WILLIAM DONALD SCHAEFER, Governor

Ch. 48

section will be part of a contract, which may not
incorporate the definitions, the references to
"corporation" and "partnership" are retained to
clarify that "person" is not limited to individuals.

Also in subsection (a)(1) and (2) of this section, the
word "contractor" is substituted for the former
references to the "architect or engineer", since the
party to the contract may be a firm, rather than an
individual architect or engineer. Similarly, in
subsection (b)(1) of this section, the phrase "of the
contractor" is substituted for the former references
to "working for the other person", for clarity.

In subsection (b)(2) of this section, the reference to
a "person who provides ... services" is substituted
for the former references to "[a]n architect,
engineer, or corporation or partnership of architects
or engineers", so that the prohibition encompasses all
entities that may be providing architectural or
engineering services.

In subsection (b)(3) of this section, the defined term
"unit" is substituted for the former separate
references to a "transportation agency" and a "using
authority", for brevity.

Defined terms: "Architectural services" § 11-101

"Engineering services" § 11-101

"Person" §§ 11-101 and 13-301

"Procurement contract" § 11-101 "Unit" § 11-101

13-320. AUDITS.

(A)  AUDITS OF RATES.

(1)  THE STATE MAY POSTAUDIT THE RATES OF CONTRACTORS
PERFORMING ARCHITECTURAL SERVICES OR ENGINEERING SERVICES UNDER
THIS SUBTITLE ARE SUBJECT TO POST AUDIT AS REQUIRED BY THE
REGULATIONS ADOPTED UNDER THIS SUBTITLE.

(2)  ALL RATES USED IN A COST-PLUS-FIXED-FEE
PROCUREMENT CONTRACT SHALL BE VERIFIED BY POST AUDIT IF:

(I)  THE COMPENSATION IS MORE THAN $50,000 AND
THE PROCUREMENT CONTRACT INVOLVES A UNIT OTHER THAN A
TRANSPORTATION UNIT; AND

(II)  THE COMPENSATION IS MORE THAN $25,000 AND
THE PROCUREMENT CONTRACT INVOLVES A TRANSPORTATION UNIT.

(B)  REQUESTS FOR COPIES.

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