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<baltimore-city-law heading="Regulation .04 Formal Solicitations – RFPs, Competitive Sealed Proposals.">
  <section prefix="Regulation" num=".04" heading="Formal Solicitations – RFPs, Competitive Sealed Proposals.">
    <para num="A.">An RFP is a formal solicitation for competitive sealed proposals.<para num="1.">Proposals are publicly opened.</para>
      <para num="2.">If stated in the RFP, final costs and scope of work may be subject to negotiation after the proposals are received and before the contract is awarded.</para>
      <para num="3.">An RFP results in an award to the highest scoring responsive and responsible proposer.</para>
    </para>
    <para num="B.">The following procedure shall be followed for RFPs:<para num="1.">RFPs are issued and public notice given by the procuring agency;</para>
      <para num="2.">technical responses to RFPs are<para num="(a)">publicly opened and recorded electronically by the Board and</para>
        <para num="(b)">forwarded to the procuring agency for review, consideration, and scoring;</para>
      </para>
      <para num="3.">at the request of the procuring agency, price proposals are<para num="(a)">publicly opened and recorded electronically by the Board and</para>
        <para num="(b)">forwarded to the procuring agency;</para>
      </para>
      <para num="4.">the Board shall forward paper or hard copy documents required by law or the terms or specifications of a solicitation to the procuring agency for processing and evaluation;</para>
      <para num="5.">once filed, a proposal is irrevocable;</para>
      <para num="6.">until a proposed award for an RFP is posted, all technical responses to RFPs may not be released to the public, except as required by &lt;cite data-path="27.01.02.04"&gt;Regulation .02.04&lt;/cite&gt;;</para>
      <para num="7.">the procuring agency submits its recommendation for award or rejection of all proposals to the Board;</para>
      <para num="8.">in the case of tie bids, the procuring 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="9.">the Board, after considering the recommendation of the Department of Finance, may then award the contract as long as the total cost to the City does not exceed the amount of the tie bid;</para>
      <para num="10.">the Board shall post the name of the proposed contract awardee or the proposed rejection of all proposals on the Board’s agenda;</para>
      <para num="11.">the Board shall<para num="(a)">award the contract as an entirety to the highest scoring responsive and responsible proposer or</para>
        <para num="(b)">reject all proposals;</para>
      </para>
      <para num="12.">the decision to reject all proposals is final;</para>
      <para num="13.">the procuring agency may negotiate a contract with the proposed awardee if negotiation is provided for in the solicitation.</para>
    </para>
  </section>
</baltimore-city-law>
