TermsandConditionsforcontractsunder25K_1___1_.pdf
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- Attached to
- Hagerstown MSC/DC Pest Control Contract
- Solicitation number
- BPM058669
- Issued by
- Maryland
About this file
This is a Terms and Conditions document applicable to contracts under $25,000 for the State of Maryland and related jurisdictions. The document establishes the standard terms, conditions, and requirements governing the procurement and administration of contracts valued below the $25,000 threshold. The terms apply broadly to state and local contracting activities, with provisions addressing contract formation, performance obligations, payment procedures, and termination rights. The document serves as a foundational reference for smaller-value procurements to ensure consistency and compliance across Maryland's contracting processes.
The document contains standard contractual provisions including payment terms, insurance requirements, compliance obligations, and dispute resolution procedures applicable to contracts under $25,000. It establishes conditions for contract award, performance standards, and conditions for contract termination or renewal. The terms and conditions document does not specify pricing, set-asides, incumbents, or funding amounts, as these elements are determined on a contract-by-contract basis through individual procurement actions. This generic framework applies to the referenced Hagerstown MSC/DC Pest Control Contract and similar state and local procurement activities in Maryland, with specific contractual details and financial terms to be established through the individual solicitation and award process.
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Text version
1. TERM S AND CONDITIONS:
A. Termination for Non-Appropriation. “If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract will be terminated automatically as of the beginning of the fiscal year, this Contract will be terminated automatically as of the beginning of the fiscal year for which funds are not available. The
Contractor may not recover anticipatory profits or costs incurred after termination.”
B. Maryland Law Prevails. “The law of Maryland will govern the interpretation and enforcement of this Contract.”
C. Disputes. “Disputes arising under this Contract will be governed by State Finance and
Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR
21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.”
D. Changes. “This Contract may be amended only with the written consent of both parties.
Amendments may not change significantly the scope of the Contract (including the Contract price).”
E. Termination for D efault “If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the
Contractor written notice of termination. Termination under this paragraph does not relieve the
Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, will be governed by the provisions of
COMAR 21.07.01 .11B .”
F. Nondiscrimination. “The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.”
G. Anti-Bribery. “The Contractor certifies that, to the Contractor’s best knowledge, neither the
Contractor, nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partner, nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or o ther subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the law of any state or of the United States.”
H. Termination for Convenience. “The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this
Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COM AR 21.07.01.12A(2)”
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