<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 21.05.14.04" title_num="21" subtitle_num="05" chapter_num="14" heading="Award.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Is the lowest bid price; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the invitation for auction bids so provides, is the lowest evaluated bid price.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>After bids have been received, a procurement officer may award a procurement contract on the basis of revised bids if:</text>
    <paragraph num="(1)">
      <text>All bids are rejected under COMAR 21.06.02;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>All bid prices exceed the funds available for the procurement; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>