1. A. General. Construction management agency (CMA) means a project delivery method in which the LEA:

   1. (1) Directly contracts with trade contractors; and

   2. (2) Either:

      1. (a) Engages a construction manager as its agent to manage the project; or
      2. (b) Acts as the construction manager.
2. B. The LEA shall disclose in the solicitation documents if the project may be converted to the construction management at risk method or other project delivery method.

3. C. State Reimbursement.

   1. (1) The IAC or its designee shall maintain a list of CMA services that are eligible for State reimbursement.

   2. (2) If the LEA intends to seek reimbursement of CMA costs with State funds, the LEA shall:

      1. (a) Submit the solicitation documents to the IAC or its designee for review not later than 1 month before the documents are released to offerors; and
      2. (b) Identify in the solicitation documents the construction management services that are eligible for State reimbursement.
   3. (3) An LEA intending to seek State reimbursement for construction manager services shall procure a construction manager in accordance with COMAR 14.39.03.

4. D. Trade Contracts.

   1. (1) Trade contracts may be procured concurrently or over the life of the project.
   2. (2) The LEA shall submit the bidding schedule for the trade packages with proposed bid dates to the IAC or its designee and provide notice of any changes.
   3. (3) The LEA shall procure each trade contract in accordance with COMAR 14.39.03.
   4. (4) The LEA shall submit each trade contract to the IAC for approval.
   5. (5) If the project is subject to prevailing wage rate requirements, each trade contract within the project is subject to prevailing wage rate requirements.
   6. (6) MBE goals shall be based on the total project price, but MBE goals may vary in individual trade contracts if the overall MBE project goal is acknowledged.

Authority: Education Article, §§4-126, 5-112, and 5-303, Annotated Code of Maryland

Effective date: May 21, 2007 (34:10 Md. R. 891)

COMAR 23.03.04 recodified to be COMAR 14.39.04 under new subtitle, Interagency Commission on School Construction, effective November 4, 2019 (46:22 Md. R. 979)

Regulation .01A amended effective November 4, 2019 (46:22 Md. R. 979)

Regulation .03 amended effective June 28, 2021 (48:13 Md. R. 509)

Regulation .04A amended effective November 4, 2019 (46:22 Md. R. 979)

Regulation .05 amended effective August 18, 2025 (52:16 Md. R. 848)

Regulation .05D, E amended effective November 4, 2019 (46:22 Md. R. 979)

Regulation .06B, D amended effective November 4, 2019 (46:22 Md. R. 979)

Regulation .08E, F amended effective August 18, 2025 (52:16 Md. R. 848)

Regulation .09 repealed effective June 28, 2021 (48:13 Md. R. 509)