Md. Code Regs. 21.05.13.03

Current through Register Vol. 51, No. 18, September 6, 2024

Section 21.05.13.03 - Solicitations for Awarding Master Contractor Agreements

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.

B. Public Notice.

(1) Distribution. Solicitations or notices of the availability of solicitations shall be mailed or otherwise furnished to a sufficient number of vendors for the purpose of securing competition. Notices of availability shall indicate where, when, and for how long solicitations may be obtained, generally describe the service, supply, or commodity desired, and may contain other appropriate information.

(2) Publication. Notice of solicitations for which the proposal is reasonably expected to exceed $50,000 shall be published in eMaryland Marketplace unless the resulting master contractor agreement is reasonably expected to be performed entirely outside this State or the District of Columbia. Publication shall be at least 20 days before the proposal submission date. Publication of notice less than 20 days before proposal submission is defective unless notice of the project is not required by State law

C. Proposal preparation time is the period of time between the date of publication of the solicitation and the time and date set for receipt of proposals. The proposal preparation time shall be a minimum of 20 days.

D. Pre-Proposal Conferences.

(1) Pre-proposal conferences may be conducted by the procurement officer or designee to explain the procurement requirements.

(2) If a pre-proposal conference is held, it shall be announced to all prospective offerors who were sent a solicitation or who are known by the procurement officer to have obtained the solicitation documents.

(3) Any pre-proposal conference should be held long enough after the solicitation has been issued to allow prospective offerors to become familiar with it, but sufficiently before proposal opening to allow consideration of the pre-proposal conference results in the preparation of proposals.

(4) Attendance at a pre-proposal 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-proposal conference may change the solicitation unless a change is made by the procurement officer by written amendment.

(5) Pre-Proposal Conference Records.

(a) When a pre-proposal 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 offerors who were sent a solicitation or who are known by the procurement officer to have obtained the solicitation.

(b) When a pre-proposal conference is held and a conference summary is made, the procurement officer shall ensure that the summary is sent to all prospective offerors who were sent a solicitation or who are known by the procurement officer to have obtained the solicitation.

(c) The record or summary of a pre-proposal conference is a public record that is open to public inspection during ordinary business hours.

(d) Electronic records and transmissions of a pre-bid conference satisfy the requirements of this regulation.

(6) Electronic Pre-Proposal Conferences.

(a) Electronic pre-proposal conferences may be conducted if specifically permitted or required in the solicitation.

(b) An electronic pre-proposal conference shall permit interactive communication between all prospective offerors and the procurement officer.

(c) If pre-proposal conferences are conducted by electronic means, prospective offerors shall be notified of the:

(i) Date and time set for the electronic pre-proposal conference; and

(ii) Manner and duration of the interactive session.

E. Amendments to Solicitations.

(1) Form. Each amendment to a solicitation shall be identified as such and shall require that the offeror acknowledge its receipt. The amendment shall reference the portion of the solicitation it amends. The procurement officer shall authorize the issuance of an amendment.

(2) Distribution. Amendments shall be sent to all prospective offerors who were sent a solicitation or who are known to the procurement officer to have obtained the solicitation documents.

(3) Timeliness. Amendments shall be distributed within a reasonable time to allow prospective offerors to consider them in preparing their proposals. If the time and date for receipt of proposals 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.

F. late Proposals, Withdrawals, and Modifications.

(1) Policy. Any proposal received at the place designated in the solicitation after the time and date set for receipt of proposal 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 proposals is late.

(2) Treatment. A late proposal, 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 proposal, withdrawal, or modification is received before master contractor agreement award, and the proposal, 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 proposal 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.

(3) Records. A record shall be made of each request for late proposal acceptance, modification, or withdrawal which shall be retained in the appropriate procurement file.

G. Receipt of Proposals.

(1) Proposals and modifications shall be held in a secure place until the established due date. Proposals may not be opened publicly but shall be opened in the presence of at least two State employees. After the established due date, a register of proposals shall be prepared that identifies each offeror.

(2) The identity of an offeror and the register of proposals may not be disclosed before the procurement officer makes a determination recommending the award of the master contractor agreement pursuant to Regulation .04B of this chapter. After master contractor agreement award, proposals shall be open to public inspection subject to the provisions of the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.

Md. Code Regs. 21.05.13.03

Regulation .03 adopted effective 46:5 Md. R. 310, eff. 3/11/2019; amended effective 50:18 Md. R. 800, eff. 9/18/2023