(6) IF, AT THE COMPLETION OF THE SECOND MEETING, THE
REPRESENTATIVE OF THE UNIT DETERMINES THAT THE CONTRACTOR CONTINUES
TO BE DELINQUENT IN PAYMENTS OWED TO THE SUBCONTRACTOR, THE
REPRESENTATIVE:

(I) SHALL ORDER THAT FURTHER PAYMENTS TO THE
CONTRACTOR NOT BE PROCESSED UNTIL PAYMENT TO THE SUBCONTRACTOR IS
VERIFIED;

(II) MAY ORDER THAT WORK UNDER THE CONTRACT BE
SUSPENDED BASED ON THE FAILURE OF THE CONTRACTOR TO MEET OBLIGATIONS
UNDER THE CONTRACT; AND

(III) SUBJECT TO PARAGRAPH (7) OF THIS SUBSECTION, MAY
REQUIRE THAT THE CONTRACTOR PAY A PENALTY TO THE SUBCONTRACTOR, IN AN
AMOUNT NOT EXCEEDING $100 PER DAY, FROM THE DATE THAT PAYMENT WAS
REQUIRED UNDER SUBSECTION (E)(2) OF THIS SECTION.

(7) A PENALTY MAY NOT BE IMPOSED UNDER PARAGRAPH (6)(III) OF
THIS SUBSECTION FOR ANY PERIOD THAT THE REPRESENTATIVE OF THE UNIT
DETERMINES THE SUBCONTRACTOR WAS NOT DILIGENT IN REPORTING
NONPAYMENT TO THE PROCUREMENT OFFICER

(G) (1) A CONTRACTOR OR A SUBCONTRACTOR MAY APPEAL A DECISION
UNDER SUBSECTION (F)(6) OF THIS SECTION TO THE PROCUREMENT OFFICER

(2) THE CONTRACTOR SHALL COMPLY WITH THE PROCUREMENT
OFFICER'S DECISION.

(H) AN ACT, FAILURE TO ACT, OR DECISION OF A PROCUREMENT OFFICER OR
A REPRESENTATIVE OF A UNIT CONCERNING A PAYMENT DISPUTE BETWEEN A
CONTRACTOR AND SUBCONTRACTOR UNDER THIS SECTION MAY NOT:

(1) AFFECT THE RIGHTS OF THE CONTRACTING PARTIES UNDER ANY
OTHER PROVISION OF LAW;

(2) BE USED AS EVIDENCE ON THE MERITS OF A DISPUTE BETWEEN THE
UNIT AND THE CONTRACTOR OR THE CONTRACTOR AND SUBCONTRACTOR IN ANY
OTHER PROCEEDING; OR

(3) RESULT IN LIABILITY AGAINST OR PREJUDICE THE RIGHTS OF THE

UNIT.

(I) A DECISION OF A PROCUREMENT OFFICER OR A REPRESENTATIVE OF THE
UNIT DESIGNATED BY THE PROCUREMENT OFFICER UNDER THIS SECTION IS NOT
SUBJECT TO JUDICIAL REVIEW OR THE PROVISIONS OF PART III OF THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed only prospectively and may not be applied or interpreted to have any effect
on or application to any State procurement contract awarded before the effective date
of this Act.