing, packaging, distribution, use, reuse, operation, maintenance, and disposal of the goods or services.

  (3) “EPEAT” means the electronic product environmental assessment tool.

  (4) “Equipment” has the meaning stated in COMAR 21.01.02.01.

  (5) “Lamp” means the component of a luminaire that produces the light.

  (6) “Lumen” means a unit of measurement of luminous flux.

  (7) “Luminaire” means the complete lighting unit, including the lamp or other component that produces light and the assembly that holds the lamp, including an assembly housing, a mounting bracket

  (8) “Maryland firm” means a business entity that has its principal office or base of operations in the State.

  (9) “Nonresident firm” means a business entity that has its principal office or base of operations outside this State.

  (10) “Post consumer material” means only those products generated by businesses or consumers which have served their intended uses, and which have been separated or diverted from waste destined for disposal for the purpose of collection for recycling or reuse.

  (11) “Product” means goods created by an industrial process or natural means, by hand or with tools, chemical processes, machinery or the like which includes equipment, motor vehicles, and information technology equipment, both hardware and software.

  (12) “Recycled paper” means a paper product at least 80 percent of the total weight of which consists of the product of a manufacturing process that:

    (a) Has converted a raw material into a valuable commodity; and

    (b) Includes a total gross content of post-consumer material of at least 80 percent.

  (13) “Restricted uplight luminaire” means a luminaire that:

    (a) Except for a 0.5 percent maximum incidental uplight from reflection off mounting hardware, allows no direct light emission above a horizontal plane through the luminaire’s lowest lightemitting part; and

    (b) Emits no more than 10 percent of the total direct light emission at or above a vertical angle of 80 degrees.

#### Regulation .02 Reciprocal Preference—Resident Bidders/Offerors.

*COMAR 21.11.07.02*

Reciprocal preferences shall be in accordance with COMAR 21.05.01.04.

#### Regulation .03 Recycled Paper Purchases.

*COMAR 21.11.07.03*

A. Of the total volume of paper that the Secretary of General Services buys, at least 90 percent shall be recycled paper.

B. In purchasing any paper or paper products as supplies for any using agency pursuant to State Finance and Procurement Article, Title 4, Subtitle 3, Annotated Code of Maryland, the Secretary of General Services, to the fullest extent practicably possible, shall purchase or approve for purchase only such supplies as are manufactured or produced from recycled paper.

C. If recycled paper that meets the definition set forth in Regulation .01B(7) of this chapter is unavailable, then for purposes of complying with the requirements of this chapter, the Department of General Services and other State agencies may purchase recycled paper and paper products that have the highest percentage of post-consumer material that, at minimum, meets EPA guidelines, provided that reasonable levels of competition, cost, availability, and technical performance are maintained.

#### Regulation .04 Low Noise Supplies.

*COMAR 21.11.07.04*

A. All units of State government shall acquire by purchase or lease, to the greatest extent practicable, the quietest available supplies.

B. Supplies certified by the Administrator of the United States Environmental Protection Agency as “low noise emission products” pursuant to §15 of the Noise Control Act of 1972 shall be considered to meet the intent of this regulation.

#### Regulation .05 Price Preference for Recycled Materials — Repealed

*COMAR 21.11.07.05*

#### Regulation .06 Determinations.

*COMAR 21.11.07.06*

Whenever the provisions of this chapter cannot be satisfied, the procurement officer shall:

A. Make a determination, subject to the approval of the agency head, that explains or justifies the need to make a procurement which does not satisfy the requirements of this chapter; and

B. Retain that determination in the contract file for at least 3 years.

#### Regulation .07 Mercury and Products that Contain Mercury.

*COMAR 21.11.07.07*

A. All procurement agencies shall give a preference under this regulation to procuring products and equipment that are mercury-free. If mercury-free products and equipment that meet the agency's product performance requirements are not commercially available, the procurement agency shall give preference under this regulation to products containing the least amount of mercury necessary to meet performance requirements.

B. Procurement solicitations for products that may contain mercury shall give a price preference not exceeding 5 percent to bids or proposals for products that are mercury free or, if the procurement solicitation states, to products containing the least amount of mercury. A procurement officer:

  (1) Shall specify in any specific procurement solicitation, a price preference not exceeding 5 percent; and

  (2) May limit competition in any specific procurement solicitation to only mercury-free products.

C. Notice of the requirements under §B of this regulation shall be included in procurement solicitations if mercury is known to be a likely component of the products being procured.

D. The head of a procurement agency or designee may determine that the price preference in §B of this regulation is not in the best interest of the State. If the head of a procurement agency or designee makes this determination, the procurement agency shall provide an alternative preference for products that are mercury free or for products containing the least amount of mercury.

E. In all written and electronic procurements where mercury is a component of the products being offered, bidders and offerors shall certify the mercury content of offered products to be eligible for the preference. The mercury affidavit in COMAR 21.05.08.09 may be used for this certification.

#### Regulation .08 Locally Grown Foods.

*COMAR 21.11.07.08*

A. “Locally grown food” means food grown in Maryland.

B. State schools and facilities shall give a preference under this regulation to procuring locally grown food.

C. State schools and facilities shall include in procurement solicitations a price preference not exceeding 5 percent to bids or proposals for locally grown food. A procurement officer:

  (1) Shall specify in any specific procurement solicitation a price preference not exceeding 5 percent; and

  (2) May limit competition in any specific procurement solicitation to only locally grown foods.

D. A price preference under this regulation cannot be used in conjunction with any other preference established in this chapter.

#### Regulation .09 Environmentally Preferable Purchasing.

*COMAR 21.11.07.09*

A. All procurement agencies shall purchase environmentally preferable products and services unless purchasing environmentally preferable products and services would limit or supersede any requirements under any provision of law or result in the purchase of products and services that:

  (1) Do not perform adequately for the intended use;

  (2) Exclude adequate competition; or

  (3) Are not available at a reasonable price in a reasonable period of time.

B. Designations.

  (1) The Maryland Green Purchasing Committee as established in State Finance and Procurement Article, §14-410, Annotated Code of Maryland, shall designate a single point of contact to advise State agencies, suppliers, and other interested parties on environmentally preferable purchasing issues.

  (2) The head of each procurement agency shall designate an employee to be responsible for annually reviewing agency specifications currently used by the unit and, to the extent practicable:

    (a) Adopt the environmentally preferable specifications established by the Maryland Green Purchasing Committee in §C of this regulation; and

    (b) Revise the unit’s procurement specifications in accordance with State Finance and Procurement Article, §14-410, Annotated Code of Maryland.

C. Environmentally Preferable Purchasing Specifications.

  (1) Publish and maintain, in electronic format available to the procurement agencies on the Department of General Services website, environmentally preferable specifications for products and services; and

  (2) Periodically review and update the specifications to ensure the State is purchasing appropriate environmentally preferable products and services.

#### Regulation .10 Compost.

*COMAR 21.11.07.10*

A State or local unit responsible for the maintenance of public lands in the State, to the maximum extent practicable, shall give preference to the use of compost in any land maintenance activity that is publicly funded.

#### Regulation .11 Energy Efficient Outdoor Lighting Fixtures.

*COMAR 21.11.07.11*

A. If State funds are used to install or replace a permanent outdoor luminaire for lighting on the grounds of any building or facility owned or leased by the State or a unit of the State, procurement specifications shall require that:

  (1) Design of the luminaire maximizes energy conservation and minimizes light pollution, glare, and light trespass;

  (2) Illumination produced by the luminaire is the minimum illumination necessary for the intended purpose of the lighting; and

  (3) For a luminaire with an output of more than 1,800 lumens, the luminaire is a restricted uplight luminaire.

B. Waiver.

  (1) Except as provided in §B(4) of this regulation, the Secretary of General Services, the Secretary of Transportation, or the Chancellor of the University System of Maryland, or their designees, may waive the requirement of §A(3) of this regulation if they determine that a waiver is necessary for the lighting application.

  (2) A waiver request shall include:

    (a) A description of the lighting plan;

    (b) A description of the efforts made to comply with the requirements of this regulation; and

    (c) The reason a waiver is necessary.

  (3) In considering a waiver request, the Secretary of General Services, the Secretary of Transportation, or the Chancellor of the University System of Maryland shall consider design safety, costs, and any other factors determined to be appropriate.

  (4) A waiver request for a State building or facility owned or leased by an agency other than the Department of General Services, the Department of Transportation, or the University System of Maryland shall require Board of Public Works approval. A waiver request made to the Board of Public Works shall comply with §B(2) of this regulation.

C. Applicability. This regulation does not apply to a luminaire:

  (1) Located on the grounds of a correctional facility;

  (2) Required by federal regulation;

  (3) Required for storm operations activities performed by the Department of Transportation;

  (4) Required to illuminate the State flag or the flag of the United States;

  (5) Used for sign illumination; or

  (6) In a lighting plan where less than 25 percent of the luminaires are to be replaced.

#### Regulation .12 Repealed.

*COMAR 21.11.07.12*

#### Regulation .13 Purchasing Electronic Products.

*COMAR 21.11.07.13*

A. In this regulation, “Electronic Product” means a product covered by EPEAT or another comprehensive environmental rating system approved by the Department of Information Technology.

B. When purchasing an electronic product to be used by the State, a procurement agency shall purchase an electronic product that:

  (1) Is listed and rated silver or gold on the EPEAT registry; or

  (2) Meets nationally-recognized and consensus-based standards established by a comprehensive environmental rating system approved by the Department of Information Technology.

C. Waiver. The Secretary of Information Technology or designee may waive the requirement upon request by a procurement agency.

#### Regulation .14 Recycle Services — Electronic Products.

*COMAR 21.11.07.14*

A. In this regulation, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Certified e-Stewards recycler” means a recycler of electronic products that has successfully completed the e-Stewards certification program created by the Basel Action Network;

  (2) “Electronic product” means a product acceptable for recycling by:

    (a) A certified e-Stewards recycler;

    (b) An R2-certified recycler; or

    (c) A recycler of electronic products that meets nationally-recognized and consensus-based guidelines, standards, and systems for recycling that are approved by the Department of the Environment in consultation with the Department of General Services.

  (3) “R2-certified recycler” means a recycler of electronic products that is certified in the R2 practices standards that are maintained by R2 Solutions.

C. Beginning October 1, 2014, when procuring a services contract for electronic-products recycling, a State unit shall award the contract to a recycler of electronic products who:

  (1) Is R2 or e-Stewards certified; or

  (2) Meets nationally-recognized and consensus-based guidelines, standards, and systems for recycling that are approved by the Department of the Environment in consultation with the Department of General Services.