1. A. Requirements. The procedures for approval and reporting the award of a contract under sole source, emergency, or expedited situations are provided under COMAR 21.05.05 when there is only one source and COMAR 21.05.06 for all emergency and expedited procurements except for certain architectural services and engineering services which are governed by COMAR 21.12.02.

2. B. Annual Report of Sole Source, Emergency, and Expedited Procurements. Each Department shall prepare and submit an annual written report within 60 days following the close of the fiscal year to the Chief Procurement Officer of contracts awarded during the preceding fiscal year under sole source, emergency, or expedited procurement procedures (COMAR 21.05.05 and 21.05.06), whether the procurement was conducted by the Department or subject to review by the Department. The report shall, at a minimum:

   1. (1) Name each contractor;
   2. (2) State the amount and type of each contract;
   3. (3) Describe the supplies, services, maintenance, construction, or construction-related services procured or real property leased;
   4. (4) Describe the basis for the award;
   5. (5) Identify the Department or agency that awarded the contract;
   6. (6) Identify any agency official required to authorize the contract for award;
   7. (7) State the award date of the procurement contract and the final date of the contract term;
   8. (8) State the date the contract award notice was posted to eMaryland Marketplace; and

   9. (9) For procurements awarded under the emergency procurement method:

      1. (a) State the number of days between the agency declaration of an emergency procurement and the contract award date;
      2. (b) State the date of the emergency declaration; and
      3. (c) The date the award was reported to the Board.
3. C. The Chief Procurement Officer shall submit to the Governor, the Legislative Policy Committee, the Senate Budget and Taxation Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Appropriations Committee, the House Health and Government Operations Committee, and the Joint Audit and Evaluation Committee a consolidated report that includes each report required under §B of this regulation within 90 days following the close of the fiscal year. A report to the General Assembly or a committee of the General Assembly under this regulation is subject to State Government Article, §2-1257, Annotated Code of Maryland.

Authority: :Election Law Article, §§14-101 and 14-107; State Finance and Procurement Article, §§12-101, 13-207, 14-305, 14-505, 15-110, 15-111, and 17-104; Annotated Code of Maryland

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

Regulations .01B, .02, .03 and .04A 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)

Regulations .01B, .02, and .04 amended effective May 6, 1985 (12:9 Md. R. 817)

Regulation .01B, C amended effective April 7, 2008 (35:7 Md. R. 751)

Regulations .01—.03, .06 amended effective January 9, 1989 (15:27 Md. R. 3138)

Regulation .01 amended effective June 29, 2020 (47:13 Md. R. 643); September 5, 2022 (49:18 Md. R. 819)

Regulation .02 amended effective April 7, 2008 (35:7 Md. R. 751); September 5, 2022 (49:18 Md. R. 819)

Regulation .03 amended effective October 18, 1999 (26:21 Md. R. 1631); July 4, 2005 (32:13 Md. R. 1117); March 12, 2007 (34:5 Md. R. 562); June 29, 2020 (47:13 Md. R. 643); September 5, 2022 (49:18 Md. R. 819)

Regulation .03A amended effective July 15, 2019 (46:14 Md. R. 623)

Regulation .03A, B amended effective April 29, 2024 (51:8 Md. R. 369)

Regulation .03B amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .03D adopted effective March 3, 2025 (52:4 Md. R. 221)

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

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

Regulations .08 and .09 adopted effective January 9, 1989 (15:27 Md. R. 3138)

Regulation .08 amended effective April 7, 2008 (35:7 Md. R. 751); September 5, 2022 (49:18 Md. R. 819); September 18, 2023 (50:18 Md. R. 800)

Regulation .09 amended effective April 7, 2008 (35:7 Md. R. 751); June 29, 2020 (47:13 Md. R. 643)

Regulation .10 adopted effective March 13, 2006 (33:5 Md. R. 523)

Regulation .10 amended effective April 28, 2014 (41:8 Md. R. 473)

Regulation .11 adopted as an emergency provision effective March 31, 2007 (34:9 Md. R. 824); adopted permanently effective July 16, 2007 (Md. R. 1246)

Regulation .11 repealed effective March 16, 2015 (42:5 Md. R. 488)

Regulation .11A amended effective February 23, 2009 (36:4 Md. R. 355)

Regulation .12 adopted effective February 23, 2009 (36:4 Md. R. 355)

Regulation .12 repealed effective March 16, 2015 (42:5 Md. R. 488)

Regulation .13 adopted effective August 23, 2010 (37:17 Md. R. 1186)

Regulation .14 adopted effective March 5, 2012 (39:4 Md. R. 338)

Regulation .14A amended effective March 16, 2015 (42:5 Md. R. 488)

Regulation .14B amended effective September 18, 2023 (50:18 Md. R. 800)

Regulation .15 adopted effective July 23, 2012 (39:14 Md. R. 839)

Regulation .15 amended effective April 29, 2024 (51:8 Md. R. 369)

Regulation .16 adopted effective April 28, 2014 (41:8 Md. R. 473)

Regulation .17 adopted effective March 11, 2019 (46:5 Md. R. 310)

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