HARRY HUGHES, Governor

3443

(A)  EXCEPT FOR REAL PROPERTY LEASES, THIS SUBSECTION
APPLIES TO ALL CONTRACTS TO BE AWARDED BY COMPETITIVE
NEGOTIATION.

[(a)] (1) If the procurement officer determines, in
accordance with the provisions of § 13-202 of this article, that
competitive sealed bidding cannot be used but that there is more
than one available source for the subject of the contract, the
procurement officer may, with the approval of the agency head or
his designee, award a contract by competitive negotiation.

[(b)] (2) Adequate public notice of the intended
procurement shall be given as provided in § 13-202(c).

[(c)] (3) The request for proposals shall indicate the
relative importance of each evaluation factor, including price.

[(d)] (4) Every request for proposal shall include a work
statement which shall be used as a basis for the evaluation of
proposals.

[(e)] (5) Any written or oral negotiations shall be
conducted with all responsible offerors. These negotiations may
not disclose any information derived from proposals submitted by
competing offerors. If the request for proposals so notifies all
offerors, negotiations by the procurement officer need not be
conducted:

[(1)] (I) With respect to prices that are fixed by
law or regulation, except that consideration shall be given to
competitive terms and conditions; or

[(2)] (II) If time of delivery or performance will
not permit negotiations; or

[(3)] (III) If it can be demonstrated clearly from
the existence of adequate competition or accurate prior cost
experience with the particular supply, service, or construction
item, that acceptance of an initial offer without negotiation
would result in a fair and reasonable price.

[(f)] (6) After all approvals required by law or
regulations have been obtained, the award of the contract shall
be made to the responsible offeror whose proposal is determined
to be the most advantageous to the State, considering price and
the evaluation factors set forth in the request for proposals.

(B)  THIS SUBSECTION APPLIES TO THE PROCUREMENT OF REAL
PROPERTY LEASES BY COMPETITIVE NEGOTIATION.

(1) ADEQUATE PUBLIC NOTICE OF THE INTENDED
PROCUREMENT SHALL BE GIVEN AS PROVIDED IN § 13-202(C) OF THIS
ARTICLE.