Ch. 48

LAWS OF MARYLAND

Defined terms: "Board" § 11-101
"Change order" § 13-201
"Contract modification" § 13-201
"Procurement contract" § 11-101

13-214. PRICING.

(A)  IN GENERAL.

(1)  SUBJECT TO § 13-215 OF THIS SUBTITLE AND
SUBSECTION (B) OF THIS SECTION, A UNIT MAY ENTER INTO A
PROCUREMENT CONTRACT BASED ON ANY METHOD OF PRICING THAT WILL
PROMOTE THE BEST INTERESTS OF THE STATE.

(2)  IF PRACTICABLE, A UNIT SHALL GIVE PREFERENCE TO A
PROCUREMENT CONTRACT BASED ON A FIXED PRICE. FIXED-PRICE FORM OF
PROCUREMENT CONTRACT.

(B)  COST-PLUS-A-PERCENTAGE-OF-COST CONTRACT PROHIBITED.

(1)  A UNIT MAY NOT ENTER INTO A
COST-PLUS-A-PERCENTAGE-OF-COST PROCUREMENT CONTRACT.

(2)  A CONTRACTOR UNDER A PROCUREMENT CONTRACT BASED
ON ANY FORM OF WHO IS SUBJECT TO A COST-REIMBURSEMENT CONTRACT

MAY NOT ENTER INTO A SUBCONTRACT THAT IS A

COST-PLUS-A-PERCENTAGE-OF-COST CONTRACT SUBCONTRACT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§ 11-124
and 11-126.

In subsection (a)(1) of this section, the reference to
a "procurement contract based on any method of
pricing" is substituted for the former reference to
"any type of contract", for clarity.

Defined terms: "Cost-reimbursement contract" § 13-201
"Procurement contract" § 11-101 "Unit" § 11-101

13-215. COST-REIMBURSEMENT CONTRACTS.

(A) IN GENERAL.

A UNIT MAY NOT ENTER INTO A COST-REIMBURSEMENT CONTRACT
UNLESS THE PROCUREMENT OFFICER DETERMINES THAT:

(1) A COST-REIMBURSEMENT CONTRACT IS LIKELY TO BE
LESS COSTLY TO THE STATE THAN ANY OTHER TYPE OF CONTRACT; OR

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