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MARVIN MANDEL, Governor 3511
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$10,000 SHALL BE AWARDED ON A COMPETITIVE BASIS.
HOWEVER, THE BOARD OF PUBLIC WORKS MAY NEGOTIATE AND
AWARD APPROVE THE AWARD OF SUCH CONTRACTS TO OTHER THAN
THE LOWEST BIDDER IF THE BOARD DETERMINES THAT TO BE IN
THE BEST INTEREST OF THE STATE.
(2) In any acquisition of property from private
owners, the Board of Public Works [shall] prior to [such]
THE acquisition SHALL obtain two independent appraisals
of [said] THE property.
(3) (I) A NEGOTIATED OR CHANGE ORDER CONTRACT
FOR CONSTRUCTION IN EXCESS OF $100,000 MAY NOT BE AWARDED
UNLESS THE CONTRACTOR FIRST EXECUTES A
TRUTH-IN-NEGOTIATION CERTIFICATE STATING THAT WAGE RATES,
AND OTHER FACTUAL UNIT COSTS SUPPORTING THE COMPENSATION
ARE ACCURATE, COMPLETE, AND CURRENT AT THE TIME OF
CONTRACTING.
(II) THE CERTIFICATION SHALL CONTAIN A
PROVISION THAT THE ORIGINAL PRICE OF THE CONTRACT AND AMY
ADDITIONS TO IT, INCLUDING PROFITS OR A FEE, SHALL BE
ADJUSTED TO EXCLUDE AMY SUMS WHERE THE BOARD DETERMINES
THE PRICE WAS INCREASED IN THOSE SUBS DUE TO INACCURATE,
INCOMPLETE, OR NONCURRENT WAGE RATES AND OTHER FACTUAL
UNIT COSTS.
(III) ADJUSTMENTS TO THE CONTRACT SHALL BE
MADE WITHIN ONE YEAR OF THE COMPLETION OF THE PERFORMANCE
OF THE CONTRACT.
(IV) ANY PERSON WHO INTENTIONALLY VIOLATES
THE PROVISIONS OF THIS PARAGRAPH IS GUILTY OF A FELONY
AND UPON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING
$5,000, OR IMPRISONMENT NOT EXCEEDING FIVE YEARS, OR
BOTH.
(4) A COST-PLUS-A-PERCENTAGE-OF-COST TYPE OF
CONTRACT IS PROHIBITED. A FIRM MAY NOT ALLOW INCREASED
COSTS TO ACCRUE TO OBTAIN THIS TYPE OF CONTRACT. THE
PROVISIONS OF THIS PARAGRAPH DO NOT APPLY TO CHANGES,
ADDITIONS, OR MODIFICATIONS WHICH MAY BE REQUIRED DURING
THE PERFORMANCE OF THE CONTRACT.
(5) (I) EACH CONTRACT ENTERED INTO BY THE STATE
FOR CONSTRUCTION SHALL CONTAIN A PROHIBITION AGAINST
CONTINGENT FEES. FOR THE BREACH OR VIOLATION OF THIS
PROVISION THE BOARD OF PUBLIC WORKS MAY TERMINATE THE
AGREEMENT WITHOUT LIABILITY AND MAY DEDUCT FROM THE
CONTRACT PRICE, OR OTHERWISE RECOVER, THE FULL AMOUNT OF
THE FEE OR CONSIDERATION.
(II) ANY PERSON, PARTNERSHIP, OR CORPORATION,
OTHER THAN A BONA FIDE EMPLOYEE OR AGENT, WHO OFFERS,
AGREES, OR CONTRACTS TO SOLICIT OR SECURE STATE CONTRACTS
FOR CONSTRUCTION, FOR ANY OTHER PERSON, PARTNERSHIP, OR
CORPORATION, AND WHOSE FEE IS CONTINGENT UPON OR
RESULTING FROM THE MAKING OF A CONTRACT FOR PROFESSIONAL
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