1. A. Work Assignments.

   1. (1) After the Board of Public Works has approved the award of an indefinite quantity contract, work may be assigned to selected consultants in accordance with this section and other requirements of State procurement law.
   2. (2) The Procuring Agency and the consultant shall agree on the specific scope of services to be performed, the maximum hours or fees approved for the specific work assignment, and other matters pertinent to the work assignment.
   3. (3) The Procurement Agency and the consultant shall execute a work order subject to the terms and conditions of the original indefinite quantity contract and all additional agreed upon terms.
   4. (4) The Procurement Agency shall obtain all other approvals required by law.
   5. (5) A signed work order shall become a part of the contract.

2. B. Basis of Assignment Under Indefinite Quantity Contracts.

   1. (1) Work assignments may be rotated among firms receiving awards under an indefinite quantity contract starting in the order of the ranking of the firms during selection, unless the unit issuing the work assignment finds that:

      1. (a) The firm is unable to perform the assignment, lacks the capability in all respects to perform fully the contract requirements, or lacks the integrity or reliability that will assure good faith performance;
      2. (b) The hours or fees proposed by the firm for the services needed cannot successfully be negotiated to an amount the unit considers fair and reasonable;
      3. (c) Another firm has special experience or qualifications, including geographic proximity to the site for which services are needed, that make it in the State’s best interest to give the assignment to the other firm; or
      4. (d) Assignment to another firm would tend to balance to a greater extent, among firms on the indefinite quantity contract list being used, the fees paid or payable for work assignments previously issued.
      5. (e) If assignment in this manor conflicts with a federal funding requirement on a project, then the federal method for assignment shall be utilized.
   2. (2) If the unit finds that any of the circumstances listed in §C(1)(a) or (b) of this regulation exist, the next firm in the rotation shall be considered for the assignment as provided in §C(1) of this regulation.
   3. (3) If the unit finds that any of the circumstances listed in §C(1)(c) of this regulation exist, the unit shall issue the assignment to the firm considered to have the necessary special experience or qualifications.
   4. (4) If the unit finds that the circumstance listed in §C(1)(d) of this regulation exists, the unit may issue the work order to the firm which before that time has received work assignments worth the least amount in fees paid or payable under the indefinite quantity contract being used.

Authority: State Finance and Procurement Article, §13-112, Annotated Code of Maryland

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

Regulations .01A, .02A, .04C, and .09A amended as emergency provisions 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)

Regulations .01A, .02A, .04C, and .09A amended effective May 10, 1982 (9:9 Md. R. 912)

Regulations .01A, B; .02A; .03A; .08F; .09A; .10C; .11; .12B;.13C; and .14A amended effective April 1, 1986 (13:3 Md. R. 273)

Regulations .01—.03, .08, .11, .13, and .14 amended effective January 9, 1989 (15:27 Md. R. 3138)

Regulation .01B amended effective May 26, 2003 (30:10 Md. R. 669)

Regulation .01C amended effective September 26, 1983 (10:19 Md. R. 1696)

Regulation .01D 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 .02A amended effective May 26, 2003 (30:10 Md. R. 669)

Regulation .08A amended effective April 8, 1985 (12:7 Md. R. 708)

Regulation .09A amended effective May 26, 2003 (30:10 Md. R. 669)

Regulation .09D adopted effective April 8, 1985 (12:7 Md. R. 708)

Regulation .10 amended effective April 8, 1985 (12:7 Md. R. 708)

Regulation .10A amended effective September 26, 1983 (10:19 Md. R. 1696); November 7, 2005 (32:22 Md. R. 1759); April 7, 2008 (35:7 Md. R. 751)

Regulation .10B, C and .11I amended effective April 6, 1987 (14:7 Md. R. 834)

Regulation .11D, G amended effective December 25, 2000 (27:25 Md. R. 2284)

Regulation .11E amended effective April 8, 1985 (12:7 Md. R. 708)

Regulation .12A amended effective September 26, 1983 (10:19 Md. R. 1696)

Regulation .14A, B amended effective December 1, 1986 (13:24 Md. R. 2562)

Regulation .14C amended effective November 7, 2005 (32:22 Md. R. 1759) April 7, 2008 (35:7 Md. R. 751)

Chapter revised effective March 26, 2018 (45:6 Md. R. 321)