Sec. 21.05.09.04. Determinations Required

A. The procurement officer for a primary procurement unit shall make a determination in accordance with §B or C of this regulation before the primary procurement unit may:

(1) Initially sponsor or participate in an intergovernmental cooperative purchasing agreement;

(2) Renew an intergovernmental cooperative purchasing agreement; or

(3) Modify an intergovernmental cooperative purchasing agreement.

B. A determination under §A(1) of this regulation shall be in writing and include:

(1) Sufficient evidence that the intergovernmental cooperative purchasing agreement:

(a) Will provide cost benefits to the State; or

(b) Will promote administrative efficiencies, or promote intergovernmental cooperation; and

(2) A statement how the intergovernmental cooperative purchasing agreement:

(a) Is in the best interest of the State; and

(b) Is not intended as a means to evade the purposes set forth under COMAR 21.01.01.03.

C. A determination under §A(2) or (3) of this regulation shall be in writing and include:

(1) Sufficient evidence that the intergovernmental cooperative purchasing agreement:

(a) Will provide cost benefits to the State; and

(b) Will promote administrative efficiencies, or promote intergovernmental cooperation; and

(2) A statement how the intergovernmental cooperative purchasing agreement:

(a) Is in the best interest of the State; and

(b) Is not intended to evade the purposes set forth under COMAR 21.01.01.03.

D. A primary procurement unit shall post each determination required under this regulation on the primary procurement unit’s website before sponsoring, participating in, renewing, or modifying an intergovernmental cooperative purchasing agreement.