HARRY HUGHES, Governor

3347

[(b) Adequate public notice of the intended procurement
shall be given as provided in § 13-202(c).

(c)  The request for proposals shall indicate the relative
importance of each evaluation factor, including price.

(d)  Every request for proposal shall include a work
statement which shall be used as a basis for the evaluation of
proposals. ]

(B)  IF THE COMPETITIVE SEALED PROPOSALS METHOD IS
AUTHORIZED BY SUBSECTION (A), PROPOSALS SHALL BE SOLICITED BY A
REQUEST FOR PROPOSALS WHICH SHALL, AT A MINIMUM, INCLUDE:

(1)  A STATEMENT OF THE SCOPE OF THE CONTRACT; AND

(2)  A LIST OF THE FACTORS AND THE RELATIVE IMPORTANCE
OF EACH FACTOR, INCLUDING PRICE, THAT WILL BE USED IN EVALUATING
PROPOSALS.

(C)  PUBLIC NOTICE OF THE REQUEST FOR PROPOSALS AND OF THE
SUBSEQUENT AWARD SHALL BE GIVEN IN THE SAME MANNER AS IS REQUIRED
FOR COMPETITIVE SEALED BIDDING UNDER § 11-110(B)(2) OF THIS
SUBTITLE.

[(e) Any written or oral negotiations shall be conducted
with all responsible offerors. These negotiations may not
disclose any information derived from proposals submitted by
competing offerors. If the request for proposals so notifies all
offerors, negotiations by the procurement officer need not be
conducted:

(1)  With respect to prices that are fixed by law or
regulation, except that consideration shall be given to
competitive terms and conditions; or

(2)  If time of delivery or performance will not
permit negotiations; or

(3)  If it can be demonstrated clearly from the
existence of adequate competition or accurate prior cost
experience with the particular supply, service, or construction
item, that acceptance of an initial offer without negotiation
would result in a fair and reasonable price.]

(D)  (1) AFTER PROPOSALS ARE RECEIVED AND BEFORE AWARD, THE
PROCUREMENT AGENCY MAY CONDUCT DISCUSSIONS, AS PROVIDED UNDER
THIS SUBSECTION AND IN ACCORDANCE WITH REGULATIONS ADOPTED UNDER
THIS SUBTITLE, FOR THE PURPOSE OF ASSURING FULL UNDERSTANDING OF
THE STATE'S REQUIREMENTS, AS DESCRIBED IN THE REQUEST FOR
PROPOSALS, AND OF THE OFFERORS' PROPOSALS, AND TO OBTAIN THE BEST
PRICE FOR THE STATE.

(2) IF DISCUSSIONS ARE CONDUCTED, ALL RESPONSIBLE
OFFERORS THAT SUBMIT PROPOSALS JUDGED BY THE PROCUREMENT OFFICER