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MARVIN MANDEL, Governor 581
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(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
(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 §231W 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.
231W. RECOMMENDATION OF AWARD TO BOARD OF PUBLIC WORKS.
(A) RECOMMENDATION TO BOARD OF PUBLIC WORKS.
THE BOARD SHALL RECOMEND 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 §231V 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
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