reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.12 - Procurement of Human, Social, Cultural, and Educational Services › Section 21.05.12.05 - Solicitation Requirements for Human and Social Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to solicitations
				for human and social services by the Department of Health and Mental Hygiene,
				the Department of Human Resources, the Department of Juvenile Services, the
				Department of Disabilities, and the Department of Aging.
B. The solicitation shall:
(1) Explicitly refer to any applicable
				program standards adopted by the Department of Health and Mental Hygiene, the
				Department of Human Resources, the Department of Juvenile Services, the
				Department of Disabilities, or the Department of Aging;
(2) Require each offering provider to
				indicate how it has or will meet these standards; and
(3) Indicate that the contractor shall meet
				these standards before it provides any services under the contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.12 - Procurement of Human, Social, Cultural, and Educational Services › Section 21.05.12.06 - Multi-Year and Sole Source Human and Social Services Contracts-Assurance of Continuity of Third-Party Client Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation applies to contracts for
				human and social services and, in addition to other regulations, authorizes
				multi-year and sole source contracts.
B. Multi-Year Contracts.
(1) In order to assure continuity of human or
				social services care, a procurement agency may enter a multi-year contract for
				human or social services when:
(a) The
				conditions in COMAR
				21.06.03.09 are met; or
(b) The procurement officer, with the
				approval of the agency head, determines that it is not reasonable to expect
				that a contract for a single fiscal year will be sufficient to alleviate the
				conditions for which a group of third-party clients will receive the
				services.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.12 - Procurement of Human, Social, Cultural, and Educational Services › Section 21.05.12.07 - Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to
				COMAR 21.02.01.05A(1),
				the Board of Public Works shall review and approve an award of a human, social,
				cultural, or educational services contract for more than $200,000 before the
				contract is executed, unless the contract results from an emergency
				procurement.
B. Pursuant to COMAR
				21.02.01.04B, the
				Department of General Services shall review and approve an award of a human,
				social, cultural, or educational services contract for $200,000 or less before
				the contract is executed, unless the contract results from an emergency
				procurement or a small procurement.
C. A human, social, cultural, or educational
				services contract resulting from an emergency procurement shall be reported as
				provided in COMAR
				21.02.01.05A(3)(a).
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.13 - Master Contracting › Section 21.05.13.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following words have the meaning indicated.
B. Terms Defined.
(1) "Designated procurement unit" means:
(a) The Department of General
				Services;
(b) The Department of
				Transportation; or
(c) The
				Department of Information Technology, only with respect to an information
				technology master contract executed before July 1, 2022, until the earlier of:
(i) The expiration date of all information
				technology master contracts; or
(ii) June 30, 2027.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.13 - Master Contracting › Section 21.05.13.02 - Conditions for Use

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				master contracting procurement method is the exclusive method by which master
				contractor agreements may be awarded. Only a designated procurement unit may
				use the master contracting procurement method for selecting qualified bidders
				or offerors to be awarded master contractor agreements
B. A unit of the Executive Branch may issue a
				secondary competition solicitation to master contractors.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.13 - Master Contracting › Section 21.05.13.03 - Solicitations for Awarding Master Contractor Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The solicitation
				for awarding master contractor agreements shall include:
(1) The categories of services, supplies, or
				commodities in which an offeror may submit a proposal for
				qualification
(2) Information
				concerning proposal submission requirements, including the date, time, and
				place for the receipt of proposals ;
(3) A statement that discussions may be
				conducted with those responsible offerors that submit proposals initially
				judged by the procurement officer to be reasonably susceptible of being
				selected for award. However, if the request for proposals so notifies all
				offerors, discussions need not be conducted:
(a) With respect to prices that are fixed by
				law or regulation, except that consideration shall be given to competitive
				terms and conditions;
(b) If time
				of delivery or performance does not permit discussions; or
(c) If it can be demonstrated clearly from
				the existence of adequate competition or accurate prior cost experience with
				the particular item, that acceptance of an initial offer without negotiation
				would result in a fair and reasonable price;
(4) The mandatory solicitation requirements
				set forth in COMAR 21.05.08;
(5)
				All required contract terms and conditions; and
(6) A summary of the factors used to
				determine the expected degree of minority business enterprise participation,
				including subcontracting opportunities identified for the project, any
				applicable North American Industry Classification System (NAICS) codes linked
				to the subcontracting opportunities, and the number of certified minority
				business enterprises in those industries.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.13 - Master Contracting › Section 21.05.13.04 - Evaluation of Proposals for Awarding Master Contractor Agreements and Debriefings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				designated procurement unit shall establish a procedure for the consideration
				and approval of proposals for qualification of multiple offerors in each
				category of services, supplies, or commodities in the master
				contract.
B.Upon completion of all
				discussions, the procurement officer shall make a determination recommending
				award of the master contractor agreement to the responsible offerors whose
				proposals are determined to be qualified for a particular master contract
				considering price and evaluation factors set forth in the solicitation. After
				obtaining the approval of this recommendation by the agency head or designee,
				all other approvals required by this title, and certification by the
				appropriate fiscal authority as to the availability of funds, the designated
				procurement unit may award the master contractor agreements.
C. Notice of Award. After a master contractor
				agreement is entered into, the designated procurement unit shall publish notice
				of its award in eMaryland Marketplace not more than 30 days after the execution
				and approval of the master contractor agreement
D. Debriefing of Unsuccessful Offerors.
(1) When a master contractor agreement is to
				be awarded on some basis other than price alone, unsuccessful offerors may
				submit a written request for a debriefing to the procurement officer within a
				reasonable time. Debriefing shall be provided at the earliest feasible time
				after the procurement officer receives a request for a debriefing and before
				the master contractor agreement award is presented to the agency head or
				designee or the Board for approval. The debriefing shall be conducted by a
				procurement official familiar with the rationale for the selection decision and
				master contractor agreement award.
(2) Debriefing shall:
(a) Be limited to discussion of the
				unsuccessful offeror's proposal and may not include specific discussion of a
				competing offeror's proposal;
(b)
				Be factual and consistent with the evaluation of the unsuccessful offeror's
				proposal; and
(c)Provide
				information on areas in which the unsuccessful offeror's technical proposal was
				deemed weak or deficient.
(3) Debriefing may not include discussion or
				dissemination of the thoughts, notes, or rankings of individual members of an
				evaluation committee, but may include a summary of the procurement officer's
				rationale for the selection decision and recommended master contractor
				agreement award.
(4) A summary of
				the debriefing shall be made a part of the master contractor agreement
				file.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.13 - Master Contracting › Section 21.05.13.05 - Secondary Competition Solicitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A unit of the
				Executive Branch that requires services, supplies, or commodities available
				under a master contract may, with the approval of the designated procurement
				unit that awarded the master contract, issue a secondary competition
				solicitation to master contractors. within that master contract, as follows:
(1) If the unit of the Executive Branch
				expects the total cost of the services, supplies, or commodities in the
				secondary competition to exceed $100,000, the unit shall issue the secondary
				competition solicitation to all master contractors in the appropriate category
				in the master contract established by the designated procurement unit;
				or
(2) If the unit of the Executive
				Branch expects the total cost of the services, supplies, or commodities in the
				secondary competition to be $100,000 or less, the unit shall issue the
				secondary competition solicitation to a minimum of six master contractors or
				all master contractors, whichever is less, in the appropriate category in the
				master contract established by the designated procurement unit. If the total
				number of master contractors available to be solicited exceeds six, the
				procurement officer shall make a written determination including the reasons
				why the particular master contractors were selected to be solicited.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.13 - Master Contracting › Section 21.05.13.06 - Secondary Competition Evaluation, and Awards

Current through Register Vol. 51, No. 14, July 12, 2024
A. The procuring unit of the Executive Branch
				that has received responses from master contractors to a secondary competition
				solicitation shall evaluate the responses and may select a master contractor
				for award based on the response that is determined to be the most advantageous
				to the State considering the evaluation factors set forth in the secondary
				competition solicitation.
B. If
				expressly permitted in the secondary competition solicitation, secondary
				competition awards may include renewal options, and awards may be made to more
				than one master contractor.
C. The
				total dollar amount of secondary competition awards to master contractors may
				not exceed the monetary ceiling value of the particular master contract from
				which the secondary competition was solicited.
D. Secondary competition awards to master
				contractors may not exceed the period of performance of the particular master
				contract from which the secondary competition was solicited unless the master
				contract is modified to be extended for a period of time to allow for a task
				order to continue beyond the term of the original master contract, and that
				period of time is no longer than one-third of the base term of the original
				master contract. No additional task orders may be issued after the master
				contract's original, unmodified end date.
E. A TORFP award by a unit of the Executive
				Branch shall include a performance evaluation procedure to be used by the unit
				to evaluate the performance of the master contractor that has completed work on
				the task order.
F. The designated
				procurement unit that awarded the master contract may require the secondary
				competition award recommendation to be reviewed and approved by that designated
				procurement unit prior to award.
G.
				Procurement agencies are required to report secondary competition awards over
				$50,000 in eMaryland Marketplace.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.13 - Master Contracting › Section 21.05.13.07 - Construction Master Contract Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
The requirements in Regulations .05A(1) and (2) and C and
				  .06A of this chapter do not apply to a master contract for construction that is
				  procured and awarded under this chapter and states how task orders will be
				  awarded and the maximum number of qualified contracto rs that will be awarded a
				  master contractor agreement for construction.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.14 - Auction Bids › Section 21.05.14.01 - Auction Bids Authorized

Current through Register Vol. 51, No. 14, July 12, 2024
A. A primary
				procurement unit may procure supplies and services using the auction bids
				procurement method.
B. Whenever the
				head of a primary procurement unit or designee determines that it is in the
				best interest of the State for a procurement contract to be based on auction
				bids, a procurement officer shall seek bids by issuing an invitation for
				auction bids.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.14 - Auction Bids › Section 21.05.14.02 - Invitation for Auction Bids

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to
				subsection §B of this regulation, an invitation for auction bids shall
				include:
(1) The specifications of the
				procurement contract;
(2) Whether
				the procurement contract will be awarded based on the lowest bid price or the
				lowest evaluated bid price;
(3) If
				the procurement contract will be based on evaluated bid price, the objective
				measurable criteria by which the lowest evaluated bid price will be
				determined;
(4) The small business
				preference, if designated under COMAR
				21.11.01.05;
(5) The date and time when bidding will
				commence and the date and time when bidding will end or the event upon which
				bidding will end;
(6) The mandatory
				solicitation requirements set forth in COMAR 21.05.08; and
(7) A summary of the factors used to
				determine the expected degree of minority business enterprise participation,
				including subcontracting opportunities identified for the project, any
				applicable North American Industry Classification System (NAICS) codes linked
				to the subcontracting opportunities, and the number of certified minority
				business enterprises in those industries.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.14 - Auction Bids › Section 21.05.14.03 - Price Bids

Current through Register Vol. 51, No. 14, July 12, 2024
A. A procurement
				officer shall:
(1) Receive bids in public at
				the time and place designated in the invitation for auction bids; and
(2) Record the amount of each bid at the time
				it is received.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.14 - Auction Bids › Section 21.05.14.04 - Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. After obtaining
				any approval required by law or regulation, the procurement officer shall award
				the procurement contract to the responsible bidder who submits the responsive
				bid that:
(1) Is the lowest bid price;
				or
(2) If the invitation for
				auction bids so provides, is the lowest evaluated bid price.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.14 - Auction Bids › Section 21.05.14.05 - Invitation for Revised Auction Bids

Current through Register Vol. 51, No. 14, July 12, 2024
A. If one of the
				conditions set forth under Regulation .04C of this chapter exists, as promptly
				as possible, the procurement officer shall:
(1) Issue an invitation for revised auction
				bids, which shall state whether the award will be made without competitive
				negotiations; and
(2) Require a
				prompt response to that invitation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.14 - Auction Bids › Section 21.05.14.06 - Publicizing Awards

Current through Register Vol. 51, No. 14, July 12, 2024
Not more than 30 days after the execution and approval of a
				  procurement contract awarded under this section, a unit shall publish notice of
				  the award in eMaryland Marketplace.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.15 - Pay-for-Success Contracting › Section 21.05.15.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following words have the meaning indicated.
B. Terms Defined.
(1) "Aggregator" means a person that:
(a) Provides or contracts for environmental
				outcomes; or
(b) Provides or raises
				capital to finance delivery of environmental outcomes.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.15 - Pay-for-Success Contracting › Section 21.05.15.02 - Background

Current through Register Vol. 51, No. 14, July 12, 2024
The General Assembly has found and declared that:
A. Pay-for-success contracting shifts the
				risk of performance to the contractor because government payment is made only
				on achievement of outcomes;
B.
				Social and environmental impact investment is growing dramatically, and
				investors are seeking ways to finance and execute pay-for-success contracts in
				the State to expand the success of Chesapeake Bay restoration efforts and
				achieve other public outcomes; and
C. It is in the best interest of the State to
				include pay-for-success contracting as a procurement option, particularly for
				units responsible for land conservation and environmental protection,
				enhancement, and restoration.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.15 - Pay-for-Success Contracting › Section 21.05.15.03 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. A unit may enter
				into a pay-for-success contract only if the procurement officer of the unit
				determines that:
(1) The contract will produce
				estimated financial savings or other quantifiable public benefits for the
				State; and
(2) A substantial
				portion of the outcome payment due under the contract will be paid only after
				specific outcomes have been documented.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.15 - Pay-for-Success Contracting › Section 21.05.15.04 - Pay-for-Success Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				pay-for-success contract executed under this regulation shall include:
(1) A quantification plan approved by the
				unit;
(2) A statement of the
				environmental outcomes to be procured under the contract and a description of
				how defined performance measures will demonstrate progress in achieving these
				outcomes;
(3) Requirements
				regarding the content and frequency of progress reports regarding the
				achievement of environmental outcomes;
(4) A methodology for calculating the amount
				and timing of outcome payments to an aggregator when the evaluator determines
				that the aggregator has achieved a defined performance measure;
(5) A statement that the basis of payment is
				the determination of achievement of environmental outcomes by the evaluator and
				that payments for those outcomes do not require itemized billing or cost
				documentation by the aggregator; and
(6) Terms addressing:
(a) Compliance with State law;
(b) Nondiscrimination in
				employment;
(c) Contractor
				indemnification;
(d) Termination
				for default; and
(e) The unit's
				right to inspect the environmental outcomes project.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.15 - Pay-for-Success Contracting › Section 21.05.15.05 - Review and Evaluation of Results by the Maryland Environmental Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Beginning July
				2025 and every 3 years thereafter, the Maryland Environmental Service shall
				review and evaluate the results of all pay-for-success contracts completed
				under this section for the previous 3 fiscal years.
B. The first review conducted under §A
				of this regulation shall include a review of all pay-for-success contracts
				completed under this section between July 1, 2022, and June 30, 2025.
C. The review conducted under §A of this
				regulation shall include:
(1) The cost of each
				project performed under a contract;
(2) The length of time taken to complete the
				project, from the date of notice to proceed until completion;
(3) The average cost and project duration for
				each project type; and
(4) Whether
				each project met the terms of its contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.01 - Qualification and Duties › Section 21.06.01.01 - Responsible and Responsive

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a
				procurement officer determines that a person is not a responsible bidder or
				offeror, or that the bid is nonresponsive, the procurement officer shall
				include that determination in the procurement file.
B. A procurement officer may find that a
				person is not a responsible bidder or offeror for:
(1) Unreasonable failure to supply
				information promptly in connection with a determination of responsibility under
				this chapter; or
(2) Any other
				reason indicating that the person does not have:
(a) The capability in all respects to perform
				fully the contract requirements, or
(b) The integrity and reliability that will
				assure good faith performance.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.01 - Qualification and Duties › Section 21.06.01.02 - Disclosure of Information

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				State Government Article, Title 10, Subtitle 6, shall govern any request for
				the disclosure of information related to a procurement.
B. Confidential, proprietary information, and
				trade secrets furnished by a bidder or offeror under this chapter may be
				disclosed to another State agency only if there is a demonstrated need for the
				information and may not be disclosed outside of State government except as
				provided by State Government Article, Title 10, Subtitle 6, or as provided by
				this chapter.
C. Duty Not to
				Disclose Information.
(1) After a
				solicitation for bids under COMAR 21.05.02 or for proposals under COMAR
				21.05.03 or 21.12.02 - 21.12.05 is issued and until a procurement officer makes
				a recommendation for award of the contract, the procurement officer may
				disclose information only as set forth in COMAR
				21.05.01.05B.
(2) Before bid opening:
(a) Bids shall remain sealed; and
(b) The procurement officer may not disclose
				the name of any person who has submitted a bid.
(3) Before a procurement officer makes a
				recommendation for award of the contract, a procurement officer may not
				disclose the name of any person who has submitted a proposal.
(4) Before awarding a procurement contract
				based on competitive sealed proposals, a procurement officer may not disclose
				the contents of a proposal to any person other than a person responsible for
				evaluating or reviewing the proposal, or approving the contract award, except
				as permitted by State Finance and Procurement Article, §
										13-105,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.02 - Cancellation and Rejection of IFBs and RFPs › Section 21.06.02.01 - Delegation of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board hereby delegates to each Department head authority to approve
				cancellation of a solicitation or rejection of all bids or proposals for
				procurements within the Department's jurisdiction.
B. When a Department acts as a procurement
				agency, the delegation in §A is not affected unless the Board directs
				otherwise.
C. Actions taken by a
				Department pursuant to the delegation in §A shall be reported to the Board
				in accordance with COMAR
				21.02.01.05B.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.02 - Cancellation and Rejection of IFBs and RFPs › Section 21.06.02.02 - Cancellation of Invitations for Bids or Requests for Proposals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice. Each
				solicitation issued by a procurement agency shall state that the solicitation
				may be cancelled as provided in this regulation.
B. Cancellation Before Opening.
(1) Before opening of bids or proposals, a
				solicitation may be cancelled in whole or in part when the procurement agency,
				with the approval of the appropriate Department head or designee, determines
				that this action is fiscally advantageous to the State or otherwise in its best
				interest. Reasons for cancellation include but are not limited to:
(a) The absence of a continued need for the
				procurement;
(b) When proposed
				amendments to the solicitation would be of such magnitude and substance that a
				new solicitation is desirable.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.02 - Cancellation and Rejection of IFBs and RFPs › Section 21.06.02.03 - Rejection of Individual Bids or Proposals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice in Solicitation. Each solicitation
				issued by a State agency shall provide that any bid or proposal may be rejected
				in whole or in part when it is in the best interest of the State to do
				so.
B. Reasons for Rejection.
				Reasons for rejection of a bid or proposal include but are not limited to:
(1) The vendor that submitted the bid or
				proposal is not responsible as determined under COMAR
				21.06.01.01B;
(2) The bid is not responsive or the proposal
				is not reasonably susceptible of being selected for award;
(3) The price is unreasonable;
(4) The bidder or offeror is debarred or
				otherwise is ineligible for award and the period of debarment or ineligibility
				has not expired.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.02 - Cancellation and Rejection of IFBs and RFPs › Section 21.06.02.04 - Minor Irregularities in Bids or Proposals

Current through Register Vol. 51, No. 14, July 12, 2024
A. A minor irregularity is one which is
				merely a matter of form and not of substance or pertains to some immaterial or
				inconsequential defect or variation in a bid or proposal from the exact
				requirement of the solicitation, the correction or waiver of which would not be
				prejudicial to other bidders or offerors.
B. The defect or variation in the bid or
				proposal is immaterial and inconsequential when its significance as to price,
				quantity, quality, or delivery is trivial or negligible when contrasted with
				the total cost or scope of the procurement.
C. The procurement officer shall either give
				the bidder or offeror an opportunity to cure any deficiency resulting from a
				minor informality or irregularity in a bid or proposal or waive the deficiency,
				whichever is to the advantage of the State.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.02 - Cancellation and Rejection of IFBs and RFPs › Section 21.06.02.05 - Disposition of Bids or Proposals

Current through Register Vol. 51, No. 14, July 12, 2024
When bids or proposals are rejected, or a solicitation is
				  cancelled after bids or proposals have been received, the bids or proposals
				  that have been opened shall be retained in the procurement file, and the bids
				  or proposals that have not been opened shall be returned to the bidders or
				  offerors upon request, or otherwise disposed of.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.03 - Types of Contracts and Multi-Year Contracts › Section 21.06.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prohibition.
				Cost-plus-a-percentage-of-cost contracts and subcontracts are
				prohibited.
B. Policy Regarding
				Selection of Contract Types.
(1) Subject to
				the prohibition in §A, any type of contract which shall promote the best
				interests of the State may be used. However, preference shall be given in the
				order indicated to the following types of contracts:
(a) Fixed-price;
(b) Fixed-price incentive;
(c) Cost plus incentive fee; and
(d) Cost-plus fixed fee or
				cost-reimbursement.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.03 - Types of Contracts and Multi-Year Contracts › Section 21.06.03.02 - Types of Fixed-Price Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Firm fixed-price contract" means a fixed
				price contract that provides a price that is not subject to adjustment because
				of variations in the contractor's cost.
(2) "Fixed-price contract" means a contract
				which places responsibility on the contractor for the delivery of the product
				or the complete performance of the services or construction in accordance with
				the contract terms at a price that may be firm or may be subject to
				contractually specified adjustments.
(3) "Fixed-price contract with price
				adjustment" means a fixed price contract that provides for variation in the
				contract price under special conditions defined in the contract, other than
				customary provisions authorizing price adjustments due to
				modifications.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.03 - Types of Contracts and Multi-Year Contracts › Section 21.06.03.03 - Types of Cost-Reimbursement Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Cost contract" means a contract which
				provides for reimbursement for allowable costs but no fee.
(2) "Cost-plus fixed fee contract" means a
				contract which provides for reimbursement for allowable costs and in addition a
				fixed fee.
(3) "Cost-reimbursement
				contract" means a cost contract or a cost-plus fixed fee contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.03 - Types of Contracts and Multi-Year Contracts › Section 21.06.03.04 - Types of Cost Incentive Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Cost-plus incentive fee" means a
				contract which provides for the reimbursement to the contractor of allowable
				costs incurred up to a ceiling amount and establishes a formula by which the
				contractor is rewarded for performing at less than target cost or is penalized
				if it exceeds target cost.
(2)
				"Fixed-price incentive contract" means a fixed-price contract in which the
				parties establish at the outset a target for performance and a formula by which
				the contractor is rewarded for exceeding performance and penalized if
				performance is not met.
(3)
				"Target" means the parties agreed best estimate.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.03 - Types of Contracts and Multi-Year Contracts › Section 21.06.03.05 - Time and Material Contracts Labor Hour Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Labor hour contract" means a contract
				which only provides for the payment of labor performed.
(2) "Time and material contract" means a
				contract which provides an agreed basis for payment for materials supplied and
				labor performed.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.03 - Types of Contracts and Multi-Year Contracts › Section 21.06.03.06 - Quantity Contracts Requirements Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Definite quantity contract" means a
				fixed-price contract that provides for delivery of a specified amount of goods
				or labor either at specified times or when ordered.
(2) "Indefinite quantity contract" means a
				contract for an indefinite amount of goods or labor to be furnished at
				specified times, or as ordered, that establishes unit prices of a fixed-price
				type.
(3) "Requirements contract"
				means an indefinite quantity contract for goods or labor that obligates the
				State to order all the actual requirements of designated using agencies during
				a specified period of time.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.03 - Types of Contracts and Multi-Year Contracts › Section 21.06.03.07 - Personal Property Leases

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definition. "Lease" means a contract for the use of supplies that are not owned
				by the State.
B. Application. A
				lease may be entered into if:
(1) It is in the
				best interest of the State;
(2) All
				conditions for renewal and costs of termination are set forth in the lease;
				and
(3) The lease is not used to
				circumvent normal procurement procedures.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.03 - Types of Contracts and Multi-Year Contracts › Section 21.06.03.08 - Lease with Purchase Option

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				purchase option in a lease may be exercised only if the lease containing the
				purchase option was awarded under competitive sealed bidding, competitive
				sealed proposals, or competitive small procurement procedures, or the leased
				supply or facility is the only supply or facility that can meet the State's
				requirements, as determined in writing by the agency head.
B. Before exercising the option, the
				procurement officer shall:
(1) Investigate
				alternative means of procuring comparable supplies;
(2) Compare estimated costs and benefits
				associated with the alternative means and the exercise of the option;
				and
(3) Obtain review and approval
				of the appropriate Department.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.03 - Types of Contracts and Multi-Year Contracts › Section 21.06.03.09 - Multi-Year Contracts

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Application. A multi-year contract is appropriate when it is in the best
				interest of the State to obtain uninterrupted services extending over more than
				one fiscal period, when the performance of the services involves high start-up
				costs, or when a changeover of services contractors involves high
				phase-in/phase-out costs during a transition period. The multi-year method of
				contracting is also appropriate when special production of definite quantities
				of supplies for more than one fiscal period is necessary to best meet the State
				needs but funds are available only for the initial fiscal period.
B. Objective. The objective of the multi-year
				contract is to promote economy and efficiency in procurement by obtaining the
				benefits of sustained volume production and consequent low prices, and by
				increasing competitive participation in procurements which involve special
				production or high phase-in/phase-out costs during changeover of service
				contractors.
C. Conditions for Use
				of Multi-year Contracts. A multi-year contract may be used when it is
				determined by the procurement officer that:
(1) Special production of definite quantities
				or the furnishing of long-term services are required to meet State
				needs;
(2) Estimated requirements
				cover the period of the contract and are reasonably firm and continuing;
				and
(3) A multi-year contract shall
				serve the best interests of the State by encouraging effective competition or
				otherwise promoting economies in State procurement. The following factors are
				among those relevant to this determination:
(a) Firms which are not willing or able to
				compete because of high start-up costs or capital investment in facility
				expansion shall be encouraged to participate in the competition when they are
				assured of recouping these costs during the period of contract
				performance;
(b) Lower production
				costs because of larger quantity or service requirements, and substantial
				continuity of production or performance over a longer period of time, can be
				expected to result in lower unit prices;
(c) Stabilization of the contractor's work
				force over a longer period of time may promote economy and consistent quality;
				or
(d) The cost and burden of
				contract solicitation, award, and administration of the procurement may be
				reduced.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.03 - Types of Contracts and Multi-Year Contracts › Section 21.06.03.10 - Multiple Awards

Current through Register Vol. 51, No. 14, July 12, 2024
When a multiple award is made, all State agencies shall order
				  all of their actual normal requirements for the specified supplies or services
				  from contractors awarded the contract. A multiple award may be in the State's
				  best interest when an award to two or more bidders or offerors for similar
				  products is needed for adequate delivery, service, availability, or for product
				  compatibility. In making a multiple award, care shall be exercised to protect
				  and promote the principles of competitive solicitation. Multiple awards may not
				  be made when a single award will meet the State's needs without sacrifice of
				  economy or service.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.04 - Cost or Price Requirements › Section 21.06.04.01 - Submission of Information

Current through Register Vol. 51, No. 14, July 12, 2024
Each contractor shall submit cost or price information and
				  shall certify that, to the best of the contractor's knowledge, the information
				  submitted is accurate, complete, and current as of the mutually determined
				  specified date before the date the price of any:
A. Negotiated contract is determined, if the
				total contract price is expected to exceed $100,000 or a smaller amount set by
				the procurement officer; or
B.
				Change order or contract modification is determined when it is expected to
				exceed $100,000 or a smaller amount set by the procurement officer.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.04 - Cost or Price Requirements › Section 21.06.04.02 - Cost and Price Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
Every contract, change order, or modification under which a
				  cost and price certificate is required shall contain a provision that the
				  price, including profit or fee, shall be adjusted to exclude any significant
				  price increases occurring because the contractor furnished cost or price
				  information which, as of the date agreed upon between the parties, was
				  inaccurate, incomplete, or not current. The specific contract clause is
				  contained in COMAR 21.07.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.04 - Cost or Price Requirements › Section 21.06.04.03 - Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to a lease of real property, an
				  amendment to a lease of real property, or a contract for which the price
				  negotiated is based on adequate price competition, established catalog or
				  market prices of commercial items sold in substantial quantities to the general
				  public, or prices set by law or regulation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.05 - Plant Inspection, Audit and Retention of Records › Section 21.06.05.01 - Right to Inspect

Current through Register Vol. 51, No. 14, July 12, 2024
Designees of the procurement agency, the Department of
				  Legislative Services, or any other State unit authorized by law, may inspect at
				  reasonable times the plant, place of business, or jobsite of any bidder or
				  offeror, contractor, prospective subcontractor or assignee, or subcontractor or
				  assignee.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.05 - Plant Inspection, Audit and Retention of Records › Section 21.06.05.02 - Audits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Audit of Cost or
				Pricing Data. Designees of the procurement agency, the Department of
				Legislative Services, or any other State unit authorized by law may audit
				during the record retention period the books and records of any person who has
				submitted cost or pricing data to the extent that the books and records relate
				to the cost or pricing data.
B.
				Contract Audit. Designees of the procurement agency, the Department of
				Legislative Services, or any other State unit authorized by law shall be
				entitled to audit the books and records of a contractor or any subcontractor
				under any negotiated contract or subcontract other than a firm fixed-price
				contract to the extent that the books and records relate to the performance of
				the contract or subcontract, or if the agency has reason to believe, from an
				audit of a cost type contract, that costs have been inappropriately assigned to
				a cost type contract from a fixed price contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.05 - Plant Inspection, Audit and Retention of Records › Section 21.06.05.03 - Record Retention

Current through Register Vol. 51, No. 14, July 12, 2024
The contractor or subcontractor shall maintain books and
				  records that relate to the cost or pricing data for 3 years from the date of
				  final payment under the contract, unless a longer period is otherwise specified
				  in the contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.06 - Retainage › Section 21.06.06.01 - Construction Contract Retainage

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				This regulation applies to a construction contract for which a contractor has
				furnished 100 percent payment security and 100 percent performance
				security.
B. The percent for
				retainage specified in a contract under §A of this regulation may not
				exceed 5 percent of the contract amount.
C. In addition to retainage, a primary
				procurement unit and the Maryland Transportation Authority may withhold from
				payments otherwise due a contractor an amount that the unit reasonably believes
				is necessary to protect the State's interest.
D. A contractor may not retain from a payment
				due a subcontractor a percent of the payment greater than the percent for
				retainage retained by the primary procurement unit or the Maryland
				Transportation Authority.
E. A
				subcontractor may not retain from a payment due a lower-tier subcontractor a
				percent of the payment greater than the percent of payments retained from the
				subcontractor.
F. A contractor and
				a subcontractor are not prohibited, by §§D and E of this regulation,
				from withholding an amount in addition to retainage if the contractor or
				subcontractor determines that a subcontractor's performance under the
				subcontract provides reasonable grounds for withholding the additional
				amount.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 06 - CONTRACT FORMATION AND AWARD › Chapter 21.06.06 - Retainage › Section 21.06.06.02 - Escrow of Retainage

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				regulation applies to all construction contracts unless:
(1) The contract is funded in whole or in
				part with tax-exempt financing; or
(2) It conflicts with any federal grant or
				regulation affecting the contract.