Ch. 48

LAWS OF MARYLAND

CONDITION OF A SITE DIFFERS FROM THE CONDITION DESCRIBED IN THE
SPECIFICATIONS.

(C)  NOTICE OF PREEXISTING REGULATIONS.

EACH PROCUREMENT CONTRACT SHALL INCLUDE A CLAUSE THAT GIVES
TO THE PARTIES NOTICE THAT PREEXISTING REGULATIONS APPLY TO THE
PROCUREMENT CONTRACT IN ACCORDANCE WITH § 11-206 OF THIS ARTICLE.

(D)  ADDITIONAL CLAUSES BY CONSENT.

AT ANY TIME AFTER THE PARTIES ENTER INTO A PROCUREMENT'
CONTRACT THEY MAY INCLUDE ADDITIONAL CLAUSES IN THE PROCUREMENT
CONTRACT, BY CONSENT, WITHOUT CONSIDERATION.

(E)  MODIFICATIONS AND CHANGE ORDERS AFFECTING PRICE.

A CLAUSE REQUIRED UNDER THIS SECTION FOR CONTRACT
MODIFICATION OF OR CHANGE ORDERS TO A PROCUREMENT CONTRACT FOR
CONSTRUCTION SHALL:

(1)  MAKE EACH CONTRACT MODIFICATION OR CHANGE ORDER
THAT AFFECTS THE PRICE OF THE PROCUREMENT CONTRACT SUBJECT TO:

(I)  PRIOR WRITTEN APPROVAL FROM THE UNIT AND
ANY OTHER PERSON RESPONSIBLE FOR THE PROCUREMENT CONTRACT; AND

(II)  PRIOR CERTIFICATION BY THE FISCAL
AUTHORITY RESPONSIBLE FOR THE UNIT ABOUT:

1.  THE AVAILABILITY OF MONEY; AND

2.  THE EFFECT OF THE CONTRACT
MODIFICATION OR CHANGE ORDER ON THE PROJECT BUDGET OR THE TOTAL
CONSTRUCTION COST; AND

(2)  PROHIBIT THE CONTRACT MODIFICATION OR CHANGE
ORDER IF THE CERTIFICATION BY THE FISCAL AUTHORITY DISCLOSES THAT
THE CONTRACT MODIFICATION OR CHANGE ORDER WILL INCREASE THE COST
BEYOND BUDGETED AND AVAILABLE MONEY, UNLESS:

(I)  SUFFICIENT ADDITIONAL MONEY IS MADE
AVAILABLE; OR

(II)  THE SCOPE OF THE PROJECT IS ADJUSTED TO
ALLOW COMPLETION WITHIN THE PROJECT BUDGET.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§ 11-122
and 11-123.

In subsection (a)(2) of this section, the words "head
of the primary procurement unit" are substituted for

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