HARRY HUGHES, Governor

3349

(1)  If negotiations about changing the specifications
or quantities are held with any bidder, all other bidders shall
be allowed to take part in the negotiation;

(2)  An invitation for revised bids based on revised
specifications or quantities shall be issued as promptly as
possible, shall provide for a prompt response to the revised
requirements, and an award shall be made upon the basis of the
lowest bid price or lowest evaluated bid price submitted by any
responsive and responsible bidder. Negotiations may not be
conducted with bidders after revised bids have been submitted
unless the procurement officer determines that there is a
compelling reason. If the award is to be made without
competitive -negotiations, the invitation for revised bids shall
so state.

(c) If, after competitive sealed bidding, it is determined
that there is only one responsive and responsible bidder, a
noncompetitive negotiated award may be made with that bidder
under § 13-205.]

11-112. SOLE SOURCE PROCUREMENT.

(A)  IF THE PROCUREMENT OFFICER DETERMINES THAT A
COMPETITIVE METHOD CANNOT BE USED TO AWARD A CONTRACT BECAUSE
THERE IS ONLY ONE AVAILABLE SOURCE FOR THE SUBJECT OF THE
CONTRACT, THE PROCUREMENT OFFICER, AFTER OBTAINING THE APPROVAL
OF THE PROCUREMENT AGENCY HEAD AND ALL OTHER APPROVALS REQUIRED
BY LAW OR REGULATION, MAY AWARD A CONTRACT WITHOUT COMPETITION TO
THE SOLE SOURCE. NOTICE OF ANY AWARD UNDER THIS SECTION SHALL BE
PUBLISHED IN THE MARYLAND REGISTER.

(B)  (1) WITH THE PRIOR WRITTEN APPROVAL OF THE ATTORNEY
GENERAL, A PROCUREMENT AGENCY MAY ENTER INTO A SOLE SOURCE
CONTRACT TO RETAIN THE SERVICES OF A CONTRACTOR IN CONNECTION
WITH:

(I)  THREATENED OR PENDING LITIGATION;

(II)  APPRAISAL OF REAL PROPERTY CONTEMPLATED
FOR ACQUISITION BY THE STATE; OR

(III)  COLLECTIVE BARGAINING.

(2)  THIS SUBSECTION APPLIES ONLY TO PROCUREMENTS IN
WHICH:

(I)  THE CONTRACTOR IS BEING RETAINED TO
REPRESENT THE STATE; AND

(II)  THE NATURE OF THE SERVICES TO BE PERFORMED
REQUIRES CONFIDENTIALITY.

(3)  THIS SUBSECTION DOES NOT APPLY IF THE PROCUREMENT
AGENCY CAN REASONABLY ANTICIPATE A CONTINUING NEED FOR A