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14.27.03.00.htm 14.27.03.00. Title 14 INDEPENDENT AGENCIES Subtitle 27 MARYLAND ENVIRONMENTAL SERVICE Chapter 03 Procurement Authority: Natural Resources Article, §3-103 and 3-127, Annotated Code of Maryland
14.27.03.01.htm 14.27.03.01. 01 Policy.. It is the policy of the Maryland Environmental Service to procure supplies, services, and construction in a cost-effective manner consistent with the best interests of the Service, its clients, its vendors, and the general public.
14.27.03.02.htm 14.27.03.02. 02 Scope.. A. This chapter does not apply to the following:. 1) Reimbursement contracts for which user eligibility and cost are set by law or by rules and regulations;2) Collective bargaining agreements with employee organizations (labor contracts). 3) Acquisition of real property or a permanent or temporary interest in real property;. 4) Contracts with a State agency or a municipality;. 5) Disposal of real or personal property;.
14.27.03.03.htm 14.27.03.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Award" means the decision by the Service to execute a contract.. 2) "Bid" means a statement of price, terms of sale, and description of supplies, services, or construction offered by a bidder in response to an invitation for bids.3) "Bidder" means a person who submits a bid to the Service.. 4) "Board" means the Board of Directors of the Service.. 5) "Construction" means t
14.27.03.04.htm 14.27.03.04. 04 Contract Authority.. A. Contract Approval.. 1) The Director shall approve contracts of the Service.. 2) The Director may delegate authority to approve a contract of the Service to a Service employee.. 3) A contract is approved if:. a) The Director signs the contract or otherwise expresses the Director's approval of the contract in writing;b) An employee of the Service described in §A(2) of this regulation signs the contract or otherwise expresses that employee's
14.27.03.05.htm 14.27.03.05. 05 Determinations.. Determinations required by these regulations shall be in writing, signed by the procurement officer, and retained by the Service for not less than 3 years from the date of the determination.
14.27.03.06.htm 14.27.03.06. 06 Source Selection.. A. The Service may use the following procurement methods:. 1) Competitive sealed bidding;. 2) Competitive proposals;. 3) Negotiated award after unsatisfactory competitive sealed bidding;. 4) Intergovernmental cooperative purchasing;. 5) Sole source procurement; and. 6) Emergency source selection.. B. Prequalification.. 1) The Service may require that respondents be prequalified before receipt of bids or proposals.. 2) If the Service determi
14.27.03.07.htm 14.27.03.07. 07 Procurement by Competitive Sealed Bidding.. A. Applicability. This regulation applies to any procurement of the Service except as provided in Regulations .06D and .08 ― .11 of this chapter.B. Invitations for Bids. The Service shall initiate a procurement by competitive sealed bidding by issuing an invitation for bids. The invitation for bids shall include a written bid form based on the specifications, a statement that the bidder agrees to all terms and condit
14.27.03.08.htm 14.27.03.08. 08 Procurement by Competitive Sealed Proposals.. A. Conditions for Use.. 1) Competitive sealed proposals is the preferred method for the procurement of professional services.2) For any other use of competitive sealed proposals as a procurement method, the procurement officer shall make a determination that:a) Specifications cannot be prepared to support an award on price alone; or. b) Competitive sealed bidding is not practicable, or is not advantageous to the Service..
14.27.03.09.htm 14.27.03.09. 09 Sole Source Procurement.. A. Conditions for Use.. 1) Sole source procurement is not permissible unless a requirement is available from only a single vendor.2) The determination as to whether a procurement shall be made as a sole source shall be made by the procurement officer, and approved by the Director. The determination and the basis for it shall be in writing. The Service may not award a contract to a sole source before the Director's approval.B. Confidential Services.
14.27.03.10.htm 14.27.03.10. 10 Emergency Procurement.. A. Application. The procurement officer, with the prior approval of the Director, may award an emergency contract by other than competitive sealed bidding or competitive sealed proposals under Regulation .07 or .08, respectively, of this chapter.B. Scope. An emergency procurement is limited to the procurement of those items necessary to avoid or to mitigate damage to the environment or to health, safety, or welfare.C. Competition. The Servi
14.27.03.11.htm 14.27.03.11. 11 Contract Award.. A. The procurement officer shall determine whether a respondent is responsible.. B. The procurement officer may find that a respondent is not a responsible bidder or offeror for:. 1) Unreasonable failure to supply information promptly in connection with a determination of responsibility under this chapter; or2) Any other reason indicating that the respondent does not have the:. a) Capability in all respects to perform fully the contract requirement, or.
14.27.03.12.htm 14.27.03.12. 12 Cancellation or Rejection of Solicitations.. A. The Service may cancel a solicitation in whole or in part before opening of bids or proposals when, in the determination of the procurement officer, cancellation is in the best interest of the Service. Bids or proposals shall be returned to the bidders or offerors together with a notice of cancellation.B. After opening of bids or proposals, the Service may reject all proposals or bids in whole or in part when, in the determin
14.27.03.13.htm 14.27.03.13. 13 Disputes.. Disputes arising in the performance of contracts which are not resolved by agreement of the parties shall be decided in writing by an authorized representative of the Director. The decision of the Director's authorized representative is final and conclusive unless, within 10 calendar days of receipt of its copy of the decision, the contractor delivers a written appeal to the Director. In connection with an appeal, the contractor shall be afforded
14.27.03.9999.htm 14.27.03.9999. Administrative History Effective date: December 19, 1994 (21:25 Md. R. 2108). Regulation .04 amended effective August 14, 1995 (22:16 Md. R. 1222). Regulation .04C amended effective June 1, 1998 (25:11 Md. R. 822). Regulation .06 amended effective July 17, 2006 (33:14 Md. R. 1162). Regulation .06D amended effective July 5, 2004 (31:13 Md. R. 995) August 17, 2015 (42:16 Md. R. 1056)Regulation .07K amended effective July 17, 2006 (33:14 Md. R. 1162).
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