1. A. Receipt of Unsolicited Proposals; Competing Proposals.

   1. (1) If an LEA receives a proposal other than one submitted in response to a solicitation and it determines that it is interested in pursuing the unsolicited proposal, the LEA shall:

      1. (a) Publish notice that it has received an unsolicited proposal;
      2. (b) Briefly describe the nature of the proposal;
      3. (c) Give any other interested offeror at least 28 days to submit a competing proposal after the public notice is issued; and
      4. (d) Inform the IAC or its designee of its intention and provide a description of the proposed method to procure the project.
   2. (2) The unsolicited proposal and any competing proposals shall be in writing and sufficiently detailed to permit the LEA to determine if it is advantageous and should be the basis for a contract award.

2. B. Notice. Notices required under this regulation shall be placed in:

   1. (1) eMaryland Marketplace;
   2. (2) An electronic posting or a physical posting on the LEA's bid board; or
   3. (3) A newspaper of general circulation in the LEA's region.
3. C. If the LEA receives one or more competing proposals, the LEA shall evaluate and negotiate the proposals consistent with Regulations .09F and G of this regulation.

4. D. Award.

   1. (1) The LEA may award a contract that it determines to be advantageous based on an unsolicited proposal or a competing proposal.

   2. (2) The LEA shall prepare and submit to the IAC or its designee a statement that explains why the proposal is the most advantageous. The explanation shall:

      1. (a) Describe the proposed scope of work or services, including alternative financing if applicable;
      2. (b) Include a cost schedule, indicating the costs associated with various services to be provided by the vendor or phases of the work, and whether those costs are eligible for State reimbursement;
      3. (c) Summarize the evaluation system used to select the offeror;
      4. (d) Summarize the apparent successful offeror's proposal; and
      5. (e) Describe the MBE plan, if applicable.

   3. (3) Before seeking approval from the Board of Education, the LEA shall:

      1. (a) Discuss the project in an open meeting; and
      2. (b) Notify the public as to when the proposed contract will be brought before the Board of Education for approval.

Authority: Education Article, §§4-126, 5-112, and 5-303, Annotated Code of Maryland

Effective date: May 21, 2007 (34:10 Md. R. 891)

Regulation .04C amended effective November 14, 2011 (38:23 Md. R. 1423)

COMAR 23.03.03 recodified to be COMAR 14.39.03 under new subtitle, Interagency Commission on School Construction, effective November 4, 2019 (46:22 Md. R. 979)

Regulation .01A amended effective November 4, 2019 (46:22 Md. R. 979)

Regulation .05 amended effective November 4, 2019 (46:22 Md. R. 979)

Regulation .06B, C amended effective November 4, 2019 (46:22 Md. R. 979)

Regulation .06D amended effective May 11, 2026 (53:9 Md. R. 414)

Regulation .07 amended effective November 4, 2019 (46:22 Md. R. 979)

Regulation .09B amended effective November 4, 2019 (46:22 Md. R. 979)