HARRY HUGHES, Governor

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(2)  The price of any service or supply required in
the specifications is regulated by the Public Service Commission
pursuant to Article 78; or

(3)  There is only one available source; or

(4)  There is an unanticipated emergency which leaves
insufficient time to use this method; or

(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.] THE PROVISIONS OF THIS SECTION RELATING TO
COMPETITIVE SEALED BIDDING SHALL APPLY TO ALL PROCUREMENTS
UNLESS ANOTHER METHOD OF SOURCE SELECTION IS SPECIFICALLY
AUTHORIZED BY THIS SUBTITLE.

(b) (1) (I) [The invitation for bids] BIDS SHALL BE
SOLICITED SOUGHT BY AN INVITATION FOR BIDS, WHICH shall state
whether THE award will be made on the basis of the lowest bid
price or the lowest evaluated bid price[, whichever is
applicable].

(II)  If the [latter basis] LOWEST EVALUATED BID
PRICE is used, [the] objective measurable criteria [to be used]
TO DETERMINE THE LOWEST EVALUATED BID PRICE shall be set forth in
the invitation for bids.

(III) 1. WHEN IT IS CONSIDERED DETERMINED
IMPRACTICABLE TO INITIALLY PREPARE SPECIFICATIONS TO SUPPORT AN
AWARD BASED ON PRICE, AN INVITATION FOR BIDS MAY BE ISSUED
REQUESTING THE SUBMISSION OF UNPRICED TECHNICAL OFFERS, OR
SAMPLES, OR BOTH AND BIDDERS WHOSE TECHNICAL SUBMISSIONS HAVE
BEEN FOUND TO BE ACCEPTABLE UNDER THE CRITERIA SET FORTH IN THE
INVITATION FOR BIDS SHALL THEN HAVE THEIR PRICES CONSIDERED.

2.  PRICE BIDS MAY BE SUBMITTED, AT THE
PROCUREMENT AGENCY'S OPTION, BY ALL BIDDERS AT THE SAME TIME AS
THE TECHNICAL SUBMISSIONS OR, AFTER TECHNICAL SUBMISSIONS HAVE
BEEN EVALUATED, BY ONLY BIDDERS WHO MADE ACCEPTABLE TECHNICAL
SUBMISSIONS.

3.  PRICE INFORMATION MAY NOT BE OPENED
UNTIL THE TECHNICAL EVALUATION IS COMPLETE.

4.  THE PRICE BIDS OF BIDDERS WHOSE
TECHNICAL SUBMISSIONS WERE FOUND UNACCEPTABLE MAY NOT BE OPENED
AND SHALL BE RETURNED TO THE BIDDERS.

[(c) (1)] (2) (I) Public notice of the invitation
for bids shall be given [prior to the date for the] BEFORE BID
opening [of bids].

(II) [This notice] PUBLIC NOTICE OF THE
INVITATION FOR BIDS shall be reasonable in terms of the nature of