2536                                         LAWS OF MARYLAND                      [Ch. 732

CONTRACTS SHALL BE VERIFIED BY POST AUDIT [[BY THE USING
AUTHORITY]] IF THE COMPENSATION IS OVER $25,000.

(C) UPON REQUEST, STATE AUDITS OF ARCHITECTS AND
ENGINEERS PROVIDING SERVICES SHALL BE MADE AVAILABLE TO
PROCURING AUTHORITIES OF THE LOCAL SUBDIVISIONS AND
MUNICIPAL CORPORATIONS[[ . ]], IF THE ARCHITECT OR ENGINEER

IS BEING ACTIVELY CONSIDERED FOR PROVIDING SERVICES ON A

SPECIFIC PROJECT.

[[231-W.]] 231-V. PROHIBITION AGAINST CONTINGENCY

FEES.

[[EACH CONTRACT CONSULTANT AGREEMENT OR OTHER
OBLIGATION [[ENTERED INTO BY A USING AUTHORITY TO
PROCURE]} FOR ARCHITECTURAL OR ENGINEERING SERVICES IN
EXCESS OF $25,000 SHALL CONTAIN A PROHIBITION AGAINST
CONTINGENT FEES AS FOLLOWS: "THE ARCHITECT OR ENGINEER

(AS APPLICABLE) WARRANTS THAT HE HAS NOT EMPLOYED OR
RETAINED ANY COMPANY OR PERSON, OTHER THAN A BONA FIDE
EMPLOYEE WORKING SOLELY FOR THE ARCHITECT OR ENGINEER (AS
APPLICABLE) TO SOLICIT OR SECURE THIS AGREEMENT, AND THAT
HE HAS NOT PAID OR AGREED TO PAY ANY PERSON, COMPANY,
CORPORATION, INDIVIDUAL OR FIRM, OTHER THAN A BONA FIDE
EMPLOYEE WORKING SOLELY FOR THE ARCHITECT OR ENGINEER

(AS APPLICABLE) ANY FEE, COMMISSION, PERCENTAGE, GIFT,
OR ANY OTHER CONSIDERATION CONTINGENT UPON OR RESULTING
FROM THE AWARD OR MAKING OF THIS AGREEMENT."]]

(A) EACH CONTRACT ENTERED INTO BY THE AGENCY FOR
PROFESSIONAL SERVICES SHALL CONTAIN A PROHIBITION AGAINST
CONTINGENT FEES AS FOLLOWS: "THE ARCHITECT OR

PROFESSIONAL ENGINEER (AS APPLICABLE) WARRANTS THAT HE

HAS NOT EMPLOYED OR RETAINED ANY PERSON, PARTNERSHIP, OR
CORPORATION, OTHER THAN A BONA FIDE EMPLOYEE OR AGENT
WORKING FOR THE ARCHITECT OR PROFESSIONAL ENGINEER, TO
SOLICIT OR SECURE THIS AGREEMENT, AND THAT HE HAS NOT
PAID OR AGREED TO PAY ANY PERSON, PARTNERSHIP, OR

CORPORATION, OTHER THAN A BONA FIDE EMPLOYEE OR AGENT,

ANY FEE, OR ANY OTHER CONSIDERATION, CONTINGENT UPON THE
MAKING OF THIS AGREEMENT." FOR THE BREACH OR VIOLATION
OF THIS PROVISION, THE BOARD OF PUBLIC WORKS SHALL HAVE

THE RIGHT TO TERMINATE THE AGREEMENT WITHOUT LIABILITY

AND, AT ITS DISCRETION, TO DEDUCT FROM THE CONTRACT

PRICE, OR OTHERWISE RECOVER, THE FULL AMOUNT OF SUCH FEE

OR CONSIDERATION.

(B) ANY PERSON, PARTNERSHIP, OR CORPORATION, OTHER
THAN A BONA FIDE EMPLOYEE OF AGENT, WHO OFFERS, AGREES,

OR CONTRACTS TO SOLICIT OR SECURE AGENCY CONTRACTS FOR

PROFESSIONAL SERVICES FOR ANY OTHER PERSON, PARTNERSHIP,

OR CORPORATION, AND WHOSE FEE IS CONTINGENT UPON OR

RESULTING FROM, THE MAKING OF A CONTRACT FOR PROFESSIONAL
SERVICES, IS GUILTY OF A FELONY AND UPON CONVICTION IS