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UNVERSITY SYSTEM OF MARYLAND
PROCUREMENT POLICIES AND PROCEDURES

SECTION I. - INTRODUCTION

The Board of Regents of the University System of Maryland
approved on December 3, 1999, these procurement policies and
procedures for the governance of procurements by the
University System of Maryland consistent with the mandate of
Chapter 515 of the Laws of 1999. Furthermore, the Board of
Regents has delegated to the Chancellor of the University
System of Maryland the authority to implement and to
delegate, as appropriate, to the presidents of the
constituent institutions, to the extent permitted by Board
of Regents policy, authority to implement these policies and
procedures.


SECTION II. - AUTHORITY AND DELEGATION

Pursuant to Chapter 515 of the Laws of 1999, Higher
Education-University System of Maryland-Coordination,
Governance and effective July 1, 1999, "except as provided
in Section 11-203(E) of the State Finance and Procurement
Article....the University System of Maryland is exempt from
Division II of the State Finance and Procurement Article."


SECTION III. - PURPOSE

These procurement policies and procedures are designed to
support and facilitate the educational, research, and public
service missions of the University System of Maryland and
its constituent institutions through the acquisition of
goods and services by applying best methods and business
practices that provide for public confidence in the System.

This document employs policies that are relevant to the USM
institution environment while providing for a procurement
process of quality and integrity, broad based competition,
fair and equal treatment of the business community,
increased economy in the procurement process, and uniform
procurement procedures. These values promote the purposes
of State procurement law, strike a balance between needed
institution self-management and the Board of Regents'
responsibility to govern the System.


SECTION IV. - APPLICABILITY

A.   General Applicability

     1.   These Policies and Procedures apply to contracts
          by the University System of Maryland and its
          constituent institutions for the acquisition,
          rental, purchase or lease of supplies, Services,
          Maintenance, Capital Improvements, and
          Architectural and Engineering services.

     2.   A procurement contract executed before the
          effective date of these Policies or Procedures
          shall be governed by those laws, policies, and
          procedures in effect at the time of the contract
          execution.

     3.   Subcontracts and sub-recipients and other
          agreements entered into by the University in
          fulfilling its obligations under federal, state,
          local and private grants and contracts are not
          procurement actions and are therefore not subject
          to these Policies and Procedures.

     4.   The Board of Regents may, from time to time, amend
          these policies and procedures in order that they
          remain consistent with current best methods and
          business practices. These changes shall be
          submitted to the Administrative, Executive, and
          Legislative Review committee of the Maryland
          General Assembly for comment.

B.   Exclusions

     These policies and procedures do not apply to:
          
     1.   The lease, sale, purchase, transfer, disposal or
          any other action involving an interest in Real
          Property.

     2.   The sale, transfer and disposal of surplus
          personal property.

     3.   Collaborative undertakings that support the
          mission of the University.

     4.   Reimbursement contracts for which user eligibility
          and cost is set by law or by rules and regulations
          (e.g. Medicaid).

     5.   Intergovernmental contracts or like-business
          agreements.

     6.   Purchases for the purposes of resale or
          remanufacture and subsequent resale.

     7.   Agreements creating contractual employee
          relationships.

     8.   Cultural, entertainment, intercollegiate athletic
          contracts, and exhibitions or displays on
          university property.

     9.   Surveying and evaluating architecturally,
          archaeologically, historically or culturally
          significant properties, and other than as to
          architectural services, preparing historic
          preservation planning documents and educational
          material.

     10.  Protection and administration of intellectual
          property rights,

     11.  Housing, food and related supply or service
          contracts for conference facilities
     
     12.  Contracts of the University System of Maryland and
          its constituent institutions for programs and
          operations located or implemented out of the
          United States.

     13.  Any  procurement or contract to the extent of any
          conflict with a governing federal law, regulation,
          assistance instrument, or other requirement; or
          the terms of any gift.

     14.  Contracts for the purchase, use, or development of
          curricular materials.
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