Maryland Code, STATE FINANCE AND PROCUREMENT 12-107
Terms Used In Maryland Code, STATE FINANCE AND PROCUREMENT 12-107
- including: means includes or including by way of illustration and not by way of limitation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Oversight: Committee review of the activities of a Federal agency or program.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) Subject to the authority of the Board, jurisdiction over procurement is as follows:
(1) the State Treasurer may engage in or control procurement of banking and financial services, insurance, and insurance services, as provided in Division I of this article and Article VI, § 3 of the Maryland Constitution;
(2) the Department of General Services may:
(i) engage in or control procurement of:
1. leases of real property, including leases under Title 4, Subtitle 3 of this article;
2. supplies, including supplies under Title 4, Subtitle 3 of this article, but excluding insurance, information processing equipment, and motor vehicle leases;
3. construction, including construction under Title 4, Subtitle 4 of this article;
4. construction related services, including those under Title 4, Subtitle 4 of this article;
5. architectural or engineering services under Title 13, Subtitle 3 of this article;
6. services by a unit, subject to any limitation in this Division II;
7. leases of motor vehicles, as provided in Title 3, Subtitle 5 of this article;
8. construction and construction-related services for State correctional facilities;
9. supplies, materials, and equipment in support of construction and construction-related services for State correctional facilities in accordance with this Division II and Title 2 and Title 10, Subtitle 1 of the Correctional Services Article;
10. information processing equipment and associated services, as provided in Title 3.5, Subtitle 3 of this article; and
11. telecommunication equipment, systems, or services, as provided in Title 3.5, Subtitle 4 of this article;
(ii) while retaining oversight, delegate control of procurement activity to units with expertise in specified types of procurement;
(iii) develop performance metrics for procurement activity and implement strategic sourcing when appropriate;
(iv) compile comprehensive statistics on the procurement system by agency, amount, and type of procurement;
(v) effect and enhance communication on procurement matters, with an emphasis on disseminating information on current developments and advances in the management of the State procurement system;
(vi) assist units with questions regarding procurement policy;
(vii) oversee the implementation of procurement officer training;
(viii) oversee the implementation of appropriate risk analysis and insurance requirements for State procurement; and
(ix) coordinate with governmental entities and local entities to maximize use of intergovernmental purchasing agreements established in accordance with § 13-110 of this article;
(3) the Department of Transportation and the Maryland Transportation Authority, without the approval of any of the other primary procurement units, may engage in the procurement of:
(i) construction that is related to transportation, as provided in the Transportation Article;
(ii) construction related services that are related to transportation, as provided in the Transportation Article;
(iii) architectural or engineering services that are related to transportation, under Title 13, Subtitle 3 of this article;
(iv) rolling stock and other property peculiar to the operation of a transit system, as provided in § 7-403 of the Transportation Article;
(v) supplies for aeronautics related activities, including motor vehicles and information processing supplies, but excluding:
1. supplies funded by the proceeds from State general obligation bonds; and
2. insurance; and
(vi) services for aeronautics related activities, including information processing services, but excluding banking and financial services under the authority of the State Treasurer under item (1) of this subsection;
(4) the Maryland Port Commission, without the approval of any of the other primary procurement units, may engage in the procurement of:
(i) supplies for port related activities, including motor vehicles and information processing supplies, but excluding:
1. supplies funded by the proceeds from State general obligation bonds; and
2. insurance;
(ii) services for port related activities, including information processing services, but excluding banking and financial services under the authority of the State Treasurer under item (1) of this subsection;
(iii) construction and construction related services for a port facility as defined in § 6-101(e) of the Transportation Article;
(iv) port related architectural and engineering services under Title 13, Subtitle 3 of this article; and
(v) leases of real property for port related activities unless the lease payments are from the General Fund of the State; and
(5) the Department of General Services, without the approval of any other primary procurement unit, may engage in or control procurement of:
(i) information processing equipment, cloud computing equipment, and associated services, as provided in Title 3.5, Subtitle 3 of this article;
(ii) information technology system modernization, as provided in Title 3.5, Subtitle 3 of this article;
(iii) telecommunication equipment, systems, or services, as provided in Title 3.5, Subtitle 4 of this article; and
(iv) cybersecurity upgrades and modernization, as provided in Title 3.5, Subtitle 3 of this article.