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PARRIS N. GLENDENING, Governor Ch. 621
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(iii) if known, provide an explanation for any dispute concerning
payment by the contractor.
(e) (1) Within 2 business days of receipt of written notice from a
subcontractor, a representative of the unit designated by the procurement officer
shall verbally contact the contractor to ascertain whether the amount withheld is an
undisputed amount.
(2) If the representative of the unit decides that a part or all of the
amount withheld is an undisputed amount, the representative of the unit shall
instruct the contractor to pay the subcontractor the undisputed amount within 3
business days.
(3) The representative of the unit shall verbally communicate to the
subcontractor the results of discussions with the contractor.
(4) If the contractor is instructed to pay the subcontractor and the
subcontractor is not paid within the time instructed under paragraph (2) of this
subsection, the subcontractor may report the nonpayment in writing to the
procurement officer.
(f) (1) If the subcontractor notifies the procurement officer under subsection
(e)(4) of this section that payment has not been made, the representative of the unit
shall schedule a meeting to discuss the dispute with the unit's project manager, the
contractor, and the subcontractor:
(i) at a time and location designated by the representative of the
unit; but
(ii) not later than 10 days after receiving notice from the
subcontractor under subsection (e)(4) of this section.
(2) The purpose of the meeting is to establish why the contractor has not
paid the subcontractor in the required time period,
(3) The representative of the unit shall require the parties to provide at
the meeting any information that the representative believes necessary to evaluate
the dispute.
(4) If the representative of the unit determines that the contractor is
delinquent in payment of an undisputed amount to the subcontractor, further
progress payments to the contractor may be withheld until the subcontractor is paid.
(5) If payment is not paid to the subcontractor within 7 days after the
representative of the unit determines that the contractor is delinquent in paying the
subcontractor under this subsection, the representative shall schedule a second
meeting to address the dispute:
(i) at a time and location designated by the representative of the
unit; but
(ii) not later than 5 days after the close of the 7-day period.
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- 3257 -
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