Mandatory provision for only those construction contracts that contain estimated quantity items:

"Variations in Estimated Quantities “Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of such pay item varies more than twenty-five percent (25%) above or below the estimated quantity stated in this contract, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above one hundred twenty-five percent (125%) or below seventy-five percent (75%) of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the procurement officer shall, upon receipt of a written request for an extension of time within ten (10) days from the beginning of the delay, or within a further period of time which may be granted by the procurement officer before the date of final settlement of the contract, ascertain the facts and make the adjustment for extending the completion date as in the procurement officer’s judgment the findings justify.”

Authority: State Finance and Procurement Article, §§12-101, 13-216, 13-218, 13-225, 15-226, and 17-801—17-804, Annotated Code of Maryland

Effective date: July 1, 1981 (8:13 Md. R. II-5)

Regulation .09 amended effective May 6, 1985 (12:9 Md. R. 816)

Chapter revised effective January 9, 1989 (15:27 Md. R. 3138)

Regulation .02 amended effective July 15, 2019 (46:14 Md. R. 623)

Regulation .03 amended effective July 15, 2019 (46:14 Md. R. 623)

Regulation .04 amended effective January 2, 2017 (43:26 Md. R. 1449); July 15, 2019 (46:14 Md. R. 623)

Regulation .05 amended effective July 15, 2019 (46:14 Md. R. 623)

Regulation .05-1 adopted effective October 6, 1997 (24:20 Md. R. 1405)

Regulation .05-1E amended effective January 24, 2000 (27:1 Md. R. 78)

Regulation .05-2 adopted effective October 2, 2000 (27:19 Md. R. 1730)

Regulation .05-2 amended effective July 9, 2001 (28:13 Md. R. 1216); September 18, 2023 (50:18 Md. R. 800); March 3, 2025 (52:4 Md. R. 221)

Regulation .05-3 adopted effective July 9, 2001 (28:13 Md. R. 1216)

Regulation .06 amended effective July 15, 2019 (46:14 Md. R. 623)

Regulation .07 amended effective July 15, 2019 (46:14 Md. R. 623); June 29, 2020 (47:13 Md. R. 643)

Regulation .08 amended effective July 15, 2019 (46:14 Md. R. 623)

Regulation .09 amended effective July 15, 2019 (46:14 Md. R. 623)

Regulation .10 amended effective May 20, 1996 (23:10 Md. R. 733); February 23, 2009 (36:4 Md. R. 355); March 16, 2015 (42:5 Md. R. 488)

Regulation .10A amended effective March 11, 2019 (46:5 Md. R. 310); March 3, 2025 (52:4 Md. R. 221)

Regulation .11 adopted effective July 15, 2019 (46:14 Md. R. 623)

Regulation .12 adopted effective May 17, 2021 (48:10 Md. R. 401)