John P. McDonough, Secretary of State     ~    
Brian Morris, Administrator, Division of State Documents

Title 21
State Procurement Regulations

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Subtitles:
01 GENERAL PROVISIONS
02 STATE PROCUREMENT ORGANIZATION
03 STATE PROCUREMENT REGULATIONS AND CONTRACTS
04 SPECIFICATIONS
05 PROCUREMENT METHODS AND PROJECT DELIVERY METHODS
06 CONTRACT FORMATION AND AWARD
07 CONTRACT TERMS AND CONDITIONS
08 SUSPENSION AND DEBARMENT
09 CONTRACT COST PRINCIPLES AND PROCEDURES
10 ADMINISTRATIVE AND CIVIL REMEDIES
11 SOCIOECONOMIC POLICIES
12 PROCUREMENT OF ARCHITECTURAL SERVICES AND ENGINEERING SERVICES
13 PROCUREMENT REPORTING REQUIREMENTS
14 PROCUREMENT OF HUMAN, SOCIAL, CULTURAL, AND EDUCATIONAL SERVICES

Subtitle 01 GENERAL PROVISIONS
21.01.01 Authority, Policies, and Purposes
21.01.02 Terminology
21.01.03 Applicability

Subtitle 02 STATE PROCUREMENT ORGANIZATION
21.02.01 Board of Public Works
21.02.02 Maryland State Board of Contract Appeals
21.02.03 Department of Budget and Management
21.02.04 Department of Transportation
21.02.05 Department of General Services
21.02.06 University System of Maryland - Repealed
21.02.07 Comptroller of the Treasury
21.02.08 Procurement Advisory Council—Open Meetings

Subtitle 03 STATE PROCUREMENT REGULATIONS AND CONTRACTS
21.03.01 General Regulations
21.03.02 Review of Contracts for Form and Legal Sufficiency
21.03.03 Fund Certification
21.03.04 Determinations
21.03.05 Electronic Transactions

Subtitle 04 SPECIFICATIONS
21.04.01 General Policies

Subtitle 05 PROCUREMENT METHODS AND PROJECT DELIVERY METHODS
21.05.01 General Provisions
21.05.02 Procurement by Competitive Sealed Bidding
21.05.03 Procurement by Competitive Sealed Proposals
21.05.04 Procurement By Negotiated Award after Unsatisfactory Competitive Sealed Bidding
21.05.05 Sole Source Procurement
21.05.06 Emergency and Expedited Procurements
21.05.07 Small Procurement Regulations ($25,000 or Less)
21.05.08 Mandatory Written Solicitation Requirements
21.05.09 Intergovernmental Cooperative Purchasing
21.05.10 Construction Management at Risk
21.05.11 Design—Build

Subtitle 06 CONTRACT FORMATION AND AWARD
21.06.01 Qualification and Duties
21.06.02 Cancellation and Rejection of IFBs and RFPs
21.06.03 Types of Contracts and Multi-Year Contracts
21.06.04 Cost or Price Requirements
21.06.05 Plant Inspection, Audit and Retention of Records
21.06.06 Retainage
21.06.07 Bid and Contract Security/Bonds
21.06.08 Inspection, Acceptance, Replacements, Revocation, and Rejection

Subtitle 07 CONTRACT TERMS AND CONDITIONS
21.07.01 Mandatory Contract Provisions—All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03)
21.07.02 Mandatory Construction Contract Clauses
21.07.03 Mandatory Terms and Conditions for Purchase Orders Over $25,000

Subtitle 08 SUSPENSION AND DEBARMENT
21.08.01 General
21.08.02 Suspension
21.08.03 Debarment
21.08.04 Proceedings
21.08.05 Contested Cases - Repealed
21.08.06 Conditional Suspension, Suspension and Debarment For Unsatisfactory Performance and Improper Conduct - Repealed

Subtitle 09 CONTRACT COST PRINCIPLES AND PROCEDURES
21.09.01 General Regulations

Subtitle 10 ADMINISTRATIVE AND CIVIL REMEDIES
21.10.01 Exhaustion of Administrative Remedies and Judicial Review
21.10.02 Protests
21.10.03 Bid Protests Concerning Architectural Services and Engineering Services Contracts
21.10.04 Contract Claims and Disputes
21.10.05 Maryland State Board of Contract Appeals—General
21.10.06 Maryland State Board of Contract Appeals—Procedures For Appealing Contract Disputes
21.10.07 Maryland State Board of Contract Appeals—Procedures For Appealing Protests
21.10.08 State Construction Contracts—Prompt Payment of Subcontractors

Subtitle 11 SOCIOECONOMIC POLICIES
21.11.01 Small Business Procurements
21.11.02 Implementation of the "Buy American Steel" Act
21.11.03 Minority Business Enterprise Policies
21.11.04 Contractor's Affirmative Action Plan Review/Approval and Compliance Monitoring Process—DOT
21.11.05 Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and Community Service Providers
21.11.06 Purchases from the Republic of South Africa - Repealed
21.11.07 Miscellaneous Purchasing Preferences
21.11.08 Drug and Alcohol Free Workplace
21.11.09 Vending Facilities on Property Controlled by Department of General Services
21.11.10 Living Wage
21.11.11 Prevailing Wage—Contracts for Public Works
21.11.12 State Apprenticeship and Training Fund
21.11.13 Veteran-Owned Small Business Enterprises
21.11.14 American-Manufactured Goods and Services—Preference

Subtitle 12 PROCUREMENT OF ARCHITECTURAL SERVICES AND ENGINEERING SERVICES
21.12.01 General
21.12.02 Department of Transportation; A/E Services Exceeding $200,000
21.12.03 Department of Transportation; A/E Services, $200,000 or Less
21.12.04 Department of General Services; A/E Services Exceeding $200,000
21.12.05 Department of General Services; A/E Services, $100,000 or Less

Subtitle 13 PROCUREMENT REPORTING REQUIREMENTS
21.13.01 Reporting Requirements

Subtitle 14 PROCUREMENT OF HUMAN, SOCIAL, CULTURAL, AND EDUCATIONAL SERVICES
21.14.01 General Regulations