# State Finance and Procurement (GSF)

## Title 12. Organization and Supervision of State Procurement

### Subtitle 1. State Procurement Organization

#### Section 12-104

(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) the purposes stated in Sec. 11-201(a) of this article are fostered;

  (2) the circumstances require the modification or waiver; and

  (3) foreign or out-of-state contractors are expected to be involved in the procurement.

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

  (1) Sec. 14-404 of this article ("Coal in heating systems");

  (2) Title 16, Subtitle 2 of this article ("Offenses Subject to Debarment"); and

  (3) Title 17 of this article ("Special Provisions -- State and Local Subdivisions").

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Md. Code Ann., State Fin. & Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)