§ 13-210

(a) (1) If a procurement officer decides to conduct a pre–bid conference to explain the requirements of a procurement that is expected to exceed $100,000, as soon as practicable after the conference concludes, the procurement officer shall have written minutes of the conference prepared.

(2) The minutes of a pre–bid conference are public records and shall be open to public inspection during ordinary business hours.

(b) (1) Subject to Title 4 of the General Provisions Article:

(i) a summary of the final evaluation of a proposal shall be open to public inspection;

(ii) after an award, all proposals shall be open to public inspection; and

(iii) at and after bid opening, the contents of a bid and any document submitted with the bid shall be open to public inspection.

(2) Except as otherwise provided in this section, Title 4 of the General Provisions Article shall govern any request for the disclosure of information related to a procurement.

(c) A procurement officer may deny public access to the advisory or deliberative records of an evaluator of a proposal if the records would not be available by law to a private party in litigation with the unit.

(d) (1) Before bid opening:

(i) bids shall remain sealed; and

(ii) the State may not disclose the name of a bidder.

(2) Before the closing date for proposals, a procurement officer may not disclose the name of a person who has submitted a proposal.

(3) Before awarding a procurement contract based on competitive sealed proposals, the State may not disclose the contents of a proposal to any person other than a person responsible for evaluating or reviewing the proposal.

(e) Subsections (b)(1), (c), and (d) of this section do not affect the authority of the Board of Contract Appeals or a court of competent jurisdiction to:

(1) decide that information is discoverable in an administrative or judicial proceeding; and

(2) compel disclosure.