# Regulation .07 Responsiveness and Responsibility.

Current through 2026-01-20. Source: COBRA Register Volume 04, Issue 02. Published by the Baltimore City Department of Legislative Reference.

## Regulation .07 Responsiveness and Responsibility.

Balt., Md., COBRA § 27.01.04.07 (2026)

A. The procuring agency shall recommend to the Board whether a responder is responsive and the Board shall make the final determination.

  1. In determining responsiveness, the procuring agency shall consider the responder’s conformance with the terms and specifications of the solicitation, including:

    (a) all required solicitation forms shall be fully and accurately completed;

    (b) all required information shall be included;

    (c) all signatures shall be in electronic format except as required by law;

    (d) solicitation forms completed by a corporation or other legal entity shall be executed by a person with authority to bind the entity;

    (e) notary certificates shall be completed in accordance with Maryland law; and

    (f) any other factors.

  2. The Board may permit a cure to any deficiency resulting from a minor irregularity in a response or may waive the deficiency.

B. A responder shall be responsible.

  1. The procuring agency shall recommend to the Board whether a responder is responsible and the Board shall make the final determination.

  2. In determining responsibility, the procuring agency shall consider:

    (a) ability, capacity, organization, facilities, and skill of the responder to perform the contract;

    (b) ability of the responder to perform the contract or provide the services within the time specified without delay, interruption or interference;

    (c) integrity, reputation, and experience of the responder and its key personnel;

    (d) quality of performance of previous contracts or services for the City or other entities;

    (e) previous and existing compliance by the responder with laws and ordinances relating to the contract or services;

    (f) sufficiency of financial resources of the responder to perform the contract or provide the services;

    (g) whether a responder is in default of payment of any money due the City;

    (h) debarment by the City or other entity;

    (i) results of reference checks; and

    (j) any other factors.

  3. Past unsatisfactory performance may be sufficient to justify a finding of nonresponsibility.

  4. The procuring agency shall consult with the Law Department prior to issuing a

    (a) written notice to an affected responder or

    (b) a recommendation to the Board that a responder be found non-responsible.

  5. A procuring agency may require a responder at any time to provide additional information relating to the determination of responsibility including

    (a) references and

    (b) other documentation and information.

  6. Failure to furnish requested information may constitute grounds for a finding of nonresponsibility of the prospective responder.

  7. All information received from references or other information about past performance may constitute grounds for a finding of non-responsibility.
