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Document Citation:
COMAR 21.12.04.08
Header:
CODE OF MARYLAND REGULATIONS
TITLE 21. STATE PROCUREMENT REGULATIONS
SUBTITLE 12. PROCUREMENT OF ARCHITECTURAL SERVICES AND ENGINEERING SERVICES
CHAPTER 04. DEPARTMENT OF GENERAL SERVICES; A/E SERVICES EXCEEDING $ 200,000
Date:
08/31/2009
Document:
.08 Waivers.
A. Waiver Criteria. Pursuant to State Finance and Procurement Article, § 13-314, Annotated Code of Maryland, the General Board may waive selection under these regulations under 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 a bona fide single source of services, supply, or proprietary product or process is required, as determined by the General Board;
(4) When the General Board determines in writing that the architectural services and engineering services cannot be defined so completely so as to lend themselves to the procedures set forth;
(5) Upon the recommendation of the Secretary of General Services, accompanied by a finding of 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 firm 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 under State Finance and Procurement Article, §§ 13-304(b) and 13-308, Annotated Code of Maryland;
B. Procedure for Waivers. If the General Board waives selection under these regulations, the waivers shall be made in writing. The following apply:
(1) In emergency situations described in § A(1) or (2) of this regulation, the using agency involved and the Secretary of General Services may act immediately. Upon taking action, the using agency shall notify the General Board in writing.
(2) Waivers described in § A(3) of this regulation shall be requested by the using agency and shall be presented to the General Board by the using agency.
(3) General Board action on waivers described in § B(2) of this regulation shall be taken at public meetings held in accordance with Regulations .09 and .12 of this chapter. Notice of waivers pursuant to § A(1) and (2) of this regulation shall be made in appropriate publications.
C. Documentation of Waivers. Waivers granted by the General Board shall be reported to the Legislative Policy Committee within 30 days and published in eMaryland Marketplace.
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