Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 12 - PROCUREMENT OF ARCHITECTURAL SERVICES AND ENGINEERING SERVICES
Chapter 21.12.02 - Department of Transportation and Department of General Services; A/E Services exceeding $200,000
Section 21.12.02.06 - Work Assignments Under Indefinite Quantity Contracts
Universal Citation: MD Code Reg 21.12.02.06
Current through Register Vol. 51, No. 19, September 20, 2024
A. Work Assignments.
(1) After the Board of Public
Works has approved the award of an indefinite quantity contract, work may be
assigned to selected consultants in accordance with this section and other
requirements of State procurement law.
(2) The Procuring Agency and the consultant
shall agree on the specific scope of services to be performed, the maximum
hours or fees approved for the specific work assignment, and other matters
pertinent to the work assignment.
(3) The Procurement Agency and the consultant
shall execute a work order subject to the terms and conditions of the original
indefinite quantity contract and all additional agreed upon terms.
(4) The Procurement Agency shall obtain all
other approvals required by law.
(5) A signed work order shall become apart of
the contract.
B. Basis of Assignment Under Indefinite Quantity Contracts.
(1) Work assignments may be rotated among
firms receiving awards under an indefinite quantity contract starting in the
order of the ranking of the firms during selection, unless the unit issuing the
work assignment finds that:
(a) The firm is
unable to perform the assignment, lacks the capability in all respects to
perform fully the contract requirements, or lacks the integrity or reliability
that will assure good faith performance;
(b) The hours or fees proposed by the firm
for the services needed cannot successfully be negotiated to an amount the unit
considers fair and reasonable;
(c)
Another firm has special experience or qualifications, including geographic
proximity to the site for which services are needed, that make it in the
State's best interest to give the assignment to the other firm; or
(d) Assignment to another firm would tend to
balance to a greater extent, among firms on the indefinite quantity contract
list being used, the fees paid or payable for work assignments previously
issued.
(e) If assignment in this
manor conflicts with a federal funding requirement on a project, then the
federal method for assignment shall be utilized.
(2) If the unit finds that any of the
circumstances listed in §C(l)(a) or (b) of this regulation exist, the next
firm in the rotation shall be considered for the assignment as provided in
§C(1) of this regulation.
(3)
If the unit finds that any of the circumstances listed in §C(l)(c) of this
regulation exist, the unit shall issue the assignment to the firm considered to
have the necessary special experience or qualifications.
(4) If the unit finds that the circumstance
listed in §C(l)(d) of this regulation exists, the unit may issue the work
order to the firm which before that time has received work assignments worth
the least amount in fees paid or payable under the indefinite quantity contract
being used.
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