Md. Code Regs. 21.01.03.03

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

Section 21.01.03.03 - Organizational Applicability

A. Every State agency is subject to the provisions of these regulations unless expressly exempted by this title or by statute.

B. Specifically subject to these regulations are:

(1) Procurements by a State agency, 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:

(a) State officials, State employees, or students at a State facility, including a school, hospital, institution, or recreational facility;

(b) Clients or patients at a State hospital or State institution;

(c) The public at a State recreational facility;

(d) The public at a State transportation facility, unless a revenue-producing contract involves:

(i) A license, permit, or similar permission to use State facilities for activities related to the movement of passengers or goods, or for providing goods or services to passengers, patrons, or tenants at a transportation facility, or for advertising or promotional purposes; or

(ii) A lease of State property under State Finance and Procurement Article, Title 10, Subtitle 3, Annotated Code of Maryland; or

(e) The public at a State higher education facility unless a revenue-producing contract involves:

(i) Research contracts or grants sponsored by third parties,

(ii) Administration of intellectual property rights,

(iii) Housing, food, and related supply or service contracts for conference facilities, or

(iv) Permission for exhibitions or displays on campus property;

(2) Each procurement by a State agency on behalf of another governmental agency or other entity; and

(3) Procurements by the Executive Director of the Somers Cove Marina Commission of goods, services, capital improvements, design, and maintenance with an expected value exceeding $200,000.

Md. Code Regs. 21.01.03.03

Regulations .03Bamended 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 .03B amended effective March 5, 2012 (39:4 Md. R. 338); amended effective 50:18 Md. R. 800, eff. 9/18/2023