reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.01 - General Provisions › Section 21.05.01.03 - Suspicion that Collusion Has Occurred

Current through Register Vol. 51, No. 14, July 12, 2024
A. If there is a reasonable basis for
				believing that collusion has occurred among any persons for any reason, the
				procurement officer shall send a written notice of this belief to the Office of
				the Attorney General.
B. All
				documents involved in any procurement in which there is a reasonable basis for
				believing that collusion has occurred shall be retained by the procurement
				agency until the Office of the Attorney General gives notice that they may be
				destroyed. These documents shall be made available to the Office of the
				Attorney General immediately on request.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.01 - General Provisions › Section 21.05.01.04 - Reciprocal Preferences-Supplies or Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms
				have the meanings indicated.
(2)
				"Preference" means:
(a) A percentage
				preference;
(b) An employee
				residency requirement; or
(c) Any
				other law, policy, or practice that favors a resident over a
				nonresident.
(3)
				"Resident business" means a business whose principal office or principal base
				of operations is located in the State.
(4) "Services" means services,
				construction-related services, or energy performance contract
				services.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.01 - General Provisions › Section 21.05.01.04-1 - Reciprocal Preferences-Architectural or Engineering Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) In this regulation, the following terms
				have the meanings indicated.
(2)
				"Nonresident firm " means a business entity that:
(a) Has one office that is a principal office
				for the entity and is not located in the State; or
(b) For an entity that has offices in
				multiple states, has not had a principal office located in the State for at
				least 6 months immediately before the date of a request for
				proposals.
(3)
				"Preference" means:
(a) A percentage
				preference;
(b) An employee
				residency requirement; or
(c) Any
				other law, policy, or practice that favors a resident-firm offeror over a
				nonresident-firm offeror.
(4) Principal Office.
(a) "Principal office " means a primary place
				of business that is staffed on a regular basis to provide the services that are
				requested by a unit in a request for proposals.
(b) "Principal office" does not include a
				satellite office or an office that is minimally staffed and is not open on a
				regular basis to provide the services that are requested by a unit in a request
				for proposals.
(5)
				"Request for proposals" means a request for architectural services or
				engineering services that is issued in accordance with State Finance and
				Procurement Article, §
										13-112,
				Annotated Code of Maryland.
(6)
				Resident Firm.
(a) "Resident firm " means a
				business entity that is licensed or otherwise authorized to provide
				architectural or engineering services in the State, and:
(i) For an entity that has one office, the
				office is located in the State; or
(ii) For an entity that has offices in
				multiple states, has had a principal office located in the State for at least 6
				months immediately before the date of a request for proposals.
(b) "Resident firm" includes a
				joint venture that was entered into before the date of the request for
				proposals for which the joint venture submits a proposal and includes one party
				that holds at least a 51 percent interest in the joint venture and meets the
				definition in §A(6)(a) of this regulation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.01 - General Provisions › Section 21.05.01.05 - Permissible Disclosures

Current through Register Vol. 51, No. 14, July 12, 2024
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, a procurement officer may
				  disclose to a person outside the Board of Public Works and the Executive Branch
				  only:
A. Whether a decision has been
				made regarding a solicitation; and
B. Information that is available to the
				public under the Public Information Act, General Provisions Article, Title 4,
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.01 - General Provisions › Section 21.05.01.06 - Record of Solicitation of Inquiries

Current through Register Vol. 51, No. 14, July 12, 2024
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 before
				  contract award, a procurement officer shall record and include in the
				  procurement file the following information from any inquiry originating from
				  any source outside the Executive Branch:
A. The date and time of the
				inquiry;
B. The name and
				affiliation of the person making, or initiating, the inquiry; and
C. The substance and nature of the
				inquiry.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.01 - General Provisions › Section 21.05.01.07 - Procurement Record

Current through Register Vol. 51, No. 14, July 12, 2024
The procurement file on each procurement under COMAR 21.05.02
				  and 21.05.03 or 21.12.02-21.12.05 may be kept electronically and shall
				  include:
A. A record of all inquiries
				required to be recorded under Regulation .06 of this chapter;
B. A listing of every bidder or offeror
				solicited;
C. All bids or offers
				received;
D. All internal and
				external correspondence regarding the procurement;
E. Written documentation from the procurement
				officer describing efforts to confirm the information in the affidavits
				submitted by the successful bidder or offeror, including, at a minimum,
				verification that the business has not been suspended or debarred by the State
				or federal government; and
F. The
				final contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.01 - General Provisions › Section 21.05.01.08 - Procurement Bundling

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				chapter, "bundle" means the consolidation of two or more procurement
				requirements for supplies or services previously provided or performed under
				separate contracts into a single solicitation seeking offers for a single
				contract that is unlikely to be accessible for award to a small business or
				minority business enterprise.
B.
				For the purpose of precluding or limiting participation by a minority business
				enterprise or a small business, a unit may not:
(1) Bundle a procurement;
(2) Limit the number of competitive bidders
				or offerors; or
(3) Limit
				participation to a predetermined group of bidders or offerors.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.01 - Invitation for Bids

Current through Register Vol. 51, No. 14, July 12, 2024
A. Use. The
				invitation for bids is used to initiate a competitive sealed bid
				procurement.
B. Content. The
				invitation for bids shall include the following:
(1) Instructions and information to bidders
				concerning the bid submission requirements, including the time and date set for
				receipt of the bids and the address where bids are to be delivered;
(2) The purchase description, delivery or
				performance schedule, and any special instructions necessary; and
(3) Whether award shall be made on the basis
				of the most favorable bid price or the most favorable evaluated bid price,
				whichever is applicable. If the latter basis is used, the objectively
				measurable criteria to be used shall be set forth in the invitation for
				bids;
(4) The mandatory
				solicitation requirements set forth in COMAR 21.05.08; and
(5) 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 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.02 - Bidding Time

Current through Register Vol. 51, No. 14, July 12, 2024
Bidding time is the period of time between the date of
				  publication of the invitation for bids and the time and date set for receipt of
				  bids. The bidding time shall be a minimum of 20 days.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.03 - Bidder Submissions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Bid
				Form. A form shall be provided on which the bidder shall state the price, sign
				and submit along with all other necessary submissions.
B. Bid Content.
(1) Bids shall be based upon the
				specifications contained in the invitation for bids.
(2) Bids shall be typewritten or written
				legibly in ink.
(3) All erasures or
				alterations shall be initialed by the signer in ink.
(4) All bids shall be signed in
				ink.
(5) The bid shall be submitted
				in an envelope which clearly indicates that it contains a bid.
(6) If specifically permitted by the
				invitation for bids, electronic records and signatures satisfy the requirement
				for written bids and signatures, as provided in the Maryland Uniform Electronic
				Transactions Act, Commercial Law Article, Title 21, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.04 - Public Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Distribution.
				Invitations for bids or notices of the availability of invitations for bids
				shall be mailed or otherwise furnished to a sufficient number of bidders for
				the purpose of securing competition. Notices of availability shall indicate
				where, when, and for how long invitations for bids may be obtained, generally
				describe the supply, service, or construction desired, and may contain other
				appropriate information. A fee or deposit may be charged for the invitation for
				bids documents.
B. Publication.
				Notice of an invitation for bids for which the bid amount is reasonably
				expected to exceed $50,000 shall be published in eMaryland Marketplace unless
				the resulting contract is reasonably expected to be performed entirely outside
				this State or the District of Columbia. Publication shall be at least 20 days
				before the bid submission date. Publication of notice less than 20 days before
				bid submission is defective unless notice of the project is not required by
				State law.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.06 - Master List

Current through Register Vol. 51, No. 14, July 12, 2024
Vendor lists may be compiled by the procurement agency to
				  provide State agencies with the names of businesses that may be interested in
				  competing for various types of State procurement contracts. A Master Vendor
				  list shall be compiled by the Department of General Services as part of the
				  eMaryland Marketplace. Unless otherwise provided, inclusion or exclusion of the
				  name of a business does not indicate whether the business is responsible in
				  respect to a particular procurement or otherwise is capable of successfully
				  performing a State contract. Any person desiring to do business with the State
				  shall register with eMaryland Marketplace using the appropriate services and
				  commodities codes indicating the types or kinds of State procurements for which
				  the vendor wishes to be considered. Out-of-State vendors shall be registered
				  with the Maryland Department of Assessments and Taxation before award of the
				  contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.07 - Pre-Bid Conferences

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pre-bid
				conferences may be conducted by the procurement officer or designee to explain
				the procurement requirements.
B. If
				a pre-bid conference is held, it shall be announced to all prospective bidders
				who were sent an invitation for bids or who are known by the procurement
				officer to have obtained the bidding documents.
C. Any pre-bid conference should be held long
				enough after the invitation for bids has been issued to allow prospective
				bidders to become familiar with it, but sufficiently before bid opening to
				allow consideration of the pre-bid conference results in the preparation of
				bids.
D. Attendance at a pre-bid
				conference may be encouraged, but may not be made mandatory except to the
				extent required under COMAR
				21.11.03.09C(2)(e).
				Nothing stated at the pre-bid conference may change the invitation for bids
				unless a change is made by the procurement officer by written
				amendment.
E. Pre-Bid Conference
				Records.
(1) When a pre-bid conference is held
				in connection with a procurement that is expected to exceed $100,000, the
				procurement officer shall ensure that a written record of the conference is
				prepared as soon as practicable and that the record is sent to all prospective
				bidders who were sent an invitation for bids or who are known by the
				procurement officer to have obtained the solicitation.
(2) When a pre-bid conference is held and a
				conference summary is made, the procurement officer shall ensure that the
				summary is sent to all prospective bidders who were sent an invitation for bids
				or who are known by the procurement officer to have obtained the
				solicitation.
(3) The record or
				summary of a pre-bid conference is a public record that is open to public
				inspection during ordinary business hours.
(4) Electronic records and transmissions of a
				pre-bid conference satisfy the requirements of this regulation.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.08 - Amendments to Invitations for Bids

Current through Register Vol. 51, No. 14, July 12, 2024
A. Form. Each amendment to an invitation for
				bids shall be identified as such and shall require that the bidder acknowledge
				its receipt. The amendment shall reference the portion of the invitation for
				bids it amends. The procurement officer shall authorize the issuance of an
				amendment.
B. Distribution.
				Amendments shall be sent to all prospective bidders who were sent an invitation
				for bids or who are known to the procurement officer to have obtained the
				bidding documents.
C. Timeliness.
				Amendments shall be distributed within a reasonable time to allow prospective
				bidders to consider them in preparing their bids. If the time and date for
				receipt of bids does not permit preparation, the time shall be increased to the
				extent possible in the amendment or, if necessary, by electronic communication
				or telephone and confirmed in the amendment.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.09 - Pre-Opening Modification or Withdrawal of Bids

Current through Register Vol. 51, No. 14, July 12, 2024
A. Procedure. Bids may be modified or
				withdrawn by written notice received in the office designated in the invitation
				for bids before the time and date set for bid opening. If expressly permitted
				in the invitation for bids, notification of bid modification or withdrawal may
				be made by electronic means only in the manner specified in the invitation for
				bids.
B. Disposition of Bid
				Security. If a bid is withdrawn in accordance with this regulation, the bid
				security, if any, shall be returned to the bidder.
C. Records. All documents relating to the
				modification or withdrawal of bids shall be made a part of the appropriate
				procurement file.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.10 - Late Bids, Late Withdrawals, and Late Modifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Policy. Any bid received at the place
				designated in the solicitation after the time and date set for receipt of bids
				is late. Any request for withdrawal or request for modification received at the
				place designated in the solicitation after the time and date set for receipt of
				bids is late.
B. Treatment. A late
				bid, late request for modification, or late request for withdrawal may not be
				considered. Upon the written approval of the Office of the Attorney General,
				exceptions may be made when a late bid, withdrawal, or modification is received
				before contract award, and the bid, modification, or withdrawal would have been
				timely but for the action or inaction of State personnel directing the
				procurement activity or their employees. A late modification of a successful
				bid that makes its terms more favorable to the State shall be considered at any
				time it is received and may be accepted upon the written approval of the Office
				of the Attorney General.
C.
				Records. A record shall be made of each request for late bid acceptance,
				modification, or withdrawal which shall be retained in the appropriate
				procurement file.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.11 - Receipt, Opening, and Posting of Bids

Current through Register Vol. 51, No. 14, July 12, 2024
A. Receipt. Upon receipt of a paper bid or
				bid modification, each bid and modification shall be stored in a secure place
				until the time and date set for bid opening. For online bid submission through
				the eMaryland Marketplace, the system security configuration shall not allow
				bids to be opened prior to the time and date established in the solicitation.
				Before bid opening the State may not disclose the identity of any
				bidder.
B. Opening and Posting.
				Bids and modifications shall be opened publicly, at the time, date, and place
				designated in the invitation for bids. The name of each bidder, the bid price,
				and such other information as is deemed appropriate shall be read aloud or
				otherwise made available. The bids shall be tabulated or a bid abstract made.
				The opened bid shall be available for public inspection at a reasonable time
				after bid opening but in any case before contract award except to the extent
				the bidder designates trade secrets or other proprietary data to be
				confidential as set forth in this title. Material so designated shall accompany
				the bid and shall be readily separable from the bid in order to facilitate
				public inspection of the nonconfidential portion of the bid. Prices, makes, and
				model or catalog numbers of the items offered, deliveries, and terms of payment
				shall be publicly available at a reasonable time after bid opening but in any
				event before contract award regardless of any designation to the contrary at
				the time of bid opening.
C.
				Confidential Data. The procurement officer shall examine the bids to determine
				the validity of any requests for nondisclosure of trade secrets and other
				proprietary data identified in writing. Nondisclosure is permissible only if
				approved by the Office of the Attorney General.
D. Electronic receipt, bid opening, and
				posting of the information required under §B of this regulation shall
				satisfy the requirements of this section.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.12 - Mistakes in Bids

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
				Technicalities or minor irregularities in bids, as defined in COMAR
				21.06.02.04C, may
				be waived if the procurement officer determines that it shall be in the State's
				best interest. The procurement officer may either give a bidder an opportunity
				to cure any deficiency resulting from a technicality or minor irregularity in
				its bid, or waive the deficiency if it is to the State's advantage to do
				so.
B. Mistakes Discovered Before
				Opening. A bidder may correct mistakes discovered before the time and date set
				for bid opening by withdrawing or correcting the bid as provided in Regulation
				.09.
C. Confirmation of Bid. If the
				procurement officer knows or has reason to conclude that a mistake has been
				made, the bidder may be requested to confirm the bid. Situations in which
				confirmation should be requested include obvious, apparent errors on the face
				of the bid or a bid unreasonably lower than the other bids submitted. If the
				bidder alleges mistake, the bid may be corrected or withdrawn upon the written
				approval of the Office of the Attorney General if any of the following
				conditions are met:
(1) If the mistake and
				the intended correction are clearly evident on the face of the bid document,
				the bid shall be corrected to the intended correct bid and may not be
				withdrawn. Examples of mistakes that may be clearly evident on the face of the
				bid document are typographical errors, errors in extending unit prices,
				transposition errors, and arithmetical errors.
(2) A bidder may be permitted to withdraw a
				low bid if:
(a) A mistake is clearly evident
				on the face of the bid document but the intended correct bid is not similarly
				evident; or
(b) The bidder submits
				proof of evidential value which clearly and convincingly demonstrates that a
				mistake was made.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.13 - Bid Evaluation and Award

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				General. The contract is to be awarded to the responsible and responsive bidder
				whose bid meets the requirements and evaluation criteria set forth in the
				invitation for bids, and is either the most favorable bid price or most
				favorable evaluated bid price. A bid may not be evaluated for any requirement
				or criterion that is not disclosed in the invitation for bids.
B. Determination of Most Favorable Bid. Bids
				shall be evaluated to determine which bidder offers the most favorable price to
				the State in accordance with the evaluation criteria set forth in the
				invitation for bids. Only objectively measurable criteria which are set forth
				in the invitation for bids shall be applied in determining the most favorable
				evaluated bid price. The State reserves the right to make the award by item, or
				groups of items, or total bid if it is in the best interest of the State to do
				so unless the bidder specifies in its bid that a partial or progressive award
				is not acceptable.
C. Restrictions.
				Nothing in this regulation shall be deemed to permit a contract award to a
				bidder submitting a higher quality item than that designated in the invitation
				for bids if that bid is not also the most favorable bid. Further, this
				regulation does not permit negotiations with any bidder.
D. Award. Upon determination of the most
				favorable bid, review of the bid for responsiveness, and satisfaction that the
				bidder is responsible, the procurement officer shall, after obtaining all
				required approvals, award the contract to that bidder.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.14 - Tie Bids

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definition. Tie
				bids are responsive bids from responsible bidders that are identical in price,
				terms, and conditions and which meet all the requirements and evaluation
				criteria set forth in the invitation for bids.
B. Award. The award shall be made to the
				in-State business if identical favorable bids are received from an in-State and
				out-of-State bidder. In order for a procurement agency to achieve its overall
				minority participation goal a contract may be awarded as follows pursuant to
				COMAR 21.11.03.10A(1):
(1) If identical favorable bids are received
				from an in-State certified minority business enterprise and an in-State
				non-minority business enterprise, or an out-of-State certified minority
				business enterprise and an out-of-State non-minority business enterprise, the
				award may be made to the certified minority business enterprise.
(2) If identical favorable bids are received
				from tying in-State or out-of-State certified minority business enterprises,
				the award may be made to the certified minority business enterprise having the
				greatest amount of certified minority business enterprise participation in the
				particular contract as determined after obtaining the information required
				under COMAR
				21.11.03.10B.
(3) If identical favorable bids
				are received from tying in-State or out-of-State non-minority business
				enterprises, the award may be made to the non-minority business enterprise
				having the greatest amount of minority participation in the contract, including
				staff, or certified minority business enterprise subcontract participation in
				the contract as determined after obtaining the information required under COMAR
				21.11.03.10B.
(4) If identical favorable bids
				are received from in-State bidders or from out-of-State bidders, and no rules
				for implementing a procedure for resolving a tie bid apply, a drawing shall be
				conducted. A witness shall be present to verify the drawing and shall certify
				the results on the bid tabulation sheet.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.15 - Documentation of Award

Current through Register Vol. 51, No. 14, July 12, 2024
Following an award, a record showing the basis for
				  determining the successful bidder shall be made a part of the procurement
				  file.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.16 - Publicizing Awards

Current through Register Vol. 51, No. 14, July 12, 2024
Written notice of award shall be sent to the successful
				  bidder. Notice of award shall be made available to the public. Notices of award
				  of all contracts pursuant to this chapter shall be published in eMaryland
				  Marketplace by the procurement agency not more than 30 days after the execution
				  and approval of the contract.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.17 - Multi-Step Sealed Bidding

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definition. "Multi-step sealed bidding" means a two-phase process in which
				bidders submit unpriced technical offers or samples, or both, to be reviewed by
				the State and a second phase in which those bidders whose technical offers or
				samples, or both, have been found to be acceptable during the first phase have
				their price bids considered.
B.
				Conditions for Use. Multi-step sealed bidding may be used when it is determined
				by the procurement officer that it is impracticable to initially prepare
				specifications to support an award based solely on bid price.
C. Evaluation.
(1) Once the technical offer or samples, or
				both, have been found to be acceptable, price bids from only those vendors
				whose technical offers or samples, or both, have been found acceptable shall be
				considered and evaluated in accordance with this chapter.
(2) Price bids may be solicited at the same
				time as technical offers, in separate sealed envelopes, or after review of
				technical offers, only from those whose technical offers have been found
				acceptable.
(3) Price information
				may not be opened until the technical review is complete. Price information
				from vendors whose technical offers have been found unacceptable shall be
				returned unopened.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.18 - Disposition of Bids

Current through Register Vol. 51, No. 14, July 12, 2024
When bids are rejected, or a solicitation cancelled after
				  bids are received, the bids which have been opened shall be retained in the
				  procurement file, or if unopened, returned to the bidders upon request and the
				  file so documented.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.19 - Time for Bid Acceptance

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Unless otherwise provided in the invitation for bids, bid prices are
				irrevocable for a period of 90 days following bid opening.
B. After opening bids, the procurement
				officer may request bidders to extend the time during which the State may
				accept their bids, provided that, with regard to bids, no other change is
				permitted.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.20 - Only One Bid

Current through Register Vol. 51, No. 14, July 12, 2024
If only one responsive bid from a responsible bidder is
				  received in response to an invitation for bids (including multi-step bidding),
				  and the procurement officer determines that other prospective bidders had
				  reasonable opportunity to respond, an award under COMAR 21.05.05 may be made to
				  that bidder.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.21 - Multiple or Alternate Bids

Current through Register Vol. 51, No. 14, July 12, 2024
Unless multiple or alternate bids are requested in the
				  solicitation, these bids may not be accepted. However, if a bidder clearly
				  indicates a base bid, it shall be considered for award as though it were the
				  only bid submitted by the bidder. The provisions of this regulation shall be
				  set forth in the solicitation and, if multiple or alternate bids are allowed,
				  it shall specify their treatments.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.22 - Conditioning Bids Upon Other Awards Not Acceptable

Current through Register Vol. 51, No. 14, July 12, 2024
Any bid which is conditioned upon receiving award of both the
				  particular contract being solicited and another State contract shall be deemed
				  nonresponsive and may not be accepted.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.02 - Procurement by Competitive Sealed Bidding › Section 21.05.02.24 - Novation or Change of Name

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				No Assignment. A State contract is not transferrable, or otherwise assignable,
				without the written consent of the procurement officer provided, however, that
				a contractor may assign monies receivable under a contract after due notice to
				the State.
B. Recognition of a
				Successor in Interest Novation. When in the best interest of the State, a
				successor in interest may be recognized in a novation agreement in which the
				transferor and the transferee shall agree that:
(1) The transferee assumes all of the
				transferor's obligations;
(2) The
				transferor waives all rights under the contract as against the State;
				and
(3) Unless the transferor
				guarantees performance of the contract by the transferee, the transferee shall,
				if required, furnish a satisfactory performance bond.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.03 - Procurement by Competitive Sealed Proposals › Section 21.05.03.01 - Preference

Current through Register Vol. 51, No. 14, July 12, 2024
Procurement by competitive sealed proposals is the preferred
				  method for:
A. The procurement of
				human, social, cultural or educational services; and
B. Real property leases.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.03 - Procurement by Competitive Sealed Proposals › Section 21.05.03.02 - Solicitation of Proposals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Content of the
				Request for Proposals. The request for proposals shall include:
(1) Information concerning proposal
				submission requirements, including the date, time, and place for the receipt of
				proposals.
(2) The evaluation
				factors and an indication of the relative importance of each evaluation factor,
				including price.
(3) A work
				statement or scope of services statement, performance schedule, and any special
				instructions.
(4) 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.
(5) A statement of when and how price
				proposals should be submitted.
(6) A
				statement that price proposals are irrevocable for 90 days following the
				closing date for submission of price proposals or best and final offers, if
				requested. However, a procurement officer may reduce or increase the period if
				the procurement officer determines it to be in the State's best interest
				provided that the period is reasonable and is clearly stated in the request for
				proposals.
(7) A statement whether
				multiple or alternate proposals may be submitted and their
				treatments.
(8) The mandatory
				solicitation requirements set forth in COMAR 21.05.08.
(9) All required contract terms and
				conditions.
(10) A requirement that
				the receipt of any amendments to the request for proposals be acknowledged by
				offerors known by the procurement officer to have been issued, or otherwise to
				have received, the request for proposals.
(11) 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 21.05.03 - Procurement by Competitive Sealed Proposals › Section 21.05.03.03 - Evaluation of Proposals, Negotiations and Award

Current through Register Vol. 51, No. 14, July 12, 2024
A. Evaluation.
(1) The evaluation shall be based on the
				evaluation factors set forth in the request for proposals and developed from
				both the work statement and price.
(2) Technical proposals and price proposals
				shall be evaluated independently of each other.
(3) Economic Benefits Evaluation Factor.
(a) This subsection applies only to proposals
				that the procurement officer reasonably expects to exceed $50,000. When a point
				system is used in the evaluation of these proposals, up to 10 percent of the
				total allocable technical points may be awarded under an economic-benefits
				evaluation factor. If a point system is not used, an economic-benefits
				evaluation factor may be included in the technical evaluation factors and be
				ranked in its relative order of importance, as the procurement officer
				determines.
(b) Offerors may be
				asked to demonstrate in their proposals how the contract will benefit the
				Maryland economy. The economic-benefits evaluation factor may include
				consideration of such elements as:
(i) The
				offeror's intended procurements from Maryland subcontractors, suppliers, and
				joint venture partners;
(ii) The
				number of jobs generated for Maryland residents;
(iii) Tax revenues generated to Maryland and
				its political subdivisions;
(iv)
				The amount or percentage of subcontract dollars placed with Maryland small
				businesses and Maryland MBEs.
(c) Offerors may receive up to half of the
				total allocable technical points under an economic-benefits evaluation factor
				for other elements directly or indirectly attributable to the contract that
				contribute to the Maryland economy.
(4) Numerical rating systems may be used but
				are not required.
(5) Factors not
				specified in the request for proposals may not be considered.
(6) Initial evaluations may be conducted and
				recommendation for award made by an evaluation committee. Final evaluations,
				including evaluation of the recommendation of the evaluation committee, if any,
				shall be performed by the procurement officer and the agency head or
				designee.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.03 - Procurement by Competitive Sealed Proposals › Section 21.05.03.04 - Negotiated Overhead Rates

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Scope. This regulation sets forth the policies and procedures governing the
				establishment of overhead rates by negotiation (including determination or
				settlement) for use in cost-reimbursement type contracts.
B. Definitions. For purposes of this
				regulation, the following terms shall have the meanings indicated:
(1) "Billing overhead rate" means a tentative
				percentage or dollar factor which is acceptable to the procurement officer and
				is established for interim reimbursement purposes.
(2) "Negotiated final overhead rate" means a
				percentage or dollar factor which expresses the ratio or ratios mutually agreed
				upon by the procurement officer and the contractor after the close of the
				contractor's fiscal year, unless the parties mutually agree to a different
				period, of allowable indirect expense incurred for direct labor, manufacturing
				cost, cost of sales, or other appropriate allocation or distribution
				base.
(3) "Overhead or indirect
				costs" means the general group of indirect expenses such as those generated in
				manufacturing departments, engineering departments, tooling departments,
				general and administrative departments, and, if applicable, indirect costs
				accumulated by cost centers within these general groups.
(4) "Provisional overhead rate" means a
				tentative percentage or dollar factor mutually agreed upon by the procurement
				officer and the contractor that is negotiated for interim reimbursement pending
				final settlement of the actual allowable overhead.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.03 - Procurement by Competitive Sealed Proposals › Section 21.05.03.05 - Price Negotiation Policies and Techniques

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation sets forth the
				price negotiation policies and techniques applicable to negotiated prime
				contracts and modification to all types of prime contracts and to subcontracts
				which are subject to approval or review.
B. Basic Policy. It is the policy of the
				State to procure from responsible sources at fair and reasonable prices
				calculated to result in the lowest ultimate overall cost to the
				State.
C. Type of Contract. The
				selection of an appropriate contract type and the negotiation of prices are
				related and should be considered together. The circumstances which lead to the
				selection of a given type of contract at the outset may frequently change,
				resulting in a different type of contract being more appropriate during later
				periods.
D. Objective of
				Negotiations. Complete agreement of the parties on all basic issues shall be
				the objective of the negotiations. Except as provided in Regulation .02A(4),
				discussions shall be conducted with qualified offerors to the extent necessary
				to resolve uncertainties relating to the procurement, including the proposed
				price.
E. Pricing Techniques.
(1) General.
(a) This section describes the principal
				price and cost evaluation techniques and the circumstances under which each may
				be used. They are equally applicable to initial and subsequent price
				negotiations.
(b) "Adequate price
				competition" means competition between two or more responsible offerors that
				submitted proposals initially classified by the procurement officer under
				Regulation .03B as reasonably susceptible of being selected for
				award.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.03 - Procurement by Competitive Sealed Proposals › Section 21.05.03.06 - Debriefing of Unsuccessful Offerors

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a contract 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.
				Debriefings shall be provided at the earliest feasible time after the
				procurement officer receives a request for a debriefing and before the contract
				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 contract award.
B. Debriefing.
(1) 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.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.04 - Procurement By Negotiated Award after Unsatisfactory Competitive Sealed Bidding › Section 21.05.04.01 - Conditions for Use

Current through Register Vol. 51, No. 14, July 12, 2024
A. A negotiated
				award may be made under this chapter if, after bids have been opened, all bids
				are rejected pursuant to COMAR
				21.06.02.01B; if
				all bids submitted under COMAR 21.05.02 result in bid prices in excess of the
				funds available for the purchase; or if the procurement officer, with the
				approval of the agency head or designee, determines that all prices received
				are unreasonable as to one or more of the requirements and that:
(1) There are no additional funds available
				to permit an award to the responsible bidder submitting the most favorable bid
				or most favorable evaluated bid; or
(2) Any delay resulting from a resolicitation
				under revised specifications or quantities under competitive sealed bidding as
				provided in COMAR 21.05.02 would be fiscally disadvantageous or would not
				otherwise be in the best interest of this State.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.04 - Procurement By Negotiated Award after Unsatisfactory Competitive Sealed Bidding › Section 21.05.04.02 - Invitation for Revised Bids

Current through Register Vol. 51, No. 14, July 12, 2024
An invitation for revised bids based on revised
				  specifications or quantities shall be issued as promptly as possible, and shall
				  provide for a prompt response to the revised requirements. If the award is to
				  be made without conducting discussions, the invitation for revised bids shall
				  so state.
Code of Maryland Regulations › Title 21 - STATE PROCUREMENT REGULATIONS › Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS › Chapter 21.05.04 - Procurement By Negotiated Award after Unsatisfactory Competitive Sealed Bidding › Section 21.05.04.03 - Discussions

Current through Register Vol. 51, No. 14, July 12, 2024
Discussions may not be conducted with bidders after revised
				  bids have been submitted unless the procurement officer determines that there
				  is compelling need for further negotiation. If there is more than one bidder,
				  any discussions concerning revised specifications or quantities shall be
				  conducted with all responsible bidders. Bidders shall be accorded fair and
				  equal treatment with respect to any discussions.