Md. Code Regs. 21.12.02.05

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

Section 21.12.02.05 - Selection Procedure

A. Candidate List. The Procuring Agency shall establish a list of all consultants who have responded to the solicitation.

B. Qualification Criteria. Beyond the specific criteria to be applied to individual projects, general qualification criteria to be evaluated for each respondent consultant may include, but not be limited to, the following:

(1) Past performance on similar work;

(2) Compatibility of the size of the consultant with the size of the proposed project;

(3) Capacity to accomplish the proposed work in the required time;

(4) Financial responsibility; and

(5) Measures of protection for the State against errors and omissions.

C. Reduced Candidate List. The Procuring Agency's Evaluation Committee shall evaluate the candidate list, and, by applying uniform criteria may, where applicable, establish a reduced candidate list composed of two or more candidates.

D. Notification to Expression of Interest Respondents.

(1) The Procuring Agency shall immediately notify the consultants on the reduced candidate list that they have qualified and can anticipate a request for technical proposals.

(2) The Procuring Agency shall immediately notify the consultants not on the reduced candidate list that they have not qualified and inform them of their rights as follows:

(a) A consultant not on the reduced candidate list is entitled to a debriefing with an Evaluation Committee's representative designated by the Procuring Agency to discuss the non-qualification.

(b) The request for a debriefing shall be written and shall be received by the procurement officer within 7 days of the consultant receiving notice.

E. Request for Technical Proposals.

(1) The Request for Technical Proposals may be combined as a single step with the Expression of Interest, section .04 of this chapter. The procurement officer will make the determination to combine these steps.

(2) If the Technical Proposals are not combined with the Expression of Interest, upon establishment of a reduced candidate list, the requesting agency shall:

(a) Forward the reduced candidate list to the Procurement Officer; and

(b) Prepare and forward to the Procurement Officer a request for technical proposals package, including a description of the project and a comprehensive scope of the services required, major factors/criteria to be used in evaluating proposals, and any other agency requirements.

(3) If the Technical Proposals are not combined with the Expression of Interest, upon receipt of the reduced candidate list and the request for technical proposals package, the Procurement Officer shall send a request for technical proposals to each candidate on the reduced candidate list. The request for proposals shall state that the agency shall conduct contract negotiations with the consultants) which submits the highest rated technical proposals).

F. Pre-Proposal Meeting. If deemed necessary by the agency, at the time the request for proposals is sent out, a date shall be designated for a pre-proposal meeting.

G. Technical Proposal Evaluation and Recommendation.

(1) If requiring an Expression of Interest the technical proposal shall be reviewed by the Procuring Agency for consistency with the Expression of Interest. Substantial modification in either composition or areas of involvement from that shown in the consultant's statement is grounds for disqualification of the proposal. However, upon a showing of compelling justification, the Procuring Agency may accept the proposal, as modified, if this is determined, in the Evaluation Committee's discretion, as necessary. This determination shall be made as soon as practicable on the basis of the justification submitted by the consultant.

(2) The Procuring Agency's Evaluation Committee shall do the following:

(a) Evaluate the technical proposals received in response to the request for proposals.

(b) Make recommendations, based on the steps above, for selection in ranked order to the head of the Procuring Agency or designee.

(3) The head of the Procuring Agency or designee shall either concur with the recommendations of the Procuring Agency's Evaluation Committee or in the event of non-concurrence, shall document the reasons for non-concurrence and request reconsideration of the recommendations by the Procuring Agency's Evaluation Committee.

H. Notification to Respondents.

(1) The Procurement Officer shall immediately notify the top-ranked consultant(s) and explain what subsequent actions are to be taken.

(2) The Procurement Officer shall immediately notify the other non-selected consultant(s) and inform them of their ranking and their rights as follows:

(a) The consultants) are entitled to a debriefing to discuss their status. The request for a debriefing shall be written and must be received by the procurement officer within 7 days of the consultant receiving notice.

(b) A consultant still dissatisfied after the debriefing is entitled to protest the decision in accordance with COMAR 21.02.02.

I. Contract Negotiations.

(1) The Negotiation Team shall be designated by the Procuring Agency for the purpose of conducting contract negotiations.

(2) Contract negotiations shall be initiated as follows:

(a) The Procuring Agency, through the Negotiation Team, shall initiate contract negotiations with the consultant(s) which the Procuring Agency's Evaluation Committee has ranked highest based on the evaluation of the technical proposals.

(b) In those cases where the agency desires to award two or more open-end contracts, negotiations may be conducted simultaneously with two or more of the consultants which have submitted the highest rated technical proposals.

(3) The agency shall determine that the negotiated price and all rates to be paid under the contract are fair, competitive, and reasonable. In making that determination, the agency shall:

(a) Consider the scope and complexity of the professional services required; and

(b) Conduct a detailed analysis of the cost of the services.

(4) In cases of unsuccessful negotiations, the agency shall act as follows:

(a) If the agency is unable to negotiate a satisfactory contract with the highest ranked consultant at a price which it determines to be fair, competitive, and reasonable, the agency, with the approval of the agency head or designee, shall terminate negotiations with that consultant. The agency then shall negotiate with the second-ranked consultant in the same manner. If agreement cannot be reached with the second-ranked consultant, the Procuring Agency shall negotiate with other ranked consultants, consecutively in their order of ranking until award or a decision to suspend negotiations and cancel the solicitation has been made by the Procuring Agency.

(b) In those cases when simultaneous negotiations are being conducted with two or more consultants for the awarding of open-end contracts, and the agency is unable to negotiate a satisfactory contract with any of the highest ranked consultants, the agency then shall negotiate with other ranked consultants consecutively in their order of ranking until award or a decision to suspend negotiations and cancel the solicitation has been made by the Procuring Agency.

(5) If the agency is unable to negotiate a satisfactory contract with any of the Consultants selected and ranked by the Procuring Agency's Evaluation Committee, the Procurement Officer shall request the:

(a) Evaluation committee to make recommendations for the selection of additional consultants, in ranked order; and

(b) Negotiation team to continue negotiations in accordance with this section until a satisfactory agreement is reached; or

(c) Terminate the solicitation.

(6) The negotiation team shall submit its recommendations to the head of the agency or designee for concurrence.

Md. Code Regs. 21.12.02.05

Regulations .05 amended effective 45:6 Md. R. 321, eff. 3/26/2018