§ 12-107. Authority of primary procurement units over procurement

MD State Fin & Pro Code § 12-107 (2019) (N/A)
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(a)    This section does not apply to capital expenditures by the Department of Transportation or the Maryland Transportation Authority, in connection with State roads, bridges, or highways, as provided in § 12–202 of this title.

(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; and

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 3A, Subtitle 3 of this article; and

11.    telecommunication equipment, systems, or services, as provided in Title 3A, 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; and

(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.