PARRIS N. GLENDENING, Governor                               Ch. 10

(ii) services for port related activities, including information
processing services, but excluding banking and financial services under the authority of
the State Treasurer under item (1) of this [section] SUBSECTION;

DRAFTER'S NOTE:

Error: Erroneous internal references in § 12-107(b)(5)(ii) and (6)(ii) of the
State Finance and Procurement Article.

Occurred: Chs. 48 and 541, Acts of 1988.

12-108.

(b) Subject to the approval of the Board and under the coordination of the
Governor, each of the primary procurement units shall:

(1)     adopt regulations to carry out this Division II;

(2)     send to the Board a copy of each proposed regulation under item (1) of
this [section] SUBSECTION; and

(3)     send to the Board a copy of each internal operating procedure that the
primary procurement unit adopts.

DRAFTER'S NOTE:

Error: Erroneous internal reference in § 12-108(b)(2) of the State Finance
and Procurement Article.

Occurred: Ch. 48, Acts of 1988.
12-301.

(b) (3) (I) Before approval of an energy performance contract, the Board
shall ensure that the projected annual energy savings attributable to the project will
exceed the projected annual payments to the contractor under the contract.

[(i)] (II) The Board may:

1.       authorize the use of incentive contracts, including contracts
that guarantee energy savings performance; and

2.       require prospective contractors to furnish appropriate
guarantees to ensure that projected savings are realized.

[(ii)](III) Any guarantees required under subparagraph [(i)] (II) of this
paragraph may include a requirement that the contractor furnish a bond or other
assurance to the State in an appropriate amount to guarantee projected performance and
that the bond or other assurance be structured so that a failure to meet guaranteed
performance savings will forfeit a portion of the bond or other assurance to match the
shortfall in energy savings.

DRAFTER'S NOTE:

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