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PARRIS N. GLENDENING, Governor
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H.B. 252
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(II) THE INTERAGENCY PANEL SHALL MAKE A DETERMINATION AS
TO WHETHER THE UNSOLICITED PROPOSAL MEETS THE REQUIREMENTS OF
SUBSECTION (A) OF THIS SECTION BY A MAJORITY VOTE OF THE PANEL;
1. AT A MEETING OF PANEL MEMBERS OR THEIR
DESIGNEES;
2. BY A TELEPHONE POLL OF PANEL MEMBERS; OR
3. IN WRITING?
(III) IF THE INTERAGENCY PANEL DETERMINES THAT THE
UNSOLICITED PROPOSAL DOES NOT MEET THE REQUIREMENTS OF SUBSECTION (A)
OF THIS SECTION, THE PROCUREMENT OFFICER MAY NOT AWARD A PROCUREMENT
CONTRACT BASED ON THE UNSOLICITED PROPOSAL.
(IV) 1. THE INTERAGENCY PANEL SHALL MAKE A
DETERMINATION UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH WITHIN 30 DAYS
AFTER RECEIVING THE UNSOLICITED PROPOSAL FOR REVIEW.
2. IF THE INTERAGENCY PANEL FAILS TO MAKE A
DETERMINATION UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH WITHIN THE
30-DAY PERIOD ESTABLISHED UNDER THIS SUBPARAGRAPH, THE UNSOLICITED
PROPOSAL SHALL BE DEEMED TO HAVE BEEN DISAPPROVED BY THE INTERAGENCY
PANEL.
(B) (C) IF AN UNSOLICITED PROPOSAL MEETS THE REQUIREMENTS OF
SUBSECTION (A) OF THIS SECTION, THE OFFERER OFFEROR OF THE PROPOSAL IS
NOT REQUIRED TO BE THE ONLY AVAILABLE SOURCE FOR THE CONTRACT AWARDED
UNDER THIS SECTION.
(C) (D) BEFORE AWARDING A PROCUREMENT CONTRACT UNDER THIS
SECTION, A PROCUREMENT OFFICER SHALL OBTAIN:
(1) THE APPROVAL OF THE HEAD OF THE UNIT; AND
(2) ANY OTHER APPROVAL REQUIRED BY LAW.
(D) (E) THE TERM, INCLUDING EXTENSIONS, OF A CONTRACT AWARDED
UNDER THIS SECTION MAY NOT EXCEED 2 YEARS.
(E) (F) (1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2) OF THIS
SUBSECTION, A PROCUREMENT OFFICER MAY SHALL TREAT THE INFORMATION
CONTAINED IN AN UNSOLICITED PROPOSAL AS CONFIDENTIAL INFORMATION THAT
IS NOT SUBJECT TO DISCLOSURE UNDER ANY OTHER STATE OR LOCAL LAW.
(2) IF A CONTRACT IS AWARDED UNDER Tins SECTION, DISCLOSURE OF
THE UNSOLICITED PROPOSAL IS GOVERNED BY TITLE 10, SUBTITLE 6, PART III OF
THE STATE GOVERNMENT ARTICLE.
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- 5041 -
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