3398

LAWS OF MARYLAND

Ch. 840

(b)  The General 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 General Selection Board
shall submit a statement of the reasons for the selection. This
statement serves as a public notice of the selection.

[19-211.] 11-177. 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 General 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.

[19-212.] 11-178. AFFIDAVIT OF NONCOLLUSION.

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

[19-213.] 11-179. 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.

[19-214.] 11-180. 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