Current through Register Vol. 51, No. 19, September 20, 2024
A. Only
human, social, or educational services may be procured by this
method.
B. The noncompetitive
negotiated procurement method may be used if:
(1) The procurement officer, with the
approval of the agency head, determines that two or more sources for the
services are available but that, because of the absence of effective
competition, it is unreasonable to expect those sources to respond to an
invitation for bids under COMAR 21.05.02 or request for proposals under COMAR
21.05.03.
(2) The procurement is to
obtain one of the following services:
(a) An
employer in a program of on the job training for employment and training
purposes;
(b) Group foster care
services for children or adults under a negotiated rate system adopted by
regulation; or
(c) The following
services for the mentally ill:
(i)
Residential rehabilitation services,
(ii) Community rehabilitation services
(psychosocial), or (in) Therapeutic group home services for children and
adolescents.
C. Public Notice.
(1) At least 10 days before general
expressions of interest are due, the procurement agency shall give public
notice of its general requirements for services and request interested service
providers to respond with written general expressions of interest.
(2) Public notice of any request for
expressions of interest shall:
(a) Be sent to
known potential providers; and
(b)
Be sent to interested advocacy organizations.
(3) If the procurement agency expects that
any contract may exceed $25,000, the request for general expressions of
interest shall so state and shall be published in eMaryland
Marketplace.
D. As a
need for the services arises, the procurement officer may:
(1) Conduct discussions with one or more
responsible service providers that previously submitted an expression of
interest; and
(2) Award a contract
to a provider if the procurement agency head, on the basis of discussions or
past experience with the provider, determines that an award will be in the
State's best interest.
E. As far as practicable in the course of a
particular noncompetitive negotiated procurement, the procurement officer shall
give responsible service providers that submitted acceptable or potentially
acceptable expressions of interest fair and equal treatment with respect to
discussions.
F. Notice of any
award, regardless of amount, under this regulation shall be published in
eMaryland Marketplace.
