Ch. 48

LAWS OF MARYLAND

ll-137(g) — now § 15-201 of this article — stated
that "[s]ubsections (a) through (d) of this section do
not apply to disputes concerning the formation of
contracts to procure architectural services or
engineering services", presumably former §
ll-137(b)(4) did not apply to this section.

Defined terms: "Architectural services" § 11-101
"Board" § 11-101 "Engineering services" § 11-101
"Selection Board" § 13-301

13-317. COST CERTIFICATE BY CONTRACTOR.

(A) REQUIRED BEFORE AWARD.

A PERSON MAY NOT BE AWARDED A PROCUREMENT CONTRACT UNDER
THIS SUBTITLE UNLESS:

(1) THE PERSON HAS SUBMITTED, WITH THE PRICE

QUOTATION, AN AFFIDAVIT OF NONCOLUSION; AND

A UNIT MAY NOT AWARD A PROCUREMENT CONTRACT TO A PERSON
UNDER THIS SUBTITLE UNLESS:

(1) THE PERSON SUBMITS:

(I) AN AFFIDAVIT OF NONCOLLUSION; AND

(II) A PRICE QUOTATION; AND

(2)  FOR A PROCUREMENT CONTRACT COSTING MORE THAN
$100,000, THE PERSON HAS EXECUTED A TRUTH-IN-NEGOTIATION
CERTIFICATE.                                                                             

(B)  CONTENTS OF TRUTH-IN-NEGOTIATION CERTIFICATE.
THE TRUTH-IN-NEGOTIATION CERTIFICATE SHALL STATE THAT:

(1)  WAGE RATES AND OTHER FACTUAL UNIT COSTS
SUPPORTING WAGES ARE ACCURATE, COMPLETE, AND CURRENT AS OF THE
TIME OF CONTRACTING; AND

(2)  THE ORIGINAL PRICE OF THE PROCUREMENT CONTRACT
AND ANY ADDITIONS TO THE PROCUREMENT CONTRACT WILL BE ADJUSTED TO
EXCLUDE ANY SIGNIFICANT PRICE INCREASE IF THE SELECTION BOARD
DETERMINES THAT THE PRICE INCREASE IS DUE TO WAGE RATES OR OTHER
FACTUAL UNIT COSTS THAT WERE INACCURATE, INCOMPLETE, OR NOT
CURRENT AS OF THE TIME OF CONTRACTING.

(C)  CONTRACT ADJUSTMENTS.

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