Ch. 48

LAWS OF MARYLAND

(I) 1. ALL BIDS ARE REJECTED UNDER § 13-206(B)
OF THIS TITLE;

(II) 2. ALL BID PRICES EXCEED THE FUNDS
AVAILABLE FOR THE PROCUREMENT; OR

(III) 3. WITH THE APPROVAL OF THE HEAD OF THE
UNIT OR A DESIGNEE, THE PROCUREMENT OFFICER DETERMINES THAT ALL
BIDS ARE UNREASONABLE AS TO AT LEAST 1 REQUIREMENT AND THE DELAY
THAT WOULD RESULT FROM ISSUING A NEW INVITATION FOR BIDS WITH
REVISED SPECIFICATIONS OR QUANTITIES WOULD BE FISCALLY
DISADVANTAGEOUS OR OTHERWISE NOT IN THE BEST INTERESTS OF THE
STATE.

(2) (II) IF THERE IS MORE THAN 1 BIDDER, DISCUSSIONS
ABOUT REVISED SPECIFICATIONS OR QUANTITIES SHALL BE CONDUCTED
WITH ALL RESPONSIBLE BIDDERS WHO SUBMITTED RESPONSIVE BIDS. THE
BIDDERS SHALL BE TREATED FAIRLY AND EQUALLY WITH RESPECT TO ANY
DISCUSSIONS.

(3) (III) AS PROMPTLY AS POSSIBLE, THE PROCUREMENT
OFFICER SHALL:

(I) 1. ISSUE AN INVITATION FOR REVISED BIDS,
WHICH SHALL STATE WHETHER THE AWARD WILL BE MADE WITHOUT
COMPETITIVE NEGOTIATIONS; AND

(II) 2. REQUIRE A PROMPT RESPONSE TO THAT
INVITATION.

(4) (IV) AN INVITATION FOR REVISED BIDS IS NOT
SUBJECT TO THE NOTICE REQUIREMENTS IN SUBSECTION (C) OF THIS
SECTION.

(5) (V) AFTER REVISED BIDS HAVE BEEN SUBMITTED,

NEGOTIATIONS WITH BIDDERS MAY NOT BE CONDUCTED UNLESS THE

PROCUREMENT OFFICER DETERMINES THAT THERE IS A COMPELLING REASON
TO NEGOTIATE.

(6) (VI) AFTER REVISED BIDS HAVE BEEN OPENED AND ANY
APPROVAL REQUIRED BY LAW HAS BEEN OBTAINED, THE PROCUREMENT
OFFICER SHALL AWARD THE PROCUREMENT CONTRACT TO THE RESPONSIBLE
BIDDER WHO SUBMITS A RESPONSIVE BID THAT:

(I) 1. IS THE LOWEST BID PRICE;

(II) 2. IF THE INVITATION FOR REVISED BIDS SO
PROVIDES, IS THE LOWEST EVALUATED BID PRICE; OR

(III) 3. FOR PROCUREMENT SUBJECT TO § 11-202(3)
OF THIS ARTICLE, IS THE BID MOST FAVORABLE FINANCIALLY TO THE
STATE.

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