(a) A unit may not enter into a cost-reimbursement contract unless the procurement officer determines that:
(1) a cost-reimbursement contract is likely to be less costly to the State than any other type of contract; or
(2) except for leases of real property, the kind or quality of procurement that the unit requires could not be obtained practicably under any other type of contract.
(b) A unit may not enter into a procurement contract that is wholly or partly a cost-reimbursement contract unless the procurement officer determines that the accounting system of the contractor:
(1) will allow timely development of all necessary cost data in the form required by the specific type of procurement contract under consideration; and
(2) is adequate to allocate costs in accordance with generally accepted accounting principles.
(c) A cost-reimbursement contract shall provide that costs, including costs for subcontractors, will be reimbursed only if the costs are allowable and allocable under:
(1) the procurement contract; or
(2) the regulations of the Board on cost principles.
(d) A contractor under a cost-reimbursement contract shall give notice to and, as required under the contract, obtain approval from a procurement officer before the contractor enters into:
(1) a cost-reimbursement subcontract; or
(2) any subcontract involving more than:
(i) $25,000; or
(ii) 5% of the estimated cost of the procurement contract.
Structure Maryland Statutes
Division II - General Procurement Law
Title 13 - Source Selection -- State Procurement Contracts
Subtitle 2 - Procedural Requirements
Section 13-213 - Regulations on Price and Cost Principles
Section 13-215 - Cost-Reimbursement Contracts
Section 13-216 - Security for Payment; Performance
Section 13-217 - Multi-Year Procurement Contracts
Section 13-218 - Required Clauses -- in General
Section 13-218.1 - Service Contract
Section 13-219 - Required Clauses -- Nondiscrimination Clause
Section 13-220 - Cost and Price Information
Section 13-221 - Disclosures to Secretary of State
Section 13-223 - Contingent Fees
Section 13-224 - Procurement Contracts
Section 13-226 - Electronic Transactions
Section 13-227 - Subcontractor Equal Access to Bonding Act of 2013