<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 24.05.14.11" title_num="24" subtitle_num="05" chapter_num="14" heading="Evaluation of Applications.">
  <paragraph num="A.">
    <text>Evaluation.</text>
    <paragraph num="(1)">
      <text>An evaluation shall be based on the consideration obtained by the State in accordance with Regulation .08 of this chapter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Numerical rating systems may be used.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Initial evaluations may be conducted and recommendation for award made by an evaluation committee.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Classification of Applications.</text>
    <paragraph num="(1)">
      <text>When more than one application has been received, the Director may initially classify an application as:</text>
      <paragraph num="(a)">
        <text>Reasonably susceptible of being selected for award; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Not reasonably susceptible of being selected for award.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Applicants whose applications are judged by the Director as not reasonably susceptible of being selected for award shall be so notified.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Discussions. Discussions and negotiations may be held with all qualified applicants to:</text>
    <paragraph num="(1)">
      <text>Assure full understanding of the Program's requirements and of the qualified applicant's application and abilities to perform; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Obtain the best consideration for the State.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>If no applications are received in response to the request for applications, the Director may solicit applications directly without republication of notice.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Best and Final Offers.</text>
    <paragraph num="(1)">
      <text>When in the best interest of the State, the Director may permit a qualified applicant to revise its initial application by submitting a best and final offer.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Director may require more than one series of submissions of best and final offers.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If more than one submission of best and final offers is requested, an applicant's immediate previous application shall be construed as its best and final offer unless the applicant submits a timely notice of withdrawal or another best and final offer.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Preliminary Determination.</text>
    <paragraph num="(1)">
      <text>Upon completion of all discussions and negotiations, the Director shall prepare a written preliminary determination ranking the top three applications received from the qualified applicants, and recommending award of the offset credits to the qualified applicant whose application is determined to be the most advantageous to the State. The Director may recommend dividing the available offset credits between more than one applicant.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Director shall promptly notify all qualified applicants of the preliminary determination.</text>
    </paragraph>
  </paragraph>
</regulation>