Md. Code Regs. 21.12.02.09

Current through Register Vol. 51, No. 22, November 1, 2024

Section 21.12.02.09 - Waiver of Selection on a Competitive Basis

A. Waiver Criteria. The Agency head or designee shall waive selection on a competitive basis in writing under any of the following conditions:

(1) When the public health and safety is endangered following any natural disaster or Act of God;

(2) When a state of emergency is declared by the Governor;

(3) When it determines that a bona fide single source of services, supply, or proprietary product or process is required, as determined by the procurement officer;

(4) When the procurement officer determines that the services cannot be so completely defined as to lend themselves to procedures for selection on a competitive basis;

(5) When a project of a complex nature carried out in phases makes it not feasible to continue subsequent phases with other than the first phase source, as determined by the procurement officer; or

(6) When, upon recommendation by the Procurement Agency head or designee, and accompanied by a finding by the Governor of extraordinary circumstances, the Board of Public Works determines that urgent circumstances require prompt action and that the selection of an architectural-engineering consultant for a particular project be made on an expedited basis, that an expedited selection best serves the public interest, and that the need for the expedited selection outweighs the benefits of making a selection on a competitive basis.

B. Procedure for Waiver Action.

(1) If the Agency waives selection on a competitive basis, in writing, in emergency situations described in §A(1) or (2) of this regulation, the procurement agency involved may act immediately.

(2) Waivers described in §A(3), (4), and (5) of this regulation, shall be requested by the head of the involved Procuring Agency. The requirements of Regulation . 03 of this chapter, are not waived.

(3) Waivers described in §A(6) of this regulation, shall be granted pursuant to the action taken by the Board of Public Works.

C. Documentation of Waiver Action. All waivers granted by the procurement agency shall be reported to the Legislative Policy Committee within 30 days and published in eMaryland Marketplace.

Md. Code Regs. 21.12.02.09

Regulations .09A amended as emergency provisions effective July 1, 1981 (8:13 Md. R. II-3); emergency status expired October 1, 1981 (Emergency provisions are temporary and not printed in COMAR)
Regulations .09A amended effective May 10, 1982 (9:9 Md. R. 912)
Regulations .09A amended effective April 1, 1986 (13:3 Md. R. 273)
Regulation .09A amended effective May 26, 2003 (30:10 Md. R. 669)
Regulation .09D adopted effective April 8, 1985 (12:7 Md. R. 708); amended effective 45:6 Md. R. 321, eff. 3/26/2018