Subject: Climate & Sustainability Information
Issued: Feruary 18, 2026
Effective: July 1, 2026
Puprpose
To provide guidance to procurement agencies on information required to be included in Board of Public Works agenda action items related to climate and sustainability. This requirement applies solely to the approvals of certain contracts and leases, and not for future modifications, renewals, or extensions.
Background
It is in the public interest to understand how certain procurement contracts and leases entered into by units of state government comply with the state’s environmental, climate, and sustainability laws, regulations, and policies.
A. Agenda Requirement
For each agenda item presented to the Board by a unit covered by this advisory, the unit shall provide detail on how the procurement, if applicable, meets or contributes towards the State’s climate and sustainability goals, laws, regulations, and policies.
B. Units Covered
The following units of state government that conduct procurements or enter into contracts or leases as described in Section B of this advisory would be required to collect climate and sustainability information to be included as part of action agenda items for new contract award recommendations:
- Department of General Services
- Maryland Department of Transportation
- Maryland Stadium Authority
- University System of Maryland;
- Morgan State University;
- St. Mary’s College of Maryland; and
- Baltimore City Community College.
Exemptions outlined in the State Finance and Procurement Article and delegations from the Board of Public Works for units under this section supersede the requirements of this advisory.
C. Procurement Contracts & Leases Covered
The following categories of procurement contracts as defined by COMAR 21.01.02.01, are covered by the requirements of this advisory:
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Architectural Services
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Construction and Construction-Related Services
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Energy Performance
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Engineering Services
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Maintenance
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Tenant Leases
Contracts awarded through the Public-Private Partnership Program that are subject to the review and approval by the Board of Public Works, irrespective of procurement category, are covered by the requirements of this advisory.
Contracts awarded through emergency procurements are exempt from the requirements of this advisory.
Exemptions
Climate and sustainability information is required for recommended contract awards with an estimated base term dollar value that exceeds $1,000,000 for the following contract categories:
- architectural services
- engineering services
- energy performance
- maintenance
- construction and construction-related services
Climate and sustainability information is required for recommended tenant leases of 35,000 square feet or greater, where the State is the sole occupant.
Recommended contract awards for indefinite delivery/indefinite quantity contracts are not required to include climate and sustainability information.
D. Climate & Sustainability Information Guidance
To fulfill the requirements of this advisory, a unit may, when applicable, discuss in the agenda item:
- How the contract contributes to the state’s goal of net zero greenhouse gas emissions by 2045, as required in Environment Article §2–1204.2.
- How the contract contributes to the state’s goal of 100% clean energy by 2035, as outlined in Executive Order 01.01.2024.19.
- How the contract provides for Resilience and Adaptation to projected climate change and extreme weather events over the term or the useful life of the supplies or services.
- What products or services in the contract are environmentally preferable, as defined by the Maryland Green Purchasing Committee, or equivalent successor, as outlined in State Finance and Procurement Article §14-410.
- How the contract complies with the High Performance Green Building Program requirements, as outlined in State Finance and Procurement Article §3-602.1.
- How the contract or agreement is consistent with the building energy performance standards for projects that would be covered by the building energy performance standards under Environment Article §14-410.
A procurement agency may require information from bidders after issuing a notice of intent to award a contract to help meet the requirements of Section A.
Information provided by bidders/offerors under this section may not be used as a factor in
evaluating bids or proposals. Agencies are not required to validate climate and sustainability
information provided by bidders/ offerors. The information gathered from bidders/offerors may
only be used for the purpose of fulfilling the requirements of this advisory.
Secretary Item 24 (2/18/2026)
