# COMAR Title 21 — State Procurement Regulations

## Subtitle 12 — Procurement of Architectural Services and Engineering Services

### Chapter 02 — Department of Transportation and Department of General Services; A/E Services Exceeding $200,000

#### Regulation .08 Compensation for Services.

*COMAR 21.12.02.08*

A. Unacceptable Methods. The following methods of compensation are not acceptable:

  (1) Cost plus a percentage of cost;

  (2) Percentage of construction cost.

B. The determination of the method of compensation shall be made by the Procurement Agency.

C. Prices shall be negotiated in accordance with State Finance and Procurement Article, §13-214, Annotated Code of Maryland.

D. Audit. The Procurement Agency shall arrange for pre-audits and post-audits, as required. All rates used in cost-plus-fixed-fee compensations shall be verified.

E. Monitoring.

  (1) A follow-up monitoring system to fairly evaluate the consultant(s)’ performance shall be initiated by the Procuring Agency. As a minimum, this shall include an evaluation of quality of work, timeliness of completion, effectiveness, and responsiveness to the agency’s needs.

  (2) The Procuring Agency shall maintain a post-evaluation file for each consultant performing work and shall be considered in performing their evaluations.