Ch. 74                                     2004 LAWS OF MARYLAND

(iv) if the Secretary of General Services, the Secretary of
Transportation, or the Chancellor of the University System of Maryland has so
designated, the small business preference.

(e) (1) After obtaining any approval required by law, the procurement
officer shall award the procurement contract to the responsible bidder who submits
the responsive bid that:

(i) is the lowest bid price;

(ii) if the invitation for bids so provides, is the lowest evaluated bid
price; or

(iii) for procurement subject to § 11-202(3) of this article, is the bid
most favorable to the State.

(4) A RESPONSIBLE BID OR PROPOSAL SHALL INCLUDE THE CRITERIA
SPECIFIED IN SUBSECTION (A) OF THIS SECTION.

13-104.

(b) (1) Whenever procurement is based on competitive sealed proposals, a
procurement officer shall seek proposals by issuing a request for proposals.

(2) A request for proposals shall include a statement of:

(i) the scope of the procurement contract, INCLUDING THE
EXPECTED DEGREE OF MINORITY BUSINESS ENTERPRISE PARTICIPATION, AS
PROVIDED IN § 14-303(B) OF THIS ARTICLE;

(ii) the factors, including price, that will be used in evaluating
proposals; and

(iii) the relative importance of each factor.

14-303.

(a)     (1) (i) In accordance with Title 10, Subtitle 1 of the State Government
Article, the Board shall adopt regulations consistent with the purposes of this
Division II to carry out the requirements of this subtitle.

(ii) The Board shall keep a record of the number of waivers
requested and the number of waivers granted each year under subsection (b)(8) of this
section and submit a copy of the record to the General Assembly on or before October
1 of each year, in accordance with § 2-1246 of the State Government Article.

(2) The regulations shall establish procedures to be followed by units,
prospective contractors, and successful bidders or offerors to maximize notice to, and
the opportunity to participate in the procurement process by, a broad range of
minority business enterprises.

(b)     These regulations shall include:

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