Ch. 48

LAWS OF MARYLAND

(I)  PRICES AT WHICH SALES ARE CURRENTLY OR WERE
LAST MADE TO THE GENERAL BUYING PUBLIC; OR

(II)  DISCOUNTED PRICES AT WHICH SALES ARE
CURRENTLY OR WERE LAST MADE TO LOCAL, STATE, OR FEDERAL
GOVERNMENTAL UNITS.

(B)  SCOPE OF SECTION.

THIS SECTION DOES NOT APPLY TO APPLIES TO ALL PROCUREMENTS
BY UNITS EXCEPT:

(1)  A BIDDER ENGAGING IN PROCUREMENT FOR WHICH THE
PRICE WILL BE ESTABLISHED BY COMPETITIVE SEALED BIDDING; OR

(2)  A PERSON LEASING OR AMENDING LEASE OF REAL
PROPERTY OR AN AMENDMENT TO A LEASE OF REAL PROPERTY.

(C)  WHEN REQUIRED.

AN OFFEROR OR CONTRACTOR SHALL SUBMIT COST AND PRICE
INFORMATION FOR A PROCUREMENT CONTRACT, CHANGE ORDER, OR CONTRACT
MODIFICATION IF THE PRICE:

(1)  IS EXPECTED TO EXCEED $100,000 OR A SMALLER
AMOUNT SET BY THE PROCUREMENT OFFICER; AND

(2)  IS NOT:

(I)  BASED ON ADEQUATE PRICE COMPETITION;

(II)  BASED ON THE ESTABLISHED CATALOG PRICE OR
MARKET PRICE OF COMMERCIAL ITEMS SOLD IN SUBSTANTIAL QUANTITIES
TO A SIGNIFICANT NUMBER OF BUYERS; OR

(III)  SET BY LAW.

(D)  CERTIFICATION.

AN OFFEROR OR CONTRACTOR REQUIRED TO SUBMIT COST AND PRICE
INFORMATION SHALL CERTIFY THAT, TO THE BEST KNOWLEDGE OF THE
OFFEROR OR CONTRACTOR, THE INFORMATION IS:

(1)  ACCURATE;

(2)  COMPLETE; AND                             

(3)  CURRENT AS OF A SPECIFIC DATE THAT:

(I) HAS BEEN DETERMINED BY THE PROCUREMENT
OFFICER AND THE OFFEROR OR CONTRACTOR; AND

- 1644 -