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. The Secretary may contract with any person to provide services, including consultant services, for the Department or for using agencies. The Secretary may exercise or perform any power or duty that any unit in the Department may exercise or perform. 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. 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. Specific Powers and Duties. The Secretary has specific powers and duties for: The design and construction of public improvements; Maintenance; The purchasing of supplies (except insurance); Services; Information technology; and The leasing of equipment, vehicles, and real property. Design, Construction, and Maintenance. 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. Duties of the Department include: 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; Collect and maintain records of both construction costs and work progress; Supervise all appraisals in connection with public improvements; Maintain a complete and accurate file of drawings and plans of all public improvements; and Represent the Board at the opening of all bids for public improvements, and tabulate, record, and advise the Board of these bids. 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. Leasing. 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: Supervising the selection of locations, negotiating rental rates, and finalizing lease agreements; Publishing standards and criteria for office space use; and Assigning leased space. Exceptions to the Secretary's leasing authority are: Leases entered into by Blind Industries and Services of Maryland as lessee; and Leases involving the Maryland Department of Transportation requiring improved or unimproved properties for its projects. 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. 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: Certain leases involving concession agreements; and Leases acquired outside of Maryland. The Secretary may authorize a using agency to lease space on an emergency basis, if requested. Office of Facilities Planning, Engineering, and Construction. The Department’s Office of State Procurement is responsible for conducting the procurements for State construction projects. This Office shall prepare or cause to be prepared contract documents, shall advertise and solicit bids as appropriate, and shall manage the contract award process. The Department’s Office of Facilities Planning, Engineering, and Construction shall administer the development and completion of the project. Obtaining Services. The using agency may initiate a service request by submitting a program describing the work required to the Office of Facilities Planning, Engineering, and Construction. The program shall be submitted in accordance with instructions in the Program Manual. Following the receipt of the program, the Department’s Office of Facilities Planning, Engineering, and Construction shall begin the process to obtain the required public improvements, and shall submit the requisition to the Office of State Procurement. Using Agency Responsibilities. Before the contract is let, the Department of General Services shall provide a written recommendation for acceptance or rejection of the contract award to the using agency. During construction, an official representative of the using agency shall attend the job initiation, progress, punch-out, and any other meeting convened to expedite or review the development of the project. Control. The Department is responsible for the control of maintenance contracts and provides direction and assistance to the using agencies in their procurement and development of maintenance contracts. Delegation of Purchasing Authority to Using Agencies. The Department may establish policies and procedures permitting State agencies to enter into maintenance contracts with a value of less than $200,000, without concurrence of the Department. The procedures are described in the Maryland State Procurement Manual. Delegation of Purchasing Authority to Using Agencies. Department of General Services Selects Exemptions. The Department reserves the right to delegate, either by commodity class or dollar value, certain purchase authority to using agencies. These classes and dollar exemptions are identified in the Maryland State Procurement Manual. Delegated purchases are subject to any review, reporting, or auditing requirements established by the Department. Authority delegated by the Department under this regulation may be rescinded at the Department’s discretion. Using Agency May Request Authority Delegation. A using agency may write the Department and present justification for a procurement which it wishes exempted from the Department’s award authority. Integrity in Application of Exemption Policies. A using agency may not deliberately circumvent a dollar threshold purchase exemption by subdividing a requirement into smaller quantities. This prohibition also applies to purposefully reducing the order quantities and buying more frequently. Purchases Costing $10,000 or More. The Department may not approve requisitions for commodities which are: The subject of a term requirements or indefinite quantity contract; or Available from another State agency. Repealed. Emergency Purchases. The Department shall allow using agencies to make emergency purchases of commodities in accordance with COMAR 21.05.06. Emergency purchases shall be reported as required by COMAR 21.05.06.02D. If a using agency determines that an emergency exists, the agency may contact the Department for assistance before making a purchase. Receiving and Inspection. Upon delivery of supplies, the using agency shall be responsible for weighing, counting, visually inspecting, and noting any deviations between the items delivered and the purchase order specifications issued by the Department. If a substitute is found, the using agency shall reject it and submit a vendor performance report immediately to the Department. If the need is critical, the appropriate Department buyer shall be notified immediately. Agency receiving personnel shall sign delivery receipts and complete receiving reports for only the quantities received. The receiving personnel shall note any shortages on the delivering carrier's freight bill and shall immediately inform the vendor and the Department of the shortage. Concealed damage or shortages shall also be reported to the vendor as soon as discovered. Invoice Processing. Each using agency is responsible for promptly processing invoices for payment. The using agency shall match a receiving report and any other supporting documents with appropriate invoices. The using agency shall place all approved invoices on a disbursement transmittal and forward them to the Comptroller's Office for payment. Leasing of real property shall be in accordance with the Department's Space Management Manual which identifies the responsibilities of the using agencies and the procedures of the lease acquisition process. The Department is responsible for the control of service contracts and provides direction and assistance to the using agencies in their procurement and development of service contracts pursuant to their delegated authority. Except as provided in §C of this regulation, this regulation applies to solicitations, contracts, and contract modifications to existing contracts issued by State agencies funded from any source (including nonbudgeted funds and reimbursable funds), which may be used to subsidize, purchase, lease, or otherwise procure contractual services. The following are exempt from this regulation: Architectural and engineering services contracts of the Departments of General Services and Transportation; Contracts for acquisition and construction of capital improvements, leases, and maintenance services procured through or by the Departments of General Services and Transportation; Contracts for higher education student government self-supporting activities, when the funds being used for the payment were collected from non-State sources, provided that all transmittals and invoices are annotated to certify that all funds being used for the payment were collected from non-State sources; The sale of forest products; Banking, investment, and other financial services contracts authorized by State Finance and Procurement Article, §12-107, Annotated Code of Maryland; and Contracts for insurance and insurance-related services obtained pursuant to State Finance and Procurement Article, Title 9 and §12-107, Annotated Code of Maryland. Unless otherwise specifically provided by statute, other contracts or classes of contracts may be declared in writing exempt in whole or in part from these regulations by the Secretary. Application. This regulation applies to all mopeds and motor vehicles as defined by Transportation Article, §11-134.1, 11-135, and 11-176, Annotated Code of Maryland. Exempt from this regulation are vehicles assigned to persons with written exceptions from the Secretary. Acquisition of Vehicles. Standards for purchase shall be determined by the Department of Budget and Management, with the concurrence of the Board. Standards shall be determined for the standard State automobile and such other classes as may be required by the State. Vehicle purchase requests, with specifications, initially shall be submitted to the Secretary of Budget and Management. Actual purchase shall be made by the Department. The Secretary of General Services may periodically enter into contracts with automobile rental firms to supply rental vehicles to using agencies. Using agencies requiring the use of rental vehicles shall acquire them in accordance with the terms and conditions of the State contract or as specified by the Secretary of General Services, or both. Using agencies requiring the use of rental vehicles not covered by the contracts referenced in §A of this regulation may acquire them using applicable small procurement procedures in accordance with COMAR 21.05.07 with the prior approval of the Secretary of General Services. The Secretary of General Services may enter into contracts with contractors providing temporary personnel services to supply certain classes of temporary personnel services. The Secretary of General Services shall notify all using agencies of the prices at which temporary personnel services may be obtained and the procedure to be followed to obtain these services under the contracts referenced in §A of this regulation. The Secretary of General Services or designee may permit exceptions to these procedures upon written request and justification. State Finance and Procurement Article, §§4-204, 12-101, 12-107, 12-108, 13-103, 13-104, 13-107, and 13-108(a)(1), Annotated Code of Maryland Effective date: July 1, 1981 (8:13 Md. R. II-5) Regulation .01E amended effective January 14, 1985 (12:1 Md. R. 17) Regulation .04B repealed as an emergency provision effective July 1, 1982 (9:15 Md. R. 1509); emergency status extended at 9:16 Md. R. 1601, 9:17 Md. R. 1698, 9:20 Md. R. 1979; repealed permanently effective October 12, 1982 (9:20 Md. R. 1984) Chapter revised effective January 9, 1989 (15:27 Md. R. 3138) Regulation .01E amended effective June 16, 1997 (24:12 Md. R. 865); March 8, 1999 (26:5 Md. R. 393); October 18, 1999 (26:21 Md. R. 1631); June 29, 2020 (47:13 Md. R. 643) Regulation .01F amended effective June 29, 2020 (47:13 Md. R. 643) Regulation .02 amended effective June 29, 2020 (47:13 Md. R. 643) Regulation .02A, B amended effective June 16, 1997 (24:12 Md. R. 865) Regulation .03 amended effective March 11, 1996 (23:5 Md. R. 384) Regulation .03C repealed effective June 29, 2020 (47:13 Md. R. 643) Regulation .04 amended effective June 16, 1997 (24:12 Md. R. 865); June 29, 2020 (47:13 Md. R. 643) Regulation .04A amended effective August 23, 2010 (37:17 Md. R. 1186); July 21, 2014 (41:14 Md. R. 799); March 11, 2019 (46:5 Md. R. 310) Regulation .04C repealed effective September 3, 2012 (39:17 Md. R. 1149) Regulation .06 repealed effective June 16, 1997 (24:12 Md. R. 865) Regulation .06 adopted effective June 29, 2020 (47:13 Md. R. 643) Regulation .07 adopted effective June 29, 2020 (47:13 Md. R. 643) Regulation .08 adopted effective June 29, 2020 (47:13 Md. R. 643) Regulation .09 adopted effective June 29, 2020 (47:13 Md. R. 643)