# State Finance and Procurement (GSF)

## Title 13. Source Selection -- State Procurement Contracts

### Subtitle 2. Procedural Requirements

#### Section 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.

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Md. Code Ann., State Fin. & Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)
