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PARRIS N. GLENDENING, Governor
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Ch. 297
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(6) an intergovernmental cooperative purchasing agreement under §
13-110 of this subtitle; OR
(7) AUCTION BIDS UNDER § 13-111 OF THIS SUBTITLE.
13-111.
(A) THIS SECTION APPLIES TO THE PROCUREMENT OF SUPPLIES WITHIN THE
AUTHORITY OF, WITH AN ESTIMATED CONTRACT VALUE OF $1,000,000 OR MORE, BY A
PRIMARY PROCUREMENT UNIT.
(B) (1) WHENEVER THE HEAD OF A PRIMARY PROCUREMENT UNIT OR
DESIGNEE DETERMINES THAT IT IS IN THE BEST INTEREST OF THE STATE FOR A
PROCUREMENT CONTRACT SHOULD TO BE BASED ON AUCTION BIDS, A
PROCUREMENT OFFICER SHALL SEEK BIDS BY ISSUING AN INVITATION FOR
AUCTION BIDS.
(2) SUBJECT TO SUBSECTION (C) OF THIS SECTION, AN INVITATION FOR
AUCTION BIDS SHALL INCLUDE:
(I) THE SPECIFICATIONS OF THE PROCUREMENT CONTRACT;
(II) WHETHER THE PROCUREMENT CONTRACT WILL BE AWARDED
BASED ON THE LOWEST BID PRICE OR THE LOWEST EVALUATED BID PRICE;
(III) IF THE PROCUREMENT CONTRACT WILL BE BASED ON
EVALUATED BID PRICE, THE OBJECTIVE MEASURABLE CRITERIA BY WHICH THE
LOWEST EVALUATED BID PRICE WILL BE DETERMINED;
(IV) THE SMALL BUSINESS PREFERENCE, IF DESIGNATED UNDER §
13-103 OF THIS SUBTITLE; AND
(V) THE DATE AND TIME WHEN BIDDING WILL COMMENCE AND
THE DATE AND TIME WHEN BIDDING WILL END OR THE EVENT UPON WHICH
BIDDING WILL END.
(C) (1) IN THE DISCRETION OF THE PROCUREMENT OFFICER, THE
INVITATION FOR AUCTION BIDS MAY:
(I) INCLUDE A REQUEST FOR UNPRICED TECHNICAL OFFERS OR
SAMPLES;
(II) DIRECT BIDDERS TO SUBMIT PRICE BIDS AFTER THE UNIT
EVALUATES THE TECHNICAL OFFERS OR SAMPLES AND FINDS THEY ARE
ACCEPTABLE UNDER THE CRITERIA SET FORTH IN THE INVITATION FOR AUCTION
BIDS; AND
(III) INFORM ALL BIDDERS WHO SUBMITTED TECHNICAL OFFERS
OR SAMPLES OF THE IDENTITY OF EACH BIDDER WHO SUBMITTED AN ACCEPTABLE
TECHNICAL OFFER OR SAMPLE.
(2) PRICE BIDS MAY NOT BE RECEIVED UNTIL AFTER THE UNIT HAS
COMPLETED EVALUATION OF THE TECHNICAL OFFERS OR SAMPLES.
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- 2681 -
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