HARRY HUGHES, Governor

3353

THEREAFTER, THE CONTENTS OF A BID AND OF ANY DOCUMENT SUBMITTED
WITH A BID ARE OPEN TO PUBLIC INSPECTION.

(D)  (1) BEFORE AWARD, THE STATE MAY NOT DISCLOSE THE
IDENTITY OF AN OFFEROR OR THE CONTENTS OF A PROPOSAL TO ANY
PERSON OTHER THAN AN EMPLOYEE OF THE STATE OR OTHER A PERSON
RESPONSIBLE FOR EVALUATING OR REVIEWING THE PROPOSAL.

(2) AFTER AN AWARD, ALL PROPOSALS SHALL BE OPEN TO
PUBLIC INSPECTION SUBJECT TO THE PROCEDURAL PROVISIONS OF TITLE
10, SUBTITLE 6, PART III (ACCESS TO PUBLIC RECORDS) OF THE STATE
GOVERNMENT ARTICLE.

(E)  (1) IF THE RECORDS WOULD NOT BE AVAILABLE BY LAW TO A
PRIVATE PARTY IN LITIGATION WITH AN AGENCY, A PROCUREMENT OFFICER
MAY DENY PUBLIC ACCESS TO THE ADVISORY OR DELIBERATIVE RECORDS OF
ANY EVALUATOR OF A PROPOSAL.

(2) A SUMMARY OF ANY FINAL EVALUATION SHALL BE OPEN
TO PUBLIC INSPECTION UNDER SUBJECT TO THE PROVISIONS OF TITLE 10,
SUBTITLE 6, PART III (ACCESS TO PUBLIC RECORDS) OF THE STATE
GOVERNMENT ARTICLE.

(F) IF A STATE AGENCY DEMONSTRATES IN WRITING A REASONABLE
NEED FOR COMMERCIAL INFORMATION FURNISHED BY A BIDDER OR OFFEROR,
A PROCUREMENT AGENCY MAY DISCLOSE THE COMMERCIAL INFORMATION TO
THE AGENCY.

(G) (F) NOTHING IN SUBSECTIONS (A) THROUGH (E) OF THIS
SECTION SHALL AFFECT THE AUTHORITY OF THE BOARD OF CONTRACT
APPEALS OR A COURT OF COMPETENT JURISDICTION TO:

(1)  DECIDE THAT INFORMATION IS DISCOVERABLE IN AN
ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND

(2)  COMPEL DISCLOSURE.

(H) TITLE 10, SUBTITLE 6, PART III (ACCESS TO PUBLIC
RECORDS) OF THE STATE GOVERNMENT ARTICLE SHALL GOVERN ANY
DISCLOSURE OF INFORMATION THAT IS NOT COVERED BY SUBSECTIONS (A)
THROUGH (E) OF THIS SECTION.

(I) ANY PERSON DENIED ACCESS TO ANY RECORD REQUESTED UNDER
SUBSECTIONS (A) THROUGH (E) OF THIS SECTION MAY PROCEED UNDER THE
JUDICIAL REVIEW AND OTHER REMEDY PROVISIONS OF TITLE 10, SUBTITLE
6, PART III (ACCESS TO PUBLIC RECORDS) OF THE STATE GOVERNMENT
ARTICLE.

(G) TO THE EXTENT NOT COVERED BY THE FOREGOING SUBSECTIONS.
TITLE 10. SUBTITLE 6. PART III (ACCESS TO PUBLIC RECORDS) SHALL
GOVERN ANY REQUEST FOR THE DISCLOSURE OF INFORMATION RELATED TO
ANY PROCUREMENT.

[Subtitle 4.] PART V. Qualifications and Duties.