3364

LAWS OF MARYLAND

Ch. 840

(3)  A SUBCONTRACTOR UNDER A SUBCONTRACT AWARDED BY A
CONTRACTOR; OR

(4)  A PROSPECTIVE SUBCONTRACTOR SEEKING A SUBCONTRACT
WITH A CONTRACTOR, BIDDER, OR OFFEROR.

(b) (1) [A State agency or the Department of Fiscal
Services] IN ADDITION TO ANY AUTHORITY OTHERWISE PROVIDED BY LAW,
THE PROCUREMENT AGENCY, THE DEPARTMENT OF FISCAL SERVICES, OR AS
AUTHORIZED BY LAW, ANY OTHER STATE AGENCY may audit the books,
accounts, and records of [any]:

(I) A person who submits cost or price
information under § [13-403] 11-120 OF THIS SUBTITLE, at any time
before the period of record retention set forth in [subsection
(3)] PARAGRAPH [(3)] (2) OF THIS SUBSECTION has expired. This
right to audit extends only to those books, accounts, and records
reasonably connected with cost or price information submitted
under § [13-403] 11-120 OF THIS SUBTITLE[. The contractor or
subcontractor shall maintain these books, accounts, and records
for the period specified in subsection (3).];

[(2)] (II) [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] UNDER A [State] CONTRACT THAT WAS AWARDED
BY A METHOD OTHER THAN COMPETITIVE SEALED BIDDING AND THAT IS NOT
a firm fixed-price [type] contract[.]; OR [However, this
subsection does not limit the right to audit as set forth in
subsection (1) above.]

(III) A CONTRACTOR OR SUBCONTRACTOR IF THE
AGENCY HAS REASON TO BELIEVE, FROM AN AUDIT OF A COST TYPE
CONTRACT, THAT COSTS HAVE BEEN INAPPROPRIATELY ASSIGNED TO A COST
TYPE CONTRACT FROM A FIXED PRICE CONTRACT.

[(3)] (2) The books, accounts, and records SUBJECT TO
AUDIT UNDER PARAGRAPH (1) OF THIS SUBSECTION shall be maintained
by a contractor for [a period of] AT LEAST 3 years from the date
of final payment under the contract, and by [the] A subcontractor
for [a period of] AT LEAST 3 years from the date of final payment
under the subcontract, or FOR A LONGER PERIOD as required by the
contract.

[Subtitle 10.] PART X. Reports.

[13-1001.] 11-131. REPORTS.

(a) Within 90 days [following] AFTER the close of [the]
EACH fiscal year, each department shall make [an annual] A report
to the Governor and, subject to § 2-1312 of the State Government
Article, to the General Assembly of [contracts made] EACH
CONTRACT THAT WAS AWARDED under [§ 13-205(a) and (b)] § 11-112
OR § 11-113 OF THIS SUBTITLE during [that] THE preceding fiscal
year. The report shall: