Md. Code Regs. 21.01.03.01-1

Current through Register Vol. 51, No. 22, November 1, 2024

Section 21.01.03.01-1 - Public Universities and Colleges

A. Except as provided in this regulation, the University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary's College of Maryland are exempt from applicability of this title and Division II of the State Finance and Procurement Article, Annotated Code of Maryland.

B. Applicable Provisions of State Finance and Procurement Article, Annotated Code of Maryland.

(1) The following provisions of State Finance and Procurement Article, Annotated Code of Maryland, apply to the University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary's College of Maryland:

(a) 11-205 (Collusion);

(b) §11-205.1 (Falsification, Concealment, etc., of Material Facts);

(c) §13-219 (Nondiscrimination Clause);

(d) §13-225 (Retainage);

(e) §15-226 (Prompt Payment of Subcontractors);

(f) Title 14, Subtitle 3 (Minority Business Enterprise Participation) and Subtitle 7 (Certified Local Farm Enterprise Program);

(g) Title 15, Subtitle 1 (Procurement Contract Administration);

(h) Title 16 (Suspension and Debarment of Contractors);

(i) Title 17, Subtitle 5 (eMaryland Marketplace - Use by Certain Persons); and

(j) 14-110(b) and (c) (Preferred Provider Reporting).

(2) State Finance and Procurement Article, Title 14, Subtitle 2 (Small Business Preference Program) applies to the University System of Maryland and Morgan State University.

C. The University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary's College of Maryland shall conduct procurements under procedures that promote the purposes stated in State Finance and Procurement Article, § 11-201, Annotated Code of Maryland.

D. The requirements of §§B and C of this regulation do not apply to:

(1) Procurement by the University System of Maryland, Morgan State University, Baltimore City Community College, or St. Mary's College of Maryland from:

(a) Another unit,

(b) A political subdivision of the State,

(c) An agency of a political subdivision of the State,

(d) A government, including the government of another state, of the United States, or of another country,

(e) An agency or political subdivision of a government, or

(f) A bistate, multistate, bicounty, or multicounty governmental agency;

(2) Procurement by the University System of Maryland, Morgan State University, Baltimore City Community College, or St. Mary's College of Maryland in support of enterprise activities for the purpose of:

(a) Direct resale,

(b) Remanufacture and subsequent resale, or

(c) Overseas programs; or

(3) Procurement by the University System of Maryland for:

(a) Services of managers to invest, in accordance with the management and investment policies adopted by the Board of Regents, gift and endowment assets received by the University in accordance with Education Article § 12-104(e), Annotated Code of Maryland; or

(b) Expenditures to manage, maintain, and enhance, in accordance with the management and investment policies adopted by the Board of Regents, the value of gifts and endowment assets received by the University in accordance with the Education Article § 12-104(e), Annotated Code of Maryland.

E. Before entering into a contract for services that exceeds $1,000,000 ($500,000 for Baltimore City Community College) or a contract for capital improvements with a value that exceeds $1,000,000 ($500,000 for Baltimore City Community College), the University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary's College of Maryland shall obtain the review and approval of the Board of Public Works by submitting an Action Agenda item pursuant to COMAR 21.02.01.05A(2)(d).

Md. Code Regs. 21.01.03.01-1

Regulation .01-1 adopted effective October 18, 1999 (26:21 Md. R. 1631)
Regulation .01-1 amended effective November 7, 2005 (32:22 Md. R. 1759); March 12, 2007 (34:5 Md. R. 562)
Regulation .01-1B amended effective 41:8 Md. R. 473, eff.4/28/2014
Regulation .01-1E amended effective 40:9 Md. R. 789, eff.5/13/2013 ; amended effective 50:18 Md. R. 800, eff. 9/18/2023