Md. Code Regs. 21.05.13.05

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

Section 21.05.13.05 - Secondary Competition Solicitation

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.

B. The master contract shall specify the type of secondary competition solicitation to be used from the following:

(1) Task Order Request for Proposals (TORFP):

(a) To be used when a scope of work for services, supplies, or commodities requires master contractors to submit proposals which are then evaluated to determine the most advantageous award for the State.

(b) A TORFP shall follow the provisions for Competitive Sealed Proposals and requests for proposals as set forth in COMAR 21.05.03, except for task order evaluation and award, which shall follow Regulation .06 of this chapter. The minimum proposal preparation time requirement in COMAR 21.05.02.02 and the minimum public notice time requirement in COMAR 21.05.02.04B are both shortened to at least 10 days from solicitation publication to proposal submission for a TORFP.

(2) Purchase Order Request for Proposals (PORFP):

(a) To be used when specific services, supplies, or commodities are available at a fixed price, typically as defined in a catalog or price sheet of the master contract.

(b) A PORFP shall follow the provisions for Competitive Sealed Bidding and invitations for bids as set forth in COMAR 21.05.02, except for purchase order evaluation and award, which shall follow Regulation .06 of this chapter. The minimum bidding time requirement in COMAR 21.05.02.02 and the minimum public notice time requirement in COMAR 21.05.02.04B are both shortened to at least 10 days from solicitation publication to bid submission for a PORFP.

(3) Request for Resumes (RFR):

(a) To be used when temporary personnel are required.

(b) An RFR requests master contractors to submit resumes for qualified candidates in response to a specific scope of work, with resumes evaluated, candidates interviewed, and selection made in accordance with Regulation .06 of this chapter

C. The secondary competition solicitation shall include a statement of the factors that will be used in evaluating a master contractor's response and the relative importance of each factor.

D. The secondary competition solicitation shall include 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.

E. The designated procurement unit that awarded the master contract may require the secondary competition solicitation to be reviewed and approved by that designated procurement unit prior to publication.

Md. Code Regs. 21.05.13.05

Regulation .05 adopted effective 46:5 Md. R. 310, eff. 3/11/2019; amended effective 49:9 Md. R.531, eff. 5/2/2022; amended effective 50:18 Md. R. 800, eff. 9/18/2023