Current through Register Vol. 51, No. 19, September 20, 2024
B. The Department of
General Services. The Board hereby delegates authority to the Secretary of
General Services for the approval and award of the following procurement
contracts within the Department's jurisdiction:
(1) Capital construction contracts,
construction-related services contracts, information technology contracts,
including information processing equipment, cloud computing equipment and
associated services, and information technology system modernization, as
provided in State Finance and Procurement Article, Title 3.5, Subtitle 3,
Annotated Code of Maryland, telecommunication equipment systems or services as
provided in State Finance and Procurement Article, Title 3.5, Subtitle 4,
Annotated Code of Maryland, service contracts, architectural and engineering
contracts, maintenance contracts, contracts for rental vehicles supplied to
using agencies in accordance with COMAR
21.02.05.08, secondary competition
awards, renewal options, and modifications in accordance with COMAR
21.05.13.06, capital construction
change orders, capital construction-related service change orders, information
processing equipment and associated services change orders, cloud computing
services change orders, and information technology system and cybersecurity
upgrades change orders in accordance with State Finance and Procurement
Article, Title 3.5, Subtitle 3, in the amount of $200,000 or less;
(2) For any single item of equipment or
single equipment lease, equipment contracts and leases of equipment in the
amount of $200,000 or less, unless funded with general obligation bond proceeds
which must be approved by the Board regardless of amount;
(3) Contract modifications, excluding
construction contract change orders, that:
(a) Do not materially change the scope of the
original contract,
(b) Individually
do not change the amount of the contract, or any cost component of the
contract, by more than $50,000, or
(c) Exercise by a using agency a contract
option of $200,000 or less;
(4) Invoices necessary for the administration
of capital improvement contracts;
(5) All contracts for the purchase of
commodities and supplies, except for contracts for single items of equipment or
single equipment leases in an amount over $200,000;
(6) Contracts in the amount of $100,000 or less
resulting from sole source procurement;
(7) Contracts in the amount of $50,000 or
less resulting from competitive sealed bidding or competitive sealed proposals
procurements in which only one bid or offer was received;
(8) Leases for agency-supplied employee
housing;
(9) Purchasing, leasing,
and rental contracts for the acquisition of motor vehicles for use by State
officials and employees, pursuant to State Finance and Procurement Article,
Title 3, Subtitle 5, Annotated Code of Maryland;
(10) Procurements by the Department for the
purpose of modernizing cybersecurity infrastructure for the State valued below
$1,000,000; and
(11) Energy
Performance Contracts.
(a) A procurement
agency shall consult with the Department of General Services during the
development phase of a project that will require an energy performance
contract.
(b) Before issuing a
request for proposals for an energy performance contract, a procurement agency
shall consult with the Department of General Services and the Chief Procurement
Officer.
(c) The Department of
General Services shall review the proposed request to ensure that it meets with
the State energy standards and preserves the State's flexibility to investigate
and use economically justifiable new technologies.
(d) A procuring agency pursuing an energy
contract must receive final approval from the Department of General Services
before submitting the proposed contract to the Board of Public Works for
approval.
(e) Notwithstanding any
other provision of law and subject to the approval and control of the Board of
Public Works and the Chief Procurement Officer, a unit of State government is
authorized to enter into energy performance contracts of up to 30 years'
duration.
C.
The Department of Transportation.
(1) The
Board hereby delegates authority to the Secretary of Transportation and to the
Maryland Transportation Authority for the approval and award of the following
procurement contracts within their respective jurisdictions:
(a) Transportation-related construction
contracts and change orders in the amount of $200,000 or less;
(b) Capital construction-related service
contracts and change orders in the amount of $200,000 or less;
(c) Architectural and engineering contracts
in the amount of $200,000 or less;
(d) Maintenance contracts in the amount of
$200,000 or less;
(e) For any
single item of equipment or single equipment lease within the procurement
authority of the Secretary of Transportation or the Maryland Transportation
Authority, equipment contracts and leases of equipment in the amount of
$200,000 or less unless funded with general obligation bond proceeds, which
must be approved by the Board regardless of amount;
(f) Contract modifications, excluding
construction contract change orders, that:
(i) Do not materially change the scope of the
original contract,
(ii)
Individually do not change the amount of the contract, or any cost component of
the contract, by more than $50,000, or
(iii) Exercise a contract option of $200,000
or less;
(g) Contracts in
the amount of $100,000 or less resulting from sole source
procurement;
(h) Contracts in the
amount of $50,000 or less resulting from competitive sealed bidding or
competitive sealed proposals procurements in which only one bid or offer was
received;
(i) Supplies and services
for aeronautics-related activities; and
(j) Secondary competition awards, renewal
options, and modifications in accordance with COMAR
21.05.13.06 in the amount of
$200,000 or less.
(2) The
Secretary of Transportation and the Maryland Transportation Authority have
procurement and contracting authority for capital expenditure contracts in
connection with State roads, bridges, or highways.
E. The Treasurer. The Board hereby delegates
authority to the Treasurer for the approval and award of the following
procurement contracts within the Treasurer's jurisdiction:
(1) Banking, investment, and other financial
services contracts authorized by State Finance and Procurement Article, §
12-107,
Annotated Code of Maryland;
(2)
Contracts for insurance and insurance-related services obtained pursuant to
State Finance and Procurement Article, Title 9 and §12-107, Annotated Code
of Maryland.
F. Maryland
Port Commission. The Board hereby delegates authority to the Chairman of the
Maryland Port Commission for the approval and award of the following
procurement contracts within the Maryland Port Commission's jurisdiction:
(1) Construction contracts and change orders
for Port facilities in the amount of $200,000 or less;
(2) Construction-related service contracts
and change orders for Port facilities in the amount of $200,000 or
less;
(3) Port-related
architectural services and engineering services contracts in the amount of
$200,000 or less;
(4) Port-related
maintenance contracts in the amount of $200,000 or less;
(5) For any single item of equipment or
single equipment lease within the procurement authority of the Maryland Port
Commission, equipment contracts and leases of equipment in the amount of
$200,000 or less unless funded with general obligation bond proceeds, which
must be approved by the Board regardless of amount;
(6) Service contracts for the Maryland Port
Administration, including information technology services, but excluding
banking, insurance, and financial services, in the amount of $200,000 or
less;
(7) Contract modifications,
excluding construction contract change orders, that:
(a) Do not materially change the scope of the
original contract,
(b) Individually
do not change the amount of a contract, or any cost component of the contract,
by more than $50,000,
(c) Exercise
a contract option of $200,000 or less, or
(d) Change cargo and equipment handling rates
in stevedoring or terminal services contracts approved by the Board when the
contract modification, either individually or in combination with previous
contract modifications, does not change the price of the original contract by
more than 20 percent.
(8)
Contracts for the purchase by the Maryland Port Administration of commodities
and supplies:
(a) Including:
(i) Motor vehicles, and
(ii) Information technology supplies,
but
(b) Excluding:
(i) Insurance and insurance-related
services,
(ii) Commodities and
supplies funded by State general obligation bond proceeds;
(9) Contracts in the amount of
$100,000 or less resulting from sole source procurement;
(10) Contracts in the amount of $50,000 or
less resulting from competitive sealed bidding or competitive sealed proposals
procurements in which only one bid or offer was received; and
(11) Leases of real property for Port-related
activities having a value of $50,000 or less per year, and provided the lease
payments, in whole or in part, are not paid from the General Fund. (The real
property leases governed by this regulation shall be reported to the Board on
the Maryland Port Commission Procurement Agency Activity Report (PAAR) at the
earliest practicable time.)
I. A unit may not artificially divide a
procurement contract or contract modification to avoid obtaining Board
approval.