HARRY HUGHES, Governor

3391

[19-113.] 11-161. COST-PLUS-A-PERCENTAGE-OF-COST CONTRACTS.

(a)  The cost-plus-a-percentage-of-cost type of contract may
not be used.

(b)  Fee schedules that are based on a percentage of
construction costs of contracts resulting from completed designs
prepared by architectural or engineering firms may not be used.

[19-114.] 11-162. CONTINGENT FEES PROHIBITED.

(a)  Each contract for architectural SERVICES or engineering
services shall contain a prohibition against contingent fees as
follows: "The architect or engineer, AS APPLICABLE, [as
applicable] warrants that [he] THE ARCHITECT OR ENGINEER has not
employed or retained any person, partnership, corporation, or
other entity, other than a bona fide employee or agent working
for the architect or engineer, to solicit or secure this
agreement, and that [he] THE ARCHITECT OR ENGINEER has not paid
or agreed to pay any person, partnership, corporation, or other
entity, other than a bona fide employee or agent, any fee or any
other consideration contingent on the making of this agreement."

(b)  Unless [he] A PERSON is a bona fide employee or agent
working for the other person, a person may not offer or agree to
solicit or secure for any other person any contract for
architectural SERVICES or engineering services if [his] THE
PERSON'S fee is contingent on or results from the making of a
contract for these services.

(c)  An architect, engineer, or corporation or partnership
of architects or engineers may not offer to pay any fee or other
consideration that is contingent on the making of a contract for
architectural SERVICES or engineering services.

(d)  An employee of a transportation agency may not solicit
or secure or offer to solicit or secure a contract for
architectural SERVICES or engineering services for which the
employee is paid or is to be paid any fee or other consideration
contingent on the making of the contract between the
transportation agency and any other person.

[19-115.] 11-163. AUDITS.

(a)   (1) The rates of architects and engineers performing
services for a transportation agency are subject to post audit.

(2) If the compensation is over $25,000, all rates
used in cost-plus-fixed-fee contracts shall be verified by post
audit.

(b)  On request, any State audit of an architect or engineer
providing services for a transportation agency shall be made
available to the procuring authority of any political subdivision