HARRY HUGHES, Governor 3515

9-109.

(a) (1) The recommendation of the Transportation Selection
Board for the procurement and award of each contract for
architectural and engineering services [costing over $50,000
$100,000] shall:

(i) Be made on a competitive basis; and

(ii) Include an evaluation of technical [and
price proposals] PROPOSALS AND QUALIFICATIONS from two or more
persons.

[(2) Neither the technical proposal nor the price
proposal may be the sole criterion in making a recommendation on
a competitive basis.]

(2) (I) THE TRANSPORTATION SELECTION BOARD SHALL MAKE
ITS RECOMMENDATION FOR THE AWARD OF ALL CONTRACTS ON THE BASIS OF
NEGOTIATION AND IN ACCORDANCE WITH RULES AND REGULATIONS ADOPTED
BY THE TRANSPORTATION SELECTION BOARD.

(II) THE TRANSPORTATION SELECTION BOARD AGENCY
SHALL NEGOTIATE A CONTRACT WITH THE MOST QUALIFIED FIRM AT A RATE
OF COMPENSATION THAT THE TRANSPORTATION SELECTION BOARD AGENCY
DETERMINES IS FAIR, COMPETITIVE, AND REASONABLE. IN MAKING THAT
DETERMINATION, THE TRANSPORTATION SELECTION BOARD AGENCY SHALL:

1.  CONSIDER THE SCOPE AND COMPLEXITY OF
THE PROFESSIONAL SERVICES REQUIRED; AND

2.  CONDUCT A DETAILED ANALYSIS OF THE
COST OF THE SERVICES.

(III) (II) IF THE TRANSPORTATION SELECTION
BOARD AGENCY IS UNABLE TO NEGOTIATE A SATISFACTORY CONTRACT WITH
THE FIRM CONSIDERED TO BE THE MOST QUALIFIED AT A PRICE THE
TRANSPORTATION SELECTION BOARD AGENCY DETERMINES TO BE FAIR,
COMPETITIVE, AND REASONABLE, THE BOARD AGENCY SHALL TERMINATE ANY
NEGOTIATION WITH THAT FIRM. THE TRANSPORTATION SELECTION BOARD
AGENCY THEN SHALL NEGOTIATE WITH THE SECOND MOST QUALIFIED FIRM
IN THE SAME MANNER. IF AGREEMENT CANNOT BE REACHED WITH THE
SECOND MOST QUALIFIED FIRM, THE TRANSPORTATION SELECTION BOARD
AGENCY SHALL NEGOTIATE WITH THE THIRD MOST QUALIFIED FIRM.

(IV) (III) IF THE TRANSPORTATION SELECTION
BOARD AGENCY IS UNABLE TO NEGOTIATE A SATISFACTORY CONTRACT WITH
ANY OF THE SELECTED FIRMS, THE TRANSPORTATION SELECTION BOARD
AGENCY SHALL:

1.  SELECT ADDITIONAL FIRMS IN ORDER OF
THEIR COMPETENCE AND QUALIFICATION; AND

2.  CONTINUE NEGOTIATIONS IN ACCORDANCE
WITH THIS SECTION UNTIL AN AGREEMENT IS REACHED.