reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.07 - Bid and Contract Security/Bonds › Section 21.06.07.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nothing
				contained in this chapter prevents a procurement officer from requiring
				performance or payment bonds, or both, on supply, service, maintenance, or
				construction-related service contracts if the contract is expected to exceed
				$100,000.
B. Acceptable security
				for bid, performance, and payment bonds is limited to:
(1) A bond in a form satisfactory to the
				State underwritten by a surety company authorized to do business in this State;
(2) A bank certified check, bank
				cashier's check, bank treasurer's check, cash, or trust account;
(3) Pledge of securities backed by the full
				faith and credit of the United States government or bonds issued by the
				State;
(4) An irrevocable letter of
				credit in a form satisfactory to the Attorney General and issued by a financial
				institution approved by the State Treasurer; or
(5) For performance security on construction
				contracts, the grant of a mortgage or deed of trust on real property located in
				the State when:
(a) Satisfactory to the
				procurement officer,
(b) The face
				amount of the instrument does not exceed 75 percent of the contractor's equity
				interest in the property, and
(c)
				The assignment of the mortgage or deed of trust is recorded in the county land
				records pursuant to Real Property Article, §
											3-103, Annotated Code
				of Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.07 - Bid and Contract Security/Bonds › Section 21.06.07.09 - Bid Security

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General.
(1) Solicitations on all State
				construction contracts when the contract is expected to exceed $100,000 require
				the submission of bid security in an amount equal to at least 5 percent of the
				amount of the bid or price proposal except that, for bids stating a rate but
				not a total cost, the bid bond shall be in an amount as determined by the
				procurement officer. Bid security or evidence of the posting of bid security
				shall be submitted with the bid or proposal. Bid bonds may be required for any
				other procurement over $50,000, as determined by the procurement officer. If a
				contractor fails to accompany its bid with the required bid security, the bid
				shall be considered nonresponsive and rejected except as provided by
				§§B and D of this regulation.
(2) A procurement officer may require a bid
				security for a bid or proposal for services, supplies, maintenance, or
				construction-related services if the contract is expected to exceed $50,000.
				The procurement officer shall set the amount of the security.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.07 - Bid and Contract Security/Bonds › Section 21.06.07.10 - Performance and Payment Bonds

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Performance Bonds.
(1) General. A performance
				bond is required for all construction contracts in excess of $100,000 in the
				amount equal to at least 100 percent of the contract price. A performance bond
				may be required for a contract for services, supplies, maintenance, or
				construction-related services expected to exceed $100,000, as determined by the
				procurement officer. The performance bond shall be delivered by the contractor
				to the State not later than the time the contract is executed. If a contractor
				fails to deliver the required performance bond, the contractor's bid shall be
				rejected, its bid security shall be enforced, and award of the contract may be
				made to the next lowest responsive and responsible bidder.
(2) Reduction of Amount Before Solicitation.
				The head of a procurement agency may reduce the amount of the performance bond
				required before solicitation if, after completing appropriate analysis, it is
				determined in writing by the head of a procurement agency to be less costly or
				more advantageous to the State to self-insure a part of the performance of the
				contractor. An analysis may be made for groups of contracts, or may be made on
				particular contracts, as the head of a procurement agency chooses. A copy of
				the analysis shall be available for public inspection.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.07 - Bid and Contract Security/Bonds › Section 21.06.07.11 - Federal Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
To the extent required by federal law or the conditions
				  governing federally assisted procurements, bid, performance, or payment
				  securities are governed by the federal requirements, notwithstanding
				  Regulations .01-.10 of this chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.08 - Inspection, Acceptance, Replacements, Revocation, and Rejection › Section 21.06.08.01 - Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Right to
				Inspect. The procurement agency may, before payment or acceptance, inspect at
				the time and the place of delivery labor performed or goods delivered pursuant
				to the contract.
B. Right to Reject
				and Notice of Rejection.
(1) The procurement
				agency shall inform the contractor of rejection of labor or goods within a
				reasonable time after delivery. The contractor shall be responsible for the
				labor or goods so rejected and any expenses once a rejection occurs. The
				procurement agency shall assume no responsibility for rejected labor or goods.
				After inspection, the procurement agency may, at its option:
(a) Return rejected goods to the contractor
				and forward along with the damaged goods the consignee's copy of the bill, if
				any, and the inspection report;
(b)
				Request removal of the goods; or
(c) Reject labor performed.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.08 - Inspection, Acceptance, Replacements, Revocation, and Rejection › Section 21.06.08.02 - Inspection and Testing of Supplies and Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Solicitation Provisions. Contracts may
				provide that the State may inspect labor or goods at the contractor's or
				subcontractor's facility and perform tests to determine whether they conform to
				solicitation requirements, or, after award, to contract requirements, and may
				be accepted. The inspections and tests shall be conducted in accordance with
				the terms of the solicitation or the contract.
B. Procedures for Trial Use and Testing. The
				procurement officer may establish operational procedures governing the testing
				and trial use of labor or goods and the application of resulting information
				and data to specifications or procurements.
C. Conduct of Inspections.
(1) Inspectors. Inspections or tests shall be
				performed so as not to unduly delay the work of the contractor or
				subcontractor. No inspector other than the procurement officer may change any
				provision of the specifications or the contract without written authorization.
				The presence or absence of an inspector does not relieve the contractor or
				subcontractor from any requirements of the contract.
(2) Location. When an inspection is made in
				the plant or place of business of a contractor or subcontractor, the contractor
				or subcontractor shall provide, without charge, all reasonable facilities and
				assistance for the safety and convenience of the person or persons performing
				the inspection or testing.
(3)
				Time. Inspection or testing of supplies and services performed at the plant or
				place of business of any contractor or subcontractor shall be performed at
				reasonable times.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.09 - Invoicing, Payment, and Interest on Late Payments › Section 21.06.09.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Late payment" means any amount that is due and
				payable by law under a written procurement contract, without deferral, delay,
				or set-off under COMAR
				21.02.07.03, and remains unpaid
				more than 37 days after an agency receives a proper invoice.
(2) "Payment" includes all required
				processing and authorization by the Comptroller of the Treasury, as provided
				under COMAR 21.02.07, and may be deferred, delayed, or set-off as applicable
				under COMAR 21.02.07.03.
(3)
				'Proper invoice " means a bill, written document, or electronic transmission,
				readable by the agency, provided by a vendor requesting an amount that is due
				and payable by law under a written procurement contract for property received
				or services rendered that meets the requirements of Regulation .02 of this
				chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.09 - Invoicing, Payment, and Interest on Late Payments › Section 21.06.09.02 - Required Invoice Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A Proper invoice, required as payment documentation, must
				  include the following information, without error:
A. The contractor's federal employer's
				identification number or Social Security number;
B. The procurement contract or purchase order
				number or another adequate description of the procurement contract;
				and
C. Any documentation required
				by regulation or the procurement contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.09 - Invoicing, Payment, and Interest on Late Payments › Section 21.06.09.03 - Receipt of Invoices

Current through Register Vol. 51, No. 14, July 12, 2024
For the purposes of determining a payment due date and the
				  date on which interest will begin to accrue if a payment is late, an invoice
				  shall be deemed to be received:
A. For
				invoices that are mailed, when a proper invoice is received by the agency, as
				of the date the agency annotates the invoice with the date and time of receipt;
				or
B. For invoices electronically
				transmitted, on the date the transmission is received by the agency, or the
				next business day if received after 5 p.m. Eastern Time.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.09 - Invoicing, Payment, and Interest on Late Payments › Section 21.06.09.04 - Review of Invoices

Current through Register Vol. 51, No. 14, July 12, 2024
Upon receipt of an invoice, an agency shall use the following
				  procedures:
A. Each invoice will be
				reviewed by the agency as soon as practicable after receipt, but no later than
				5 business days after receipt, to determine whether the invoice is a proper
				invoice as defined in Regulation . 01 of this chapter.
B. When the agency receives the invoice, the
				agency shall mark the invoice with the date the invoice was received.
C. Once the agency determines the invoice is
				proper, the agency shall submit the invoice to the Comptroller for payment
				within one business day after the determination.
D. If an agency determines the invoice is not
				a proper invoice, the agency shall notify the vendor of all defects that
				prevent processing and specify all reasons why the invoice is not proper within
				two business days after the determination. It is the responsibility of the
				vendor to submit a corrected invoice.
E. Media which produce tangible recordings of
				information may be used by agencies to expedite the payment process, rather
				than delaying the process by requiring original paper documents. Agencies shall
				provide adequate safeguards and controls to ensure the integrity of the data
				and to prevent duplicate processing.
F. Failure to comply with this regulation
				does not constitute a late payment as that term is defined in this
				chapter.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.09 - Invoicing, Payment, and Interest on Late Payments › Section 21.06.09.05 - Payment Period

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				payment is deferred, delayed, or set-off under COMAR
				21.02.07.03, payment under a
				procurement contract shall be made within 30 days:
(1) After the day on which the payment
				becomes due under the procurement contract; or
(2) If later, after the day on which the
				agency receives a proper invoice.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.09 - Invoicing, Payment, and Interest on Late Payments › Section 21.06.09.06 - Interest on Late Payments

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				State shall pay interest on late payments as defined in Regulation .01 of this
				chapter at the rate of 9 percent per annum if:
(1) The vendor submits an invoice for the
				late payment interest within 30 days after the date of the State's payment of
				the amount on which the interest accrued; and
(2) A contract claim has not been filed under
				State Finance and Procurement Article, Title 15, Subtitle 2, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.01 - Parties to the Contract

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.02 - Scope of Contract

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. This provision shall
				  reflect the unilateral right of the State to order in writing changes in the
				  work within the scope of the contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.03 - Compensation and Method of Payment

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. The contractor's
				  taxpayer identificationnumber consisting of the Social Security number for
				  individuals and sole proprietors and the federal employer identification number
				  for all other types of organizations shall be indicated in this
				  clause.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.04 - Contract Modifications

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.05 - Non-Hiring of Officials and Employees

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts: "No official or
				  employee of the State of Maryland, as defined under State Government Article,
				  §
									15-102, Annotated
				  Code of Maryland, whose duties as such official or employee include matters
				  relating to or affecting the subject matter of this contract, shall during the
				  pendancy and term of this contract and while serving as an official or employee
				  of the State become or be an employee of the contractor or any entity that is a
				  subcontractor on this contract."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.07 - Maryland Law Prevails

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts unless otherwise
				  authorized by the Board of Public Works.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.08 - Nondiscrimination in Employment

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. The following clause
				  is preferred:
"The Contractor agrees:
(a) not to discriminate in any manner against
				an employee or applicant for employment because of race, color, religion,
				creed, age, sex, sexual orientation, gender identification, marital status,
				national origin, ancestry genetic information or any otherwise unlawful use of
				characteristics, or disability of a qualified individual with a disability
				unrelated in nature and extent so as to reasonably preclude the performance of
				the employment, or the individual's refusal to submit to a genetic test or make
				available the results of a genetic test; (b) to include a provision similar to
				that contained in subsection (a), above, in any underlying subcontract except a
				subcontract for standard commercial supplies or raw materials; and (c) to post
				and to cause subcontractors to post in conspicuous places available to
				employees and applicants for employment, notices setting forth the substance of
				this clause."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.09 - Contingent Fee Prohibition

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts:
"The contractor, architect, or engineer (as applicable)
				  warrants that it has not employed or retained any person, partnership,
				  corporation, or other entity, other than a bona fide employee or agent 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 or agent, any fee
				  or any other consideration contingent on the making of this
				  agreement."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.10 - Multi-Year Contracts Contingent Upon Appropriations

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts and contract
				  modifications to be effective in more than one fiscal year:
"If the General Assembly fails to appropriate funds or if
				  funds are not otherwise made available for continued performance for any fiscal
				  period of this Contract succeeding the first fiscal period, this Contract shall
				  be cancelled automatically as of the beginning of the fiscal year for which
				  funds were not appropriated or otherwise made available; provided, however,
				  that this will not affect either the State's rights or the Contractor's rights
				  under any termination clause in this Contract. The effect of termination of the
				  Contract hereunder will be to discharge both the Contractor and the State from
				  future performance of the Contract, but not from their rights and obligations
				  existing at the time of termination. The Contractor shall be reimbursed for the
				  reasonable value of any non-recurring costs incurred but not amortized in the
				  price of the Contract. The State shall notify the Contractor as soon as it has
				  knowledge that funds may not be available for the continuation of this Contract
				  for each succeeding fiscal period beyond the first."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.11 - Termination for Default

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. One of the following
				  clauses is preferred:
A. Alternate
				Clause - Termination for Default (short form).
"If the Contractor fails to fulfill its obligation under this
				  contract properly and on time, fails to provide any required annual and
				  renewable bond 30 days prior to expiration of the current bond then in effect,
				  or otherwise violates any provision of the contract, the State may terminate
				  the contract by written notice to the Contractor. The notice shall specify the
				  acts or omissions relied upon as cause for termination. All finished or
				  unfinished work provided by the Contractor shall, at the State's option, become
				  the State's property. The State shall pay the Contractor fair and equitable
				  compensation for satisfactory performance prior to receipt of notice of
				  termination, less the amount of damages caused by Contractor's breach. If the
				  damages are more than the compensation payable to the Contractor, the
				  Contractor will remain liable after termination and the State can affirmatively
				  collect damages. Termination hereunder, including the determination of the
				  rights and obligations of the parties, shall be governed by the provisions of
				  COMAR 21.07.01.1IB."
B.
				Alternate Clause - Termination for Default (long form).
"(1) The State may, subject to the provisions
				of paragraph (3) of this regulation, by written notice of default to the
				Contractor, terminate the whole or any part of this contract in any one of the
				following circumstances:
(a) If the
				Contractor fails to perform within the time specified herein or any extension
				thereof;
(b) If the Contractor fails
				to provide any required annual and renewable bond 30 days prior to expiration
				of the current bond then in effect; or
(c) If the Contractor fails to perform any of
				the other provisions of this contract, or so fails to make progress as to
				endanger performance of this contract in accordance with its terms, and in
				either of these two circumstances does not cure such failure within a period of
				10 days (or such longer period as the procurement officer may authorize in
				writing) after receipt of notice from the procurement officer specifying such
				failure.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.13 - Delays and Extensions of Time

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. It shall be in
				  substantially the same form as follows:
"Delays and Extensions of Time"
"The Contractor agrees to prosecute the work continuously and
				  diligently and no charges or claims for damages shall be made by it for any
				  delays or hindrances from any cause whatsoever during the progress of any
				  portion of the work specified in this Contract.
"Time extensions will be granted only for excusable delays
				  that arise from unforeseeable causes beyond the control and without the fault
				  or negligence of the Contractor, including but not restricted to, acts of God,
				  acts of the public enemy, acts of the State in either its sovereign or
				  contractual capacity, acts of another Contractor in the performance of a
				  contract with the State, fires, floods, epidemics, quarantine restrictions,
				  strikes, freight embargoes, or delays of subcontractors or suppliers arising
				  from unforeseeable causes beyond the control and without the fault or
				  negligence of either the Contractor or the subcontractors or
				  suppliers."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.14 - Liquidated Damages

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for:
A. All contracts with certified MBE
				participation goals in accordance with COMAR
				21.11.03.10E;
				and
B. Any other contracts deemed
				appropriate by the procurement officer in consultation with the Office of the
				Attorney General.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.15 - Variations in Estimated Quantities

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts that contain estimated
				  quantity items.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.16 - Suspension of Work

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. It shall be in
				  substantially the same form as follows:
"The procurement officer unilaterally may order the
				  Contractor in writing to suspend, delay, or interrupt all or any part of the
				  work for such period of time as the procurement officer may determine to be
				  appropriate for the convenience of the State."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.17 - Pre-existing Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. It shall be in
				  substantially the same form as follows:
"In accordance with the provisions of §
									11-206
				  of the State Finance and Procurement Article, Annotated Code of Maryland, the
				  regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR
				  Title 21) in effect on the date of execution of this Contract are applicable to
				  this Contract."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.18 - Payment of State Obligations

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. The following clause
				  is preferred:
"Unless a payment is unauthorized, deferred, delayed, or
				  set-off under COMAR 21.02.07, Payments to the Contractor pursuant to this
				  Contract shall be made no later than 30 days after the State's receipt of a
				  proper invoice from the Contractor.
The Contractor may be eligible to receive late payment
				  interest at the rate of 9%per annum if:
(1) The Contractor submits an invoice for the
				late payment interest within thirty days after the date of the State's payment
				of the amount on which the interest accrued; and
(2)A contract claim has not been filed under
				State Finance and Procurement Article, Title 15, Subtitle 2, Annotated Code of
				Maryland.
The State is not liable for interest:
(1)Accruing more than one year after the 31st
				day after the agency receives the proper invoice; or
(2) On any amount representing unpaid
				interest. Charges for late payment of invoices are authorized only as
				prescribed by Title 15, Subtitle 1, of the State Finance and Procurement
				Article, Annotated Code of Maryland, or by the Public Service Commission of
				Maryland with respect to regulated public utilities, as applicable."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.19 - Financial Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts:
The Contractor shall comply with the provisions of State
				  Finance and Procurement Article, § 13 - 221, Annotated Code of Maryland.
				  That section requires a business to file with the Secretary of State of
				  Maryland certain specified information, including disclosure of beneficial
				  ownership of the business, within 30 days of the date the aggregate value of
				  any contracts, leases, or other agreements that the business enters into with
				  the State of Maryland or its agencies during a calendar year reaches
				  $200,000."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.20 - Political Contribution Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts:
"The Contractor shall comply with Election Law Article, Title
				  14, Annotated Code of Maryland, which requires that every person that enters
				  into a procurement contract with the State, a county, or a municipal
				  corporation, or other political subdivision of the State, during a calendar
				  year in which the person receives a contract with a governmental entity in the
				  amount of $200,000 or more, shall file with the State Board of Elections
				  statements disclosing:
(a) any
				contributions made during the reporting period to a candidate for elective
				office in any primary or general election; and
(b) the name of each candidate to whom one or
				more contribution in a cumulative amount of $500 or more were made during the
				reporting period.
The statement shall be filed with the State Board of
				  Elections:
(a) before execution of a
				contract by the State, a county, a municipal corporation, or other political
				subdivision of the State, and shall cover the 24 months prior to when a
				contract was awarded; and
(b) if
				the contribution is made after the execution of a contract, then twice a year,
				throughout the contract term, on or before:
(i) May 31, to cover the six (6) month period
				ending April 30; and
(ii) November
				30, to cover the six (6) month period ending October 31. Additional information
				is available on the State Board of Election website:
http://www.elections.state.md.us/campaignJinance/index.html
.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.21 - Retention of Records

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. The following clause
				  is preferred:
"The Contractor shall retain and maintain all records and
				  documents relating to this Contract for three years after final payment by the
				  State hereunder or any applicable statute of limitations, whichever is longer,
				  and shall make them available for inspection and audit by authorized
				  representatives of the State, including the procurement officer or designee, at
				  all reasonable times."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.22 - Compliance with Laws

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts. The following clause
				  is preferred:
"The Contractor hereby represents and warrants that:
"A. It is qualified to do business in the
				State of Maryland and that it will take such action as, from time to time
				hereafter, may be necessary to remain so qualified;
"B. It is not in arrears with respect to the
				payment of any monies due and owing the State of Maryland, or any department or
				unit thereof, including but not limited to the payment of taxes and employee
				benefits, and that it shall not become so in arrears during the term of this
				Contract;
"C. It shall comply with
				all federal, State, and local laws, regulations, and ordinances applicable to
				its activities and obligations under this Contract; and
"D. It shall obtain, at its expense, all
				licenses, permits, insurance, and governmental approvals, if any, necessary to
				the performance of its obligations under this Contract."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.23 - Cost and Price Certification

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all contracts and contract
				  modifications (excluding real property leases and architectural services or
				  engineering services contracts (see Regulation .24)) if the contract or
				  modification exceeds $100,000 or a smaller amount determined by the procurement
				  officer under State Finance and Procurement Article, §
									13-220.
				  The language shall be in substantially the same form as follows:
"Cost and Price Certification"
"A. The Contractor by submitting cost or
				price information certifies that, to the best of its knowledge, the information
				submitted is accurate, complete, and current as of a mutually determined
				specified date prior to the conclusion of any price discussions or negotiations
				for:
"(1) A negotiated contract, if the total
				contract price is expected to exceed $100,000, or a smaller amount set by the
				procurement officer; or
"(2) A
				change order or contract modification, expected to exceed $100,000, or a
				smaller amount set by the procurement officer.
"B. The price under this Contract and any
				change order or modification hereunder, including profit or fee, shall be
				adjusted to exclude any significant price increases occurring because the
				Contractor furnished cost or price information which, as of the date agreed
				upon between the parties, was inaccurate, incomplete, or not
				current."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.24 - Truth-In-Negotiation Certification

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for architectural services or engineering
				  services contracts exceeding $100,000. It shall be in substantially the same
				  form as follows:
"Truth-In-Negotiation Certification"
"The Contractor by submitting cost or price information,
				  including wage rates or other factual unit costs, certifies to the best of its
				  knowledge, information and belief, that:
"A. The wage rates and other factual unit
				costs supporting the firm's compensation, as set forth in the proposal, are
				accurate, complete and current as of the contract date;
"B. If any of the items of compensation were
				increased due to the furnishing of inaccurate, incomplete or noncurrent wage
				rates or other units of costs, the State is entitled to an adjustment in all
				appropriate items of compensation, including profit or fee, to exclude any
				significant sum by which the price was increased because of the defective data.
				The State's right to adjustment includes the right to a price adjustment for
				defects in costs or pricing data submitted by a prospective or actual
				subcontractor; and
"C. If additions
				are made to the original price of the contract, such additions may be adjusted
				to exclude any significant sums where it is determined the price has been
				increased due to inaccurate, incomplete or noncurrent wage rates and other
				factual costs."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.25 - Contract Affidavit

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory contract addendum. The contract addendum shall be
				  in substantially the same form as follows and submitted upon initial award and
				  each renewal thereafter:
CONTRACT AFFIDAVIT
A. AUTHORITY
I HEREBY AFFIRM THAT:
I, (print name) ___________________________ possess the legal
				  authority to make this Affidavit.
B. CERTIFICATION OF REGISTRATION OR
				QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION
I FURTHER AFFIRM THAT:
The business named above is a (check applicable
				  items):
(1) Corporation - ___ domestic
				or ___ foreign;
(2) Limited
				Liability Company - ___ domestic or ___ foreign;
(3) Partnership - ___ domestic or ___
				foreign;
(4) Statutory Trust - ___
				domestic or ___ foreign;
(5) ___
				Sole Proprietorship and is registered or qualified as required under Maryland
				Law.
I further affirm that the above business is in good standing
				  both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently
				  organized, and has filed all of its annual reports, together with filing fees,
				  with the Maryland State Department of Assessments and Taxation. The name and
				  address of its resident agent (IF APPLICABLE) filed with the State Department
				  of Assessments and Taxation is:
Name and Department ID
Number:____________________ Address:__________________
and that if it does business under a trade name, it has
				  filed a certificate with the State Department of Assessments and Taxation that
				  correctly identifies that true name and address of the principal or owner
				  as:
Name and Department ID Number:
________________________
Address:
_____________________________________________.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.29 - Election Service Providers-Ownership of, Investment In, or Control of an Election Service Provider by a Foreign National

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all State Board of Elections
				  contracts, including secondary competition awards, with an election service
				  provider, as defined in Election Law Article, Title 2, Subtitle 1, Annotated
				  Code of Maryland. The following clause is preferred:
"The Contractor agrees to provide notice of:
(a) any ownership of, investment in, or
				control of the election service provider by a foreign national at the time of
				the award of the contract; and
(b)
				any material change in any ownership of, investment in, or control of the
				election service provider by a foreign national at any time for the duration of
				the contract. All notices required by this provision shall include:
(a) the name and nationality of the foreign
				national that has ownership of, investment in, or control of the election
				service provider; and
(b) the
				nature and extent of the ownership, investment, or control.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.30 - Election Service Providers-Actual or Attempted Security Violations

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for all State Board of Elections
				  contracts, including secondary competition awards, with an election service
				  provider, as defined in Election Law Article, Title 2, Subtitle 1, Annotated
				  Code of Maryland. The following clause is preferred:
"The Contractor, upon receipt of knowledge that a security
				  violation or significant attempted security violation, as defined in Election
				  Law Article, Title 2, Subtitle 1, Annotated Code of Maryland, has occurred
				  involving an election system provided, supported, or maintained by the election
				  service provider, shall:
(a) notify
				the Administrator of the State Board of Elections in writing as soon as
				practicable, but not later than four days after becoming aware of the security
				violation or significant attempted security violation; and
(b) cooperate with the Administrator of the
				State Board of Elections in submitting a report on each security violation and
				significant attempted security violation involving an election
				system."
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.01 - Mandatory Contract Provisions - All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03) › Section 21.07.01.31 - Prompt Payment of Subcontractors

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provisions for all contracts:
A. This contract and all subcontracts issued
				under this contract at any tier are subject to the provisions of State Finance
				and Procurement Article, §
									15-226,
				Annotated Code of Maryland, and COMAR 21.10.08. In §§A-D of this
				regulation, the terms "undisputed amount", "prime contractor", "contractor",
				and "subcontractor" have the meanings stated in COMAR 21.10.08.01.
B. A contractor shall promptly pay its
				subcontractors an undisputed amount to which a subcontractor is entitled for
				work performed under this contract within 10 days after the contractor receives
				a progress payment or final payment for work under this contract.
C. If a contractor fails to make payment
				within the period prescribed in §B of this regulation, a subcontractor may
				request a remedy in accordance with COMAR 21.10.08.
D. A contractor shall include in its
				subcontracts at any tier for work under this contract wording that incorporates
				the provisions, duties, and obligations of §§A-D of this regulation,
				State Finance and Procurement Article, §
									15-226,
				Annotated Code of Maryland, and COMAR 21.10.08.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.02 - Mandatory Construction Contract Clauses › Section 21.07.02.01 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to
				the clauses required by this chapter, each construction contract shall include
				the clauses required by COMAR 21.07.01.
B. If clauses covering the same subject
				matter are required by COMAR 21.07.01 and this chapter, the clauses set forth
				in this chapter shall be used in each construction contract.
C. The language of the clauses set forth in
				this chapter may not be varied.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 07 - CONTRACT TERMS AND CONDITIONS › Chapter 21.07.02 - Mandatory Construction Contract Clauses › Section 21.07.02.03 - Variations in Estimated Quantities

Current through Register Vol. 51, No. 14, July 12, 2024
Mandatory provision for only those construction contracts
				  that contain estimated quantity items:
"Variations in Estimated Quantities
"Where the quantity of a pay item in this contract is an
				  estimated quantity and where the actual quantity of such pay item varies more
				  than twenty-five percent (25%) above or below the estimated quantity stated in
				  this contract, an equitable adjustment in the contract price shall be made upon
				  demand of either party. The equitable adjustment shall be based upon any
				  increase or decrease in costs due solely to the variation above one hundred
				  twenty-five percent (125%) or below seventy-five percent (75%) of the estimated
				  quantity. If the quantity variation is such as to cause an increase in the time
				  necessary for completion, the procurement officer shall, upon receipt of a
				  written request for an extension of time within ten (10) days from the
				  beginning of the delay, or within a further period of time which may be granted
				  by the procurement officer before the date of final settlement of the contract,
				  ascertain the facts and make the adjustment for extending the completion date
				  as in the procurement officer's judgment the findings
				  justify."