1. (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. (1) the purposes stated in § 11-201(a) of this article are fostered;
   2. (2) the circumstances require the modification or waiver; and
   3. (3) foreign or out-of-state contractors are expected to be involved in the procurement.

2. (b) The Board may not modify or waive the following requirements:

   1. (1) § 14-404 of this article (“Coal in heating systems”);
   2. (2) Title 16, Subtitle 2 of this article (“Offenses Subject to Debarment”); and
   3. (3) Title 17 of this article (“Special Provisions -- State and Local Subdivisions”).

Added by Acts 1988, c. 48, § 2, eff. Oct. 1, 1988. Amended by Acts 1993, c. 127, § 1, eff. Oct. 1, 1993; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 2009, c. 60, § 5, eff. April 14, 2009.