2684

LAWS OF MARYLAND

Ch. 775

(A)  A STATE AGENCY OR THE DEPARTMENT OF FISCAL
SERVICES MAY INSPECT AT REASONABLE TIMES THE PLANT, PLACE OF
BUSINESS, OR JOB SITE OF ANY CONTRACTOR OR ANY SUBCONTRACTOR
UNDER ANY CONTRACT AWARDED OR TO BE AWARDED BY THE STATE.

(B)  (1) A STATE AGENCY OR THE DEPARTMENT OF FISCAL
SERVICES MAY AUDIT THE BOOKS, ACCOUNTS, AND RECORDS OF ANY
PERSON WHO SUBMITS COST OR PRICE INFORMATION UNDER § 3-403
AT ANY TIME BEFORE THE PERIOD OF RECORD RETENTION SET FORTH
IN SUBSECTION (3) HAS EXPIRED. THIS RIGHT TO AUDIT EXTENDS
ONLY TO THOSE BOOKS, ACCOUNTS, AND RECORDS REASONABLY
CONNECTED WITH COST OR PRICE INFORMATION SUBMITTED UNDER §
3-403. THE CONTRACTOR OR SUBCONTRACTOR SHALL MAINTAIN THESE
BOOKS, ACCOUNTS, AND RECORDS FOR THE PERIOD SPECIFIED IN
SUBSECTION (3).

(2)  A STATE AGENCY OR THE DEPARTMENT OF FISCAL
SERVICES MAY AUDIT THE BOOKS, ACCOUNTS, AND RECORDS OF A
CONTRACTOR OR ANY SUBCONTRACTOR UNDER ANY NEGOTIATED
CONTRACT OR SUBCONTRACT EXCEPT A FIRM FIXED-PRICE TYPE
CONTRACT. HOWEVER, THIS SUBSECTION DOES NOT LIMIT THE RIGHT
TO AUDIT AS SET FORTH IN SUBSECTION (1) ABOVE.

(3)  THE BOOKS ACCOUNTS, AND RECORDS SHALL BE
MAINTAINED BY A CONTRACTOR FOR A PERIOD OF 3 YEARS FROM THE
DATE OF FINAL PAYMENT UNDER THE CONTRACT, AND BY THE
SUBCONTRACTOR FOR A PERIOD OF 3 YEARS FROM THE DATE OF FINAL
PAYMENT UNDER THE SUBCONTRACT, OR AS REQUIRED BY THE
CONTRACT.

SUBTITLE 9. REPORTS FRAUD

3-901.

(A)  A PERSON WHO ENTERS INTO A CONTRACT WITH THE STATE
AFTER ENGAGING IN COLLUSION WITH ANOTHER PERSON FOR THE
PURPOSE OF DEFRAUDING THE STATE IS LIABLE IN A SUIT BROUGHT
BY THE ATTORNEY GENERAL IN THE APPROPRIATE COURT FOR DAMAGES
EQUAL TO THREE TIMES THE VALUE OF THE LOSS TO THE STATE
WHICH IS ATTRIBUTABLE TO THE COLLUSION.

(B)  IF THERE IS A REASONABLE BASIS FOR BELIEVING THAT
COLLUSION HAS OCCURRED AMONG ANY PERSONS FOR ANY REASON, THE
PROCUREMENT OFFICER SHALL SEND A WRITTEN NOTICE OF THIS
BELIEF TO THE STATE LAW DEPARTMENT.

(C)  ALL DOCUMENTS INVOLVED IN ANY PROCUREMENT IN WHICH
THERE IS A REASONABLE BASIS FOR BELIEVING THAT COLLUSION HAS
OCCURRED SHALL BE RETAINED BY THE PROCUREMENT AGENCY UNTIL
THE STATE LAW DEPARTMENT GIVES NOTICE THAT THEY MAY BE
DESTROYED. THESE DOCUMENTS SHALL BE MADE AVAILABLE TO THE
ATTORNEY GENERAL IMMEDIATELY ON REQUEST.

SUBTITLE 10. REPORTS

3-902 3-1001.