3342

LAWS OF MARYLAND

Ch. 840

[13-201.] 11-109. METHODS OF AWARDING CONTRACTS.

(a)  Except as provided in [Title 19] PARTS XIV AND XV OF
THIS SUBTITLE, [or as otherwise authorized by law, all State
contracts shall be awarded by] A PROCUREMENT AGENCY SHALL AWARD
EVERY CONTRACT BY ONE OF THE FOLLOWING METHODS:

(1)   [Competitive] COMPETITIVE sealed bidding, under §
[13-202] 11-110 OF THIS SUBTITLE;

(2)   [Competitive negotiation] COMPETITIVE SEALED
PROPOSALS, under § [13-203] 11-111 OF THIS SUBTITLE;

(3)   [Revised bids after competitive sealed bidding
where all bids are rejected] SOLE SOURCE PROCUREMENT, under §
[13-204] 11-112 OF THIS SUBTITLE;

(4)   [Noncompetitive negotiation] EMERGENCY OR
EXPEDITED PROCUREMENT, under § [13-205] 11-113 OF THIS SUBTITLE;

(5)   [Small] SMALL procurement [procedure], under §
[13-206] 11-114 OF THIS SUBTITLE; or

(6)   [Noncompetitive] NONCOMPETITIVE negotiated
procurement, under § [13-207] 11-115 OF THIS SUBTITLE.

(b)  (1) Except as provided in paragraph (2) of this
subsection, 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] A PROCUREMENT AGENCY
PREFERABLY SHALL AWARD EACH CONTRACT BY THE COMPETITIVE SEALED
BIDDING METHOD.

(2) In awarding contracts for the procurement of
human, social, cultural, or educational services, the preferred
method of award is by competitive [negotiation] SEALED PROPOSALS.

(C) (1) SPECIFICATIONS SHALL BE DRAFTED TO ENCOURAGE THE
MAXIMUM PRACTICABLE COMPETITION WITHOUT MODIFYING THE STATE'S
REQUIREMENTS.

(2) SPECIFICATIONS MAY NOT BE DRAFTED TO FAVOR A
SINGLE PROSPECTIVE BIDDER OR OFFEROR OVER OTHER PROSPECTIVE
BIDDERS OR OFFERORS.

[13-202.] 11-110. COMPETITIVE SEALED BIDDING.

(a) [Contracts over the amount provided by § 13-206 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