1. A. Action Agendas.

   1. (1) Except as otherwise provided in COMAR 21.05.06, the Board shall review and approve the award of those procurement contracts not delegated under this chapter, before execution.

   2. (2) The departments shall prepare a separate item for each procurement contract not delegated under this chapter, and shall submit the items to the Board in accordance with the following procedures:

      1. (a) The Department of General Services shall submit the items on the Department of General Services Action Agenda;
      2. (b) The Department of Transportation and the Maryland Transportation Authority shall submit the items on the Department of Transportation's Action Agenda;
      3. (c) The University System of Maryland shall submit items requiring Board approval pursuant to COMAR 21.01.03.01-1E on a supplement to the Board Secretary's Action Agenda;
      4. (d) For those specific projects as may be authorized from time to time by the General Assembly and to the extent so authorized, the Maryland Environmental Service shall submit the items on the Board Secretary’s Action Agenda; and
      5. (e) Morgan State University and St. Mary's College of Maryland shall submit the items on the Board Secretary’s Action Agenda.

   3. (3) The procurement agencies shall:

      1. (a) Pursuant to COMAR 21.05.06.02, submit, as an appendix to the Board Secretary's Action Agenda for the Board's subsequent review, a separate item for each award of an emergency procurement contract or emergency contract modification that, with prior modifications, aggregates in excess of $50,000. Each procurement agency shall be responsible for defending its own emergency procurements to the Board.
      2. (b) Pursuant to COMAR 21.05.06.03, submit each expedited item as an appendix to the appropriate control agency's action agenda whenever a procurement agency requests the Board's approval to make an expedited procurement, and whenever the outcome of a previously approved expedited procurement is being reported.
   4. (4) The departments also shall submit on the appropriate Action Agenda for the Board's prior review and approval, the award of any procurement contract containing a clause which permits the laws of a jurisdiction other than Maryland to prevail.
   5. (5) The Board reserves the right to require that any particular procurement contract be brought before the Board for final disposition on one of the Action Agendas.
   6. (6) A department may request that any particular procurement contract be brought before the Board for final disposition on one of the Action Agendas.
   7. (7) Except as otherwise provided in COMAR 21.05.06, the award of any procurement contract which must be submitted to the Board for approval pursuant to this chapter may not take effect until it has been approved by the Board.

2. B. Procurement Agency Activity Reports (PAAR).

   1. (1) The Departments shall prepare and submit to the Board Procurement Agency Activity Reports (PAAR) covering all procurement contracts in excess of $50,000, except contracts for the purchase of commodities and supplies, made pursuant to this chapter during the previous calendar month or not previously reported.

   2. (2) In addition, a PAAR shall include a report of:

      1. (a) All contract modifications and option renewals greater than $50,000, but less than the amount requiring Board approval, approved by the departments pursuant to this chapter;
      2. (b) All cancellations of solicitations or rejections of all bids or proposals approved by the departments pursuant to COMAR 21.06.02; and
      3. (c) All construction contract change orders greater than $50,000, but less than the amount requiring Board approval, approved by the Departments of General Services and Transportation and the Maryland Port Commission pursuant to this chapter.
   3. (3) The PAAR of the Department of General Services shall include a summary report of those invoices approved pursuant to this chapter which did not result from competitive bidding.

   4. (4) The PAAR shall contain an item for each procurement contract required by this chapter to be reported and shall include at a minimum the following elements:

      1. (a) A short abstract of the procurement contract;
      2. (b) Name of contracting agency/entity;
      3. (c) Date of contract award;
      4. (d) Contract number/identifier;
      5. (e) Project title (short description);
      6. (f) Name, city, and state of contractor;
      7. (g) Amount of contract and fund source;
      8. (h) Procurement method used (include justification if other than competitive sealed bidding or if preference given); and
      9. (i) Number of bids/offers received.
   5. (5) The PAAR shall be delivered by the Departments directly to the Secretary to the Board of Public Works, not later than the last Wednesday of the month following the reporting period, for inclusion as an item on the next Board Secretary’s Action Agenda.
3. C. The provisions of this regulation requiring submission of Action Agendas and PAARS to the Board do not apply to procurements by the Treasurer pursuant to Regulation .04E of this chapter. However, quarterly, the Treasurer shall submit to the Board, on the Board Secretary's Action Agenda, a description of procurements made pursuant to Regulation .04E during the preceding quarter. The description shall include the elements listed in §B(4) of this regulation.

Authority: : Education Article, §§14-204, 14-205, and 14-405; State Finance and Procurement Article, §§12-101, 12-107, 12-202, 12-203, 12-204, 12-301, 12-302, 13-108, and 15-112; Annotated Code of Maryland

Effective date: July 1, 1981 (8:13 Md. R. II-5)

Regulations .03, .04B, C, and .05 amended effective May 10, 1982 (9:9 Md. R. 912)

Regulation .03A amended effective August 1, 1986 (13:15 Md. R. 1736)

Regulation .03B amended and Regulations .04E and .05C adopted effective November 7, 1983 (10:22 Md. R. 1969)

Regulations .04 and .05B amended as an emergency provision effective June 30, 1982 (9:15 Md. R. 1510); emergency status extended at 9:16 Md. R. 1601, 9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1983)

Regulation .04 amended as an emergency provision effective July 1, 1982 (9:15 Md. R. 1509); emergency status extended at 9:16 Md. R. 1601, 9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1984)

Regulation .04A amended effective August 24, 1987 (14:17 Md. R. 1872)

Regulation .04B amended as an emergency provision effective July 1, 1982 (9:15 Md. R. 1508); emergency status extended at 9:16 Md. R. 1601, 9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1982)

Regulation .04B—D amended as an emergency provision effective January 12, 1983 (10:3 Md. R. 207); emergency status extended at 10:8 Md. R. 723; adopted permanently effective April 11, 1983 (10:7 Md. R. 635)

Regulation .04B, C amended effective April 1, 1986 (13:6 Md. R. 684)

Regulation .04C amended as an emergency provision effective July 1, 1981 (8:13 Md. R. II-3); emergency status expired October 1, 1981 (Emergency provisions are temporary and not printed in COMAR)

Regulation .04D amended effective January 14, 1985 (12:1 Md. R. 17)

Regulation .04E amended effective August 1, 1986 (13:15 Md. R. 1736)

Regulation .05A amended effective May 6, 1985 (12:9 Md. R. 815)

Regulation .05B amended as an emergency provision effective July 1, 1982 (9:15 Md. R. 1509); emergency status extended at 9:16 Md. R. 1601, 9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1984)

Chapter revised effective January 9, 1989 (15:27 Md. R. 3138)

Regulation .03A amended effective July 20, 1992 (19:14 Md. R. 1286); January 2, 1995 (21:26 Md. R. 2192); October 18, 1999 (26:21 Md. R. 1631); July 27, 2009 (36:15 Md. R. 1167); June 29, 2020 (47:13 Md. R. 643)

Regulation .04 amended effective February 24, 1997 (24:4 Md. R. 293); March 8, 1999 (26:5 Md. R. 393); December 27, 1999 (26:26 Md. R. 1959); April 7, 2008 (35:7 Md. R. 751); September 3, 2012 (39:17 Md. R. 1149); April 10, 2017 (44:7 Md. R. 357); June 29, 2020 (47:13 Md. R. 643); May 2, 2022 (49:9 Md. R. 531); March 3, 2025 (52:4 Md. R. 221)

Regulation .04A amended effective July 27, 2009 (36:15 Md. R. 1167)

Regulation .04A, B amended effective January 2, 2017 (43:26 Md. R. 1449)

Regulation .04B amended effective September 18, 2023 (50:18 Md. R. 800)

Regulation .04C amended effective April 11, 2005 (32:7 Md. R. 685)

Regulation .04D repealed effective October 18, 1999 (26:21 Md. R. 1631)

Regulation .04F amended effective May 12, 2003 (30:9 Md. R. 615)

Regulation .04G and H adopted effective July 20, 1992 (19:14 Md. R. 1286)

Regulation .04G repealed effective January 2, 1995 (21:26 Md. R. 2192)

Regulation .04H amended effective April 28, 2014 (41:8 Md. R. 473)

Regulation .04I adopted effective May 9, 1994 (21:9 Md. R. 752)

Regulation .04I repealed effective March 12, 2007 (34:5 Md. R. 562)

Regulation .04I adopted effective February 23, 2009 (36:4 Md. R. 355)

Regulation .04J adopted effective April 24, 1995 (22:8 Md. R. 598)

Regulation .04J repealed effective April 11, 2005 (32:7 Md. R. 685)

Regulation .04J adopted effective July 27, 2009 (36:15 Md. R. 1167)

Regulation .05A amended effective July 20, 1992 (19:14 Md. R. 1286); April 24, 1995 (22:8 Md. R. 598); February 24, 1997 (24:4 Md. R. 293); October 18, 1999 (26:21 Md. R. 1631); March 12, 2007 (34:5 Md. R. 562); July 27, 2009 (36:15 Md. R. 1167); March 11, 2019 (46:5 Md. R. 310); June 29, 2020 (47:13 Md. R. 643); September 5, 2022 (49:18 Md. R. 819)

Regulation .05B amended effective July 20, 1992 (19:14 Md. R. 1286); April 24, 1995 (22:8 Md. R. 598); February 24, 1997 (24:4 Md. R. 293); March 8, 1999 (26:5 Md. R. 393); March 12, 2007 (34:5 Md. R. 562); April 7, 2008 (35:7 Md. R. 751); April 10, 2017 (44:7 Md. R. 357); March 11, 2019 (46:5 Md. R. 310); July 15, 2019 (46:14 Md. R. 623); June 29, 2020 (47:13 Md. R. 643); March 3, 2025 (52:4 Md. R. 221)

Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)