Ch. 482

1996 LAWS OF MARYLAND

(I) COMPETITIVE SEALED BIDS IN ACCORDANCE WITH
SUBSECTION (B) (D) OF THIS SECTION; OR

(II) COMPETITIVE SEALED PROPOSALS IN ACCORDANCE WITH
SUBSECTION (C) (E) OF THIS SECTION.

(8)     (7) THE WSSC MAY REJECT ANY BID OR PROPOSAL.

(9)     (8) THE WSSC:

(I)      MAY ADOPT REGULATIONS TO ESTABLISH A
PREQUALIFICATION PROCESS FOR BIDDERS OR OFFERORS; AND

(II) SHALL ADOPT REGULATIONS TO GOVERN DISCUSSIONS HELD
UNDER SUBSECTION (C)(3) (E)(3) OF THIS SECTION.

(10) (9) (I) EXCEPT AS PROHIBITED UNDER "SUBPARAGRAPH (II) OF
THIS PARAGRAPH, THE WSSC MAY ENTER INTO ANY TYPE OF CONTRACT UNDER
THIS SECTION THAT PROMOTES THE BEST INTEREST OF THE WSSC.

(II)     THE WSSC:

1.       MAY NOT ENTER A COST-PLUS-PERCENTAGE-OF-COST
CONTRACT; AND

2.       SHALL PROHIBIT A COST-PLUS-PERCENTAGE-OF-COST
SUBCONTRACT UNDER A WSSC CONTRACT.

(B) (D) (1) (I) IN THIS SUBSECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(II) "EVALUATED BID PRICE" MEANS THE PRICE OF A BID AFTER
ADJUSTMENT IN ACCORDANCE WITH OBJECTIVE MEASURABLE CRITERIA.

(III) "OBJECTIVE MEASURABLE CRITERIA" MEANS STANDARDS
THAT ENABLE THE WSSC TO COMPARE THE ECONOMY, EFFECTIVENESS, OR VALUE
OF THE SUBJECT OF THE BIDS.

(2)     IF A CONTRACT IS AWARDED BASED ON COMPETITIVE SEALED BIDS,
THE WSSC SHALL SEEK BIDS BY ISSUING AN INVITATION TO BID.

(3)     SUBJECT TO PARAGRAPHS (4) THROUGH (6) OF THIS SUBSECTION,
AN INVITATION TO BID SHALL:

(I) INCLUDE THE SPECIFICATIONS OF THE CONTRACT; AND

(II) STATE WHETHER THE CONTRACT WILL BE AWARDED BASED
ON THE LOWEST BID PRICE OR THE LOWEST EVALUATED BID PRICE

(4)     IF A CONTRACT WILL BE AWARDED ON AN EVALUATED BID PRICE,
THE INVITATION TO BID SHALL INCLUDE THE OBJECTIVE MEASURABLE CRITERIA
BY WHICH THE LOWEST EVALUATED BID PRICE WILL BE DETERMINED.

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