Ch. 48

LAWS OF MARYLAND

(1)  SUBJECT TO TITLE 10, SUBTITLE 6, PART III OF THE
STATE GOVERNMENT ARTICLE:

(I)  A SUMMARY OF THE FINAL EVALUATION OF A
PROPOSAL SHALL BE OPEN TO PUBLIC INSPECTION;

(II)  AFTER AN AWARD, ALL PROPOSALS SHALL BE
OPEN TO PUBLIC INSPECTION; AND

(III)  AT AND AFTER BID OPENING, THE CONTENTS OF
A BID AND ANY DOCUMENT SUBMITTED WITH THE BID SHALL BE OPEN TO
PUBLIC INSPECTION.

(2)  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,
TITLE 10, SUBTITLE 6, PART III OF THE STATE GOVERNMENT ARTICLE
SHALL GOVERN ANY REQUEST FOR THE DISCLOSURE OF INFORMATION
RELATED TO A PROCUREMENT.

(B)  RECORDS OF EVALUATORS.

A PROCUREMENT OFFICER MAY DENY PUBLIC ACCESS TO THE ADVISORY
OR DELIBERATIVE RECORDS OF AN EVALUATOR OF A PROPOSAL IF THE
RECORDS WOULD NOT BE AVAILABLE BY LAW TO A PRIVATE PARTY IN
LITIGATION WITH THE UNIT.

(C)  DUTY NOT TO DISCLOSE INFORMATION.

(1)  BEFORE BID OPENING:

(I)  BIDS SHALL REMAIN SEALED; AND

(II)  THE STATE MAY NOT DISCLOSE THE NAME OF A
BIDDER.

(2)  BEFORE THE CLOSING DATE FOR PROPOSALS, A
PROCUREMENT OFFICER MAY NOT DISCLOSE THE NAME OF A PERSON WHO HAS
SUBMITTED A PROPOSAL.

(3)  BEFORE AWARDING A PROCUREMENT CONTRACT BASED ON
COMPETITIVE SEALED PROPOSALS, THE STATE MAY NOT DISCLOSE THE
CONTENTS OF A PROPOSAL TO ANY PERSON OTHER THAN A PERSON
RESPONSIBLE FOR EVALUATING OR REVIEWING THE PROPOSAL.

(D)  DISCOVERABILITY DURING PROCEEDINGS.

SUBSECTIONS (A)(1), (B), AND (C) OF THIS SECTION DO NOT
AFFECT THE AUTHORITY OF THE BOARD OF CONTRACT APPEALS OR A COURT
OF COMPETENT JURISDICTION TO:

(1)  DECIDE THAT INFORMATION IS DISCOVERABLE IN AN
ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND

(2)  COMPEL DISCLOSURE.

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