WILLIAM DONALD SCHAEFER, Governor                      Ch. 48

(1)  FROM THE RESULTS OF THE SELECTION PROCESS UNDER
SUBSECTION (A) OF THIS SECTION, THE TRANSPORTATION UNIT SHALL:

(I)  BEGIN NEGOTIATIONS WITH THE MOST QUALIFIED
PERSON; AND

(II)  TRY TO NEGOTIATE A PROCUREMENT CONTRACT
WITH THAT PERSON AT A RATE OF COMPENSATION THAT IS FAIR,
COMPETITIVE, AND REASONABLE.

(2)  IN DETERMINING THE RATE OF COMPENSATION UNDER
THIS SUBSECTION, THE TRANSPORTATION UNIT SHALL:

(I)  CONSIDER THE SCOPE AND COMPLEXITY OF THE
ARCHITECTURAL OR ENGINEERING SERVICES REQUIRED; AND

(II)  CONDUCT A DETAILED ANALYSIS OF THE COST OF
THOSE SERVICES.

(C)  ALTERNATIVE NEGOTIATIONS.

(1)  IF THE TRANSPORTATION UNIT IS UNABLE TO NEGOTIATE
A SATISFACTORY PROCUREMENT CONTRACT UNDER SUBSECTION (B)(1) OF
THIS SECTION AT A RATE OF COMPENSATION THAT IS FAIR, COMPETITIVE,
AND REASONABLE, IT SHALL:

(I)  TERMINATE NEGOTIATIONS WITH THE MOST
QUALIFIED PERSON; AND

(II)  NEGOTIATE IN THE SAME MANNER WITH THE 2ND
AND, IF NECESSARY, THE 3RD MOST QUALIFIED PERSON CHOSEN UNDER
SUBSECTION (A) OF THIS SECTION.

(2)  IF THE' TRANSPORTATION UNIT IS UNABLE TO NEGOTIATE
A PROCUREMENT CONTRACT WITH ANY PERSON CHOSEN UNDER SUBSECTION
(A) OF THIS SECTION, THE TRANSPORTATION UNIT SHALL:

(I)  CHOOSE ADDITIONAL PERSONS IN ORDER OF THEIR
COMPETENCE AND QUALIFICATION; AND

(II)  CONTINUE NEGOTIATIONS IN ACCORDANCE WITH
THE PROCEDURES UNDER THIS SECTION UNTIL IT REACHES AN AGREEMENT.

(D)  DELEGATION BY TRANSPORTATION SELECTION BOARD.

THE TRANSPORTATION SELECTION BOARD MAY DELEGATE THE

NEGOTIATION PROCESS TO THE DEPARTMENT OF TRANSPORTATION, BUT ANY

NEGOTIATING TEAM SHALL INCLUDE A REPRESENTATIVE OF THE
TRANSPORTATION UNIT REQUESTING THE PROCUREMENT.

REVISOR'S NOTE: Subsection (a) of this section is new
language based on the reference, , in former §
11-156(a), to "the screening process of the Department

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