Md. Code Regs. 14.27.03.04

Current through Register Vol. 51, No. 18, September 6, 2024

Section 14.27.03.04 - 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 approval in writing; or

(c) The Board approves the contract as provided in §C of this regulation.

(4) A Service employee who has not been delegated approval authority by the Director may not approve a contract. Except as provided in this regulation, a contract is not enforceable against the Service if the contract has not been approved by the Director or a Service employee who has been delegated approval authority by the Director.

(5) Except as provided in Regulation .06D(1) of this chapter:

(a) The procurement contracts of the Service shall be in writing; and

(b) An oral contract purporting to bind the Service is not enforceable against the Service.

B. The Director shall report to the Board any contract awarded by the Service that is in an amount exceeding $25,000.

C. Procurement Approval.

(1) If the Service estimates that a procurement will result in the award of a contract that exceeds $200,000, the Service may obtain the approval of the Board for contract award before distributing a solicitation notice for the procurement.

(2) The Service shall obtain the approval of the Board before awarding a contract for more than $200,000 if the:

(a) Procurement was not approved as provided in §C(1) of this regulation; or

(b) Amount of the contract award exceeds the Service's estimate of the procurement by an amount specified by the Board.

Md. Code Regs. 14.27.03.04

Regulation .04 amended effective August 14, 1995 (22:16 Md. R. 1222);

Regulation .04C amended effective June 1, 1998 (25:11 Md. R. 822); Amended effective 48:15 Md. R. 592, eff. 7/1/2021; amended effective 48:18 Md. R. 692, eff. 9/6/2021