1. A. This chapter does not apply to:

   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) Procurements with an agency or unit of the federal government, a State agency or unit, an agency or unit of a local jurisdiction, or an agency or unit of the government of another state;
   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) An agreement entered into by the Authority to lease real property as lessor; or

   9. (9) A procurement made on behalf of a local jurisdiction if the:

      1. (a) Authority estimates that the procurement will exceed $35,000;
      2. (b) Governing body of the local jurisdiction requests the Authority to waive its procedures; and
      3. (c) Authority formally assents to waive the Authority's procedures.
2. B. Except as provided in §A of this regulation, this chapter applies to each expenditure of the Authority for the acquisition of supplies, services, or construction.

3. C. Exemptions.

   1. (1) The Authority is generally exempt from the provisions of, and the regulation adopted under, State Finance and Procurement Article, Division II, Annotated Code of Maryland.
   2. (2) The Authority is not exempt from the Minority Business Participation provisions of State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, or the regulations adopted under those provisions.

4. D. Authority to Act.

   1. (1) Unless otherwise specified in the regulations of this chapter, the Membership of the Authority, the Executive Director, or the Executive Director’s designee may undertake any action, determination, decision, or other exercise of authority that is directed, permitted, or contemplated by the regulations of this chapter.
   2. (2) The Executive Director may delegate to an employee of the Authority any authority that the regulations of this chapter grant to the Executive Director.

5. E. Procurement Records.

   1. (1) The Authority shall maintain a record for each procurement that includes all solicitations, bids or proposals, determinations, contracts, debriefing records, and other materials pertinent to the procurement.
   2. (2) The Authority’s record of a procurement shall be available for public inspection as provided for and limited by the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.
   3. (3) The Authority may not disclose proprietary information submitted to the Authority in response to a solicitation, except as required by law.

Authority: Financial Institutions Article, §13-1008(4), Annotated Code of Maryland

Effective date: December 18, 1995 (22:25 Md. R. 1964)

Regulation .02 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .02A amended effective June 15, 2009 (36:12 Md. R. 838)

Regulation .03B amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .04 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .04B, C amended effective June 15, 2009 (36:12 Md. R. 838)

Regulation .05 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .06 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .06D amended effective June 15, 2009 (36:12 Md. R. 838)

Regulation .06E amended effective February 28, 2005 (32:4 Md. R. 411); June 15, 2009 (36:12 Md. R. 838)

Regulation .07 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .08 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .09 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .10 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .11 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .12 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .13 amended effective October 23, 2017 (44:21 Md. R. 984)