WILLIAM DONALD SCHAEFER, Governor                     Ch. 48

13-205. DRAFTING SPECIFICATIONS.
A UNIT:

(1)  SHALL DRAFT SPECIFICATIONS TO ENCOURAGE MAXIMUM
PRACTICABLE COMPETITION WITHOUT MODIFYING THE REQUIREMENTS OF THE
STATE; AND

(2)  MAY NOT DRAFT SPECIFICATIONS TO FAVOR A SINGLE
PROSPECTIVE BIDDER OR OFFEROR.

REVISOR'S NOTE: This section is new language derived
without substantive change from former SF § ll-109(c).

This section is revised in the active voice to state
expressly that the onus to ensure compliance with this
section is on the unit.

Defined term: "Unit" § 11-101

13-206. CANCELLATION OF SOLICITATIONS; REJECTION OF BIDS OR
PROPOSALS.

(A)  REJECTION FOR NONRESPONSIVENESS OR NONRESPONSIBILITY.

(1)  A PROCUREMENT OFFICER SHALL REJECT A BID OR
PROPOSAL IF THE PROCUREMENT OFFICER DETERMINES THAT:

(I)  THE BID IS NONRESPONSIVE OR THE PROPOSAL IS
UNACCEPTABLE; OR

(II)  THE BIDDER OR OFFEROR IS NOT RESPONSIBLE.

(2)  THE PROCUREMENT OFFICER SHALL INCLUDE A
DETERMINATION UNDER THIS SUBSECTION IN THE PROCUREMENT FILE.

(B)  CANCELLATION OR REJECTION IN STATE'S BEST INTERESTS.

IF, WITH THE APPROVAL OF THE BOARD, A UNIT DETERMINES THAT
IT IS FISCALLY ADVANTAGEOUS OR OTHERWISE IN THE BEST INTERESTS OF
THE STATE, THE UNIT MAY:

(1)  CANCEL AN INVITATION FOR BIDS, A REQUEST FOR
PROPOSALS, OR OTHER SOLICITATION; OR

(2)  REJECT ALL BIDS OR PROPOSALS.

(C)  GROUNDS FOR DETERMINING NONRESPONSIBILITY.

A PROCUREMENT OFFICER MAY DETERMINE THAT A PERSON IS NOT A
RESPONSIBLE BIDDER OR OFFEROR FOR:

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