(1)      THE PROCUREMENT IS FOR EDUCATIONAL OR CONSULTANT
SERVICES;

(2)      THE PROCUREMENT IS FOR ANY BUILDING, IMPROVEMENT,
EQUIPMENT, OR SUPPLIES AND THE BOARD OF TRUSTEES OR ITS DESIGNEE
DETERMINES THAT SPECIFICATIONS CANNOT BE PREPARED THAT ALLOW AN
AWARD BASED ON THE LOWEST BID PRICE, THE LOWEST EVALUATED BID PRICE, OR
THE BID MOST FAVORABLE TO THE COLLEGE; OR

(3)      THE BOARD OR TRUSTEES OR ITS DESIGNEE DETERMINES THAT:

(I)      THE NEED TO USE A METHOD OTHER THAN COMPETITIVE
SEALED BIDS IS SUFFICIENTLY COMPELLING TO OVERRIDE THE GENERAL PUBLIC
POLICY THAT FAVORS AWARDING PROCUREMENT CONTRACTS ON THE BASIS OF
COMPETITIVE SEALED BIDS; AND

(II)     THE USE OF COMPETITIVE SEALED BIDDING FOR THAT
PROCUREMENT CONTRACT IS NOT PRACTICABLE OR NOT ADVANTAGEOUS TO THE
COLLEGE.

(C)     (1) WHENEVER PROCUREMENT IS BASED ON COMPETITIVE SEALED
PROPOSALS, THE BOARD OF TRUSTEES OR ITS DESIGNEE SHALL SEEK PROPOSALS
BY ISSUING A REQUEST FOR PROPOSALS.

(2) A REQUEST FOR PROPOSALS SHALL INCLUDE A STATEMENT OF:

(I)      THE SCOPE OF THE PROCUREMENT CONTRACT;             

(II)     THE RESULTS TO BE ACHIEVED OR SERVICES TO BE
PROVIDED;                                                                                                   

(III)   THE FACTORS, INCLUDING PRICE, THAT WILL BE USED IN
EVALUATING PROPOSALS; AND

(IV)   THE RELATIVE IMPORTANCE OF EACH FACTOR.

(D)     THE BOARD OF TRUSTEES OR ITS DESIGNEE SHALL PUBLISH A REQUEST
FOR PROPOSALS IN THE SAME MANNER AS REQUIRED FOR AN INVITATION FOR
BIDS.

(E)     (1) AFTER RECEIPT OF PROPOSALS BUT BEFORE THE BOARD OF
TRUSTEES AWARDS THE PROCUREMENT CONTRACT, THE BOARD OR ITS DESIGNEE
MAY CONDUCT DISCUSSIONS WITH AN OFFEROR TO:

(I)      OBTAIN THE BEST PRICE FOR THE COLLEGE; AND

(II)     ENSURE FULL UNDERSTANDING OF:

1.       THE REQUIREMENTS OF THE COLLEGE AS SET FORTH IN
THE REQUEST FOR PROPOSALS; AND

2.       THE PROPOSAL SUBMITTED BY THE OFFEROR.

- 1740 -

1993 LAWS OF MARYLAND

Ch. 276