HARRY HUGHES, Governor                                2717

(a)  The TRANSPORTATION SELECTION 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] 9-109 of this subtitle.

(b)  The TRANSPORTATION SELECTION 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)  With each recommendation, the TRANSPORTATION
SELECTION Board shall submit a statement of the reasons for
the selection. This statement serves as a public notice of
the selection.

[2-311. ] 9-111.

(a)  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)  (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 TRANSPORTATION SELECTION Board determines that the price
was 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.

[2-312.] 9-112.

A person may not be awarded a contract unless the
person submits, with the price quotation, an affidavit of
noncollusion.

[2-313.] 9-113.

(a)  The cost-plus-a-percentage-of-cost type of
contract may not be used.

(b)  Fee schedules that are based on a percentage of
construction costs of contracts resulting from completed
designs prepared by architectural or engineering firms may
not be used.

[2-314.] 9-114.