Md. Code Regs. 21.05.14.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 21.05.14.02 - Invitation for Auction Bids

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.

B. In the discretion of the procurement officer, the invitation for auction bids may:

(1) Include a request for unpriced technical offers or samples;

(2) Direct bidders to submit price bids after the unit evaluates the technical offers or samples and finds they are acceptable under the criteria set forth in the invitation for auction bids; and

(3) Inform all bidders who submitted technical offers or samples of the identity of each bidder who submitted an acceptable technical offer or sample.

C. A unit shall give public notice of an invitation for auction bids in the same manner as required for an invitation for bids under COMAR 21.05.02.

D. The period of time between the date of publication of the invitation for auction bids and the date and time when bidding will commence shall be a minimum of 20 days.

Md. Code Regs. 21.05.14.02

Regulation .02 adopted effective 50:18 Md. R. 800, eff. 9/18/2023