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59
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MARVIN MANDEL, Governor
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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)
prohibits 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.
2-315. AUDITS.
(A) RATES SUBJECT TO POST AUDIT.
(1) THE RATES OF ARCHITECTS AND ENGINEERS
PERFORMING SERVICES FOR A TRANSPORTATION AGENCY ARE
SUBJECT TO POST AUDIT.
(2) IF THE COMPENSATION IS OVER $25,000, ALL
BATES 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 TRANSPORTATION AGENCY
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 §2-3 12 of this subtitle.
2-316. TERMINATION OF CONTRACT.
(A) CONTRACT MAY BE TERMINATED FOR VIOLATIONS.
THE BOARD OF PUBLIC WORKS MAY TERMINATE WITHOUT
LIABILITY A CONTRACT FOR ARCHITECTURAL OR ENGINEERING
SERVICES AND MAY DEDUCT FROM THE CONTRACT PRICE OR
OTHERWISE RECOVER THE FULL AMOUNT OF ANY FEE, COMMISSION,
PERCENTAGE, GIFT, OR CONSIDERATION PAID IN VIOLATION OF
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