HARRY HUGHES, Governor                                     3517

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.

9-209.

(a) (1) The recommendation of the General 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 GENERAL SELECTION BOARD SHALL MAKE ITS
RECOMMENDATION FOR THE PROCUREMENT AND AWARD OF ALL CONTRACTS ON
THE BASIS OF NEGOTIATION AND IN ACCORDANCE WITH RULES AND
REGULATIONS ADOPTED BY THE GENERAL SELECTION BOARD.

(II)  THE GENERAL SELECTION BOARD SHALL
NEGOTIATE A CONTRACT WITH THE MOST QUALIFIED FIRM AT A RATE OF
COMPENSATION THAT THE GENERAL SELECTION BOARD DETERMINES IS FAIR,
COMPETITIVE, AND REASONABLE. IN MAKING THAT DETERMINATION, THE
GENERAL SELECTION BOARD 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)  IF THE GENERAL SELECTION BOARD IS UNABLE
TO NEGOTIATE A SATISFACTORY CONTRACT WITH THE FIRM CONSIDERED TO
BE" THE MOST QUALIFIED AT A PRICE THE GENERAL SELECTION BOARD
DETERMINES TO BE FAIR, COMPETITIVE, AND REASONABLE, THE BOARD
SHALL TERMINATE ANY NEGOTIATION WITH THAT FIRM. THE GENERAL
SELECTION BOARD THEN SHALL NEGOTIATE WITH THE SECOND MOST
QUALIFIED FIRM IN THE SAME MANNER. IF AGREEMENT CANNOT BE REACHED