WILLIAM DONALD SCHAEFER, Governor

Ch. 48

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§
ll-101(w), ll-122(c), and 11-129.

In subsection (e)(1) of this section, the reference to
"subsection (d) of this section" is substituted for
the former reference to "§ ll-129(a) of this [former]
subtitle", which seemed erroneous in light of the
further reference to "automatic termination".

Subsection (e)(2) of this section is revised as a
required clause in multi-year contracts, rather than
as an effect of termination, for clarity.

Defined terms: "Board" § 11-101

"Primary procurement units" § 11-101

"Procurement contract" § 11-101 "Services" § 11-101

"Supplies" § 11-101 "Unit" § 11-101

13-218. REQUIRED CLAUSES — IN GENERAL.

(A)  IN GENERAL.

EACH PROCUREMENT CONTRACT SHALL PROVIDE FOR INCLUDE CLAUSES
COVERING:

(1)  TERMINATION BY THE STATE FOR DEFAULT;

(2)  TERMINATION WHOLLY OR PARTLY BY THE STATE FOR ITS
CONVENIENCE IF THE HEAD OF THE PRIMARY PROCUREMENT UNIT
DETERMINES THAT TERMINATION IS APPROPRIATE;

(3)  THE UNILATERAL RIGHT OF THE STATE TO ORDER IN
WRITING:

(I)  CHANGES IN THE WORK, IF THE CHANGES ARE
WITHIN THE SCOPE OF THE PROCUREMENT CONTRACT; AND

(II)  A TEMPORARY STOP OR DELAY IN PERFORMANCE;

(4)  VARIATIONS THAT OCCUR BETWEEN ESTIMATED AND
ACTUAL QUANTITIES OF WORK IN A PROCUREMENT CONTRACT;

(5)  LIQUIDATED DAMAGES, AS APPROPRIATE; AND

(6)  SPECIFIED EXCUSES FOR NONPERFORMANCE.

(B)  DIFFERING SITE CONDITION CLAUSE.

IN ADDITION TO THE CLAUSES REQUIRED UNDER SUBSECTION (A) OF
THIS SECTION, A PROCUREMENT CONTRACT FOR CONSTRUCTION SHALL
INCLUDE A CLAUSE PROVIDING FOR CONTRACT MODIFICATION IF THE

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