In this chapter, the following words have the meaning indicated. Terms Defined. “Designated procurement unit” means: The Department of General Services; The Department of Transportation; or The Department of Information Technology, only with respect to an information technology master contract executed before July 1, 2022, until the earlier of: The expiration date of all information technology master contracts; or June 30, 2027. “Master contract” means a set of master contractor agreement awards in which only those master contractors with awards in that set may compete for secondary competition awards for a specific type of service, supply, or commodity. “Master contracting” means a streamlined procurement method that provides for the qualification of bidders and offerors for the procurement of services, supplies, or commodities, that is subject to secondary competition for the awarding of work. “Master contractor” means a person awarded a master contractor agreement and qualified to compete to provide categories of services, supplies, or commodities under secondary competition. “Master contractor agreement” means an executed standard contract for a specified period of time between the State and a person approved as a master contractor that is subject to secondary competition for the awarding of work. “Secondary competition” means a procurement process in which only approved master contractors may compete to provide the services, supplies, or commodities under the procurement. The master contracting procurement method is the exclusive method by which master contractor agreements may be awarded. Only a designated procurement unit may use the master contracting procurement method for selecting qualified bidders or offerors to be awarded master contractor agreements. A unit of the Executive Branch may issue a secondary competition solicitation to master contractors. The solicitation for awarding master contractor agreements shall include: The categories of services, supplies, or commodities in which an offeror may submit a proposal for qualification; Information concerning proposal submission requirements, including the date, time, and place for the receipt of proposals; A statement that discussions may be conducted with those responsible offerors that submit proposals initially judged by the procurement officer to be reasonably susceptible of being selected for award. However, if the request for proposals so notifies all offerors, discussions need not be conducted: With respect to prices that are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions; If time of delivery or performance does not permit discussions; or If it can be demonstrated clearly from the existence of adequate competition or accurate prior cost experience with the particular item, that acceptance of an initial offer without negotiation would result in a fair and reasonable price; The mandatory solicitation requirements set forth in COMAR 21.05.08; All required contract terms and conditions; and A summary of the factors used to determine the expected degree of minority business enterprise participation, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified minority business enterprises in those industries. Public Notice. Distribution. Solicitations or notices of the availability of solicitations shall be mailed or otherwise furnished to a sufficient number of vendors for the purpose of securing competition. Notices of availability shall indicate where, when, and for how long solicitations may be obtained, generally describe the service, supply, or commodity desired, and may contain other appropriate information. Publication. Notice of solicitations for which the proposal is reasonably expected to exceed $50,000 shall be published in eMaryland Marketplace unless the resulting master contractor agreement is reasonably expected to be performed entirely outside this State or the District of Columbia. Publication shall be at least 20 days before the proposal submission date. Publication of notice less than 20 days before proposal submission is defective unless notice of the project is not required by State law. Proposal preparation time is the period of time between the date of publication of the solicitation and the time and date set for receipt of proposals. The proposal preparation time shall be a minimum of 20 days. Pre-Proposal Conferences. Pre-proposal conferences may be conducted by the procurement officer or designee to explain the procurement requirements. If a pre-proposal conference is held, it shall be announced to all prospective offerors who were sent a solicitation or who are known by the procurement officer to have obtained the solicitation documents. Any pre-proposal conference should be held long enough after the solicitation has been issued to allow prospective offerors to become familiar with it, but sufficiently before proposal opening to allow consideration of the pre-proposal conference results in the preparation of proposals. Attendance at a pre-proposal conference may be encouraged, but may not be made mandatory except to the extent required under COMAR 21.11.03.09C(2)(e). Nothing stated at the pre-proposal conference may change the solicitation unless a change is made by the procurement officer by written amendment. Pre-Proposal Conference Records. When a pre-proposal conference is held in connection with a procurement that is expected to exceed $100,000, the procurement officer shall ensure that a written record of the conference is prepared as soon as practicable and that the record is sent to all prospective offerors who were sent a solicitation or who are known by the procurement officer to have obtained the solicitation. When a pre-proposal conference is held and a conference summary is made, the procurement officer shall ensure that the summary is sent to all prospective offerors who were sent a solicitation or who are known by the procurement officer to have obtained the solicitation. The record or summary of a pre-proposal conference is a public record that is open to public inspection during ordinary business hours. Electronic records and transmissions of a pre-bid conference satisfy the requirements of this regulation. Electronic Pre-Proposal Conferences. Electronic pre-proposal conferences may be conducted if specifically permitted or required in the solicitation. An electronic pre-proposal conference shall permit interactive communication between all prospective offerors and the procurement officer. If pre-proposal conferences are conducted by electronic means, prospective offerors shall be notified of the: Date and time set for the electronic pre-proposal conference; and Manner and duration of the interactive session. Amendments to Solicitations. Form. Each amendment to a solicitation shall be identified as such and shall require that the offeror acknowledge its receipt. The amendment shall reference the portion of the solicitation it amends. The procurement officer shall authorize the issuance of an amendment. Distribution. Amendments shall be sent to all prospective offerors who were sent a solicitation or who are known to the procurement officer to have obtained the solicitation documents. Timeliness. Amendments shall be distributed within a reasonable time to allow prospective offerors to consider them in preparing their proposals. If the time and date for receipt of proposals does not permit preparation, the time shall be increased to the extent possible in the amendment or, if necessary, by electronic communication or telephone and confirmed in the amendment. Late Proposals, Withdrawals, and Modifications. Policy. Any proposal received at the place designated in the solicitation after the time and date set for receipt of proposal is late. Any request for withdrawal or request for modification received at the place designated in the solicitation after the time and date set for receipt of proposals is late. Treatment. A late proposal, late request for modification, or late request for withdrawal may not be considered. Upon the written approval of the Office of the Attorney General, exceptions may be made when a late proposal, withdrawal, or modification is received before master contractor agreement award, and the proposal, modification, or withdrawal would have been timely but for the action or inaction of State personnel directing the procurement activity or their employees. A late modification of a successful proposal that makes its terms more favorable to the State shall be considered at any time it is received and may be accepted upon the written approval of the Office of the Attorney General. Records. A record shall be made of each request for late proposal acceptance, modification, or withdrawal which shall be retained in the appropriate procurement file. Receipt of Proposals. Proposals and modifications shall be held in a secure place until the established due date. Proposals may not be opened publicly but shall be opened in the presence of at least two State employees. After the established due date, a register of proposals shall be prepared that identifies each offeror. The identity of an offeror and the register of proposals may not be disclosed before the procurement officer makes a determination recommending the award of the master contractor agreement pursuant to Regulation .04B of this chapter. After master contractor agreement award, proposals shall be open to public inspection subject to the provisions of the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland. The designated procurement unit shall establish a procedure for the consideration and approval of proposals for qualification of multiple offerors in each category of services, supplies, or commodities in the master contract. Upon completion of all discussions, the procurement officer shall make a determination recommending award of the master contractor agreement to the responsible offerors whose proposals are determined to be qualified for a particular master contract considering price and evaluation factors set forth in the solicitation. After obtaining the approval of this recommendation by the agency head or designee, all other approvals required by this title, and certification by the appropriate fiscal authority as to the availability of funds, the designated procurement unit may award the master contractor agreements. Notice of Award. After a master contractor agreement is entered into, the designated procurement unit shall publish notice of its award in eMaryland Marketplace not more than 30 days after the execution and approval of the master contractor agreement. Debriefing of Unsuccessful Offerors. When a master contractor agreement is to be awarded on some basis other than price alone, unsuccessful offerors may submit a written request for a debriefing to the procurement officer within a reasonable time. Debriefing shall be provided at the earliest feasible time after the procurement officer receives a request for a debriefing and before the master contractor agreement award is presented to the agency head or designee or the Board for approval. The debriefing shall be conducted by a procurement official familiar with the rationale for the selection decision and master contractor agreement award. Debriefing shall: Be limited to discussion of the unsuccessful offeror’s proposal and may not include specific discussion of a competing offeror’s proposal; Be factual and consistent with the evaluation of the unsuccessful offeror’s proposal; and Provide information on areas in which the unsuccessful offeror’s technical proposal was deemed weak or deficient. Debriefing may not include discussion or dissemination of the thoughts, notes, or rankings of individual members of an evaluation committee, but may include a summary of the procurement officer’s rationale for the selection decision and recommended master contractor agreement award. A summary of the debriefing shall be made a part of the master contractor agreement file. A unit of the Executive Branch that requires services, supplies, or commodities available under a master contract may, with the approval of the designated procurement unit that awarded the master contract, issue a secondary competition solicitation to master contractors within that master contract, as follows: If the unit of the Executive Branch expects the total cost of the services, supplies, or commodities in the secondary competition to exceed $100,000, the unit shall issue the secondary competition solicitation to all master contractors in the appropriate category in the master contract established by the designated procurement unit; or If the unit of the Executive Branch expects the total cost of the services, supplies, or commodities in the secondary competition to be $100,000 or less, the unit shall issue the secondary competition solicitation to a minimum of six master contractors or all master contractors, whichever is less, in the appropriate category in the master contract established by the designated procurement unit. If the total number of master contractors available to be solicited exceeds six, the procurement officer shall make a written determination including the reasons why the particular master contractors were selected to be solicited. The master contract shall specify the type of secondary competition solicitation to be used from the following: Task Order Request for Proposals (TORFP): To be used when a scope of work for services, supplies, or commodities requires master contractors to submit proposals which are then evaluated to determine the most advantageous award for the State. A TORFP shall follow the provisions for Competitive Sealed Proposals and requests for proposals as set forth in COMAR 21.05.03, except for task order evaluation and award, which shall follow Regulation .06 of this chapter. The minimum proposal preparation time requirement in COMAR 21.05.02.02 and the minimum public notice time requirement in COMAR 21.05.02.04B are both shortened to at least 10 days from solicitation publication to proposal submission for a TORFP. Purchase Order Request for Proposals (PORFP): To be used when specific services, supplies, or commodities are available at a fixed price, typically as defined in a catalog or price sheet of the master contract. A PORFP shall follow the provisions for Competitive Sealed Bidding and invitations for bids as set forth in COMAR 21.05.02, except for purchase order evaluation and award, which shall follow Regulation .06 of this chapter. The minimum bidding time requirement in COMAR 21.05.02.02 and the minimum public notice time requirement in COMAR 21.05.02.04B are both shortened to at least 10 days from solicitation publication to bid submission for a PORFP. Request for Resumes (RFR): To be used when temporary personnel are required. An RFR requests master contractors to submit resumes for qualified candidates in response to a specific scope of work, with resumes evaluated, candidates interviewed, and selection made in accordance with Regulation .06 of this chapter. The secondary competition solicitation shall include a statement of the factors that will be used in evaluating a master contractor’s response and the relative importance of each factor. The secondary competition solicitation shall include a summary of the factors used to determine the expected degree of minority business enterprise participation, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified minority business enterprises in those industries. The designated procurement unit that awarded the master contract may require the secondary competition solicitation to be reviewed and approved by that designated procurement unit prior to publication. The procuring unit of the Executive Branch that has received responses from master contractors to a secondary competition solicitation shall evaluate the responses and may select a master contractor for award based on the response that is determined to be the most advantageous to the State considering the evaluation factors set forth in the secondary competition solicitation. If expressly permitted in the secondary competition solicitation, secondary competition awards may include renewal options, and awards may be made to more than one master contractor. The total dollar amount of secondary competition awards to master contractors may not exceed the monetary ceiling value of the particular master contract from which the secondary competition was solicited. Secondary competition awards to master contractors may not exceed the period of performance of the particular master contract from which the secondary competition was solicited unless the master contract is modified to be extended for a period of time to allow for a task order to continue beyond the term of the original master contract, and that period of time is no longer than one-third of the base term of the original master contract. No additional task orders may be issued after the master contract’s original, unmodified end date. A TORFP award by a unit of the Executive Branch shall include a performance evaluation procedure to be used by the unit to evaluate the performance of the master contractor that has completed work on the task order. The designated procurement unit that awarded the master contract may require the secondary competition award recommendation to be reviewed and approved by that designated procurement unit prior to award. Procurement agencies are required to report secondary competition awards over $50,000 in eMaryland Marketplace. The requirements in Regulations .05A(1) and (2) and C and .06A of this chapter do not apply to a master contract for construction that is procured and awarded under this chapter and states how task orders will be awarded and the maximum number of qualified contractors that will be awarded a master contractor agreement for construction. State Finance and Procurement Article, §§12-101, 13-101, 13-102, 13-113, 13-114 and 14-303, Annotated Code of Maryland Effective date: March 11, 2019 (46:5 Md. R. 310) Regulation .05B amended effective May 2, 2022 (49:9 Md. R. 531) Regulation .05D adopted effective September 18, 2023 (50:18 Md. R. 800) Regulation .06H repealed effective May 2, 2022 (49:9 Md. R. 531)