HARRY HUGHES, Governor

3345

[(d)] (3) Bids shall be opened publicly at the time and
place designated in the invitation for bids.

[(e)] (4) The name of [the bidders] EACH BIDDER and the
amount of [the bids] EACH BID 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)] (5) [The] AFTER ALL APPROVALS REQUIRED BY LAW OR
REGULATION HAVE BEEN OBTAINED, THE contract shall be awarded to
the responsive and responsible bidder [whose bid is either] THAT
SUBMITS the lowest bid price or, IF PROVIDED IN THE INVITATION
FOR BIDS, THE lowest evaluated bid price [after all approvals
required by regulation have been obtained].

[(h)] (6) After bid opening, BIDS ARE IRREVOCABLE FOR THE
PERIOD SPECIFIED IN THE INVITATION FOR BIDS, EXCEPT THAT
correction or withdrawal of bids may be allowed [only]:

[(1)] (I) if permitted by the regulations [of the
department, and (2)] ADOPTED UNDER THIS SUBTITLE DIVISION II; AND

(II) upon THE written approval [by the Office
of the Attorney General] OF THE STATE LAW DEPARTMENT.

(C) (1) IF, AFTER BIDS HAVE BEEN OPENED, ALL BIDS ARE
REJECTED PURSUANT TO § 11-116, A NEGOTIATED AWARD MAY BE MADE
UNDER THIS SUBSECTION.

(2)  IF, AFTER COMPETITIVE SEALED BIDDING, IT IS
DETERMINED THAT THERE IS ONLY 1 RESPONSIVE AND RESPONSIBLE
BIDDER, A NONCOMPETITIVE NEGOTIATED AWARD MAY BE MADE TO THAT
BIDDER UNDER § 11-112 OF THIS SUBTITLE.

(3)  AN AWARD ON THE BASIS OF REVISED BIDS MAY BE MADE
UNDER THIS SUBSECTION IF ALL BID PRICES EXCEED THE FUNDS
AVAILABLE FOR THE PROCUREMENT OR IF THE PROCUREMENT OFFICER, WITH
THE APPROVAL OF THE AGENCY HEAD OR THE DESIGNEE OF THE AGENCY
HEAD, DETERMINES THAT ALL BIDS ARE UNREASONABLE AS TO 1 OR MORE
OF THE REQUIREMENTS AND:

(I)  THERE ARE NO FUNDS AVAILABLE TO PERMIT
AWARD TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER; OR

(II)  ANY DELAY RESULTING FROM A RESOLICITATION
UNDER REVISED SPECIFICATIONS OR QUANTITIES WOULD BE FISCALLY
DISADVANTAGEOUS OR OTHERWISE NOT IN THE STATE'S BEST INTEREST.

(4)  (I) IF THERE IS MORE THAN 1 BIDDER, ANY
DISCUSSIONS CONCERNING REVISED SPECIFICATIONS OR QUANTITIES SHALL
BE CONDUCTED WITH ALL RESPONSIVE AND RESPONSIBLE BIDDERS.