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costs, with adjustments as necessary to reach mutual agreement by all parties. Every effort should be made to prepare a contract reflecting all agreements arrived at during negotiations.

If the college and the A/E firm fail to reach an agreement on the price, the contract documents, or the requirements, the college terminates the negotiations, advises the A/E firm, and confirms the termination in writing. The college then issues an RFP to the A/E firm selected second in order of preference and proceeds to negotiate with that firm.

If negotiations with the second A/E firm fail, the above termination procedures are followed and an RFP is issued to the third firm recommended. If these negotiations also fail, the A/E evaluation committee proceeds to identify in preferential order the names of three additional highly qualified firms for submission to the selecting official so that negotiations may continue until a satisfactory contract is agreed upon.

A record of the negotiations for a contract for A/E services is prepared and incorporated into the contract file and is made available for use by reviewing authorities.  The record shall contain sufficient detail to reflect the significant considerations controlling the negotiations and the establishment of the price and other contract items.

6.06BOARD OF PUBLIC WORKS APPROVAL

The Board of Public Works (BPW) consists of the Governor, Comptroller, and Treasurer of the State of Maryland.  All contracts and allocations involving State funds must be approved by the BPW.

Immediately following a successful A/E fee negotiation, the college shall request, in writing, that the Maryland Higher Education Commission recommend that the Department of General Services prepare a Board of Public Works agenda item for an allocation of the State share of design funds and approval to expend funds for the A/E contract award.

6-5June 6, 2005 Edition

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