HARRY HUGHES, Governor                                      3359

officer to include in the contract file a statement of the facts
that lead to the selection of a particular method.]

11-122. CONTRACT CLAUSES GENERALLY.

(A) EVERY CONTRACT SHALL INCLUDE CLAUSES COVERING:

(1)  TERMINATION FOR DEFAULT;

(2)  TERMINATION IN WHOLE OR IN PART FOR THE
CONVENIENCE OF THE STATE WHEN DETERMINED TO BE APPROPRIATE BY THE
DEPARTMENT HEAD;

(3)  THE UNILATERAL RIGHT OF THE STATE TO ORDER IN
WRITING CHANGES IN THE WORK WITHIN THE SCOPE OF THE CONTRACT;

(4)  THE UNILATERIAL UNILATERAL RIGHT OF THE STATE TO
ORDER IN WRITING A TEMPORARY STOP OR DELAY IN PERFORMANCE;

(5)  VARIATIONS OCCURRING BETWEEN ESTIMATED QUANTITIES
OF WORK IN A CONTRACT AND ACTUAL QUANTITIES;

(6)  LIQUIDATED DAMAGES AS APPROPRIATE; AND

(7)  SPECIFIED EXCUSES FOR NONPERFORMANCE.

(B)  (1) IN ADDITION TO THE CLAUSES SET FORTH IN SUBSECTION
(A) OF THIS SECTION, EVERY CONSTRUCTION CONTRACT SHALL INCLUDE A
PROVISION COVERING CONTRACT MODIFICATION IF A SITE CONDITION IS
DIFFERENT FROM THAT INDICATED IN THE SPECIFICATIONS.

(2) THE PROVISIONS REGARDING CONSTRUCTION CONTRACT
MODIFICATIONS OR CHANGE ORDERS THAT ARE REQUIRED BY THIS SECTION
SHALL INCLUDE A STATEMENT THAT:

(I)  EVERY CONTRACT MODIFICATION OR CHANGE ORDER
AFFECTING CONTRACT PRICE IS SUBJECT TO PRIOR WRITTEN APPROVAL BY
THE PROCUREMENT AGENCY AND ANY OTHER APPROPRIATE AUTHORITIES AND
TO PRIOR CERTIFICATION BY THE APPROPRIATE FISCAL AUTHORITY AS TO
THE AVAILABILITY OF FUNDS AND THE EFFECT OF THE MODIFICATION OR
CHANGE ORDER ON THE PROJECT BUDGET OR THE TOTAL CONSTRUCTION
COST; AND

(II)  IF THE CERTIFICATION DISCLOSES THAT A
CONTRACT MODIFICATION OR CHANGE ORDER WILL INCREASE THE COST
BEYOND BUDGETED AND AVAILABLE FUNDS, THE PROCUREMENT AGENCY MAY
NOT MAKE THE MODIFICATION OR CHANGE ORDER UNLESS SUFFICIENT
ADDITIONAL FUNDS ARE MADE AVAILABLE OR THE SCOPE OF THE PROJECT
IS ADJUSTED TO PERMIT ITS COMPLETION WITHIN THE PROJECT BUDGET.

(C)  EVERY MULTIYEAR CONTRACT, INCLUDING A LEASE OF REAL
PROPERTY, SHALL CONTAIN A CLAUSE, NOT INCONSISTENT WITH §
11-129(A) OF THIS SUBTITLE, PROVIDING FOR AUTOMATIC TERMINATION
FOR NONAPPROPRIATION OF FUNDS.