2668

LAWS OF MARYLAND

Ch. 775

BEFORE THE BID OPENING DATE. PUBLICATION OF THE NOTICE
REQUIRED BY PARAGRAPH (2) WHICH IS LESS THAN 30 DAYS BEFORE
THE BID OPENING DATE SHALL BE DEFECTIVE NOTICE, UNLESS THE
PROJECT IS EXEMPT FROM COMPETITIVE SEALED BIDDING BY STATE
LAW.

(4)  NOTICES OF AWARDS OF CONTRACTS EXEMPT FROM
THE BID NOTICE PUBLICATION REQUIREMENT OF PARAGRAPH (3)
SHALL BE PUBLISHED IN THE MARYLAND REGISTER.

(5)  IN THE EVENT OF AN EMERGENCY, THE HEAD OF
THE PROCUREMENT AGENCY MAY WAIVE THE REQUIREMENTS OF THIS
SECTION. THE NECESSITY FOR THE WAIVER SHALL BE DOCUMENTED
AND PUBLISHED IN THE MARYLAND REGISTER.

(6)  NOTICES OF INVITATION FOR BIDS ON OTHER
STATE CONTRACTS AND THEIR SUBSEQUENT AWARDS MAY BE PUBLISHED
IN THE MARYLAND REGISTER AT THE OPTION OF THE STATE
DOCUMENTS ADMINISTRATOR WHEN REQUESTED BY THE PROCUREMENT
AGENCY, AND WHEN PUBLICATION IS CONSIDERED IN THE STATE'S
INTEREST BY THE PROCUREMENT AGENCY AND THE STATE DOCUMENTS
ADMINISTRATOR.

(7)  PUBLIC NOTICE MAY ALSO BE GIVEN BY
PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN THIS
STATE OR IN ANY OTHER PUBLICATION WHICH WILL GIVE ADEQUATE
PUBLIC NOTICE.

(D)  BIDS SHALL BE OPENED PUBLICLY AT THE TIME AND
PLACE DESIGNATED IN THE INVITATION FOR BIDS.

(E)  THE NAME OF THE BIDDERS AND THE AMOUNT OF THE BIDS
SHALL BE ANNOUNCED, RECORDED, AND POSTED.

(F)  THE RECORD OF THE BID, AND THE BID DOCUMENTS,
SHALL BE OPEN TO PUBLIC INSPECTION AT THE TIME OF OPENING,
AND THE BID AND BID FILES SHALL THEREAFTER BE OPEN TO PUBLIC
INSPECTION ONLY AS PROVIDED BY THE PUBLIC INFORMATION ACT.

(G)  THE CONTRACT SHALL BE AWARDED TO THE RESPONSIVE
AND RESPONSIBLE BIDDER WHOSE BID IS EITHER THE LOWEST BID
PRICE OR LOWEST EVALUATED BID PRICE AFTER ALL APPROVALS
REQUIRED BY REGULATION HAVE BEEN OBTAINED.

(H) AFTER BID OPENING, CORRECTION OR WITHDRAWAL OF
BIDS MAY BE ALLOWED ONLY (1) IF PERMITTED BY THE REGULATIONS
OF THE DEPARTMENT, AND (2) UPON WRITTEN APPROVAL BY THE
STATE LAW DEPARTMENT.

3-203.

(A) IF THE PROCUREMENT OFFICER DETERMINES, IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 3-202 OF THIS
ARTICLE, THAT COMPETITIVE SEALED BIDDING CANNOT BE USED BUT
THAT THERE IS MORE THAN ONE AVAILABLE SOURCE FOR THE SUBJECT
OF THE CONTRACT, THE PROCUREMENT OFFICER MAY, WITH THE
APPROVAL OF THE AGENCY HEAD OR HIS DESIGNEE, AWARD A
CONTRACT BY COMPETITIVE NEGOTIATION.