Maryland Department of Business and Economic Development Section 5-1035
§ 5-1035.
(a) Subject to the restrictions of this Part VI, the Authority, on application, may guarantee any surety up to the lesser of 90 percent or $1,350,000 of its losses incurred under a bid bond, a payment bond, or a performance bond on any contract, the majority of the funding for which is provided by the federal government or a state government, a local government or a utility regulated by the Public Service Commission.
(b) The term of a guaranty under this Part VI may not exceed the contract term.
(c) The Authority may vary the terms and conditions of the guaranty from surety to surety, based upon the Authority's history of experience with that surety and upon any other factor that the Authority considers relevant.
(d) (1) The Authority may execute and perform bid, performance, and payment bonds as a surety for the benefit of a principal in connection with any contract, the majority of the funding for which is provided by the federal government or a state government, a local government, or a utility regulated by the Public Service Commission.
(2) The bonds:
(i) May not exceed $1,000,000 each; and
(ii) Shall be subject to the approval of the Authority, based on the bond worthiness of the principal as determined by the Authority on review of an application.
(3) The monetary limit in this subsection does not apply if the sources of funding for the bonds are grants.
(e) (1) The Authority may not approve a guaranty or a bond under this Part VI unless the Authority considers the economic impact of the contract, for which a bond is sought to be guaranteed or issued, to be substantial.
(2) To determine the economic impact of a contract, the Authority may consider:
(i) The amount of the guaranty obligation;
(ii) The terms of the bond to be guaranteed;
(iii) The number of new jobs that will be created by the contract to be bonded; and
(iv) Any other factor that the Authority considers relevant.
