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<section article="gsf" article_name="State Finance and Procurement" number="13-116" title_number="13" title_name="Source Selection -- State Procurement Contracts" subtitle_number="1" subtitle_name="Methods of Source Selection">
  <level label="a">
    <text>In this section, “proof of concept” means a test, evaluation, demonstration, or pilot project of a good, service, or technology in a real–world environment to evaluate whether the good, service, or technology can be successfully deployed and is beneficial to the State.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>A competitive proof of concept procurement is a formal competitive procurement method that may be used to solicit proposals for the conduct of a proof of concept and participation in subsequent phases of the procurement, including full implementation or deployment when the head of a unit determines the process to be appropriate and in the best interests of the unit, including:</text>
      <level label="i">
        <text>testing software–as–a–service or off–the–shelf software;</text>
      </level>
      <level label="ii">
        <text>testing new, innovative products or services; or</text>
      </level>
      <level label="iii">
        <text>testing a product or service conceptualized or conceived of by a unit of State government.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <level label="1">
          <text>After obtaining the approval of the head of the unit and before conducting a competitive proof of concept procurement, the unit shall obtain approval from the Chief Procurement Officer, or the Chief Procurement Officer’s designee.</text>
        </level>
        <level label="2">
          <text>The request for approval under this subparagraph shall demonstrate that conducting a competitive proof of concept procurement is in the best interest of the State.</text>
        </level>
      </level>
      <level label="ii">
        <text>If the procurement is for information technology, before conducting a competitive proof of concept procurement, the unit shall obtain approval from the Secretary of Information Technology, or the Secretary’s designee.</text>
      </level>
      <level label="iii">
        <text>The Secretary of Information Technology may grant approval for a competitive proof of concept procurement for information technology if the unit:</text>
        <level label="1">
          <text>has sufficient internal resources to manage the proof of concept, including human capital, subject matter expertise, and technological infrastructure, or has the means to obtain these resources; and</text>
        </level>
        <level label="2">
          <text>enters into a memorandum of understanding with the Department of Information Technology that requires regular status updates, vendor capacity, and any other information necessary for the Department of Information Technology to evaluate whether the proof of concept can be successfully deployed and is beneficial to the State.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A competitive proof of concept procurement solicitation shall include a statement of:</text>
      <level label="i">
        <text>the scope of work, statement of need, or project description, including the intended use, quantity, estimated time frame for the proof of concept, and anticipated number of proof of concept awards that will be made; and</text>
      </level>
      <level label="ii">
        <text>the factors, including price, that will be used at each phase in evaluating proposals and the relative importance of each.</text>
      </level>
    </level>
    <level label="2">
      <text>A solicitation may be distributed to vendors known to offer goods or services within the scope of the proof of concept and shall be posted on eMaryland Marketplace Advantage.</text>
    </level>
  </level>
  <level label="d">
    <text>After receipt of proposals but before award of a procurement contract, a unit may:</text>
    <level label="1">
      <text>conduct discussions with and receive clarifications from an offeror;</text>
    </level>
    <level label="2">
      <text>request product samples for testing by the unit or a demonstration of a product or service and use these samples or demonstrations in its evaluation process; and</text>
    </level>
    <level label="3">
      <text>allow offerors reasonably susceptible of being selected for award to participate in all subsequent phases of the procurement including submission of best and final offers.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>A unit may issue a contract to each offeror reasonably susceptible of being selected for award to deliver product samples for testing or provide a demonstration made under subsection (d)(2) of this section.</text>
    </level>
    <level label="2">
      <text>A contract awarded under this subsection does not preclude a vendor from continuing to participate in subsequent phases of the procurement.</text>
    </level>
  </level>
  <level label="f">
    <text>A unit may award one or more contracts for full implementation or deployment of the good, service, or technology evaluated during the proof of concept if it is in the best interest of the State.</text>
  </level>
  <level label="g">
    <text>A unit shall publish notice of a contract awarded under this section in excess of the small procurement amount specified in § 13–109 of this subtitle in eMaryland Marketplace Advantage.</text>
  </level>
  <level label="h">
    <text>The Department of General Services, in consultation with the Department of Information Technology, shall adopt regulations, policies, and procedures for the development and implementation of competitive proof of concept procurements.</text>
  </level>
</section>
