3326

LAWS OF MARYLAND

Ch. 840

orders, administrative changes, notices of termination, and
notices of the exercise of a contract option.]

[(h)] (M) (1) "Contractor" means [any] A person having a
contract with a State agency.

(2) "Contractor" does not include [employees with
labor contracts] AN EMPLOYEE WITH AN EMPLOYMENT CONTRACT OR AN
EMPLOYEE ORGANIZATION WITH A COLLECTIVE BARGAINING AGREEMENT.

(N) "COST REIMBURSEMENT CONTRACT" MEANS A CONTRACT UNDER
WHICH THE STATE REIMBURSES THE CONTRACTOR FOR THOSE CONTRACT
COSTS, WITHIN A STATED CEILING, WHICH ARE RECOGNIZED AS ALLOWABLE
AND ALLOCABLE UNDER THE COST AND PRICE PRINCIPLE REGULATIONS
ADOPTED IN ACCORDANCE WITH § 11-128 OF THIS SUBTITLE, AND WHICH
MAY INCLUDE A FEE.

(O) (1) "CONTROL" MEANS THE POWER TO SUPERVISE, REGULATE,
AND COMMAND.

(2) "CONTROL" INCLUDES THE AUTHORITY TO APPROVE OR
DISAPPROVE AN ACTION.

[(i)] (P) "Department" means the [Departments] STATE
TREASURER, THE DEPARTMENT of General Services, THE DEPARTMENT OF
Transportation, THE DEPARTMENT OF Budget and Fiscal Planning,
[and] OR the University of Maryland.

(Q) (1) "ENGINEERING SERVICES" MEANS PROFESSIONAL OR
CREATIVE WORK THAT IS PERFORMED IN CONNECTION WITH UTILITIES,
STRUCTURES, BUILDINGS, MACHINES, EQUIPMENT, AND PROCESSES AND
THAT REQUIRES ENGINEERING EDUCATION, TRAINING, AND EXPERIENCE IN
THE APPLICATION OF SPECIAL KNOWLEDGE OF THE MATHEMATICAL,
PHYSICAL, AND ENGINEERING SCIENCES.

(2) "ENGINEERING SERVICES" INCLUDES CONSULTATION,
INVESTIGATION, EVALUATION, PLANNING, DESIGN, AND SUPERVISION OF

CONSTRUCTION FOR THE PURPOSE OF INTERPRETING AND ASSURING

COMPLIANCE WITH SPECIFICATIONS AND DESIGN.

(3) "ENGINEERING SERVICES" DOES NOT INCLUDE

CONSTRUCTION INSPECTION SERVICES INSPECTION OF CONSTRUCTION FOR

THE PURPOSE OF INTERPRETING AND ASSURING COMPLIANCE WITH
SPECIFICATIONS AND DESIGN WITHIN THE SCOPE OF INSPECTION
SERVICES.

(R) "ESTABLISHED CATALOG PRICE" MEANS THE PRICE INCLUDED IN
THE MOST CURRENT CATALOG, PRICE LIST, SCHEDULE, OR OTHER FORM
THAT:

(1)  IS REGULARLY MAINTAINED BY THE MANUFACTURER OR
SUPPLIER OF AN ITEM;

(2)  IS PUBLISHED OR AVAILABLE FOR INSPECTION BY
CUSTOMERS; AND