2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 13-105 - Competitive sealed proposals -- Real property leases

§13-105.

(a) A request for proposals for a lease of real property shall include:

(1) a work statement that shall be used as a basis for the evaluation of proposals;

(2) a statement of the factors, including price, that will be used in evaluating proposals; and

(3) a statement of the relative importance of each factor.

(b) Subject to the requirements of Title 4, Subtitle 3, Part III of this article, a unit shall publish a request for proposals in the same manner as required for an invitation for bids.

(c) After proposals have been opened, the procurement officer shall reject any proposal that is unacceptable.

(d) (1) If more than three proposals are submitted, the procurement officer may conduct negotiations with the offerors who, based on a preliminary evaluation in accordance with the evaluation factors, have submitted the three best proposals.

(2) Negotiations are not required if the request for proposals:

(i) notified all offerors that negotiations would not be conducted; and

(ii) requested best and final offers.

(e) (1) The procurement officer:

(i) may establish a maximum fair market rental rate for each premises offered;

(ii) during negotiations, may not disclose to an offeror any information derived from the proposal of a competing offeror, except price and information directly related to price; and

(iii) after negotiations, may reject a proposal that exceeds the maximum fair market rate.

(2) After receiving best and final offers:

(i) a procurement officer may conduct further negotiations with the successful offeror to obtain for the State the best price, conditions, and services; and

(ii) any modification of a successful offer must be in the best interests of the State.

(f) By direct solicitation and without republication of notice, the procurement officer may acquire other offers if:

(1) (i) negotiations and best and final offers fail to produce a lease for real property with terms comparable to market rental rates in the boundaries in which the unit must obtain the lease; and

(ii) the final offeror did not accept a lease with terms comparable to the market rental rates; or

(2) the public notice of requests for proposals fails to produce a response or offer of a lease for real property.

(g) If a procurement officer determines that renewal of an existing lease is in the best interests of the State, the procurement officer may negotiate the renewal without soliciting other offers.

(h) After obtaining any approval required by law, the procurement officer shall award the procurement contract to the responsible offeror who submits the proposal or best and final offer determined to be the most advantageous to the State considering:

(1) the price and evaluation factors set forth in the request for proposals; and

(2) the modifications to those factors under the negotiation process.