Maryland 2024 Regular Session

Maryland House Bill HB1519 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1519
6	6
7	7	HOUSE BILL 1519
8	8	P2, F2 4lr3524
9	9	CF SB 1179
10	10	By: Delegate Kerr
11	11	Introduced and read first time: February 26, 2024
12	12	Assigned to: Rules and Executive Nominations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Procurement – University System of Maryland, Morgan State University, and St. 2
19	19	Mary’s College of Maryland 3
20	20
21	21	FOR the purpose of authorizing the Board of Regents of the University System of Maryland 4
22	22	to amend in a certain manner certain policies and procedures approved by the Board 5
23	23	of Public Works and the Administrative, Executive, and Legislative Review 6
24	24	Committee of the General Assembly governing procurements by the University 7
25	25	System of Maryland; providing that the University System of Maryland, Morgan 8
26	26	State University, and St. Mary’s College of Maryland are not required to submit a 9
27	27	contract for capital improvements or services for review and approval by the Board 10
28	28	of Public Works under certain circumstances; and generally relating to procurements 11
29	29	by the University System of Maryland, Morgan State University, and St. Mary’s 12
30	30	College of Maryland. 13
31	31
32	32	BY repealing and reenacting, without amendments, 14
33	33	Article – Education 15
34	34	Section 12–101(b)(1), (2), and (10) 16
35	35	Annotated Code of Maryland 17
36	36	(2022 Replacement Volume and 2023 Supplement) 18
37	37
38	38	BY repealing and reenacting, with amendments, 19
39	39	Article – Education 20
40	40	Section 12–112 21
41	41	Annotated Code of Maryland 22
42	42	(2022 Replacement Volume and 2023 Supplement) 23
43	43
44	44	BY repealing and reenacting, with amendments, 24
45	45	Article – State Finance and Procurement 25
46	46	Section 11–203(e) 26
47	47	Annotated Code of Maryland 27
48	48	(2021 Replacement Volume and 2023 Supplement) 28 2 HOUSE BILL 1519
49	49
50	50
51	51
52	52	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
53	53	That the Laws of Maryland read as follows: 2
54	54
55	55	Article – Education 3
56	56
57	57	12–101. 4
58	58
59	59	(b) (1) In this title the following words have the meanings indicated. 5
60	60
61	61	(2) “Board” or “Board of Regents” means the Board of Regents of the 6
62	62	University System of Maryland. 7
63	63
64	64	(10) “University” or “University of Maryland System” means the University 8
65	65	System of Maryland. 9
66	66
67	67	12–112. 10
68	68
69	69	(a) (1) Except as provided in § 11–203(e) of the State Finance and Procurement 11
70	70	Article, the University is exempt from Division II of the State Finance and Procurement 12
71	71	Article. 13
72	72
73	73	(2) (i) 1. [Subject] EXCEPT AS PROVIDED IN 14
74	74	SUBSUBPARAGRAPH 2 OF THIS SUBPARAGRAPH AND SUBJECT to review and approval 15
75	75	by the Board of Public Works and the Administrative, Executive, and Legislative Review 16
76	76	Committee of the General Assembly, the Board of Regents shall develop policies and 17
77	77	procedures governing procurements by the University. 18
78	78
79	79	2. WITHOUT FURTHER APPRO VAL NECESSARY FROM 19
80	80	THE BOARD OF PUBLIC WORKS AND THE ADMINISTRATIVE , EXECUTIVE, AND 20
81	81	LEGISLATIVE REVIEW COMMITTEE OF THE GENERAL ASSEMBLY, THE BOARD OF 21
82	82	REGENTS MAY AMEND THE POLICIES AND PROCEDU RES THAT WERE PREVIO USLY 22
83	83	APPROVED IN ACCORDAN CE WITH SUBSUBPARAGR APH 1 OF THIS SUBPARAGRAPH . 23
84	84
85	85	3. THE BOARD OF REGENTS SHALL NOTIFY THE BOARD 24
86	86	OF PUBLIC WORKS AND THE ADMINISTRATIVE , EXECUTIVE, AND LEGISLATIVE 25
87	87	REVIEW COMMITTEE OF THE GENERAL ASSEMBLY AFTER MAKING ANY 26
88	88	AMENDMENTS TO THE PO LICIES AND PROCEDURE S IN ACCORDANCE WITH 27
89	89	SUBSUBPARAGRAPH 2 OF THIS SUBPARAGRAPH . 28
90	90
91	91	(ii) The policies and procedures, INCLUDING ANY AMENDM ENTS 29
92	92	TO THE POLICIES AND PROCEDURES , developed under subparagraph (i) of this 30
93	93	paragraph shall promote the purposes of the State procurement law as set forth in § 31
94	94	11–201 of the State Finance and Procurement Article. 32
95	95
96	96	(b) The Board of Regents shall develop an information technology plan for the 33 HOUSE BILL 1519 3
97	97
98	98
99	99	University System of Maryland that includes information technology policies and 1
100	100	standards, including policies and standards for information management and 2
101	101	telecommunication systems, that are functionally compatible with the State Information 3
102	102	Technology Plan established under Title 3, Subtitle 4 of the State Finance and Procurement 4
103	103	Article. 5
104	104
105	105	(c) By January 1, 2007, the Board of Regents shall develop a nonvisual access 6
106	106	clause for use in the procurement of computer–based instructional technology. 7
107	107
108	108	(d) The nonvisual access clause developed under subsection (c) of this section 8
109	109	shall be consistent with the standards developed by the Department of Budget and 9
110	110	Management in accordance with the provisions of § 3–412 of the State Finance and 10
111	111	Procurement Article. 11
112	112
113	113	Article – State Finance and Procurement 12
114	114
115	115	11–203. 13
116	116
117	117	(e) (1) In this subsection, “University” means the University System of 14
118	118	Maryland, Morgan State University, or St. Mary’s College of Maryland. 15
119	119
120	120	(2) Except as otherwise provided in this subsection, this Division II does 16
121	121	not apply to the University System of Maryland, Morgan State University, St. Mary’s 17
122	122	College of Maryland, or Baltimore City Community College. 18
123	123
124	124	(3) (i) A procurement by a University or Baltimore City Community 19
125	125	College shall comply with the policies and procedures developed by the University or 20
126	126	Baltimore City Community College and approved by the Board of Public Works and the 21
127	127	Administrative, Executive, and Legislative Review Committee of the General Assembly in 22
128	128	accordance with: 23
129	129
130	130	1. § 12–112 of the Education Article for the University 24
131	131	System of Maryland; 25
132	132
133	133	2. § 14–109 of the Education Article for Morgan State 26
134	134	University; 27
135	135
136	136	3. § 14–405(f) of the Education Article for St. Mary’s College 28
137	137	of Maryland; or 29
138	138
139	139	4. § 16–505.3 of the Education Article for Baltimore City 30
140	140	Community College. 31
141	141
142	142	(ii) 1. The review and approval of the Board of Public Works 32
143	143	shall be required for the following types of contracts with a value that exceeds [$1,000,000 33
144	144	for a University or] $500,000 for Baltimore City Community College: 34
145	145	4 HOUSE BILL 1519
146	146
147	147
148	148	A. capital improvements; and 1
149	149
150	150	B. services. 2
151	151
152	152	2. THE REVIEW AND APPROV AL OF THE BOARD OF 3
153	153	PUBLIC WORKS SHALL BE REQUIR ED FOR THE FOLLOWING TYPES OF 4
154	154	STATE–FUNDED CONTRACTS WIT H A VALUE THAT EXCEE DS $1,000,000 FOR A 5
155	155	UNIVERSITY: 6
156	156
157	157	A. CAPITAL IMPROVEMENTS ; AND 7
158	158
159	159	B. SERVICES. 8
160	160
161	161	3. In its review of a BALTIMORE CITY COMMUNITY 9
162	162	COLLEGE contract OR A STATE–FUNDED UNIVERSITY CONTRACT for services or capital 10
163	163	improvements with a value that exceeds $1,000,000, the Board of Public Works may request 11
164	164	the comments of the appropriate agencies, including the Department of Budget and 12
165	165	Management and the Department of General Services. 13
166	166
167	167	[3.] 4. For Baltimore City Community College contracts that are 14
168	168	not subject to the review and approval of the Board of Public Works under subsubparagraph 15
169	169	1 of this subparagraph: 16
170	170
171	171	A. contracts with a value of $100,000 or less shall be reviewed 17
172	172	and approved by the President of Baltimore City Community College or the President’s 18
173	173	designee; and 19
174	174
175	175	B. contracts with a value that exceeds $100,000 but does not 20
176	176	exceed $500,000 shall be approved by the Board of Trustees of Baltimore City Community 21
177	177	College. 22
178	178
179	179	(4) The policies of a University or Baltimore City Community College shall: 23
180	180
181	181	(i) to the maximum extent practicable, require the purchasing of 24
182	182	supplies and services in accordance with Title 14, Subtitle 1 of this article; 25
183	183
184	184	(ii) promote the purposes of the regulations adopted by the 26
185	185	Department of General Services governing the procurement of architectural and 27
186	186	engineering services; 28
187	187
188	188	(iii) promote the purposes of § 13–402 of the State Personnel and 29
189	189	Pensions Article; 30
190	190
191	191	(iv) to the maximum extent practicable, be similar to § 13–218.1 of 31
192	192	this article; and 32
193	193	HOUSE BILL 1519 5
194	194
195	195
196	196	(v) to the maximum extent practicable, require the procurement of 1
197	197	food in accordance with Title 14, Subtitle 7 of this article. 2
198	198
199	199	(5) (i) Except as provided in paragraph (7) of this subsection, the 3
200	200	following provisions of Division II of this article apply to a University and to Baltimore City 4
201	201	Community College: 5
202	202
203	203	1. § 11–205 of this subtitle (“Collusion”); 6
204	204
205	205	2. § 11–205.1 of this subtitle (“Falsification, concealment, 7
206	206	etc., of material facts”); 8
207	207
208	208	3. § 13 –219 of this article (“Required 9
209	209	clauses – Nondiscrimination clause”); 10
210	210
211	211	4. § 13–225 of this article (“Retainage”); 11
212	212
213	213	5. Title 14, Subtitle 3 of this article (“Minority Business 12
214	214	Participation”); 13
215	215
216	216	6. Title 14, Subtitle 7 of this article (“Certified Local Farm 14
217	217	and Fish Program”); 15
218	218
219	219	7. Title 15, Subtitle 1 of this article (“Procurement Contract 16
220	220	Administration”); 17
221	221
222	222	8. § 15–226 of this article (“Policy established; timing of 18
223	223	payments; notice upon nonpayment; disputes; appeals”); and 19
224	224
225	225	9. Title 16 of this article (“Suspension and Debarment of 20
226	226	Contractors”). 21
227	227
228	228	(ii) If a procurement violates the provisions of this subsection or 22
229	229	policies adopted in accordance with this subsection, the procurement contract is void or 23
230	230	voidable in accordance with the provisions of § 11–204 of this subtitle. 24
231	231
232	232	(6) (i) The State Board of Contract Appeals shall have authority over 25
233	233	contract claims related to procurement contracts awarded by: 26
234	234
235	235	1. the University System of Maryland before July 1, 1999; 27
236	236
237	237	2. Morgan State University before July 1, 2004; and 28
238	238
239	239	3. Baltimore City Community College before July 1, 2021. 29
240	240
241	241	(ii) At the election of the Board of Regents of the University System 30
242	242	of Maryland and subject to the approval of the Board of Public Works, the State Board of 31 6 HOUSE BILL 1519
243	243
244	244
245	245	Contract Appeals shall have authority over contract claims related to procurement 1
246	246	contracts awarded by the University after June 30, 1999. 2
247	247
248	248	(iii) At the election of the Board of Regents of Morgan State 3
249	249	University and subject to the approval of the Board of Public Works, the State Board of 4
250	250	Contract Appeals shall have authority over contract claims related to procurement 5
251	251	contracts awarded by the University after June 30, 2004. 6
252	252
253	253	(iv) At the election of the Board of Trustees of St. Mary’s College of 7
254	254	Maryland and subject to the approval of the Board of Public Works, the State Board of 8
255	255	Contract Appeals shall have authority over contract claims related to procurement 9
256	256	contracts awarded by St. Mary’s College of Maryland after June 30, 2006. 10
257	257
258	258	(v) At the election of the Board of Trustees of Baltimore City 11
259	259	Community College and subject to the approval of the Board of Public Works, the State 12
260	260	Board of Contract Appeals shall have authority over contract claims related to procurement 13
261	261	contracts awarded by Baltimore City Community College after June 30, 2021. 14
262	262
263	263	(7) Except with regard to the provisions of § 15–113 of this article, 15
264	264	paragraphs (3), (4), and (5) of this subsection do not apply to: 16
265	265
266	266	(i) procurement by a University or Baltimore City Community 17
267	267	College from: 18
268	268
269	269	1. another unit; 19
270	270
271	271	2. a political subdivision of the State; 20
272	272
273	273	3. an agency of a political subdivision of the State; 21
274	274
275	275	4. a government, including the government of another state, 22
276	276	of the United States, or of another country; 23
277	277
278	278	5. an agency or political subdivision of a government; or 24
279	279
280	280	6. a bistate, multistate, bicounty, or multicounty 25
281	281	governmental agency; 26
282	282
283	283	(ii) procurement by a University in support of enterprise activities 27
284	284	for the purpose of: 28
285	285
286	286	1. direct resale; 29
287	287
288	288	2. remanufacture and subsequent resale; or 30
289	289
290	290	3. procurement by the University for overseas programs; or 31
291	291	HOUSE BILL 1519 7
292	292
293	293
294	294	(iii) procurement by the University System of Maryland for: 1
295	295
296	296	1. services of managers to invest, in accordance with the 2
297	297	management and investment policies adopted by the Board of Regents of the University 3
298	298	System of Maryland, gift and endowment assets received by the University System of 4
299	299	Maryland in accordance with § 12–104(e) of the Education Article; or 5
300	300
301	301	2. expenditures to manage, maintain, and enhance, in 6
302	302	accordance with the management and investment policies adopted by the Board of Regents 7
303	303	of the University System of Maryland, the value of gift and endowment assets received by 8
304	304	the University System of Maryland in accordance with § 12–104(e) of the Education Article. 9
305	305
306	306	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
307	307	October 1, 2024. 11
308	308