1. A. Conditions for Use.

   1. (1) Sole source procurement is not permissible unless a requirement is available from only a single vendor.
   2. (2) The determination as to whether a procurement shall be made as a sole source shall be made by the procurement officer, and approved by the Director. The determination and the basis for it shall be in writing. The Service may not award a contract to a sole source before the Director's approval.

2. B. Confidential Services. The Service may enter into a sole source contract to retain the confidential services of a contractor:

   1. (1) To advise the Service in connection with threatened or pending litigation; or
   2. (2) For appraisal of real property contemplated for acquisition by the Service.

Authority: Natural Resources Article, §§3-103 and 3-127, Annotated Code of Maryland

Effective date: December 19, 1994 (21:25 Md. R. 2108)

Regulation .02C amended effective March 12, 2018 (45:5 Md. R. 288)

Regulation .03B amended as an emergency provision effective July 1, 2021 (48:15 Md. R. 592); amended permanently effective September 6, 2021 (48:18 Md. R. 693)

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

Regulation .04C amended effective June 1, 1998 (25:11 Md. R. 822)

Regulation .04C amended as an emergency provision effective July 1, 2021 (48:15 Md. R. 592); amended permanently effective September 6, 2021 (48:18 Md. R. 693)

Regulation .06 amended effective July 17, 2006 (33:14 Md. R. 1162)

Regulation .06B amended effective October 8, 2018 (45:20 Md. R. 919)

Regulation .06D amended effective July 5, 2004 (31:13 Md. R. 995); August 17, 2015 (42:16 Md. R. 1056)

Regulation .07F amended effective October 8, 2018 (45:20 Md. R. 919)

Regulation .07K amended effective July 17, 2006 (33:14 Md. R. 1162)

Regulation .11D adopted effective November 14, 2011 (38:23 Md. R. 1422)