3354

LAWS OF MARYLAND

Ch. 840

[13-401.] 11-118. DETERMINATION OF RESPONSIBILITY AND
RESPONSIVENESS.

(a) [Prior to an award, the procurement officer shall
determine that a bidder or offeror is responsible and
responsive.] IF A PROCUREMENT OFFICER DETERMINES THAT A BIDDER OR
OFFEROR IS NOT RESPONSIBLE, THE DETERMINATION SHALL BE MADE A
PART OF THE PROCUREMENT FILE. The unreasonable failure of a
bidder or offeror to supply information promptly in connection
with a determination under this [subsection] SECTION is grounds
for a determination that the bidder or offeror is not responsible
[or responsive].

[(b) Confidential, proprietary information, and trade
secrets furnished by a bidder or offeror under this section may
be disclosed to another agency only if there is a demonstrated
need for the information and may not be disclosed outside of
State government except as provided by the Public Information Act
or other applicable laws of this State.]

(B) IF A PROCUREMENT OFFICER DETERMINES THAT A BID IS
NONRESPONSIVE, THE DETERMINATION SHALL BE MADE A PART OF THE
PROCUREMENT FILE.

[13-402.] 11-119. PREQUALIFICATION.

(a)   [The Department] A DEPARTMENT may adopt regulations
[which] THAT provide for prequalification of persons as
prospective responsible bidders and offerors for particular types
of supplies, services, [and] construction, CONSTRUCTION RELATED
SERVICES, ARCHITECTURAL SERVICES, OR ENGINEERING SERVICES.
Solicitation registers of potential contractors [of supplies,
services, and construction] shall include [but not be limited to]
all prequalified persons.

(b)  If prequalification is used, prequalification does not
prevent:

(1)   [A] A determination between the time of the bid
opening or receipt of [offers] PROPOSALS and the making of an
award, that a prequalified person is not responsible;

(2)   [A] A determination that a person who is not
prequalified at the time of bid opening or receipt of [offers]
PROPOSALS is responsible; or

(3)   [A] A person who is not prequalified from
submitting a bid or [offer] PROPOSAL.

[13-403.

(a) Each contractor shall submit cost or price information
and shall certify that, to the best of his knowledge, the
information submitted is accurate, complete, and current as of a