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

3. C. After bids have been received, a procurement officer may award a procurement contract on the basis of revised bids if:

   1. (1) All bids are rejected under COMAR 21.06.02;
   2. (2) All bid prices exceed the funds available for the procurement; or
   3. (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.

Authority: State Finance and Procurement Article, §§13-102, 13-111, and 14-303, Annotated Code of Maryland

Effective date: September 18, 2023 (50:18 Md. R. 800)