Md. Code Regs. 21.11.15.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 21.11.15.03 - Location of Performance of Services

A. In this regulation, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Services" has the meaning stated in COMAR 21.01.02.01B and includes:

(a) Construction-related services;

(b) Architectural services;

(c) Engineering Services; and

(d) Energy performance contracts.

(2) "Substantially less quality" means not in compliance with applicable performance standards.

(3) "Unreasonable amount" means more than 5 percent over the lowest financial proposal or bid offering services provided outside the United States.

C. This regulation applies to services contracts with an estimated value of $2,000,000 or more.

D. In response to a solicitation issued by a public employer for services as defined in §B(1) of this regulation, a bidder or offeror shall disclose to the public employer:

(1) Whether the bidder or offeror or any proposed subcontractor has plans, at the time the bid or proposal is submitted, to perform any services required under the contract outside the United States; and

(2) If services required under the contract are anticipated to be performed outside the United States;

(a) Where the services will be performed; and

(b) The reason why it is necessary or advantageous to perform the services outside the United States.

E. Except as provided in §F of this regulation, a public employer may not knowingly contract for architectural services, engineering services, construction-related services, or energy performance services unless the services are to be provided in the United States.

F. A public employer may contract for services listed in §E of this regulation that are provided outside the United States if:

(1)The services are not available in the United States;

(2) The price of the services in the United States exceeds by an unreasonable amount the price of services provided outside the United States; or

(3)The quality of services in the United States is substantially less than the quality of comparably-priced services provided outside the United States.

G. In each bid or proposal subject to the requirements of this regulation, a bidder or offeror shall certify to the public employer whether the offered services are provided in the United States. If a bid or proposal offers services that are provided in the United States and outside the United States, the bid or proposal shall distinguish which services are provided in the United States.

Md. Code Regs. 21.11.15.03

Regulation .03 recodified from 21.11.14.03 effective 47:26 Md. R. 1108, eff. 12/28/2020