Md. Code Regs. 33.20.05.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 33.20.05.02 - Contract Determination

A. Length of Contract. A person is considered doing public business when the total consideration of the contract is $200,000 or more for the entire period of performance required under the contract.

B. Option Year Renewal. For the purposes of Election Law Article, Title 14, Annotated Code of Maryland, an option year renewal contract is considered a new contract.

C. Contract Modifications. If the contract is modified or any additional funds are appropriated increasing the amount of the contract to $200,000 or more for the remainder of the period of performance, the person is considered doing public business and shall file a registration notice at the time of the modification or additional funds were approved.

D. Acquisition, Merger, or Change in Ownership.

(1) If a business entity acquires, merges with, or changes ownership or control over another business entity, the controlling business entity is considered the filer for purposes of Election Law Article, Title 14, Annotated Code of Maryland.

(2) Except as provided in §D(3) of this regulation, prior contracts made by the acquired, merged, or newly owned or controlled business entity may not be retroactively attributed to the filer.

(3) Contracts made by the acquired, merged, or newly owned or controlled business entity during a reporting period or existing contracts where the period of performance remains uncompleted will be attributed to the filer.

E. Subsidiary Ownership. If a business entity is a subsidiary of 30 percent or more of another business entity, the immediate parent of the business entity with a contract with a governmental entity is considered the person doing public business.

Md. Code Regs. 33.20.05.02

Regulation .02 adopted effective 43:4 Md. R. 339, eff.2/29/2016