2724

LAWS OF MARYLAND

Ch. 775

(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 GENERAL 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.

[231Y.] 9-212.

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

[231Z.] 9-213.

(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.

[231AA.] 9-214.

(a)  Each contract for architectural or engineering
services shall contain a prohibition against contingent fees
as follows: "The architect or engineer [as applicable]
warrants that he has not employed or retained any person,
partnership, corporation, or other entity, other than a bona
fide employee or agent working for the architect or
engineer, to solicit or secure this agreement, and that he
has not paid or agreed to pay any person, partnership,
corporation, or other entity, other than a bona fide
employee or agent, any fee or any other consideration
contingent on the making of this agreement."

(b)  Unless he is a bona fide employee or agent working
for the other person, a person may not offer or agree to
solicit or secure for any other person any contract for
architectural or engineering services if his fee is
contingent on or results from the making of a contract for
these services.

(c)  An architect, engineer, or corporation or
partnership of architects or engineers may not offer to pay
any fee or other consideration that is contingent on the