reglab/housing_qa huggingface dataset:
MD. State Finance and Procurement Code Ann. §  13-214 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-214 - Pricing

    (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 into a cost-plus-a-percentage-of-cost procurement contract.        (2)    A contractor who is subject to a cost-reimbursement contract may not enter into a cost-plus-a-percentage-of-cost subcontract.
MD. State Finance and Procurement Code Ann. §  13-215 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-215 - Cost-Reimbursement Contracts

    (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 under any other type of contract.    (b)    A unit may not enter into a procurement contract that is wholly or partly a cost-reimbursement contract unless the procurement officer determines that the accounting system of the contractor:        (1)    will allow timely development of all necessary cost data in the form required by the specific type of procurement contract under consideration; and        (2)    is adequate to allocate costs in accordance with generally accepted accounting principles.    (c)    A cost-reimbursement contract shall provide that costs, including costs for subcontractors, will be reimbursed only if the costs are allowable and allocable under:        (1)    the procurement contract; or        (2)    the regulations of the Board on cost principles.    (d)    A contractor under a cost-reimbursement contract shall give notice to and, as required under the contract, obtain approval from a procurement officer before the contractor enters into:        (1)    a cost-reimbursement subcontract; or        (2)    any subcontract involving more than:            (i)    $25,000; or            (ii)    5% of the estimated cost of the procurement contract.
MD. State Finance and Procurement Code Ann. §  13-216 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-216 - Security for Payment; Performance

    (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 contractor to provide a performance bond, payment bond, or other security if federal law or a condition of federal assistance requires the security.    (c)    If the price of a procurement contract for construction exceeds $100,000, a procurement officer shall require a contractor to provide security as required under Title 17, Subtitle 1 of this article.    (d)    A procurement officer may require a contractor to provide a performance bond or other security on a procurement contract for supplies, services, or construction related services if:        (1)    circumstances warrant security; and        (2)    the price of the procurement contract exceeds $100,000.    (e)    (1)    The Board shall adopt regulations to establish separate surety bond forms for procurement officers to use to require security for:            (i)    fixed–price contracts; and            (ii)    multiyear contracts.        (2)    The form for multiyear contracts shall provide for annual and renewable contracts.
MD. State Finance and Procurement Code Ann. §  13-218.1 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-218.1 - Service Contract

    (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 exclusive representative of the employees who may be affected by the service contract with:            (i)    written notice of:                1.    work that is being proposed for contracting; and                2.    contracting procedures, requirements, timetables, and employee rights as provided in Title 13, Subtitle 4 of the State Personnel and Pensions Article; and            (ii)    a reasonable opportunity to meet and discuss alternatives to the proposed service contract.        (2)    (i)    1.    Except as provided in subsubparagraph 2 of this subparagraph, this paragraph applies to a solicitation for a service contract for janitorial services.                2.    This paragraph does not apply to a service contract for janitorial services under Title 14, Subtitle 1 of this article.            (ii)    In consultation with the Department of General Services, the Board shall adopt regulations concerning a solicitation for a service contract for janitorial services to require that a bidder or offeror delineate its costs by category, including:                1.    labor;                2.    cleaning supplies; and                3.    projected man–hours to satisfactorily complete the service.    (c)    A violation of this section does not constitute grounds to challenge or appeal an award of a procurement or the process through which the procurement was conducted.
MD. State Finance and Procurement Code Ann. §  13-219 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-219 - Required Clauses -- Nondiscrimination Clause

    (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 the contractor to include a similar clause in every subcontract except a subcontract for standard commercial supplies or raw materials; and        (3)    require each contractor and subcontractor subject to this clause to post conspicuously a notice that sets forth the provisions of the clause in a place that is available to employees and applicants for employment.    (d)    If the nondiscrimination clause is omitted from a contract or subcontract subject to this section, the State may declare the contract to be void. In that event, the contractor is entitled to the reasonable value of work that has been performed and materials that have been provided.    (e)    If a contractor willfully fails to comply with the requirements of the nondiscrimination clause and the contract is partly executory, the State may compel the contractor to continue to perform under the contract, but the State:        (1)    is liable for no more than the reasonable value of work performed and materials provided after the date on which the breach of contract was or should have been discovered; and        (2)    shall deduct any money that has been paid under the contract from the money that becomes due under item (1) of this subsection.    (f)    If a subcontractor willfully fails to comply with the requirements of a nondiscrimination clause, the contractor may void the subcontract. In that event, the contractor is liable for no more than the reasonable value of work performed or materials provided.    (g)    (1)    Any person, including an employee or prospective employee, who has information about a violation of this section or a nondiscrimination clause may inform the Board.        (2)    The Board:            (i)    shall cause an immediate investigation of the charge; and            (ii)    if it concludes that the charge is true, may invoke any remedy available by law.
MD. State Finance and Procurement Code Ann. §  13-220 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-220 - Cost and Price Information

    (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 general buying public; or            (ii)    discounted prices at which sales are currently or were last made to local, State, or federal governmental units.    (b)    This section applies to all procurements by units except:        (1)    a procurement for which the price will be established by competitive sealed bidding; or        (2)    a lease of real property or an amendment to a lease of real property.    (c)    An offeror or contractor shall submit cost and price information for a procurement contract, change order, or contract modification if the price:        (1)    is expected to exceed $100,000 or a smaller amount set by the procurement officer; and        (2)    is not:            (i)    based on adequate price competition;            (ii)    based on the established catalog or market price of commercial items sold in substantial quantities to a significant number of buyers; or            (iii)    set by law.    (d)    An offeror or contractor required to submit cost and price information shall certify that, to the best knowledge of the offeror or contractor, the information is:        (1)    accurate;        (2)    complete; and        (3)    current as of a specific date that:            (i)    has been determined by the procurement officer and the offeror or contractor; and            (ii)    occurs before the conclusion of price discussions.    (e)    Each procurement contract, change order, or contract modification for which a cost and price certificate is required shall contain a provision that the price, including profit or fee, shall be reduced to exclude any significant price increases in a component that result because the contractor provided cost or price information that, as of the date specified under subsection (d)(3) of this section, was inaccurate, incomplete, or not current.
MD. State Finance and Procurement Code Ann. §  13-221 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-221 - Disclosures to Secretary of State

    (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 and subsidiary entities, any 1 of which participates in at least 5% of the capital or profits of a business; or            (iii)    possession of an interest that exists under an agreement, contract, relationship, understanding, or other arrangement and entitles a person to benefits substantially equivalent to an ownership interest of 5% or more of a business.        (2)    In this section, unless there are special circumstances, an individual is deemed to hold an ownership interest that is held by the individual’s spouse, the individual’s child, or other relative of the individual who lives in the individual’s home.    (c)    (1)    If, during a calendar year, a business enters into contracts, leases, or other agreements, with the State or its units or both, under which the business is to receive from the State or its units or both a total of $200,000 or more, the business shall file with the Secretary of State a list that contains the name and address of:            (i)    any resident agent of the business;            (ii)    each officer of the business; and            (iii)    if known, each person who has beneficial ownership of the business.        (2)    The list shall be filed within 30 days of the date when the total value of the contracts, leases, or other agreements entered into during the calendar year reaches $200,000.        (3)    If a person who has beneficial ownership is unknown to the business, it is sufficient for the business to disclose the legal ownership or the identity of the nominee who holds title for the unknown person.    (d)    A business or an officer of a business who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.
MD. State Finance and Procurement Code Ann. §  13-222 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-222 - Payment of Taxes, Unemployment Insurance Contributions, Reimbursement Payments, and Interest; Sales and Use Tax Licenses

    (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 payments, and interest not barred by limitations and payable to the Comptroller, the Department of Assessments and Taxation, or the Maryland Department of Labor or has provided for payment in a manner satisfactory to the unit responsible for collection; and        (2)    if the bidder or offeror is a vendor of tangible personal property, the bidder or offeror possesses a valid sales and use tax license under Title 11, Subtitle 7 of the Tax – General Article.    (b)    Before a unit awards any procurement contract for $100,000 or more, the unit shall verify through the Office of the Comptroller:        (1)    that all taxes, unemployment insurance contributions, reimbursement payments, and interest not barred by limitations and payable by the contractor to the Comptroller, the Department of Assessments and Taxation, and the Secretary of Labor are paid or that payment has been provided for in a manner satisfactory to the unit responsible for collection; and        (2)    if the contractor is a vendor of tangible personal property, that the contractor possesses a valid sales and use tax license under Title 11, Subtitle 7 of the Tax – General Article.    (c)    The Board may waive the requirements of this section if the Board determines that:        (1)    the procurement is essential or in the best interests of the State; and        (2)    there is no other known source for the procurement at a reasonable cost.    (d)    In any solicitation, a unit shall provide notice of the requirements of this section.
MD. State Finance and Procurement Code Ann. §  13-223 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-223 - Contingent Fees

    (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 this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide salesperson, or commercial selling agency, any fee or other consideration contingent on the making of this agreement.”    (b)    (1)    (i)    Except as provided in subparagraph (ii) of this paragraph, unless a person is a bona fide employee, bona fide salesperson, or commercial selling agency working for the contractor, the person may not offer or agree to solicit or secure a procurement contract under this subtitle if the person’s fee is contingent on, or results from, the making of the procurement contract.            (ii)    A regulated lobbyist, who is described in § 5–702(a)(1), (2), or (3) of the General Provisions Article, may not offer or agree to solicit or secure a procurement contract under this subtitle if the lobbyist’s fee is contingent on, or results from, the making of the procurement contract.        (2)    (i)    Except as provided in subparagraph (ii) of this paragraph, a contractor or a person who provides architectural or engineering services may not offer to pay a fee or other consideration that is contingent on the making of a procurement contract under this article.            (ii)    This paragraph does not apply to a payment to a bona fide employee, bona fide salesperson, or commercial selling agency working for the contractor or person providing architectural or engineering services.        (3)    An employee of a unit may not solicit or secure or offer to solicit or secure a procurement contract under this article between the unit and any other person for which the employee is paid or is to be paid a fee or other consideration that is contingent on the making of the procurement contract.
MD. State Finance and Procurement Code Ann. §  13-225 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-225 - Retainage

    (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 article under a State procurement contract for construction, the percentage specified in the contract for retainage may not exceed 5% of the total amount.        (2)    In addition to retainage, a primary procurement unit and the Maryland Transportation Authority may withhold from payments otherwise due a contractor any amount that the unit reasonably believes necessary to protect the State’s interest.        (3)    Retainage withheld by a primary procurement unit and the Maryland Transportation Authority may be deposited in an interest-bearing escrow account in accordance with § 15-108 of this article.    (c)    (1)    A contractor may not retain a percentage of payments due a subcontractor that exceeds the percentage of payments retained by the primary procurement unit or the Maryland Transportation Authority.        (2)    Paragraph (1) of this subsection may not be construed to prohibit a contractor from withholding any amount in addition to retainage if the contractor determines that a subcontractor’s performance under the subcontract provides reasonable grounds for withholding the additional amount.    (d)    (1)    A subcontractor may not retain a percentage of payments due a lower tier subcontractor that exceeds the percentage of payments retained from the subcontractor.        (2)    Paragraph (1) of this subsection may not be construed to prohibit a subcontractor from withholding any amount in addition to retainage if the subcontractor determines that a lower tier subcontractor’s performance under the subcontract provides reasonable grounds for withholding the additional amount.    (e)    If retainage has been placed in escrow under § 15-108 of this article, each payment of retainage shall include a pro rata portion of interest earned.    (f)    This section may not be construed to limit the application of the provisions of Title 17, Subtitle 1 of this article.
MD. State Finance and Procurement Code Ann. §  13-226 (2021)
2021 Maryland Statutes|State Finance and Procurement|Division II - General Procurement Law|Title 13 - Source Selection -- State Procurement Contracts|Subtitle 2 - Procedural Requirements|Part III - Contract Formation|Section 13-226 - Electronic Transactions

    (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 bidder to conduct by electronic means all elements of the procurement of that contract which the unit agrees to conduct by electronic means.    (c)    (1)    (i)    Except as provided in paragraph (2) of this subsection, a unit utilizing electronic means to conduct procurement or a private contractor furnishing to the State electronic means for conducting procurement may charge a reasonable fee, as determined in consultation with the Chief Procurement Officer, to the bidder for the use of the electronic means.            (ii)    Any fees collected under subparagraph (i) of this paragraph shall be deposited in the Electronic Transaction Fund established under § 13–102.1(c) of this subtitle.        (2)    Unless approved by the Board of Public Works, a fee may not be charged under this subsection.    (d)    The terms and conditions of a procurement conducted under this section shall comply with the Uniform Electronic Transactions Act in Title 21 of the Commercial Law Article.