HARRY HUGHES, Governor

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(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
SECTION, IN SELECTING ONE OF THE METHODS AUTHORIZED BY
SUBSECTION (A) FOR THE AWARDING OF CONTRACTS, IT IS THE
PUBLIC POLICY OF THIS STATE THAT COMPETITIVE SEALED BIDDING
SHALL BE THE PREFERRED METHOD FOR AWARDING CONTRACTS.

(C) STATE, CONTRACTS FOR TELECOMMUNICATION SUPPLIES
AND SERVICES MAY BE AWARDED BY ANY METHOD AUTHORIZED IN
SUBSECTION (A) EXCEPT COMPETITIVE SEALED BIDDING WHENEVER
THE PROCUREMENT OFFICER DETERMINES THAT ONE OR MORE OF THE
BIDDERS OR OFFERORS WILL BE A PUBLIC SERVICE COMPANY WHICH
IS REGULATED PURSUANT TO ARTICLE 78.

3-202.

(A)  CONTRACTS OVER THE AMOUNT PROVIDED BY § 3-206
SHALL BE AWARDED BY COMPETITIVE SEALED BIDDING UNLESS THE
PROCUREMENT OFFICER, WITH THE APPROVAL OF THE AGENCY HEAD,
DETERMINES THAT:

(1)  SPECIFICATIONS CANNOT BE PREPARED THAT
PERMIT AN AWARD ON THE BASIS OF EITHER THE LOWEST BID PRICE
OR THE LOWEST EVALUATED BID PRICE; OR

(2)  THE PRICE OF ANY SERVICE OR SUPPLY REQUIRED
IN THE SPECIFICATIONS IS REGULATED BY THE PUBLIC SERVICE
COMMISSION PURSUANT TO ARTICLE 78; OR

(2) (3) THERE IS ONLY ONE AVAILABLE SOURCE; OR

(3) (4) THERE IS AN UNANTICIPATED EMERGENCY
WHICH LEAVES INSUFFICIENT TIME TO USE THIS METHOD; OR

(4) (5) THERE IS SOME OTHER REASON IN THE PUBLIC
INTEREST TO USE ONE OF THE OTHER AUTHORIZED METHODS WHICH IS
SO COMPELLING AS TO OVERRIDE THE GENERAL PUBLIC POLICY IN
FAVOR OF COMPETITIVE SEALED BIDS.

(B)  THE INVITATION FOR BIDS SHALL STATE WHETHER AWARD
WILL BE MADE ON THE BASIS OF THE LOWEST BID PRICE OR THE
LOWEST EVALUATED BID PRICE, WHICHEVER IS APPLICABLE. IF THE
LATTER BASIS IS USED, THE OBJECTIVE MEASURABLE CRITERIA TO
BE USED SHALL BE SET FORTH IN THE INVITATION FOR BIDS.

(C) (1) PUBLIC NOTICE OF THE INVITATION FOR BIDS SHALL
BE GIVEN PRIOR TO THE DATE FOR THE OPENING OF BIDS. THIS
NOTICE SHALL BE REASONABLE IN TERMS OF THE NATURE OF THE
PROCUREMENT BUT MAY NOT BE LESS THAN 10 DAYS PRIOR TO THE
DATE FOR THE OPENING OF BIDS.

(2)  NOTICES OF INVITATIONS FOR BIDS ON STATE
CONTRACTS FOR WHICH THE BID AMOUNT IS REASONABLY EXPECTED TO
BE OVER $25,000 AND NOTICES OF THE SUBSEQUENT AWARDS OF
THOSE PROJECTS SHALL BE PUBLISHED IN THE MARYLAND REGISTER.

(3)  A NOTICE OF INVITATION FOR BIDS REQUIRED
UNDER PARAGRAPH (2) SHALL BE PUBLISHED AT LEAST 30 DAYS