§ 13-220
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/md/state-finance-and-procurement/13-220·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§13–220.
(a)In this section, “established catalog price” means the price included in the most current catalog, price list, schedule, or other form that:
(1)is regularly maintained by the manufacturer or supplier of an item;
(2)is published or available for inspection by customers; and
(3)states:
(i)prices at which sales are currently or were last made to the general buying public; or
(ii)discounted prices at which sales are currently or were last made to local, State, or federal governmental units.
(b)This section applies to all procurements by units except:
(1)a procurement for which the price will be established by competitive sealed bidding; or
(2)a lease of real property or an amendment to a lease of real property.
(c)An offeror or contractor shall submit cost and price information for a procurement contract, change order, or contract modification if the price:
(1)is expected to exceed $100,000 or a smaller amount set by the procurement officer; and
(2)is not:
(i)based on adequate price competition;
(ii)based on the established catalog or market price of commercial items sold in substantial quantities to a significant number of buyers; or
(iii)set by law.
(d)An offeror or contractor required to submit cost and price information shall certify that, to the best knowledge of the offeror or contractor, the information is:
(1)accurate;
(2)complete; and
(3)current as of a specific date that:
(i)has been determined by the procurement officer and the offeror or contractor; and
(ii)occurs before the conclusion of price discussions.
(e)Each procurement contract, change order, or contract modification for which a cost and price certificate is required shall contain a provision that the price, including profit or fee, shall be reduced to exclude any significant price increases in a component that result because the contractor provided cost or price information that, as of the date specified under subsection (d)(3) of this section, was inaccurate, incomplete, or not current.