HARRY HUGHES, Governor

2665

ARTICLE OR REGULATIONS PRIOR TO THE AWARD OF THE CONTRACT
SHALL BE COMPENSATED FOR COSTS ACTUALLY INCURRED.

SUBTITLE 3. STATE PROCUREMENT REGULATIONS

2-301.

(A)  BY JULY 1, 1981 DECEMBER 1, 1980, THE BOARD AND
EACH DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THE
PROVISIONS OF THIS ARTICLE.

(B)  STATE PROCUREMENT REGULATIONS MAY NOT CHANGE IN
ANY WAY A PREEXISTING CONTRACTUAL OBLIGATION.

(C)  A STATE PROCUREMENT REGULATION WHICH HAS BEEN
ADOPTED PRIOR TO THE MAKING OF A CONTRACT AND WHICH REQUIRES
THAT A CERTAIN CONTRACTUAL PROVISION IS MANDATORY FOR
INCLUSION IN ALL OR CERTAIN CONTRACTS SHALL BE CONSIDERED
INCLUDED IN SUCH CONTRACTS, WHETHER PHYSICALLY INCORPORATED
INTO THE CONTRACT OR NOT, IF NOTICE OF THIS PROVISION THE
SPECIFIC PROVISION, INCLUDING ITS SUBJECT MATTER, IS A PART
OF THE CONTRACT. ANY OTHER STATE PROCUREMENT REGULATION MAY
BECOME PART OF A PROCUREMENT CONTRACT ONLY IF IT IS SET OUT
IN THE CONTRACT OR IT IS INCORPORATED BY REFERENCE WITH THE
CONSENT OF ALL PARTIES. HOWEVER, THE PARTIES TO THE
CONTRACT MAY CONSENT TO INCORPORATION BY REFERENCE AT ANY
TIME AFTER THE CONTRACT HAS BEEN MADE WITHOUT THE NECESSITY
OF CONSIDERATION PASSING TO EITHER PARTY.

TITLE 3. SOURCE SELECTION AND CONTRACT FORMATION

SUBTITLE 1. DEFINITIONS

3-101.

(A)  IN THIS TITLE, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED:

(B)  "COMPETITIVE NEGOTIATION" MEANS A PROCESS WHICH
INCLUDES THE SUBMISSION OF WRITTEN TECHNICAL AND PRICE
PROPOSALS FROM TWO OR MORE SOURCES AND A WRITTEN EVALUATION
OF THOSE PROPOSALS IN ACCORDANCE WITH EVALUATION CRITERIA.

(C)  "COST-REIMBURSEMENT CONTRACT" MEANS A CONTRACT
UNDER WHICH THE STATE REIMBURSES THE CONTRACTOR FOR THOSE
CONTRACT COSTS, WITHIN A STATED CEILING, WHICH ARE
RECOGNIZED AS ALLOWABLE AND ALLOCABLE UNDER THE COST AND
PRICE PRINCIPLE REGULATIONS ADOPTED PURSUANT TO TITLE 6, AND
A FEE, IF ANY.

(D)  "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;