1436                                        LAWS OF MARYLAND                                    Ch. 372

CHAPTER 372

(Senate Bill 852)
AN ACT concerning

Procurement - Expedited Selection of Architectural

and Engineering Services

FOR the purpose of allowing altering the requirement for

competitive negotiation of certain contracts for
architectural and engineering services to be waived under
certain conditions; requiring the Board of Public Works to
make certain determinations before the requirement is
waived; and generally relating to expedited selection of
architectural and engineering services.

BY repealing and reenacting, with amendments,

Article - State Finance and Procurement
Section 19-109(b)(l) and 19-209(b)(l)
Annotated Code of Maryland
(1985 Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That the Laws of Maryland read as follows:

Article - State Finance and Procurement
19-109.

(b) (1) The Transportation Selection Board [may
waive] SHALL 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] HAS BEEN declared
by the [Governor] SECRETARY OF TRANSPORTATION; [or]

(iv) [A] IT DETERMINES THAT A bona fide single
source of supply or a proprietary product or process is required;
OR

(V) UPON THE RECOMMENDATION OF THE SECRETARY OF
TRANSPORTATION, ACCOMPANIED BY A FINDING BY THE GOVERNOR OF
EXTRAORDINARY CIRCUMSTANCES. THE BOARD OF PUBLIC WORKS DETERMINES

THAT URGENT CIRCUMSTANCES REQUIRE PROMPT ACTION AND THAT THE