Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/
16. Compliance with Laws
The Contractor hereby represents and warrants that:
a. It is qualified to do business in the State of Maryland, and
that it will take such action, as from time to time hereafter,
may be necessary to remain so qualified;
b. It is not in arrears with respect to the payment of any
monies and owing the State of Maryland, or any department
or agency thereof, including but not limited to the payment
of taxes and employee benefits, and that it shall not become
so in arrears during the term of the contract;
c. It shall comply with all federal, State and local laws,
ordinances applicable to its activities and obligations under
the contract; and;
d. It shall procure, at its expense, all licenses, permits,
insurance and governmental approval, if any, necessary to
the performance of its obligations under the contract.
17. Compensation and Method of Payment
Contractor agrees to include on the face of all invoices billed
to the University, its Taxpayer Identification Number, which
is the Social Security Number for individuals and sale
proprietors and the Federal Employee Identification Number
for all other types of organizations.
18. Confidentiality; dissemination of Information
Contractor shall not release any information related to
services or performance of the services under this Contract,
nor publish any final reports or documents without the prior
written approval of the University. Contractor shall
indemnify and hold harmless the State and the University, its
officers, agents and employees from all harm which may be
incurred by reason of dissemination, publication, distribution
or circulation, in any manner whatsoever, of any
information, data, documents, or materials pertaining in any
way to this Contract by Contractor, its agents or employees.
19. Conflict of Interest Law
It is unlawful for any State officer, employee, or agent to
participate personally in his official capacity through
decision, approval, disapproval, recommendation, advice, or
investigation in any contract or other matter in which he, his
spouse, parent, child, brother, or sister has a financial
interest or to which any firm, corporation, association, or
other organization in which he has a financial interest or in
which he is serving as an officer, director, trustee, partner, or
employee, or any person or organization with whom he is
negotiating or has any arrangement concerning prospective
employment, is a party, unless such officer, employee, or
agent has previously complied with the provisions of State
Government Article § § 15-501 et seq. of the Annotated Code
of Maryland.
20. Contract Modifications and Changes
a. The procurement officer unilaterally may, at any time,
without notice to the sureties, if any, by written order
designed or indicated to be a change order, make any change
in work within the general scope of the contract, including
but not limited to changes:
(1) In the specifications (including drawings and designs);
(2) In the method or manner of performance of the work;
(3) In the State-furnished facilities, equipment, materials,
services,
or site; or
(4) Directing acceleration in the performance of the work.
b. Any other written order or an oral order, including a
direction, instruction, interpretation or determination, from
the procurement officer that causes any such change, shall be
treated as a change order under this clause, provided that the
Contractor gives the procurement officer written notice
stating the date, circumstances, and source of the order and
that the Contractor regards the order as a change order.
c. Except as herein provided, no order, statement, or
conduct of the procurement officer shall be treated as a
change under this clause or entitle the Contractor to an
equitable adjustment hereunder.
d. Subject to paragraph f., if any change under this clause
causes an increase or decrease in the Contractor's cost of, or
the time required for, the performance of any part of the work
under this contract, whether or not changed by any order, an
equitable adjustment shall be made and the contract
modified in writing accordingly; provided, however, that
except for claims based on defective specifications, no claim
for any change under (b.) above shall be allowed for any costs
incurred more than 20 days before the Contractor gives
written notice as therein required; and provided further, that
in the case of defective specifications for which the State is
responsible, the equitable adjustment shall include any
increased cost reasonably incurred by the Contractor in
attempting to comply with such defective specifications.
e. If the Contractor intends to assert a claim for an equitable
adjustment under this clause, he shall, within 30 days after
receipt of a written change order under a. above or the
furnishing or written notice under b. above, submit to the
procurement officer a written statement setting forth the
general nature and monetary extent of such claim, unless this
period is extended by the University. The statement of claim
hereunder may be included in the notice under b. above.
f. Each contract modification or change order that affects
contract price shall be subject to the prior written approval
of the procurement officer and other appropriate authorities
and to prior certification of the appropriate fiscal authority of
fund availability and the effect of the modification or change
order on the project budget or the total construction cost. If,
according to the certification of the fiscal authority, the
contract modification or change order will cause an increase
in cost that will exceed budgeted and available funds, the
modification or change order may not be made unless
sufficient additional funds are made available or the scope of
the project is adjusted to permit its completion within the
project budget.
