Md. Code Regs. 14.39.03.09

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

Section 14.39.03.09 - Quality-Based Selection

A. General. Quality-based selection means a method of source selection based on a combination of qualification and cost factors.

B. Request for Proposals.

(1) The request for proposals is used to initiate a quality-based selection procurement.

(2) The request for proposals shall include:

(a) Instructions and information concerning proposal submission requirements including the date, time, and place for receipt of proposals;

(b) Whether electronic proposals will be accepted;

(c) Specifications, drawings, or both, that clearly and accurately describe the functional characteristics of or the nature of the work to be procured, delivery or performance schedule, and any special instructions;

(d) The evaluation factors and an indication of the relative importance of each evaluation factor including price;

(e) MBE goals, if applicable;

(f) Prevailing wage requirements, if applicable;

(g) Information with respect to preproposal conference if a conference is to be held;

(h) Requirement for submission of proposal affidavit;

(i) Requirement that offerors acknowledge receipt of each amendment and addendum issued;

(j) Requirement for submission of bid bond; and

(k) Any other information the LEA requires.

(3) LEAs may request that qualification factors in the proposal be submitted separately from price information.

C. Public Notice. The LEA shall publish notice of a request for proposals at least 14 calendar days before the proposal due date in:

(1) eMaryland Marketplace;

(2) An electronic posting or a physical posting on the LEA's bid board; or

(3) A newspaper of general circulation in the LEA's region.

D. Proposal Receipt. The LEA shall keep submitted proposals in a secure place until the due date. Proposals may not be opened publicly but shall be opened in the presence of at least two LEA employees.

E. Proposal Disclosure. Offerors shall indicate clearly the portions of their proposals that they consider confidential information. All information submitted by offerors is subject to State and local public disclosure laws.

F. Proposal Evaluation.

(1) The LEA shall evaluate the proposal based on the evaluation factors set forth in the request for proposals.

(2) Evaluation factors shall include:

(a) Offeror's understanding of scope of the work;

(b) Offeror's prior experience with projects of similar size and scope, and if offeror is a joint venture, experience for at least one of the members of the joint venture entity;

(c) Offeror's plan for management of the project and organizational structure proposed for the project;

(d) Experience of offeror's individual staff members with projects of similar size and complexity;

(e) MBE plan, if applicable;

(f) Other qualification factors that the LEA sets forth; and

(g) Price.

(3) Interviews may be conducted as a component of the qualification process.

G. IFB Cancellation; Proposal Rejection; Irregularities.

(1) Before opening of proposals, the LEA may cancel the request for proposals in whole or in part if the LEA determines that the cancellation is fiscally advantageous or otherwise in its best interest.

(2) After opening of proposals but before award, the LEA may reject all proposals in whole or in part if the LEA determines that the rejection is fiscally advantageous or otherwise in its best interest.

(3) The LEA may reject any proposal in whole or in part if it is in the LEA's best interest to do so. Reasons for rejecting a proposal include that the offeror is not responsible, that the proposal is not susceptible of award, that the price is unreasonable, or that the offeror is debarred or otherwise ineligible.

(4) Irregularities.

(a) Minor; Material; Correction.

(i) The LEA may permit an offeror to correct a minor irregularity or may waive a minor irregularity. A minor irregularity is one that is merely a matter of form and not of substance or pertains to an immaterial or inconsequential defect or variation in a proposal, the correction or waiver of which would not be prejudicial to other bidders.

(ii) The LEA may not waive or permit an offeror to correct a defect or variation in a proposal that is material as to price, quantity, quality, or delivery.

(b) Up to and including the time for proposal opening, an offeror may correct a defect or variation with respect to:

(i) Bid bond;

(ii) Acknowledgment of addenda; or

(iii) MBE submission materials.

(c) After proposal opening, the LEA may not waive or permit an offeror to correct a defect or variation with respect to these requirements unless the defect or variation is determined to be minor and does not affect the competitiveness of the bid.

H. Evaluation and Award.

(1) The LEA may not evaluate a proposal for any criterion that is not disclosed in the request for proposals.

(2) The LEA shall award the contract to the offeror whose proposal is, in the LEA's determination, the highest ranked proposal based on the factors contained in the request for proposals including price.

I. Single Offeror. If after proper publication of request for proposal and proper proposal opening, the LEA receives one responsive offer, the LEA may:

(1) Award the contract to the single responsible offeror; or

(2) Reissue the request for proposal.

Md. Code Regs. 14.39.03.09

Regulation .09 amended and recodified 23.03.03.09 effective 46:22 Md. R. 976, eff. 11/4/2019