Current through Register Vol. 51, No. 19, September 20, 2024
A. 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.
B. The Secretary may contract with any person
to provide services, including consultant services, for the Department or for
using agencies.
C. The Secretary
may exercise or perform any power or duty that any unit in the Department may
exercise or perform.
D. 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.
E. 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.
F. Specific Powers and Duties.
(1) The Secretary has specific powers and
duties for:
(a) The design and construction
of public improvements;
(b)
Maintenance;
(c) The purchasing of
supplies (except insurance);
(d)
Services;
(e) Information
technology; and
(f) The leasing of
equipment, vehicles, and real property.
(2) Design, Construction, and Maintenance.
(a) 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.
(b) Duties of the Department include:
(i) 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;
(ii) Collect and maintain
records of both construction costs and work progress;
(iii) Supervise all appraisals in connection
with public improvements;
(iv)
Maintain a complete and accurate file of drawings and plans of all public
improvements; and
(v) Represent the
Board at the opening of all bids for public improvements, and tabulate, record,
and advise the Board of these bids.
(3) 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.
(4) Leasing.
(a) 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:
(i) Supervising the selection of locations,
negotiating rental rates, and finalizing lease agreements;
(ii) Publishing standards and criteria for
office space use; and
(iii)
Assigning leased space.
(b) Exceptions to the Secretary's leasing
authority are:
(i) Leases entered into by
Blind Industries and Services of Maryland as lessee; and
(ii) Leases involving the Maryland Department
of Transportation requiring improved or unimproved properties for its
projects.
(c) 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.
(d) 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:
(i)
Certain leases involving concession agreements; and
(ii) Leases acquired outside of
Maryland.
(e) The
Secretary may authorize a using agency to lease space on an emergency basis, if
requested.