3444

LAWS OF MARYLAND

Ch. 842

(2)  THE REQUEST FOR PROPOSALS SHALL INDICATE THE
RELATIVE IMPORTANCE OF EACH EVALUATION FACTOR, INCLUDING PRICE.

(3)  EVERY REQUEST FOR PROPOSALS SHALL INCLUDE A WORK
STATEMENT THAT SHALL BE USED AS A BASIS FOR THE EVALUATION OF
PROPOSALS.

(4)  (I) AFTER OFFERS ARE OPENED, THE PROCUREMENT
OFFICER SHALL REJECT THOSE WHICH ARE UNACCEPTABLE.

(II) IF MORE THAN 3 OFFERS ARE    RECEIVED, THE

PROCUREMENT OFFICER MAY CONDUCT NEGOTIATIONS    WITH THE 3 BEST

OFFERS RECEIVED BASED ON A PRELIMINARY EVALUATION     IN ACCORDANCE
WITH THE EVALUATION FACTORS.

(5)  (I) NEGOTIATIONS MAY NOT DISCLOSE ANY INFORMATION
DERIVED FROM PROPOSALS SUBMITTED BY COMPETING OFFERORS, EXCEPT
PRICE AND INFORMATION RELATED DIRECTLY TO PRICE.

(II)  IF THE REQUEST FOR PROPOSALS NOTIFIES ALL
OFFERORS, NEGOTIATIONS BY THE PROCUREMENT OFFICER NEED NOT BE
CONDUCTED.

(III)  THE PROCUREMENT OFFICER MAY ESTABLISH A
MAXIMUM FAIR MARKET RENTAL RATE FOR EACH PREMISES OFFERED AND,
AFTER NEGOTIATIONS, MAY REJECT AS UNACCEPTABLE A PROPOSAL THAT
EXCEEDS THE MAXIMUM FAIR MARKET RATE.

(IV)  AFTER BEST AND FINAL OFFERS ARE RECEIVED,
FURTHER NEGOTIATION WITH THE SUCCESSFUL OFFEROR IS PERMITTED IN
ORDER FOR THE STATE TO OBTAIN THE BEST PRICE, CONDITIONS, AND
SERVICES. ANY MODIFICATION OF A SUCCESSFUL OFFER MUST BE IN THE
BEST INTERESTS OF THE STATE.

(V) AT ANY TIME BEFORE AWARD, THE PROCUREMENT
OFFICER MAY CONSIDER ADDITIONAL OFFERS.

(VI) (V) IF NEGOTIATIONS AND BEST AND FINAL
OFFERS FAIL TO PRODUCE REAL PROPERTY LEASE TERMS COMPARABLE TO
MARKET RENTAL RATES IN THE BOUNDARIES IN WHICH A REAL PROPERTY
LEASE IS TO BE OBTAINED, AND IF THE FINAL OFFEROR DID NOT ACCEPT
A LEASE WITH TERMS COMPARABLE TO THE MARKET RENTAL RATES, THE
PROCUREMENT OFFICER MAY, BY DIRECT SOLICITATION, ACQUIRE
ADDITIONAL OFFERS WITHOUT REPUBLICATION OF NOTICE.

(VII)(VI) WHEN IT IS DETERMINED TO BE IN THE
BEST INTERESTS OF THE STATE THE THE PROCUREMENT OFFICER MAY
NEGOTIATE RENEWALS OF EXISTING LEASES WITHOUT SOLICITATION OF
OTHER OFFERS.

(VIII) (VII) 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