The Repository of State Practices (RoSP) is a database of state procurement statutes, regulations, and policies. NASPO’s Research and Innovation team continually update the RoSP. Bid Protest bid-protest rosp_category Statutory, regulatory, and procedural guidance for bid protests raw MD ADC 21.10.02.03
A. A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the closing date for receipt of initial proposals shall be filed before bid opening or the closing date for receipt of initial proposals. For procurement by competitive sealed proposals, alleged improprieties that did not exist in the initial solicitation but which are subsequently incorporated in the solicitation shall be filed not later than the next closing date for receipt of proposals following the incorporation.
B. In cases other than those covered in §A, protests shall be filed not later than 7 days after the basis for protest is known or should have been known, whichever is earlier.
C. The term “filed” as used in §A or §B means receipt by the procurement officer. Protesters are cautioned that protests should be transmitted or delivered in the manner that shall assure earliest receipt. A protest received by the procurement officer after the time limits prescribed in §A or §B may not be considered.
D. If a solicitation permits filing of a protest by electronic means, a protest is received when it is delivered to the location and within the time limits specified in the solicitation.
http://www.dsd.state.md.us/comar/comarhtml/21/21.10.02.03.htm Public Link: Statutory Guidance Bid Responsiveness bid-responsiveness rosp_category Statutory, regulatory, and procedural guidance for bid responsiveness raw MD STATE FIN & PROC § 13-103(e)(4); MD STATE FIN & PROC § 13-103(a)(1)
MD STATE FIN & PROC § 13-103(e)(4)
(4) A responsive bid or proposal shall include the criteria specified in subsection (a) of this section.
MD STATE FIN & PROC § 13-103(a)(1)
(a)(1) Whenever procurement is based on competitive sealed bids, a procurement officer shall seek bids by issuing an invitation for bids.
(2) Subject to subsection (b) of this section, an invitation for bids shall include:
(i) the specifications of the procurement contract, including the expected degree of minority business enterprise participation, as provided in § 14-303(b) of this article;
(ii) whether the procurement contract will be awarded based on the lowest bid price, the lowest evaluated bid price or, if the procurement is subject to § 11-202(3) of this article, the bid most favorable to the State;
(iii) if the procurement contract will be based on evaluated bid price, the objective measurable criteria by which the lowest evaluated bid price will be determined; and
(iv) if the Secretary of General Services, the Secretary of Transportation, or the Chancellor of the University System of Maryland has so designated, the small business preference.
https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText Public Link: Yes Bidder Responsibility bidder-responsibility rosp_category Statutory, regulatory, and procedural guidance for bidder responsibility raw MD ADC 21.06.01.01
B. A procurement officer may find that a person is not a responsible bidder or offeror for:
(1) Unreasonable failure to supply information promptly in connection with a determination of responsibility under this chapter; or
(2) Any other reason indicating that the person does not have:
(a) The capability in all respects to perform fully the contract requirements, or
(b) The integrity and reliability that will assure good faith performance.
http://www.dsd.state.md.us/comar/comarhtml/21/21.06.01.01.htm Public Link: Yes Contract Claim contract-claim rosp_category Statutory, regulatory, and procedural guidance for contract claims before a specialized body raw MD ADC 21.10.04.02
A. Unless a lesser period is prescribed by law or by contract, a contractor shall file a written notice of a claim relating to a contract with the appropriate procurement officer within 30 days after the basis for the claim is known or should have been known, whichever is earlier.
B. Contemporaneously with or within 90 days of the filing of a notice of a claim on a construction contract, or 30 days of this filing on a nonconstruction contract, but no later than the date that final payment is made, a contractor shall submit the claim to the appropriate procurement officer. On conditions the procurement officer considers satisfactory to the unit, the procurement officer may extend the time in which a contractor, after timely submitting a notice of claim, must submit a contract claim under a procurement contract for construction. An example of when a procurement officer may grant an extension includes situations in which the procurement officer finds that a contemporaneous or timely cost quantification following the filing of the notice of claim is impossible or impractical. The claim shall be in writing and shall contain:
(1) An explanation of the claim, including reference to all contract provisions upon which it is based;
(2) The amount of the claim;
(3) The facts upon which the claim is based;
(4) All pertinent data and correspondence that the contractor relies upon to substantiate the claim; and
(5) A certification by a senior official, officer, or general partner of the contractor or the subcontractor, as applicable, that, to the best of the person’s knowledge and belief, the claim is made in good faith, supporting data are accurate and complete, and the amount requested accurately reflects the contract adjustment for which the person believes the procurement agency is liable.
C. A notice of claim or a claim that is not filed within the time prescribed in Regulation .02 of this chapter shall be dismissed.
D. Each procurement contract shall provide notice of the:
(1) Time requirements of this regulation; and
(2) Acceptable methods of filing a claim, including whether and how claims may be filed by electronic means.
E. A claim may be filed by electronic means only if expressly permitted and in the manner specified by the contract.
http://www.dsd.state.md.us/comar/comarhtml/21/21.10.04.02.htm Public Link: Statutory Guidance Contract Claim Appeal contract-claim-appeal rosp_category Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body raw MD ADC 21.10.04.09
A. An appeal to the Appeals Board shall be mailed or otherwise filed within 30 days of the receipt of notice of the final decision. The notice shall indicate that an appeal is intended, shall reference the decision from which the appeal is being taken, and shall identify the contract involved.
B. An appeal based upon a failure to reach a decision within the period prescribed in Regulation .04E of this chapter may be filed after the expiration of the prescribed period. If a procurement officer’s decision is issued after the expiration of the prescribed period but before a notice of appeal is filed with the Appeals Board, §A of this regulation applies to any subsequent appeal.
C. A copy of the notice of appeal shall be furnished to the procurement officer.
D. An appeal received by the Appeals Board after the time prescribed in §A or B of this regulation may not be considered unless it was sent by registered or certified mail not later than the fifth day before the final date for filing an appeal as specified in §A or B of this regulation. A date affixed by postage meter will not be considered as evidence of the actual mailing date. The only acceptable evidence to establish the date of mailing shall be the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If the postmark is illegible, the appeal shall be deemed to have been filed when received by the Appeals Board.
http://www.dsd.state.md.us/comar/comarhtml/21/21.10.04.09.htm Public Link: Statutory Guidance Evaluation Committees evaluation-committees rosp_category The rules concerning the size and composition of evaluation committees for formal solicitations raw COMAR Sec. 21.05.03.03
(6) Initial evaluations may be conducted and recommendation for award made by an evaluation committee. Final evaluations, including evaluation of the recommendation of the evaluation committee, if any, shall be performed by the procurement officer and the agency head or designee.
http://mdrules.elaws.us/comar/21.05.03.03 Public Link 1: The procurement officer and the agency head or a designee Goods and Services Procurement goods-and-services-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of goods and services raw MD STATE FIN & PROC § 12-107
(a) This section does not apply to capital expenditures by the Department of Transportation or the Maryland Transportation Authority, in connection with State roads, bridges, or highways, as provided in § 12-202 of this title.
In general
(b) Subject to the authority of the Board, jurisdiction over procurement is as follows:
(1) the State Treasurer may engage in or control procurement of banking and financial services, insurance, and insurance services, as provided in Division I of this article and Article VI, § 3 of the Maryland Constitution;
(2) the Department of General Services may:…
https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText Public Link: Partial Delegation to Agencies Multistep Competitive Sealed Bidding multistep-competitive-sealed-bidding rosp_category State authority to conduct multistep competitive sealed bidding raw MD STATE FIN & PROC § 13-103
(b)(1) Whenever a procurement officer determines that an initial preparation of specifications for price bids is impracticable, the invitation for bids may:
(i) include a request for unpriced technical offers or samples; and
(ii) direct bidders to submit price bids:
1. with the unpriced technical offers or samples; or
2. after the unit evaluates the technical offers or samples and finds that they are acceptable under the criteria set forth in the invitation for bids.
(2) A unit shall consider the prices submitted by bidders whose technical offers or samples have been found acceptable.
(3) Price bids may not be opened until after the unit has completed evaluation of the technical offers or samples.
(4)(i) A price bid may not be opened at any time if the bid is submitted by a bidder whose technical offer or sample has been evaluated as unacceptable to the unit.
(ii) A procurement officer shall return an unopened price bid submitted by a bidder whose technical offer or sample has been evaluated as unacceptable.
Public notice of invitations for bids
(c)(1) A unit shall give public notice of an invitation for bids before bid opening in accordance with this subsection.
(2) A unit shall give reasonable notice that shall be at least 10 days before bid opening.
(3) The unit shall publish notice in eMaryland Marketplace at least 20 days before bid opening if:
(i) the procurement officer reasonably expects bid prices to exceed $50,000 or a lower amount set by the Board by regulation in accordance with Title 10, Subtitle 1 of the State Government Article; and
(ii) at least part of the procurement contract is to be performed in this State or the District of Columbia.
(4) In addition to any notice required under this subsection, a unit may publish notice of an invitation for bids:
(i) on a bid board or eMaryland Marketplace; or
(ii) in a newspaper, periodical, or trade journal.
https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText Public Link: Full Authorization Procurement Website procurement-website rosp_category Official state procurement website for public raw https://procurement.maryland.gov/ Public Link: Protest Appeals protest-appeals rosp_category Statutory, regulatory, or procedural guidance for protest appeals before a specialized body raw MD ADC 21.10.02.10
A. Protesters are required to seek resolution of their complaints initially with the procurement agency. A subsequent appeal by an interested party to the Appeals Board shall be filed within 10 days of receipt of notice of the final procurement agency action.
B. An appeal received by the Appeals Board after the time prescribed in §A of this regulation may not be considered unless it was sent by registered or certified mail not later than the fifth day before the final date for filing an appeal as specified in §A of this regulation. A date affixed by postage meter will not be considered as evidence of the actual mailing date. The only acceptable evidence to establish the date of mailing shall be the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If the postmark is illegible, the appeal shall be deemed to have been filed when received by the Appeals Board.
http://www.dsd.state.md.us/comar/comarhtml/21/21.10.02.10.htm Public Link: Statutory Guidance Public Notice public-notice rosp_category The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals raw COMAR Sec. 21.05.02.02
Bidding time is the period of time between the date of publication of the invitation for bids and the time and date set for receipt of bids. The bidding time shall be a minimum of 20 days.
http://mdrules.elaws.us/comar/21.05.02.02 Public Link 1: 20 Days Reverse Auctions reverse-auctions rosp_category State authority to conduct reverse auctions raw MD ST PERS & PENS § 2-502.2
(b) It is the intent of the General Assembly to optimize prescription drug savings by the State through:
(1) adoption of a reverse auction process for the selection of a pharmacy benefits manager for the Program;
(2) electronic review and validation of pharmacy benefits manager claims invoices as the foundation for reconciling pharmacy bills;
(3) market checks of the incumbent pharmacy benefits manager’s prescription drug pricing; and
(4) limiting independent pharmacies from unsustainable reimbursement practices while preventing a reduction in employee benefits.
https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText Public Link: Partial Authorization State Procurement Manual state-procurement-manual rosp_category Official state procurement manual available to public raw https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/07/MarylandProcurementManual.pdf Public Link: State Statutes and Regulations state-statutes-and-regulations rosp_category State databases of statutes and regulations raw https://mgaleg.maryland.gov/mgawebsite/laws/statutes Resource Public Link 1: Resource 1: State Finance and ProcurementDivision II. General Procurement Law [Titles 11-End] http://mdrules.elaws.us/comar Resource Public Link 2: Resource 2: Title 21 State Procurement Regulations State-Wide Contracts state-wide-contracts rosp_category Awarded contracts as provided by each state raw https://dgs.maryland.gov/Pages/Procurement/BidsAwards.aspx State-Wide Contracts Link: Supplier Registration supplier-registration rosp_category Information for suppliers as provided by each state raw https://emma.maryland.gov/page.aspx/en/usr/login Supplier Registration Link: Technology Procurement technology-procurement rosp_category State entity with the statutory authority and oversight for the purchasing of technology raw MD ADC 21.11.14.04 Department of Information Technology (IT Goods)