Code of Maryland Regulations Title 23 - BOARD OF PUBLIC WORKS
1. Purpose of Title 23 – Board of Public Works
Title 23 of COMAR establishes the rules and procedures governing the Board of Public Works (BPW) in Maryland.
The BPW is a constitutional body composed of three members:
The Governor (Chair)
The Comptroller of Maryland
The Treasurer of Maryland
The Board oversees state expenditures, contracts, and public works projects, ensuring that public funds are used properly and that state operations remain transparent and accountable.
2. Role and Authority of the Board
Title 23 outlines the authority and responsibilities of the BPW, which include:
Approving major contracts and expenditures: The BPW must authorize large purchases, construction contracts, and other financial commitments by state agencies.
Overseeing capital projects: Any state-funded construction, renovation, or infrastructure project is subject to BPW review and approval.
Approving leases and real property transactions: Leasing state property or acquiring real estate requires BPW authorization.
Reviewing policies of state agencies: The Board ensures agencies comply with financial and operational regulations.
Setting procedural rules: Title 23 gives BPW the ability to establish procedures for submitting requests, documentation, and approvals.
3. Organization and Meetings
The rules define how the Board operates:
Composition: Governor (Chair), Comptroller, Treasurer.
Voting: Decisions are generally made by majority vote of the three members.
Meetings:
Held at regular intervals as prescribed.
Notices must be provided in advance.
Minutes are recorded to maintain transparency.
Public Access: Meetings may allow public observation, subject to Maryland’s open meetings laws.
4. Procedures for Submitting Requests
State agencies must follow specific procedures under Title 23 when requesting BPW approval:
Submission of Requests:
Agencies submit detailed requests including project scope, budget, and justification.
Supporting Documentation:
Financial analysis
Engineering or architectural plans (for construction)
Legal reviews (if applicable)
Review by Staff:
The BPW staff reviews requests to ensure completeness, accuracy, and compliance with regulations.
Board Action:
Requests are placed on the agenda for approval, modification, or denial.
Recordkeeping:
Approved requests and decisions are documented in the BPW records.
5. Financial and Contract Oversight
Title 23 sets rules for financial accountability:
Contracts and Procurement:
Contracts exceeding certain monetary thresholds must receive BPW approval.
The Board ensures compliance with state procurement laws.
Payment Authorizations:
BPW approves large disbursements for construction, services, or equipment.
Audits and Reviews:
State agencies are accountable for expenditures approved by BPW.
Audits may be conducted to ensure compliance.
6. Real Property and Leases
BPW has authority over state-owned property, including:
Leasing office space or land
Selling or acquiring property
Approving real estate contracts
Rules ensure that:
All transactions are in the state’s best interest
Financial terms are fair and documented
Legal procedures are followed
7. Capital Projects
The Board is heavily involved in construction and infrastructure projects:
Reviewing project plans, costs, and timelines
Approving contracts for construction and renovation
Ensuring compliance with state building codes and regulations
Monitoring project completion and final payments
This ensures that public funds are properly invested in state facilities.
8. Administrative Procedures
Title 23 includes rules for the internal administration of BPW operations, including:
Agenda preparation for meetings
Submission deadlines for requests
Recordkeeping and documentation
Delegation of certain staff responsibilities to ensure efficiency
9. Overall Intent of Title 23
In essence, Title 23 – Board of Public Works ensures that:
Public funds in Maryland are used responsibly
Major contracts, expenditures, and projects are reviewed and approved transparently
State agencies follow consistent and accountable procedures
The Governor, Comptroller, and Treasurer jointly oversee financial and operational decisions
The rules provide the legal framework for BPW to operate efficiently, fairly, and in the public interest.
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