§ 12-104

(a) Except as provided in subsection (b) of this section, the Board may modify or waive any requirement under this Division II for a procurement contract or a class of procurement contracts that is to be performed entirely outside the United States, or any lease of real property outside this State, to the extent that:

(1) the purposes stated in § 11–201(a) of this article are fostered;

(2) the circumstances require the modification or waiver; and

(3) foreign or out–of–state contractors are expected to be involved in the procurement.

(b) The Board may not modify or waive the following requirements:

(1) § 14–404 of this article (“Coal in heating systems”);

(2) Title 16, Subtitle 2 of this article (“Offenses Subject to Debarment”); and

(3) Title 17 of this article (“Special Provisions –– State and Local Subdivisions”).