The Pricing and Selection Committee for Preferred Providers shall:

1. A. Determine the prevailing average market prices for supplies and services provided by Maryland Correctional Enterprises;
2. B. Determine the fair market prices for supplies and services provided by Maryland Correctional Enterprises;

3. C. Include in the master list:

   1. (1) A listing of those supplies and services available for procurement from Maryland Correctional Enterprises,
   2. (2) The fair market price for each supply and service,
   3. (3) Any necessary instructions governing the procurement of a supply or service from Maryland Correctional Enterprises;

4. D. Compile, publish, and distribute, at least annually, the master list, which shall include:

   1. (1) Listings of supplies and services available from each of the selling entities,
   2. (2) The fair market prices of those supplies and services,
   3. (3) Instructions governing the procurement of those supplies and services, including the order of procurement priority when the same or substantially similar supply or service can be provided by more than one selling entity;
5. E. Consult periodically with the procurement agencies and the selling entities to establish reasonable and uniform standards, including those governing quantity, quality, style, design, and delivery; and
6. F. Designate an appropriate coordinating entity to facilitate distribution of procurement contracts among sheltered workshops.
7. G. Review and verify the prevailing average market prices, as proposed by Maryland Correctional Enterprises, when changes are made to the pricing of existing goods and services that are available from Maryland Correctional Enterprises or for new goods or services that Maryland Correctional Enterprises intends to make available;
8. H. Meet as often as necessary, at the call of any of its members, but at least annually;
9. I. Ensure that supplies, services, or other sales provided by Blind Industries and Services of Maryland or an Employment Works Program community service provider create work opportunities for individuals who have a mental or physical disability, including blindness, for which Blind Industries and Services of Maryland or the Employment Works Program community service provider was established to assist;
10. J. Choose appropriate supplies, services, or other sales for Employment Works Program community service providers and individual-with-disability-owned businesses to offer for procurement;
11. K. Except for services and supplies provided under the Maryland Blind Vending Program, set prices to reflect the fair market prices of supplies, services, or other sales that Blind Industries and Services of Maryland, Employment Works Program community service providers and individual-with-disability-owned businesses provide;
12. L. Adjust prices for the supplies, services, or other sales that Blind Industries and Services of Maryland and Employment Works Program community service providers and individual-with-disability-owned businesses provide, in accordance with market conditions;
13. M. At the request of an Employment Works Program community service provider or an individual-with-disability-owned business, review and, if appropriate, change the price of a supply, service, or other sale;
14. N. Establish and periodically review eligibility policies or guidelines for participating Employment Works Program community service providers and individual-with-disability-owned businesses;
15. O. Maintain a current list of Employment Works Program community service providers and individual-with-disability-owned businesses;
16. P. Periodically review and revise the list of Employment Works Program community service providers and individual-with-disability-owned businesses, and send any revised list to the Chief Procurement Officer, who shall make the list available to each person responsible for buying supplies or services for the State or a State aided or controlled entity;
17. Q. Maintain current lists of supplies, services, or other sales that Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and Employment Works Program community service providers and individual-with-disability-owned businesses provide;
18. R. Periodically review and revise the lists of supplies, services, or other sales maintained in accordance with §Q of this regulation, and send any revised list to the Chief Procurement Officer, who shall make the lists available to each person responsible for buying supplies or services for the State or a State aided or controlled entity; and

19. S. Review a request for and, if in the State’s interest, grant a waiver to a requested State or State-aided or controlled entity if either of the following conditions apply, in accordance with State Finance and Procurement Article, §14–103(d)(1), Annotated Code of Maryland:

    1. (1) The price of the needed supplies and services is at least 10 percent above market rates for similar supplies and services; or
    2. (2) The time at which the needed supplies and services would be delivered does not meet the entity's needs.

Authority: Correctional Services Article, §3-515; State Finance and Procurement Article, §§12-101 and 14-101—14-108; Annotated Code of Maryland;
Ch. 415, Acts of 2015; Ch. 313, Acts of 2016

Regulation .01B amended effective March 8, 1999 (26:5 Md. R. 394); March 13, 2006 (33:5 Md. R. 523); February 23, 2009 (36:4 Md. R. 355); April 28, 2014 (41:8 Md. R. 473); March 11, 2019 (46:5 Md. R. 310); September 18, 2023 (50:18 Md. R. 800)

Regulation .02B amended effective February 23, 2009 (36:4 Md. R. 355)

Regulation .02F adopted effective January 2, 1995 (21:26 Md. R. 2192); September 18, 2023 (50:18 Md. R. 800)

Regulation .02F amended effective December 25, 2000 (27:25 Md. R. 2284); February 23, 2009 (36:4 Md. R. 355)

Regulation .03 amended effective September 18, 2023 (50:18 Md. R. 800)

Regulation .04 amended effective March 8, 1999 (26:5 Md. R. 394); March 13, 2006 (33:5 Md. R. 523); March 11, 2019 (46:5 Md. R. 310); September 18, 2023 (50:18 Md. R. 800)

Regulation .04C amended effective February 23, 2009 (36:4 Md. R. 355); April 28, 2014 (41:8 Md. R. 473)

Regulation .04 Q, R amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .04S adopted effective March 3, 2025 (52:4 Md. R. 221)

Regulation .05 amended effective March 8, 1999 (26:5 Md. R. 394); September 18, 2023 (50:18 Md. R. 800)

Regulation .06 amended effective March 8, 1999 (26:5 Md. R. 394)

Regulation .06A amended effective September 18, 2023 (50:18 Md. R. 800)

Regulation .06F adopted effective March 3, 2025 (52:4 Md. R. 221)

Regulation .07 amended effective March 8, 1999 (26:5 Md. R. 394); March 13, 2006 (33:5 Md. R. 523)

Regulation .07A amended effective April 28, 2014 (41:8 Md. R. 473); June 29, 2020 (47:13 Md. R. 643)

Regulation .07B amended effective September 18, 2023 (50:18 Md. R. 800)

Regulation .07C amended effective February 23, 2009 (36:4 Md. R. 355); March 11, 2019 (46:5 Md. R. 310)

Regulation .07D amended effective September 18, 2023 (50:18 Md. R. 800)

Regulation .08 amended effective February 23, 2009 (36:4 Md. R. 355)

Regulation .08A, B amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .08C adopted effective March 3, 2025 (52:4 Md. R. 221)

Regulation .08B amended effective March 13, 2006 (33:5 Md. R. 523)

Regulation .09 amended effective February 23, 2009 (36:4 Md. R. 355)