reglab/housing_qa huggingface dataset:
MD. State Finance and Procurement Code Ann. §  11-301 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 3 - State Contractor Employees' Whistleblower Protection|Section 11-301 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    (1)    “Employee” means any individual who performs services for, or under the control and direction of, an employer for wages or other remuneration.        (2)    “Employee” does not include an employee as defined in § 1-501(c)(1) of the Health Occupations Article.    (c)    (1)    “Employer” means a person engaged in a business, industry, profession, trade, or other enterprise that enters a procurement contract with a unit to provide supplies or services under this Division II.        (2)    “Employer” includes agents, contractors, and subcontractors of an employer.        (3)    “Employer” does not include a unit of State government subject to the provisions of Title 5, Subtitle 3 of the State Personnel and Pensions Article or the Judicial Branch of State government.
MD. State Finance and Procurement Code Ann. §  11-302 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 3 - State Contractor Employees' Whistleblower Protection|Section 11-302 - Written Notice to Employees

    An employer subject to this subtitle shall provide employees with written notice of the protections and remedies provided by this subtitle.
MD. State Finance and Procurement Code Ann. §  11-303 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 3 - State Contractor Employees' Whistleblower Protection|Section 11-303 - In General

    An employer may not take or refuse to take any personnel action as a reprisal against an employee because the employee:         (1)    discloses information that the employee reasonably believes evidences:            (i)    an abuse of authority, gross mismanagement, or gross waste of money;            (ii)    a substantial and specific danger to public health or safety; or            (iii)    a violation of law;        (2)    objects to or refuses to participate in any activity, policy, or practice in violation of law; or        (3)    following a disclosure under item (1) of this section, seeks a remedy provided under this subtitle.
MD. State Finance and Procurement Code Ann. §  11-304 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 3 - State Contractor Employees' Whistleblower Protection|Section 11-304 - Civil Actions

    (a)    Any employee who is subject to a personnel action in violation of § 11-303 of this subtitle may institute a civil action in the county where:        (1)    the alleged violation occurred;        (2)    the employee resides; or        (3)    the employer maintains its principal office in the State.    (b)    The action shall be brought within 1 year after the alleged violation of § 11-303 of this subtitle occurred or within 1 year after the employee first became aware of the alleged violation of § 11-303 of this subtitle.
MD. State Finance and Procurement Code Ann. §  11-305 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 3 - State Contractor Employees' Whistleblower Protection|Section 11-305 - Damages and Relief

    In any action brought under this subtitle, a court may:         (1)    issue an injunction to restrain continued violation of § 11-303 of this subtitle;        (2)    reinstate the employee to the same or an equivalent position held before the violation of § 11-303 of this subtitle;        (3)    remove any adverse personnel record entries based on or related to the violation of § 11-303 of this subtitle;        (4)    reinstate full fringe benefits and seniority rights;        (5)    require compensation for lost wages, benefits, and other remuneration;        (6)    award costs of litigation and reasonable attorney’s fees to the prevailing employee; and        (7)    award any other appropriate damages and relief.
MD. State Finance and Procurement Code Ann. §  11-306 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 11 - Definitions; General Provisions|Subtitle 3 - State Contractor Employees' Whistleblower Protection|Section 11-306 - Defenses

    In any action brought under this subtitle, it is a defense that the personnel action was based on grounds other than the employee’s exercise of any rights protected under this subtitle.
MD. State Finance and Procurement Code Ann. §  12-101 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 1 - State Procurement Organization|Section 12-101 - Authority of Board to Control Procurement

    (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.
MD. State Finance and Procurement Code Ann. §  12-103 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 1 - State Procurement Organization|Section 12-103 - Board Procurements

    (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)    Notwithstanding any delegation of authority under § 12-101 of this subtitle, the Board retains full authority to engage in procurement of services and supplies for itself.    (c)    By resolution, the Board may authorize a Board member or a unit to exercise all or any part of the authority of the Board for a specific Board procurement or for a particular class of Board procurements.
MD. State Finance and Procurement Code Ann. §  12-104 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 1 - State Procurement Organization|Section 12-104 - Procurement Contracts Outside United States

    (a)    Except as provided in subsection (b) of this section, the Board may modify or waive any requirement under this Division II for a procurement contract or a class of procurement contracts that is to be performed entirely outside the United States, or any lease of real property outside this State, to the extent that:        (1)    the purposes stated in § 11–201(a) of this article are fostered;        (2)    the circumstances require the modification or waiver; and        (3)    foreign or out–of–state contractors are expected to be involved in the procurement.    (b)    The Board may not modify or waive the following requirements:        (1)    § 14–404 of this article (“Coal in heating systems”);        (2)    Title 16, Subtitle 2 of this article (“Offenses Subject to Debarment”); and        (3)    Title 17 of this article (“Special Provisions –– State and Local Subdivisions”).
MD. State Finance and Procurement Code Ann. §  12-106 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 1 - State Procurement Organization|Section 12-106 - Other Advisory Bodies

    The Board may establish other advisory bodies.
MD. State Finance and Procurement Code Ann. §  12-108 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 1 - State Procurement Organization|Section 12-108 - Regulations of Primary Procurement Units

    (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 approval of the Board and under the coordination of the Governor, each of the primary procurement units shall:        (1)    adopt regulations to carry out this Division II;        (2)    send to the Board a copy of each proposed regulation under item (1) of this subsection; and        (3)    send to the Board a copy of each internal operating procedure that the primary procurement unit adopts.
MD. State Finance and Procurement Code Ann. §  12-109 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 1 - State Procurement Organization|Section 12-109 - Procurement by Local Health Departments

    If authorized by the principal executive or legislative authority of the local government in accordance with local ordinance, a local health department may use either the State procurement system or the procurement system of the county in which the health department is located.
MD. State Finance and Procurement Code Ann. §  12-111 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 1 - State Procurement Organization|Section 12-111 - Location of Performance of Services

    (a)    (1)    In this section the following words have the meanings indicated.        (2)    “Public employer” means:            (i)    a unit;            (ii)    a county;            (iii)    a municipality;            (iv)    a county board of education; or            (v)    a special taxing district.        (3)    (i)    Except as provided in subparagraph (ii) of this paragraph, “services” has the meaning stated in § 11–101(u) of this article.            (ii)    “Services” includes:                1.    construction–related services;                2.    architectural services;                3.    engineering services; and                4.    energy performance contract services.    (b)    This section applies to a procurement contract with an estimated value of $2,000,000 or more.    (c)    In response to a solicitation for a procurement contract issued by a public employer, a bidder shall disclose to the public employer the following:        (1)    whether the bidder or any contractor that the bidder will subcontract with to perform the contract has plans, at the time the bid is submitted, to perform any services required under the contract outside the United States; and        (2)    if services required under the contract are anticipated to be performed outside the United States:            (i)    where the services will be performed; and            (ii)    the reasons why it is necessary or advantageous to perform the services outside the United States.    (d)    (1)    Except as provided in paragraph (2) of this subsection, a public employer may not knowingly contract for the following services unless the services are to be provided in the United States:            (i)    architectural services;            (ii)    construction services;            (iii)    engineering services; or            (iv)    energy performance contract services.        (2)    A public employer may contract for services listed in paragraph (1) of this subsection that are provided outside the United States, if:            (i)    the services are not available in the United States;            (ii)    the price of the services in the United States exceeds by an unreasonable amount the price of services provided outside the United States; or            (iii)    the quality of the services in the United States is substantially less than the quality of comparably priced services provided outside the United States.        (3)    The Board shall adopt regulations defining the following terms for the purposes of this subsection:            (i)    “unreasonable amount”; and            (ii)    “substantially less”.
MD. State Finance and Procurement Code Ann. §  12-201 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 2 - Supervision of Capital Expenditures and Real Property Leases|Section 12-201 - Scope of Subtitle

    This subtitle is broadly applicable to all procurements by the State.
MD. State Finance and Procurement Code Ann. §  12-202 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 2 - Supervision of Capital Expenditures and Real Property Leases|Section 12-202 - Capital Expenditures

    (a)    This section does not apply to capital expenditures:        (1)    for public school construction under Title 5, Subtitle 3 of the Education Article; or        (2)    by the Department of Transportation or the Maryland Transportation Authority, in connection with State roads, bridges, or highways.    (b)    Before execution, a contract for a capital expenditure other than in connection with a State correctional facility, St. Mary’s College of Maryland, Morgan State University, or the University System of Maryland shall be:        (1)    reviewed by the Secretary of General Services; and        (2)    except as provided in § 12-203 of this subtitle and § 13-108 of this article, after that review, approved by the Board.    (c)    Before execution, a contract for a capital expenditure in connection with a State correctional facility shall be:        (1)    reviewed by the Secretary of Public Safety and Correctional Services; and        (2)    except as provided in § 12-203 of this subtitle, after that review, approved by the Board.    (d)    Before execution, a contract for a capital expenditure in connection with the University System of Maryland shall be:        (1)    subject to the provisions of Title 4, Subtitle 4 of this article;        (2)    approved by the Board of Regents of the University System of Maryland; and        (3)    approved by the Board of Public Works.    (e)    Before execution, a contract for a capital expenditure in connection with St. Mary’s College of Maryland shall be:        (1)    subject to the provisions of Title 4, Subtitle 4 of this article;        (2)    approved by the Board of Trustees of St. Mary’s College of Maryland; and        (3)    approved by the Board of Public Works.    (f)    Before execution, a contract for a capital expenditure in connection with Morgan State University shall be:        (1)    subject to the provisions of Title 4, Subtitle 4 of this article;        (2)    approved by the Board of Regents of Morgan State University; and        (3)    approved by the Board of Public Works.    (g)    The Board shall supervise the expenditure of any money that the General Assembly appropriates for:        (1)    buildings;        (2)    equipment;        (3)    new construction; or        (4)    any other capital expenditure.
MD. State Finance and Procurement Code Ann. §  12-203 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 2 - Supervision of Capital Expenditures and Real Property Leases|Section 12-203 - Expenditures Without Board Approval

    (a)    (1)    The Board may adopt regulations that allow a unit of the State government to enter into a contract or make a change order related to a capital project without approval.        (2)    These regulations shall:            (i)    comply with this section; and            (ii)    be subject to the approval of the Joint Committee on Administrative, Executive, and Legislative Review.    (b)    (1)    Regulations adopted under this section shall:            (i)    establish an expenditure or use classification to determine which contracts or change orders may be made without Board approval;            (ii)    set an amount for each classification and require a unit of the State government to obtain approval of the Board if the annual dollar value of a contract and its change orders exceeds that amount; and            (iii)    require a unit of the State government to establish a reporting system approved by the Board to inform the Board about contracts or change orders entered into without Board approval.        (2)    The amount established by the Board under paragraph (1)(ii) of this subsection shall be an amount that:            (i)    frees the Board from direct review of relatively insignificant items; but            (ii)    does not impair the strong public policy favoring direct review by the Board for items that have a substantial fiscal impact.
MD. State Finance and Procurement Code Ann. §  12-204 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 2 - Supervision of Capital Expenditures and Real Property Leases|Section 12-204 - Lease of Real Property

    (a)    This section does not apply to a lease entered into on or before May 31, 1967, unless the lease is renewed after that date.    (b)    (1)    Except as otherwise provided in this section and § 13–108 of this article, before a unit executes or renews a lease of land, buildings, or office space, the Board shall approve the lease or lease renewal.        (2)    After review by the Secretary of General Services, the Board may designate the location of any unit.    (c)    (1)    Subject to paragraph (2) of this subsection, the Board may adopt regulations, in accordance with Title 10, Subtitle 1 of the State Government Article, that allow a unit to execute or renew a lease without Board approval.        (2)    These regulations are subject to the approval of:            (i)    the General Assembly; or            (ii)    while the General Assembly is not in session, the Legislative Policy Committee.        (3)    Regulations adopted under this section shall:            (i)    establish an expenditure or use classification to determine which leases or lease renewals may be entered into without Board approval;            (ii)    set an amount for each classification and require a unit to obtain approval if a lease or lease renewal exceeds that amount; and            (iii)    require a unit to establish a reporting system approved by the Board to inform the Board about leases or lease renewals entered into without Board approval.    (d)    (1)    Subject to paragraph (2) of this subsection, the Board may not approve a lease that:            (i)    transfers ownership of the property to the lessee on or before the termination of the lease;            (ii)    allows the lessee to purchase the property below fair market value or for a fixed amount;            (iii)    is for a term that is 75% or more of the estimated useful economic life of the property; or            (iv)    has payments with a present value that is 90% or more of the fair market value of the property.        (2)    The Board may approve a lease described in paragraph (1) of this subsection if:            (i)    the Capital Debt Affordability Committee has certified to the Governor and the General Assembly that the total amount of new State debt to be incurred by the lease may prudently be authorized; or            (ii)    the General Assembly has approved the lease in the budget for the requesting unit.
MD. State Finance and Procurement Code Ann. §  12-205 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 12 - Organization and Supervision of State Procurement|Subtitle 2 - Supervision of Capital Expenditures and Real Property Leases|Section 12-205 - Maximum Rent

    (a)    This section does not apply to a lease entered into on or before May 31, 1967, unless the lease is renewed after that date.    (b)    An appropriation may not be obligated or spent for the lease of a building or part of a building to be occupied by the State or a unit of the State government for a State purpose at an annual rent that exceeds 15% of the fair market value of the leased premises on the date of the lease.