# COMAR Title 21 — State Procurement Regulations ## Subtitle 11 — Socioeconomic Policies ### Chapter 09 — Vending Facilities on Property Controlled by Department of General Services **Authority:** Education Article, §§21-301—21-303; State Finance and Procurement Article, §14-109; Annotated Code of Maryland **Administrative History:** Effective date: June 7, 1993 (20:11 Md. R. 917) **Administrative History:** Regulation .01B amended effective January 2, 2017 (43:26 Md. R. 1449) **Administrative History:** Regulation .02C repealed effective January 2, 2017 (43:26 Md. R. 1449) #### Regulation .01 Definitions. *COMAR 21.11.09.01* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Blind person” means a person who, after examination by a physician skilled in diseases of the eye or by an optometrist, has been determined to have not more than 20/200 central visual acuity in the better eye with correcting lenses or an equally disabling loss of the visual fields to the extent that the field in the better eye is constricted to an angle of 20° or less. (2) “Cost of Goods Sold” means the inventory cost of the products sold. (3) “Department” means the Department of General Services. (4) “Division” means the Division of Rehabilitation Services of the State Department of Education. (5) “Licensed blind vendor” means a blind person who has been licensed by the Division to operate a vending facility on federal, State, or other property. (6) “Occupant” means any State agency, board, commission, institution, or commercial concession which occupies space within property controlled by the Department. (7) “Program” means the Maryland Vending Program for the Blind. (8) “Property controlled by the Department” means any buildings, land, or other real property owned or leased by the State which is managed by Department personnel. (9) “Reasonable services and maintenance costs in accordance with customary business practices” means personnel and repair costs, including equipment and transportation costs, taxes, overhead and administration costs and commercial vendor profits. (10) “Receipts” means payments made to the program by a commercial vending company which operates services and maintains vending machines on property controlled by the property managing agency. (11) “Vending facility” means vending machines, cafeterias, snack bars, and other concession stands for the sale of foods, beverages, newspapers, periodicals, confections, tobacco products, and other merchandise including the sale or exchange of chances for any lottery authorized by State law and conducted by an agency of the State. (12) “Vending machine” means a currency-operated machine that dispenses products or services. (13) “Vending machine income” means: receipts, other than those of a licensed blind vendor, from vending machine operations on property controlled by the Department after deducting costs of goods sold, including reasonable service and maintenance costs in accordance with customary business practices. #### Regulation .02 Priority. *COMAR 21.11.09.02* A. The Department shall cooperate with the Division to establish, whenever possible, vending facilities on property controlled by the Department. B. The Program has priority to operate a vending facility on property controlled by the Department, according to the following: (1) The Department shall give the Program the first opportunity to operate: (a) A new vending facility on property controlled by the Department, on terms that are equal to or more favorable than the Department would offer to another operator; (b) An existing Program vending facility on property controlled by the Department on terms that are equal to or more favorable than the existing terms; (2) The Department may offer the opportunity to others only if the Program declines to accept the first opportunity to operate a vending facility. #### Regulation .03 Procedures for Establishment of Vending Facilities. *COMAR 21.11.09.03* A. Survey of Property. The Program, in cooperation with the Department and occupants, shall survey all property controlled by the Department and recommend to the Department what vending facilities are required to adequately serve the occupants at each location, according to the following: (1) The Department shall provide to the Division an inventory of existing property controlled by the Department by July 1 of each year; (2) As early as possible, the Department shall notify the Division in writing of plans to renovate existing property, relocate, purchase, build, or otherwise acquire management of property to be controlled by the Department; (3) Factors to be considered by the Program and the Department include, but are not limited to: (a) The site's accessibility; (b) Available space; (c) Available funding; and (d) Other factors relevant to a determination of the suitability of a location. B. Determination of Need. (1) The Program shall make a recommendation to the Department and, where appropriate, the occupant, within 30 days after receipt of notification regarding the need to establish, expand, relocate, or otherwise alter vending facilities at each site. (2) The Department, after consultation with the occupant where appropriate, shall make the final decision regarding the location of all vending facilities on property controlled by the Department. #### Regulation .04 Operation of Vending Facilities. *COMAR 21.11.09.04* A. The Department and the Division shall enter into written agreements authorizing the establishment of each vending facility and setting forth the terms for operation and maintenance of each vending facility including, but not limited to, matters such as overhead, maintenance, utilities, equipment repair, and replacement. B. The Program shall manage all vending facilities on property controlled by the Department in accordance with the standards established by the written agreements and by COMAR 13A.11.04. C. The Program may contract with third parties to provide vending machine services on property controlled by the Department. #### Regulation .05 Vending Machine Income. *COMAR 21.11.09.05* Vending machine income resulting from the operation of vending machines on property controlled by the Department shall be paid to the Division. The Division shall distribute the vending machine income to the licensed blind vendor operating a vending facility where the vending machine income is generated or, if there is no person managing the vending facility, to the Program.