6.15.310 Competitive sealed bidding | WSSC Code of Regulations

6.15.310 Competitive sealed bidding.

(a) Conditions for Use. Contracts may be awarded by competitive sealed bids.

(1) If a contract is awarded based on competitive sealed bids, the Commission shall seek bids by issuing an invitation for bids.

(2) An invitation for bids shall:

(i) Include the contract specifications, including any applicable race- or gender-neutral remedies, or MBE or SLBE participation as determined in accordance with the governing standard procedures;

(ii) State whether the contract will be awarded based on the lowest bid price or the lowest evaluated bid price; and

(iii) Set forth contractual terms and conditions.

(3) If a contract will be awarded based on an evaluated bid price, the invitation for bids shall include the objective measurable criteria by which the lowest evaluated bid price will be determined.

(4) WSSC shall award contracts based on competitive sealed bids to the responsive and responsible bidder who submits the lowest bid price or lowest evaluated bid price, as appropriate.

(5) If WSSC determines that an initial preparation of specifications for price bids is impractical, then WSSC:

(i) May issue an invitation for bids that includes a request for an unpriced technical offer or sample and directs a bidder to submit:

1. A sealed price bid with the unpriced technical offer or sample; or

2. A price bid after WSSC:

A. Evaluates the technical offer or sample; and

B. Finds that the offer or sample is acceptable under the criteria set forth in the invitation for bids.

(ii) In cases where the invitation for bids described in subsection (b)(5)(i) of this section is issued, WSSC shall:

1. Consider the price bid of a bidder whose technical offer or sample is acceptable;

2. Return unopened the price bid of a bidder whose technical offer or sample is unacceptable; and

3. Award the contract to the responsive and responsible bidder whose technical offer or sample is acceptable and who submits the lowest bid price or lowest evaluated bid price, as specified in the invitation for bids.

(c) Public Notice. Invitations for bids or notifications of the availability of invitations for bids shall be furnished to a sufficient number of potential bidders for the purpose of securing competition. Every procurement in excess of a standard minimum amount as specified by the Chief Procurement Officer shall be well publicized in a suitable manner as determined by the Chief Procurement Officer. A copy of the invitation for bids shall be made available for public inspection at the Office of the Chief Procurement Officer and/or at the WSSC website and/or at other publicly available electronic dissemination facility.

(d) Bidding Time. The Chief Procurement Officer may specify a minimum bidding time for competitive sealed bids.

(1) Bid Form. The invitation for bids may provide an appropriate form.

(2) Electronic Bids. The invitation for bids may either permit or require bids by electronic means.

(3) Bid Samples or Descriptive Literature. Bid samples or descriptive literature may be required when it is necessary to evaluate required characteristics of the items bid.

(f) Bidders Lists. Bidders lists may be compiled by WSSC with the names of businesses that may be interested in competing for various types of WSSC contracts. Inclusion or exclusion of the name of a business on the bidders list does not indicate whether the business is responsible or qualified for any contract. Names and addresses on bidders lists may be available for public inspection but will not be used by WSSC for private, promotional, commercial, or marketing purposes.

(g) Pre-Bid Conferences. The Procurement Office may, with due notice, conduct pre-bid conferences to explain WSSC procurement requirements. Nothing stated at the pre-bid conference shall change the invitation for bids unless a change is made by written amendment.

(1) Form. Amendments to invitations for bids shall be identified as such and may require that the bidder acknowledge receipt.

(2) Distribution. Amendments may be sent to prospective bidders or publicized as appropriate. Amendments shall be sent to bidders that have responded to the invitation for bids and shall require acknowledgment or proof of receipt.

(1) Procedure. Bids may be modified or withdrawn by written notice received in the office designated in the invitation for bids prior to the time and date set for bid opening.

(2) Disposition of Bid Security. If a bid is withdrawn in accordance with this subsection, the bid security, if any, shall be returned to the bidder.

(1) Definition. Any bid received after the time and date set for receipt of bids is untimely. Any attempt by a bidder to withdraw or modify its bid after the time and date set for opening of bids is untimely.

(2) Treatment. WSSC shall disregard all untimely bids, modifications, and withdrawals.

(k) Opening and Recording of Bids. Bids shall be opened in an appropriate manner determined by the Chief Procurement Officer. Appropriate information shall be recorded; the record may be open to public inspection pursuant to the requirements and exceptions of the Maryland Public Information Act.

(1) Mistakes Discovered Before Opening. A bidder may correct mistakes discovered before the time and date set for bid opening by withdrawing or correcting the bid.

(2) Confirmation of Bid. When the Procurement Officer knows or has reason to conclude that a mistake has been made, such officer may request the bidder to confirm the bid. Situations in which confirmation should be requested include obvious, apparent errors on the face of the bid or a bid unreasonably lower than the other bids submitted.

(3) Mistakes Discovered After Opening but Before Award. Mistakes in bids that are discovered after the time and date set for bid opening but before award shall be resolved as follows:

(i) Minor Informalities. Minor informalities are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, worker and/or public safety or contractual conditions is negligible. The Procurement Officer may waive such informalities or allow the bidder to correct them depending on what is in the best interests of WSSC.

(ii) Mistakes Where Intended Correct Bid Is Evident. If the mistake and the intended correct bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn.

(iii) Mistakes Where Intended Correct Bid Is Not Evident. A bidder may be permitted to withdraw a low bid if:

1. A mistake is clearly evident on the face of the bid document but the intended correction is not similarly evident; or

2. The bidder submits objective proof which clearly and convincingly demonstrates that a mistake was made.

(4) Mistakes Discovered After Award. Mistakes shall not be corrected after award of the contract except where the Chief Procurement Officer or the head of a WSSC using department makes a written determination that it would be unconscionable not to allow the mistake to be corrected.

(5) Determinations. Depending on whether the bid is corrected or withdrawn, the Chief Procurement Officer or designee or the head of a using department shall prepare a written determination showing whether the relief was granted or denied.

(m) Tie Bids. If two or more offerors are tied in price while otherwise meeting all required solicitation specifications, the tie will be broken using the following methods and in the following order:

(1) Offerors located in Prince George’s County or in Montgomery County.

(2) Offerors located in Maryland.

(3) Offerors with the earliest delivery terms.

(4) Finally, offerors who provide WSSC with the greater opportunity for broadening its supplier base.

(n) Documentation of Award. Following award, a record showing the basis for determining the successful bidder shall be made a part of the procurement file.

(o) Publicizing Awards. Notice of award shall be conveyed to the successful bidder. In procurements over a minimum amount specified by the Chief Procurement Officer, each unsuccessful bidder may be notified of the award in writing or through electronic means. Notice of award shall be made available to the public through electronic means.

(1) Definition. Multi-step sealed bidding is a two-phase process consisting of a technical first phase composed of one or more steps in which bidders submit unpriced technical offers to be evaluated by WSSC and a second phase in which those bidders whose technical offers are determined to be acceptable during the first phase have their price bids considered. At the Chief Procurement Officer’s discretion, a “best and final offer” stage may be included whereby bidders of acceptable quality are invited to improve or adjust the quality of their offers, or reduce the price.

(2) Conditions for Use. Multi-step sealed bidding may be used:

(i) To invite and evaluate technical offers to determine their acceptability;

(ii) To discuss technical offers and requirements, obtain information, and permit amendments;

(iii) To conduct technical evaluations prior to soliciting priced bids;

(iv) To award the contract to the lowest responsive and responsible bidder in accordance with the competitive sealed bidding procedures;

(v) To award the contract to the best quality bid, ensuring that the best quality bid is reasonably priced; and/or

(vi) To invite discussions and final stage price competition among bidders of acceptable quality.

(1) Form. Multi-step sealed bidding shall be initiated by the issuance of an invitation for bids that may state:

(i) That unpriced technical offers are requested;

(ii) Whether separate priced bids are to be submitted at the same time as unpriced technical offers;

(iii) That it is a multi-step sealed bid procurement, and the rules to be followed;

(iv) The criteria to be used in the evaluation of the unpriced technical offers;

(v) That the Chief Procurement Officer or designee may conduct oral or written discussions of the unpriced technical offers; and/or

(vi) That priced offers may be subject to negotiation.

(2) Amendments to the Invitation for Bids. After receipt of unpriced technical offers, amendments to the invitation for bids may be distributed.

(r) Awards. Award shall be made to the most responsible and responsive bidder whose bid offers the lowest price or the lowest evaluated bid price, as applicable, in conformance with the invitation for bids. (Procurement regulations § 4-202, dated August 1, 2012)