Md. Code Regs. 21.05.03.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 21.05.03.02 - Solicitation of Proposals

A. Content of the Request for Proposals. The request for proposals shall include:

(1) Information concerning proposal submission requirements, including the date, time, and place for the receipt of proposals.

(2) The evaluation factors and an indication of the relative importance of each evaluation factor, including price.

(3) A work statement or scope of services statement, performance schedule, and any special instructions.

(4) 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.

(5) A statement of when and how price proposals should be submitted.

(6) A statement that price proposals are irrevocable for 90 days following the closing date for submission of price proposals or best and final offers, if requested. However, a procurement officer may reduce or increase the period if the procurement officer determines it to be in the State's best interest provided that the period is reasonable and is clearly stated in the request for proposals.

(7) A statement whether multiple or alternate proposals may be submitted and their treatments.

(8) The mandatory solicitation requirements set forth in COMAR 21.05.08.

(9) All required contract terms and conditions.

(10) A requirement that the receipt of any amendments to the request for proposals be acknowledged by offerors known by the procurement officer to have been issued, or otherwise to have received, the request for proposals.

(11) 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. Public notice shall be given in the same manner provided for invitation for bids under COMAR 21.05.02.04D.

C. Proposal Preparation Time. The time for preparing proposals shall be in accordance with COMAR 21.05.02.02D.

D. Pre-Proposal Conference. Pre-proposal conferences may be held in accordance with COMAR 21.05.02.07D.

E. Amendments to Requests for Proposals. Amendments to requests for proposals shall be made in accordance with COMAR 21.05.02.08D.

F. Late Proposals, Withdrawals, and Modifications. Any proposal, withdrawal, or modification received after the established due date and time at the place designated for receipt of proposals is late and may only be considered in accordance with COMAR 21.05.02.10D.

G. Receipt of Proposals.

(1) Proposals and modifications shall either be held in a secure place if paper submission or remain locked via the eMaryland Marketplace per approved security configurations until the established due date. Proposals shall not be opened publicly but, in the event a paper submission is received, shall be opened in the presence of at least two State employees. 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 contract pursuant to Regulation .03F of this chapter. After contract 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. 21.05.03.02

Regulation .02G amended as an emergency provision effective April 7, 1989 (16:8 Md. R. 906); amended permanently effective June 26, 1989 (16:12 Md. R. 1338)
Regulation .02G amended effective January 26, 1998 (25:2 Md. R. 79); amended effective 46:5 Md. R. 310, eff. 3/11/2019; amended effective 47:13 Md. R. 643, eff. 6/29/2020; amended effective 49:9 Md. R.531, eff. 5/2/2022; amended effective 50:18 Md. R. 800, eff. 9/18/2023