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Document Citation:
COMAR 21.12.02.14
Header:
CODE OF MARYLAND REGULATIONS
TITLE 21. STATE PROCUREMENT REGULATIONS
SUBTITLE 12. PROCUREMENT OF ARCHITECTURAL SERVICES AND ENGINEERING SERVICES
CHAPTER 02. DEPARTMENT OF TRANSPORTATION; A/E SERVICES EXCEEDING $ 200,000
Date:
08/31/2009
Document:
.14 Waiver of Selection on a Competitive Basis.
A. Waiver Criteria. Pursuant to State Finance and Procurement Article, § 13-314, the Transportation Board 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 Transportation Board;
(4) When the Transportation Board 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 Board;
(6) When, upon recommendation by the Secretary of Transportation, 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 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 on a competitive basis.
B. Procedure for Waiver Action.
(1) If the Transportation Board waives selection on a competitive basis, in writing, in emergency situations described in § A(1) or (2), the transportation agency involved may act immediately. Upon taking action, the agency shall notify the Transportation Board in writing.
(2) Waivers described in § A(3), (4), and (5) shall be requested by the head of the involved transportation agency after consultation with the requesting agency's consultant screening committee and through the Bureau of Consultant Services. The requirements of Regulation .09 are not waived.
(3) Waivers described in § A(6) shall be granted pursuant to the action taken by the Board of Public Works.
(4) Transportation Board action on waivers shall be taken at a public meeting held in accordance with Regulations .08 and .12. The requirement in Regulation .12 that announcements be made at least 5 days before the meeting does not apply to waivers described in § A(1) and (2). However, reasonable notice shall be made in an appropriate publication.
C. Documentation of Waiver Action. All waivers granted by the Transportation Board shall be reported to the Legislative Policy Committee within 30 days and published in eMaryland Marketplace.
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