Ch. 48

LAWS OF MARYLAND

1.  THE REQUIREMENTS OF THE STATE, AS SET
FORTH IN THE REQUEST FOR PROPOSALS; AND

2.  THE PROPOSAL SUBMITTED BY THE OFFEROR.
(2) IF DISCUSSIONS ARE CONDUCTED, THE UNIT:

(I)  SHALL COMPLY WITH ANY REGULATIONS OF THE
BOARD GOVERNING DISCUSSIONS CONDUCT THE DISCUSSIONS IN ACCORDANCE
WITH REGULATIONS ADOPTED UNDER THIS DIVISION II;

(II)  SHALL PROVIDE AN OPPORTUNITY TO
PARTICIPATE TO EACH RESPONSIBLE OFFEROR WHO SUBMITS A PROPOSAL
THAT, IN THE JUDGMENT OF THE PROCUREMENT OFFICER, IS REASONABLY
SUSCEPTIBLE OF BEING SELECTED FOR AWARD;

(III)  SHALL TREAT ALL OF THOSE RESPONSIBLE
OFFERORS FAIRLY AND EQUALLY;

(IV)  MAY ALLOW ALL OF THOSE RESPONSIBLE
OFFERORS TO REVISE THEIR INITIAL PROPOSALS BY SUBMITTING BEST AND
FINAL OFFERS, IF DISCUSSIONS INDICATE THAT IT WOULD BE IN THE
BEST INTERESTS OF THE STATE TO DO SO;

(V)  MAY CONDUCT MORE THAN 1 SERIES OF
DISCUSSIONS AND REQUESTS FOR BEST AND FINAL OFFERS; AND

(VI)  MAY NOT DISCLOSE TO AN OFFEROR ANY
INFORMATION DERIVED FROM A PROPOSAL OF OR DISCUSSIONS WITH A
COMPETING OFFEROR.

(E)  IRREVOCABILITY OF PROPOSALS; OFFERS.

(1)  EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION:

(I)  A PROPOSAL IS IRREVOCABLE FOR THE PERIOD
SPECIFIED IN THE REQUEST FOR PROPOSALS; AND

(II)  A BEST AND FINAL OFFER IS IRREVOCABLE FOR
THE PERIOD SPECIFIED IN THE REQUEST FOR BEST AND FINAL OFFERS.

(2)  A PROCUREMENT OFFICER MAY ALLOW AN OFFEROR TO
CORRECT OR WITHDRAW A PROPOSAL OR BEST AND FINAL OFFER IF
CORRECTION OR WITHDRAWAL IS:

(I)  ALLOWED UNDER REGULATIONS ADOPTED UNDER
THIS DIVISION II; AND

(II)  APPROVED IN WRITING BY THE OFFICE OF THE
ATTORNEY GENERAL.

(F)  AWARD OF PROCUREMENT CONTRACTS.

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