§ 13-109
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/md/state-finance-and-procurement/13-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§13–109.
(a)In this section, “small procurement” means a procurement for which:
(1)a unit spends $100,000 or less;
(2)a contractor provides services subject to § 11–202(3) of this article for expected annual revenues of $100,000 or less;
(3)the Department of General Services or the Department of Transportation is seeking to award a procurement contract for a construction with a value that is $200,000 or less;
(4)the Department of Natural Resources is seeking to award a procurement contract for capital projects or maintenance with a value that is $200,000 or less; or
(5)for purposes of administering Title 29, Subtitle 1 of the State Personnel and Pensions Article, the State Retirement Agency spends $100,000 or less during a fiscal year for:
(i)expenses related to independent medical evaluations by a physician; and
(ii)any expenses related to testimony by the physician at administrative hearings on behalf of the Agency.
(b)A unit may make small procurements in accordance with the regulations of primary procurement units.
(c)A primary procurement unit may not create a small procurement by artificial division of a procurement.
(d)Any regulation of a primary procurement unit to govern small procurements:
(1)shall provide for a simplified administrative procedure;
(2)shall be consistent with the basic intent of this Division II; and
(3)may not be disadvantageous economically to the State.
(e)At least every 3 years, the Board shall:
(1)review the prevailing costs of labor and materials; and
(2)if warranted by changes in cost, recommend to the General Assembly appropriate adjustments in the ceiling for a small procurement.
(f)If a primary procurement unit determines that a unit does not adhere to the established small procurement regulations, the primary procurement unit may limit or revoke a unit’s ability to conduct small procurements.