(iii) The board of trustees may name in the specifications and advertisements for bids the particular make, kind, or brand of article to be contracted for or purchased. (3) The board of trustees of each community college may provide for the prequalification of persons as prospective responsible bidders for procurements other than leases of real property. (4) If a board of trustees uses a prequalification procedure for awarding a procurement contract:
(i) A person who is not prequalified may submit a bid or proposal; and (ii) After bid opening or receipt of proposals and before awarding the procurement contract, a procurement officer may determine that:
1. A person who was not prequalified at the time of bid opening or receipt of proposals is a responsible bidder; or 2. A prequalified person is not a responsible bidder.
(5) Except as provided in paragraph (7) of this subsection, the contract shall beawarded to the lowest responsible bidder, who conforms to the specifications, with consideration given to: (i) The quantities involved; (ii) The time required for delivery; (iii) The purpose for which required; (iv) The competence and responsibility of the bidder; and (v) The ability of the bidder to perform the contract satisfactorily. (6) The board of trustees may reject any and all bids and re-advertise for other bids. (7) (i) In this paragraph, the term "minority business enterprise" has the meaning stated in § 14-301 of the State Finance and Procurement Article. (ii) In Montgomery County, by resolution and by implementing rules and regulations, the Board of Trustees of Montgomery Community College shall establish a mandatory minority business utilization program to facilitate the participation of responsible certified minority business enterprises in contracts awarded by the Board of Trustees of Montgomery Community College in accordance with competitive bidding requirements. (d) Violation of section . -- A contract entered into or purchase made in violation of this section is void.
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