§ 11-203. Application of Division II; exceptions, construction with other law
West's Annotated Code of MarylandState Finance and ProcurementEffective: July 1, 2024 to September 30, 2026
Effective: July 1, 2024 to September 30, 2026
MD Code, State Finance and Procurement, § 11-203
§ 11-203. Application of Division II; exceptions, construction with other law
<Section effective July 1, 2024, until Oct. 1, 2026. See, also, section 11-203 effective until July 1, 2024, section 11-203 effective Oct. 1, 2026, until July 1, 2027, and section 11-203 effective July 1, 2027.>
(a) Except as provided in subsection (b) of this section, this Division II does not apply to:
(xi) the Department of Commerce, for negotiating and entering into private sector cooperative marketing projects that directly enhance promotion of Maryland and the tourism industry where there will be a private sector contribution to the project of not less than 50% of the total cost of the project, if the project is reviewed by the Attorney General and approved by the Secretary of Commerce or the Secretary's designee;
(xvii) the Department of General Services for the rehabilitation of a structure that is listed in or eligible for listing in the National Register of Historic Places, to the extent the procurement is necessary to preserve the historic fabric of the structure impacted by the rehabilitation, as determined by the Department of General Services in consultation with the Maryland Historical Trust;
(b)(1) The following provisions of this Division II apply to each procurement enumerated in subsection (a) of this section:
(4) The purchase of advisory services from the General Selection Board or the Transportation Selection Board under § 13-305 of this article shall be governed by the Maryland Architectural and Engineering Services Act.1
(c) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article and except for §§ 15-112 and 15-113 of this article, this Division II does not apply to the Maryland Stadium Authority.
(d) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article and except for § 15-113 of this article, this Division II does not apply to the Board of Trustees of the State Retirement and Pension System for:
(e)(1) In this subsection, “University” means the University System of Maryland, Morgan State University, or St. Mary's College of Maryland.
(3)(i) A procurement by a University or Baltimore City Community College shall comply with the policies and procedures developed by the University or Baltimore City Community College and approved by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly in accordance with:
(iv) At the election of the Board of Trustees of St. Mary's College of Maryland and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by St. Mary's College of Maryland after June 30, 2006.
(v) At the election of the Board of Trustees of Baltimore City Community College and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by Baltimore City Community College after June 30, 2021.
2. expenditures to manage, maintain, and enhance, in accordance with the management and investment policies adopted by the Board of Regents of the University System of Maryland, the value of gift and endowment assets received by the University System of Maryland in accordance with § 12-104(e) of the Education Article.
(f) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article and except for § 15-113 of this article, this Division II does not apply to Maryland 529 for:
(g) This Division II does not apply to a contract or grant awarded by a unit of State government to the Chesapeake Bay Trust for a project involving the restoration or protection of the Chesapeake Bay and other aquatic and land resources of the State.
(h)(1) Except as provided in paragraph (2) of this subsection, this division does not apply to a public-private partnership under Title 10A of this article.
(i)(1) Except as provided in paragraph (2) of this subsection, this Division II does not apply to the Maryland Corps Program established under Title 24, Subtitle 11 of the Education Article.
(j) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article, this Division II does not apply to the Maryland Thoroughbred Racetrack Operating Authority.
(k)(1) Except as provided in paragraph (2) of this subsection, this Division II does not apply to the West North Avenue Development Authority established under Title 12, Subtitle 7 of the Economic Development Article.
Credits
Added by Acts 1988, c. 48, § 2, eff. Oct. 1, 1988. Amended by Acts 1988, c. 49, § 1, eff. Oct. 1, 1988; Acts 1988, c. 368, § 1, eff. Oct. 1, 1988; Acts 1988, c. 698, § 2, eff. Oct. 1, 1988; Acts 1989, c. 89, § 1, eff. April 11, 1989; Acts 1992, c. 209, § 1, eff. July 1, 1992; Acts 1993, c. 196, §§ 1, 4, eff. July 1, 1993; Acts 1993, c. 555, § 1, eff. July 1, 1993; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1994, c. 4, § 1, eff. Feb. 28, 1994; Acts 1994, c. 468, § 1, eff. Oct. 1, 1994; Acts 1994, c. 544, §§ 1, 2, eff. Oct. 1, 1994; Acts 1994, c. 615, § 1, eff. June 1, 1994; Acts 1995, c. 119, § 1, eff. July 1, 1995; Acts 1995, c. 120, § 19, eff. July 1, 1995; Acts 1995, c. 139, § 1, eff. Oct. 1, 1995; Acts 1997, c. 548, § 1, eff. July 1, 1997; Acts 1999, c. 420, § 1, eff. July 1, 1999; Acts 1999, c. 515, § 1, eff. July 1, 1999; Acts 1999, c. 520, § 1, eff. July 1, 1999; Acts 2000, c. 61, § 1, eff. April 25, 2000; Acts 2001, c. 473, § 1, eff. Oct. 1, 2001; Acts 2002, c. 153, § 7, eff. July 1, 2002; Acts 2003, c. 21, §§ 1, 6, eff. April 8, 2003; Acts 2003, c. 266, § 1, eff. July 1, 2003; Acts 2003, c. 402, § 1, eff. Oct. 1, 2003; Acts 2003, c. 412, § 1, eff. July 1, 2003; Acts 2003, c. 471, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, c. 208, § 1, eff. July 1, 2004; Acts 2004, c. 273, § 2, eff. July 1, 2004; Acts 2004, c. 466, § 1, eff. July 1, 2004; Acts 2004, c. 485, § 1, eff. July 1, 2004; Acts 2004, c. 515, § 2, eff. July 1, 2006; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2005, c. 152, § 1, eff. Oct. 1, 2005; Acts 2005, c. 523, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 1, eff. April 8, 2006; Acts 2006, c. 255, § 1, eff. July 1, 2006; Acts 2007, c. 354, § 1, eff. June 1, 2007; Acts 2008, c. 307, § 1, eff. Oct. 1, 2008; Acts 2008, c. 635, § 1, eff. Oct. 1, 2008; Acts 2008, c. 636, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, §§ 1, 5, eff. April 14, 2009; Acts 2009, c. 197, § 1, eff. July 1, 2009; Acts 2009, c. 198, § 1, eff. July 1, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2010, c. 428, § 1, eff. May 4, 2010; Acts 2012, c. 450, § 1, eff. July 1, 2012; Acts 2012, 2nd Sp. Sess., c. 1, § 16; Acts 2013, c. 5, § 1, eff. July 1, 2013; Acts 2013, c. 43, § 5; Acts 2013, c. 73, § 1, eff. Oct. 1, 2013; Acts 2013, c. 74, § 1, eff. Oct. 1, 2013; Acts 2015, c. 22, § 5; Acts 2015, c. 296, § 1, eff. July 1, 2015; Acts 2016, c. 8, §§ 1, 5, eff. March 14, 2016; Acts 2016, c. 39, § 1, eff. July 1, 2016; Acts 2016, c. 65, § 1, eff. Oct. 1, 2016; Acts 2016, c. 66, § 1, eff. Oct. 1, 2016; Acts 2016, c. 580, § 1, eff. July 1, 2016; Acts 2016, c. 581, § 1, eff. July 1, 2016; Acts 2017, c. 62, § 6; Acts 2017, c. 108, § 1, eff. July 1, 2017; Acts 2017, c. 111, § 1, eff. July 1, 2017; Acts 2017, c. 267, § 1, eff. July 1, 2017; Acts 2017, c. 268, § 1, eff. July 1, 2017; Acts 2017, c. 588, § 1, eff. Oct. 1, 2017; Acts 2017, c. 589, § 1, eff. Oct. 1, 2017; Acts 2018, c. 12, § 6; Acts 2018, c. 322, § 1, eff. Oct. 1, 2018; Acts 2020, c. 20, § 5, eff. March 14, 2021; Acts 2020, c. 553, § 1, eff. July 1, 2022; Acts 2021, c. 2, § 1, eff. March 13, 2021; Acts 2021, c. 32, § 1, eff. March 14, 2021; Acts 2021, c. 732, § 1, eff. July 1, 2021; Acts 2022, c. 37, § 1, eff. June 1, 2022; Acts 2023, c. 49, § 2, eff. April 11, 2023; Acts 2023, c. 111, § 2, eff. June 1, 2023; Acts 2023, c. 113, § 1, eff. June 1, 2023; Acts 2023, c. 136, § 2, eff. July 1, 2023; Acts 2023, c. 206, § 1, eff. July 1, 2023; Acts 2023, c. 575, § 1, eff. July 1, 2023; Acts 2023, c. 576, § 1, eff. July 1, 2023.
Footnotes
State Finance and Procurement, § 13-301 et seq.
MD Code, State Finance and Procurement, § 11-203, MD STATE FIN & PROC § 11-203
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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