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 21.12.02.09 - Waiver of Selection on a Competitive Basis

(1) When the public health and safety is endangered following any natural disaster or Act of God;

(2) When a state of emergency is declared by the Governor;

(3) When it determines that a bona fide single source of services, supply, or proprietary product or process is required, as determined by the procurement officer;

(4) When the procurement officer determines that the services cannot be so completely defined as to lend themselves to procedures for selection on a competitive basis;

(5) When a project of a complex nature carried out in phases makes it not feasible to continue subsequent phases with other than the first phase source, as determined by the procurement officer; or

(6) When, upon recommendation by the Procurement Agency head or designee, and accompanied by a finding by the Governor of extraordinary circumstances, the Board of Public Works determines that urgent circumstances require prompt action and that the selection of an architectural-engineering consultant for a particular project be made on an expedited basis, that an expedited selection best serves the public interest, and that the need for the expedited selection outweighs the benefits of making a selection on a competitive basis.

(1) If the Agency waives selection on a competitive basis, in writing, in emergency situations described in §A(1) or (2) of this regulation, the procurement agency involved may act immediately.

(2) Waivers described in §A(3), (4), and (5) of this regulation, shall be requested by the head of the involved Procuring Agency. The requirements of Regulation . 03 of this chapter, are not waived.

(3) Waivers described in §A(6) of this regulation, shall be granted pursuant to the action taken by the Board of Public Works.