reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 11 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 11-201 - Purposes and Construction of Division

(a)    The purposes and policies of this Division II include:
(1)    providing for increased confidence in State procurement;
(2)    ensuring fair and equitable treatment of all persons who deal with the State procurement system;
(3)    providing safeguards for maintaining a State procurement system of quality and integrity;
(4)    fostering effective broad–based competition in the State through support of the free enterprise system;
(5)    promoting increased long–term economic efficiency and responsibility in the State by encouraging the use of recycled materials;
(6)    providing increased economy in the State procurement system;
(7)    getting the maximum benefit from the purchasing power of the State;
(8)    simplifying, clarifying, and modernizing the law that governs State procurement;
(9)    allowing the continued development of procurement regulations, policies, and practices in the State; and
(10)    promoting development of uniform State procurement procedures to the extent possible.
(b)    Unless otherwise indicated, this Division II shall be construed liberally and applied to promote the purposes and policies enumerated in subsection (a) of this section.
(c)    If a provision of this Division II is inconsistent with a federal law, regulation, or grant agreement or other federal requirement that governs procurement or a procurement contract or with the terms of a gift, as defined in § 1–109 of the General Provisions Article, the federal requirement or the terms of the gift control the procurement or procurement contract.
(d)    (1)    In this subsection, “bundle” means the consolidation of two or more procurement requirements for supplies or services previously provided or performed under separate contracts into a single solicitation seeking offers for a single contract that is unlikely to be accessible for award to a small business or minority business enterprise.
(2)    This subsection does not apply if a unit bundles a procurement for the purpose of participating in the Small Business Reserve Program in accordance with Title 14, Subtitle 5 of this article.
(3)    For the purpose of precluding or limiting participation by a minority business enterprise as defined under Title 14, Subtitle 3 of this article or a small business as defined under Title 14, Subtitle 2 of this article, a unit subject to this Division II may not:
(i)    bundle a procurement;
(ii)    limit the number of competitive bidders or offerors; or
(iii)    limit participation to a predetermined group of bidders or offerors.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 11 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 11-202 - Scope of Division -- in General

Except as otherwise expressly provided by law, this Division II applies to:
(1)    each expenditure by a unit under a procurement contract;
(2)    each procurement by a unit on behalf of another unit, governmental agency, or other entity; and
(3)    each procurement by a unit, even if a resulting procurement contract will involve no expenditure by the State and will produce revenue for the State, for services that are to be provided for the benefit of:
(i)    State officials, State employees, or students at a State facility, including a school, hospital, institution, or recreational facility;
(ii)    clients or patients at a State hospital or State institution;
(iii)    the public at a State recreational facility; or
(iv)    the public at a State transportation facility or State higher education facility, as required by the Board.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 11 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 11-204 - Compliance With Division; Penalties for Noncompliance

(a)    A unit may not enter into a procurement contract except as allowed under this Division II.
(b)    (1)    Except as otherwise provided in this Division II, if a procurement violates this Division II, the procurement contract is void.
(2)    Whenever a procurement contract is void under this subsection, the contractor shall be awarded compensation for actual expenses reasonably incurred under the procurement contract, plus a reasonable profit, if the contractor:
(i)    acted in good faith;
(ii)    did not directly contribute to a violation of this Division II; and
(iii)    had no knowledge of the violation before the procurement contract was awarded.
(c)    (1)    Whenever a procurement violates this Division II, the Board may determine that the procurement contract is voidable, rather than void, if the Board determines that:
(i)    all parties acted in good faith;
(ii)    ratification of the procurement contract would not undermine the purposes of this Division II; and
(iii)    the violation or series of violations was insignificant or otherwise did not prevent substantial compliance with this Division II.
(2)    Whenever a procurement contract is voidable under this subsection and the contractor has not acted in violation of this Division II, the unit may:
(i)    ratify the procurement contract if the unit determines that ratification is in the best interests of the State; or
(ii)    void the procurement contract and award the contractor compensation for actual expenses reasonably incurred under the contract, plus a reasonable profit.
(3)    Whenever a procurement contract is voidable under this subsection and the contractor has acted in violation of this Division II, the unit:
(i)    may void the procurement contract; or
(ii)    without prejudice to the State’s right to appropriate damages, may ratify the procurement contract if the unit determines that ratification is in the best interests of the State.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 11 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 11-205 - Collusion

(a)    This section is broadly applicable to all procurements by the State.
(b)    A person who, for the purpose of defrauding the State, acts in collusion with another person in connection with the procurement process is liable for damages equal to 3 times the value of the loss to the State that is attributable to the collusion.
(c)    (1)    A procurement officer who has reason to believe that collusion has occurred in connection with the procurement process shall send to the Office of the Attorney General written notice that states the belief and its basis.
(2)    The Attorney General may begin an action in the appropriate court for damages under subsection (b) of this section.
(d)    (1)    If there is reason to believe that collusion has occurred in connection with the procurement process, all relevant documents shall be kept until the Attorney General gives notice that they may be destroyed.
(2)    On request by the Office of the Attorney General, relevant documents shall be made available immediately.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 11 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 11-205.1 - Falsification, Concealment, etc., of Material Facts

(a)    In connection with a procurement contract a person may not willfully:
(1)    falsify, conceal, or suppress a material fact by any scheme or device;
(2)    make a false or fraudulent statement or representation of a material fact; or
(3)    use a false writing or document that contains a false or fraudulent statement or entry of a material fact.
(b)    A person may not aid or conspire with another person to commit an act under subsection (a) of this section.
(c)    A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding 5 years or both.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 11 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 11-206 - Application of Regulations

(a)    Unless otherwise indicated in the regulation, a regulation adopted under this Division II applies to a procurement contract if:
(1)    the regulation is in effect on the day that the parties execute the procurement contract; and
(2)    the procurement contract is governed by this Division II.
(b)    A regulation adopted under this Division II does not affect the rights of a unit or contractor under a procurement contract that was entered into before the effective date of the regulation.
(c)    A requirement of law that a procurement contract contain a particular provision is satisfied if the procurement contract includes notice of the provision, including the subject matter of the provision.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 11 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 11-207 - Determinations

Each determination required under this Division II shall be:
(1)    in writing;
(2)    based on written findings of the public official or employee who makes the determination; and
(3)    kept, for at least 3 years, in an official procurement contract file.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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:
(1)    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; or
(2)    procurements by the Department of General Services for the purpose of modernizing cybersecurity infrastructure for the State valued below $1,000,000.
(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 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.
(c)    On or before December 1 each year, the Department of General Services shall submit a report to the Board on procurements made under subsection (a)(2) of this section that shall include for each procurement:
(1)    the purpose of the procurement;
(2)    the name of the contractor;
(3)    the contract amount;
(4)    the method of procurement utilized;
(5)    the number of bidders who bid on the procurement; and
(6)    the contract term.
2023 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.
2023 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”).
2023 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.
2023 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.
2023 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”.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 3 - Energy Performance Contracts › Section 12-301 - Consultation; Terms of Contract

(a)    (1)    (i)    A unit shall consult with the Department of General Services during the development phase of a project that will require an energy performance contract.
(ii)    Before issuing a request for proposals for an energy performance contract, a unit shall consult with the Department of General Services and the Chief Procurement Officer.
(2)    The Department of General Services shall review the proposed request to ensure that it meets with the State energy standards and preserves the State’s flexibility to investigate and use economically justifiable new technologies.
(3)    A unit pursuing an energy contract must receive final approval from the Department of General Services before submitting the proposed contract to the Board of Public Works for approval.
(b)    (1)    Notwithstanding any other provision of law and subject to the approval and control of the Board of Public Works and the Chief Procurement Officer, a unit of State government is authorized to enter into energy performance contracts of up to 30 years’ duration.
(2)    The Treasurer may enter into a capital lease to finance energy performance contracts as provided in Title 8, Subtitle 4 of this article.
(3)    The payments and the total contract amount due under an energy performance contract or, in the case of a capital lease used to finance energy performance contracts, the capital lease payments may not exceed the actual energy savings realized as a result of the contract’s performance.
(4)    (i)    Before approval of an energy performance contract, the Board:
1.    shall ensure that the projected annual energy savings attributable to the project will exceed the projected annual capital lease payments or payments to the contractor under the contract; and
2.    based on the review of the Department of General Services, shall determine whether the proposed energy technology is appropriate for the time period provided in the contract.
(ii)    The Board may:
1.    authorize the use of incentive contracts, including contracts that guarantee energy savings performance; and
2.    require prospective contractors to furnish appropriate guarantees to ensure that projected savings are realized.
(iii)    Any guarantees required under subparagraph (ii) of this paragraph may include a requirement that the contractor furnish a bond or other assurance to the State in an appropriate amount to guarantee projected performance and that the bond or other assurance be structured so that a failure to meet guaranteed performance savings will forfeit a portion of the bond or other assurance to match the shortfall in energy savings.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 3 - Energy Performance Contracts › Section 12-302 - Status Reports

(a)    The Department of General Services shall be responsible for monitoring the status of active energy performance contracts and reporting that status to the Board annually.
(b)    A unit that has entered into an energy performance contract shall submit to the Department of General Services for review any required annual measurement and verification reports.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 3 - Energy Performance Contracts › Section 12-303 - Modification or Waiver of Requirements

The Board may modify or waive any authorization, source selection, solicitation, or contract requirement under this Division II for an energy performance contract or a class of energy performance contracts to the extent that:
(1)    the purposes stated in § 11-201(a) of this article are fostered; and
(2)    the circumstances of energy performance contracting require the modification or waiver.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 4 - Policies and Procedures for Exempt Units › Section 12-401 - Written Policies and Procedures for Exempt Units

(a)    (1)    Except as provided in paragraph (2) of this subsection, each unit with an exemption from any provision of Division II of this article shall have written policies and procedures for the exempted unit’s procurements.
(2)    This section does not apply to:
(i)    § 11–203(a)(1)(iii) of this article;
(ii)    § 11–203(a)(2) of this article;
(iii)    § 11–203(e) of this article; or
(iv)    § 11–203(g) of this article.
(b)    Written policies and procedures shall include:
(1)    the types of procurement exempted from Division II of this article;
(2)    the methods of procurement to be used for procurements provided under item (1) of this subsection;
(3)    the advertising requirements for each type of procurement provided under item (1) of this subsection;
(4)    procurement goals, including minority business enterprise participation, for each type of procurement provided under item (1) of this subsection; and
(5)    the approval process for each type of procurement provided under item (1) of this subsection.
(c)    (1)    Except as provided in paragraph (2) of this subsection, at the beginning of each fiscal year, each unit shall submit written policies and procedures to the Board for review as required by subsections (a) and (b) of this section.
(2)    Units that are governed by their own board, commission, council, or authority shall submit their policies and procedures as required by subsections (a) and (b) of this section to their board, commission, council, or authority for approval.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Direct involvement in the deportation of victims” means ownership or operation of the trains on which individuals were transported to extermination camps, death camps, or any facility used to transition individuals to extermination camps or death camps, during the period beginning on September 1, 1939, and ending on September 2, 1945.
(c)    “Entity” means:
(1)    a corporation, affiliate, or other similar organization or a successor in interest of the corporation, affiliate, or similar organization that controls, or is controlled or owned or partially owned by or under common control with, a corporation that had direct involvement in the deportation of victims; or
(2)    a member of a partnership or a consortium that includes an entity that certifies that it had direct involvement in the deportation of victims.
(d)    “MARC” means the Maryland Area Regional Commuter.
(e)    “Process of assembling the records” means to:
(1)    organize, digitize, and make records available to the public in an Internet accessible, electronic format that is searchable and analyzable; and
(2)    prepare to submit the information described in § 12–507 of this subtitle to the State Archivist.
(f)    (1)    “Property” means any personal belongings owned or controlled by victims.
(2)    “Property” includes:
(i)    jewelry;
(ii)    books;
(iii)    artifacts;
(iv)    precious metals; and
(v)    currency.
(g)    (1)    “Records” means material relating to the deportation of victims.
(2)    “Records” includes:
(i)    documents;
(ii)    correspondence;
(iii)    memoranda;
(iv)    receipts;
(v)    invoices;
(vi)    presentations;
(vii)    audits; and
(viii)    any other materials related to items (i) through (vii) of this paragraph.
(h)    “Victim” means an individual who was on an entity’s train for the purpose of being transported to an extermination camp, death camp, or a facility used to transition individuals to extermination camps or death camps during the period beginning on September 1, 1939 and ending on September 2, 1945.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-502 - Entity

For the purposes of this subtitle:
(1)    two or more entities shall be considered as the same entity if:
(i)    one entity is a wholly owned subsidiary of the other; or
(ii)    one entity owns or directly or indirectly controls more than 50% of the voting securities of the other entity, regardless of whether the equity interest in that other entity is owned by a foreign government; and
(2)    if an equity interest in an entity is or was owned by a foreign government, that equity interest shall be attributed to the entity.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-503 - Applicability of Subtitle

This subtitle applies to an entity that:
(1)    had direct involvement in the deportation of victims; and
(2)    submits a bid or offer to a unit of State or local government on a procurement contract to provide MARC service that is funded in whole or in part with public funds.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-504 - Responsible Bidder or Offeror

An entity may not be considered a responsible bidder or offeror for a procurement contract to provide MARC service unless the entity complies with the requirements of §§ 12–505 through 12–507 of this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-505 - Statement of Direct Involvement in the Deportation of Victims

(a)    In conjunction with the submission of a bid or offer on a procurement contract to a unit of State or local government to provide MARC service, an entity shall submit to the unit:
(1)    a statement that the entity had direct involvement in the deportation of victims; and
(2)    an estimated date for completing the process of assembling the records and providing information to the State Archivist in accordance with §§ 12–506 and 12–507 of this subtitle.
(b)    The entity shall notify the unit of any change in the estimated date that was submitted to the unit in accordance with subsection (a) of this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-506 - Assembling Records

(a)    Before a unit of State or local government may award a procurement contract to provide MARC service to an entity subject to this subtitle, the entity shall comply with the provisions of this section for the process of assembling the records related to the deportation of victims.
(b)    (1)    An entity shall contract with an archivist and a historian to conduct an initial analysis of the records.
(2)    The archivist and historian that conduct the initial analysis shall:
(i)    be approved by the State Archivist;
(ii)    be independent of the entity; and
(iii)    conduct the analysis in accordance with the standards of the Society of American Archivists and the Council of State Archivists.
(3)    The initial analysis shall include:
(i)    an inspection of each location in which the entity maintains records that may be related to the deportation of victims; and
(ii)    a report submitted to the State Archivist.
(4)    The initial report submitted to the State Archivist shall include:
(i)    a list of each location inspected and an assessment of whether the location maintains any records;
(ii)    an outline and assessment of the quality of the records;
(iii)    a timeline for the process to assemble the records; and
(iv)    an estimated cost to assemble the records.
(c)    (1)    After the initial analysis is concluded and the State Archivist has approved the initial report in accordance with § 12–508(a)(2)(i) of this subtitle, the entity shall contract with an archivist and a historian to ensure that the process of assembling the records is completed in a manner consistent with:
(i)    the initial report; and
(ii)    the standards of the Society of American Archivists and the Council of State Archivists.
(2)    The archivist and historian contracted with to carry out paragraph (1) of this subsection:
(i)    shall be approved by the State Archivist; and
(ii)    may be the archivist and historian that conducted the initial analysis or another archivist and historian approved by the State Archivist.
(d)    After the process of assembling the records is complete, the entity shall provide the information required under § 12–507 of this subtitle to the State Archivist.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-507 - Information to State Archivist Relating to Deportation of Victims

Before a unit of State or local government may award a procurement contract to provide MARC service to an entity subject to this subtitle, the entity shall provide the State Archivist with the following information as it relates to the deportation of victims:
(1)    a written statement providing:
(i)    whether the entity possesses, has custody of, or controls records relating to the the deportation of victims;
(ii)    each location where the records are maintained; and
(iii)    the contents and addresses of each archive or other facility where the entity maintains records;
(2)    a detailed index of the records, including:
(i)    the location of the records and a list of any money received for each deportation, delineated by individual convoys and persons; and
(ii)    an accounting of each piece of property taken or confiscated from each victim;
(3)    if the entity no longer has in its custody or control any or all of the property taken or confiscated from each victim, a written description of:
(i)    the time and manner in which the entity disposed of or converted the property;
(ii)    any property currently owned or operated by the entity that was exchanged for the expropriated property;
(iii)    any expropriated property currently owned by the entity or any other property derived from the expropriated property; and
(iv)    any other derivative or traceable property that remains in the entity’s possession, custody, or control as a result of its deportations activity; and
(4)    a written statement concerning whether the entity has provided restitution or reparations to all identifiable victims of the deportations and, if so stated, a detailed description on how the restitution or reparations apply specifically to the deportation of each victim.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-508 - Duties of State Archivist

(a)    The State Archivist shall:
(1)    approve an archivist and historian to conduct the initial analysis required under § 12–506(b) of this subtitle;
(2)    within 14 days after receiving the initial report submitted in accordance with § 12–506(b) of this subtitle:
(i)    review the report and determine whether, in the professional opinion of the State Archivist, the report is consistent with the standards of the Society of American Archivists and the Council of State Archivists; and
(ii)    approve an archivist and historian that will ensure that the process of assembling the records is completed in a manner consistent with:
1.    the initial report; and
2.    the standards of the Society of American Archivists and the Council of State Archivists;
(3)    as needed, provide guidance for and oversight of the process of assembling the records;
(4)    after receiving from an entity the information required under § 12–507 of this subtitle, determine whether, in the professional opinion of the State Archivist:
(i)    the process of assembling the records is complete;
(ii)    the process of assembling the records was completed in a manner consistent with:
1.    the initial report submitted in accordance with § 12–506(b) of this subtitle; and
2.    the standards of the Society of American Archivists and the Council of State Archivists; and
(iii)    the information submitted under § 12–507 of this subtitle is as complete and accurate as possible; and
(5)    provide written notice of the determination made under item (4) of this subsection to:
(i)    the entity; and
(ii)    if the State Archivist determines that the entity met the requirements set forth in item (4)(i), (ii), and (iii) of this subsection, to the unit of State or local government awarding the procurement contract to provide MARC service.
(b)    The State Archivist may use a designee to carry out any provision of this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-509 - Awarding a Procurement Contract

(a)    At least 30 days before awarding a procurement contract on which an entity subject to this subtitle submitted a bid or offer, a unit of State or local government shall publish notice of its intent to award the procurement contract.
(b)    A unit of State or local government may not award a procurement contract to provide MARC service to an entity that does not comply with §§ 12–505 through 12–507 of this subtitle.
(c)    A unit of State or local government may award a procurement contract to provide MARC service to an entity only after the unit receives the notice from the State Archivist in accordance with § 12–508(a)(5) of this subtitle.
(d)    Notwithstanding the requirements of this subtitle, a unit of State or local government may award a procurement contract to provide MARC service to a bidder or offeror that is not an entity subject to the requirements of this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-510 - Future Procurement Contracts

An entity awarded a procurement contract to provide MARC service in accordance with § 12–509(c) of this subtitle is considered to have satisfied the requirements of §§ 12–505 through 12–507 of this subtitle for all future procurement contracts to provide MARC service.