Md. Code Regs. 21.02.05.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 21.02.05.01 - Duties, Responsibilities, and Authority

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.

Md. Code Regs. 21.02.05.01

Regulation .01E amended effective January 14, 1985 (12:1 Md. R. 17)
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); amended effective 47:13 Md. R. 643, eff. 6/29/2020