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Statutes Text

Article - State Finance and Procurement




§12–101.

    (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)    (1)    The Board may control procurement by units.

        (2)    To implement the provisions of this Division II, the Board may:

            (i)    set policy;

            (ii)    adopt regulations, in accordance with Title 10, Subtitle 1 of the State Government Article; and

            (iii)    establish internal operational procedures consistent with this Division II.

        (3)    The Board shall ensure that the regulations of the primary procurement units provide for procedures that are consistent with this Division II and Title 13, Subtitle 4 of the State Personnel and Pensions Article and, to the extent the circumstances of a particular type of procurement or a particular unit do not require otherwise, are substantially the same.

        (4)    The Board may delegate any of its authority that it determines to be appropriate for delegation and may require prior Board approval for specified procurement actions.

        (5)    Except as limited by the Maryland Constitution, the Board may exercise any control authority conferred on a primary procurement unit by this Division II and, to the extent that its action conflicts with the action of the primary procurement unit, the action of the Board shall prevail.

        (6)    The Board, with the assistance of the Department of Budget and Management, shall compile comprehensive statistics on the procurement system by agency, amount, and type of procurement.

        (7)    The Board shall develop and submit to the General Assembly, in accordance with § 2–1257 of the State Government Article, an annual report on the procurement system that includes information on actions necessary to improve effective broad–based competition in procurement.



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