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PARRIS N. GLENDENING, Governor
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Ch. 297
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(3) (I) AFTER BIDS HAVE BEEN RECEIVED, A PROCUREMENT OFFICER
MAY AWARD A PROCUREMENT CONTRACT ON THE BASIS OF REVISED BIDS IF:
1. ALL BIDS ARE REJECTED UNDER § 13-206(B) OF THIS
TITLE;
2. ALL BID PRICES EXCEED THE FUNDS AVAILABLE FOR THE
PROCUREMENT; OR
3. WITH THE APPROVAL OF THE HEAD OF A PRIMARY
PROCUREMENT UNIT OR A DESIGNEE, THE PROCUREMENT OFFICER DETERMINES
THAT ALL BIDS ARE UNREASONABLE AS TO AT LEAST ONE REQUIREMENT AND THE
DELAY THAT WOULD RESULT FROM ISSUING A NEW INVITATION FOR AUCTION BIDS
WITH REVISED SPECIFICATIONS OR QUANTITIES WOULD BE FISCALLY
DISADVANTAGEOUS OR OTHERWISE NOT IN THE BEST INTERESTS OF THE STATE.
(II) IF THERE IS MORE THAN ONE BIDDER, DISCUSSIONS ABOUT
REVISED SPECIFICATIONS OR QUANTITIES SHALL BE CONDUCTED WITH ALL
RESPONSIBLE BIDDERS WHO SUBMITTED RESPONSIVE BIDS. THE BIDDERS SHALL BE
TREATED FAIRLY AND EQUALLY WITH RESPECT TO ANY DISCUSSIONS.
(III) IF ONE OF THE CONDITIONS SET FORTH UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH EXISTS, AS PROMPTLY AS POSSIBLE, THE
PROCUREMENT OFFICER SHALL:
1. ISSUE AN INVITATION FOR REVISED AUCTION BIDS,
WHICH SHALL STATE WHETHER THE AWARD WILL BE MADE WITHOUT COMPETITIVE
NEGOTIATIONS; AND
2. REQUIRE A PROMPT RESPONSE TO THAT INVITATION.
(IV) AN INVITATION FOR REVISED AUCTION BIDS IS NOT SUBJECT
TO THE NOTICE REQUIREMENTS IN SUBSECTION (D) OF THIS SECTION.
(V) AFTER REVISED BIDS HAVE BEEN SUBMITTED, NEGOTIATIONS
WITH BIDDERS MAY NOT BE CONDUCTED UNLESS THE PROCUREMENT OFFICER
DETERMINES THAT THERE IS A COMPELLING REASON TO NEGOTIATE.
(VI) AFTER REVISED BIDS HAVE BEEN RECEIVED AND ANY
APPROVAL REQUIRED BY LAW HAS BEEN OBTAINED, THE PROCUREMENT OFFICER
SHALL AWARD THE PROCUREMENT CONTRACT TO THE RESPONSIBLE BIDDER WHO
SUBMITS A RESPONSIVE BID THAT:
1. IS THE LOWEST BID PRICE; OR
2. IF THE INVITATION FOR REVISED BIDS SO PROVIDES, IS
THE LOWEST EVALUATED BID PRICE.
(G) NOT MORE THAN 30 DAYS AFTER THE EXECUTION AND APPROVAL OF A
PROCUREMENT CONTRACT IN EXCESS OF $25,000 AWARDED UNDER THIS SECTION,
OR A LOWER AMOUNT SET BY THE BOARD BY REGULATION IN ACCORDANCE WITH
TITLE 10, SUBTITLE 1 OF THE STATE GOVERNMENT ARTICLE, A UNIT SHALL PUBLISH
IN THE CONTRACT WEEKLY NOTICE OF THE AWARD.
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- 2683 -
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