(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.
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