Ch. 48                                          LAWS OF MARYLAND

13-319. CONTINGENT FEES PROHIBITED.

(A)  REQUIRED CONTRACT CLAUSES.

EACH PROCUREMENT CONTRACT AWARDED UNDER THIS SUBTITLE SHALL
INCLUDE THE FOLLOWING CLAUSES:

(1)  "THE CONTRACTOR HAS NOT EMPLOYED OR RETAINED ANY
CORPORATION, PARTNERSHIP, OR OTHER PERSON TO SOLICIT OR SECURE.
THIS PROCUREMENT CONTRACT, OTHER THAN A REGULAR EMPLOYEE OR AGENT
OF THE CONTRACTOR."; AND

(2)  "THE CONTRACTOR HAS NOT PAID OR AGREED TO PAY ANY
CORPORATION, PARTNERSHIP, OR OTHER PERSON A FEE OR OTHER
CONSIDERATION CONTINGENT ON THE AWARD OF THIS PROCUREMENT
CONTRACT, OTHER THAN THE WAGES OF A REGULAR EMPLOYEE OR AGENT OF
THE CONTRACTOR."

(B)  CONTINGENT FEES FOR SOLICITING OR SECURING CONTRACT.

(1)  UNLESS A PERSON IS A REGULAR EMPLOYEE OR AGENT OF
THE CONTRACTOR, THE PERSON MAY NOT OFFER OR AGREE TO SOLICIT OR
SECURE A PROCUREMENT CONTRACT UNDER THIS SUBTITLE IF THE PERSON'S
FEE IS CONTINGENT ON, OR RESULTS FROM, THE MAKING OF THE
PROCUREMENT CONTRACT.

(2)  A PERSON WHO PROVIDES ARCHITECTURAL SERVICES OR
ENGINEERING SERVICES MAY NOT OFFER TO PAY A FEE OR OTHER
CONSIDERATION THAT IS CONTINGENT ON THE MAKING OF A PROCUREMENT
CONTRACT UNDER THIS SUBTITLE.

(3)  AN EMPLOYEE OF A UNIT MAY NOT SOLICIT OR SECURE
OR OFFER TO SOLICIT OR SECURE A PROCUREMENT CONTRACT UNDER THIS
SUBTITLE BETWEEN THE UNIT AND ANY OTHER PERSON FOR WHICH THE
EMPLOYEE IS PAID OR IS TO BE PAID A FEE OR OTHER CONSIDERATION
THAT IS CONTINGENT ON THE MAKING OF THE PROCUREMENT CONTRACT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF §§ 11-162
and 11-180.

In subsections (a) and (b)(1) of this section, the
word "regular" is substituted for the words "bona
fide", which formerly modified "employee or agent",
for clarity.

In subsection (a)(1) and (2) of this section, the
references to a "corporation, partnership, or other
person" is substituted for the former references to
"any person, partnership, corporation, or other
entity" to conform, more closely, to the definitions
of "person" in this Division II. However, since the
clauses required in subsection (a)(1) and (2) of this

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