1. A. Invitations for Bids. The Authority shall initiate a procurement by competitive sealed bidding by issuing an invitation for bids that includes:

   1. (1) The procurement specifications;
   2. (2) A bid form;
   3. (3) A statement to be executed by the bidder that the bidder agrees to all terms, conditions, and provisions of, and any amendments to, the invitation for bids;
   4. (4) Instructions on bid submission requirements, including the due date and address for bid submission;
   5. (5) The time and place of bid opening; and
   6. (6) Any other instructions or information requirements as the Authority considers necessary.
2. B. Prebid Conferences. The Authority may conduct prebid conferences and require the attendance of bidders.

3. C. Amendments to Initiations for Bids.

   1. (1) The Authority may amend an invitation for bids by:

      1. (a) Publishing the amendment in the same manner that the Authority published the invitation for bids; and
      2. (b) Delivering the amendment to all prospective bidders known by the Authority to have either received the invitation for bids or expressed an interest in the invitation for bids.
   2. (2) A prospective bidder who receives delivery of an amendment from the Authority shall acknowledge receipt of the amendment.

4. D. Bid Modifications and Withdrawal.

   1. (1) A bidder may modify or withdraw a bid before bid opening by submitting written notice of modification or withdrawal to the Authority.
   2. (2) The Authority shall return any bid security to a bidder if the bidder withdraws the bidder’s bid in accordance with this section.

5. E. Late Bids, Late Withdrawals, Late Modifications.

   1. (1) The Authority may not consider a bid, bid withdrawal, or bid modification, received by the Authority after bid opening, except that the Authority may consider a late bid, late withdrawal, or late modification, if the delay was substantially caused by the Authority.
   2. (2) A late modification of a successful bid that makes the terms more favorable to the Authority may be considered and accepted by the Authority at any time before contract award.

6. F. Receipt and Opening of Bids.

   1. (1) The Authority shall store bids and any bid modifications in a secure location before bid opening.
   2. (2) The Authority may not disclose the identity of any bidder before bid opening.
   3. (3) Bid opening shall occur at the date, time, and place identified in the invitation for bids.
   4. (4) At bid opening, an employee of the Authority shall open bids publicly, read the bids aloud, record the bids, and prepare a bid tabulation.
   5. (5) The Authority shall reject as nonresponsive any conditional bid.

7. G. Bid Mistakes.

   1. (1) The Authority may waive minor or technical irregularities in a bid if waiver is in the Authority’s best interests.

   2. (2) Before award, a successful bidder may be permitted to withdraw its bid if the bidder presents clear and convincing evidence to the Authority that:

      1. (a) An error has been made in the bid; and
      2. (b) The error is such that, had the error not been made, the bid as submitted would not have included the bid price or other material term.
   3. (3) If an error, and the intended correction of the error, are evident on the face of the bid documents, the bid shall be corrected and may not be withdrawn.

   4. (4) After award:

      1. (a) A mistake in a bid may only be corrected if the Authority determines that it would be unconscionable not to permit correction; and
      2. (b) The Authority may not allow any change in price.

8. H. Bid Evaluation and Award.

   1. (1) The Authority shall award the procurement contract to the responsible bidder who submits the most favorable bid price or most favorable evaluated bid price.
   2. (2) If responsive tie bids are received from two or more responsible bidders, the Authority shall award the procurement contract in the same manner as provided in COMAR 21.05.02.14.

9. I. Procurement by Negotiated Award After Unsatisfactory Competitive Sealed Bidding.

   1. (1) The Authority may conduct discussions with bidders if, after bids have been opened:

      1. (a) All bids are rejected under Regulation .12 of this chapter;
      2. (b) All bids included a bid price in excess of funds available; or

      3. (c) The Authority determines that all bid prices received are unreasonable as to one or more of the Authority’s requirements and:

         1. (i) There are no funds available to permit an award to the responsible bidder submitting the most favorable bid; or
         2. (ii) A delay resulting from a resolicitation of specifications or quantities under competitive sealed bidding would be disadvantageous to, or not otherwise in the best interests of, the Authority.

   2. (2) If any of the circumstances in §I(1) of this regulation occurs, the Authority may:

      1. (a) Request that the bidders submit revised bids; and
      2. (b) Conduct discussions with bidders after revised bids have been submitted if the Authority determines that it is in the best interest of the Authority to do so.
   3. (3) Any discussions conducted under this section concerning revised specifications or quantities shall be conducted with all responsible bidders.
   4. (4) The Authority shall award the procurement contract under this section to the responsible bidder who offered the most favorable bid price or most favorable evaluated bid price.

Authority: Financial Institutions Article, §13-1008(4), Annotated Code of Maryland

Effective date: December 18, 1995 (22:25 Md. R. 1964)

Regulation .02 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .02A amended effective June 15, 2009 (36:12 Md. R. 838)

Regulation .03B amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .04 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .04B, C amended effective June 15, 2009 (36:12 Md. R. 838)

Regulation .05 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .06 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .06D amended effective June 15, 2009 (36:12 Md. R. 838)

Regulation .06E amended effective February 28, 2005 (32:4 Md. R. 411); June 15, 2009 (36:12 Md. R. 838)

Regulation .07 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .08 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .09 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .10 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .11 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .12 amended effective October 23, 2017 (44:21 Md. R. 984)

Regulation .13 amended effective October 23, 2017 (44:21 Md. R. 984)