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<regulation prefix="Regulation" num=".03" citation="COMAR 21.11.05.03" title_num="21" subtitle_num="11" chapter_num="05" heading="Determining Fair Market Price.">
  <paragraph num="A.">
    <text>In determining fair market prices for services or supplies, the Pricing and Selection Committee for Preferred Providers may consider:</text>
    <paragraph num="(1)">
      <text>The price on the open market of a similar quantity of services or supplies of equal quality and standards that meet the requirements of the procurement agencies;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The price last paid as a result of a competitive procurement selection process for substantially similar services or supplies as adjusted for inflation, deflation, or other change in market conditions;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A reliable independent appraisal of the value of substantially similar services or supplies;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A procurement agency's or control authority's reasonable estimate of the cost of substantially similar services or supplies and any other pertinent information; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The cost of the services if performed by State personnel.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>If the fair market price for a service or supply cannot be determined absent a competitive procurement, the solicitation shall notify prospective bidders or offerors that one or more selling entities may respond to the solicitation and that any subsequent contract may be awarded to a selling entity if its bid or offer is deemed a fair market price by the Pricing and Selection Committee for Preferred Providers.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Any negotiations conducted with a selling entity for the purpose of establishing a fair market price for a contract for services shall include a representative from the procurement agency.</text>
  </paragraph>
</regulation>