WILLIAM DONALD SCHAEFER, Governor                     Ch. 48

(1)  WHENEVER PROCUREMENT IS BASED ON COMPETITIVE
SEALED BIDS, A PROCUREMENT OFFICER SHALL SEEK BIDS BY ISSUING AN
INVITATION FOR BIDS.

(2)  SUBJECT TO SUBSECTION (B) OF THIS SECTION, AN
INVITATION FOR BIDS SHALL INCLUDE:

(I)  THE SPECIFICATIONS OF THE PROCUREMENT
CONTRACT;

(II)  WHETHER THE PROCUREMENT CONTRACT WILL BE
AWARDED BASED ON THE LOWEST BID PRICE, THE LOWEST EVALUATED BID
PRICE OR, IF THE PROCUREMENT IS SUBJECT TO § 11-202(3) OF THIS
ARTICLE, THE BID MOST FAVORABLE FINANCIALLY TO THE STATE;

(III)  IF THE PROCUREMENT CONTRACT WILL BE BASED
ON- EVALUATED BID PRICE, THE OBJECTIVE MEASURABLE CRITERIA BY
WHICH THE LOWEST EVALUATED BID PRICE WILL BE DETERMINED; AND

(IV)  THE SMALL BUSINESS PREFERENCE, IF THE
SECRETARY OF GENERAL SERVICES, THE SECRETARY OF TRANSPORTATION,
OR THE PRESIDENT OF THE UNIVERSITY OF MARYLAND HAS SO DESIGNATED,
THE PROCUREMENT CONTRACT FOR A SMALL BUSINESS PREFERENCE.

(B) MULTI-STEP SEALED BIDS.

(1)  WHENEVER A PROCUREMENT OFFICER DETERMINES THAT AN
INITIAL PREPARATION OF SPECIFICATIONS FOR PRICE BIDS IS
IMPRACTICABLE, THE INVITATION FOR BIDS MAY:

(I)  INCLUDE A REQUEST FOR UNPRICED TECHNICAL
OFFERS OR SAMPLES; AND

(II)  DIRECT BIDDERS TO SUBMIT PRICE BIDS:

1.  WITH THE UNPRICED TECHNICAL OFFERS OR
SAMPLES; OR

2.  AFTER THE UNIT EVALUATES THE TECHNICAL
OFFERS OR SAMPLES AND FINDS THAT THEY ARE ACCEPTABLE UNDER THE
CRITERIA SET FORTH IN THE INVITATION FOR BIDS.

(2)  A UNIT SHALL CONSIDER THE PRICES SUBMITTED BY
BIDDERS WHOSE TECHNICAL OFFERS OR SAMPLES HAVE BEEN FOUND
ACCEPTABLE.

(3) (I) PRICE BIDS MAY NOT BE OPENED UNTIL AFTER THE
UNIT HAS EVALUATED COMPLETED EVALUATION OF THE TECHNICAL OFFERS
OR SAMPLES.

(II) (4) (I) A PRICE BID MAY NOT BE OPENED AT
ANY TIME IF THE BID IS SUBMITTED BY A BIDDER WHOSE TECHNICAL

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