Ch. 48

LAWS OF MARYLAND

(A)  REGULATIONS ALLOWED.

(1)  BY REGULATION, EACH OF THE PRIMARY PROCUREMENT
UNITS MAY PROVIDE FOR THE PREQUALIFICATION OF PERSONS AS
PROSPECTIVE RESPONSIBLE BIDDERS OR OFFERORS FOR PROCUREMENTS
OTHER THAN LEASES OF REAL OR PERSONAL PROPERTY.

(2)  EACH OF THE PRIMARY PROCUREMENT UNITS SHALL KEEP
A REGISTER OF ALL PREQUALIFIED PERSONS.

(B)  EFFECT OF PREQUALIFICATION.

IF A PRIMARY PROCUREMENT UNIT USES A PREQUALIFICATION
PROCEDURE FOR AWARDING A PROCUREMENT CONTRACT:

(1)  A PERSON WHO IS NOT PREQUALIFIED MAY SUBMIT A BID
OR PROPOSAL; AND

(2)  AFTER BID OPENING OR RECEIPT OF PROPOSALS AND
BEFORE AWARDING THE PROCUREMENT CONTRACT, A PROCUREMENT OFFICER
MAY DETERMINE THAT:

(I)  A PERSON WHO WAS NOT PREQUALIFIED AT THE
TIME OF BID OPENING OR RECEIPT OF PROPOSALS IS A RESPONSIBLE
BIDDER OR OFFEROR; OR

(II)  A PREQUALIFIED PERSON IS NOT A RESPONSIBLE
BIDDER OR OFFEROR.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § 11-119.

In subsection (a)(1) of this section, the defined term
"procurement" and the exception "other than leases of
real property" are substituted for the former
reference to "supplies, services, construction,
construction related services, architectural services,
or engineering services", to clarify the scope of
authority under subsection (a)(1) of this section.

Subsection (a)(2) of this section is revised to state
expressly that each primary procurement unit must keep
a register.

Defined terms: "Bid" § 11-101

"Person" § 11-101

"Primary procurement units" § 11-101

"Procurement" § 11-101

"Procurement contract" § 11-101

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

"Responsible bidder or offeror" § 11-101

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