# COMAR Title 21 — State Procurement Regulations

## Subtitle 13 — Procurement Reporting Requirements

### Chapter 01 — Reporting Requirements

**Authority:** :Election Law Article, §§14-101 and 14-107; State Finance and Procurement Article, §§12-101, 13-207, 14-305, 14-505, 15-110, 15-111, and 17-104; Annotated Code of Maryland

**Administrative History:** Effective date: July 1, 1981 (8:13 Md. R. II-5)

**Administrative History:** Regulations .01B, .02, .03 and .04A amended as an emergency provision effective July 1, 1982 (9:15 Md. R. 1508); emergency status extended at 9:16 Md. R. 1601, 9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1982)

**Administrative History:** Regulations .01B, .02, and .04 amended effective May 6, 1985 (12:9 Md. R. 817)

**Administrative History:** Regulation .01B, C amended effective April 7, 2008 (35:7 Md. R. 751)

**Administrative History:** Regulations .01—.03, .06 amended effective January 9, 1989 (15:27 Md. R. 3138)

**Administrative History:** Regulation .01 amended effective June 29, 2020 (47:13 Md. R. 643); September 5, 2022 (49:18 Md. R. 819)

**Administrative History:** Regulation .02 amended effective April 7, 2008 (35:7 Md. R. 751); September 5, 2022 (49:18 Md. R. 819)

**Administrative History:** Regulation .03 amended effective October 18, 1999 (26:21 Md. R. 1631); July 4, 2005 (32:13 Md. R. 1117); March 12, 2007 (34:5 Md. R. 562); June 29, 2020 (47:13 Md. R. 643); September 5, 2022 (49:18 Md. R. 819)

**Administrative History:** Regulation .03A amended effective July 15, 2019 (46:14 Md. R. 623)

**Administrative History:** Regulation .03A, B amended effective April 29, 2024 (51:8 Md. R. 369)

**Administrative History:** Regulation .03B amended effective March 3, 2025 (52:4 Md. R. 221)

**Administrative History:** Regulation .03D adopted effective March 3, 2025 (52:4 Md. R. 221)

**Administrative History:** Regulation .04 repealed effective February 23, 2009 (36:4 Md. R. 355)

**Administrative History:** Regulation .07 amended effective June 29, 2020 (47:13 Md. R. 643)

**Administrative History:** Regulations .08 and .09 adopted effective January 9, 1989 (15:27 Md. R. 3138)

**Administrative History:** Regulation .08 amended effective April 7, 2008 (35:7 Md. R. 751); September 5, 2022 (49:18 Md. R. 819); September 18, 2023 (50:18 Md. R. 800)

**Administrative History:** Regulation .09 amended effective April 7, 2008 (35:7 Md. R. 751); June 29, 2020 (47:13 Md. R. 643)

**Administrative History:** Regulation .10 adopted effective March 13, 2006 (33:5 Md. R. 523)

**Administrative History:** Regulation .10 amended effective April 28, 2014 (41:8 Md. R. 473)

**Administrative History:** Regulation .11 adopted as an emergency provision effective March 31, 2007 (34:9 Md. R. 824); adopted permanently effective July 16, 2007 (Md. R. 1246)

**Administrative History:** Regulation .11 repealed effective March 16, 2015 (42:5 Md. R. 488)

**Administrative History:** Regulation .11A amended effective February 23, 2009 (36:4 Md. R. 355)

**Administrative History:** Regulation .12 adopted effective February 23, 2009 (36:4 Md. R. 355)

**Administrative History:** Regulation .12 repealed effective March 16, 2015 (42:5 Md. R. 488)

**Administrative History:** Regulation .13 adopted effective August 23, 2010 (37:17 Md. R. 1186)

**Administrative History:** Regulation .14 adopted effective March 5, 2012 (39:4 Md. R. 338)

**Administrative History:** Regulation .14A amended effective March 16, 2015 (42:5 Md. R. 488)

**Administrative History:** Regulation .14B amended effective September 18, 2023 (50:18 Md. R. 800)

**Administrative History:** Regulation .15 adopted effective July 23, 2012 (39:14 Md. R. 839)

**Administrative History:** Regulation .15 amended effective April 29, 2024 (51:8 Md. R. 369)

**Administrative History:** Regulation .16 adopted effective April 28, 2014 (41:8 Md. R. 473)

**Administrative History:** Regulation .17 adopted effective March 11, 2019 (46:5 Md. R. 310)

**Administrative History:** Regulation .18 adopted effective September 18, 2023 (50:18 Md. R. 800)

#### Regulation .01 Sole Source, Emergency, and Expedited Procurement Reports.

*COMAR 21.13.01.01*

A. Requirements. The procedures for approval and reporting the award of a contract under sole source, emergency, or expedited situations are provided under COMAR 21.05.05 when there is only one source and COMAR 21.05.06 for all emergency and expedited procurements except for certain architectural services and engineering services which are governed by COMAR 21.12.02.

B. Annual Report of Sole Source, Emergency, and Expedited Procurements. Each Department shall prepare and submit an annual written report within 60 days following the close of the fiscal year to the Chief Procurement Officer of contracts awarded during the preceding fiscal year under sole source, emergency, or expedited procurement procedures (COMAR 21.05.05 and 21.05.06), whether the procurement was conducted by the Department or subject to review by the Department. The report shall, at a minimum:

  (1) Name each contractor;

  (2) State the amount and type of each contract;

  (3) Describe the supplies, services, maintenance, construction, or construction-related services procured or real property leased;

  (4) Describe the basis for the award;

  (5) Identify the Department or agency that awarded the contract;

  (6) Identify any agency official required to authorize the contract for award;

  (7) State the award date of the procurement contract and the final date of the contract term;

  (8) State the date the contract award notice was posted to eMaryland Marketplace; and

  (9) For procurements awarded under the emergency procurement method:

    (a) State the number of days between the agency declaration of an emergency procurement and the contract award date;

    (b) State the date of the emergency declaration; and

    (c) The date the award was reported to the Board.

C. The Chief Procurement Officer shall submit to the Governor, the Legislative Policy Committee, the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, the House Health and Government Operations Committee, and the Joint Audit and Evaluation Committee a consolidated report that includes each report required under §B of this regulation within 90 days following the close of the fiscal year. A report to the General Assembly or a committee of the General Assembly under this regulation is subject to State Government Article, §2-1257, Annotated Code of Maryland.

#### Regulation .02 Annual Report of Service Contracts Exceeding $100,000 in Value.

*COMAR 21.13.01.02*

A. Each Department shall prepare and submit an annual written report within 60 days following the close of the fiscal year to the Chief Procurement Officer of contracts for services, construction-related services, architectural services, and engineering services that exceed $100,000 during the preceding fiscal year, whether the procurement was conducted by the Department or subject to review by the Department. The report shall, at a minimum:

  (1) Name each contractor;

  (2) State the amount and type of each contract; and

  (3) Describe the work procured.

B. The Chief Procurement Officer shall submit to the Governor, the Legislative Policy Committee, the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, the House Health and Government Operations Committee, and the Joint Audit and Evaluation Committee a consolidated report that includes each report required under §A of this regulation within 90 days following the close of the fiscal year. A report to the General Assembly or a committee of the General Assembly under this regulation is subject to State Government Article, §2-1257, Annotated Code of Maryland.

#### Regulation .03 Reports of the Small Business Reserve Program.

*COMAR 21.13.01.03*

A. Each procurement unit shall submit an expenditure plan on the small business reserve program as set forth in COMAR 21.11.01.06D to the Governor's Office of Small, Minority & Women Business Affairs within 60 days after enactment of the annual budget bill by the General Assembly. The format of the expenditure plan shall be determined by the Governor's Office of Small, Minority & Women Business Affairs.

B. Each procurement unit shall submit a report on the small business reserve program to the Governor’s Office of Small, Minority & Women Business Affairs within 90 days after the end of each fiscal year, in a format determined by the Governor’s Office of Small, Minority & Women Business Affairs, that includes at a minimum:

  (1) The total number and the dollar value of awards the unit made to certified small businesses under contracts designated as small business reserve contracts;

  (2) The total number and the dollar value of awards the unit made to certified small businesses under contracts not designated as small business reserve contracts, including purchase card procurements;

  (3) The total dollar value of awards the unit made under procurement contracts; and

  (4) Other information required by the Governor's Office of Small, Minority & Women Business Affairs.

C. By December 31 of each year, the Governor's Office of Small, Minority & Women Business Affairs shall summarize the information required in §D of this regulation and report to the Board of Public Works and, subject to State Government Article, §2-1257, Annotated Code of Maryland, the Legislative Policy Committee.

D. On or before December 1 each year, the certification agency designated under State Finance and Procurement Article, §14-303b, Annotated Code of Maryland, in consultation with the Governor's Office of Small, Minority & Women Business Affairs, shall submit to the Board of Public Works and, subject to State Government Article, §2–1257, Annotated Code of Maryland, to the Legislative Policy Committee a report on:

  (1) The status of the outreach program required under State Finance and Procurement Article, §14-504.1, Annotated Code of Maryland; and

  (2) The total number and dollar value of awards made to small businesses owned by economically disadvantaged individuals under designated small business reserve contracts.

#### Regulation .04 Repealed.

*COMAR 21.13.01.04*

#### Regulation .05 Annual Summary Report of Property Leased to the State.

*COMAR 21.13.01.05*

The Secretary of General Services shall prepare and submit annually to the General Assembly a written report summarizing all new and renewal leasehold property agreements between State agencies and commercial landlords (Joint Chairmen's Report).

#### Regulation .06 Retention and Availability of Reports.

*COMAR 21.13.01.06*

The reports required under this subtitle shall be retained for a period of at least 3 years and shall be made available to the general public only as provided by State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

#### Regulation .07 Reporting of Protests and Contract Disputes.

*COMAR 21.13.01.07*

Each procurement officer shall prepare and submit a written report to the procurement officer’s respective agency head concerning all protests and contract disputes. The frequency of this report shall be determined by the procurement agency. The report shall, at a minimum:

A. Name each bidder/contractor;

B. State the amount/estimate and type of each contract; and

C. Indicate the reasons for any time extensions in resolving a protest or contract dispute.

#### Regulation .08 Report of Contracts Performed Outside of the State.

*COMAR 21.13.01.08*

Each department shall prepare and submit an annual report within 90 days following the close of the fiscal year to the Governor and, subject to State Government Article, §2-1257, Annotated Code of Maryland, to the General Assembly of each procurement contract within its jurisdiction awarded during the preceding fiscal year that was exempt from the notice requirements of State Finance and Procurement Article, §§13-103(c) and 13-104(c), Annotated Code of Maryland, because the procurement contract reasonably was expected to be performed entirely outside the State or the District of Columbia. The report shall, at a minimum, include:

A. The name of each contractor;

B. The amount and type of each contract;

C. A description of the procurement; and

D. The basis of the award and reasons why the contract required performance outside the State or the District of Columbia.

#### Regulation .09 Report of Noncompetitive Negotiated Procurements.

*COMAR 21.13.01.09*

The Department of General Services shall prepare and submit an annual report within 90 days following the close of the fiscal year to the Board and, subject to State Government Article, §2-1257, Annotated Code of Maryland, to the General Assembly, of each class of procurement for which the noncompetitive negotiated procurement method has been approved. The report shall describe the reason for approving the use of that methodology for each class.

#### Regulation .10 Procurement Policies and Procedures.

*COMAR 21.13.01.10*

A. Each State agency not governed by its own board, commission, council or authority that is required to report to the Board under State Finance and Procurement Article, §12-401, Annotated Code of Maryland, shall submit written procurement policies and procedures to the Board annually within 60 days following the close of the fiscal year. State agencies governed by their own board, commission, council, or authority shall submit the policies and procedures to the board, commission, council, or authority for approval. In fiscal years following the initial submission of the procurement policies and procedures, State agencies shall report only changes to the policies and procedures annually, unless the Board directs otherwise.

B. This regulation does not apply to agreements that are excluded from the definition of procurement contract in COMAR 21.01.02.01B.

#### Regulation .11 Individual Surety Report — Repealed

*COMAR 21.13.01.11*

#### Regulation .12 Report on Unsolicited Proposal Outreach — Repealed

*COMAR 21.13.01.12*

#### Regulation .13 Report on Project Delivery Methods.

*COMAR 21.13.01.13*

A. On or before December 1 of each year, each agency procuring construction shall report to the Board of Public Works on the use of the design-build and construction management at risk project delivery methods for the prior fiscal year.

B. The report format shall be determined by the Board of Public Works.

#### Regulation .14 Report on Green Purchasing.

*COMAR 21.13.01.14*

A. On or before September 1 of each year, each procurement agency shall report to the Department of General Services on the agency’s procurement of environmentally preferable products and services during the preceding fiscal year, including the types and quantities of products and services procured. The report format shall be determined by the Department of General Services.

B. Green Purchasing Committee. On or before October 1 of each year, the Maryland Green Purchasing Committee, as established in State Finance and Procurement Article, §14-410, Annotated Code of Maryland, shall report to the General Assembly on the Committee’s activities and the progress made on the implementation of the Green Maryland Act of 2010. The report is subject to State Government Article,  §2-1257, Annotated Code of Maryland.

#### Regulation .15 Report on Veteran-Owned Small Business Participation.

*COMAR 21.13.01.15*

A. On or before October 1 of each year, each procurement unit shall report to the Governor's Office of Small, Minority & Women Business Affairs on the number and amount of contracts awarded to VSBEs and the effectiveness of the VSBE program, in accordance with COMAR 21.11.14.06.

B. The report format shall be determined by the Governor's Office of Small, Minority & Women Business Affairs.

#### Regulation .16 Preferred Provider Reports.

*COMAR 21.13.01.16*

A. Within 60 days after enactment of the State budget bill by the General Assembly, each unit and State aided or controlled entity shall report to the Department of General Services on the forecasted expenditures and contracts for the upcoming fiscal year. The report format shall be determined by the Department of General Services.

B. Within 90 days after the end of each fiscal year, a unit or State aided or controlled entity shall submit a report to the Department of General Services on the contracts awarded and payments made to preferred providers. The report format shall be determined by the Department of General Services.

C. Within 60 days after receipt of the reports required under State Finance and Procurement Article, §14-110(c)—(d), Annotated Code of Maryland, the Department of General Services shall provide a summary report to the:

  (1) Board of Public Works;

  (2) Senate Education, Health, and Environmental Affairs Committee;

  (3) House Health and Government Operations Committee; and

  (4) Legislative Policy Committee.

#### Regulation .17 State Board of Elections Report.

*COMAR 21.13.01.17*

A. Definition.

  (1) In this regulation, the following term has the meaning indicated.

  (2) Defined Term — Doing Public Business.

    (a) “Doing public business” means making or having a single contract with a single governmental entity involving cumulative consideration of at least $200,000.

    (b) “Doing public business” does not include receiving a salary from a governmental entity.

B. Each governmental entity shall prepare and submit a quarterly report to the State Board of Elections within 10 Business Days following the close of each calendar quarter on a form provided by the State Board of Elections, pursuant to Election Law Article §14-107, Annotated Code of Maryland. The report shall include the required information for any person that was awarded a contract that caused the person to be doing public business with the governmental entity during the preceding calendar quarter.

#### Regulation .18 Report on Cybersecurity Infrastructure Procurements.

*COMAR 21.13.01.18*

On or before December 1 of each year, the Department of General Services shall submit a report to the Board of Public Works on procurements made under COMAR 21.02.01.04B(10) that shall include for each procurement:

A. The purposes of the procurement;

B. The name of the contractor;

C. The contract amount;

D. The method of procurement utilized;

E. The number of bidders who bid on the procurement; and

F. The contract term.