HARRY HUGHES, Governor                             2671

ECONOMICALLY DISADVANTAGEOUS TO THIS STATE. PROCUREMENTS
MAY NOT BE ARTIFICIALLY DIVIDED SO AS TO CONSTITUTE A SMALL
PROCUREMENT UNDER THIS SECTION. AT LEAST EVERY 3 YEARS, THE
GOVERNOR SHALL REVIEW THE PREVAILING COSTS OF LABOR AND
MATERIALS AND RECOMMEND TO THE LEGISLATURE BASED ON
APPROPRIATE CHANGES IN PREVAILING COSTS OF LABOR AND
MATERIALS APPROPRIATE ADJUSTMENTS IN THE CEILING OF SMALL
PROCUREMENTS.

SUBTITLE 3. CANCELLATION AND REJECTION OF INVITATIONS
FOR BIDS OR REQUESTS FOR PROPOSALS

3-301.

IF THE PROCUREMENT OFFICER, WITH THE APPROVAL OF THE
AGENCY HEAD OR HIS DESIGNEE, DETERMINES THAT IT IS FISCALLY
ADVANTAGEOUS OR IS OTHERWISE IN THE BEST INTEREST OF THE
STATE, AN INVITATION FOR BIDS, A REQUEST FOR PROPOSALS, OR
OTHER SOLICITATION MAY BE CANCELLED, OR ALL BIDS OR
PROPOSALS MAY BE REJECTED.

SUBTITLE 4. QUALIFICATIONS AND DUTIES

3-401.

(A)  PRIOR TO AN AWARD, THE PROCUREMENT OFFICER SHALL
DETERMINE THAT A BIDDER OR OFFEROR IS RESPONSIBLE AND
RESPONSIVE. THE UNREASONABLE FAILURE OF A BIDDER OR OFFEROR
TO SUPPLY INFORMATION PROMPTLY IN CONNECTION WITH A
DETERMINATION UNDER THIS SUBSECTION IS GROUNDS FOR A
DETERMINATION THAT THE BIDDER OR OFFEROR IS NOT RESPONSIBLE
OR RESPONSIVE.

(B)  CONFIDENTIAL, PROPRIETARY INFORMATION, AND TRADE
SECRETS FURNISHED BY A BIDDER OR OFFEROR UNDER THIS SECTION
MAY BE DISCLOSED TO ANOTHER AGENCY ONLY IF THERE IS A
DEMONSTRATED NEED FOR THE INFORMATION AND MAY NOT BE
DISCLOSED OUTSIDE OF STATE GOVERNMENT EXCEPT AS PROVIDED BY
THE PUBLIC INFORMATION ACT OR OTHER APPLICABLE LAWS OF THIS
STATE.

3-402.

(A) THE DEPARTMENT SHALL ADOPT REGULATIONS WHICH
PROVIDE FOR PREQUALIFICATION OF PERSONS AS PROSPECTIVE
RESPONSIBLE BIDDERS AND OFFERORS FOR PARTICULAR TYPES OF
SUPPLIES, SERVICES, AND CONSTRUCTION. SOLICITATION
REGISTERS OF POTENTIAL CONTRACTORS OF SUPPLIES, SERVICES,
AND CONSTRUCTION SHALL INCLUDE BUT NOT BE LIMITED TO ALL
PREQUALIFIED PERSONS. PREQUALIFICATION DOES NOT PREVENT A
DETERMINATION:

(1)  BETWEEN THE TIME OF THE BID OPENING OR
RECEIPT OF OFFERS AND THE MAKING OF AN AWARD, THAT A
PREQUALIFIED PERSON IS NOT RESPONSIBLE; OR

(2)  THAT A PERSON WHO IS NOT PREQUALIFIED AT THE
TIME OF BID OPENING OR RECEIPT OF OFFERS IS RESPONSIBLE.