Ch. 48

LAWS OF MARYLAND

without substantive change from former SF §§
ll-109(b)(3) and ll-lll(g)(l) through (4) and (5)(i)
and (iii) through (vii).

Subsection (e)(2) of this section is new language
substituted for former SF § 11-111(g)(5)(ii), which
stated that "[i]f the request for proposals notifies
all offerors, negotiations by the procurement officer
need not be conducted", for clarity.

In subsection (a) of this section, the reference to
"competitive sealed proposals" as the preferred method
for selecting procurement contracts for the lease of
real property is substituted for the former references
to "competitive negotiation", to conform to the
language adopted by the General Assembly under Ch.
840, Acts of 1986.

The introductory language of subsection (c) of this
section, "[s]ubject to the requirements of Title 4,
Subtitle 3, Part III of this article," is added to
reflect that those requirements apply here also.

Subsections (f)(2), (h), and (i) of this section are
revised in the active voice to clarify that the
"procurement officer" is responsible for the actions
under these subsections, since these actions seem to
fall within the powers contemplated for a "procurement
officer", as defined in § ll-101(n) of this article.

In subsection (i) of this section, the reference to a
"best and final offer" is added in light of subsection
(e)(2)(ii) of this section, which refers to a request
for proposals that "requested best and final offers".

Defined terms: "Invitation for bids" § 11-101

"Procurement contract" § 11-101

"Procurement officer" § 11-101 "Proposal" § 11-101

"Request for proposals" § 11-101

"Responsible offeror" § 11-101

"Services" § 11-101 "Unit" § 11-101

13-106. NONCOMPETITIVE NEGOTIATION FOR CERTAIN HUMAN, SOCIAL, OR
EDUCATIONAL SERVICES.

(A) WHEN ALLOWED.

NOTWITHSTANDING § 13-102(1) OF THIS SUBTITLE, A PROCUREMENT
OFFICER MAY AWARD A PROCUREMENT CONTRACT ON THE BASIS OF
NONCOMPETITIVE NEGOTIATION IF:

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