§ 12-107
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§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 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 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. telecommunication equipment, systems, or services, as provided in Title 3.5, Subtitle 4 of this article;
11. information technology system modernization, as provided in Title 3.5, Subtitle 3 of this article; and
12. cybersecurity upgrades and modernization, as provided in Title 3.5, Subtitle 3 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, including working with the State Department of Education to procure local food for local school systems in accordance with § 7–136 of the Education 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)supplies for transportation–related activities, including information technology supplies that are subject to Title 3.5 of this article, but excluding:
1. supplies funded by the proceeds from State general obligation bonds; and
2. insurance;
(v)services for transportation–related activities, including information technology services that are subject to Title 3.5 of this article, but excluding banking and financial services under the authority of the State Treasurer under item
(1)of this subsection;
(vi)rolling stock and other property peculiar to the operation of a transit system, as provided in § 7–403 of the Transportation Article;
(vii)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
(viii)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.