WILLIAM DONALD SCHAEFER, Governor                     Ch. 48

(II)  DURING NEGOTIATIONS, MAY NOT DISCLOSE TO
AN OFFEROR ANY INFORMATION DERIVED FROM THE PROPOSAL OF A
COMPETING OFFEROR, EXCEPT PRICE AND INFORMATION DIRECTLY RELATED
TO PRICE; AND

(III)  AFTER NEGOTIATIONS, MAY REJECT A PROPOSAL
THAT EXCEEDS THE MAXIMUM FAIR MARKET RATE.

(2) AFTER RECEIVING BEST AND FINAL OFFERS:

(I)  A PROCUREMENT OFFICER MAY CONDUCT FURTHER
NEGOTIATIONS WITH THE SUCCESSFUL OFFEROR TO OBTAIN FOR THE STATE
THE BEST PRICE, CONDITIONS, AND SERVICES; AND

(II)  ANY MODIFICATION OF A SUCCESSFUL OFFER
MUST BE IN THE BEST INTERESTS OF THE STATE.

(G) (F) FAILURE TO PRODUCE LEASE.

BY DIRECT SOLICITATION AND WITHOUT REPUBLICATION OF NOTICE,
THE PROCUREMENT OFFICER MAY ACQUIRE ADDITIONAL OFFERS IF:

(1)  NEGOTIATIONS AND BEST AND FINAL OFFERS FAIL TO
PRODUCE A LEASE FOR REAL PROPERTY WITH TERMS COMPARABLE TO MARKET
RENTAL RATES IN THE BOUNDARIES IN WHICH THE UNIT MUST OBTAIN THE
LEASE; AND

(2)  THE FINAL OFFEROR DID NOT ACCEPT A LEASE WITH
TERMS COMPARABLE TO THE MARKET RENTAL RATES.

(H) (G) RENEWALS.

IF A PROCUREMENT OFFICER DETERMINES THAT RENEWAL OF AN
EXISTING LEASE IS IN THE BEST INTERESTS OF THE STATE, THE
PROCUREMENT OFFICER MAY NEGOTIATE THE RENEWAL WITHOUT SOLICITING
OTHER OFFERS.

(I) (H) AWARD OF LEASES.

AFTER OBTAINING ANY APPROVAL REQUIRED BY LAW, THE
PROCUREMENT OFFICER SHALL AWARD THE PROCUREMENT CONTRACT TO THE
RESPONSIBLE OFFEROR WHO SUBMITS THE PROPOSAL OR BEST AND FINAL
OFFER DETERMINED TO BE THE MOST ADVANTAGEOUS TO THE STATE
CONSIDERING:

(1)  THE PRICE AND EVALUATION FACTORS SET FORTH IN THE
REQUEST FOR PROPOSALS; AND

(2)  THE MODIFICATIONS TO THOSE FACTORS UNDER THE
NEGOTIATION PROCESS.

REVISOR'S NOTE: Subsections (a) through (e)(1) and (f)
through (i) of this section are new language derived

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