§ 10A-112. Competitive sealed bidding.

(a)

Competitive sealed bidding shall be the primary method used to acquire materials, equipment, services, supplies, or construction wherein the following conditions exist as determined by the Purchasing Agent or designee:

(1)

The cost of the purchase is estimated to exceed the sum of Thirty Thousand Dollars ($30,000) for goods or services; and

(2)

Specifications exist or can be developed wherein analysis can be performed on an equitable basis yielding an award to the responsive and responsible bidder offering the best value to the County.

(3)

Subject to regulations to be issued by the Purchasing Agent, competitive sealed bidding may be used at dollar levels below the amounts specified in paragraph (1).

(b)

The Purchasing Agent shall give public notice of an Invitation for Bid in at least one County newspaper of record and on a central website designated by the Purchasing Agent for a sufficient time prior to the date set forth therein for the public opening of bids or the Invitation for Bids shall be rendered void and illegal.

(1)

As a courtesy, the Purchasing Agent or responsible Procurement Officer shall also give electronic public notice of any Invitation for Bids to

(A)

All County-based businesses and County-located businesses, as defined by this Subtitle, who provide services or supplies that would be responsive to the procurement; and

(B)

A designated representative of the Prince George's Chamber of Commerce, Greater Prince George's Business Roundtable, and the Prince George's Community College.

(2)

The Purchasing Agent shall set forth procedures for public notices in regulations.

(c)

Best Value.

(1)

The contract shall be awarded by written notice to the responsive and responsible bidder whose bid is determined to deliver the best value to the County, as defined in Section 10A-101(a)(2.1) of this Subtitle, based on predetermined criteria specified in the Invitation for Bids.

(2)

Commodity-only purchases. A procurement contract solely for the purchase of a commodity, excluding any procurement of services (including, but not limited to, construction and professional services), shall be awarded to the responsive and responsible bidder with the lowest evaluated bid.

(3)

No purchase or contract shall be made or awarded within two (2) weeks from the date of the public opening of bids.

(d)

Nothing in this Subtitle shall preclude the County from accepting a voluntary reduction in price from the successful bid; in such an instance, terms, conditions, specifications, or quantities in the Invitation for Bids shall remain binding upon the bidder.

(e)

In the event that all bids exceed the funds available for the purchase or the Purchasing Agent or the Purchasing Agent's designee determines that all bids are unreasonable, the scope, specifications, or conditions of the purchase may be reduced or modified, and revised bids may be solicited from all responsive and responsible bidders that responded to the initial solicitation. In such instance, the Purchasing Agent or designee may waive the public notice requirement of paragraph (b) of this Section. If either no bid or only one bid is received from a responsive and responsible bidder in response to an Invitation for Bids the scope, specifications, or conditions of the purchase may be modified and revised bids may be solicited. In this instance public notice shall be given pursuant to paragraph (b) of this Section.

(f)

When it is considered not advantageous to prepare specifications to support an award based on price alone, an Invitation for Bids may be issued requesting the submission of unpriced technical offers, or samples, or both, and a separate sealed submission of price bids. Bidders whose technical submissions or samples, or both, have been found to be acceptable under the criteria set forth in the Invitation for Bids, shall then have their prices considered. When this method is used, only bidders submitting acceptable technical offers or samples, or both, shall have their price bids opened and considered.

(g)

In determining the lowest responsible and responsive bidder for a procurement contract solely for the purchase of a commodity, excluding any procurement of services (including, but not limited to, construction and professional services), the Purchasing Agent shall adjust the bid or proposal price(s) submitted by a County-based minority business enterprise or a minority business enterprise as certified by the Supplier Development and Diversity Division, for the purposes of evaluation and award only, by reducing the bid price(s) of such firm by the application of bonus factors according to the following schedule:

BID OF LOWEST RESPONSIVE BIDDER	MINORITY BUSINESS ENTERPRISE	PRINCE GEORGE'S BASED MINORITY BUSINESS ENTERPRISE BONUS FACTOR
Factored by:	.05	.15

 

(CB-1-1992; CB-23-2005; CB-28-2007; CB-108-2012; CB-74-2016; CB-115-2017)