3390

LAWS OF MARYLAND

Ch. 840

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

[19-109.1.] 11-157.1. CONTRACTS FOR SERVICES COSTING $100,000 OR
LESS.

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.

[19-110.] 11-158. RECOMMENDATION OF AWARD TO BOARD OF PUBLIC
WORKS.

(a)  The Transportation Selection Board shall recommend to
the Board of Public Works the person from which the requested
architectural or engineering services should be procured. Its
recommendation shall be made in accordance with § [19-109] 11-157
of this subtitle.

(b)  The Transportation Selection Board shall assure that
the recommended person has the financial capacity to provide the
services and to protect this State from errors and omissions that
might arise from the direct performance of the services or the
performance of the services by third parties relying on the
completed design or work product.

(c)  With each recommendation, the Transportation Selection
Board shall submit a statement of the reasons for the selection.
This statement serves as a public notice of the selection.

[19-111.] 11-159. TRUTH-IN-NEGOTIATION CERTIFICATE; ADJUSTMENTS
TO CONTRACT.

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

[19-112.] 11-160. AFFIDAVIT OF NONCOLLUSION.

A person may not be awarded a contract unless the person
submits, with the price quotation, an affidavit of noncollusion.