<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".01" citation="COMAR 21.01.03.01" title_num="21" subtitle_num="01" chapter_num="03" heading="Exemptions.">
  <paragraph num="A.">
    <text>The following are exempt from applicability of this title:</text>
    <paragraph num="(1)">
      <text>Reimbursement contracts (Judicare, Medicaid, Medicare, or similar reimbursement contracts) for which user eligibility and cost are set by law or by rules and regulations;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Collective bargaining agreements with employee organizations (labor contracts);</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Purchase of land, and a permanent or temporary interest in land;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Contracts or like business agreements between a State agency and:</text>
      <paragraph num="(a)">
        <text>Another State agency, except as provided under COMAR 21.05.12.02B;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An agency or political subdivision of the State or other governments, except as provided under COMAR 21.05.12.02B;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A government, including the government of another state, of the United States, or of another country; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A bistate, multistate, bicounty, or multicounty governmental agency.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Procurement by bistate or multistate governmental agencies;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Procurement by bicounty or multicounty governmental agencies;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Procurement by political subdivisions of the State, including counties, municipalities, sanitary districts, drainage districts, soil conservation districts, and water supply districts;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Disposal of surplus or excess real or personal property;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Procurement in support of enterprise activities for purposes of direct resale or remanufacture and subsequent resale;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Agreements creating contractual employee relationships, as set forth in State Personnel and Pensions Article, §13-101, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Procurements by the Maryland State Planning Council on Developmental Disabilities for services to support demonstration, pilot, and training programs;</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Procurements by the Maryland State Arts Council for the promotion or support of the arts;</text>
    </paragraph>
    <paragraph num="(13)">
      <text>The Blind Industries and Services of Maryland;</text>
    </paragraph>
    <paragraph num="(14)">
      <text>The Maryland Health and Higher Educational Facilities Authority to the extent that no monies of the State are to be expended on a contract;</text>
    </paragraph>
    <paragraph num="(15)">
      <text>The Maryland Higher Education Supplemental Loan Authority to the extent that no monies of the State are to be expended on a contract;</text>
    </paragraph>
    <paragraph num="(16)">
      <text>The Maryland Industrial Training Program and the Partnership for Workforce Quality Program in the Department of Commerce for training services or programs for new or expanding businesses or industries or businesses or industries in transition;</text>
    </paragraph>
    <paragraph num="(17)">
      <text>The Board of Trustees of the State Retirement and Pension System, except as provided by State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, and COMAR 21.11.03, for:</text>
      <paragraph num="(a)">
        <text>Services of managers to invest the assets of the State Retirement and Pension System, including real and personal property;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Expenditures to manage, maintain, and enhance the value of the assets of the State Retirement and Pension System in accordance with investments guidelines adopted by the Board of Trustees;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Services related to the administration of the optional retirement program under State Personnel and Pensions Article, Title 30, Annotated Code of Maryland; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Expenditures for the safe custody, domestic or global, of investments as provided under State Personnel and Pensions Article, §21-123(f), Annotated Code of Maryland;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(18)">
      <text>The Maryland Food Center Authority to the extent the Authority is exempt under Article 41, Title 13, Subtitle 1, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(19)">
      <text>The Maryland Public Broadcasting Commission:</text>
      <paragraph num="(a)">
        <text>For artists' services for educational and cultural television productions; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When planning for or fulfilling the obligations of grants or cooperative agreements that support the educational and cultural activities of the Commission;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(20)">
      <text>Public institutions of higher education for cultural, entertainment, and intercollegiate athletic contracts;</text>
    </paragraph>
    <paragraph num="(21)">
      <text>The Maryland Environmental Service except with respect to State Finance and Procurement Article, Title 14, Subtitle 3, and Titles 16 and 17, Annotated Code of Maryland, and the regulations adopted under these statutes;</text>
    </paragraph>
    <paragraph num="(22)">
      <text>The Maryland Automobile Insurance Fund;</text>
    </paragraph>
    <paragraph num="(23)">
      <text>The Maryland Historical Trust for:</text>
      <paragraph num="(a)">
        <text>Surveying and evaluating architecturally, archaeologically, historically, or culturally significant properties; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Other than as to architectural services, preparing historic preservation planning documents and educational material;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(24)">
      <text>The University System of Maryland and Morgan State University, as set forth in Regulation .01-1 of this chapter.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>The Maryland Stadium Authority except as provided by State Finance and Procurement Article, Title 14, Subtitles 3 and 5, Annotated Code of Maryland, COMAR 21.11.03 and 21.11.01.06;</text>
    </paragraph>
    <paragraph num="(26)">
      <text>St. Mary's College of Maryland, as set forth in Regulation .01-1 of this chapter;</text>
    </paragraph>
    <paragraph num="(27)">
      <text>The Department of Commerce, for negotiating and entering into private sector cooperative marketing projects that directly enhance promotion of Maryland and the tourism industry where there will be a private sector contribution to the project of not less than 50 percent of the total cost of the project, if the project is reviewed by the Attorney General and approved by the Secretary of Commerce or the Secretary's designee;</text>
    </paragraph>
    <paragraph num="(28)">
      <text>The Rural Maryland Council;</text>
    </paragraph>
    <paragraph num="(29)">
      <text>The Maryland State Lottery Agency, for negotiating and entering into private sector cooperative marketing projects that directly enhance promotion of the Maryland State Lottery and its products, if the cooperative marketing project:</text>
      <paragraph num="(a)">
        <text>Provides a substantive promotional or marketing value that the Lottery determines acceptable in exchange for advertising or other promotional activities provided by the Lottery;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Does not involve advertising or promoting alcohol or tobacco products; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is reviewed by the Attorney General and approved by the Maryland Lottery Director or the Director's designee;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(30)">
      <text>The Maryland Health Insurance Plan established under Insurance Article, Title 14, Subtitle 5, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(31)">
      <text>The Maryland Energy Administration, when negotiating or entering into grants or cooperative agreements with private entities to meet federal specifications or solicitation requirements related to energy conservation, energy efficiency, or renewable energy projects that benefit the State; and</text>
    </paragraph>
    <paragraph num="(32)">
      <text>Except as provided by State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, and COMAR 21.11.03, the Maryland Developmental Disabilities Administration of the Maryland Department of Health for family and individual support services, and individual family care services, as those terms are defined by the Maryland Department of Health in COMAR Title 10;</text>
    </paragraph>
    <paragraph num="(33)">
      <text>Except as provided by State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, and COMAR 21.11.03, the College Savings Plans of Maryland for:</text>
      <paragraph num="(a)">
        <text>Services of managers to invest the assets of the Maryland Prepaid College Trust in accordance with the comprehensive investment plan adopted by the College Savings Plans of Maryland Board under Education Article, §18-906, Annotated Code of Maryland; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Expenditures to manage, maintain, and enhance the value of the assets of the Maryland Prepaid College Trust in accordance with the Comprehensive Investment Plan adopted by the College Savings Plans of Maryland Board under Education Article, §18-906, Annotated Code of Maryland;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(34)">
      <text>A contract or grant awarded by a unit of State government to the Chesapeake Bay Trust for a project involving the restoration or protection of the Chesapeake Bay and other aquatic and land resources of the State;</text>
    </paragraph>
    <paragraph num="(35)">
      <text>The Department of General Services for the rehabilitation of a structure that is listed in or eligible for listing in the National Register of Historic Places, to the extent the procurement is necessary to preserve the historic fabric of the structure impacted by the rehabilitations, as determined by the Department of General Services in consultation with the Maryland Historical Trust;</text>
    </paragraph>
    <paragraph num="(35-1)">
      <text>The Department of Natural Resources, for negotiating or entering into grants, agreements, or partnerships with nonprofit entities related to conservation service opportunities;</text>
    </paragraph>
    <paragraph num="(35-2)">
      <text>The Maryland Clean Energy Center, except as provided by State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(35-3)">
      <text>The State Archives for preservation, conservation, proper care, restoration, and transportation of fine art or decorative art that is in the custody of the Commission on Artistic Property and owned by or loaned to the State;</text>
    </paragraph>
    <paragraph num="(35-4)">
      <text>The Board of Trustees of the Maryland Teachers and State Employees Supplement Retirement Plans, except as provided in State Finance and Procurement Article, Title 12, Subtitle 4, and Title 14, Subtitle 3, Annotated Code of Maryland, for:</text>
      <paragraph num="(a)">
        <text>Services of managers to invest the assets deposited and invested in investment options of the supplemental retirement plans in accordance with the statements of investment policy adopted by the Board of Trustees of the Maryland Teachers and State Employees Supplement Retirement Plans;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Expenditures to manage, maintain, and enhance the value of assets deposited and invested in investment options of the supplemental retirement plans selected in accordance with the statements of investment policy adopted by the Board of Trustees of the Maryland Teachers and State Employees Supplement Retirement Plans from time to time; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Expenditures for the safe custody, domestic or global, of assets deposited and invested in investment options of the supplemental retirement plans selected in accordance with State Personnel and Pensions Article, §35-302(b), Annotated Code of Maryland; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(36)">
      <text>Other units that are specifically exempted by law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The provisions of State Finance and Procurement Article, §§10-204, 11-205, 13-219, 13-221, §15-112, Title 12, Subtitles 2 and 4, Title 16, and Title 17, Annotated Code of Maryland, apply to procurements referred to in §A(4), (9), (11)—(16), (18)—(20), (22)—(23), and (26)—(31) of this regulation. The provisions of State Finance and Procurement Article, Title 14, Subtitle 3, Annotated Code of Maryland, apply to all procurements referred to in §A of this regulation except §A(1)—(3), (4)(a) and (d), (5)—(8), (10), and (13) of this regulation.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The provisions of State Finance and Procurement Article, Title 12, Subtitle 4, Annotated Code of Maryland, apply to each unit with an exemption from any provision of Division II of the State Finance and Procurement Article except:</text>
    <paragraph num="(1)">
      <text>The Maryland Health and Higher Educational Facilities Authority if no State money is to be spent on a procurement contract;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Procurement pursuant to State Finance and Procurement Article, §11-203(a)(2), Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The University System of Maryland;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Morgan State University; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>St. Mary's College of Maryland.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The provisions of State Finance and Procurement Article, §17-502, Annotated Code of Maryland, apply to:</text>
    <paragraph num="(1)">
      <text>A unit of State government;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A county within the State;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A municipality within the State;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A bicounty or multicounty governmental agency;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A special tax district, sanitary district, drainage district, soil conservation district, and water supply district;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>A public institution of higher education;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A public school; and</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Each entity exempt from the provisions of State Finance and Procurement Article, Division II, Annotated Code of Maryland, except for the Maryland Health and Higher Educational Facilities Authority.</text>
    </paragraph>
  </paragraph>
</regulation>