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Ch. 13
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56
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LAWS OF MARYLAND
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A PERSON MAY NOT BE AWARDED UNDER THIS SUBTITLE
ANY CONTRACT COSTING OVER $25,000 UNLESS THE PERSON HAS
EXECUTED A TRUTH-IN-NEGOTIATION CERTIFICATE STATING THAT
WAGE RATES AND OTHER FACTUAL UNIT COSTS SUPPORTING THE
COMPENSATION ARE ACCURATE, COMPLETE, AND CURRENT AS OF
THE TIME OF CONTRACTING.
(B) PRICE ADJUSTMENTS.
(1) THE CERTIFICATE SHALL PROVIDE THAT THE
ORIGINAL PRICE OF THE CONTRACT AND ANY ADDITIONS TO THE
CONTRACT WILL BE ADJUSTED TO EXCLUDE ANY SIGNIFICANT SUMS
IF THE BOARD DETERMINES THAT THE PRICE MAS INCREASED DUE
TO INACCURATE, INCOMPLETE, OR NONCURRENT WAGE RATES OR
OTHER FACTUAL UNIT COSTS.
(2) THE ADJUSTMENT TO THE CONTRACT SHALL BE
MADE WITHIN 1 YEAR AFTER THE END OF THE CONTRACT.
DEVISOR'S NOTE: This section is new language derived
without substantive change from Art. 41,
§231R.
In subsection (a) of this section, reference
to a "person ... awarded ... any contract" is
substituted for "supplier of ... services ...
awarded a contract" for brevity and to conform
to the language appearing elsewhere in this
subtitle.
2-312. AFFIDAVIT OF NONCOLLUSION.
A PERSON MAY NOT BE AWARDED A CONTRACT UNLESS THE
PERSON SUBMITS, WITH THE PRICE QUOTATION, AN AFFIDAVIT OF
NONCOLLUSION.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 41,
§231S.
In the context of this entire subtitle, it
would appear that this section and those
following were intended to apply - as is true
of the preceding sections - only to contracts
"costing over $25,000". (see, e.g., this
phrase is used in §2-311 (a).) However, the
wording of these sections-—which is basically
unchanged from that presently in Article
41-—is not so clearly limited and, literally,
seems to apply to all transportation agency
contracts for architectural or engineering
services, even those for $25,000 and less.
Since a change of this wording might result in
a substantive change, none has been made by
the Commission. However, further clarifying
legislation would be appropriate.
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