PARRIS N. GLENDENING, Governor                             Ch. 682

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - State Finance and Procurement

13-218.

(a)     Each procurement contract shall include clauses covering:

(1)     termination 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)     variations that occur between estimated and actual quantities of work in
a procurement contract;

(4)     liquidated damages, as appropriate;

(5)     specified excuses for nonperformance; and

(6)     except for real property leases, 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.

(b)     In addition to the clauses required under subsection (a) of this section, a
procurement contract for construction shall include:

(1)     a clause providing for contract modification if the condition of a site
differs from the condition described in the specifications; AND

(2)     A CLAUSE COVERING THE REQUIREMENTS FOR NOTICE OF
CONTRACT CLAIMS. SUBMISSION OF CONTRACT CLAIMS. AND RESOLUTION OF
CONTRACT CLAIMS UNDER § 15-219 OF THIS ARTICLE.

(c)     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)     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)     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

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