Md. Code Regs. 21.01.03.01

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

Section 21.01.03.01 - Exemptions

A. The following are exempt from applicability of this title:

(1) Reimbursement contracts (Judicare, Medicaid, Medicare, or similar reimbursement contracts) for which user eligibility and cost are set by law or by rules and regulations;

(2) Collective bargaining agreements with employee organizations (labor contracts);

(3) Purchase of land, and a permanent or temporary interest in land;

(4) Contracts or like business agreements between a State agency and:

(a) Another State agency, except as provided under COMAR 21.05.12.02B;

(b) An agency or political subdivision of the State or other governments, except as provided under COMAR 21.05.12.02B;

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

(d) A bistate, multistate, bicounty, or multicounty governmental agency.

(5) Procurement by bistate or multistate governmental agencies;

(6) Procurement by bicounty or multicounty governmental agencies;

(7) Procurement by political subdivisions of the State, including counties, municipalities, sanitary districts, drainage districts, soil conservation districts, and water supply districts;

(8) Disposal of surplus or excess real or personal property;

(9) Procurement in support of enterprise activities for purposes of direct resale or remanufacture and subsequent resale;

(10) Agreements creating contractual employee relationships, as set forth in State Personnel and Pensions Article, § 13-101, Annotated Code of Maryland;

(11) Procurements by the Maryland State Planning Council on Developmental Disabilities for services to support demonstration, pilot, and training programs;

(12) Procurements by the Maryland State Arts Council for the promotion or support of the arts;

(13) The Blind Industries and Services of Maryland;

(14) The Maryland Health and Higher Educational Facilities Authority to the extent that no monies of the State are to be expended on a contract;

(15) The Maryland Higher Education Supplemental Loan Authority to the extent that no monies of the State are to be expended on a contract;

(16) The Maryland Industrial Training Program and the Partnership for Workforce Quality Program in the Department of Business and Economic Development for training services or programs for new or expanding businesses or industries or businesses or industries in transition;

(17) The Board of Trustees of the State Retirement and Pension System, except as provided by State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, and COMAR 21.11.03, for:

(a) Services of managers to invest the assets of the State Retirement and Pension System, including real and personal property;

(b) Expenditures to manage, maintain, and enhance the value of the assets of the State Retirement and Pension System in accordance with investments guidelines adopted by the Board of Trustees;

(c) Services related to the administration of the optional retirement program under State Personnel and Pensions Article, Title 30, Annotated Code of Maryland; and

(d) Expenditures for the safe custody, domestic or global, of investments as provided under State Personnel and Pensions Article, § 21-123(f), Annotated Code of Maryland;

(18) The Maryland Food Center Authority to the extent the Authority is exempt under Article 41, Title 13, Subtitle 1, Annotated Code of Maryland;

(19) The Maryland Public Broadcasting Commission:

(a) For artists' services for educational and cultural television productions; or

(b) When planning for or fulfilling the obligations of grants or cooperative agreements that support the educational and cultural activities of the Commission;

(20) Public institutions of higher education for cultural, entertainment, and intercollegiate athletic contracts;

(21) The Maryland Environmental Service except with respect to State Finance and Procurement Article, Title 14, Subtitle 3, and Titles 16 and 17, Annotated Code of Maryland, and the regulations adopted under these statutes;

(22) The Maryland Automobile Insurance Fund;

(23) The Maryland Historical Trust for:

(a) Surveying and evaluating architecturally, archaeologically, historically, or culturally significant properties; and

(b) Other than as to architectural services, preparing historic preservation planning documents and educational material;

(24) The University System of Maryland and Morgan State University, as set forth in Regulation .01-1 of this chapter.

(25) The Maryland Stadium Authority except as provided by State Finance and Procurement Article, Title 14, Subtitles 3 and 5, Annotated Code of Maryland, COMAR 21.11.03 and 21.11.01.06B;

(26) St. Mary's College of Maryland, as set forth in Regulation .01-1 of this chapter;

(27) The Department of Business and Economic Development, 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 percent of the total cost of the project, if the project is reviewed by the Attorney General and approved by the Secretary of Business and Economic Development or the Secretary's designee;

(28) The Rural Maryland Council;

(29) The Maryland State Lottery 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:

(a) Provides a substantive promotional or marketing value that the Lottery determines acceptable in exchange for advertising or other promotional activities provided by the Lottery;

(b) Does not involve advertising or promoting alcohol or tobacco products; and

(c) Is reviewed by the Attorney General and approved by the Maryland Lottery Director or the Director's designee;

(30) The Maryland Health Insurance Plan established under Insurance Article, Title 14, Subtitle 5, Annotated Code of Maryland;

(31) 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; and

(32) Except as provided by State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, and COMAR 21.11.03, the Maryland Developmental Disabilities Administration of the Department of Health and Mental Hygiene for family and individual support services, and individual family care services, as those terms are defined by the Department of Health and Mental Hygiene in COMAR Title 10;

(33) Except as provided by State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, and COMAR 21.11.03, the College Savings Plans of Maryland for:

(a) Services of managers to invest the assets of the Maryland Prepaid College Trust in accordance with the comprehensive investment plan adopted by the College Savings Plans of Maryland Board under Education Article, §18-906, Annotated Code of Maryland; and

(b) Expenditures to manage, maintain, and enhance the value of the assets of the Maryland Prepaid College Trust in accordance with the Comprehensive Investment Plan adopted by the College Savings Plans of Maryland Board under Education Article, §18-906, Annotated Code of Maryland;

(34) 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;

(35) The Department of General Services for the rehabilitation of a structure that

(a) Was built during the 18th or 19th century; and

(b) I 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 rehabilitations, as determined by the Department of General Services in consultation with the Maryland Historical Trust;

(35-1) The Department of Natural Resources, for negotiating or entering into grants, agreements, or partnerships with nonprofit entities related to conservation service opportunities;

(35-2) The Maryland Clean Energy Center, except as provided by State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland;

(35-3) The State Archives for preservation, conservation, proper care, restoration, and transportation of fine art or decorative art that is in the custody of the Commission on Artistic Property and owned by or loaned to the State;

(35-4) The Board of Trustees of the Maryland Teachers and State Employees Supplement Retirement Plans, except as provided in State Finance and Procurement Article, Title 12, Subtitle 4, and Title 14, Subtitle 3, Annotated Code of Maryland, for:

(a) Services of managers to invest the assets deposited and invested in investment options of the supplemental retirement plans in accordance with the statements of investment policy adopted by the Board of Trustees of the Maryland Teachers and State Employees Supplement Retirement Plans;

(b) Expenditures to manage, maintain, and enhance the value of assets deposited and invested in investment options of the supplemental retirement plans selected in accordance with the statements of investment policy adopted by the Board of Trustees of the Maryland Teachers and State Employees Supplement Retirement Plans from time to time; and

(c) Expenditures for the safe custody, domestic or global, of assets deposited and invested in investment options of the supplemental retirement plans selected in accordance with State Personnel and Pensions Article, § 35-302(b), Annotated Code of Maryland; and

(36) Other units that are specifically exempted by law.

B. The provisions of State Finance and Procurement Article, §§ 10-204, 11-205, 13-219, 13-221, § 15-112, Title 12, Subtitles 2 and 4, Title 16, and Title 17, Annotated Code of Maryland, apply to procurements referred to in §A(4), (9), (11)-(16), (18)-(20), (22)-(23), and (26)- (31) of this regulation. The provisions of State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, apply to all procurements referred to in §A of this regulation except §A(1)-(3), (4)(a) and (d), (5)-(8), (10), and (13) of this regulation.

C. The provisions of State Finance and Procurement Article, Title 12, Subtitle 4, Annotated Code of Maryland, apply to each unit with an exemption from any provision of Division II of the State Finance and Procurement Article except:

(1) The Maryland Health and Higher Educational Facilities Authority if no State money is to be spent on a procurement contract;

(2) Procurement pursuant to State Finance and Procurement Article, § 11-203(a)(2), Annotated Code of Maryland;

(3) The University System of Maryland;

(4) Morgan State University; and

(5) St. Mary's College of Maryland.

D. The provisions of State Finance and Procurement Article, § 17-502, Annotated Code of Maryland, apply to:

(1) A unit of State government;

(2) A county within the State;

(3) A municipality within the State;

(4) A bicounty or multicounty governmental agency;

(5) A special tax district, sanitary district, drainage district, soil conservation district, and water supply district;

(6) A public institution of higher education;

(7) A public school; and

(8) Each entity exempt from the provisions of State Finance and Procurement Article, Division II, Annotated Code of Maryland, except for the Maryland Health and Higher Educational Facilities Authority.

Md. Code Regs. 21.01.03.01

Regulations .01 amended as an emergency provision effective July 1, 1982 (9:15 Md. R. 1508); emergency status extended at 9:16 Md. R. 1601, 9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1982)
Regulation .01A amended effective July 29, 1985 (12:15 Md. R. 1526)
Regulation .01 amended effective January 26, 1998 (25:2 Md. R. 79); March 8, 1999 (26:5 Md. R. 393); October 18, 1999 (26:21 Md. R. 1631); November 7, 2005 (32:22 Md. R. 1759); March 12, 2007 (34:5 Md. R. 562); February 23, 2009 (36:4 Md. R. 355)
Regulation .01A amended effective April 7, 2008 (35:7 Md. R. 751); January 14, 2010 (37:1 Md. R. 15); February 7, 2011 (38:3 Md. R. 152)
Regulations .01 and C adopted effective March 13, 2006 (33:5 Md. R. 523); amended effective 46:5 Md. R. 310, eff. 3/11/2019; amended effective 47:13 Md. R. 643, eff. 6/29/2020; amended effective 50:18 Md. R. 800, eff. 9/18/2023