<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 21.11.15.03" title_num="21" subtitle_num="11" chapter_num="15" heading="Location of Performance of Services.">
  <paragraph num="A.">
    <text>In this regulation, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Services” has the meaning stated in COMAR 21.01.02.01B and includes:</text>
      <paragraph num="(a)">
        <text>Construction-related services;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Architectural services;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Engineering Services; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Energy performance contracts.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>“Substantially less quality” means not in compliance with applicable performance standards.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Unreasonable amount” means more than 5 percent over the lowest financial proposal or bid offering services provided outside the United States.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>This regulation applies to services contracts with an estimated value of $2,000,000 or more.</text>
  </paragraph>
  <paragraph num="D.">
    <text>In response to a solicitation issued by a public employer for services as defined in §B(1) of this regulation, a bidder or offeror shall disclose to the public employer:</text>
    <paragraph num="(1)">
      <text>Whether the bidder or offeror or any proposed subcontractor has plans, at the time the bid or proposal is submitted, to perform any services required under the contract outside the United States; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If services required under the contract are anticipated to be performed outside the United States;</text>
      <paragraph num="(a)">
        <text>Where the services will be performed; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The reason why it is necessary or advantageous to perform the services outside the United States.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Except as provided in §F of this regulation, a public employer may not knowingly contract for architectural services, engineering services, construction-related services, or energy performance services unless the services are to be provided in the United States.</text>
  </paragraph>
  <paragraph num="F.">
    <text>A public employer may contract for services listed in §E of this regulation that are provided outside the United States if:</text>
    <paragraph num="(1)">
      <text>The services are not available in the United States;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The price of the services in the United States exceeds by an unreasonable amount the price of services provided outside the United States; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The quality of services in the United States is substantially less than the quality of comparably-priced services provided outside the United States.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify to the public employer whether the offered services are provided in the United States. If a bid or proposal offers services that are provided in the United States and outside the United States, the bid or proposal shall distinguish which services are provided in the United States.</text>
  </paragraph>
</regulation>