Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS
Chapter 21.05.10 - Construction Management at Risk
Section 21.05.10.05 - Trade Contracts

Universal Citation: MD Code Reg 21.05.10.05

Current through Register Vol. 51, No. 19, September 20, 2024

A. The construction manager assumes all risk for the cost, schedule, and performance of the trade contracts.

B. Trade contracts may be procured concurrently or over the life of the project.

C. The construction manager or procurement unit shall send the solicitation notice for trade proposals to the Governor's Office of Minority Affairs and publish the notice in a newspaper of general circulation near the project, or Internet media, or both, at least 14 days before trade proposals are due. If the construction manager restricts trade proposals to prequalified contractors, the solicitation notice shall include information on the prequalification process.

D. The procurement agency shall publish notice of the project, contact information of the construction manager, and general information on trade proposal solicitation on its website and eMaryland Marketplace.

E. The construction manager may, subject to approval by the procurement officer, select trade contractors based on evaluation factors other than low bid, including, but not limited to, MBE participation, past performance, and special qualifications.

F. The construction manager shall comply with the State's Nondiscrimination Clause as provided in State Finance and Procurement Article, § 13-219, Annotated Code of Maryland, and the Commercial Nondiscrimination Policy as provided in State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

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