WILLIAM DONALD SCHAEFER, Governor                        H.B. 1466

AGENCY WORKING FOR THE CONTRACTOR, ARCHITECT, OR ENGINEER, TO
SOLICIT OR SECURE THIS AGREEMENT, AND THAT IT HAS NOT PAID OR
AGREED TO PAY ANY PERSON, PARTNERSHIP, CORPORATION, OR OTHER
ENTITY, OTHER THAN A BONA FIDE EMPLOYEE OR, BONA FIDE SALES AGENT,
SALESPERSON, OR COMMERCIAL SELLING AGENCY, ANY FEE OR OTHER
CONSIDERATION CONTINGENT ON THE MAKING OF THIS AGREEMENT.".

(B) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, UNLESS A PERSON IS A REGULAR EMPLOYEE OR SALES AGENT OF
BONA FIDE EMPLOYEE, BONA FIDE SALESPERSON, OR COMMERCIAL SELLING
AGENCY WORKING FOR 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.

(II) A LOBBYIST, AS DEFINED IN ARTICLE 40A, § 1-201 OF THE CODE,
MAY NOT OFFER OR AGREE TO SOLICIT OR SECURE A PROCUREMENT CONTRACT
UNDER THIS SUBTITLE IF THE LOBBYIST'S FEE IS CONTINGENT ON, OR RESULTS
FROM, THE MAKING OF THE PROCUREMENT CONTRACT.

(2)      (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A CONTRACTOR OR A PERSON WHO PROVIDES ARCHITECTURAL 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 ARTICLE.

(II) THIS PARAGRAPH DOES NOT APPLY TO A PAYMENT TO A BONA
FIDE EMPLOYEE, BONA FIDE SALESPERSON, OR COMMERCIAL SELLING AGENCY
WORKING FOR THE CONTRACTOR OR PERSON PROVIDING ARCHITECTURAL OR
ENGINEERING SERVICES.

(3)      AN EMPLOYEE OF A UNIT MAY NOT SOLICIT OR SECURE OR OFFER
TO SOLICIT OR SECURE A PROCUREMENT CONTRACT UNDER THIS ARTICLE
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.

13-316.

(a)     Within 10 days after an offeror of architectural services or engineering
services receives notice of a recommendation by the Selection Board to the Board of
Public Works, the offeror may appeal the recommendation to the Board of Public Works.

(b)     On an appeal under this section, the Board shall:

(1)      approve the recommendation;

(2)     disapprove the recommendation; or

(3)     remand the matter to the Selection Board for further consideration.

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