WILLIAM DONALD SCHAEFER, Governor                     Ch. 48

(I) (1) THE PROCUREMENT IS FOR HUMAN, SOCIAL,
CULTURAL, OR EDUCATIONAL SERVICES;

(2) WITH THE APPROVAL OF THE HEAD OF A UNIT, THE
PROCUREMENT OFFICER DETERMINES THAT SPECIFICATIONS CANNOT BE
PREPARED THAT ALLOW AN AWARD 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; OR

(II) (3) THE HEAD OF THE UNIT DETERMINES THAT:

1. (I) THE NEED TO USE A METHOD OTHER
THAN COMPETITIVE SEALED BIDS IS SUFFICIENTLY COMPELLING TO
OVERRIDE THE GENERAL PUBLIC POLICY THAT FAVORS AWARDING
PROCUREMENT CONTRACTS ON THE BASIS OF COMPETITIVE SEALED BIDS;
AND

2. (II) THE USE OF COMPETITIVE SEALED
BIDDING FOR THAT PROCUREMENT CONTRACT IS NOT PRACTICABLE OR NOT
ADVANTAGEOUS TO THE STATE.

(B)  REQUESTS FOR PROPOSALS.

(1)  WHENEVER PROCUREMENT IS BASED ON COMPETITIVE
SEALED PROPOSALS, A PROCUREMENT OFFICER SHALL SEEK PROPOSALS BY
ISSUING A REQUEST FOR PROPOSALS.

(2)  A REQUEST FOR PROPOSALS SHALL INCLUDE A STATEMENT
OF:

(I)  THE SCOPE OF THE PROCUREMENT CONTRACT;

(II)  THE FACTORS, INCLUDING PRICE, THAT WILL BE
USED IN EVALUATING PROPOSALS; AND

(III)  THE RELATIVE IMPORTANCE OF EACH FACTOR.

(C)  PUBLIC NOTICE OF REQUESTS FOR PROPOSALS.

A UNIT SHALL PUBLISH A REQUEST FOR PROPOSALS IN THE SAME
MANNER AS REQUIRED FOR AN INVITATION FOR BIDS.

(D)  DISCUSSIONS.

(1) AFTER RECEIPT OF PROPOSALS BUT BEFORE THE
PROCUREMENT OFFICER AWARDS THE PROCUREMENT CONTRACT, A UNIT MAY
CONDUCT DISCUSSIONS WITH AN OFFEROR TO:

(I)  OBTAIN THE BEST PRICE FOR THE STATE; AND

(II)  ENSURE FULL UNDERSTANDING OF:

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