COMAR 101, FAR 101 and Board Policy 101 - PowerPoint PPT Presentation

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COMAR 101, FAR 101 and Board Policy 101

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Chapter 198/HB 91/SB 132 ... Chapter 268/HB 471/SB 489 ... Purpose: PK12 Public School Facility modernization, repair or construction ... – PowerPoint PPT presentation

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Title: COMAR 101, FAR 101 and Board Policy 101


1
COMAR 101, FAR 101 and Board Policy 101
  •  
  •  
  • Rick Gay, CPPO, RSBO
  • Baltimore County Public Schools
  • Mark Miller, CPPO
  • Wicomico County Public Schools
  • and Kathy Carmello
  • Harford County Public Schools
  • Green Street Panel

2
Seminar Objective
  • An overview of the Code of Maryland
  • Regulations, the Federal Acquisition
  • Regulations and various Board of
  • Education policy impacts on the school
  • business official. What is the difference
  • between a policy, regulation and law? This
  • session will explore recent legislative
  • initiatives and what their impact can and
  • will be on school boards.

3
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 State
  • procurement 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 of
  • competitive bidders or offerors, or limiting
    specified participation to a predetermined group
    of bidders or offerors for the purpose of
  • precluding 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

4
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 notforprofit 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 womanowned 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

5
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 minority
  • business enterprises as prime contractors
    requiring specified units to include information
    in a specified report to the Governors Office of
  • Minority Affairs concerning the participation of
    minority business enterprises as prime
    contractors or as subcontractors in specified
  • procurements 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 on
  • Fair Practices within 90 days after the end of
    the fiscal year.
  • EFFECTIVE OCTOBER 1, 2009
  •  
  • Chapter 283/SB 568

6
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 qscbS

7
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.

8
Federal Requirements in the use of ARRA Funds
  • Buy American
  • Department of Commerce
  • Davis Bacon
  • Department of Labor

9
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

10
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.

11
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

12
RESOURCES
  • MARYLAND GENERAL ASSEMBLY HOME PAGE -
    http//mlis.state.md.us/stat
  • PENDING LEGISLATION
  • LEGISLATION DETAILS
  •   
  • MARYLAND MANUAL ON-LINE - http//www.msa.md.gov/m
    sa/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/ed
    garReg/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
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