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14.13.01.00.htm 14.13.01.00. Title 14 INDEPENDENT AGENCIES Subtitle 13 NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY Chapter 01 Procurement Procedures Authority: Natural Resources Article, §3-905(b) and 3-921, Annotated Code of Maryland
14.13.01.01.htm 14.13.01.01. 01 Purpose.. The procedures established in this chapter are applicable to the procurement of supplies, services, and construction including leasing personal property as a lessee. The Authority is not subject to the State Finance and Procurement Article, Annotated Code of Maryland.
14.13.01.02.htm 14.13.01.02. 02 Conflict of Interest.. The members of the Authority, its Executive Director, and staff members are required to comply with the conflict of interest provisions found in the General Provisions Article, Title 5, Subtitle 5, Annotated Code of Maryland.
14.13.01.03.htm 14.13.01.03. 03 Scope.. A. This chapter does not apply to the following:. 1) Contracts with or procurement from:. a) A State agency or unit,. b) A political subdivision of the State,. c) An agency of a political subdivision of the State,. d) A government, including the government of another state or the United States,. e) An agency or political subdivision of the State, or. f) A bistate, multistate, bicounty, or multicounty governmental agency;.
14.13.01.04.htm 14.13.01.04. 04 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Authority" means the Northeast Maryland Waste Disposal Authority.. 2) "Board" means the Board of Directors of the Authority.. 3) "Executive Director" means the Executive Director of the Northeast Maryland Waste Disposal Authority.4) "Person" has the meaning stated in Natural Resources Article, §3-101(j) Annotated Code of Maryland.5) Proposal.. a) "Proposal" means the r
14.13.01.05.htm 14.13.01.05. 05 Procurement Authority.. The power to contract on behalf of the Authority for the procurement of materials, supplies, or services and construction shall be vested in the Executive Director. The Executive Director may, with the approval of the Authority, delegate this power to other staff members. The Executive Director may exercise any responsibility of the Authority set forth in these regulations. However, contracts and orders involving the expenditure of more than $10,
14.13.01.06.htm 14.13.01.06. 06 Advertising.. Advertising, when used, shall be placed in one or more newspapers of general circulation serving the area where the procurement is required, or e-Maryland Marketplace. Wider range advertising, including advertising in professional and trade publications, may be employed at the discretion of the Executive Director. The advertisement shall describe the materials, supplies, equipment, or services required, pertinent information as to submission of b
14.13.01.07.htm 14.13.01.07. 07 Methods of Procurement.. A. All purchases shall be awarded by one of the following methods:. 1) Competitive sealed bidding;. 2) Competitive negotiation;. 3) Small procurement procedures, when permitted by Regulation .14 of this chapter;. 4) Revised bids after competitive sealed bidding where all bids are rejected;. 5) Sole source procurement, when permitted by Regulation .11 of this chapter;. 6) Emergency procurement, when permitted by Regulation .12 of this chapter; or.
14.13.01.08.htm 14.13.01.08. 08 Prequalification.. A. The Authority may require prequalification of bidders regardless of the method of procurement selected.B. Method of Prequalification.. 1) The Authority shall issue a request for qualifications.. 2) The Authority may invite some or all persons and entities seeking to become qualified to participate in oral interviews. The interviews will become part of the responses to a request for qualifications.3) The Authority may require some or all persons a
14.13.01.09.htm 14.13.01.09. 09 Guidelines for Competitive Sealed Bidding.. A. Bids shall be submitted in a sealed envelope marked with the bidder's name. All bids will be publicly opened at the time and place stated in the request.B. Award shall be made with reasonable promptness after the date of bid opening to that person or entity with the lowest bid which is both responsible and responsive.C. All bids may be rejected if the Authority determines that it is in the public interest to do so..
14.13.01.10.htm 14.13.01.10. 10 Guidelines for Competitive Negotiation.. A. A special form or procedure is not prescribed for procurement by competitive negotiation. The request shall be in writing and shall describe the procurement in sufficient detail to provide an understanding of what is required, but should not be unnecessarily restrictive so as to preclude or limit competition. The request shall state applicable dates for the submission of proposals, and any other information which may b
14.13.01.11.htm 14.13.01.11. 11 Sole Source Procurement.. A. Condition for Use. Sole source procurement is not permissible unless a requirement is available from only a single vendor.B. The determination as to whether a procurement shall be made as a sole source shall be made by the Executive Director, and approved by the Board. The determination and the basis for it shall be in writing. The Authority may not award a contract to a sole source before the Board's approval, except as allowed in Regulation
14.13.01.12.htm 14.13.01.12. 12 Emergency Procurement.. A. Application. The Authority may award an emergency contract by means other than competitive sealed bidding or competitive negotiation under Regulation .09 or .10 of this chapter.B. Scope. "Emergency" means a sudden and unexpected occurrence or condition which the Authority could not reasonably foresee and which requires an action to avoid or to mitigate damage to the environment or to health, safety, or welfare. An emergency procurement is limited t
14.13.01.13.htm 14.13.01.13. 13 Supplemental Work.. The Authority need not follow the procurement process as set forth in these regulations when the procurement is for supplemental work, substantially related to work previously awarded by the Authority by competitive sealed bidding or competitive negotiation, and where further competitive procurement would not enhance the public interest.
14.13.01.14.htm 14.13.01.14. 14 Small Procurement Procedures.. Materials, supplies, equipment, and services may be procured by open market purchase or sole source award when the amount involved is anticipated to be less than $2,500 in the aggregate on an annual basis for a particular procurement. Procurement by open market purchase or sole source award in amounts over $2,500, but less than $10,000, is permitted when the materials, supplies, equipment, and services are of a unique and special nature, or when
14.13.01.15.htm 14.13.01.15. 15 Contracts Voidable for Noncompliance.. A. If the Board determines that a procurement violates this chapter, the Board may determine that the procurement contract is voidable rather than void if the Board finds that:1) All parties have acted in good faith;. 2) Ratification of the procurement contract would not undermine the purposes of this chapter; and. 3) The violation, or series of violations, was insignificant or otherwise did not prevent substantial compliance with this ch
14.13.01.16.htm 14.13.01.16. 16 Bid Protests.. A. Time Restrictions.. 1) A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the closing date for receipt of initial proposals shall be submitted to the Director of Finance and Administration before bid opening or the closing date for receipt of initial proposals.2) For procurement by competitive sealed proposals, alleged improprieties that did not exist in the initial solicitation but which are subsequently in
14.13.01.9999.htm 14.13.01.9999. Administrative History Effective date: December 26, 1980 (7:26 Md. R. 2424). Chapter revised effective September 27, 1982 (9:19 Md. R. 1896) ―. Chapter revised effective March 19, 2001 (28:5 Md. R. 552) ―. Regulation .02 amended effective December 21, 2015 (42:25 Md. R. 1546). Regulation .03A amended effective December 21, 2015 (42:25 Md. R. 1546). Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1546).
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