Maryland

Plain-language summary

Maryland's cooperative purchasing framework requires careful attention to scope. The statutory authority is Maryland State Finance and Procurement Article §13-110, which establishes Intergovernmental Cooperative Purchasing Agreements (ICPAs). The scope language in §13-110(c)(1) addresses 'each procurement contract for supplies or services' — construction is not explicitly named in the cooperative purchasing authority's operative scope. Maryland's implementing regulations (COMAR 21.05.09) provide detailed administration of ICPAs. COMAR 21.05.09.02 (Cooperative Purchasing Authorized) sets the basic authority — but subsection (B) contains an unambiguous and explicit exclusion: 'A primary procurement unit may NOT sponsor, conduct, or participate in an intergovernmental cooperative purchasing agreement for architectural or engineering services except when the procurement is conducted by the State, and pursuant to COMAR 21.12.' COMAR 21.05.09 is one of multiple Methods of Source Selection under COMAR 21.05.01.01; A&E services are listed separately as 'Architectural, engineering, and land surveying services qualification based selection under COMAR 21.12.' Maryland's active ICPA practice is robust. The Maryland Department of General Services (DGS) Office of State Procurement maintains a list of approved ICPAs. Recent approved ICPAs have included: Sourcewell for John Deere heavy construction equipment with related attachments and technology (August 2025); OMNIA for Caterpillar heavy equipment, parts, accessories, supplies, and related services; OMNIA for enterprise case management software; OMNIA for finance and budget operations; NASPO for various supplies/services. The notable practice pattern: when Maryland has used national cooperatives like OMNIA or Sourcewell for construction-adjacent items, the procurements have been for equipment (within the materiel scope) rather than construction services per se. ICPAs require written determinations under COMAR 21.05.09.04 that participation: (1) provides cost savings or promotes administrative efficiencies/intergovernmental cooperation; and (2) is not intended to evade the purposes of the procurement code. Approval by the primary procurement unit head is required under COMAR 21.05.09.05. Maryland public works construction is governed by separate provisions of the procurement code and is subject to the Maryland Prevailing Wage Act.

Key requirements

• →Md. State Finance and Procurement §13-110 establishes the statutory authority for Intergovernmental Cooperative Purchasing Agreements (ICPAs).
• →Scope language in §13-110(c)(1) addresses 'procurement contract for supplies or services' — construction is not explicitly named.
• →COMAR 21.05.09.02(B) EXPLICITLY EXCLUDES architectural and engineering services from cooperative purchasing (except when the procurement is conducted by the State, and pursuant to COMAR 21.12).
• →A&E services governed by separate qualification-based selection under COMAR 21.12 (Architectural, engineering, and land surveying services).
• →COMAR 21.05.09.04 written determination required before sponsoring or participating in an ICPA: (1) cost savings or administrative efficiencies, and (2) not intended to evade procurement code purposes.
• →COMAR 21.05.09.05: approval by the primary procurement unit head required before awarding or participating in an ICPA.
• →COMAR 21.05.09.07: public notice required if ICPA value to State is expected to exceed $25,000.
• →Maryland practice has used national cooperatives (OMNIA Partners, Sourcewell/NJPA) extensively for heavy construction EQUIPMENT, supplies, software, and consulting — these are equipment procurement under the materiel scope, not construction services.
• →Maryland Prevailing Wage Act applies to public works construction projects regardless of cooperative arrangement.
• →Construction contract change orders greater than $50,000 (but less than the Board approval threshold) require BPW review for the Departments of General Services, Transportation, Public Safety and Correctional Services, and the Maryland Port Commission.
• →DGS or DOT procures construction valued at $50,000 or more through Maryland's construction procurement framework.

Construction services

Maryland operates an active and sophisticated Intergovernmental Cooperative Purchasing Agreement (ICPA) program — but the cooperative pathway is statutorily and regulatorily scoped to supplies and services with an explicit construction-adjacent carve-out. State Finance and Procurement §13-110 establishes the ICPA authority for 'procurement contracts for supplies or services,' and COMAR 21.05.09.02(B) makes the exclusion explicit by prohibiting cooperative purchasing for architectural or engineering services except when conducted by the State. Maryland's actual ICPA practice illustrates the practical scope: national cooperatives like OMNIA Partners and Sourcewell are extensively used for HEAVY CONSTRUCTION EQUIPMENT (John Deere, Caterpillar), parts, accessories, supplies, software, and consulting services — but not for construction services themselves. Maryland public works construction is governed by separate procurement framework with its own competitive bidding requirements and is subject to the Maryland Prevailing Wage Act. National cooperative purchasing arrangements (OMNIA Partners, Region 14 ESC Texas) can be effectively utilized in Maryland for equipment, materials, supplies, and related ancillary services within the ICPA framework — but traditional construction services face structural friction. Maryland public agencies considering cooperative construction procurement should engage counsel early to evaluate whether the specific scope of work falls within the ICPA materiel/services scope or requires Maryland's separate construction procurement processes, and should obtain the required written determination and primary procurement unit head approval.