Md. Code Regs. 15.01.19.08

Current through Register Vol. 52, No. 1, January 10, 2025

Section 15.01.19.08 - Amendment of Procurement Bid

A. If, at any time after submission of a bid or proposal and before execution of a contract, a bidder or offeror determines that a Certified Local Farm Enterprise listed on the Certified Local Farm Enterprise participation schedule has become or will become unavailable or ineligible to provide the food products required under the contract, then the bidder or offeror:

(1) Within 72 hours of making the determination, shall provide written notice to the procurement officer; and

(2) Within 5 business days of making the determination, may make a written request to the procurement officer to amend the Certified Local Farm Enterprise participation portion of the bid.

B. For purposes of this regulation, "ineligible" means a farm enterprise may not be counted toward meeting the goal of 20 percent of the unit's total dollar value of a procurement contract because the farm enterprise is no longer certified by the Office.

C. The request to amend the Certified Local Farm Enterprise participation shall include:

(1) An explanation of the reason for excluding the ineligible supplier;

(2) The name of each Certified Local Farm Enterprise that will substitute for the ineligible supplier; and

(3) A full description of the bidder's or offeror's efforts to substitute another Certified Local Farm Enterprise to supply the food that the unavailable or ineligible Certified Local Farm Enterprise would have supplied.

D. If a bidder or offeror cannot designate a substitute Certified Local Farm Enterprise for an ineligible supplier, the bidder or offeror's bid may be disqualified.

E. If, during the term of a procurement contract, a Certified Local Farm Enterprise becomes decertified, the bidder or offeror shall designate within 30 calendar days a substitute Certified Local Farm Enterprise to complete the contract obligations.

Md. Code Regs. 15.01.19.08

Regulation .08 adopted effective 49:2 Md. R. 76, eff. 12/16/2021; amended effective 49:7 Md. R.469, eff. 4/4/2022