2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 12-107 - Authority of primary procurement units over procurement

§12-107.

(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 Budget and Management may control procurement of:

(i) services by a unit, subject to any limitation in this Division II; and

(ii) leases of motor vehicles, as provided in Title 3, Subtitle 5 of this article;

(3) the Department of General Services may engage in or control procurement of:

(i) leases of real property, including leases under Title 4, Subtitle 3 of this article;

(ii) supplies, including supplies under Title 4, Subtitle 3 of this article, but excluding insurance, information processing equipment, and motor vehicle leases;

(iii) construction, including construction under Title 4, Subtitle 4 of this article;

(iv) construction related services, including those under Title 4, Subtitle 4 of this article; and

(v) architectural or engineering services under Title 13, Subtitle 3 of this article;

(4) 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;

(5) 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;

(6) the Department of Public Safety and Correctional Services may, without the approval of any of the other primary procurement units:

(i) engage in the procurement of construction and construction related services for State correctional facilities; and

(ii) engage in the procurement of 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; and

(7) the Department of Information Technology may control procurement of:

(i) information processing equipment and associated services, as provided in Title 3A, Subtitle 3 of this article; and

(ii) telecommunication equipment, systems, or services, as provided in Title 3A, Subtitle 4 of this article.