Sec. 14.27.03.07. Procurement by Competitive Sealed Bidding

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 21.05.02.14.

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.