(a) In accordance with Title 10, Subtitle 1 of the State Government Article, the Board shall adopt regulations on price and cost principles based on generally accepted accounting principles. (b) The principles adopted by the Board shall be used: (1) as guidelines for negotiations on: (i) estimated costs or fixed prices; (ii) price adjustments for contract modifications and change orders; […]
(a) (1) Subject to § 13-215 of this subtitle and subsection (b) of this section, a unit may enter into a procurement contract based on any method of pricing that will promote the best interests of the State. (2) If practicable, a unit shall give preference to a fixed-price form of procurement contract. (b) (1) A unit may not enter […]
(a) A unit may not enter into a cost-reimbursement contract unless the procurement officer determines that: (1) a cost-reimbursement contract is likely to be less costly to the State than any other type of contract; or (2) except for leases of real property, the kind or quality of procurement that the unit requires could not be obtained practicably […]
(a) Except as provided in subsection (b) of this section, a procurement officer may not require a contractor to provide a performance bond, payment bond, or other security on a procurement contract for construction, construction related services, services, or supplies if the price of the procurement contract is $100,000 or less. (b) A procurement officer shall require […]
(a) In this section, “multi–year contract” means a procurement contract that requires appropriations for more than 1 fiscal year. (b) (1) A unit may enter into a multi–year contract subject to: (i) standards established by the Board; and (ii) regulations adopted by the primary procurement unit that is responsible for the type of procurement involved. (2) A multi–year contract shall be […]
(a) Each procurement contract shall include clauses covering: (1) termination for default; (2) termination wholly or partly by the State for its convenience if the head of the primary procurement unit determines that termination is appropriate; (3) variations that occur between estimated and actual quantities of work in a procurement contract; (4) liquidated damages, as appropriate; (5) specified excuses for nonperformance; […]
(a) In this section, “service contract” has the meaning stated in § 13–401 of the State Personnel and Pensions Article. (b) (1) At least 60 days before the issuance of a solicitation for a service contract that is not exempt under § 13–403(c) or § 13–404(b) of the State Personnel and Pensions Article, the unit shall provide the […]
(a) This section is broadly applicable to all procurements by the State. (b) Each contract for procurement shall include a nondiscrimination clause as provided in this section. (c) The nondiscrimination clause shall: (1) prohibit discrimination in any manner by the contractor against an employee or applicant for employment because of sex, race, age, color, creed, or national origin; (2) require […]
(a) In this section, “established catalog price” means the price included in the most current catalog, price list, schedule, or other form that: (1) is regularly maintained by the manufacturer or supplier of an item; (2) is published or available for inspection by customers; and (3) states: (i) prices at which sales are currently or were last made to the […]
(a) The provisions of this section are broadly applicable and apply to all contracts, leases, or other agreements entered into by the State. (b) (1) In this section, “beneficial ownership” means: (i) any ownership interest of 5% or more in a business; (ii) any ownership interest of 5% or more in 1 or more entities in a chain of parent […]
(a) For a State procurement contract for $10,000 or more, except as provided in subsection (c) of this section, at the time a bid or proposal for any State procurement contract is submitted, the bidder or offeror shall certify to the procurement officer that: (1) the bidder or offeror has paid all taxes, unemployment insurance contributions, reimbursement […]
(a) Each procurement contract shall include the following clause: “The contractor, architect, or engineer warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the contractor, architect, or engineer, to solicit or secure […]
(a) (1) In this section the following words have the meanings indicated. (2) “Children of current or former recipients” has the meaning stated in § 5–304 of the Human Services Article. (3) “Department” means the Department of Human Services. (4) “Eligible contract” means a procurement contract designated by the Board as appropriate for the execution of a hiring agreement. (5) “FIP” […]
(a) (1) In this section the following words have the meanings indicated. (2) “Payment security” has the meaning stated in § 17-101 of this article. (3) “Performance security” has the meaning stated in § 17-101 of this article. (b) (1) If a contractor has furnished 100% payment security and 100% performance security in accordance with Title 17, Subtitle 1 of this […]
(a) Unless otherwise prohibited by law, a primary procurement unit may conduct procurement, including the solicitation, bidding, award, execution, and administration of a contract, by electronic means as provided in the Uniform Electronic Transactions Act in Title 21 of the Commercial Law Article. (b) Bidding on a procurement contract by electronic means shall constitute consent by the […]
(a) If a prime contractor requires a subcontractor to provide a bid, performance, or payment bond on a procurement contract for services, supplies, or construction related services with the State, the prime contractor may not require bid, performance, or payment bonding from the subcontractor that is more stringent than the bonding requirements in §§ 13–207 and […]
