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MARVIN MANDEL, Governor 55
(IV) A BONA FIDE SINGLE SOURCE OF SUPPLY OR A
PROPRIETARY PRODUCT OR PROCESS IS REQUIRED.
(2) EACH WAIVER AND THE REASONS FOR IT SHALL
BE DOCUMENTED AND REPORTED TO THE LEGISLATIVE POLICY
COMMITTEE WITHIN 30 DAYS.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 41,
§§231-O and 231Q .
In subsection (a) of this section, the phrase
"{t}he recommendation of the Board for the
procurement...shall be made" is substituted
for the ambiguous "{the} procurement and
award...shall be awarded". This is done to
clarify the distinction between the functions
of this Board and those of the Board of Public
Works. As seen more clearly from present Art.
41, §23lP(d) (4) - now §2-310 of this subtitle
- the former selects a consultant and
recommends its selection to the latter; the
actual award may be made only by the Board of
Public Works.
2-310. RECOMMENDATION OF AWARD TO BOARD OF PUBLIC WORKS.
(A) RECOMMENDATION TO BOARD OF PUBLIC WORKS.
THE BOARD SHALL RECOMMEND TO THE BOARD OF PUBLIC
WORKS THE PERSON FROM WHICH THE REQUESTED ARCHITECTURAL
OR ENGINEERING SERVICES SHOULD BE PROCURED. ITS
RECOMMENDATION SHALL BE MADE IN ACCORDANCE WITH §2-309 OF
THIS SUBTITLE.
(B) ASSURANCE OF FINANCIAL CAPACITY.
THE BOARD SHALL ASSURE THAT THE RECOMMENDED PERSON
HAS THE FINANCIAL CAPACITY TO PROVIDE THE SERVICES AND TO
PROTECT THIS STATE FROM ERRORS AND OMISSIONS THAT MIGHT
ARISE FROM THE DIRECT PERFORMANCE OF THE SERVICES OR THE
PERFORMANCE OF THE SERVICES BY THIRD PARTIES RELYING ON
THE COMPLETED DESIGN OR WORK PRODUCT.
(C) STATEMENT OF REASONS FOR SELECTION.
WITH EACH RECOMMENDATION, THE BOARD SHALL SUBMIT A
STATEMENT OF THE REASONS FOR THE SELECTION. THIS
STATEMENT SERVES AS A PUBLIC NOTICE OF THE SELECTION.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 41,
§23lP(d)(4).
2-311. TRUTH-IN-NEGOTIATION CERTIFICATE; ADJUSTMENTS TO
CONTRACT.
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(A) TRUTH-IN-NEGOTIATION CERTIFICATE REQUIRED.
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