3346

LAWS OF MARYLAND

Ch. 840

(II) BIDDERS SHALL BE ACCORDED FAIR AND EQUAL
TREATMENT WITH RESPECT TO ANY DISCUSSIONS.

(5)  (I) AN INVITATION FOR REVISED BIDS BASED ON
REVISED SPECIFICATIONS OR QUANTITIES SHALL BE ISSUED AS PROMPTLY
AS POSSIBLE AND SHALL REQUIRE A PROMPT RESPONSE TO THE REVISED
REQUIREMENTS.

(II) THE NOTICE PROVISIONS OF SUBSECTION (B)(2)
OF THIS SECTION DO NOT APPLY TO AN INVITATION FOR REVISED BIDS
BASED ON REVISED SPECIFICATIONS OR QUANTITIES.

(6)  (I) NEGOTIATIONS MAY NOT BE CONDUCTED WITH
BIDDERS AFTER REVISED BIDS HAVE BEEN SUBMITTED UNLESS THE
PROCUREMENT OFFICER DETERMINES THAT THERE IS A COMPELLING REASON
TO DO SO.

(II) IF THE AWARD IS TO BE MADE WITHOUT
COMPETITIVE NEGOTIATIONS, THE INVITATION FOR REVISED BIDS SHALL
SO STATE.

(7)  THE CONTRACT SHALL BE AWARDED ON THE BASIS OF THE
LOWEST BID PRICE OR LOWEST EVALUATED BID PRICE SUBMITTED BY ANY
RESPONSIVE AND RESPONSIBLE BIDDER.

(D) IF A CONTRACT SPECIFIED IN § 11-103(A)(2) IS AWARDED
UNDER THIS SECTION, ANY REFERENCE IN THIS SECTION TO "LOWEST BID
PRICE" OR "LOWEST EVALUATED BID PRICE" SHALL BE DEEMED TO MEAN
THE BID MOST FAVORABLE TO THE STATE.

[13-203.] 11-111. COMPETITIVE SEALED PROPOSALS.

(a) [If the procurement officer determines, in accordance
with the provisions of § 13-202 of this article, that competitive
sealed bidding cannot be used but that there is more than one
available source for the subject of the contract, the procurement
officer may, with the approval of the agency head or his
designee, award a contract by competitive negotiation.] A
CONTRACT MAY BE AWARDED BY THE COMPETITIVE SEALED PROPOSALS
METHOD UNDER THIS SECTION IF:

(1)  THE PROCUREMENT OFFICER DETERMINES, WITH THE
APPROVAL OF THE PROCUREMENT AGENCY HEAD, THAT SPECIFICATIONS
CANNOT BE PREPARED THAT PERMIT AN AWARD ON THE BASIS OF EITHER
THE LOWEST BID PRICE OR THE LOWEST EVALUATED BID PRICE; OR

(2)  THE PROCUREMENT AGENCY HEAD DETERMINES THAT
COMPETITIVE SEALED BIDDING FOR THE PARTICULAR CONTRACT IS EITHER
NOT PRACTICABLE OR NOT ADVANTAGEOUS TO THE STATE, AND THAT THE
NEED TO USE A METHOD OTHER THAN COMPETITIVE SEALED BIDDING IS SO
COMPELLING AS TO OVERRIDE THE GENERAL PUBLIC POLICY IN FAVOR OF
COMPETITIVE SEALED BIDDING .; OR

(3)  THE CONTRACT IS FOR THE PROCUREMENT OF HUMAN,
SOCIAL, CULTURAL, OR EDUCATIONAL SERVICES.