Mandatory provision for all contracts. The following clause
is preferred:
"Unless a payment is unauthorized, deferred, delayed, or
set-off under COMAR 21.02.07, Payments to the Contractor pursuant to this
Contract shall be made no later than 30 days after the State's receipt of a
proper invoice from the Contractor.
The Contractor may be eligible to receive late payment
interest at the rate of 9%per annum if:
(1) The Contractor submits an invoice for the
late payment interest within thirty days after the date of the State's payment
of the amount on which the interest accrued; and
(2)A contract claim has not been filed under
State Finance and Procurement Article, Title 15, Subtitle 2, Annotated Code of
Maryland.
The State is not liable for interest:
(1)Accruing more than one year after the 31st
day after the agency receives the proper invoice; or
(2) On any amount representing unpaid
interest. Charges for late payment of invoices are authorized only as
prescribed by Title 15, Subtitle 1, of the State Finance and Procurement
Article, Annotated Code of Maryland, or by the Public Service Commission of
Maryland with respect to regulated public utilities, as applicable."