# COMAR Title 21 — State Procurement Regulations

## Subtitle 05 — Procurement Methods and Project Delivery Methods

### Chapter 04 — Procurement by Negotiated Award After Unsatisfactory Competitive Sealed Bidding

**Authority:** State Finance and Procurement Article, §§12-101 and 13-103, Annotated Code of Maryland

**Administrative History:** Effective date: July 1, 1981 (8:13 Md. R. II-5)

**Administrative History:** Regulation .01B amended effective June 4, 1984 (11:11 Md. R. 963)

**Administrative History:** Chapter revised effective January 9, 1989 (15:27 Md. R. 3138)

**Administrative History:** Regulation .04 amended effective November 7, 2005 (32:22 Md. R. 1759); April 7, 2008 (35:7 Md. R. 751)

#### Regulation .01 Conditions for Use.

*COMAR 21.05.04.01*

A. A negotiated award may be made under this chapter if, after bids have been opened, all bids are rejected pursuant to COMAR 21.06.02.01; if all bids submitted under COMAR 21.05.02 result in bid prices in excess of the funds available for the purchase; or if the procurement officer, with the approval of the agency head or designee, determines that all prices received are unreasonable as to one or more of the requirements and that:

  (1) There are no additional funds available to permit an award to the responsible bidder submitting the most favorable bid or most favorable evaluated bid; or

  (2) Any delay resulting from a resolicitation under revised specifications or quantities under competitive sealed bidding as provided in COMAR 21.05.02 would be fiscally disadvantageous or would not otherwise be in the best interest of this State.

B. If after competitive sealed bidding it is determined that there is only one responsive and responsible bidder, an award may be made to that bidder under COMAR 21.05.05.

#### Regulation .02 Invitation for Revised Bids.

*COMAR 21.05.04.02*

An invitation for revised bids based on revised specifications or quantities shall be issued as promptly as possible, and shall provide for a prompt response to the revised requirements. If the award is to be made without conducting discussions, the invitation for revised bids shall so state.

#### Regulation .03 Discussions.

*COMAR 21.05.04.03*

Discussions may not be conducted with bidders after revised bids have been submitted unless the procurement officer determines that there is compelling need for further negotiation. If there is more than one bidder, any discussions concerning revised specifications or quantities shall be conducted with all responsible bidders. Bidders shall be accorded fair and equal treatment with respect to any discussions.

#### Regulation .04 Award.

*COMAR 21.05.04.04*

An award shall be made upon the basis of the most favorable bid price or most favorable evaluated bid price submitted by a responsive and responsible bidder. Tie bids shall be resolved pursuant to COMAR 21.05.02.14. Notice of the award shall be published in eMaryland Marketplace by the procurement agency not more than 30 days after the execution and approval of the contract.