# COMAR Title 21 — State Procurement Regulations

## Subtitle 05 — Procurement Methods and Project Delivery Methods

### Chapter 15 — Pay-for-Success Contracting

#### Regulation .02 Background.

*COMAR 21.05.15.02*

The General Assembly has found and declared that:

A. Pay-for-success contracting shifts the risk of performance to the contractor because government payment is made only on achievement of outcomes;

B. Social and environmental impact investment is growing dramatically, and investors are seeking ways to finance and execute pay-for-success contracts in the State to expand the success of Chesapeake Bay restoration efforts and achieve other public outcomes; and

C. It is in the best interest of the State to include pay-for-success contracting as a procurement option, particularly for units responsible for land conservation and environmental protection, enhancement, and restoration.