Current through Register Vol. 51, No. 19, September 20, 2024
A. Applicability. This regulation applies to
any procurement of the Service except as provided in Regulations .06D and .08 -
.11 of this chapter.
B. Invitations
for Bids. The Service shall initiate a procurement by competitive sealed
bidding by issuing an invitation for bids. The invitation for bids shall
include a written bid form based on the specifications, a statement that the
bidder agrees to all terms and conditions, provisions and addenda, if any, to
the invitation for bids, the time and place of bid opening, and such other
information as the Service reasonably considers necessary. The Service may
require bidders to submit samples or descriptive literature.
C. Prebid Conferences. The Service may
conduct prebid conferences, and may require that attendance by bidders be
mandatory.
D. Bid Modifications. A
bidder may modify or withdraw a bid before bid opening by submitting written
notice to the Service. The Service shall return bid security to a bidder if the
bidder withdraws its bid in accordance with this regulation.
E. Late Bids, Late Withdrawals, Late
Modifications.
(1) The Service may not
consider a bid, bid withdrawal, or bid modification received after the bid
opening time and date, except that the Service may consider a late bid, late
withdrawal, or late modification if the delay was substantially caused by the
Service. The bidder is solely responsible for timely receipt of its
bid.
(2) A late modification of a
successful bid that makes the terms more favorable to the Service may be
considered and accepted by the Service at any time before contract
award.
F. Receipt and
Opening of Bids.
(1) The Service shall store
bids in a secure location before bid opening.
(2) The Service may not disclose the identity
of any bidder before bid opening.
(3) An employee of the Service shall open
bids publicly, read aloud the bids, and record the bids at the date, time, and
place set for bid opening in the bid notice. Opened bids shall be available for
public inspection to the extent required by General Provisions, Title 4,
Subtitle 2, Annotated Code of Maryland. Proprietary information shall be
examined by the procurement officer to determine validity of nondisclosure. The
Service may not disclose proprietary information submitted by a bidder, except
as required by law. Prices, makes, models, catalog numbers, delivery, and
payment terms shall be made available for public inspection.
(4) After bids have been opened, the Service
shall prepare a bid tabulation.
(5)
A bidder shall acknowledge receipt of bid addenda.
G. Bid Mistakes.
(1) The procurement officer may waive
technicalities or minor irregularities in a bid.
(2) Before award, a successful bidder may be
permitted to withdraw its bid if the bidder presents clear and convincing
evidence to the procurement officer that an error has been made, or if an error
is obvious from the face of the bid documents.
(3) If an error and the intended correction
of a bid are evident on the face of the bid documents, the bid shall be
corrected and may not be withdrawn.
(4) After contract award, a mistake in a bid
may only be corrected if the Service determines that it would be unconscionable
not to permit correction. The Service may not allow any change in
price.
H. Bid Evaluation
and Award. The contract shall be awarded to the responsible bidder submitting
the most favorable responsive bid.
I. Tie Bids. If responsive tie bids are
received from two or more responsible bidders, the Service shall award the
contract in the same manner as provided in COMAR
21.05.02.14B.
J. Conditional Bids. The Service
shall reject as nonresponsive any conditional bid.
K. Procurement by Negotiated Award After
Unsatisfactory Competitive Sealed Bidding.
(1) The Service may conduct discussion with
bidders if, after bids have been opened:
(a)
All bids are rejected pursuant to Regulation .12 of this chapter;
(b) All bids submitted result in bid prices
in excess of funds available; or
(c) The procurement officer determines that
all prices received are unreasonable as to one or more of the Service's
requirements and:
(i) There are no funds
available to permit an award to the responsible bidder submitting the most
favorable bid, or
(ii) A delay
resulting from a resolicitation under revised specifications or quantities
under competitive sealed bidding would be disadvantageous or not otherwise in
the best interest of the Service.
(2) The Service may request bidders to submit
revised bids. The Service may conduct discussions with bidders after revised
bids have been submitted if the procurement officer determines that there is a
compelling need for further discussions. If there is more than one bidder, then
any discussions concerning revised specifications or quantities shall be
conducted with all responsible bidders.
