GENERAL PROVISIONS CONDITIONS
GP-2.01BID IRREVOCABLE
Unless otherwise provided in the Invitation for Bids, bid prices are irrevocable for 90 days following bid opening.
GP-2.02CONTENTS OF BID FORMS
On Contracts with electronic bidding TC-2.02 Contents of Bid Forms shall be used in lieu of GP-2.02. All papers included in, bound thereto or attached to the bid form are necessary parts thereof and shall not be detached, separated or altered. The Plans, Specifications, Supplemental Specifications, referred to in the Specifications, and all other Contract Documents will be considered a part of the bid form whether attached thereto or not.
GP-2.03INTERPRETATION OF QUANTITIES IN BID SCHEDULE
Where designated as estimated quantities, the quantities in the prepared bid schedule are approximate only. Payment to the Contractor will be made only for the actual quantities of work performed or materials furnished in accordance with the Contract and as provided in GP-4.04 Variation in Estimated Quantities.
GP-2.04SITE INVESTIGATION
The Contractor acknowledges that the Contractor has investigated and satisfied itself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that the Contractor has satisfied itself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the State, as well as from information presented by the drawings and specifications made a part of this Contract. Any failure by the Contractor to acquaint itself with the available information may not relieve the Contractor from responsibility for estimating properly the difficulty or cost of successfully performing the work. The State assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the State.
GP-2.05TAXES-RESPONSIBILITY FOR PAYMENT, EXEMPTIONS,
FORMS TO FILE, ETC.
income, real estate, sales and use, transportation and special taxes applicable to and assessable against any materials, equipment, processes and operations incident to or involved in the construction. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay same.
on the face of each invoice billed to the Administration.
under this Contract until the Contractor and any subcontractors performing any duties under this Contract have paid all State taxes or other obligations due the State of Maryland. The taxes or other obligations shall be resolved either by set-off of the amount due the Contractor against the amounts due the State or by direct payment.
GP-2.06PREPARATION OF BID
On Contracts with electronic bidding TC-2.03 Preparation of Bid shall be used in lieu of GP-2.06.
The bidder shall specify a price in dollars and cents for each pay item given, and shall show the products of the respective unit prices and quantities written in figures in the column provided for that purpose, together with the total amount of the bid obtained by adding the amounts of the several items.
individual, shall be signed by the individual. If submitted by a partnership, the bid shall be signed by such member or members of the partnership an have authority to bind the partnership. If submitted by a corporation or other business entity, the same shall be signed by an officer with his or her position stated below the signature line. Such signature shall constitute the Contractor’s representation and warrant that the signing party has the Contractor’s authorization to do so, binding the Contractor to the bid and to the Contract. All bids shall be signed in ink. All erasures or alterations shall be initialed by the signer in ink.
to furnish samples or descriptive literature, it shall be submitted with the bid, unless the Invitation for Bids provides otherwise.
confidential, proprietary information or trade secrets and provide any justification of why such materials should not be disclosed by the State under the Maryland Public
Information Act, Title 4 of the General Provisions Article of the Annotated Code of Maryland.
Annotated Code of Maryland, corporations not incorporated in the State shall register with the State Department of Assessments and Taxation, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.
GP-2.07PROPOSAL GUARANTY
On Contracts with electronic bidding TC-2.04 Proposal Guaranty shall be used in lieu of GP-2.07.
by a guaranty in an amount not less than 5 percent of the amount bid, or such amount as may be specified elsewhere in the bid documents and made payable to the State of Maryland.
authorized to do business in this State;
account;
government or bonds issued by the State of Maryland; or
COMAR 21.06.07.01 .
GP-2.08DELIVERY OF BIDS
On Contracts with electronic bidding TC-2.05 Delivery of Bids shall be used in lieu of GP-2.08. Each bid must be submitted in a sealed envelope plainly marked to indicate its contents. When sent by mail, the sealed bid must be addressed to the Administration at the address and in care of the official in whose office the bids are to be received. All bids shall be filed prior to the time and at the place specified in the Notice to Contractors. Bids received after the time for opening of bids will be treated in accordance with the provisions of GP-2.12.
GP-2.09COMMUNICATIONS AND INTERPRETATIONS PRIOR TO BID
OPENING Any information regarding the requirements or the interpretation of any provision of the General Provisions, Special General Provisions, Specifications or any part of the bidding documents shall be requested, in writing, from the procurement officer, and delivered no later than 10 days prior to the scheduled date of bid opening. Responses to questions or inquiries having any material effect on the bids shall be made by written addenda, or by written notice sent to all prospective bidders. DO NOT MAKE VERBAL INQUIRIES. Any verbal interpretations or oral pre-bid statements made by State employees or their representatives shall not be binding upon the State.
GP-2.10AMENDMENTS TO INVITATIONS FOR BIDS
On Contracts with electronic bidding TC-2.06 Amendments to Invitations for Bids shall be used in lieu of GP-2.10.
such.
of all amendments.
GP-2.11PRE-OPENING MODIFICATION OR WITHDRAWAL OF BIDS
On Contracts with electronic bidding TC-2.07 Pre-Opening Modification or Withdrawal of Bids shall be used in lieu of GP-2.11.
received in the office designated in the Invitation for Bids before the time and date set for bid opening. Written notice of modification or withdrawal may be delivered by hand delivery, overnight carrier, or by US Postal mail. Any notice addressed in this subsection must be received before the time and date set for bid opening.
the bid security, if any, shall be returned to the bidder.
GP-2.12LATE BIDS, LATE WITHDRAWALS, AND LATE
MODIFICATION On Contracts with electronic bidding TC-2.08 Late Bids, Late Withdrawals, and Late Modifications shall be used in lieu of GP-2.12.
date set for receipt of bids is late. Any request for withdrawal or request for modification received after the time and date set for opening of bids at the place designated for opening is late.
may not be considered. Late bids will be returned to the bidder unopened. Upon written approval of the Office of the Attorney General, exceptions may be made when a late bid, withdrawal, or modification is received before Contract award, and the bid, withdrawal, or modification would have been timely but for the action or inaction of State personnel directing the procurement activity or their employees. NOTE: Provision GP-2.12(b) does not apply to Federal Aid projects.
GP-2.13OPENING AND RECORDING OF BIDS
date, and place designated in the Invitation for Bids. The name of each bidder, the bid price, and such other information as is deemed appropriate shall be read aloud or otherwise made available. This information also shall be recorded at the time of bid opening. The bids shall be tabulated or a bid abstract made. The opened bid shall be available for public inspection at a reasonable time after bid opening but in any case before Contract award except to the extent the bidder designates trade secrets or other proprietary data to be confidential as set forth in COMAR 21. Material so designated shall accompany the bid and shall be readily separable from the bid in order to facilitate public inspection of the nonconfidential portion of the bid. Prices, makes, and model or catalog numbers of the items offered, deliveries, and terms of payment shall be publicly available at a reasonable time after bid opening but in any event before Contract award regardless of any designation to the contrary at the time of bid opening.
validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Confidential, proprietary information, and trade secrets furnished by a bidder or offeror may be disclosed to another State agency if there is a need for the information and may not be disclosed outside of State government except as provided by the Public Information Act or other applicable laws of this State.
GP-2.14MISTAKES IN BIDS
before the time and date set for bid opening by withdrawing or correcting the bid as provided in GP-2.11.
a mistake may have been made, the bidder may be required to confirm the bid. Situations in which confirmation may be requested include obvious, apparent errors on
the face of the bid or a bid unreasonably lower than the other bids submitted. If the bidder alleges mistake, the bid may be corrected or withdrawn upon written approval of the Office of the Attorney General if any of the following conditions are met:
document, the bid shall be corrected to the intended correct bid and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid document are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors.
intended correct bid is not similarly evident; or
convincingly demonstrates that a mistake was made.
Contract except when the procurement officer and the head of a procurement agency makes a determination that it would be unconscionable not to allow the mistake to be corrected. Changes in price are not permitted. Corrections shall be submitted to and approved by the Office of the Attorney General .
GP-2.15MINOR IRREGULARITIES OR INFORMALITIES
General. Minor irregularities or informalities in bids, as defined below, may be waived if the procurement officer determines that it shall be in the State's best interest. The procurement officer may either give a bidder an opportunity to cure any deficiency resulting from a technicality or minor irregularity in its bid, or waive the deficiency where it is to the State's advantage to do so. When at any public opening of bids, a bid appears to be irregular, as herein specified, this fact may be announced when read. Said bid shall be read as other bids and then referred to the procurement officer for consideration and appropriate action thereon in accordance with these General Provisions, Law and Regulation. A minor irregularity is one which is merely a matter of form and not of substance or pertains to some immaterial or inconsequential defect or variation of a bid or proposal from the exact requirement of the solicitation, the correction or waiver of which would not be prejudicial to other bidders or offerors. The defect or variation in the bid or proposal is immaterial and inconsequential when its significance as to price, quantity, quality, or delivery is trivial or negligible when contrasted with the total cost or scope of the supplies or services being procured and the intent and meaning of the entire bid or proposal is clear.
GP-2.16CANCELLATION OF INVITATIONS FOR BIDS
On Contracts with electronic bidding TC-2.09 Cancellation of Invitations for Bids shall be used in lieu of GP-2.16.
determines this action is fiscally advantageous or otherwise in its best interest.
vendors submitting them and notice of cancellation shall be included.
GP-2.17REJECTION OF INDIVIDUAL BIDS OR PROPOSALS
to do so.
solicitation.
determination of nonresponsibility may be made for, but is not limited to, any of the following reasons:
not expired.
financing, manpower or other resources required to perform the Contract.
hinder or prevent the prompt completion of the subject work if awarded.
labor and material on prior or current Contracts.
exclusive of being named by another bidder as a subcontractor.
conditions leading to unsatisfactory performance remain unresolved.
business integrity.
applicable laws and regulations.
promptly, after notification from the procurement officer that such information is required in connection with a determination to be made pursuant to this GP-2.17.
GP-2.18REJECTION OF ALL BIDS
rejected in whole or in part when the procurement officer, with the approval of the appropriate Department head or designee, determines that this action is fiscally advantageous or otherwise in the State's best interest.
which have been opened shall be retained by the Administration.
GP-2.19BID EVALUATION AND AWARD
bid meets the requirements and evaluation criteria set forth in the Invitation for Bids, and is either the lowest bid price or lowest evaluated bid price.
offers the lowest cost to the State in accordance with the evaluation criteria set forth in the Invitation for Bids. Except as otherwise provided under GP-2.14 Mistakes in Bids:
bid and the extended price (product of unit price multiplied by the quantity).
between the total lump sum bid and the extended prices.
written in words and the prices written in figures.
the extended price by the quantity. The Administration reserves the right to make the award by item, or groups of items, or total bid if it is in the best interest of the State to do so unless the bidder specifies in his bid that a particular or progressive award is not acceptable.
and satisfaction that the bidder is responsible, the Contract may be awarded to that bidder. A Contract may be awarded to a bidder offering a higher quality item than that designated in the Invitation for Bids if that bidder is also the lowest responsive and responsible bidder.
GP-2.20TIE BIDS
On Administration Federal Aid Contracts, the preference to in-State Contractors does not apply.
price, terms and conditions and which meet all the requirements and evaluation criteria set forth in the Invitation for Bids.
COMAR 21.05.02.14 . If identical low bids are received from an in-State and out-of- State bidder, the award shall be made to the in-State bidder. If identical low bids are received from in-State bidders or from out-of-State bidders, a drawing shall be conducted, and a witness shall be present to verify and certify the result.
GP-2.21RESIDENT BUSINESS PREFERENCE
nonresident firm submitting the lowest responsible bid is located gives a competitive advantage to its resident businesses, a procurement agency may give an identical competitive advantage to the Maryland firm submitting the lowest responsive and responsible bid in order to determine Contract award.
regulation affecting this Contract.
GP-2.22MULTIPLE OR ALTERNATE BIDS
Unless multiple or alternate bids are requested in the solicitation, these bids may not be accepted. However, if a bidder clearly indicates a base bid, it shall be considered for award as though it were the only bid submitted by the bidder.
GP-2.23BID PROTESTS
A bid protest must be in writing and filed with the procurement officer. Oral objections, whether or not acted on, are not protests.
known or should have been known, whichever is earlier.
before the bid opening or the closing date for receipt of initial proposals shall be filed before the opening date or the closing date for receipt of initial proposals.
within filing time, indicate expected availability date.
Bid protests will be resolved pursuant to COMAR 21.10.02 .
GENERAL PROVISIONS
GP-3.01AWARD OF CONTRACT (SEE GP-2.19)
Written notice of award shall be sent to the successful bidder. A Notice of Award may be rescinded at any time prior to execution of the Contract by the Administrator.
GP-3.02RETURN OF PROPOSAL GUARANTY
All proposal guaranties, except those of the three lowest bidders, will be returned immediately following opening and the review of the proposals. The guaranty of the three lowest bidders will be returned following the execution of the Contract and approval by the Board, if required. The Contractor has the right to substitute a bid bond for other bid security at any time prior to return of the proposal guaranty.
GP-3.03PERFORMANCE BOND AND PAYMENT BOND
REQUIREMENTS
COMAR 21.06.07.01B .
all construction Contracts in excess of $100,000 each in the amount equal to at least 100 percent of the Contract price. The bonds shall be delivered by the bidder to the Administration no later than the time the Contract is to be executed. If the bidder fails to deliver the required bonds, the bid shall be rejected, the bid security shall be enforced, and award of the Contract may be made to the next lowest responsive and responsible bidder.
COMAR 21.07.02.10 , Exhibit A. shall be in the form specified in
COMAR 21.07.02.10 , Exhibit B. shall be in the form specified in
GP-3.04EXECUTION OF CONTRACT
executed Contract form, and performance and payment bonds (if required), approval by the Board of Public Works, (if required), and execution of the Contract by the Administration.