Sec. 21.05.09.01. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Governmental entity” means:

(a) The federal government or an agency or other instrumentality of the federal government;

(b) Another state or an agency or other instrumentality of another state;

(c) A bistate or multistate agency;

(d) A county, municipal corporation, or other political subdivision of the State or of another state, or an agency or other instrumentality of the political subdivision;

(e) A bicounty or multicounty agency;

(f) A primary procurement unit or the University System of Maryland; or

(g) An affiliation, alliance, consortium, or group composed solely of governmental entities that is established for purposes of promoting intergovernmental cooperative purchasing.

(2) “Intergovernmental cooperative purchasing agreement” means a contract:

(a) That is:

(i) Entered into by at least one governmental entity and a person selected in a manner that is consistent with the purposes set forth under COMAR 21.01.01.03;

(ii) Available by its express terms for use by the governmental entity entering the contract and at least one additional governmental entity which may be, but need not be, an original party to the contract; and

(iii) Intended to promote efficiency and savings that can result from intergovernmental cooperative purchasing; or

(b) Between a primary procurement unit and a person who, at the time the intergovernmental cooperative purchasing agreement is awarded, has a contract with the federal government or an agency or other instrumentality of the federal government, and who agrees to provide the unit with identical prices, terms, and conditions as stipulated in the federal contract.

(3) “Lead jurisdiction” means a governmental entity that sponsors or conducts an intergovernmental purchasing agreement and on behalf of the participants issues, receives, opens, and evaluates bids or proposals received in response to a solicitation.

(4) “Primary procurement unit” means:

(a) The State Treasurer;

(b) The Department of General Services;

(c) The Department of Transportation;

(d) The Maryland Port Commission;

(e) Morgan State University;

(f) St. Mary's College of Maryland; and

(g) The University System of Maryland.