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MARVIN MANDEL, Governor 585
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As to the uncertain scope of this section, see
the discussion in the revisor's note to §231Z
of this subtitle.
Certain additional problems noted by the
Commission are worthy of mention:
The contract provision quoted in and required
by subsection (a) of this section appears to
condone contingent payments to a "bona fide
employee or agent"; on the other hand, the
substantive provisions of subsection (c)
prohibit all contingent payments, without
excepting these employees and agents. First,
wouldn't anybody being paid a fee be at least
an "agent"; and what is meant by "bona fide"?
Second, why are fees to these persons excepted
from subsection (a) and not subsection (c)?
Subsection (c) of this section prohibits only
architects, engineers, and their corporations
and partnerships from offering a contingent
fee. What about their agents and employees?
Clarifying legislation would be appropriate.
231BB. AUDITS.
(A) RATES SUBJECT TO POST AUDIT.
(1) THE RATES OF ARCHITECTS AND ENGINEERS
PERFORMING SERVICES FOR A USING AUTHORITY ARE SUBJECT TO
POST AUDIT.
(2) IF THE COMPENSATION IS OVER $25,000, ALL
SATES USED IN COST-PLUS-FIXED-FEE CONTRACTS SHALL BE
VERIFIED BY POST AUDIT.
(B) AUDITS AVAILABLE TO LOCAL SUBDIVISION.
ON REQUEST, ANY STATE AUDIT OF AN ARCHITECT OR
ENGINEER PROVIDING SERVICES FOR A USING AUTHORITY SHALL
BE MADE AVAILABLE TO THE PROCURING AUTHORITY OF ANY
POLITICAL SUBDIVISION OF THIS STATE, IF THE PROCURING
AUTHORITY IS CONSIDERING THE ARCHITECT OR ENGINEER FOR
SERVICES ON A SPECIFIC PROJECT.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 41,
§231U.
As to the uncertain scope of subsection (a) (1)
of this section, see the discussion in the
revisor's note to §231Z of this subtitle.
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231CC. TERMINATION OF CONTRACT.
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