COMAR 101, FAR 101 and Board Policy 101

  

Rick Gay, CPPO, RSBO Baltimore County Public Schools

Mark Miller, CPPOWicomico County Public Schools

and Kathy CarmelloHarford County Public Schools &

Green Street Panel

Seminar Objective

An overview of the Code of MarylandRegulations, the Federal AcquisitionRegulations and various Board of Education policy impacts on the schoolbusiness official. What is the

differencebetween a policy, regulation and law?

Thissession will explore recent legislativeinitiatives and what their impact can

andwill be on school boards.

2009 Maryland Legislative Session*Chapter 198/HB 91/SB 132 DEPARTMENT OF GENERAL SERVICES – RENOVATION OF HISTORIC STRUCTURES – PROCUREMENT EXEMPTIONS

Exempting the renovation of specified historic structures by the Department of General Services from specified provisions of the Stateprocurement law.

EFFECTIVE JULY 1, 2009  *Chapter 216/SB 187/HB 124 STATE PROCUREMENT – BUNDLING OF PROCUREMENTS

Prohibiting a unit of State government subject to the State procurement law from bundling a procurement, limiting the number ofcompetitive bidders or offerors, or limiting specified participation to a predetermined group of bidders or offerors for the purpose ofprecluding or limiting participation by specified entities under specified circumstances; etc.

EFFECTIVE OCTOBER 1, 2009  *Chapter 293/HB 389/SB 611 MINORITY BUSINESS ENTERPRISE PROGRAM – PROHIBITIONS

Prohibiting persons who are required to use a certified minority business enterprise from engaging in specified acts when submitting abid or proposal or performing a contract under specified circumstances; and requiring the Governor’s Office of Minority Affairs to makeavailable a specified hotline for reporting violations of the Act.

EFFECTIVE OCTOBER 1, 2009  *Chapter 268/HB 471/SB 489 MINORITY BUSINESS ENTERPRISE CERTIFICATION – CAP ON PERSONAL NET WORTH

Requiring the amount of the cap on the personal net worth requirement for certification as a minority business enterprise to be adjustedannually in accordance with the Consumer Price Index; requiring the certification agency to evaluate specified data in conjunction withspecified committees of the General Assembly and the Office of the Attorney General; requiring the certification agency to make aspecified report; excluding the value of specified retirement funds from the calculation of personal net worth; etc.

EFFECTIVE OCTOBER 1, 2009

2009 Maryland Legislative Session*Chapter 677/HB 533 COOPERATIVE PURCHASING AGREEMENTS - REQUIREMENTS AND EXPANSION OF USE

Requiring that specified procurement contracts entered into by State and local entities include specified provisions that facilitate other

State, local, and not–for–profit entities to participate in the contracts; authorizing State and local entities to enter into specified agreements

for the cooperative or joint administration of programs with other State or local entities; authorizing local entities to participate in

specified State or local contracts if specified determinations are made; etc.

EFFECTIVE JUNE 1, 2009  *Chapter 223/HB 641/SB 211 MINORITY BUSINESS ENTERPRISE PROGRAM – PARTICIPATION BY RACE OR GENDER

Authorizing a woman who is also a member of an ethnic or racial minority group to be certified in that category in addition to the gender

category; authorizing a woman owned business to participate in individual procurement contracts as either a woman–owned business or a

Business owned by a member of an ethnic or racial minority group for specified purposes within the Minority Business Enterprise

Program; altering a definition under the Minority Business Enterprise Program; etc.

EFFECTIVE OCTOBER 1, 2009  Chapter 687/HB 644 PROCUREMENT – APPRENTICESHIP TRAINING PROGRAMS

Establishing a State Apprenticeship Training Fund in the Department of Labor, Licensing, and Regulation; requiring the Secretary of

Labor, Licensing, and Regulation to use the Fund to promote pre-apprenticeship and other workforce development programs in public

secondary schools and community colleges and to pay specified costs; requiring contractors and subcontractors awarded covered

contracts to provide written verification regarding training for covered crafts and make specified payments under specifiedcircumstances; etc.

EFFECTIVE OCTOBER 1, 2009  

2009 Maryland Legislative Session*Chapter 715/HB1297 PROCUREMENT – MINORITY BUSINESS ENTERPRISES – PRIME CONTRACTORS

Requiring the Board of Public Works to adopt regulations that promote and provide for the counting and reporting of certified minoritybusiness enterprises as prime contractors; requiring specified units to include information in a specified report to the Governor’s Office ofMinority Affairs concerning the participation of minority business enterprises as prime contractors or as subcontractors in specifiedprocurements; etc.

EFFECTIVE OCTOBER 1, 2009

*Chapter 328/HB 1336/SB 946 MINORITY BUSINESS ENTERPRISE PROGRAM – REPORT TO JOINT COMMITTEE ON FAIR PRACTICES

Requiring each unit of the State to submit a specified report regarding the Minority Business Enterprise Program to the Joint Committee onFair Practices within 90 days after the end of the fiscal year.

EFFECTIVE OCTOBER 1, 2009  *Chapter 283/SB 568 MINORITY BUSINESS ENTERPRISE PROGRAM – DIRECTORY OF MINORITY BUSINESS ENTERPRISES

Requiring a certain minority business certification agency to include in its directory certain minority business enterprises that, for certainreasons, have become ineligible for the Minority Business Enterprise Program.

EFFECTIVE OCTOBER 1, 2009  Chapter 587/SB0667/HB 289 ATTORNEY GENERAL – STATE LEGAL BUSINESS – HIRING COUNSEL

Increasing uniformity in exceptions to specified roles of the Attorney General or a designee of the Attorney General; and authorizing anofficer or unit of State government to employ or be represented by specified individuals under specified circumstances.

EFFECTIVE OCTOBER 1, 2009

ARRA TAX CREDIT BONDS PK12 Designated: $24.4 Billion

• Qualified Zone Academy Bonds (QZAB) $2 Billion Modernization and repair (cannot be used for new construction) Requires 10% private partnership

• Qualified School Construction Bonds $22 Billion ($11 Billion for 2009 and 2010) Purpose: PK12 Public School Facility modernization, repair or

construction• According to 26 USC § 54A, 100% of the proceeds should

be spent within 3 years of issuance of the bonds, and there should be a binding commitment with a third party to spend 10% of the proceeds within 6 months of issuance. This applies to qzab AND qscb’S

ARRA TAX CREDIT BONDS Build America Bonds

• No limit on its use, but only available for bond issues in 2009 and 2010

• Assist state and local governments in financing capital projects at lower borrowing costs to stimulate the economy and create jobs.

• States and local governments can issue Build America Bonds as taxable bonds in 2009 and 2010 to finance any capital expenditures for which they otherwise could issue tax-exempt governmental bonds.

• State and local governments receive a direct federal subsidy payment for a portion of their borrowing costs on Build America Bonds equal to 35 percent of the total coupon intrest paid to investors.

Federal Requirements in the use of ARRA Funds

Buy American• Department of Commerce

Davis Bacon• Department of Labor

Buy American Must comply with U.S. obligations under international agreements,

including the Free Trade Agreements (e.g. NAFTA) and the World Trade Orginaization Government Procurement Agreement (WTO GPA). These require the U.S. to waive Buy American restrictions and to treat products from those countries as if they were domestic.

This waiver applies when the prime contract has an estimated value of $7,443,000 or more. For subcontractors, the agreement with the prime contractor should include a FAR clause identifying whether the Buy American restriction is waived due to an international agreement.

Federal contractors can purchase iron, steel, and manufactured goods from countries with which we have a Trade Agreement (e.g., Canada, Mexico, Australia) or countries that are members of the WTO GPA (e.g., European Union members, Japan, and South Korea).

There are no agreements with Brazil, China, or India

Davis Bacon Workers must be paid not less than the regionally adjusted prevailing

wages for particular work performed.

Workers must be paid not less than one and one-half times their basic rate of pay for all hours worked over 40 in a work week.

Because these are required, the enforcement involves local action at the RFP and contract stages of construction and also requires that evidence of compliance is reported.

Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.

PROFESSIONAL ORGANIZATIONS MARYLAND/DC ASBO – WWW.ASBO.ORG

ASBO INTERNATIONAL – WWW.ASBOINTL.ORG

NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING – WWW.NIGP.ORG

  MARYLAND PUBLIC PURCHASING ASSOCIATION –

WWW.MPPAINC.ORG

INSTITUTE FOR SUPPLY MANAGEMENT – WWW.ISM.WS

NAPM – MARYLAND – WWW.NAPMMD.ORG

RESOURCESMARYLAND GENERAL ASSEMBLY HOME PAGE - http://mlis.state.md.us/#stat

• PENDING LEGISLATION• LEGISLATION DETAILS

  MARYLAND MANUAL ON-LINE - http://www.msa.md.gov/msa/mdmanual/html/mmtoc.html

• MARYLAND CODE (STATUTES)• MARYLAND REGULATIONS (CoMAR) 

MD DEPT OF TRANSPORTATION MBE DIRECTORY - http://mbe.mdot.state.md.us/directory/

EDUCATION DEPARTMENT GENERAL ADMINISTRATIVE REGULATIONS - http://www.ed.gov/policy/fund/reg/edgarReg/edgar.html

 DAVIS BACON (FEDERAL PREVAILING WAGE) -http://www.gpo.gov/davisbacon/

MD DIVISION OF LABOR –PREVAILING WAGE - http://www.dllr.state.md.us/labor/prev.html