HARRY HUGHES, Governor

3813

BY adding to

Article 21 - Procurement

Section 9-109.1

Annotated Code of Maryland

(1981 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 21 - Procurement

9-107.

(a) This subtitle applies to any transportation agency that
desires to procure architectural or engineering services [over
$50,000].

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.