HARRY HUGHES, Governor

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(B)  THE BID BOND SHALL BE IN AN AMOUNT EQUAL TO AT
LEAST 5 PERCENT OF THE AMOUNT OF THE BID OR PRICE PROPOSAL.

(C)  IF THE INVITATION FOR BIDS OR REQUEST FOR
PROPOSALS REQUIRE THAT A BID BOND BE PROVIDED, A BIDDER OR
OFFEROR THAT DOES NOT COMPLY SHALL BE REJECTED.

(D)  ONCE OPENED, BIDS OR PRICE PROPOSALS ARE
IRREVOCABLE FOR THE PERIOD SPECIFIED IN THE INVITATION FOR
BIDS OR THE REQUEST FOR PROPOSAL EXCEPT AS PROVIDED IN §
3-202(H) OF THIS ARTICLE. HOWEVER, IF A BIDDER OR OFFEROR IS
PERMITTED TO WITHDRAW HIS BID OR PROPOSAL BEFORE AWARD
BECAUSE OF A MISTAKE IN THE BID OR PROPOSAL, NO ACTION SHALL
BE TAKEN AGAINST HIS BID BOND.

SUBTITLE 6. MANAGEMENT OF CONSTRUCTION CONTRACTING

3-601.

THE DEPARTMENT SHALL PROMULGATE REGULATIONS PROVIDING
FOR ALTERNATIVE METHODS OF MANAGEMENT OF CONSTRUCTION
CONTRACTING, SETTING STANDARDS FOR DETERMINING THE METHOD OF
MANAGEMENT TO BE USED FOR A PARTICULAR PROJECT AND REQUIRING
THE PROCUREMENT OFFICER TO INCLUDE IN THE CONTRACT FILE A
STATEMENT OF THE FACTS THAT LEAD TO THE SELECTION OF A
PARTICULAR METHOD.

3-602.

(A)  THE DEPARTMENT SHALL SPECIFY CLAUSES, TO BE
INCLUDED IN ALL CONSTRUCTION CONTRACTS CONCERNING:

(1)  TERMINATION FOR THE CONVENIENCE OF THE STATE
OR FOR DEFAULT;

(2)  LIQUIDATED DAMAGES IF APPROPRIATE, AS
SPECIFIED IN THE CONTRACT SCHEDULE;

(3)  EXCUSES FOR NONPERFORMANCE; AND

(4)  ADJUSTMENTS TO CONTRACT TERMS AND CONDITIONS
IF:

(I)  A CHANGE ORDER IS ISSUED BY THE
PROCUREMENT OFFICER;

(II)  A SITE CONDITION IS DIFFERENT FROM
THAT INDICATED IN THE SPECIFICATIONS;

(III)  THE QUANTITIES VARY FROM THE
ESTIMATED QUANTITIES IN A CONTRACT PROVIDING FOR ESTIMATED
QUANTITIES; OR

(IV)  WORK IS SUSPENDED.

(B)  THE DEPARTMENT SHALL ADOPT REGULATIONS WHEREBY
EVERY CONTRACT MODIFICATION, CHANGE ORDER, OR ADJUSTMENT IN