Except as otherwise expressly provided by law, this Division II applies to:
(1) each expenditure by a unit under a procurement contract;
(2) each procurement by a unit on behalf of another unit,
governmental agency, or other entity; and
(3) each procurement by a unit, even if a resulting procurement
contract will involve no expenditure by the State and will produce revenue for the
State, for services that are to be provided for the benefit of:
(i) State officials, State employees, or students at a State
facility, including a school, hospital, institution, or recreational facility;
(ii) clients or patients at a State hospital or State institution;
(iii) the public at a State recreational facility; or
(iv) the public at a State transportation facility or State higher
education facility, as required by the Board.
§11-203. IN EFFECT
(a) Except as provided in subsection (b) of this section, this Division II does
not apply to:
(1) procurement by:
(i) the Blind Industries and Services of Maryland;
(ii) the Maryland State Arts Council, for the support of the
arts;
(iii) the Maryland Health and Higher Educational Facilities
Authority, if no State money is to be spent on a procurement contract;
(iv) the Maryland Industrial Training Program or the
Partnership for Workforce Quality Program in the Department of Commerce, for
training services or programs for new or expanding businesses or industries or
businesses or industries in transition;
(v) the Maryland Food Center Authority, to the extent the
Authority is exempt under Title 10, Subtitle 2 of the Economic Development Article;
(vi) the Maryland Public Broadcasting Commission:
1. for services of artists for educational and cultural
television productions; or
2. when planning for or fulfilling the obligations of
grants or cooperative agreements that support the educational and cultural activities
of the Commission;
(vii) public institutions of higher education, for cultural,
entertainment, and intercollegiate athletic procurement contracts;
(viii) the Maryland State Planning Council on Developmental
Disabilities, for services to support demonstration, pilot, and training programs;
(ix) the Maryland Historical Trust for:
1. surveying and evaluating architecturally,
archeologically, historically, or culturally significant properties; and
2. other than as to architectural services, preparing
historic preservation planning documents and educational material;
(x) the University of Maryland, for Global Campus Overseas
Programs, if the University adopts regulations that:
1. establish policies and procedures governing
procurement for Global Campus Overseas Programs; and
2. promote the purposes stated in § 11-201(a) of this
subtitle;
(xi) the Department of Commerce, for negotiating and entering
into private sector cooperative marketing projects that directly enhance promotion of
Maryland and the tourism industry where there will be a private sector contribution
to the project of not less than 50% of the total cost of the project, if the project is
reviewed by the Attorney General and approved by the Secretary of Commerce or the
Secretary's designee;
(xii) the Rural Maryland Council;
(xiii) the Maryland State Lottery and Gaming Control Agency,
for negotiating and entering into private sector cooperative marketing projects that
directly enhance promotion of the Maryland State Lottery and its products, if the
cooperative marketing project:
1. provides a substantive promotional or marketing
value that the lottery determines acceptable in exchange for advertising or other
promotional activities provided by the lottery;
2. does not involve the advertising or other promotion
of alcohol or tobacco products; and
3. is reviewed by the Attorney General and approved
by the Maryland Lottery Director or the Director's designee;
(xiv) the Maryland Health Insurance Plan established under
Title 14, Subtitle 5 of the Insurance Article;
(xv) the Maryland Energy Administration, when negotiating or
entering into grants or cooperative agreements with private entities to meet federal
specifications or solicitation requirements related to energy conservation, energy
efficiency, or renewable energy projects that benefit the State;
(xvi) the Maryland Developmental Disabilities Administration
of the Maryland Department of Health for family and individual support services,
and individual family care services, as those terms are defined by the Maryland
Department of Health in regulation;
(xvii) the Department of General Services for the rehabilitation
of a structure that is listed in or eligible for listing in the National Register of Historic
Places, to the extent the procurement is necessary to preserve the historic fabric of
the structure impacted by the rehabilitation, as determined by the Department of
General Services in consultation with the Maryland Historical Trust;
(xviii) the Department of Natural Resources, for:
1. negotiating or entering into grants, agreements, or
partnerships with nonprofit entities related to conservation service opportunities;
and
2. negotiating or entering into pay-for-success
contracts in accordance with § 13-112.1 of this Division II; and
(xix) the State Archives for preservation, conservation, proper
care, restoration, and transportation of fine art or decorative art that is:
1. in the custody of the Commission on Artistic
Property; and
2. owned by or loaned to the State;
(2) procurement by a unit from:
(i) another unit;
(ii) a political subdivision of the State;
(iii) an agency of a political subdivision of the State;
(iv) a government, including the government of another state,
of the United States, or of another country;
(v) an agency or political subdivision of a government; or
(vi) a bistate, multistate, bicounty, or multicounty
governmental agency; or
(3) procurement in support of enterprise activities for the purpose of:
(i) direct resale; or
(ii) remanufacture and subsequent resale.
(b) (1) The following provisions of this Division II apply to each
procurement enumerated in subsection (a) of this section:
(i) § 11-205 of this subtitle ("Collusion");
(ii) § 10-204 of this article ("Approval for designated
contracts");
(iii) Title 12, Subtitle 2 of this article ("Supervision of Capital
Expenditures and Real Property Leases");
(iv) § 13-219 of this article ("Required clauses -
Nondiscrimination clause");
(v) § 13-221 of this article ("Disclosures to Secretary of State");
(vi) Title 12, Subtitle 4 of this article ("Policies and Procedures
for Exempt Units");
(vii) § 15-112 of this article ("Change orders");
(viii) § 15-113 of this article ("Liquidated damages policies and
reporting");
(ix) Title 16 of this article ("Suspension and Debarment of
Contractors"); and
(x) Title 17 of this article ("Special Provisions - State and
Local Subdivisions").
(2) A procurement by an entity listed in subsection (a)(1)(i) through
(xiii) and (xvii) of this section shall be made under procedures that promote the
purposes stated in § 11-201(a) of this subtitle.
(3) (i) A unit that procures human, social, or educational services
from an entity enumerated in subsection (a)(2) of this section shall publish in
eMaryland Marketplace notice of a procurement contract or an extension or renewal
of a procurement contract if:
1. the procurement contract, extension, or renewal
costs more than $50,000; and
2. the procurement is made for 3rd party clients
described in § 13-106 of this article.
(ii) The notice required under this paragraph shall be
published not more than 30 days after the execution and approval of the procurement
contract or the extension or renewal of the procurement contract.
(4) The purchase of advisory services from the General Selection
Board or the Transportation Selection Board under § 13-305 of this article shall be
governed by the Maryland Architectural and Engineering Services Act.
(c) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitles 3 and 8
of this article and except for §§ 15-112 and 15-113 of this article, this Division II does
not apply to the Maryland Stadium Authority.
(d) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this
article and except for § 15-113 of this article, this Division II does not apply to the
Board of Trustees of the State Retirement and Pension System for:
(1) services of managers to invest the assets of the State Retirement
and Pension System, including real and personal property;
(2) expenditures to manage, maintain, and enhance the value of the
assets of the State Retirement and Pension System in accordance with investment
guidelines adopted by the Board of Trustees;
(3) services related to the administration of the optional retirement
program under Title 30 of the State Personnel and Pensions Article;
(4) services related to the administration of the Postretirement
Health Benefits Trust Fund; and
(5) expenditures for the safe custody, domestic or global, of
investments as provided under § 21-123(f) of the State Personnel and Pensions
Article.
(e) (1) In this subsection, "University" means the University System of
Maryland, Morgan State University, or St. Mary's College of Maryland.
(2) Except as otherwise provided in this subsection, this Division II
does not apply to the University System of Maryland, Morgan State University, St.
Mary's College of Maryland, or Baltimore City Community College.
(3) (i) A procurement by a University or Baltimore City
Community College shall comply with the policies and procedures developed by the
University or Baltimore City Community College and approved by the Board of Public
Works and the Administrative, Executive, and Legislative Review Committee of the
General Assembly in accordance with:
1. § 12-112 of the Education Article for the University
System of Maryland;
2. § 14-109 of the Education Article for Morgan State
University;
3. § 14-405(f) of the Education Article for St. Mary's
College of Maryland; or
4. § 16-505.3 of the Education Article for Baltimore
City Community College.
(ii) 1. The review and approval of the Board of Public
Works shall be required for the following types of contracts with a value that exceeds
$1,000,000 for a University or $500,000 for Baltimore City Community College:
A. capital improvements; and
B. services.
2. In its review of a contract for services or capital
improvements with a value that exceeds $1,000,000, the Board of Public Works may
request the comments of the appropriate agencies, including the Department of
Budget and Management and the Department of General Services.
3. For Baltimore City Community College contracts
that are not subject to the review and approval of the Board of Public Works under
subsubparagraph 1 of this subparagraph:
A. contracts with a value of $100,000 or less shall be
reviewed and approved by the President of Baltimore City Community College or the
President's designee; and
B. contracts with a value that exceeds $100,000 but
does not exceed $500,000 shall be approved by the Board of Trustees of Baltimore
City Community College.
(4) The policies of a University or Baltimore City Community College
shall:
(i) to the maximum extent practicable, require the purchasing
of supplies and services in accordance with Title 14, Subtitle 1 of this article;
(ii) promote the purposes of the regulations adopted by the
Department of General Services governing the procurement of architectural and
engineering services;
(iii) promote the purposes of § 13-402 of the State Personnel
and Pensions Article;
(iv) to the maximum extent practicable, be similar to § 13-
218.1 of this article; and
(v) to the maximum extent practicable, require the
procurement of food in accordance with Title 14, Subtitle 7 of this article.
(5) (i) Except as provided in paragraph (7) of this subsection, the
following provisions of Division II of this article apply to a University and to
Baltimore City Community College:
1. § 11-205 of this subtitle ("Collusion");
2. § 11-205.1 of this subtitle ("Falsification,
concealment, etc., of material facts");
3. § 13-219 of this article ("Required clauses -
Nondiscrimination clause");
4. § 13-225 of this article ("Retainage");
5. Title 14, Subtitle 3 of this article ("Minority
Business Participation");
6. Title 14, Subtitle 7 of this article ("Certified Local
Farm and Fish Program");
7. Title 15, Subtitle 1 of this article ("Procurement
Contract Administration");
8. § 15-226 of this article ("Policy established; timing
of payments; notice upon nonpayment; disputes; appeals"); and
9. Title 16 of this article ("Suspension and Debarment
of Contractors").
(ii) Except as provided in paragraph (7) of this subsection,
Title 14, Subtitle 8 of this article ("Employee Stock Ownership Plan Preference
Program") applies to Morgan State University, St. Mary's College of Maryland, and
Baltimore City Community College.
(iii) If a procurement violates the provisions of this subsection
or policies adopted in accordance with this subsection, the procurement contract is
void or voidable in accordance with the provisions of § 11-204 of this subtitle.
(6) (i) The State Board of Contract Appeals shall have authority
over contract claims related to procurement contracts awarded by:
1. the University System of Maryland before July 1,
1999;
2. Morgan State University before July 1, 2004; and
3. Baltimore City Community College before July 1,
2021.
(ii) At the election of the Board of Regents of the University
System of Maryland and subject to the approval of the Board of Public Works, the
State Board of Contract Appeals shall have authority over contract claims related to
procurement contracts awarded by the University after June 30, 1999.
(iii) At the election of the Board of Regents of Morgan State
University and subject to the approval of the Board of Public Works, the State Board
of Contract Appeals shall have authority over contract claims related to procurement
contracts awarded by the University after June 30, 2004.
(iv) At the election of the Board of Trustees of St. Mary's
College of Maryland and subject to the approval of the Board of Public Works, the
State Board of Contract Appeals shall have authority over contract claims related to
procurement contracts awarded by St. Mary's College of Maryland after June 30,
2006.
(v) At the election of the Board of Trustees of Baltimore City
Community College and subject to the approval of the Board of Public Works, the
State Board of Contract Appeals shall have authority over contract claims related to
procurement contracts awarded by Baltimore City Community College after June 30,
2021.
(7) Except with regard to the provisions of § 15-113 of this article,
paragraphs (3), (4), and (5) of this subsection do not apply to:
(i) procurement by a University or Baltimore City Community
College from:
1. another unit;
2. a political subdivision of the State;
3. an agency of a political subdivision of the State;
4. a government, including the government of another
state, of the United States, or of another country;
5. an agency or political subdivision of a government;
or
6. a bistate, multistate, bicounty, or multicounty
governmental agency;
(ii) procurement by a University in support of enterprise
activities for the purpose of:
1. direct resale;
2. remanufacture and subsequent resale; or
3. procurement by the University for overseas
programs; or
(iii) procurement by the University System of Maryland for:
1. services of managers to invest, in accordance with
the management and investment policies adopted by the Board of Regents of the
University System of Maryland, gift and endowment assets received by the
University System of Maryland in accordance with § 12-104(e) of the Education
Article; or
2. expenditures to manage, maintain, and enhance, in
accordance with the management and investment policies adopted by the Board of
Regents of the University System of Maryland, the value of gift and endowment
assets received by the University System of Maryland in accordance with § 12-104(e)
of the Education Article.
(f) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this
article and except for § 15-113 of this article, this Division II does not apply to
Maryland 529 for:
(1) services of managers to invest the assets of the Maryland Senator
Edward J. Kasemeyer Prepaid College Trust in accordance with the comprehensive
investment plan adopted by the State Treasurer under § 18-1906 of the Education
Article; and
(2) expenditures to manage, maintain, and enhance the value of the
assets of the Maryland Senator Edward J. Kasemeyer Prepaid College Trust in
accordance with the comprehensive investment plan adopted by the State Treasurer
under § 18-1906 of the Education Article.
(g) This Division II does not apply to a contract or grant awarded by a unit
of State government to the Chesapeake Bay Trust for a project involving the
restoration or protection of the Chesapeake Bay and other aquatic and land resources
of the State.
(h) (1) Except as provided in paragraph (2) of this subsection, this
division does not apply to a public-private partnership under Title 10A of this article.
(2) To the extent otherwise required by law, the following provisions
of this division apply to a public-private partnership under Title 10A of this article:
(i) § 11-205 of this subtitle ("Collusion");
(ii) § 11-205.1 of this subtitle ("Falsification, concealment, etc.,
of material facts");
(iii) Title 12, Subtitle 4 of this article ("Policies and Procedures
for Exempt Units");
(iv) § 13-219 of this article ("Required clauses -
Nondiscrimination clause");
(v) § 15-113 of this article ("Liquidated damages policies and
reporting");
(vi) Title 17, Subtitle 1 of this article ("Security for
Construction Contracts");
(vii) Title 17, Subtitle 2 of this article ("Prevailing Wage Rates
- Public Work Contracts"); and
(viii) Title 18 of this article ("Living Wage").
(i) (1) Except as provided in paragraph (2) of this subsection, this
Division II does not apply to the Maryland Corps Program established under Title 24,
Subtitle 11 of the Education Article.
(2) The Maryland Corps Program established under Title 24, Subtitle
11 of the Education Article is subject to Title 14, Subtitle 3 and § 15-113 of this
article.
(j) Repealed.
(k) (1) Except as provided in paragraph (2) of this subsection, this
Division II does not apply to the West North Avenue Development Authority
established under Title 12, Subtitle 7 of the Economic Development Article.
(2) The West North Avenue Development Authority established
under Title 12, Subtitle 7 of the Economic Development Article is subject to Title 12,
Subtitle 4 and Title 14, Subtitle 3 of this article.
§11-203. // EFFECTIVE SEPTEMBER 30, 2026 PER CHAPTER 136 OF 2023 //
// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 736 AND 737 OF
2025 //
(a) Except as provided in subsection (b) of this section, this Division II does
not apply to:
(1) procurement by:
(i) the Blind Industries and Services of Maryland;
(ii) the Maryland State Arts Council, for the support of the
arts;
(iii) the Maryland Health and Higher Educational Facilities
Authority, if no State money is to be spent on a procurement contract;
(iv) the Maryland Industrial Training Program or the
Partnership for Workforce Quality Program in the Department of Commerce, for
training services or programs for new or expanding businesses or industries or
businesses or industries in transition;
(v) the Maryland Food Center Authority, to the extent the
Authority is exempt under Title 10, Subtitle 2 of the Economic Development Article;
(vi) the Maryland Public Broadcasting Commission:
1. for services of artists for educational and cultural
television productions; or
2. when planning for or fulfilling the obligations of
grants or cooperative agreements that support the educational and cultural activities
of the Commission;
(vii) public institutions of higher education, for cultural,
entertainment, and intercollegiate athletic procurement contracts;
(viii) the Maryland State Planning Council on Developmental
Disabilities, for services to support demonstration, pilot, and training programs;
(ix) the Maryland Historical Trust for:
1. surveying and evaluating architecturally,
archeologically, historically, or culturally significant properties; and
2. other than as to architectural services, preparing
historic preservation planning documents and educational material;
(x) the University of Maryland, for Global Campus Overseas
Programs, if the University adopts regulations that:
1. establish policies and procedures governing
procurement for Global Campus Overseas Programs; and
2. promote the purposes stated in § 11-201(a) of this
subtitle;
(xi) the Department of Commerce, for negotiating and entering
into private sector cooperative marketing projects that directly enhance promotion of
Maryland and the tourism industry where there will be a private sector contribution
to the project of not less than 50% of the total cost of the project, if the project is
reviewed by the Attorney General and approved by the Secretary of Commerce or the
Secretary's designee;
(xii) the Rural Maryland Council;
(xiii) the Maryland State Lottery and Gaming Control Agency,
for negotiating and entering into private sector cooperative marketing projects that
directly enhance promotion of the Maryland State Lottery and its products, if the
cooperative marketing project:
1. provides a substantive promotional or marketing
value that the lottery determines acceptable in exchange for advertising or other
promotional activities provided by the lottery;
2. does not involve the advertising or other promotion
of alcohol or tobacco products; and
3. is reviewed by the Attorney General and approved
by the Maryland Lottery Director or the Director's designee;
(xiv) the Maryland Health Insurance Plan established under
Title 14, Subtitle 5 of the Insurance Article;
(xv) the Maryland Energy Administration, when negotiating or
entering into grants or cooperative agreements with private entities to meet federal
specifications or solicitation requirements related to energy conservation, energy
efficiency, or renewable energy projects that benefit the State;
(xvi) the Maryland Developmental Disabilities Administration
of the Maryland Department of Health for family and individual support services,
and individual family care services, as those terms are defined by the Maryland
Department of Health in regulation;
(xvii) the Department of General Services for the rehabilitation
of a structure that is listed in or eligible for listing in the National Register of Historic
Places, to the extent the procurement is necessary to preserve the historic fabric of
the structure impacted by the rehabilitation, as determined by the Department of
General Services in consultation with the Maryland Historical Trust;
(xviii) the Department of Natural Resources, for:
1. negotiating or entering into grants, agreements, or
partnerships with nonprofit entities related to conservation service opportunities;
and
2. negotiating or entering into pay-for-success
contracts in accordance with § 13-112.1 of this Division II; and
(xix) the State Archives for preservation, conservation, proper
care, restoration, and transportation of fine art or decorative art that is:
1. in the custody of the Commission on Artistic
Property; and
2. owned by or loaned to the State;
(2) procurement by a unit from:
(i) another unit;
(ii) a political subdivision of the State;
(iii) an agency of a political subdivision of the State;
(iv) a government, including the government of another state,
of the United States, or of another country;
(v) an agency or political subdivision of a government; or
(vi) a bistate, multistate, bicounty, or multicounty
governmental agency; or
(3) procurement in support of enterprise activities for the purpose of:
(i) direct resale; or
(ii) remanufacture and subsequent resale.
(b) (1) The following provisions of this Division II apply to each
procurement enumerated in subsection (a) of this section:
(i) § 11-205 of this subtitle ("Collusion");
(ii) § 10-204 of this article ("Approval for designated
contracts");
(iii) Title 12, Subtitle 2 of this article ("Supervision of Capital
Expenditures and Real Property Leases");
(iv) § 13-219 of this article ("Required clauses -
Nondiscrimination clause");
(v) § 13-221 of this article ("Disclosures to Secretary of State");
(vi) Title 12, Subtitle 4 of this article ("Policies and Procedures
for Exempt Units");
(vii) § 15-112 of this article ("Change orders");
(viii) § 15-113 of this article ("Liquidated damages policies and
reporting");
(ix) Title 16 of this article ("Suspension and Debarment of
Contractors"); and
(x) Title 17 of this article ("Special Provisions - State and
Local Subdivisions").
(2) A procurement by an entity listed in subsection (a)(1)(i) through
(xiii) and (xvii) of this section shall be made under procedures that promote the
purposes stated in § 11-201(a) of this subtitle.
(3) (i) A unit that procures human, social, or educational services
from an entity enumerated in subsection (a)(2) of this section shall publish in
eMaryland Marketplace notice of a procurement contract or an extension or renewal
of a procurement contract if:
1. the procurement contract, extension, or renewal
costs more than $50,000; and
2. the procurement is made for 3rd party clients
described in § 13-106 of this article.
(ii) The notice required under this paragraph shall be
published not more than 30 days after the execution and approval of the procurement
contract or the extension or renewal of the procurement contract.
(4) The purchase of advisory services from the General Selection
Board or the Transportation Selection Board under § 13-305 of this article shall be
governed by the Maryland Architectural and Engineering Services Act.
(c) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitles 3 and 8
of this article and except for §§ 15-112 and 15-113 of this article, this Division II does
not apply to the Maryland Stadium Authority.
(d) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this
article and except for § 15-113 of this article, this Division II does not apply to the
Board of Trustees of the State Retirement and Pension System for:
(1) services of managers to invest the assets of the State Retirement
and Pension System, including real and personal property;
(2) expenditures to manage, maintain, and enhance the value of the
assets of the State Retirement and Pension System in accordance with investment
guidelines adopted by the Board of Trustees;
(3) services related to the administration of the optional retirement
program under Title 30 of the State Personnel and Pensions Article;
(4) services related to the administration of the Postretirement
Health Benefits Trust Fund; and
(5) expenditures for the safe custody, domestic or global, of
investments as provided under § 21-123(f) of the State Personnel and Pensions
Article.
(e) (1) In this subsection, "University" means the University System of
Maryland, Morgan State University, or St. Mary's College of Maryland.
(2) Except as otherwise provided in this subsection, this Division II
does not apply to the University System of Maryland, Morgan State University, St.
Mary's College of Maryland, or Baltimore City Community College.
(3) (i) A procurement by a University or Baltimore City
Community College shall comply with the policies and procedures developed by the
University or Baltimore City Community College and approved by the Board of Public
Works and the Administrative, Executive, and Legislative Review Committee of the
General Assembly in accordance with:
1. § 12-112 of the Education Article for the University
System of Maryland;
2. § 14-109 of the Education Article for Morgan State
University;
3. § 14-405(f) of the Education Article for St. Mary's
College of Maryland; or
4. § 16-505.3 of the Education Article for Baltimore
City Community College.
(ii) 1. The review and approval of the Board of Public
Works shall be required for the following types of contracts with a value that exceeds
$1,000,000 for a University or $500,000 for Baltimore City Community College:
A. capital improvements; and
B. services.
2. In its review of a contract for services or capital
improvements with a value that exceeds $1,000,000, the Board of Public Works may
request the comments of the appropriate agencies, including the Department of
Budget and Management and the Department of General Services.
3. For Baltimore City Community College contracts
that are not subject to the review and approval of the Board of Public Works under
subsubparagraph 1 of this subparagraph:
A. contracts with a value of $100,000 or less shall be
reviewed and approved by the President of Baltimore City Community College or the
President's designee; and
B. contracts with a value that exceeds $100,000 but
does not exceed $500,000 shall be approved by the Board of Trustees of Baltimore
City Community College.
(4) The policies of a University or Baltimore City Community College
shall:
(i) to the maximum extent practicable, require the purchasing
of supplies and services in accordance with Title 14, Subtitle 1 of this article;
(ii) promote the purposes of the regulations adopted by the
Department of General Services governing the procurement of architectural and
engineering services;
(iii) promote the purposes of § 13-402 of the State Personnel
and Pensions Article;
(iv) to the maximum extent practicable, be similar to § 13-
218.1 of this article; and
(v) to the maximum extent practicable, require the
procurement of food in accordance with Title 14, Subtitle 7 of this article.
(5) (i) Except as provided in paragraph (7) of this subsection, the
following provisions of Division II of this article apply to a University and to
Baltimore City Community College:
1. § 11-205 of this subtitle ("Collusion");
2. § 11-205.1 of this subtitle ("Falsification,
concealment, etc., of material facts");
3. § 13-219 of this article ("Required clauses -
Nondiscrimination clause");
4. § 13-225 of this article ("Retainage");
5. Title 14, Subtitle 3 of this article ("Minority
Business Participation");
6. Title 14, Subtitle 7 of this article ("Certified Local
Farm and Fish Program");
7. Title 15, Subtitle 1 of this article ("Procurement
Contract Administration");
8. § 15-226 of this article ("Policy established; timing
of payments; notice upon nonpayment; disputes; appeals"); and
9. Title 16 of this article ("Suspension and Debarment
of Contractors").
(ii) Except as provided in paragraph (7) of this subsection,
Title 14, Subtitle 8 of this article ("Employee Stock Ownership Plan Preference
Program") applies to Morgan State University, St. Mary's College of Maryland, and
Baltimore City Community College.
(iii) If a procurement violates the provisions of this subsection
or policies adopted in accordance with this subsection, the procurement contract is
void or voidable in accordance with the provisions of § 11-204 of this subtitle.
(6) (i) The State Board of Contract Appeals shall have authority
over contract claims related to procurement contracts awarded by:
1. the University System of Maryland before July 1,
1999;
2. Morgan State University before July 1, 2004; and
3. Baltimore City Community College before July 1,
2021.
(ii) At the election of the Board of Regents of the University
System of Maryland and subject to the approval of the Board of Public Works, the
State Board of Contract Appeals shall have authority over contract claims related to
procurement contracts awarded by the University after June 30, 1999.
(iii) At the election of the Board of Regents of Morgan State
University and subject to the approval of the Board of Public Works, the State Board
of Contract Appeals shall have authority over contract claims related to procurement
contracts awarded by the University after June 30, 2004.
(iv) At the election of the Board of Trustees of St. Mary's
College of Maryland and subject to the approval of the Board of Public Works, the
State Board of Contract Appeals shall have authority over contract claims related to
procurement contracts awarded by St. Mary's College of Maryland after June 30,
2006.
(v) At the election of the Board of Trustees of Baltimore City
Community College and subject to the approval of the Board of Public Works, the
State Board of Contract Appeals shall have authority over contract claims related to
procurement contracts awarded by Baltimore City Community College after June 30,
2021.
(7) Except with regard to the provisions of § 15-113 of this article,
paragraphs (3), (4), and (5) of this subsection do not apply to:
(i) procurement by a University or Baltimore City Community
College from:
1. another unit;
2. a political subdivision of the State;
3. an agency of a political subdivision of the State;
4. a government, including the government of another
state, of the United States, or of another country;
5. an agency or political subdivision of a government;
or
6. a bistate, multistate, bicounty, or multicounty
governmental agency;
(ii) procurement by a University in support of enterprise
activities for the purpose of:
1. direct resale;
2. remanufacture and subsequent resale; or
3. procurement by the University for overseas
programs; or
(iii) procurement by the University System of Maryland for:
1. services of managers to invest, in accordance with
the management and investment policies adopted by the Board of Regents of the
University System of Maryland, gift and endowment assets received by the
University System of Maryland in accordance with § 12-104(e) of the Education
Article; or
2. expenditures to manage, maintain, and enhance, in
accordance with the management and investment policies adopted by the Board of
Regents of the University System of Maryland, the value of gift and endowment
assets received by the University System of Maryland in accordance with § 12-104(e)
of the Education Article.
(f) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this
article and except for § 15-113 of this article, this Division II does not apply to
Maryland 529 for:
(1) services of managers to invest the assets of the Maryland Senator
Edward J. Kasemeyer Prepaid College Trust in accordance with the comprehensive
investment plan adopted by the State Treasurer under § 18-1906 of the Education
Article; and
(2) expenditures to manage, maintain, and enhance the value of the
assets of the Maryland Senator Edward J. Kasemeyer Prepaid College Trust in
accordance with the comprehensive investment plan adopted by the State Treasurer
under § 18-1906 of the Education Article.
(g) This Division II does not apply to a contract or grant awarded by a unit
of State government to the Chesapeake Bay Trust for a project involving the
restoration or protection of the Chesapeake Bay and other aquatic and land resources
of the State.
(h) (1) Except as provided in paragraph (2) of this subsection, this
division does not apply to a public-private partnership under Title 10A of this article.
(2) To the extent otherwise required by law, the following provisions
of this division apply to a public-private partnership under Title 10A of this article:
(i) § 11-205 of this subtitle ("Collusion");
(ii) § 11-205.1 of this subtitle ("Falsification, concealment, etc.,
of material facts");
(iii) Title 12, Subtitle 4 of this article ("Policies and Procedures
for Exempt Units");
(iv) § 13-219 of this article ("Required clauses -
Nondiscrimination clause");
(v) § 15-113 of this article ("Liquidated damages policies and
reporting");
(vi) Title 17, Subtitle 1 of this article ("Security for
Construction Contracts");
(vii) Title 17, Subtitle 2 of this article ("Prevailing Wage Rates
- Public Work Contracts"); and
(viii) Title 18 of this article ("Living Wage").
(i) (1) Except as provided in paragraph (2) of this subsection, this
Division II does not apply to the Maryland Corps Program established under Title 24,
Subtitle 11 of the Education Article.
(2) The Maryland Corps Program established under Title 24, Subtitle
11 of the Education Article is subject to Title 14, Subtitle 3 and § 15-113 of this
article.
§11-203. // EFFECTIVE JUNE 30, 2030 PER CHAPTERS 736 AND 737 OF 2025
//
(a) Except as provided in subsection (b) of this section, this Division II does
not apply to:
(1) procurement by:
(i) the Blind Industries and Services of Maryland;
(ii) the Maryland State Arts Council, for the support of the
arts;
(iii) the Maryland Health and Higher Educational Facilities
Authority, if no State money is to be spent on a procurement contract;
(iv) the Maryland Industrial Training Program or the
Partnership for Workforce Quality Program in the Department of Commerce, for
training services or programs for new or expanding businesses or industries or
businesses or industries in transition;
(v) the Maryland Food Center Authority, to the extent the
Authority is exempt under Title 10, Subtitle 2 of the Economic Development Article;
(vi) the Maryland Public Broadcasting Commission:
1. for services of artists for educational and cultural
television productions; or
2. when planning for or fulfilling the obligations of
grants or cooperative agreements that support the educational and cultural activities
of the Commission;
(vii) public institutions of higher education, for cultural,
entertainment, and intercollegiate athletic procurement contracts;
(viii) the Maryland State Planning Council on Developmental
Disabilities, for services to support demonstration, pilot, and training programs;
(ix) the Maryland Historical Trust for:
1. surveying and evaluating architecturally,
archeologically, historically, or culturally significant properties; and
2. other than as to architectural services, preparing
historic preservation planning documents and educational material;
(x) the University of Maryland, for Global Campus Overseas
Programs, if the University adopts regulations that:
1. establish policies and procedures governing
procurement for Global Campus Overseas Programs; and
2. promote the purposes stated in § 11-201(a) of this
subtitle;
(xi) the Department of Commerce, for negotiating and entering
into private sector cooperative marketing projects that directly enhance promotion of
Maryland and the tourism industry where there will be a private sector contribution
to the project of not less than 50% of the total cost of the project, if the project is
reviewed by the Attorney General and approved by the Secretary of Commerce or the
Secretary's designee;
(xii) the Rural Maryland Council;
(xiii) the Maryland State Lottery and Gaming Control Agency,
for negotiating and entering into private sector cooperative marketing projects that
directly enhance promotion of the Maryland State Lottery and its products, if the
cooperative marketing project:
1. provides a substantive promotional or marketing
value that the lottery determines acceptable in exchange for advertising or other
promotional activities provided by the lottery;
2. does not involve the advertising or other promotion
of alcohol or tobacco products; and
3. is reviewed by the Attorney General and approved
by the Maryland Lottery Director or the Director's designee;
(xiv) the Maryland Health Insurance Plan established under
Title 14, Subtitle 5 of the Insurance Article;
(xv) the Maryland Energy Administration, when negotiating or
entering into grants or cooperative agreements with private entities to meet federal
specifications or solicitation requirements related to energy conservation, energy
efficiency, or renewable energy projects that benefit the State;
(xvi) the Maryland Developmental Disabilities Administration
of the Maryland Department of Health for family and individual support services,
and individual family care services, as those terms are defined by the Maryland
Department of Health in regulation;
(xvii) the Department of General Services for the rehabilitation
of a structure that is listed in or eligible for listing in the National Register of Historic
Places, to the extent the procurement is necessary to preserve the historic fabric of
the structure impacted by the rehabilitation, as determined by the Department of
General Services in consultation with the Maryland Historical Trust;
(xviii) the Department of Natural Resources, for:
1. negotiating or entering into grants, agreements, or
partnerships with nonprofit entities related to conservation service opportunities;
and
2. negotiating or entering into pay-for-success
contracts in accordance with § 13-112.1 of this Division II; and
(xix) the State Archives for preservation, conservation, proper
care, restoration, and transportation of fine art or decorative art that is:
1. in the custody of the Commission on Artistic
Property; and
2. owned by or loaned to the State;
(2) procurement by a unit from:
(i) another unit;
(ii) a political subdivision of the State;
(iii) an agency of a political subdivision of the State;
(iv) a government, including the government of another state,
of the United States, or of another country;
(v) an agency or political subdivision of a government; or
(vi) a bistate, multistate, bicounty, or multicounty
governmental agency; or
(3) procurement in support of enterprise activities for the purpose of:
(i) direct resale; or
(ii) remanufacture and subsequent resale.
(b) (1) The following provisions of this Division II apply to each
procurement enumerated in subsection (a) of this section:
(i) § 11-205 of this subtitle ("Collusion");
(ii) § 10-204 of this article ("Approval for designated
contracts");
(iii) Title 12, Subtitle 2 of this article ("Supervision of Capital
Expenditures and Real Property Leases");
(iv) § 13-219 of this article ("Required clauses -
Nondiscrimination clause");
(v) § 13-221 of this article ("Disclosures to Secretary of State");
(vi) Title 12, Subtitle 4 of this article ("Policies and Procedures
for Exempt Units");
(vii) § 15-112 of this article ("Change orders");
(viii) § 15-113 of this article ("Liquidated damages policies and
reporting");
(ix) Title 16 of this article ("Suspension and Debarment of
Contractors"); and
(x) Title 17 of this article ("Special Provisions - State and
Local Subdivisions").
(2) A procurement by an entity listed in subsection (a)(1)(i) through
(xiii) and (xvii) of this section shall be made under procedures that promote the
purposes stated in § 11-201(a) of this subtitle.
(3) (i) A unit that procures human, social, or educational services
from an entity enumerated in subsection (a)(2) of this section shall publish in
eMaryland Marketplace notice of a procurement contract or an extension or renewal
of a procurement contract if:
1. the procurement contract, extension, or renewal
costs more than $50,000; and
2. the procurement is made for 3rd party clients
described in § 13-106 of this article.
(ii) The notice required under this paragraph shall be
published not more than 30 days after the execution and approval of the procurement
contract or the extension or renewal of the procurement contract.
(4) The purchase of advisory services from the General Selection
Board or the Transportation Selection Board under § 13-305 of this article shall be
governed by the Maryland Architectural and Engineering Services Act.
(c) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this
article and except for §§ 15-112 and 15-113 of this article, this Division II does not
apply to the Maryland Stadium Authority.
(d) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this
article and except for § 15-113 of this article, this Division II does not apply to the
Board of Trustees of the State Retirement and Pension System for:
(1) services of managers to invest the assets of the State Retirement
and Pension System, including real and personal property;
(2) expenditures to manage, maintain, and enhance the value of the
assets of the State Retirement and Pension System in accordance with investment
guidelines adopted by the Board of Trustees;
(3) services related to the administration of the optional retirement
program under Title 30 of the State Personnel and Pensions Article;
(4) services related to the administration of the Postretirement
Health Benefits Trust Fund; and
(5) expenditures for the safe custody, domestic or global, of
investments as provided under § 21-123(f) of the State Personnel and Pensions
Article.
(e) (1) In this subsection, "University" means the University System of
Maryland, Morgan State University, or St. Mary's College of Maryland.
(2) Except as otherwise provided in this subsection, this Division II
does not apply to the University System of Maryland, Morgan State University, St.
Mary's College of Maryland, or Baltimore City Community College.
(3) (i) A procurement by a University or Baltimore City
Community College shall comply with the policies and procedures developed by the
University or Baltimore City Community College and approved by the Board of Public
Works and the Administrative, Executive, and Legislative Review Committee of the
General Assembly in accordance with:
1. § 12-112 of the Education Article for the University
System of Maryland;
2. § 14-109 of the Education Article for Morgan State
University;
3. § 14-405(f) of the Education Article for St. Mary's
College of Maryland; or
4. § 16-505.3 of the Education Article for Baltimore
City Community College.
(ii) 1. The review and approval of the Board of Public
Works shall be required for the following types of contracts with a value that exceeds
$1,000,000 for a University or $500,000 for Baltimore City Community College:
A. capital improvements; and
B. services.
2. In its review of a contract for services or capital
improvements with a value that exceeds $1,000,000, the Board of Public Works may
request the comments of the appropriate agencies, including the Department of
Budget and Management and the Department of General Services.
3. For Baltimore City Community College contracts
that are not subject to the review and approval of the Board of Public Works under
subsubparagraph 1 of this subparagraph:
A. contracts with a value of $100,000 or less shall be
reviewed and approved by the President of Baltimore City Community College or the
President's designee; and
B. contracts with a value that exceeds $100,000 but
does not exceed $500,000 shall be approved by the Board of Trustees of Baltimore
City Community College.
(4) The policies of a University or Baltimore City Community College
shall:
(i) to the maximum extent practicable, require the purchasing
of supplies and services in accordance with Title 14, Subtitle 1 of this article;
(ii) promote the purposes of the regulations adopted by the
Department of General Services governing the procurement of architectural and
engineering services;
(iii) promote the purposes of § 13-402 of the State Personnel
and Pensions Article;
(iv) to the maximum extent practicable, be similar to § 13-
218.1 of this article; and
(v) to the maximum extent practicable, require the
procurement of food in accordance with Title 14, Subtitle 7 of this article.
(5) (i) Except as provided in paragraph (7) of this subsection, the
following provisions of Division II of this article apply to a University and to
Baltimore City Community College:
1. § 11-205 of this subtitle ("Collusion");
2. § 11-205.1 of this subtitle ("Falsification,
concealment, etc., of material facts");
3. § 13-219 of this article ("Required clauses -
Nondiscrimination clause");
4. § 13-225 of this article ("Retainage");
5. Title 14, Subtitle 3 of this article ("Minority
Business Participation");
6. Title 14, Subtitle 7 of this article ("Certified Local
Farm and Fish Program");
7. Title 15, Subtitle 1 of this article ("Procurement
Contract Administration");
8. § 15-226 of this article ("Policy established; timing
of payments; notice upon nonpayment; disputes; appeals"); and
9. Title 16 of this article ("Suspension and Debarment
of Contractors").
(ii) If a procurement violates the provisions of this subsection
or policies adopted in accordance with this subsection, the procurement contract is
void or voidable in accordance with the provisions of § 11-204 of this subtitle.
(6) (i) The State Board of Contract Appeals shall have authority
over contract claims related to procurement contracts awarded by:
1. the University System of Maryland before July 1,
1999;
2. Morgan State University before July 1, 2004; and
3. Baltimore City Community College before July 1,
2021.
(ii) At the election of the Board of Regents of the University
System of Maryland and subject to the approval of the Board of Public Works, the
State Board of Contract Appeals shall have authority over contract claims related to
procurement contracts awarded by the University after June 30, 1999.
(iii) At the election of the Board of Regents of Morgan State
University and subject to the approval of the Board of Public Works, the State Board
of Contract Appeals shall have authority over contract claims related to procurement
contracts awarded by the University after June 30, 2004.
(iv) At the election of the Board of Trustees of St. Mary's
College of Maryland and subject to the approval of the Board of Public Works, the
State Board of Contract Appeals shall have authority over contract claims related to
procurement contracts awarded by St. Mary's College of Maryland after June 30,
2006.
(v) At the election of the Board of Trustees of Baltimore City
Community College and subject to the approval of the Board of Public Works, the
State Board of Contract Appeals shall have authority over contract claims related to
procurement contracts awarded by Baltimore City Community College after June 30,
2021.
(7) Except with regard to the provisions of § 15-113 of this article,
paragraphs (3), (4), and (5) of this subsection do not apply to:
(i) procurement by a University or Baltimore City Community
College from:
1. another unit;
2. a political subdivision of the State;
3. an agency of a political subdivision of the State;
4. a government, including the government of another
state, of the United States, or of another country;
5. an agency or political subdivision of a government;
or
6. a bistate, multistate, bicounty, or multicounty
governmental agency;
(ii) procurement by a University in support of enterprise
activities for the purpose of:
1. direct resale;
2. remanufacture and subsequent resale; or
3. procurement by the University for overseas
programs; or
(iii) procurement by the University System of Maryland for:
1. services of managers to invest, in accordance with
the management and investment policies adopted by the Board of Regents of the
University System of Maryland, gift and endowment assets received by the
University System of Maryland in accordance with § 12-104(e) of the Education
Article; or
2. expenditures to manage, maintain, and enhance, in
accordance with the management and investment policies adopted by the Board of
Regents of the University System of Maryland, the value of gift and endowment
assets received by the University System of Maryland in accordance with § 12-104(e)
of the Education Article.
(f) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this
article and except for § 15-113 of this article, this Division II does not apply to
Maryland 529 for:
(1) services of managers to invest the assets of the Maryland Senator
Edward J. Kasemeyer Prepaid College Trust in accordance with the comprehensive
investment plan adopted by the State Treasurer under § 18-1906 of the Education
Article; and
(2) expenditures to manage, maintain, and enhance the value of the
assets of the Maryland Senator Edward J. Kasemeyer Prepaid College Trust in
accordance with the comprehensive investment plan adopted by the State Treasurer
under § 18-1906 of the Education Article.
(g) This Division II does not apply to a contract or grant awarded by a unit
of State government to the Chesapeake Bay Trust for a project involving the
restoration or protection of the Chesapeake Bay and other aquatic and land resources
of the State.
(h) (1) Except as provided in paragraph (2) of this subsection, this
division does not apply to a public-private partnership under Title 10A of this article.
(2) To the extent otherwise required by law, the following provisions
of this division apply to a public-private partnership under Title 10A of this article:
(i) § 11-205 of this subtitle ("Collusion");
(ii) § 11-205.1 of this subtitle ("Falsification, concealment, etc.,
of material facts");
(iii) Title 12, Subtitle 4 of this article ("Policies and Procedures
for Exempt Units");
(iv) § 13-219 of this article ("Required clauses -
Nondiscrimination clause");
(v) § 15-113 of this article ("Liquidated damages policies and
reporting");
(vi) Title 17, Subtitle 1 of this article ("Security for
Construction Contracts");
(vii) Title 17, Subtitle 2 of this article ("Prevailing Wage Rates
- Public Work Contracts"); and
(viii) Title 18 of this article ("Living Wage").
(i) (1) Except as provided in paragraph (2) of this subsection, this
Division II does not apply to the Maryland Corps Program established under Title 24,
Subtitle 11 of the Education Article.
(2) The Maryland Corps Program established under Title 24, Subtitle
11 of the Education Article is subject to Title 14, Subtitle 3 and § 15-113 of this
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