Md. Code Regs. 21.01.03.01-1 – Public Universities and Colleges.

A. Except as provided in this regulation, the University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary’s College of Maryland are exempt from applicability of this title and Division II of the State Finance and Procurement Article, Annotated Code of Maryland.
B. Applicable Provisions of State Finance and Procurement Article, Annotated Code of Maryland.
1. (1) The following provisions of State Finance and Procurement Article, Annotated Code of Maryland, apply to the University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary’s College of Maryland:
  1. (a) §11-205 (Collusion);
  2. (b) §11-205.1 (Falsification, Concealment, etc., of Material Facts);
  3. (c) §13-219 (Nondiscrimination Clause);
  4. (d) §13-225 (Retainage);
  5. (e) §15-226 (Prompt Payment of Subcontractors);
  6. (f) Title 14, Subtitle 3 (Minority Business Enterprise Participation) and Subtitle 7 (Certified Local Farm Enterprise Program);
  7. (g) Title 15, Subtitle 1 (Procurement Contract Administration);
  8. (h) Title 16 (Suspension and Debarment of Contractors);
  9. (i) Title 17, Subtitle 5 (eMaryland Marketplace — Use by Certain Persons); and
  10. (j) §14-110(b) and (c) (Preferred Provider Reporting).
2. (2) State Finance and Procurement Article, Title 14, Subtitle 2 (Small Business Preference Program) applies to the University System of Maryland and Morgan State University.
C. The University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary’s College of Maryland shall conduct procurements under procedures that promote the purposes stated in State Finance and Procurement Article, §11-201, Annotated Code of Maryland.
D. The requirements of §§B and C of this regulation do not apply to:
1. (1) Procurement by the University System of Maryland, Morgan State University, Baltimore City Community College, or St. Mary’s College of Maryland from:
  1. (a) Another unit,
  2. (b) A political subdivision of the State,
  3. (c) An agency of a political subdivision of the State,
  4. (d) A government, including the government of another state, of the United States, or of another country,
  5. (e) An agency or political subdivision of a government, or
  6. (f) A bistate, multistate, bicounty, or multicounty governmental agency;
2. (2) Procurement by the University System of Maryland, Morgan State University, Baltimore City Community College, or St. Mary’s College of Maryland in support of enterprise activities for the purpose of:
  1. (a) Direct resale,
  2. (b) Remanufacture and subsequent resale, or
  3. (c) Overseas programs; or
3. (3) Procurement by the University System of Maryland for:
  1. (a) Services of managers to invest, in accordance with the management and investment policies adopted by the Board of Regents, gift and endowment assets received by the University in accordance with Education Article §12-104(e), Annotated Code of Maryland; or
  2. (b) Expenditures to manage, maintain, and enhance, in accordance with the management and investment policies adopted by the Board of Regents, the value of gifts and endowment assets received by the University in accordance with the Education Article §12-104(e), Annotated Code of Maryland.
E. Before entering into a contract for services that exceeds $1,000,000 ($500,000 for Baltimore City Community College) or a contract for capital improvements with a value that exceeds $1,000,000 ($500,000 for Baltimore City Community College), the University System of Maryland, Morgan State University, Baltimore City Community College, and St. Mary’s College of Maryland shall obtain the review and approval of the Board of Public Works by submitting an Action Agenda item pursuant to COMAR 21.02.01.05A(2)(d).

Authority: Natural Resources Article, §3-103; State Finance and Procurement Article, §§11-201—11-203, 12-101, 12-104, and 17-502; Annotated Code of Maryland; Ch. 198, Acts of 2009; Chs. 428, 495, and 713, Acts of 2010; Chs. 108, 111, and 268, Acts of 2017; Ch. 273, Acts of 2019

Effective date: July 1, 1981 (8:13 Md. R. II-5)

Regulations .01 and .03B amended as an emergency provision effective July 1, 1982 (9:15 Md. R. 1508); emergency status extended at 9:16 Md. R. 1601, 9:17 Md. R. 1698, 9:20 Md. R. 1979; adopted permanently effective October 12, 1982 (9:20 Md. R. 1982)

Regulation .01A amended effective July 29, 1985 (12:15 Md. R. 1526)

Chapter revised effective January 9, 1989 (15:27 Md. R. 3138)

Regulation .01 amended effective January 26, 1998 (25:2 Md. R. 79); March 8, 1999 (26:5 Md. R. 393); October 18, 1999 (26:21 Md. R. 1631); November 7, 2005 (32:22 Md. R. 1759); March 12, 2007 (34:5 Md. R. 562); February 23, 2009 (36:4 Md. R. 355)

Regulation .01A amended effective April 7, 2008 (35:7 Md. R. 751); January 14, 2010 (37:1 Md. R. 15); February 7, 2011 (38:3 Md. R. 152); March 11, 2019 (46:5 Md. R. 310); June 29, 2020 (47:13 Md. R. 643)

Regulation .01B amended effective March 13, 2006 (33:5 Md. R. 523); September 18, 2023 (50:18 Md. R. 800)

Regulation .01C adopted effective March 13, 2006 (33:5 Md. R. 523)

Regulation .01-1 adopted effective October 18, 1999 (26:21 Md. R. 1631)

Regulation .01-1 amended effective November 7, 2005 (32:22 Md. R. 1759); March 12, 2007 (34:5 Md. R. 562); September 18, 2023 (50:18 Md. R. 800)

Regulation .01-1B amended effective April 28, 2014 (41:8 Md. R. 473)

Regulation .01-1E amended effective May 13, 2013 (40:9 Md. R. 789)

Regulation .03B amended effective March 5, 2012 (39:4 Md. R. 338); September 18, 2023 (50:18 Md. R. 800)

Regulation .05 amended effective April 7, 2008 (35:7 Md. R. 751)

Regulation .06 adopted effective April 7, 2008 (35:7 Md. R. 751)

Regulation .07 adopted effective February 7, 2011 (38:3 Md. R. 152)

Regulation .08 adopted effective March 5, 2012 (39:4 Md. R. 338)