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<regulation prefix="Regulation" num=".01" citation="COMAR 21.02.05.01" title_num="21" subtitle_num="02" chapter_num="05" heading="Duties, Responsibilities, and Authority.">
  <paragraph num="A.">
    <text>The Secretary of General Services shall promulgate, update, and amend internal policy guidelines to supplement the regulations issued pursuant to Division II of the State Finance and Procurement Article, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Secretary may contract with any person to provide services, including consultant services, for the Department or for using agencies.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Secretary may exercise or perform any power or duty that any unit in the Department may exercise or perform.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The Secretary may transfer, assign, and reassign any power or duty from any unit in the Department to the Secretary's office or to any other unit in the Department.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The Secretary, through the Office of State Procurement within the Department, shall publish a Maryland State Procurement Manual that contains procurements standards, guidance, procedures, and best practices for agencies under the procurement authority of the Department.  The Maryland State Procurement Manual shall be accessible by any person responsible for conducting procurement on behalf of or under the authority of the Department and the general public.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Specific Powers and Duties.</text>
    <paragraph num="(1)">
      <text>The Secretary has specific powers and duties for:</text>
      <paragraph num="(a)">
        <text>The design and construction of public improvements;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Maintenance;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The purchasing of supplies (except insurance);</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Services;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Information technology; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The leasing of equipment, vehicles, and real property.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Design, Construction, and Maintenance.</text>
      <paragraph num="(a)">
        <text>In the area of design, construction, and maintenance, pursuant to State Finance and Procurement Article, §§4-406—4-408, Annotated Code of Maryland,  except for those projects and properties under the jurisdiction of the Department of Transportation, the Secretary is authorized to establish and supervise a comprehensive maintenance and repair program for all State-operated public improvements and to review and set priorities concerning the maintenance and operation of these improvements. The Department may select consultant architects and engineers to prepare plans and specifications for State construction projects. The Department is authorized to examine and approve these plans and specifications and to inspect and approve the materials, equipment, and work methods used in the course of construction, maintenance, or repair.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Duties of the Department include:</text>
        <paragraph num="(i)">
          <text>Assist and advise the Board and other State agencies on all matters of engineering, surveys, plans, specifications, and contracts for public improvements, including the review and approval of any changes;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Collect and maintain records of both construction costs and work progress;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Supervise all appraisals in connection with public improvements;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Maintain a complete and accurate file of drawings and plans of all public improvements; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Represent the Board at the opening of all bids for public improvements, and tabulate, record, and advise the Board of these bids.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Procurement of Commodities and Equipment. Concerning the procurement of commodities, pursuant to State Finance and Procurement Article, §4-310—4-315, Annotated Code of Maryland, the Secretary is authorized to award purchase contracts for commodities, and equipment for all State agencies, except for purchases on behalf of the Mass Transit Administration of rolling stock and other property peculiar to the operation of a transit system. The Secretary is empowered to determine standards for materials, supplies, and equipment purchases, except for standards for the purchase of motor vehicles. The Secretary is also empowered to establish procedures that the using agencies shall follow when procuring materials, supplies, and equipment through the Department or when procuring those items under the exempt, delegated, or emergency purchasing authorities identified in these regulations.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Leasing.</text>
      <paragraph num="(a)">
        <text>The Secretary is authorized to manage the leasing by the State as lessee of all real property to which the State does not have title. This management function includes:</text>
        <paragraph num="(i)">
          <text>Supervising the selection of locations, negotiating rental rates, and finalizing lease agreements;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Publishing standards and criteria for office space use; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Assigning leased space.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Exceptions to the Secretary's leasing authority are:</text>
        <paragraph num="(i)">
          <text>Leases entered into by Blind Industries and Services of Maryland as lessee; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Leases involving the Maryland Department of Transportation requiring improved or unimproved properties for its projects.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Track and station leases by the Mass Transit Administration are exempt from certain leasing requirements. Handling of these leases shall comply with procedures contained in the Space Management Manual.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The following leases are under the Secretary's leasing authority but are not actually administered by the Department. Handling of these leases shall comply with procedures contained in the Department's Space Management Manual:</text>
        <paragraph num="(i)">
          <text>Certain leases involving concession agreements; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Leases acquired outside of Maryland.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(e)">
        <text>The Secretary may authorize a using agency to lease space on an emergency basis, if requested.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>