Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 01 - GENERAL PROVISIONS › Chapter 21.01.03 - Applicability › Section 21.01.03.01 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				are exempt from applicability of this title:
(1) Reimbursement contracts (Judicare,
				Medicaid, Medicare, or similar reimbursement contracts) for which user
				eligibility and cost are set by law or by rules and regulations;
(2) Collective bargaining agreements with
				employee organizations (labor contracts);
(3) Purchase of land, and a permanent or
				temporary interest in land;
(4)
				Contracts or like business agreements between a State agency and:
(a) Another State agency, except as provided
				under COMAR
				21.05.12.02B;
(b) An agency or political subdivision of the
				State or other governments, except as provided under COMAR
				21.05.12.02B;
(c) A government, including the government of
				another state, of the United States, or of another country; or
(d) A bistate, multistate, bicounty, or
				multicounty governmental agency.
(5) Procurement by bistate or multistate
				governmental agencies;
(6)
				Procurement by bicounty or multicounty governmental agencies;
(7) Procurement by political subdivisions of
				the State, including counties, municipalities, sanitary districts, drainage
				districts, soil conservation districts, and water supply districts;
(8) Disposal of surplus or excess real or
				personal property;
(9) Procurement
				in support of enterprise activities for purposes of direct resale or
				remanufacture and subsequent resale;
(10) Agreements creating contractual employee
				relationships, as set forth in State Personnel and Pensions Article, §
										13-101,
				Annotated Code of Maryland;
(11)
				Procurements by the Maryland State Planning Council on Developmental
				Disabilities for services to support demonstration, pilot, and training
				programs;
(12) Procurements by the
				Maryland State Arts Council for the promotion or support of the arts;
(13) The Blind Industries and Services of
				Maryland;
(14) The Maryland Health
				and Higher Educational Facilities Authority to the extent that no monies of the
				State are to be expended on a contract;
(15) The Maryland Higher Education
				Supplemental Loan Authority to the extent that no monies of the State are to be
				expended on a contract;
(16) The
				Maryland Industrial Training Program and the Partnership for Workforce Quality
				Program in the Department of Business and Economic Development for training
				services or programs for new or expanding businesses or industries or
				businesses or industries in transition;
(17) The Board of Trustees of the State
				Retirement and Pension System, except as provided by State Finance and
				Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, and
				COMAR 21.11.03, for:
(a) Services of managers
				to invest the assets of the State Retirement and Pension System, including real
				and personal property;
(b)
				Expenditures to manage, maintain, and enhance the value of the assets of the
				State Retirement and Pension System in accordance with investments guidelines
				adopted by the Board of Trustees;
(c) Services related to the administration of
				the optional retirement program under State Personnel and Pensions Article,
				Title 30, Annotated Code of Maryland; and
(d) Expenditures for the safe custody,
				domestic or global, of investments as provided under State Personnel and
				Pensions Article, §
											21-123(f),
				Annotated Code of Maryland;
(18) The Maryland Food Center Authority to
				the extent the Authority is exempt under Article 41, Title 13, Subtitle 1,
				Annotated Code of Maryland;
(19)
				The Maryland Public Broadcasting Commission:
(a) For artists' services for educational and
				cultural television productions; or
(b) When planning for or fulfilling the
				obligations of grants or cooperative agreements that support the educational
				and cultural activities of the Commission;
(20) Public institutions of higher education
				for cultural, entertainment, and intercollegiate athletic contracts;
(21) The Maryland Environmental Service
				except with respect to State Finance and Procurement Article, Title 14,
				Subtitle 3, and Titles 16 and 17, Annotated Code of Maryland, and the
				regulations adopted under these statutes;
(22) The Maryland Automobile Insurance
				Fund;
(23) The Maryland Historical
				Trust for:
(a) Surveying and evaluating
				architecturally, archaeologically, historically, or culturally significant
				properties; and
(b) Other than as
				to architectural services, preparing historic preservation planning documents
				and educational material;
(24) The University System of Maryland and
				Morgan State University, as set forth in Regulation .01-1 of this
				chapter.
(25) The Maryland Stadium
				Authority except as provided by State Finance and Procurement Article, Title
				14, Subtitles 3 and 5, Annotated Code of Maryland, COMAR 21.11.03 and
				21.11.01.06B;
(26) St. Mary's College of Maryland, as set
				forth in Regulation .01-1 of this chapter;
(27) The Department of Business and Economic
				Development, 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 percent of the total cost of the project, if the project is
				reviewed by the Attorney General and approved by the Secretary of Business and
				Economic Development or the Secretary's designee;
(28) The Rural Maryland Council;
(29) The Maryland State Lottery Agency, for
				negotiating and entering into private sector cooperative marketing projects
				that directly enhance promotion of the Maryland State Lottery and its products,
				if the cooperative marketing project:
(a)
				Provides a substantive promotional or marketing value that the Lottery
				determines acceptable in exchange for advertising or other promotional
				activities provided by the Lottery;
(b) Does not involve advertising or promoting
				alcohol or tobacco products; and
(c) Is reviewed by the Attorney General and
				approved by the Maryland Lottery Director or the Director's designee;
(30) The Maryland Health Insurance
				Plan established under Insurance Article, Title 14, Subtitle 5, Annotated Code
				of Maryland;
(31) The Maryland
				Energy Administration, when negotiating or entering into grants or cooperative
				agreements with private entities to meet federal specifications or solicitation
				requirements related to energy conservation, energy efficiency, or renewable
				energy projects that benefit the State; and
(32) Except as provided by State Finance and
				Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, and
				COMAR 21.11.03, the Maryland Developmental Disabilities Administration of the
				Department of Health and Mental Hygiene for family and individual support
				services, and individual family care services, as those terms are defined by
				the Department of Health and Mental Hygiene in COMAR Title 10;
(33) Except as provided by State Finance and
				Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, and
				COMAR 21.11.03, the College Savings Plans of Maryland for:
(a) Services of managers to invest the assets
				of the Maryland Prepaid College Trust in accordance with the comprehensive
				investment plan adopted by the College Savings Plans of Maryland Board under
				Education Article, §18-906, Annotated Code of Maryland; and
(b) Expenditures to manage, maintain, and
				enhance the value of the assets of the Maryland Prepaid College Trust in
				accordance with the Comprehensive Investment Plan adopted by the College
				Savings Plans of Maryland Board under Education Article, §18-906,
				Annotated Code of Maryland;
(34) 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;
(35) The
				Department of General Services for the rehabilitation of a structure that
(a) Was built during the 18th or 19th
				century; and
(b) I 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 rehabilitations, as determined by the Department of General
				Services in consultation with the Maryland Historical Trust;
(35-1) The Department of Natural
				Resources, for negotiating or entering into grants, agreements, or partnerships
				with nonprofit entities related to conservation service
				opportunities;
(35-2) The Maryland
				Clean Energy Center, except as provided by State Finance and Procurement
				Article, Title 14, Subtitle 3, Annotated Code of Maryland;
(35-3) The State Archives for preservation,
				conservation, proper care, restoration, and transportation of fine art or
				decorative art that is in the custody of the Commission on Artistic Property
				and owned by or loaned to the State;
(35-4) The Board of Trustees of the Maryland
				Teachers and State Employees Supplement Retirement Plans, except as provided in
				State Finance and Procurement Article, Title 12, Subtitle 4, and Title 14,
				Subtitle 3, Annotated Code of Maryland, for:
(a) Services of managers to invest the assets
				deposited and invested in investment options of the supplemental retirement
				plans in accordance with the statements of investment policy adopted by the
				Board of Trustees of the Maryland Teachers and State Employees Supplement
				Retirement Plans;
(b) Expenditures
				to manage, maintain, and enhance the value of assets deposited and invested in
				investment options of the supplemental retirement plans selected in accordance
				with the statements of investment policy adopted by the Board of Trustees of
				the Maryland Teachers and State Employees Supplement Retirement Plans from time
				to time; and
(c) Expenditures for
				the safe custody, domestic or global, of assets deposited and invested in
				investment options of the supplemental retirement plans selected in accordance
				with State Personnel and Pensions Article, §
											35-302(b),
				Annotated Code of Maryland; and
(36) Other units that are specifically
				exempted by law.