reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 12 - Organization and Supervision of State Procurement › Subtitle 5 - Disclosure Requirements Regarding Involvement in Deportations › Section 12-511 - Protest

The entity or any other bidder or offeror for a procurement contract to provide MARC service may not submit a protest under § 15–217 of this article relating to the requirements of this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 1 - Methods of Source Selection › Section 13-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Designated procurement unit” means:
(1)    the Department of General Services;
(2)    the Department of Transportation; or
(3)    the Department of Information Technology, only with respect to an information technology master contract executed before July 1, 2022, until the earlier of:
(i)    the expiration date of all information technology master contracts; or
(ii)    June 30, 2027.
(c)    “eMaryland Marketplace” or “eMaryland Marketplace Advantage” means the Internet–based procurement system managed by the Department of General Services.
(d)    “Evaluated bid price” means the price of a bid after adjustment in accordance with objective measurable criteria.
(e)    “Master contracting” means a streamlined procurement method that provides for the qualification of bidders and offerors for the procurement of services, supplies, or commodities.
(f)    (1)    “Objective measurable criteria” means standards that enable the State to compare the economy, effectiveness, or value of the subject of the bids.
(2)    “Objective measurable criteria” includes standards of reliability, operational costs, maintainability, useful life, and residual value.
(g)    “Pay–for–success contracting” means a performance–based procurement method through which a unit contracts with an organization to deliver services or commodities in exchange for payment based on the achievement of outcomes.
(h)    “Person” includes, unless the context requires otherwise:
(1)    the State;
(2)    a county, a municipal corporation, or any other political subdivision; and
(3)    any unit of the State government or a political subdivision.
(i)    “Task order” means a procurement process in which only those vendors with master contracts may compete to provide the services, supplies, or commodities under the procurement.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 1 - Methods of Source Selection › Section 13-102 - Available Methods

(a)    The following procurement methods are authorized at the procurement officer’s discretion, where applicable:
(1)    competitive sealed bids under § 13–103 of this subtitle;
(2)    competitive sealed proposals under § 13–104 or § 13–105 of this subtitle;
(3)    noncompetitive negotiation under § 13–106 of this subtitle;
(4)    sole source procurement under § 13–107 of this subtitle;
(5)    emergency or expedited procurement under § 13–108 of this subtitle;
(6)    small procurement under § 13–109 of this subtitle;
(7)    an intergovernmental cooperative purchasing agreement under § 13–110 of this subtitle;
(8)    auction bids under § 13–111 of this subtitle;
(9)    architectural, engineering, and land surveying services qualification based selection under § 13–112 of this subtitle;
(10)    master contracting under § 13–113 of this subtitle; or
(11)    pay–for–success contracting under § 13–112.1 of this subtitle.
(b)    (1)    In awarding a procurement contract for human, social, cultural, or educational service, the preferred method is by competitive sealed proposals under § 13–104 of this subtitle.
(2)    In awarding a procurement contract for a lease of real property, the preferred method is by competitive sealed proposals under § 13–105 of this subtitle.
(3)    Procurement under an intergovernmental cooperative purchasing agreement is appropriate in situations where the State is expected to achieve a better price as the result of economies of scale or to otherwise benefit by purchasing in cooperation with another governmental entity.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 1 - Methods of Source Selection › Section 13-102.1 - Fees for Use of Emaryland Marketplace; Electronic Transaction Fund

(a)    A unit may not charge a fee to access eMaryland Marketplace.
(b)    (1)    Subject to approval by the Board of Public Works, the Chief Procurement Officer may establish fees for the use of eMaryland Marketplace by an entity that publishes a notice of a procurement, conducts a procurement, or publishes a notice of award.
(2)    The Chief Procurement Officer may not charge a unit, as defined in § 11–101(y) of this article, a fee under this subsection.
(c)    Subject to approval by the Board of Public Works, the Chief Procurement Officer, in consultation with the Department of Budget and Management, may establish fees for:
(1)    training;
(2)    strategic sourcing; and
(3)    administrative costs.
(d)    (1)    There is an Operations Revenue Fund in the Department of General Services.
(2)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of this article.
(3)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(4)    The Fund consists of any fees imposed and collected under subsection (b)(1) or (c) of this section and § 13–226(c) of this title.
(5)    The Fund shall be used by the Department of General Services to cover the actual documented direct and indirect operating expenses of the Office of State Procurement.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 1 - Methods of Source Selection › Section 13-105 - Competitive Sealed Proposals -- Real Property Leases

(a)    A request for proposals for a lease of real property shall include:
(1)    a work statement that shall be used as a basis for the evaluation of proposals;
(2)    a statement of the factors, including price, that will be used in evaluating proposals; and
(3)    a statement of the relative importance of each factor.
(b)    Subject to the requirements of Title 4, Subtitle 3, Part III of this article, a unit shall publish a request for proposals in the same manner as required for an invitation for bids.
(c)    After proposals have been opened, the procurement officer shall reject any proposal that is unacceptable.
(d)    (1)    If more than three proposals are submitted, the procurement officer may conduct negotiations with the offerors who, based on a preliminary evaluation in accordance with the evaluation factors, have submitted the three best proposals.
(2)    Negotiations are not required if the request for proposals:
(i)    notified all offerors that negotiations would not be conducted; and
(ii)    requested best and final offers.
(e)    (1)    The procurement officer:
(i)    may establish a maximum fair market rental rate for each premises offered;
(ii)    during negotiations, may not disclose to an offeror any information derived from the proposal of a competing offeror, except price and information directly related to price; and
(iii)    after negotiations, may reject a proposal that exceeds the maximum fair market rate.
(2)    After receiving best and final offers:
(i)    a procurement officer may conduct further negotiations with the successful offeror to obtain for the State the best price, conditions, and services; and
(ii)    any modification of a successful offer must be in the best interests of the State.
(f)    By direct solicitation and without republication of notice, the procurement officer may acquire other offers if:
(1)    (i)    negotiations and best and final offers fail to produce a lease for real property with terms comparable to market rental rates in the boundaries in which the unit must obtain the lease; and
(ii)    the final offeror did not accept a lease with terms comparable to the market rental rates; or
(2)    the public notice of requests for proposals fails to produce a response or offer of a lease for real property.
(g)    If a procurement officer determines that renewal of an existing lease is in the best interests of the State, the procurement officer may negotiate the renewal without soliciting other offers.
(h)    After obtaining any approval required by law, the procurement officer shall award the procurement contract to the responsible offeror who submits the proposal or best and final offer determined to be the most advantageous to the State considering:
(1)    the price and evaluation factors set forth in the request for proposals; and
(2)    the modifications to those factors under the negotiation process.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 1 - Methods of Source Selection › Section 13-106 - Noncompetitive Negotiation for Certain Human, Social, or Educational Services

(a)    A procurement officer may award a procurement contract on the basis of noncompetitive negotiation if:
(1)    the procurement is for human, social, or educational services to be provided directly to individuals with disabilities, individuals who are aged, indigent, disadvantaged, unemployed, mentally or physically ill, or displaced or minors;
(2)    the procurement is one of a class for which the Department of Budget and Management has approved the use of noncompetitive negotiation; and
(3)    with the approval of the head of the unit, the procurement officer determines that:
(i)    at least 2 sources are available for the services; but
(ii)    the absence of effective competition makes it unreasonable to expect bids or proposals from the available sources.
(b)    (1)    Whenever a procurement is based on noncompetitive negotiation, a unit shall publish a request for general expressions of interest.
(2)    A request for general expressions of interest shall:
(i)    state the general requirement for services;
(ii)    request interested service providers to respond in writing with general expressions of interest; and
(iii)    be published in the same manner as required for an invitation for bids.
(c)    (1)    To satisfy all or part of the requirements of the State as they occur, and without additional advertising, the procurement officer may conduct discussions with any responsible service provider who has submitted an expression of interest.
(2)    As far as practicable in the course of administering a program, the unit shall treat fairly and equally with respect to discussions all responsible service providers who have submitted expressions of interest.
(d)    After obtaining any approval required by law, the unit may award a procurement contract if the head of the unit determines, on the basis of continuing discussions or past program experience, that an award will serve the best interests of the State.
(e)    A unit shall publish in eMaryland Marketplace notice of a procurement contract awarded under this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 1 - Methods of Source Selection › Section 13-107 - Sole Source Procurement

(a)    (1)    Whenever a procurement officer determines that there is only 1 available source for the subject of a procurement contract, the procurement officer may award the procurement contract without competition to that source.
(2)    Before awarding a procurement contract to a sole source, the procurement officer shall obtain:
(i)    the approval of the head of the unit; and
(ii)    any other approval required by law.
(b)    (1)    Subject to paragraphs (2) and (3) of this subsection, with the prior written approval of the Attorney General, a unit may enter into a sole source contract to obtain the services of a contractor in connection with:
(i)    threatened or pending litigation;
(ii)    appraisal of real property for acquisition by the State; or
(iii)    collective bargaining.
(2)    This subsection applies only to a procurement in which:
(i)    a unit obtains the services of a contractor to represent the State; and
(ii)    the nature of the services to be performed requires confidentiality.
(3)    This subsection does not apply if the unit reasonably can anticipate a continuing need for a contractor described in paragraph (1)(ii) or (iii) of this subsection.
(c)    Not more than 30 days after the execution and approval of a procurement contract awarded under this section, a unit shall publish in eMaryland Marketplace notice of the award.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 1 - Methods of Source Selection › Section 13-109 - Small Procurement

(a)    In this section, “small procurement” means a procurement for which:
(1)    a unit spends $50,000 or less;
(2)    a contractor provides services subject to § 11–202(3) of this article for expected annual revenues of $50,000 or less;
(3)    the Department of General Services or the Department of Transportation is seeking to award a procurement contract for a construction with a value that is $100,000 or less;
(4)    the Department of Natural Resources is seeking to award a procurement contract for capital projects or maintenance with a value that is $100,000 or less; or
(5)    for purposes of administering Title 29, Subtitle 1 of the State Personnel and Pensions Article, the State Retirement Agency spends $50,000 or less during a fiscal year for:
(i)    expenses related to independent medical evaluations by a physician; and
(ii)    any expenses related to testimony by the physician at administrative hearings on behalf of the Agency.
(b)    A unit may make small procurements in accordance with the regulations of primary procurement units.
(c)    A primary procurement unit may not create a small procurement by artificial division of a procurement.
(d)    Any regulation of a primary procurement unit to govern small procurements:
(1)    shall provide for a simplified administrative procedure;
(2)    shall be consistent with the basic intent of this Division II; and
(3)    may not be disadvantageous economically to the State.
(e)    At least every 3 years, the Board shall:
(1)    review the prevailing costs of labor and materials; and
(2)    if warranted by changes in cost, recommend to the General Assembly appropriate adjustments in the ceiling for a small procurement.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 1 - Methods of Source Selection › Section 13-114 - Regulations

(a)    The Board shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to establish a uniform process for the solicitation of master contracts and task orders.
(b)    Each designated procurement unit shall ensure compliance with the regulations set forth in subsection (a) of this section.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 1 - Methods of Source Selection › Section 13-115 - Basic Security Requirements in Contracts

(a)    The Department of Information Technology shall require basic security requirements to be included in a contract:
(1)    in which a third–party contractor will have access to and use State telecommunication equipment, systems, or services; or
(2)    for systems or devices that will connect to State telecommunication equipment, systems, or services.
(b)    The security requirements developed under subsection (a) of this section shall be consistent with a widely recognized security standard, including National Institute of Standards and Technology SP 800–171, ISO27001, or Cybersecurity Maturity Model Certification.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part I - Definitions › Section 13-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Change order” means a written order that:
(1)    is signed by the procurement officer; and
(2)    directs the contractor to make changes that the procurement contract authorizes the procurement officer to order without the consent of the contractor.
(c)    “Contract modification” means a written alteration that:
(1)    affects specifications, delivery point, date of delivery, period of performance, price, quantity, or other provisions of a procurement contract; and
(2)    is accomplished by mutual action of the parties to the procurement contract.
(d)    “Cost-reimbursement contract” means a procurement contract under which the State reimburses a contractor for fees and other costs that are:
(1)    recognized as allowable and allocable under the regulations of the Board on price and cost principles; and
(2)    within a stated ceiling.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part I - Definitions › Section 13-202 - Disclosure of Information; Maintenance of Records

(a)    After a solicitation is issued and until a recommendation is made by a procurement officer, a procurement officer may disclose to a person outside the Executive Department only:
(1)    whether a decision has been made regarding a solicitation; and
(2)    information that is available to the public under Title 4, Subtitles 1 through 5 of the General Provisions Article.
(b)    After a solicitation is issued, a procurement officer shall record and include in the procurement file the following information from an inquiry from a source outside the Executive Department:
(1)    the date and time of the inquiry;
(2)    the name and affiliation of the person making the inquiry; and
(3)    the substance and nature of the inquiry.
(c)    A procurement officer shall maintain a file on each procurement that includes:
(1)    a record of all inquiries required to be recorded under subsection (b) of this section;
(2)    all written solicitations by an agency or unit;
(3)    all offers received;
(4)    all internal and external correspondence regarding the procurement;
(5)    written documentation from the procurement officer describing efforts to confirm the information in the affidavits submitted by the successful bidder or offeror; and
(6)    the final contract.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part II - Source Selection › Section 13-205 - Drafting Specifications; Recycled Materials

(a)    A unit:
(1)    shall draft specifications to encourage maximum practicable competition without modifying the requirements of the State; and
(2)    may not draft specifications to favor a single prospective bidder or offeror.
(b)    A unit shall require a prospective bidder or offeror of supplies or construction to state in the bid or offer:
(1)    whether the procurement will or may include recycled materials; and
(2)    the types, amounts, and application of recycled materials that the bidder or offeror intends to include in the procurement.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part II - Source Selection › Section 13-206 - Cancellation of Solicitations; Rejection of Bids or Proposals

(a)    (1)    A procurement officer shall reject a bid or proposal if the procurement officer determines that:
(i)    the bid is nonresponsive or the proposal is unacceptable; or
(ii)    the bidder or offeror is not responsible.
(2)    The procurement officer shall include a determination under this subsection in the procurement file.
(b)    If, with the approval of the Board, a unit determines that it is fiscally advantageous or otherwise in the best interests of the State, the unit may:
(1)    cancel an invitation for bids, a request for proposals, or other solicitation; or
(2)    reject all bids or proposals.
(c)    A procurement officer may determine that a person is not a responsible bidder or offeror for:
(1)    unreasonable failure to supply information promptly in connection with a determination of responsibility under subsection (a) of this section; or
(2)    any other reason indicating that the person does not have:
(i)    the capability in all respects to perform fully the requirements for a procurement contract; or
(ii)    the integrity and reliability that will ensure good faith performance.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part II - Source Selection › Section 13-207 - Bid Security

(a)    Except as otherwise provided in this section, a procurement officer may not require a bidder or offeror to provide bid security on a procurement contract if the procurement officer expects the price to be $100,000 or less.
(b)    (1)    A procurement officer shall require a bidder or offeror to provide bid security on a procurement contract for construction if:
(i)    the price is expected to exceed $100,000; or
(ii)    the price is expected to be $100,000 or less but federal law or a condition of federal assistance requires the security.
(2)    The amount of bid security required for a procurement contract for construction shall be:
(i)    at least 5% of the bid or price proposal; or
(ii)    if the bid or price proposal states a rate but not a total price, an amount determined by the procurement officer.
(c)    (1)    A procurement officer may require a bidder or offeror to provide bid security on a procurement contract for services, supplies, or construction related services if the price of the procurement contract is expected to exceed $50,000.
(2)    A procurement officer shall require a bidder or offeror to provide bid security on a procurement contract for services, supplies, or construction related services if federal law or a condition of federal assistance requires the security.
(3)    The amount of bid security required for a procurement contract for services, supplies, or construction related services shall be an amount determined by the procurement officer. If a bid or proposal states a rate but not a total price, the procurement officer shall determine the dollar amount of the bid security.
(d)    Bid security under this section shall be:
(1)    a bond provided by a surety company authorized to do business in the State;
(2)    cash; or
(3)    another form of security allowed by regulation.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part II - Source Selection › Section 13-208 - Proper Security

(a)    Except as provided under subsection (b) of this section, if a procurement officer requires bid security, the procurement officer shall reject a bid or proposal that is not accompanied by proper security.
(b)    A procurement officer may accept a bid or proposal that is accompanied by bid security in less than the amount required if:
(1)    the procurement officer determines that:
(i)    the deficiency in the amount is insubstantial; and
(ii)    acceptance of the bid or proposal would be in the best interests of the State; and
(2)    the procurement officer further determines that:
(i)    the bid or proposal was the only one submitted and there is no time for rebidding;
(ii)    the bid security became inadequate as a result of the correction of a mistake in the bid or proposal or as a result of a modification in the bid or proposal in accordance with applicable regulations, and the bidder or offeror increased the amount of bid security to required limits within 48 hours after the correction or modification; or
(iii)    after consideration of the risks involved and the difference between the lowest bid and the next lowest bid, it would be fiscally advantageous to the State to accept the lowest bid or proposal.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part II - Source Selection › Section 13-209 - Withdrawal of Bids or Proposals

Whenever a bidder or offeror withdraws a bid or proposal, action may be taken against the bid security unless:
(1)    there is a mistake in the bid or proposal; and
(2)    the procurement officer allows the bidder or offeror to withdraw before the procurement contract is awarded.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part II - Source Selection › Section 13-210 - Inspection of Documents; Disclosure of Information

(a)    (1)    If a procurement officer decides to conduct a pre–bid conference to explain the requirements of a procurement that is expected to exceed $100,000, as soon as practicable after the conference concludes, the procurement officer shall have written minutes of the conference prepared.
(2)    The minutes of a pre–bid conference are public records and shall be open to public inspection during ordinary business hours.
(b)    (1)    Subject to Title 4 of the General Provisions Article:
(i)    a summary of the final evaluation of a proposal shall be open to public inspection;
(ii)    after an award, all proposals shall be open to public inspection; and
(iii)    at and after bid opening, the contents of a bid and any document submitted with the bid shall be open to public inspection.
(2)    Except as otherwise provided in this section, Title 4 of the General Provisions Article shall govern any request for the disclosure of information related to a procurement.
(c)    A procurement officer may deny public access to the advisory or deliberative records of an evaluator of a proposal if the records would not be available by law to a private party in litigation with the unit.
(d)    (1)    Before bid opening:
(i)    bids shall remain sealed; and
(ii)    the State may not disclose the name of a bidder.
(2)    Before the closing date for proposals, a procurement officer may not disclose the name of a person who has submitted a proposal.
(3)    Before awarding a procurement contract based on competitive sealed proposals, the State may not disclose the contents of a proposal to any person other than a person responsible for evaluating or reviewing the proposal.
(e)    Subsections (b)(1), (c), and (d) of this section do not affect the authority of the Board of Contract Appeals or a court of competent jurisdiction to:
(1)    decide that information is discoverable in an administrative or judicial proceeding; and
(2)    compel disclosure.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part II - Source Selection › Section 13-211 - Unlawful Conduct and Promises

(a)    In this section, “procurement official” means a procurement officer or an individual who participates in the drafting of specifications for procurement.
(b)    During the conduct of a procurement, a competing contractor, or any officer, employee, representative, agent, or consultant of any competing contractor, may not knowingly:
(1)    make any offer or promise of future employment or business opportunity to, or engage in any discussion of future employment or business opportunity with, any procurement official of the agency conducting the procurement;
(2)    offer, give, or promise to offer or give any money, gratuity, or other thing of value to any procurement official of the agency conducting the procurement; or
(3)    solicit or obtain from any officer or employee of an agency conducting the procurement, before the award of a contract, any proprietary or source selection information regarding the procurement.
2023 Maryland Statutes › State Finance and Procurement › Division II - General Procurement Law › Title 13 - Source Selection -- State Procurement Contracts › Subtitle 2 - Procedural Requirements › Part II - Source Selection › Section 13-212 - Conflict of Interests

(a)    Each invitation for bids or request for proposals for a contract that will involve the selection of a consultant who is to assist the unit in the formation, award, or execution of any State contract shall require that a bidder or offeror provide to the unit an affidavit that discloses any actual or potential conflict of interest of which the bidder or offeror knows, or can reasonably be expected to know, in accordance with regulations adopted under this section.
(b)    The Board shall adopt regulations concerning the disclosure and evaluation of conflicts of interest under this section.
2023 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 13-213 - Regulations on Price and Cost Principles

(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; and
(iii)    settlements of terminated procurement contracts;
(2)    to establish the allowability of costs under procurement contract provisions for the reimbursement of costs; and
(3)    in any other situation that requires the establishment of the estimated or incurred costs of performing a procurement contract.
2023 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.
2023 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.
2023 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.
2023 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 13-217 - Multi-Year Procurement Contracts

(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 subject to review and approval by that primary procurement unit.
(c)    A multi–year contract may not be approved unless each unit reviewing the multi–year contract determines that:
(1)    the estimated requirements of the State:
(i)    cover the period of the multi–year contract;
(ii)    are reasonably firm; and
(iii)    are continuing; and
(2)    the multi–year contract will serve the best interests of the State by encouraging effective competition or otherwise promoting economy in State procurement.
(d)    (1)    If money sufficient for the continued performance of a multi–year contract is not appropriated for any fiscal year, the multi–year contract terminates automatically on the earlier of:
(i)    the last day of the fiscal year for which money last was appropriated; or
(ii)    the date provided in the termination clause of the procurement contract.
(2)    If the multi–year contract is terminated under this subsection, the unit shall reimburse the contractor for the reasonable value of any nonrecurring costs that were:
(i)    incurred as a result of the multi–year contract; but
(ii)    not amortized in the price of the supplies or services delivered under the multi–year contract.
(3)    The cost of termination under this subsection may be paid from any appropriation available for that purpose.
(e)    Except as provided in subsection (f) of this section, each multi–year contract, including a lease of real property, shall include an automatic termination clause that:
(1)    is not inconsistent with the requirements of subsection (d) of this section; and
(2)    discharges both parties to the multi–year contract from future performance of that contract, but not from their existing obligations.
(f)    (1)    On the recommendation of the Secretary of General Services, the Board may waive the requirement to include an automatic termination clause under subsection (e) of this section for a multi–year contract to procure energy generated from a Tier 1 renewable source or a Tier 2 renewable source, as defined in § 7–701 of the Public Utilities Article.
(2)    In determining whether or not to grant a waiver under paragraph (1) of this subsection, the Board shall consider the effect of imposing the termination clause requirement  under subsection (e) of this section on the ability of the energy supplier to obtain financing for the renewable energy generation project that produces the energy that the State is contracting to procure.
2023 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 - Required Clauses -- in General

(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;
(6)    except for real property leases, the unilateral right of the State to order in writing:
(i)    changes in the work, if the changes are within the scope of the procurement contract; and
(ii)    a temporary stop or delay in performance;
(7)    the obligation of the contractor to comply with the political contribution reporting requirements under Title 14 of the Election Law Article, to which the contractor may be subject as required under § 17–402 of this article; and
(8)    nonvisual access for information technology as required under § 3A–312 of this article.
(b)    In addition to the clauses required under subsection (a) of this section, a procurement contract for construction shall include:
(1)    a clause providing for contract modification if the condition of a site differs from the condition described in the specifications; and
(2)    a clause covering the requirements for notice of contract claims, submission of contract claims, and resolution of contract claims under § 15–219 of this article.
(c)    Each procurement contract shall include a clause that gives to the parties notice that preexisting regulations apply to the procurement contract in accordance with § 11–206 of this article.
(d)    At any time after the parties enter into a procurement contract they may include additional clauses in the procurement contract, by consent, without consideration.
(e)    A clause required under this section for contract modification of or change orders to a procurement contract for construction shall:
(1)    make each contract modification or change order that affects the price of the procurement contract subject to:
(i)    prior written approval from the unit and any other person responsible for the procurement contract; and
(ii)    prior certification by the fiscal authority responsible for the unit about:
1.    the availability of money; and
2.    the effect of the contract modification or change order on the project budget or the total construction cost; and
(2)    prohibit the contract modification or change order if the certification by the fiscal authority discloses that the contract modification or change order will increase the cost beyond budgeted and available money, unless:
(i)    sufficient additional money is made available; or
(ii)    the scope of the project is adjusted to allow completion within the project budget.
2023 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.
2023 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.
2023 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.