WILLIAM DONALD SCHAEFER, Governor                            Ch. 276

(2) IF DISCUSSIONS ARE CONDUCTED, THE BOARD OF TRUSTEES OR ITS
DESIGNEE:

(I)       SHALL CONDUCT THE DISCUSSIONS IN ACCORDANCE WITH
REGULATIONS ADOPTED BY THE BOARD;

(II)     SHALL PROVIDE AN OPPORTUNITY TO PARTICIPATE TO EACH
RESPONSIBLE OFFEROR WHO SUBMITS A PROPOSAL THAT, IN THE JUDGMENT OF
THE BOARD OR ITS DESIGNEE, IS REASONABLY SUSCEPTIBLE OF BEING SELECTED
FOR AWARD;

(III)    SHALL TREAT ALL OF THE RESPONSIBLE OFFERORS FAIRLY
AND EQUALLY;

(IV)    MAY ALLOW ALL OF THE RESPONSIBLE OFFERORS TO REVISE
THEIR INITIAL PROPOSALS BY SUBMITTING BEST AND FINAL OFFERS, IF
DISCUSSIONS INDICATE THAT IT WOULD BE IN THE BEST INTERESTS OF THE
COLLEGE TO DO SO;

(V)     MAY CONDUCT MORE THAN ONE SERIES OF DISCUSSIONS AND
REQUESTS FOR BEST AND FINAL OFFERS; AND

(VI)    MAY NOT DISCLOSE TO AN OFFEROR ANY INFORMATION
DERIVED FROM A PROPOSAL OF OR DISCUSSIONS WITH A COMPETING OFFEROR.

(F)      (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION:

(I)       A PROPOSAL IS IRREVOCABLE FOR THE PERIOD SPECIFIED IN
THE REQUEST FOR PROPOSALS; AND

(II)     A BEST AND FINAL OFFER IS IRREVOCABLE FOR THE PERIOD
SPECIFIED IN THE REQUEST FOR BEST AND FINAL OFFERS.

(2) THE BOARD OF TRUSTEES OR ITS DESIGNEE MAY ALLOW AN
OFFEROR TO CORRECT OR WITHDRAW A PROPOSAL OR BEST AND FINAL OFFER IF
CORRECTION OR WITHDRAWAL IS ALLOWED UNDER REGULATIONS ADOPTED BY
THE BOARD.

(G)     AFTER OBTAINING ANY APPROVAL REQUIRED BY LAW, THE BOARD OF
TRUSTEES SHALL AWARD THE PROCUREMENT CONTRACT TO THE RESPONSIBLE
OFFEROR WHO SUBMITS THE PROPOSAL OR BEST AND FINAL OFFER DETERMINED
TO BE THE MOST ADVANTAGEOUS TO THE COLLEGE CONSIDERING THE
EVALUATION FACTORS SET FORTH IN THE REQUEST FOR PROPOSALS.

(H) THE BOARD OF TRUSTEES MAY REJECT ANY AND ALL PROPOSALS AND
READVERTISE FOR OTHER OFFERS.

16-408.3.

(A) THE BOARD OF TRUSTEES MAY PROVIDE FOR SOLE SOURCE
PROCUREMENT CONTRACTS IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION.

- 1741 -