Current through Register Vol. 51, No. 6, March 22, 2024
A. A unit of the
Executive Branch that requires services, supplies, or commodities available
under a master contract may, with the approval of the designated procurement
unit that awarded the master contract, issue a secondary competition
solicitation to master contractors. within that master contract, as follows:
(1) If the unit of the Executive Branch
expects the total cost of the services, supplies, or commodities in the
secondary competition to exceed $100,000, the unit shall issue the secondary
competition solicitation to all master contractors in the appropriate category
in the master contract established by the designated procurement unit;
or
(2) If the unit of the Executive
Branch expects the total cost of the services, supplies, or commodities in the
secondary competition to be $100,000 or less, the unit shall issue the
secondary competition solicitation to a minimum of six master contractors or
all master contractors, whichever is less, in the appropriate category in the
master contract established by the designated procurement unit. If the total
number of master contractors available to be solicited exceeds six, the
procurement officer shall make a written determination including the reasons
why the particular master contractors were selected to be solicited.
B. The master contract shall
specify the type of secondary competition solicitation to be used from the
following:
(1) Task Order Request for
Proposals (TORFP):
(a) To be used when a scope
of work for services, supplies, or commodities requires master contractors to
submit proposals which are then evaluated to determine the most advantageous
award for the State.
(b) A TORFP
shall follow the provisions for Competitive Sealed Proposals and requests for
proposals as set forth in COMAR 21.05.03, except for task order evaluation and
award, which shall follow Regulation .06 of this chapter. The minimum proposal
preparation time requirement in COMAR
21.05.02.02 and the minimum public
notice time requirement in COMAR
21.05.02.04B are
both shortened to at least 10 days from solicitation publication to proposal
submission for a TORFP.
(2) Purchase Order Request for Proposals
(PORFP):
(a) To be used when specific
services, supplies, or commodities are available at a fixed price, typically as
defined in a catalog or price sheet of the master contract.
(b) A PORFP shall follow the provisions for
Competitive Sealed Bidding and invitations for bids as set forth in COMAR
21.05.02, except for purchase order evaluation and award, which shall follow
Regulation .06 of this chapter. The minimum bidding time requirement in COMAR
21.05.02.02 and the minimum public
notice time requirement in COMAR
21.05.02.04B are
both shortened to at least 10 days from solicitation publication to bid
submission for a PORFP.
(3) Request for Resumes (RFR):
(a) To be used when temporary personnel are
required.
(b) An RFR requests
master contractors to submit resumes for qualified candidates in response to a
specific scope of work, with resumes evaluated, candidates interviewed, and
selection made in accordance with Regulation .06 of this chapter
C. The secondary
competition solicitation shall include a statement of the factors that will be
used in evaluating a master contractor's response and the relative importance
of each factor.
D. The secondary
competition solicitation shall include 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.
E. The designated procurement unit that
awarded the master contract may require the secondary competition solicitation
to be reviewed and approved by that designated procurement unit prior to
publication.
