(a) Except as provided in subsection (b) of this section, a procurement officer may not require a contractor to provide a performance bond, payment bond, or other security on a procurement contract for construction, construction related services, services, or supplies if the price of the procurement contract is less than or equal to the small procurement amount specified in § 13-109 of this title. (b) A procurement officer shall require a contractor to provide a performance bond, payment bond, or other security if federal law or a condition of federal assistance requires the security. (c) If the price of a procurement contract for construction exceeds the small procurement amount specified in § 13-109 of this title for construction, a procurement officer shall require a contractor to provide security as required under Title 17, Subtitle 1 of this article. (d) A procurement officer may require a contractor to provide a performance bond or other security on a procurement contract for supplies, services, or construction related services if: (1) circumstances warrant security; and (2) the price of the procurement contract exceeds the small procurement amount specified in § 13-109 of this title. (e) (1) The Board shall adopt regulations to establish separate surety bond forms for procurement officers to use to require security for: (i) fixed-price contracts; and (ii) multiyear contracts. (2) The form for multiyear contracts shall provide for annual and renewable contracts.
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