Current through Register Vol. 51, No. 19, September 20, 2024
A. General
Purchasing Requirements.
(1) Except as
provided in §B of this regulation, each procurement agency shall procure
available supplies and services from a selling entity in accordance with this
chapter.
(2) If a selling entity's
price for needed services or supplies exceeds the funds available for the
procurement, the procurement agency shall attempt to negotiate an acceptable
price with the selling entity.
(3)
To the extent practicable, a State unit or State aided or controlled entity
shall include in a maintenance contract that has a component for housekeeping
or janitorial services, a requirement that a prime contractor procure
janitorial products from Blind Industries and Services of Maryland if the
specified products are made, manufactured, remanufactured, or assembled by
Blind Industries and Services of Maryland and are
available.
B. Exceptions.
A procurement agency is not required to obtain a supply or service from a
selling entity if:
(1) The selling entity is
unable to:
(a) Furnish the needed supply or
service within a reasonable time, or
(b) Meet the procurement agency's reasonable
specifications for the supply or service;
(2) The Pricing and Selection Committee for
Preferred Providers deems the selling entity's price for the supply or service
to exceed its fair market price;
(3) The cost of procuring a supply or service
from a selling entity in accordance with the procurement agency's
specifications as approved by the appropriate control authority would exceed
the budgetary allowance for the procurement;
(4) The procurement is an emergency
procurement under COMAR 21.05.06; or
(5) The needed supply or service is not
included in the master list.
C. Supplies and Services.
(1) Regardless of quantity needed, a
procurement agency shall procure from a selling entity its requirements for
supplies and services included in the master list unless exempted under §B
of this regulation.
(2) If a supply
or service is listed as available from more than one selling entity and no
ordering priority is otherwise specified in the master list, the procurement
agency shall, subject to §C(3) of this regulation, obtain that supply or
service from a selling entity in accordance with the following order of
priority:
(a) Maryland Correctional
Enterprises;
(b) Blind Industries
and Services of Maryland;
(c) The
Employment Works Program.
(3) A selling entity that is unable to
furnish a supply or perform a service within the time required by, or in
accordance with the reasonable specifications of, a procurement agency will be
deemed to have relinquished its priority under §C(2) of this regulation
for that procurement to the selling entity next in order of priority.
(4) The procurement agency shall document
actions taken under §C(3) of this regulation.
D. Estimates of Purchases. A procurement
agency shall notify at least annually the Pricing and Selection Committee for
Preferred Providers of the procurement agency's forecast of recurring purchases
during the next fiscal year of those supplies and services included in the
master list.
E. Unless bids or
offers are needed to establish the fair market price for a supply or service, a
procurement agency shall first survey in the order set forth in §C(2) or
D(2) of this regulation, as appropriate, the interests of the selling entities
in providing the needed supply or service before issuing a solicitation for the
procurement.
F. Disputes. A
procurement agency shall promptly notify the Secretary of General Services or
designee of any dispute with a selling entity concerning supplies or
services.
