2672

LAWS OF MARYLAND

Ch. 775

(B) THE FACT THAT A PERSON IS NOT PREQUALIFIED SHALL
NOT BAR HIM FROM SUBMITTING A BID OR OFFER.

3-403.

(A)  EACH CONTRACTOR SHALL SUBMIT COST OR PRICE
INFORMATION AND SHALL CERTIFY THAT, TO THE BEST OF HIS
KNOWLEDGE, THE INFORMATION SUBMITTED IS ACCURATE, COMPLETE,
AND CURRENT AS OF A MUTUALLY DETERMINED SPECIFIED DATE PRIOR
TO THE DATE THE PRICE OF ANY:

(1)  NEGOTIATED CONTRACT IS DETERMINED, IF THE
TOTAL CONTRACT PRICE IS EXPECTED TO EXCEED $100,000, OR A
SMALLER AMOUNT SET BY THE PROCUREMENT OFFICER; OR

(2)  CHANGE ORDER OR CONTRACT MODIFICATION IS
DETERMINED WHICH IS EXPECTED TO EXCEED $100,000, OR A
SMALLER AMOUNT SET BY THE PROCUREMENT OFFICER.

(B)  EVERY CONTRACT, CHANGE ORDER, OR MODIFICATION
UNDER WHICH A COST AND PRICE CERTIFICATE IS REQUIRED SHALL
CONTAIN A PROVISION THAT THE PRICE, 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.

(C)  THIS SECTION NEED NOT BE APPLIED TO CONTRACTS FOR
WHICH THE PRICE NEGOTIATED IS BASED ON ADEQUATE PRICE
COMPETITION, ESTABLISHED CATALOG OR MARKET PRICES OF
COMMERCIAL ITEMS SOLD IN SUBSTANTIAL QUANTITIES TO THE
GENERAL PUBLIC, OR PRICES SET BY LAW OR REGULATION.

SECTION 2. AND BE IT FURTHER ENACTED, That Section(s)
231-IB of Article 41 - Governor - Executive and
Administrative Departments, of the Annotated Code of
Maryland be and it is hereby transferred, with amendments,
to be Section(s) 3-404 of the new Article 21 - Procurement,
of the Annotated Code of Maryland, to read as follows:

ARTICLE 21 - PROCUREMENT

[231-IB.] 3-404.

(a)  The Secretary of General Services shall establish
and maintain a monthly list of all persons found in contempt
of court by a federal court of appeals for failure to
correct an unfair labor practice prohibited by the National
Labor Relations Act (29 U.S.C. § 158, 49 Stat. 452). This
list shall contain the names of those persons found to have
engaged in these practices during the 2-year period before
the date of the list.

(b)  A [public works, service, or supply] contract or
subcontract may not be awarded to any [supplier] PERSON or