2670

LAWS OF MARYLAND

Ch. 775

NOT BE IN THE BEST INTEREST OF THIS STATE.

(B)  IF THERE IS MORE THAN ONE BIDDER, NEGOTIATIONS
SHALL BE CONDUCTED WITH ALL RESPONSIVE AND RESPONSIBLE
BIDDERS. THESE NEGOTIATIONS SHALL BE CONDUCTED UNDER THE
FOLLOWING RESTRICTIONS:

(1)  IF NEGOTIATIONS ABOUT CHANGING THE
SPECIFICATIONS    OR QUANTITIES ARE  HELD WITH ANY BIDDER,   ALL
OTHER BIDDERS    SHALL BE ALLOWED TO TAKE PART IN THE
NEGOTIATION;

(2)  AN INVITATION FOR REVISED BIDS BASED ON
REVISED SPECIFICATIONS OR QUANTITIES SHALL BE ISSUED AS
PROMPTLY AS POSSIBLE, SHALL PROVIDE FOR A PROMPT RESPONSE TO
THE REVISED REQUIREMENTS, AND AN AWARD SHALL BE MADE UPON
THE BASIS OF THE LOWEST BID PRICE OR LOWEST EVALUATED BID
PRICE SUBMITTED BY ANY RESPONSIVE AND RESPONSIBLE BIDDER
NEGOTIATIONS MAY NOT BE CONDUCTED WITH BIDDERS AFTER REVISED
BIDS HAVE BEEN SUBMITTED UNLESS THE PROCUREMENT OFFICER
DETERMINES THAT THERE IS A COMPELLING REASON. IF THE AWARD
IS TO BE MADE WITHOUT COMPETITIVE NEGOTIATIONS, THE
INVITATION FOR REVISED BID SHALL SO STATE.

(C)  IF, AFTER COMPETITIVE SEALED BIDDING, IT IS
DETERMINED THAT THERE IS ONLY ONE RESPONSIVE AND
RESPONSIBLE BIDDER, A NONCOMPETITIVE NEGOTIATED AWARD MAY BE
MADE WITH THAT BIDDER UNDER SECTION 3-205.

3-205.

(A)  IF IT IS DETERMINED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 3-202 OF THIS ARTICLE THAT COMPETITIVE
SEALED BIDDING CANNOT BE USED IN AWARDING A CONTRACT BECAUSE
THERE IS ONLY ONE AVAILABLE SOURCE FOR THE SUBJECT OF THE
CONTRACT, THE PROCUREMENT OFFICER MAY, WITH THE APPROVAL OF
THE AGENCY HEAD, AWARD A STATE PROCUREMENT CONTRACT BY
NONCOMPETITIVE NEGOTIATION.

(B)  IF IT IS DETERMINED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 3-202 OF THIS ARTICLE THAT COMPETITIVE
SEALED BIDDING CANNOT BE USED IN AWARDING A CONTRACT BECAUSE
AN UNANTICIPATED EMERGENCY LEAVES INSUFFICIENT TIME TO USE
THIS METHOD, THE PROCUREMENT OFFICER MAY, WITH THE APPROVAL
OF THE AGENCY HEAD OR HIS DESIGNEE, AWARD A STATE
PROCUREMENT CONTRACT BY NONCOMPETITIVE NEGOTIATION. THE
USING AGENCY SHALL SUBSEQUENTLY SUBMIT TO THE BOARD A REPORT
IN WRITING JUSTIFYING THE NEED FOR THIS EMERGENCY
PROCUREMENT.

3-206.

PROCUREMENTS OF NOT MORE THAN $5,000 $7,500 MAY BE MADE
UNDER SMALL PROCUREMENT PROCEDURES ADOPTED BY A DEPARTMENT.
THE PROCEDURES ESTABLISHED BY THE DEPARTMENT SHALL PROVIDE
FOR A SIMPLIFIED ADMINISTRATIVE PROCESS WHICH IS CONSISTENT
WITH THE BASIC INTENT OF THIS ARTICLE AND WHICH IS NOT