Md. Code Regs. 21.05.14.04

Current through Register Vol. 51, No. 20, October 4, 2024

Section 21.05.14.04 - Award

A. After obtaining any approval required by law or regulation, the procurement officer shall award the procurement contract to the responsible bidder who submits the responsive bid that:

(1) Is the lowest bid price; or

(2) If the invitation for auction bids so provides, is the lowest evaluated bid price.

B. If, after bids have been received, a procurement officer determines that only one responsible bidder has submitted a responsive bid, the unit may negotiate the procurement contract with that one bidder under the procedures for sole source procurement in COMAR 21.05.05.

C. 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 COMAR 21.06.02;

(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.

Md. Code Regs. 21.05.14.04

Regulation .04 adopted effective 50:18 Md. R. 800, eff. 9/18/2023