3340

LAWS OF MARYLAND

Ch. 840

(I) 1. THE PROCUREMENT AGENCY, WITH THE

APPROVAL OF THE BOARD OF CONTRACT APPEALS, MAY DECLARE THE
CONTRACT NULL AND VOID; OR

(II) 2. THE PROCUREMENT AGENCY, WITH THE
APPROVAL OF THE BOARD OF CONTRACT APPEALS AND WITHOUT PREJUDICE
TO THE STATE'S RIGHT TO APPROPRIATE DAMAGES, MAY RATIFY AND
AFFIRM THE CONTRACT IF IT DECIDES DETERMINES IN WRITING THAT
DOING SO IS IN THE STATE'S BEST INTEREST.

[Subtitle 3. State Procurement Regulations.]

[12-301.] 11-108. STATE PROCUREMENT REGULATIONS.

(a)   [The Board and each department shall adopt regulations
to carry out the provisions of this Division II of this article.]
(1) EACH REGULATION ADOPTED UNDER THIS SUBTITLE DIVISION II THAT
IS IN EFFECT ON THE DATE OF EXECUTION OF ANY CONTRACT GOVERNED BY
THIS SUBTITLE, UNLESS OTHERWISE INDICATED IN THE REGULATION, IS
APPLICABLE TO THE CONTRACT.

(2) THE REQUIREMENTS OF    ANY LAW OR REGULATION

RELATING TO A MANDATED CONTRACTUAL  PROVISION ARE SATISFIED IF

NOTICE OF THE PROVISION, INCLUDING ITS   SUBJECT MATTER, IS GIVEN
IN THE CONTRACT.

(b)   [State] A procurement [regulations] REGULATION may not
change [in any way a preexisting contractual obligation] ANY
COMMITMENT, RIGHT, OR OBLIGATION OF A STATE AGENCY OR OF A
CONTRACTOR UNDER A CONTRACT IN EXISTENCE ON THE EFFECTIVE DATE OF
THE REGULATION.

[(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 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 13. Source Selection and Contract Formation.]

[Subtitle 1. Definitions.]

[13-101.                                                                                 

(a) In this title, the following words have the meanings
indicated.