Maryland
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
Administrative Fees in Use:
Yes
Types of Contracts with Admin. Fees:
Statewide/Enterprise
Amount and Frequency of Fees Collected:
1% of sales for all statewide contracts.
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
No
Statutory, regulatory, and procedural guidance for bid protests
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
MD ADC 21.10.02.03
Citation Language:
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.
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
MD STATE FIN & PROC § 13-103(e)(4); MD STATE FIN & PROC § 13-103(a)(1)
Citation Language:
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.
Definition:
Yes
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
MD ADC 21.06.01.01
Citation Language:
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.
Name:
Commodity Code
Commodity Code:
UNSPSC
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$50,000
Citation:
MD Code Fin. & Proc. § 13-103(a)(1) & (c)(1-3)
Citation Language:
(a) (1) Whenever procurement is based on competitive sealed bids, a procurement officer shall seek bids by issuing an invitation 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;
Small Purchases/Informal Purchasing:
$100,000; $200,000 for construction
Citation 2:
MD Code Fin. & Proc. § 13–109.
Citation Language 2:
(a) In this section, "small procurement" means a procurement for which: (1) a unit spends $100,000 or less; (2) a contractor provides services subject to § 11-202(3) of this article for expected annual revenues of $100,000 or less; (3) the Department of General Services or the Department of Transportation is seeking to award a procurement contract for a construction with a value that is $200,000 or less; (4) the Department of Natural Resources is seeking to award a procurement contract for capital projects or maintenance with a value that is $200,000 or less; or (5) for purposes of administering Title 29, Subtitle 1 of the State Personnel and Pensions Article, the State Retirement Agency spends $100,000 or less during a fiscal year for: (i) expenses related to independent medical evaluations by a physician; and (ii) any expenses related to testimony by the physician at administrative hearings on behalf of the Agency. (b) A unit may make small procurements in accordance with the regulations of primary procurement units. (c) A primary procurement unit may not create a small procurement by artificial division of a procurement. (d) Any regulation of a primary procurement unit to govern small procurements: (1) shall provide for a simplified administrative procedure; (2) shall be consistent with the basic intent of this Division II; and (3) may not be disadvantageous economically to the State.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
MD ADC 21.10.04.02
Citation Language:
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.
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
Statutory Guidance
Citation:
MD ADC 21.10.04.09
Citation Language:
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.
eProcurement:
eProcurement
Platform:
Ivalua
System Type:
eProcurement
Public Link:
https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage
System Name:
eMMA
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
The procurement officer and the agency head or a designee
Citation:
COMAR Sec. 21.05.03.03
Public Link 1:
Citation Language:
(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.
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Partial Delegation to Agencies
Citation:
MD STATE FIN & PROC § 12-107
Public Link:
https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gsf§ion=12-107&enactments=false
Citation Language:
(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:...
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
Full Authorization
Citation:
MD STATE FIN & PROC § 13-103
Citation Language:
(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.
Name:
Nonprofit Usage of Statewide Contracts
Citation:
Maryland Office of State Procurement
Authorization:
Yes
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Procurement Counsel Location:
Attorney General's Office
Reports To:
Attorney General
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Public Link:
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
Statutory Guidance
Citation:
MD ADC 21.10.02.10
Citation Language:
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.
Westlaw Flags:
No Flag
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Comments:
Applies to both IFBs and RFPs
Formal Solicitation - Minimum Window for Proposals/Bids:
20 Days
Citation:
COMAR Sec. 21.05.02.02
Public Link 1:
Citation Language:
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.
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
Partial Authorization
Citation:
MD ST PERS & PENS § 2-502.2
Citation Language:
(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.
Public Link:
https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsp§ion=2-502.2&enactments=false
Comments:
State Employee Health and Welfare Benefits Program Authorized 2021 MD H.B. 607 (NS)
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Public Link:
https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/07/MarylandProcurementManual.pdf
Notes:
URL says it was uploaded in 2019. Not sure if it was made in 2019. Manual document does not have date
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
State-Wide Contracts Link:
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
Department of Information Technology (IT Goods)
Citation:
MD ADC 21.11.14.04
Citation Language:
Currentness A. Each procurement agency shall make its procurements in accordance with this chapter. B. The Department of Information Technology, in executing its responsibility under State Finance and Procurement Article, Title 3A, Subtitle 4, Annotated Code of Maryland, over procurement of information technology equipment and related services, shall require procurement agencies to make those procurements in compliance with this chapter. C. When delegating procurement authority to procurement agencies, the Department of General Services and the Department of Budget and Management shall condition the delegation on compliance with this chapter. D. Procurement agencies shall use the forms and affidavits developed by the Governor's Office of Small, Minority, and Women Business Affairs for reporting procedures required by this title.
