1. A. This chapter does not apply to the following:

   1. (1) Reimbursement contracts for which user eligibility and cost are set by law or by rules and regulations;
   2. (2) Collective bargaining agreements with employee organizations (labor contracts);
   3. (3) Acquisition of real property or a permanent or temporary interest in real property;
   4. (4) Contracts with a State agency or a municipality;
   5. (5) Disposal of real or personal property;
   6. (6) Procurement for purposes of direct resale or remanufacture and subsequent resale;
   7. (7) Agreements creating employee-employer relationships;

   8. (8) A procurement on behalf of a municipality or a client of the Service if the:

      1. (a) Service estimates that the procurement will exceed $25,000,
      2. (b) Governing body of the municipality or the client requests the Service to waive its procedures, and
      3. (c) Board formally assents to waive its procedures; or
   9. (9) A contract with or by a corporation established under Natural Resources Article, §3-104(y), Annotated Code of Maryland.
2. B. Except as provided in Regulation .02A of this chapter, this chapter applies to each expenditure of the Service for the acquisition of services, supplies, construction, or professional services.

3. C. Exemptions.

   1. (1) The Service is generally exempt from State Finance and Procurement Article, Division II, Annotated Code of Maryland, and the regulations adopted under Division II.
   2. (2) The Service is not exempt from State Finance and Procurement Article, Title 14, Subtitles 3 and 5, and Titles 16 and 17, Annotated Code of Maryland, or the regulations adopted under those statutes.

Authority: Natural Resources Article, §§3-103 and 3-127, Annotated Code of Maryland

Effective date: December 19, 1994 (21:25 Md. R. 2108)

Regulation .02C amended effective March 12, 2018 (45:5 Md. R. 288)

Regulation .03B amended as an emergency provision effective July 1, 2021 (48:15 Md. R. 592); amended permanently effective September 6, 2021 (48:18 Md. R. 693)

Regulation .04 amended effective August 14, 1995 (22:16 Md. R. 1222)

Regulation .04C amended effective June 1, 1998 (25:11 Md. R. 822)

Regulation .04C amended as an emergency provision effective July 1, 2021 (48:15 Md. R. 592); amended permanently effective September 6, 2021 (48:18 Md. R. 693)

Regulation .06 amended effective July 17, 2006 (33:14 Md. R. 1162)

Regulation .06B amended effective October 8, 2018 (45:20 Md. R. 919)

Regulation .06D amended effective July 5, 2004 (31:13 Md. R. 995); August 17, 2015 (42:16 Md. R. 1056)

Regulation .07F amended effective October 8, 2018 (45:20 Md. R. 919)

Regulation .07K amended effective July 17, 2006 (33:14 Md. R. 1162)

Regulation .11D adopted effective November 14, 2011 (38:23 Md. R. 1422)