2666

LAWS OF MARYLAND

Ch. 775

(2)  IS PUBLISHED OR AVAILABLE FOR INSPECTION BY
CUSTOMERS; AND

(3)  STATES PRICES AT WHICH SALES ARE CURRENTLY
OR WERE LAST MADE TO THE GENERAL BUYING PUBLIC FOR THAT
ITEM; OR

(4)  STATES DISCOUNTED PRICES AT WHICH SALES ARE
CURRENTLY OR WERE LAST MADE TO LOCAL, STATE, OR FEDERAL
AGENCIES.

(E)  "EVALUATED BID PRICE" MEANS THE DOLLAR AMOUNT OF A
BID AFTER BID PRICE ADJUSTMENTS ARE MADE UNDER OBJECTIVE
MEASURABLE CRITERIA, SET FORTH IN THE INVITATION FOR BIDS,
WHICH AFFECT THE ECONOMY AND EFFECTIVENESS IN THE OPERATION
OR USE OF THE PRODUCT, SUCH AS RELIABILITY, MAINTAINABILITY,
USEFUL LIFE, AND RESIDUAL VALUE.

(F)  "INVITATION FOR BIDS" MEANS ANY DOCUMENT, WHETHER
ATTACHED OR INCORPORATED BY REFERENCE, USED FOR SOLICITING
BIDS UNDER § 3-202.

(G)  "REQUEST FOR PROPOSALS" MEANS ANY DOCUMENT,
WHETHER ATTACHED OR INCORPORATED BY REFERENCE, USED FOR
SOLICITING PROPOSALS UNDER §§ 3-203, 3-205, OR 3-206.

(H) "RESPONSIBLE BIDDER OR OFFEROR" MEANS A PERSON WHO
HAS THE CAPABILITY IN ALL RESPECTS TO PERFORM FULLY THE
CONTRACT REQUIREMENTS, AND THE INTEGRITY AND RELIABILITY
WHICH WILL ASSURE GOOD FAITH PERFORMANCE.

(I) "RESPONSIVE BIDDER" MEANS A PERSON WHO HAS
SUBMITTED A BID UNDER § 3-202 WHICH CONFORMS IN ALL MATERIAL
RESPECTS TO THE REQUIREMENTS CONTAINED IN THE SOLICITATION.

(J) "SOURCE SELECTION" MEANS THE PROCESS OF SOLICITING
A BIDDER OR OFFEROR FOR THE AWARDING OF A CONTRACT.

SUBTITLE 2. METHODS OF SOURCE SELECTION

3-201.

(A) EXCEPT AS PROVIDED IN TITLE 9 OR AS OTHERWISE
AUTHORIZED BY LAW, ALL STATE CONTRACTS SHALL BE AWARDED BY:

(1)  COMPETITIVE SEALED BIDDING, UNDER § 3-202;

(2)  COMPETITIVE NEGOTIATION, UNDER § 3-203;

(3)   REVISED BIDS AFTER COMPETITIVE SEALED
BIDDING WHERE ALL BIDS ARE REJECTED, UNDER § 3-204;

(4)  NONCOMPETITIVE NEGOTIATION, UNDER § 3-205;
OR

(5)  SMALL PROCUREMENT PROCEDURE, UNDER § 3-206.