1. A. Authorized Methods of Procurement. All procurement contracts entered into by the Authority shall be awarded by one of the following procurement methods:

   1. (1) Competitive sealed bidding in accordance with Regulation .07 of this chapter;
   2. (2) Competitive sealed proposals in accordance with Regulation .08 of this chapter;
   3. (3) Negotiated award after unsatisfactory competitive sealed bidding in accordance with Regulation .07I of this chapter;
   4. (4) Sole source procurement in accordance with Regulation .09 of this chapter;
   5. (5) Small procurement in accordance with §F of this regulation; or
   6. (6) Emergency procurement in accordance with Regulation .10 of this chapter.

2. B. Source Selection.

   1. (1) The Authority may use small procurement for a procurement estimated by the Authority to be less than or equal to $25,000.
   2. (2) Competitive sealed bidding shall be the preferred method for any procurement estimated by the Authority to exceed $25,000.

   3. (3) For a procurement estimated by the Authority to exceed $25,000, the Authority may use:

      1. (a) Competitive sealed proposals if the Authority determines that:

         1. (i) The procurement does not permit an award based solely on most favorable bid price or most favorable evaluated bid price;
         2. (ii) Competitive sealed bidding is not practicable; or
         3. (iii) Competitive sealed bidding is not advantageous to the Authority;
      2. (b) Negotiated award after unsatisfactory competitive sealed bidding as authorized under Regulation .07I of this chapter;
      3. (c) Sole source selection as authorized under Regulation .09 of this chapter; or
      4. (d) Emergency procurement as authorized under Regulation .10 of this chapter.

3. C. Prequalification.

   1. (1) The Authority may require that bidders or offerors be prequalified before submitting bids or proposals.
   2. (2) If the Authority determines that bidders or offerors shall be prequalified, then the Authority shall establish reasonable prequalification criteria, which shall be clearly set forth in a request for qualifications.
   3. (3) The Authority may require that architectural or engineering bidders or offerors submit U.S. Government Standard Form 254, Architect/Engineer and Related Services Questionnaire (SF-254), in order to be prequalified.
4. D. List of Potential Bidders or Offerors. The Authority is not required to maintain a list of potential bidders or offerors.

5. E. Notice of Solicitation.

   1. (1) For a procurement estimated by the Authority to exceed $50,000, the Authority shall publish a notice of solicitation:

      1. (a) At least 10 days before the due date identified in the solicitation for receipt of bids or proposals;
      2. (b) On the Authority’s website; and
      3. (c) In an appropriate publication.

   2. (2) For a procurement estimated by the Authority to exceed $25,000, but to be less than or equal to $50,000, the Authority shall publish a notice of solicitation:

      1. (a) At least 10 days before the due date identified in the solicitation for receipt of bids or proposals;
      2. (b) On the Authority’s website; and
      3. (c) If determined necessary by the Authority, by any other reasonable method taking into consideration the nature of the procurement.

   3. (3) For a procurement estimated by the Authority to exceed $10,000, but to be less than or equal to $25,000, the Authority shall issue a notice of solicitation:

      1. (a) In a manner reasonably sufficient to provide general notice to potential bidders or offerors; and
      2. (b) Reasonably in advance of the due date identified in the solicitation for responses to the solicitation.

6. F. Small Procurement.

   1. (1) For a procurement estimated by the Authority to be equal to or less than $10,000, the Authority may:

      1. (a) Solicit oral bids from any number of bidders; and
      2. (b) Enter into either a written or an oral procurement contract.

   2. (2) For a procurement estimated by the Authority to exceed $10,000, but to be less than or equal to $25,000, the Authority shall:

      1. (a) Solicit bids as required by §E(3) of this regulation; and
      2. (b) Enter into a written procurement contract.

Authority: Financial Institutions Article, §13-1008(4), Annotated Code of Maryland

Effective date: December 18, 1995 (22:25 Md. R. 1964)

Regulation .02 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .02A amended effective June 15, 2009 (36:12 Md. R. 838)

Regulation .03B amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .04 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .04B, C amended effective June 15, 2009 (36:12 Md. R. 838)

Regulation .05 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .06 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .06D amended effective June 15, 2009 (36:12 Md. R. 838)

Regulation .06E amended effective February 28, 2005 (32:4 Md. R. 411); June 15, 2009 (36:12 Md. R. 838)

Regulation .07 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .08 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .09 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .10 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .11 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .12 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .13 amended effective October 23, 2017 (44:21 Md. R. 984)