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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) Except as otherwise provided in this section, a procurement officer may not require a bidder or offeror to provide bid security on a procurement contract if the procurement officer expects the price to be $100,000 or less.
(b)(1) A procurement officer shall require a bidder or offeror to provide bid security on a procurement contract for construction if:
(i) the price is expected to exceed $100,000; or
(ii) the price is expected to be $100,000 or less but federal law or a condition of federal assistance requires the security.
(2) The amount of bid security required for a procurement contract for construction shall be:
(i) at least 5% of the bid or price proposal; or
(ii) if the bid or price proposal states a rate but not a total price, an amount determined by the procurement officer.
(c)(1) A procurement officer may require a bidder or offeror to provide bid security on a procurement contract for services, supplies, or construction related services if the price of the procurement contract is expected to exceed $50,000.
(2) A procurement officer shall require a bidder or offeror to provide bid security on a procurement contract for services, supplies, or construction related services if federal law or a condition of federal assistance requires the security.
(3) The amount of bid security required for a procurement contract for services, supplies, or construction related services shall be an amount determined by the procurement officer. If a bid or proposal states a rate but not a total price, the procurement officer shall determine the dollar amount of the bid security.
(d) Bid security under this section shall be:
(1) a bond provided by a surety company authorized to do business in the State;
(2) cash; or
(3) another form of security allowed by regulation.
Cite this article: FindLaw.com - Maryland Code, State Finance and Procurement § 13-207 - last updated January 01, 2025 | https://codes.findlaw.com/md/state-finance-and-procurement/md-code-state-fin-and-proc-sect-13-207/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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