HARRY HUGHES, Governor

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(1)   [That] THAT THE STATE'S estimated requirements
cover the period of the contract and are reasonably firm and
continuing; and

(2)   [That] THAT the contract will serve the STATE'S
best interests [of the State] by encouraging effective
competition or otherwise promoting economies in State
procurement.

[(b) Payment and performance of contractual obligations
entered pursuant to subsection (a) of this section for a fiscal
year other than the fiscal year in which the contract was
approved are subject to the appropriation of funds for the
payment and performance of these obligations.]

[(c)] (B) [If funds are not appropriated for the continued
performance of a contract approved under subsection (a) of this
section, the contract for that year is terminated either
automatically or in accordance with the termination clause of the
contract, if any. Unless otherwise provided for in the contract,
the] IF FUNDS SUFFICIENT FOR THE CONTINUED PERFORMANCE OF A
MULTIYEAR CONTRACT ARE NOT APPROPRIATED FOR ANY FISCAL YEAR, THE
CONTRACT SHALL BE TERMINATED AUTOMATICALLY AT THE END OF THE
FISCAL YEAR FOR WHICH FUNDS LAST WERE APPROPRIATED UNLESS AN
EARLIER DATE IS PROVIDED IN THE TERMINATION CLAUSE OF THE
CONTRACT. THE effect of termination is to discharge both parties
from future performance of the contract, but not from their
existing obligations. The contractor shall be reimbursed for
the reasonable value of any nonrecurring costs incurred but not
amortized in the price of the supplies or services delivered
under the contract. The cost of cancellation may be paid from
any appropriations available for such purposes.

((d) All contracts entered into under this this Division II
of this article shall contain a notice that they are subject to
termination, either automatically or in accordance with a
termination clause, if any, upon the failure of the General
Assembly to appropriate funds for the future performance of the
contract.]

[Subtitle 8.] PART IX. Inspection of Plant and Audit of Records.

[13-801.] 11-130. INSPECTION OF PLANT AND AUDIT OF RECORDS.

(a) [A] THE PROCUREMENT AGENCY, THE DEPARTMENT OF FISCAL
SERVICES, OR, AS AUTHORIZED BY LAW, ANY OTHER 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.]:

(1)  ANY CONTRACTOR;

(2)  A BIDDER OR OFFEROR CONTRACTOR SEEKING A
CONTRACT;