3516

LAWS OF MARYLAND

Ch. 744

(V) (IV) THE TRANSPORTATION SELECTION BOARD MAY
DELEGATE THE NEGOTIATION PROCESS TO THE DEPARTMENT OF
TRANSPORTATION, BUT ANY NEGOTIATING TEAM SHALL CONTAIN A
REPRESENTATIVE OF THE USING AUTHORITY.

(VI) (V) THE TRANSPORTATION SELECTION BOARD
SHALL:

1.  REVIEW ALL CONTRACT DOCUMENTS AND
ANNOUNCE THEIR GENERAL CONTENT AT A PUBLIC MEETING OF THE
TRANSPORTATION SELECTION BOARD; AND

2.  MAKE AVAILABLE FOR PUBLIC REVIEW ALL
DOCUMENTS RELATING TO AN AWARD, INCLUDING TECHNICAL RESUMES,
PROPOSALS, SCOPE OF SERVICES, PROGRAMS, THE DETAILED CONTRACT,
STAFF REPORTS, INTERNAL WORK SHEETS, AND ALL OTHER INFORMATION
RELEVANT TO THE NEGOTIATION AND AWARD.

(b) (1) The Transportation Selection Board may waive the
requirements of subsection (a) of this section if:

(i) It determines in writing that the
architectural and engineering services cannot be defined so
completely as to lend themselves to the procedures set forth in
subsection (a) of this section;

(ii) The public health and safety is endangered
after a natural disaster or act of God;

(iii) An emergency is declared by the Governor;
or

(iv) A bona fide single source of supply or a
proprietary product or process is required.

(2) Each waiver and the reasons for it shall be:

(i) Documented and reported to the Legislative
Policy Committee within 30 days; and

(ii) Documented and immediately reported to the
Maryland Register for printing in the next available issue.

9-109.1.

THE TRANSPORTATION AGENCY SHALL NEGOTIATE ALL CONTRACTS FOR
ARCHITECTURAL AND ENGINEERING SERVICES COSTING $100,000 OR LESS
ON A COMPETITIVE BASIS, AT A PRICE THE TRANSPORTATION AGENCY
DETERMINES TO BE FAIR AND REASONABLE.

9-111.

(a) A person may not be awarded under this subtitle any
contract [costing over $50,000 $100,000] unless the person