Md. Code Regs. 14.39.03.07

Current through Register Vol. 51, No. 17, August 23, 2024

Section 14.39.03.07 - Competitive Sealed Bidding-One Step Sealed Bidding

A. Prequalification. The LEA may establish procedures to ensure that bidders are responsible. The LEA may require a bidder to be prequalified according to LEA procedures before submitting a bid.

B. Invitation for Bids.

(1) The invitation for bids shall be used to initiate a competitive sealed bid procurement.

(2) The invitation for bids shall include:

(a) Instructions and information concerning bid submission requirements including the date, time, and place for receipt of bids;

(b) Whether electronic bids will be accepted;

(c) Specifications or drawings or both that clearly and accurately describe the functional characteristics of or the nature of the work to be procured;

(d) The delivery or performance schedule;

(e) MBE goals, if applicable;

(f) Prevailing wage requirements, if applicable;

(g) Requirement that bidders acknowledge receipt of each amendment and addendum issued;

(h) Requirement for submission of bid bond;

(i) Information with respect to prebid conference if a conference is to be held;

(j) Requirement for submission of bid affidavit; and

(k) Any other information the LEA requires.

C. Public Notice. The LEA shall publish notice of an invitation for bid at least 14 calendar days before the bid due date in:

(1) eMaryland Marketplace;

(2) An electronic posting or a physical posting on the LEA's bid board; or

(3) A newspaper of general circulation in the LEA's region.

D. Bid Receipt, Opening, Disclosure.

(1) Upon its receipt, each bid shall be stored in a secure place until the time set for bid opening.

(2) Bids shall be opened publicly in the presence of at least one LEA employee and read aloud at the time, date, and place designated in the invitation for bids, or are to be made available to the public through a method in accordance with local policy and procurement practice. The name of each bidder, the bid price, and other appropriate information shall be read aloud or otherwise made available. This information shall be recorded at the time of bid opening. The bids shall be tabulated or a bid abstract made.

(3) Opened bids shall be available for public inspection at a reasonable time after bid opening and before contract award. Bidders may designate trade secrets, financial data, or other proprietary data as confidential; material so designated shall be readily separable from the bid in order to facilitate public inspection of the nonconfidential portion of the bid. The LEA shall examine the bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. All information submitted by bidders is subject to State and local public disclosure laws.

E. IFB Cancellation; Bid Rejection; Irregularities.

(1) Before opening of bids, the LEA may cancel the invitation for bids in whole or in part if the LEA determines that the cancellation is fiscally advantageous or otherwise in its best interest.

(2) After opening of bids but before award, the LEA may reject all bids in whole or in part if the LEA determines that the rejection is fiscally advantageous or otherwise in its best interest.

(3) The LEA may reject any bid in whole or in part if it is in the LEA's best interest to do so. Reasons for rejecting a bid may include that the bidder is not responsible, that the bid is not responsive, that the price is unreasonable, or that the bidder is debarred or otherwise ineligible.

(4) Irregularities.

(a) Minor; Material; Correction.

(i) The LEA may permit a bidder to correct a minor irregularity or may waive a minor irregularity. A minor irregularity is one that is merely a matter of form and not of substance or pertains to an immaterial or inconsequential defect or variation in a bid, the correction or waiver of which would not be prejudicial to other bidders.

(ii) The LEA may not waive or permit a bidder to correct a defect or variation in a bid that is material as to price, quantity, quality, or delivery.

(b) Up to and including the time for bid opening, a bidder may correct a defect or variation with respect to:

(i) Bid bond;

(ii) Acknowledgment of addenda; or

(iii) MBE submission materials.

(c) After bid opening, the LEA may not waive or permit a bidder to correct a defect or variation with respect to these requirements unless the defect or variation is determined to be minor and does not affect the competitiveness of the bid.

F. Bid Evaluation and Award.

(1) The LEA shall award the contract to the responsible bidder who provides the best value and conforms to specifications with consideration given to:

(a) The quantities involved;

(b) The time required for delivery;

(c) The purpose for which required;

(d) The competency and responsibility of the bidder;

(e) The ability of the bidder to perform satisfactory service;

(f) The plan for utilization of minority contractors; and

(g) The price offered by the bidder.

(2) The LEA may not evaluate a bid for any criterion that is not disclosed in the invitation for bids.

G. Single Bidder. If after proper publication of invitation for bid and proper bid opening, the LEA receives one responsive bid, the LEA may:

(1) Award the contract to the single responsible bidder; or

(2) Reissue the invitation for bid.

Md. Code Regs. 14.39.03.07

Regulation .07 amended and recodified 23.03.03.07 effective 46:22 Md. R. 976, eff. 11/4/2019