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Session Laws, 1980
Volume 739, Page 2725   View pdf image
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HARRY HUGHES, Governor

2725

making of a contract for architectural or engineering
services.

(d) An employee of a using authority may not solicit
or secure or offer to solicit or secure a contract for
architectural or engineering services for which the employee
is paid or is to be paid any fee or other consideration
contingent on the making of the contract between the using
authority and any other person.

[231BB.] 9-215.

(a)  (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
rates used in cost-plus-fixed-fee contracts shall be
verified by post audit.

(b)  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.

[231CC] 9-216.

(a)  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 this subtitle,
if:

(1)  There has been any conviction of a crime
arising out of or in connection with the procurement of any
work to be done or any payment to be made under the
contract; or

(2)  There has been any breach or violation of:

(i) Any provision of this subtitle; or

(ii) The contract provision against
contingent fees required by § [231AA] 9-214(a) of this
subtitle.

(b)  If a contract is terminated under this section,
the architect or engineer:

(1)  May be paid only the earned value of the
work done to the date of termination, plus terminal ion
costs;

(2)  Shall refund all profits or fixed fees
realized under the contract; and

 

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Session Laws, 1980
Volume 739, Page 2725   View pdf image
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