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Ch. 13
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54
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LAWS OF MARYLAND
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ON REQUEST, THE BOARD SHALL GIVE EACH INTERESTED
PERSON A COMPREHENSIVE DESCRIPTION OF THE NATURE AND
SCOPE OF THE PROFESSIONAL SERVICES TO BE PROCURED. THE
TRANSPORTATION AGENCY MAKING THE PROCUREMENT REQUEST
SHALL PREPARE THE DESCRIPTION.
REVISOR'S NOTE: This section is new language
derived without substantive change from Art.
41, §231P(d)(1), (2), and (3).
In this section and throughout this subtitle,
the defined term "person" is substituted for
present, inconsistent references to a "firm".
The term "transportation agency" is defined in
§2-301 of this subtitle.
As to notices required by this section, see,
also, Order No. 6 of the Joint Standing
Committee on Administrative, Executive and
Legislative Review, September 26, 1975, which
requires publication in the Maryland Register
of these notices. (Vol. 2, Maryland Register,
page 1364.)
2-30 9. REQUIREMENTS FOR AWARD; WAIVER OF REQUIREMENTS.
(A) REQUIREMENTS.
(1) THE RECOMMENDATION OF THE BOARD FOR THE
PROCUREMENT AND AWARD OF EACH CONTRACT FOR ARCHITECTURAL
AND ENGINEERING SERVICES COSTING OVER $25,000 SHALL:
(1) BE MADE ON A COMPETITIVE BASIS; AND
(II) INCLUDE AN EVALUATION OF TECHNICAL AND
PRICE PROPOSALS FROM TWO OR MORE PERSONS.
(2) NEITHER THE TECHNICAL PROPOSAL NOR THE
PRICE PROPOSAL MAY BE THE SOLE CRITERION IN MAKING A
RECOMMENDATION ON A COMPETITIVE BASIS.
(B) WAIVER.
(1) THE BOARD MAY WAIVE THE REQUIREMENTS OF
SUBSECTION (A) OF THIS SECTION IF:
(I) IT DETERMINES IN WRITING THAT THE
ARCHITECTURAL AND ENGINEERING SERVICES CANNOT BE DEFINED
SO COMPLETELY AS TO LEND THEMSELVES TO THE PROCEDURES SET
FORTH IN SUBSECTION (A) OF THIS SECTION;
(II) THE PUBLIC HEALTH AND SAFETY IS
ENDANGERED AFTER A NATURAL DISASTER OR ACT OF GOD;
(III) A STATE OF EMERGENCY IS DECLARED BY THE
GOVERNOR; OR
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