3348

LAWS OF MARYLAND

Ch. 840

TO BE REASONABLY SUSCEPTIBLE OF BEING SELECTED FOR AWARD SHALL BE
OFFERED THE OPPORTUNITY TO PARTICIPATE IN THE PROCESS.

(3)  ALL SUCH OFFERORS SHALL BE ACCORDED FAIR AND
EQUAL TREATMENT WITH RESPECT TO ANY DISCUSSIONS.

(4)  THE PROCUREMENT AGENCY MAY NOT DISCLOSE TO A
COMPETING OFFEROR ANY INFORMATION DERIVED FROM A PROPOSAL OF, OR
FROM DISCUSSIONS WITH, ANOTHER COMPETING OFFEROR.

(5)  IF DISCUSSIONS INDICATE THAT IT WOULD BE IN THE
STATE'S BEST INTEREST, THE PROCUREMENT AGENCY MAY PERMIT ALL
RESPONSIBLE OFFERORS THAT SUBMITTED INITIAL PROPOSALS JUDGED BY
THE PROCUREMENT OFFICER TO BE REASONABLY SUSCEPTIBLE OF BEING
SELECTED FOR AWARD TO REVISE THEIR INITIAL PROPOSALS BY
SUBMITTING BEST AND FINAL OFFERS.

(6)  THE PROCUREMENT AGENCY MAY CONDUCT MORE THAN ONE
SERIES OF DISCUSSIONS AND REQUESTS FOR BEST AND FINAL OFFERS.

[(f)] (E) After all approvals required by law or
[regulations] REGULATION have been obtained, the [award of the]
contract shall be [made] AWARDED to the responsible offeror whose
proposal OR BEST AND FINAL OFFER is determined to be the most
advantageous to the State, considering price and the OTHER
evaluation factors set forth in the request for proposals.

(F) PROPOSALS AND BEST AND FINAL OFFERS ARE IRREVOCABLE FOR
THE PERIOD SPECIFIED IN THE REQUEST FOR PROPOSALS OR ANY REQUEST
FOR BEST AND FINAL OFFERS, EXCEPT THAT THE PROPOSAL MAY BE
WITHDRAWN OR CORRECTED AS PROVIDED IN § 11-110(B)(6) OF THIS
SUBTITLE.

[13-204.

(a)  A negotiated award may be made under this section if
all bids submitted under § 13-202 of this article result in bid
prices in excess of the funds available for the purchase or if
the procurement officer, with the approval of the agency head or
his designee, determines that all prices received are
unreasonable as to one or more of the requirements and:

(1)  That there are no additional funds available to
permit an award to the lowest responsive and responsible bidder;
or

(2)  That any delay resulting from a resolicitation
under revised specifications or quantities under competitive
sealed bidding as provided in § 13-202, would be fiscally
disadvantageous or would otherwise not be in the best interest of
this State.

(b)  If there is more than one bidder, negotiations shall be
conducted with all responsive and responsible bidders. These
negotiations shall be conducted under the following restrictions: