3358

LAWS OF MARYLAND

Ch. 840

(3)  AS TO A CONTRACT FOR SUPPLIES, SERVICES, OR
CONSTRUCTION RELATED SERVICES, THE PROCUREMENT OFFICER MAY
REQUIRE BID SECURITY IN ANY AMOUNT. FOR BIDS OR PROPOSALS STATING
A RATE BUT NOT A TOTAL PRICE, THE PROCUREMENT OFFICER SHALL
DETERMINE THE DOLLAR AMOUNT OF THE BID SECURITY.

(4)  (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH, IF THE SOLICITATION REQUIRES THAT BID SECURITY BE
PROVIDED, A BID OR OFFER NOT ACCOMPANIED BY PROPER SECURITY SHALL
BE REJECTED.

(II) THE PROCUREMENT OFFICER MAY ACCEPT THE BID
OR OFFER IF HE DETERMINES THAT THE DEFICIENCY IN THE AMOUNT OF
THE SECURITY PROVIDED IS INSUBSTANTIAL AND ACCEPTANCE IS IN THE
BEST INTERESTS OF THE STATE, AND THAT:

1.  ONLY ONE BID OR PROPOSAL WAS RECEIVED,
AND THERE IS INSUFFICIENT TIME TO REBID THE CONTRACT;

2.  THE BID SECURITY BECAME INADEQUATE AS
A RESULT OF THE CORRECTION OF A MISTAKE IN THE BID OR PROPOSAL,
OR AS A RESULT OF A MODIFICATION IN THE BID OR PROPOSAL IN
ACCORDANCE WITH APPLICABLE REGULATIONS, AND THE BIDDER OR OFFEROR
INCREASED THE AMOUNT OF BID SECURITY TO REQUIRED LIMITS WITHIN 48
HOURS AFTER THE CORRECTION OR MODIFICATION; OR

3.  AFTER CONSIDERATION OF THE RISKS
INVOLVED AND THE DIFFERENCE BETWEEN THE LOWEST BID AND THE NEXT
LOWEST BID, FISCAL ADVANTAGE COULD REASONABLY BE EXPECTED TO
ACCRUE TO THE STATE FROM ACCEPTANCE OF THE LOWEST BID.

(5)  IF A BIDDER OR OFFEROR IS PERMITTED TO WITHDRAW A
BID OR PROPOSAL BEFORE AWARD BECAUSE OF A MISTAKE IN THE BID OR
PROPOSAL, ACTION MAY NOT BE TAKEN AGAINST THE BID SECURITY.
OTHERWISE, ACTION MAY BE TAKEN AGAINST THE BID SECURITY OF A
BIDDER OR OFFEROR THAT WITHDRAWS A BID OR OFFER.

(C)  A CONSTRUCTION CONTRACT THE PRICE OF WHICH EXCEEDS
$50,000 SHALL INCLUDE PERFORMANCE AND PAYMENT BONDS, AS REQUIRED
BY TITLE 12, SUBTITLE 2 OF THIS ARTICLE.

(D)  IF CIRCUMSTANCES WARRANT, THE PROCUREMENT OFFICER MAY
REQUIRE A PERFORMANCE BOND OR OTHER SECURITY FOR ANY CONTRACT FOR
SUPPLIES, SERVICES, OR CONSTRUCTION RELATED SERVICES, THE PRICE
OF WHICH EXCEEDS $50,000.

[Subtitle 6. Management of Construction Contracting]
PART VII. CONTRACT CLAUSES.

[13-601.

The Department shall promulgate regulations providing for
alternative methods of management of construction contracting,
setting standards for determining the method of management to be
used for a particular project and requiring the procurement