2010 Maryland Code
STATE FINANCE AND PROCUREMENT
TITLE 11 - DEFINITIONS; GENERAL PROVISIONS
Subtitle 1 - Definitions
Section 11-101 - Definitions.

§ 11-101. Definitions.
 

(a)  In general.- In this Division II the following words have the meanings indicated unless: 

(1) the context clearly requires a different meaning; or 

(2) a different definition is provided for a particular title or provision. 

(b)  Architectural services.-  

(1) "Architectural services" means professional or creative work that: 

(i) is performed in connection with the design and supervision of construction or landscaping; and 

(ii) requires architectural education, training, and experience. 

(2) "Architectural services" includes consultation, research, investigation, evaluation, planning, architectural design and preparation of related documents, and coordination of services that structural, civil, mechanical, and electrical engineers and other consultants provide. 

(3) "Architectural services" does not include construction inspection services or services provided in connection with an energy performance contract. 

(c)  Bid.- "Bid" means a response to an invitation for bids under § 13-103 of this article. 

(d)  Board.- "Board" means the Board of Public Works. 

(e)  Construction.-  

(1) "Construction" means the process of building, altering, improving, or demolishing an improvement to real property. 

(2) "Construction" includes any major work necessary to repair, prevent damage to, or sustain existing components of an improvement to real property. 

(3) "Construction" does not include the maintenance or routine operation of an existing improvement to real property, or activities related to an energy performance contract. 

(f)  Construction related services.-  

(1) "Construction related services" means feasibility studies, surveys, construction management, construction inspection, and similar efforts associated with construction or the acquisition of public improvements as defined in § 4-401(d) of this article. 

(2) "Construction related services" does not include services provided in connection with an energy performance contract. 

(g)  County.- "County" means a county of the State and, unless expressly provided otherwise, Baltimore City. 

(h)  Energy performance contract.- "Energy performance contract" means an agreement for the provision of energy services, including electricity, heating, ventilation, cooling, steam, or hot water, in which a person agrees to design, install, finance, maintain, or manage energy systems or equipment to improve the energy efficiency of a building or facility in exchange for a portion of the energy savings. 

(i)  Engineering services.-  

(1) "Engineering services" means professional or creative work that: 

(i) is performed in connection with any utility, structure, building, machine, equipment, or process; and 

(ii) requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences. 

(2) "Engineering services" includes consultation, investigation, evaluation, planning, design, and inspection of construction to interpret and ensure compliance with specifications and design within the scope of inspection services. 

(3) "Engineering services" does not include services provided in connection with an energy performance contract. 

(j)  Invitation for bids.- "Invitation for bids" means any document used for soliciting bids under § 13-103 of this article. 

(k)  Person.- "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. 

(l)  Primary procurement units.- "Primary procurement units" means: 

(1) the State Treasurer; 

(2) the Department of Budget and Management; 

(3) the Department of General Services; 

(4) the Department of Transportation; 

(5) the Department of Information Technology; 

(6) the University System of Maryland; 

(7) the Maryland Port Commission; 

(8) the Department of Public Safety and Correctional Services; 

(9) the Morgan State University; and 

(10) the St. Mary's College of Maryland. 

(m)  Procurement.-  

(1) "Procurement" means the process of: 

(i) leasing real or personal property as lessee; or 

(ii) buying or otherwise obtaining supplies, services, construction, construction related services, architectural services, engineering services, or services provided under an energy performance contract. 

(2) "Procurement" includes the solicitation and award of procurement contracts and all phases of procurement contract administration. 

(n)  Procurement contract.-  

(1) "Procurement contract" means an agreement in any form entered into by a unit for procurement. 

(2) "Procurement contract" does not include: 

(i) a collective bargaining agreement with an employee organization; 

(ii) an agreement with a contractual employee, as defined in § 1-101(d) of the State Personnel and Pensions Article; 

(iii) a Medicaid, Judicare, or similar reimbursement contract for which law sets: 

1. user or recipient eligibility; and 

2. price payable by the State; or 

(iv) a Medicaid contract with a managed care organization, as defined in § 15-101(e) of the Health - General Article as to which regulations adopted by the Department establish: 

1. recipient eligibility; 

2. minimum qualifications for managed care organizations; and 

3. criteria for enrolling recipients in managed care organizations. 

(o)  Procurement officer.- "Procurement officer" means an individual authorized by a unit to: 

(1) enter into a procurement contract; 

(2) administer a procurement contract; or 

(3) make determinations and findings with respect to a procurement contract. 

(p)  Proposal.- "Proposal" means a response to any solicitation other than an invitation for bids. 

(q)  Request for proposals.- "Request for proposals" means any document used for soliciting proposals. 

(r)  Responsible bidder or offeror.- "Responsible bidder or offeror" means a person who: 

(1) has the capability in all respects to perform fully the requirements for a procurement contract; and 

(2) possesses the integrity and reliability that will ensure good faith performance. 

(s)  Responsive bid.- "Responsive bid" means a bid that: 

(1) is submitted under § 13-103 of this article; and 

(2) conforms in all material respects to the invitation for bids. 

(t)  Services.-  

(1) Except as provided in paragraph (3) of this subsection, "services" means: 

(i) the labor, time, or effort of a contractor; and 

(ii) any product or report necessarily associated with the rendering of a service. 

(2) "Services" includes services provided by attorneys, accountants, physicians, consultants, and other professionals who are independent contractors. 

(3) "Services" does not include: 

(i) construction related services; 

(ii) architectural services; 

(iii) engineering services; or 

(iv) energy performance contract services. 

(u)  State.- "State" means: 

(1) a state, possession, territory, or commonwealth of the United States; or 

(2) the District of Columbia. 

(v)  State correctional facilities.-  

(1) "State correctional facilities" means correctional institutions, and all places of correctional confinement, that are located within the State of Maryland and are primarily operated by the Maryland State government. 

(2) "State correctional facilities" includes Patuxent Institution. 

(w)  Supplies.-  

(1) "Supplies" means: 

(i) insurance; 

(ii) tangible personal property; 

(iii) printing; and 

(iv) services necessarily associated with insurance or tangible personal property. 

(2) "Supplies" does not include: 

(i) an interest in real property; or 

(ii) tangible personal property acquired or used in connection with an energy performance contract. 

(x)  Unit.-  

(1) "Unit" means an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement contract. 

(2) "Unit" does not include: 

(i) a bistate, multistate, bicounty, or multicounty governmental agency; or 

(ii) a special tax district, sanitary district, drainage district, soil conservation district, water supply district, or other political subdivision of the State. 
 

[SF § 11-101; 1988, ch. 48, § 2; ch. 246, § 4; ch. 541, § 3; 1989, ch. 5, § 9; 1990, ch. 415, § 1; 1993, ch. 22, § 1; ch. 477; 1994, ch. 485; 1995, ch. 3, §§ 1, 22; ch. 500; 1996, ch. 10, § 21; ch. 347, § 15; ch. 349, § 13; ch. 352; 1997, ch. 14, § 1; ch. 114, § 1; 1998, ch. 21, § 9; 1999, ch. 684; 2004, ch. 25, § 5; 2006, chs. 255, 342; 2007, ch. 284; 2008, ch. 9, § 2; ch. 503; 2009, chs. 222, 223.]