.09 Environmentally Preferable Purchasing.

A. All procurement agencies shall purchase environmentally preferable products and services unless purchasing environmentally preferable products and services would limit or supersede any requirements under any provision of law or result in the purchase of products and services that:

(1) Do not perform adequately for the intended use;

(2) Exclude adequate competition; or

(3) Are not available at a reasonable price in a reasonable period of time.

B. Designations.

(1) The Maryland Green Purchasing Committee as established in State Finance and Procurement Article, §14-410, Annotated Code of Maryland, shall designate a single point of contact to advise State agencies, suppliers, and other interested parties on environmentally preferable purchasing issues.

(2) The head of each procurement agency shall designate an employee to be responsible for annually reviewing agency specifications currently used by the unit and, to the extent practicable:

(a) Adopt the environmentally preferable specifications established by the Maryland Green Purchasing Committee in §C of this regulation; and

(b) Revise the unit’s procurement specifications in accordance with State Finance and Procurement Article, §14-410, Annotated Code of Maryland.

C. Environmentally Preferable Purchasing Specifications.

(1) Publish and maintain, in electronic format available to the procurement agencies on the Department of General Services website, environmentally preferable specifications for products and services; and

(2) Periodically review and update the specifications to ensure the State is purchasing appropriate environmentally preferable products and services.