# COMAR Title 21 — State Procurement Regulations

## Subtitle 05 — Procurement Methods and Project Delivery Methods

### Chapter 04 — Procurement by Negotiated Award After Unsatisfactory Competitive Sealed Bidding

#### Regulation .01 Conditions for Use.

*COMAR 21.05.04.01*

A. A negotiated award may be made under this chapter if, after bids have been opened, all bids are rejected pursuant to COMAR 21.06.02.01; if all bids submitted under COMAR 21.05.02 result in bid prices in excess of the funds available for the purchase; or if the procurement officer, with the approval of the agency head or designee, determines that all prices received are unreasonable as to one or more of the requirements and that:

  (1) There are no additional funds available to permit an award to the responsible bidder submitting the most favorable bid or most favorable evaluated bid; or

  (2) Any delay resulting from a resolicitation under revised specifications or quantities under competitive sealed bidding as provided in COMAR 21.05.02 would be fiscally disadvantageous or would not otherwise be in the best interest of this State.

B. If after competitive sealed bidding it is determined that there is only one responsive and responsible bidder, an award may be made to that bidder under COMAR 21.05.05.