1. A. Delegation of Purchasing Authority to Using Agencies.

   1. (1) Department of General Services Selects Exemptions. The Department reserves the right to delegate, either by commodity class or dollar value, certain purchase authority to using agencies. These classes and dollar exemptions are identified in the Maryland State Procurement Manual. Delegated purchases are subject to any review, reporting, or auditing requirements established by the Department. Authority delegated by the Department under this regulation may be rescinded at the Department’s discretion.
   2. (2) Using Agency May Request Authority Delegation. A using agency may write the Department and present justification for a procurement which it wishes exempted from the Department’s award authority.
   3. (3) Integrity in Application of Exemption Policies. A using agency may not deliberately circumvent a dollar threshold purchase exemption by subdividing a requirement into smaller quantities. This prohibition also applies to purposefully reducing the order quantities and buying more frequently.

2. B. Purchases Costing $10,000 or More. The Department may not approve requisitions for commodities which are:

   1. (1) The subject of a term requirements or indefinite quantity contract; or
   2. (2) Available from another State agency.
3. C. Repealed.
4. D. Emergency Purchases. The Department shall allow using agencies to make emergency purchases of commodities in accordance with COMAR 21.05.06. Emergency purchases shall be reported as required by COMAR 21.05.06.02D. If a using agency determines that an emergency exists, the agency may contact the Department for assistance before making a purchase.

5. E. Receiving and Inspection.

   1. (1) Upon delivery of supplies, the using agency shall be responsible for weighing, counting, visually inspecting, and noting any deviations between the items delivered and the purchase order specifications issued by the Department. If a substitute is found, the using agency shall reject it and submit a vendor performance report immediately to the Department. If the need is critical, the appropriate Department buyer shall be notified immediately.
   2. (2) Agency receiving personnel shall sign delivery receipts and complete receiving reports for only the quantities received. The receiving personnel shall note any shortages on the delivering carrier's freight bill and shall immediately inform the vendor and the Department of the shortage. Concealed damage or shortages shall also be reported to the vendor as soon as discovered.
6. F. Invoice Processing. Each using agency is responsible for promptly processing invoices for payment. The using agency shall match a receiving report and any other supporting documents with appropriate invoices. The using agency shall place all approved invoices on a disbursement transmittal and forward them to the Comptroller's Office for payment.

Authority: State Finance and Procurement Article, §§4-204, 12-101, 12-107, 12-108, 13-103, 13-104, 13-107, and 13-108(a)(1), Annotated Code of Maryland

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

Regulation .01E amended effective January 14, 1985 (12:1 Md. R. 17)

Regulation .04B repealed 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; repealed permanently effective October 12, 1982 (9:20 Md. R. 1984)

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

Regulation .01E amended effective June 16, 1997 (24:12 Md. R. 865); March 8, 1999 (26:5 Md. R. 393); October 18, 1999 (26:21 Md. R. 1631); June 29, 2020 (47:13 Md. R. 643)

Regulation .01F amended effective June 29, 2020 (47:13 Md. R. 643)

Regulation .02 amended effective June 29, 2020 (47:13 Md. R. 643)

Regulation .02A, B amended effective June 16, 1997 (24:12 Md. R. 865)

Regulation .03 amended effective March 11, 1996 (23:5 Md. R. 384)

Regulation .03C repealed effective June 29, 2020 (47:13 Md. R. 643)

Regulation .04 amended effective June 16, 1997 (24:12 Md. R. 865); June 29, 2020 (47:13 Md. R. 643)

Regulation .04A amended effective August 23, 2010 (37:17 Md. R. 1186); July 21, 2014 (41:14 Md. R. 799); March 11, 2019 (46:5 Md. R. 310)

Regulation .04C repealed effective September 3, 2012 (39:17 Md. R. 1149)

Regulation .06 repealed effective June 16, 1997 (24:12 Md. R. 865)

Regulation .06 adopted effective June 29, 2020 (47:13 Md. R. 643)

Regulation .07 adopted effective June 29, 2020 (47:13 Md. R. 643)

Regulation .08 adopted effective June 29, 2020 (47:13 Md. R. 643)

Regulation .09 adopted effective June 29, 2020 (47:13 Md. R. 643)