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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0063*
SENATE BILL 63
P2 6lr1251
(PRE–FILED) CF HB 74
By: Senator McCray
Requested: October 17, 2025
Introduced and read first time: January 14, 2026
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
State Procurement – Construction and Services – Contract Modification 2
FOR the purpose of requiring a certain procurement contract for construction or security 3
services to include a clause requiring contract modification for increased costs for 4
compensation and benefits under certain circumstances; requiring a certain contract 5
that is modified to be contingent on approval by the Chief Procurement Officer; and 6
generally relating to procurement contracts for construction and services. 7
BY repealing and reenacting, with amendments, 8
Article – State Finance and Procurement 9
Section 13–218(b) 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – State Finance and Procurement 15
13–218. 16
(b) (1) In addition to the clauses required under subsection (a) of this section, 17
a procurement contract for construction shall include: 18
[(1)] (I) a clause providing for contract modification if the condition of a 19
site differs from the condition described in the specifications; [and] 20
2 SENATE BILL 63
[(2)] (II) a clause covering the requirements for notice of contract claims, 1
submission of contract claims, and resolution of contract claims under § 15 –219 of this 2
article; AND 3
(III) IF THE CONTRACT IS F OR 3 YEARS OR MOR E IN DURATION 4
AND IS VALUED AT GRE ATER THAN $2,000,000, A CLAUSE REQUIRING C ONTRACT 5
MODIFICATION FOR THE EQUITABLE ADJUSTMENT OF THE CONTRACT FOR 6
INCREASED COSTS FOR COMPENSATION AND BENEFITS AS A RESULT OF STATUTORY 7
CHANGES INCREASING REQUIRED COMPENSATION OR BENEFITS. 8
(2) IN ADDITION TO THE CLAUSES REQUIRED UNDER SUBSECTION (A) 9
OF THIS SECTION , A PROCUREMENT CONTRA CT FOR SECURITY SERVICES THAT IS 10
FOR 3 YEARS OR MORE IN DURATION AND IS VALUED AT GREATER THAN $2,000,000 11
SHALL INCLUDE A CLAU SE REQUIRING CONTRACT MODIFICATIO N FOR THE 12
EQUITABLE ADJUSTMENT OF THE CONTRACT FOR INCREASED COSTS FOR 13
COMPENSATION AND BENEFITS AS A RESULT OF: 14
(I) STATUTORY CHANGES IN CREASING REQUIRED 15
COMPENSATION OR BENEFITS; OR 16
(II) COLLECTIVE BARGAINING. 17
(3) A CONTRACT THAT IS MOD IFIED IN ACCORDANCE WITH 18
PARAGRAPH (1)(III) OR (2) OF THIS SUBSECTION IS CONTINGENT ON APPROVAL BY 19
THE CHIEF PROCUREMENT OFFICER. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2026. 22