<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="Regulation .03 Formal Solicitations – IFBs, Competitive Sealed Bids.">
  <section prefix="Regulation" num=".03" heading="Formal Solicitations – IFBs, Competitive Sealed Bids.">
    <para num="A.">An IFB is a formal solicitation process<para num="1.">in which competitive sealed bids are invited through a public notice procedure, and</para>
      <para num="2.">that results in an award to the lowest responsive and responsible bidder.</para>
    </para>
    <para num="B.">A prospective bidder who requests a change in or is uncertain as to the meaning of specifications or other contract documents shall submit<para num="1.">to the person indicated in the solicitation</para>
      <para num="2.">a written request for the change or interpretation.</para>
    </para>
    <para num="C.">The request shall be submitted to the procuring agency<para num="1.">with supporting documents, drawings, etc.</para>
      <para num="2.">on or before five business days prior to the day on which the bid is due, or longer as specified by the document.</para>
    </para>
    <para num="D.">A duly issued addendum shall be used to make a substantive change or interpretation of the contract documents or specifications in the solicitation.<para num="1.">A copy of the addendum will be provided or made available to each known person receiving the solicitation.</para>
      <para num="2.">Explanations, changes, or interpretations to the proposed solicitation documents prior to the award of the contract shall only be binding on the City if contained in an addendum.</para>
    </para>
    <para num="E.">The omission by the City of a specification or detail which is necessary to properly carry out the intent of the specifications shall not relieve the bidder from fulfilling those required specifications as determined by the procuring agency to provide:<para num="1.">supplies,</para>
      <para num="2.">materials,</para>
      <para num="3.">equipment,</para>
      <para num="4.">services,</para>
      <para num="5.">or public works.</para>
    </para>
    <para num="F.">The following procedure shall be followed for IFBs:<para num="1.">a procuring agency shall issue an IFB and give public notice;</para>
      <para num="2.">bids are irrevocable once filed;</para>
      <para num="3.">except for a paper or hard copy document required by law or the terms or specifications of a solicitation, bids shall be submitted by electronic transmission;</para>
      <para num="4.">a bid that does not fully comply with all detailed specifications or other requests for information including execution of bid forms may be<para num="(a)">declared “non-responsive” by the City, and</para>
        <para num="(b)">recommended for rejection;</para>
      </para>
      <para num="5.">the City shall not be responsible for any errors or omissions of the bidder;</para>
      <para num="6.">bidders shall submit bids by<para num="(a)">the date and time indicated in the solicitation documents issued by the procuring agency, or</para>
        <para num="(b)">any other time or location determined by the Board;</para>
      </para>
      <para num="7.">the Board shall time stamp each bid when received and a valid time stamp for receipt of bids includes<para num="(a)">the date and time generated by an automated system,</para>
        <para num="(b)">any other type of receipt issued by the Board;</para>
      </para>
      <para num="8.">bids received after the deadline specified in the solicitation or by the Board shall not be accepted;</para>
      <para num="9.">bids are publicly opened at 12:00 p.m. on Wednesdays when a regular meeting of the Board is scheduled;</para>
      <para num="10.">the Board:<para num="(a)">publicly opens and electronically records all timely bids,</para>
        <para num="(b)">may read the bids aloud to the persons present,</para>
        <para num="(c)">makes a copy of the IFB and the bids available for review by interested persons for a reasonable period of time after bids are opened and electronically recorded,</para>
        <para num="(d)">may make a copy of an IFB and bids available by<para num="(i)">providing a hard copy in the Board office, or</para>
          <para num="(ii)">posting an electronic copy on the Comptroller’s website;</para>
        </para>
        <para num="(e)">in the event of unusual circumstances, will determine the opening date, time, and location;</para>
        <para num="(f)">shall post all bid results on the Comptroller’s website by close of business on the day the bids are opened;</para>
      </para>
      <para num="11.">no statement or comment made while opening the bids<para num="(a)">is binding on the City or</para>
        <para num="(b)">has any effect with respect to interpretation of the solicitation documents or bids received;</para>
      </para>
      <para num="12.">the Board shall forward all bids received to<para num="(a)">the procuring agency for evaluation, or</para>
        <para num="(b)">the Law Department for review;</para>
      </para>
      <para num="13.">the procuring agency shall<para num="(a)">evaluate the bids<para num="(i)">in accordance with the method of award criteria set forth in the IFB and</para>
          <para num="(ii)">for responsiveness and responsibility, and</para>
        </para>
        <para num="(b)">forward recommendations to the Board;</para>
      </para>
      <para num="14.">in the case of tie bids, the using agency shall<para num="(a)">provide written notice to the Department of Finance, and</para>
        <para num="(b)">make a written recommendation to the Board setting forth all pertinent considerations and reasons for its recommendation;</para>
      </para>
      <para num="15.">the Board, after considering the recommendation of the Department of Finance, may in its discretion award the contract as long as the total cost to the City does not exceed the amount of the tie bid;</para>
      <para num="16.">if the Minority and Women’s Business Opportunity Office (MWBOO) finds no bid is compliant with MBE/WBE goals, the procuring agency may<para num="(a)">inform all bidders of their noncompliance and</para>
        <para num="(b)">allow them up to ten days to come into compliance;</para>
      </para>
      <para num="17.">no award may be recommended to the Board unless the recommended awardee is compliant with the MBE/WBE goals;</para>
      <para num="18.">the Board shall post the name of the proposed contract awardee or the proposed rejection of all bids on the Board’s agenda;</para>
      <para num="19.">the Board shall<para num="(a)">award the contract as an entirety to the lowest responsive and responsible bidder,</para>
        <para num="(b)">award the contract by items to the lowest responsive and responsible bidders, or</para>
        <para num="(c)">reject all bids;</para>
      </para>
      <para num="20.">the decision to reject all bids is final and not subject to protest;</para>
      <para num="21.">when alternative bids are invited for two or more items, after all bids are opened, the using agency shall recommend to the Board<para num="(a)">selection of the particular items that will be procured, and</para>
        <para num="(b)">award of the contract to the lowest responsive and responsible bidder for that particular item in accordance with the solicitation document.</para>
      </para>
    </para>
  </section>
</baltimore-city-law>
