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Procurement Policy

Objective: To establish procurement standards which fulfill the interests of St. Mary's College of Maryland, in accordance with §14-205 of the education article of the annotated code of the public general laws of Maryland.

Approved by BOT: June 6, 1992 to be effective July 1, 1992
Revised: June 4, 1993
Revised: June 4, 1994
Revised: June 21, 1996 to be effective July 1, 1996
Revised: June 6, 1998 to be effective July 1, 1998
Revised: May 12, 2000 to be effective July 1, 2000
Revised: March 1, 2002 to be effective July 1, 2002
Revised: October 7, 2006 to be effective January 24, 2007

SECTION 1. GENERAL INFORMATION

1.1 Authority and Delegation

1.1.1 The Board of Trustees of St. Mary's College of Maryland approved on October 7, 2006, these procurement policies and procedures for the governance of procurements by St. Mary's College of Maryland consistent with the mandate of Chapter 255 of the Laws of Maryland 2006 (Senate Bill 444). Furthermore, the Board of Trustees has delegated to the President of the College the authority to implement and to delegate, as appropriate, to the Vice President for Business and Finance of the College the authority to implement these policies and procedures.

1.1.2 The Vice President of Business and Finance shall establish specific internal procurement requirements and practices, in compliance with these policies and procedures, to ensure efficient and appropriate implementation of procurement actions. In addition, the Vice President of Business and Finance shall identify the Procurement Officer for various types of procurements by the College.

1.1.3 Pursuant to Chapter 255 of the Laws of Maryland 2006, Higher Education- Morgan State University and St. Mary's College of Maryland - Authority and effective July 1, 2006, "except as otherwise provided in this subsection [11-203(e) (2) of the State Finance and Procurement Article] this Division II [of the State Finance and Procurement Article] does not apply to St. Mary's College of Maryland."

1.1.4 Approval of Award Actions
In addition to the authority and delegations provided for herein, the following notifications and approvals apply:

1.1.4.1 Prior to issuing a solicitation, notification must be given in writing to the Vice President for Business and Finance for any procurement exceeding $1 million.
1.1.4.2 Prior notification must be given in writing to the Vice President for Business and Finance for any sole source procurement exceeding $100,000.
1.1.4.3 Any sole source procurement exceeding $500,000 must receive prior approval by the Vice President for Business and Finance.
1.1.4.4 Prior notification must be given to the Vice President for Business and Finance for sole source personal service contracts in excess of $25,000.

1.1.5 Board of Public Works

1.1.5.1 Any contract for capital improvements or services with a value that exceeds $500,000 and any modifications to contracts for capital improvements or services where the value of the modification is in excess of $500,000 shall be submitted to the Board of Public Works for review and approval.
1.1.5.2 Any procurement, regardless of dollar amount, that uses State general obligation bond proceeds authorized by the General Assembly, must be submitted to the Board of Public Works for approval prior to execution of the contract. See Md. State Finance & Proc. Code Ann., ¤ 8-301.
1.1.5.3 Contracts, including modifications, which are subject to approval by the Board of Public Works, are subject to applicable Board of Public works rules and advisories.

1.2 Purpose

These Procurement Policies and Procedures are designed to support and facilitate the educational, research, and public service missions of St. Mary's College of Maryland through the acquisition of goods and services by applying best methods and business practices that provide for public confidence in the College.

This document employs policies that are relevant to the College environment while providing for a procurement process of quality and integrity, broad based competition, fair and equal treatment of the business community, increased economy in the procurement process, and uniform procurement procedures. These values promote the purposes of State procurement law and strike a balance between needed self-management and the Board of Trustees' responsibility to govern the College.

1.3 Applicability

1.3.1 General Applicability

1.3.1.1 These Procurement Policies and Procedures apply to contracts by St. Mary's College of Maryland for the acquisition, rental, purchase or lease of supplies, Services, Maintenance, Capital Improvements, Information Technology services, and Architectural and Engineering services.
1.3.1.2 A procurement contract executed before the effective date of these Policies or Procedures shall be governed by those laws, policies, and procedures in effect at the time of the contract execution unless the procurement contract expressly acknowledged by its terms that is would be subject to these Procurement Policies and Procedures, upon their approval and adoption.
1.3.1.3 Subcontracts and sub-recipients contracts and other agreements entered into by the College in fulfilling its obligations under federal, state, local and private grants and contracts are not procurement actions and are therefore not subject to these Policies and Procedures.
1.3.1.4 The Board of Trustees may, from time to time, amend these policies and procedures in order that they remain consistent with the law and current best methods and business practices. Material changes shall be submitted to the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the Maryland General Assembly for approval.

1.3.2 Exclusions
These policies and procedures do not apply to the following procurements. The Vice President of Business and Finance will have sole discretion in interpreting the applicability of any procurement relative to these exclusions.

1.3.2.1 The lease, sale, purchase, transfer, disposal or any other action involving an interest in Real Property.
1.3.2.2 The sale, transfer and disposal of surplus personal property.
1.3.2.3 Collaborative undertakings that support the mission of the College.
1.3.2.4 Reimbursement contracts for which user eligibility and cost is set by law or by rules and regulations (e.g. Medicaid).
1.3.2.5 Intergovernmental contracts or like-business agreements.
1.3.2.6 Purchases for the purposes of resale or remanufacture and subsequent resale.
1.3.2.7 Agreements creating contractual employee relationships.
1.3.2.8 Cultural, entertainment, and exhibitions or displays on college property and intercollegiate athletic procurement contracts.
1.3.2.9 Surveying and evaluating architecturally, archaeologically, historically or culturally significant properties, and other than as to architectural services, preparing historic preservation planning documents and educational material.
1.3.2.10 Protection and administration of intellectual property rights,
1.3.2.11 Housing, food and related supply or service contracts for conference facilities and/or activities.
1.3.2.12 Contracts of the College for programs and operations located or implemented out of the United States.
1.3.2.13 Any procurement or contract to the extent of any conflict with a governing federal law, regulation, assistance instrument, or other requirement; or the terms of any gift.
1.3.2.14 Contracts for the purchase, use, or development of curricular materials.

SECTION 2. ADVERTISING AND COMPETITION REQUIREMENTS

2.1 Advertising Requirements

2.1.1 Advertising Thresholds:

2.1.1.1 The following advertising requirements apply to all procurements.
2.1.1.1.1 Less than $25,000 - no formal advertising required.
2.1.1.1.2 $25,000 and above - advertised at least 20 days.

2.1.1.2 In addition to the above, the Procurement Officer is responsible to ensure that a solicitation provides reasonable time for prospective offerors to prepare and respond to the solicitation.

2.1.2 Advertising Methods:
To the extent practicable, solicitations shall be published in a manner that best meets the needs of the solicitation. Examples of resources available to the Procurement Officer for publishing a solicitation include but are not limited to:

2.1.2.1 E Maryland Market Place (required)
2.1.2.2 College Bid Board
2.1.2.3 Trade Journals
2.1.2.4 Business Journals
2.1.2.5 World Wide Web
2.1.2.6 Other publications as determined by the Procurement Officer

2.1.3 Solicitation Pre-advertising:
Contracts with an estimated value greater than $1,000,000 may be pre-advertised at least 20 days in advance of the solicitation for bids or proposals. The pre-advertisement will give a brief description of the project, the estimated price range, a description of the procurement method, and an estimated date that the actual solicitation for bids or proposals is planned to be issued.

2.2 Full and Open Competition

2.2.1 The Procurement Officer shall ensure full and open competition for all contract actions with a total value, including options, exceeding $25,000 through the use of competitive procedures described elsewhere in these Policies and Procedures. Delivery orders being issued under indefinite delivery contracts awarded by the College are exempt from this requirement. The competitive procedures available to ensure full and open competition are defined in Section 3 below.

2.2.2 Solicitations shall be provided to a reasonable number of potential proposers known to the College and those requesting a copy of the solicitation in order to assure adequate competition.

2.3 Other than Full and Open Competition:
The Procurement Officer shall take reasonable steps to avoid entering into contracts without full and open competition, except in circumstances where it is both necessary and in the best interests of the College. Further, the Procurement Officer shall take reasonable action to avoid the need to continue to procure the same construction, commodities, supplies and/or services without full and open competition. The Procurement Officer shall ensure that each contract that is entered into without full and open competition contains all of the required clauses, representations, terms, conditions, and certifications, as required by these Procurement Policies and Procedures. The Procurement Officer shall negotiate the most favorable price and conditions notwithstanding the nature of the procurement.

The following circumstances may permit the use of other than full and open competition:

2.3.1 Contracts whose total value, including options, is less than $25,000:

2.3.1.1 For procurements less than $5,000 competition is preferred but not required.
2.3.1.2 Procurements between $5,000 and $10,000 shall have at least two written bids/proposals.
2.3.1.3 Procurements between $10,000 and $25,000 shall have at least three written bids/proposals.

2.3.2 When the Procurement Officer determines that there is only one available source that will satisfy the College's requirements and/or circumstances present (i.e., sole source). In the event that a sole source product or material may be required in multiple procurements, then the sole source justification may be approved on a class action basis. Class action approvals will be for a time period of no longer than 3 years).

2.3.3 With the prior approval of the Attorney General, the College may enter into agreements for services in connection with threatened or pending litigation, appraisals of real property for acquisition by the College, or collective bargaining as permitted by State Finance and Procurement Article ¤ 13-107(b). These contracts do not require full and open competition and may be entered as sole source contracts.

2.3.4 Conditions Involving Unusual and Compelling Urgency or Emergency

When the College's need for the supplies or services is of such an unusual and compelling urgency, as provided herein, the Procurement Officer is permitted to limit the number of sources from which he/she solicits bids or proposals and negotiate on a sole source or limited competition basis. Full and open competition need not be provided.

This authority applies in those situations where-

2.3.4.1 An emergency condition exists that prevents the use of formal competitive procurement methods in awarding or modifying a contract that is essential to the College; and
2.3.4.2 The emergency condition threatens (1) serious injury to health or safety of person(s) or animal(s), (2) serious harm to the preservation or protection of property; or (3) serious harm to the continuance of necessary College functions.
2.3.4.3 Contracts awarded using this authority shall be supported by the written justifications and approvals described in Section 2.4 below. These justifications may be made after contract award when preparation and approval prior to award would unreasonably delay the procurement.
2.3.4.4 The Procurement Officer is not required to publicize the solicitation of a procurement made on an emergency basis. This authority requires that the Procurement Officer shall request offers or proposals from as many potential sources as is practicable under the circumstances.
2.3.4.5 The emergency procurement shall be limited to the procurement of only the types of items and quantities or time period sufficient to meet the immediate threat and shall not be used to meet long-term requirements.

2.3.5 Authorized or required by federal or State of Maryland law.
When a particular procurement is subject to a federal or State of Maryland law and that law requires or prohibits the use of a specific source, other than full and open competition is permitted. The Procurement Officer shall document in the contract award documents the specific law being applied that limits the competition.

2.4 Justifications and Approvals for Other than Full and Open Competition

2.4.1 For procurements under $25,000 the approval of the contract itself constitutes approval to utilize Other than Full and Open Competition methods. Justification and approval requirements stipulated below do not apply.
2.4.2 The Procurement Officer shall not commence negotiations for a sole source contract, commence negotiations for a contract resulting from an unsolicited proposal, or award any other contract without providing for full and open competition unless the Procurement Officer:

2.4.2.1 Justifies the use of such actions in writing;
2.4.2.2 Certifies the accuracy and completeness of the justification; and
2.4.2.3 Obtains the approval required by Section 2.4.7 below.

2.4.3 Faculty and staff employees, who generate the requirements for the goods and services being procured, are required to provide and certify as accurate and complete necessary data to support their recommendation for other than full and open competition. Faculty and staff shall forward such written justifications to the Procurement Officer.

2.4.4 Justifications may be made on an individual or class basis. Whenever a justification is made and approved on a class basis, the Procurement Officer must ensure that each contract action taken pursuant to the authority of the class justification and approval is within the scope of the class justification and approval and shall document the contract file for each contract action accordingly.

2.4.5 The justifications for a contract awarded under the authority of Unusual and Compelling Urgency or Emergency may be prepared and approved within a reasonable time after contract award when preparation and approval prior to award would unreasonably delay the procurement.

2.4.6 Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited, including the following information, as appropriate under the circumstances:

2.4.6.1 Nature and/or description of the action being approved (i.e., sole source, emergency procurement, etc.)
2.4.6.2 A description of the commodities, construction, supplies or services required to meet the College's needs (including the estimated value).
2.4.6.3 A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable under the circumstances, including whether a notice was or will be publicized as required by Section 2.1 above, and, if not, why.
2.4.6.4 Any other material facts supporting the use of other than full and open competition,
2.4.6.5 When Unusual and Compelling Urgency or Emergency is cited as justification, the justification shall include the date the emergency first became known, data, estimated cost, or other rationale as to the extent and nature of the harm to the College.
2.4.6.6 A listing of the potential vendors or contractors, if any, that expressed, in writing, an interest in the procurement.
2.4.6.7 A certification that the justification is accurate and complete to the best of the Procurement Officer's knowledge and belief.

2.4.7 Contracts involving other than full and open competition shall be approved in writing:

2.4.7.1 For a proposed contract over $25,000 the Vice President for Business and Finance shall approve the contract.
2.4.7.2 The approval level for a class justification for other than full and open competition shall be determined by the estimated total value of the class.
2.4.7.3 The estimated dollar value of all options shall be included in determining the value of the proposed contract.

SECTION 3 PROCUREMENT METHODS

Set forth below are the generally accepted methods of procurement, which may be adjusted from time to time in the best interest of St. Mary's College of Maryland to reflect current business practices.

3.1 Simplified Procurement Procedures

3.1.1 Simplified Procurement Limit
The Simplified Procurement limit is $100,000. Procurement requirements shall not be artificially divided so as to constitute simplified procurements.

3.1.2 Procurements Using a Purchasing Card
For purchases not to exceed $5,000 per transaction, the preferred method of purchase is using the purchasing card, where accepted by the vendor, and in accordance with the policies and procedures set forth by the College.

3.1.3 Non-competitive Small Procurement Orders
Where the simplified procurement order does not exceed $5,000, competition is preferred, but is not required.

3.1.4 Competitive Simplified Procurements

3.1.4.1 Advertisement and competition requirements provided in Section 2 shall apply to simplified procurements over $5,000.
3.1.4.2 Simplified procurements can be accomplished using any approved procurement type as described within this Section 3.
3.1.4.3 Solicitations for simplified procurements shall include mandatory requirements as provided in Appendix A of these Procurement Policies and Procedures.

3.1.5 Records
Adequate records shall be kept for simplified procurements and may include the following:

3.1.5.1 Name of authorized purchaser
3.1.5.2 Date of purchase
3.1.5.3 Name of vendor and vendor's social security number or federal employer identification number (FEIN)
3.1.5.4 If applicable, charge slip or telephone purchasing card log
3.1.5.5 Itemized receipt, packing slip, or itemized repair order, if applicable
3.1.5.6 Copy of written or published solicitation, if used
3.1.5.7 Solicitation documentation including names of vendors, copies of any written responses received, bid or offer amounts, basis for the award, identification of MBE/SBE vendors, or copy of sole source justification or explanation for single bid response
3.1.5.8 Approved by Director of Budget for fund availability to satisfy the contractual requirement.
3.1.5.9 Copy of purchase order or contract.

3.1.6 Modifications
Modifications to a simplified procurement shall be approved by the Procurement Officer.

3.1.7 Required Solicitation and Contract Clauses
In addition to those terms, conditions and specifications necessary to the particular procurement, simplified acquisitions shall include terms and conditions in accordance with Appendix A of these Procurement Policies and Procedures.

3.2 Competitive Sealed Bidding

3.2.1 Use of Competitive Sealed Bids
Competitive Sealed bidding, also called "Invitation for Bid", is a method of procurement which results in a contract awarded to the lowest evaluated responsive bid from a responsible bidder based on the specifications set forth in the solicitation. Typical reasons why Competitive Sealed Bids may be used include:

3.2.1.1 The award will be made on the basis of price and other price related factors.
3.2.1.2 It is not necessary to conduct negotiations with the responding sources about contract specifications or their bids.
3.2.1.3 Time permits the solicitation, submission and evaluation of sealed bids.
3.2.1.4 There is a reasonable expectation of receiving more than one sealed bid.

3.2.2 Required Solicitation and Contract Clauses

3.2.2.1 In addition to those terms, conditions and specifications necessary to a particular procurement, written solicitations, purchase orders, and written contracts resulting from competitive sealed bidding must include terms and conditions in accordance with Appendix A of these Procurement Policies and Procedures.
3.2.2.2 The solicitation shall state the date, time, and method for submission of bids. The Procurement Officer will establish a reasonable time, but no less than the minimum time period provided in Section 2 of these Procurement Policies and Procedures, for prospective bidders to prepare and submit their bids.

3.2.3 Pre-Bid Conference
Unless otherwise stated in the solicitation document, attendance of prospective bidders at pre-bid conferences is not mandatory.

3.2.4 Amendments or Addenda
If any amendments or addenda are required, the Procurement Officer shall send a copy of the amendments to all potential bidders that are known to have received a copy of the solicitation. All amendments shall include a statement to the effect that bidders are required to acknowledge receipt of any amendments to the request for bids. If appropriate, the due date shall be adjusted to insure that sufficient time is given to prospective bidders to consider the information contained in the amendment for preparation of their responses.

3.2.5 Bid Opening

3.2.5.1 Once received, all bids and modifications to bids shall be placed in a secure place until the date and time for the bid opening. After the receipt of bids and before the bid opening, the College shall not disclose the identity of any bidder.
3.2.5.2 Bids are to be opened publicly. The name, bid price and other relevant information shall be read aloud or otherwise made available to those in attendance at the bid opening.
3.2.5.3 All bids received must be recorded, tabulated or summarized.
3.2.5.4 At a reasonable time, after the bid opening, all bids are available for public inspection.

3.2.6 Late Bids, Late Withdrawals, and Late Modifications

3.2.6.1 Any bid, request for withdrawal, or modification of a bid that is not received at the designated location, time, and date set forth in the bid documents will be considered late and will not be considered. Delivery of the bid to the specified location at the prescribed time and date is the sole responsibility of the bidder.
3.2.6.2 At the sole discretion of the Procurement Officer, exceptions may be made only when the reason for the late bid, late request for withdrawal or late modification of a bid, is due to the action or inaction of the College's personnel directing the procurement activity or their employees.
3.2.6.3 A record of the late bid, request for withdrawal, or modification of a bid, shall be made in the appropriate procurement file.

3.2.7 Form of Bids
Bids must be submitted in writing by the specified due date and time. If bids are to be permitted by other than written and signed documents, requirements must be stated in the solicitation. Bids may be submitted via such other forms (i.e., fax, electronic, etc.) as the bid documents specifically allow.

3.2.8 Bid Requirements

3.2.8.1 Bids shall be based upon the specifications contained in the solicitation.
3.2.8.2 Unless provided for in the solicitation documents that electronic forms of bid transmission are acceptable, each bid shall be typewritten or written legibly in ink.
3.2.8.3 If in writing, all erasures or alterations shall be initialed in ink by the person who signs the bid.
3.2.8.4 Unless otherwise indicated in the bid documents, each bid shall be submitted in an envelope that clearly indicates that it contains a bid and identifies the bid by the bid number.

3.2.9 Mistakes, Errors, and Withdrawals of Bids

3.2.9.1 Technicalities or minor irregularities in bids may be waived if the Procurement Officer determines that it shall be in the College'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 if it is to the College's advantage to do so.
3.2.9.2 A bidder may correct mistakes discovered before the time and date set for bid opening by withdrawal or correcting the bid as provided in Section 3.2.6 above.
3.2.9.3 If the Procurement Officer knows or has reason to conclude that a mistake has been made, the bidder may be requested 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. If the bidder alleges mistake, the bid may be corrected or withdrawn upon the written approval of the Procurement Officer if any of the following conditions are met:

3.2.9.3.1 If the mistake and the intended correction 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.
3.2.9.3.2 A bidder may be permitted to withdraw a low bid if:
3.2.9.3.2.1 A mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or
3.2.9.3.2.2 The bidder submits proof of evidential value that clearly and convincingly demonstrates a mistake was made.

3.2.9.4 Mistakes may not be corrected after award of the contract except when the Procurement Officer 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 in writing by the Procurement Officer.
3.2.9.5 When a bid is corrected or withdrawn, or correction or withdrawal is denied, the Procurement Officer shall prepare a determination showing that the relief was granted or denied in accordance with these policies and procedures.

3.2.10 Bid Evaluation and Award

3.2.10.1 Unless otherwise specified in the solicitation documents, bids shall remain irrevocable for a period of 90 days after the bid opening. If the Procurement Officer determines that this is not sufficient time to make an award, the time may be extended upon written request to the bidders. The Procurement Officer shall request of each bidder, that his bid shall continue to be irrevocable for the specified period of time.
3.2.10.2 An award will be made to the bidder offering the most favorable price that has been determined to be both responsible and responsive in meeting the requirements set forth in the solicitation. The College may make multiple awards if it is deemed to be in the best interest of the College, and if provided for in the solicitation. Bids may not be evaluated on criteria other than those set forth in the solicitation documents.
3.2.10.3 The College reserves the right to make an award as a total, item by item or by groups of items as determined to be in the best interest of the College.
3.2.10.4 If a single bid is received in response to a solicitation and the Procurement Officer determines that the bid is responsive and from a responsible bidder and other bidders had a reasonable opportunity to respond, a negotiated award may be made if it is determined by the Procurement Officer to be in the best interest of the College.
3.2.10.5 Unless it is specifically stated in the solicitation that multiple or alternate bids will be accepted, they may not be accepted. If they are to be accepted, the solicitation should set forth how such bids are to be treated.
3.2.10.6 Bids conditioned upon the award of another contract are not acceptable.
3.2.10.7 Alternates: In the event that additive and/or deduct alternates are solicited in the solicitation, the College reserves the right to select alternates regardless of the order in which they are listed.

3.2.11 Tie bids

3.2.11.1 Tie bids are responsive bids from responsible bidders that are identical in price, terms, and conditions and which meet all the requirements and evaluation criteria set for in the invitation to bid.
3.2.11.2 The award shall be made to the in-state business if identical favorable bids are received from in-State and out-of-state bidders. However, in order for St. Mary's College of Maryland to achieve its overall minority participation goal, a contract may be awarded as follows:

3.2.11.2.1 If identical favorable bids are received from an in-state certified minority business enterprise and an in-state non-minority business enterprise, or an out-of-state non-minority business enterprise, the award may be made to the certified minority business enterprise.
3.2.11.2.2 If identical favorable bids are received from in state and out-of-state certified minority business enterprises, the award may be made to the certified minority business enterprise having the greatest amount of certified minority business enterprise participation in the particular contract.
3.2.11.2.3 If identical favorable bids are received from in-state and out-of-state non-minority business enterprises, the award may be made to the non-minority business enterprise having the greatest amount of minority participation in the contract, including staff or certified minority business enterprise subcontract participation in the contract.
3.2.11.2.4 If identical favorable bids are received from in-state bidders or from out-of-state bidders and no rules for implementing a procedure for solving a tie bid apply, a drawing shall be conducted. A witness shall be present to verify the drawing and shall certify the results on the bid tabulation sheet.

3.2.11.3 Records shall be made of all invitations for bids on which tie bids are received.

3.2.12 Cancellation of invitations after opening

3.2.12.1 Preservation of the integrity of the competitive bid system dictates that, after bids have been opened, award must be made to that responsible bidder who submitted the lowest responsive bid, unless there is a compelling reason to reject all bids and cancel the invitation.
3.2.12.2 Every effort shall be made to anticipate changes in a requirement before the date of opening and to notify all prospective bidders of any resulting modification or cancellation. This will permit bidders to change their bids and prevent unnecessary exposure of bid prices.
3.2.12.3 As a general rule, after the opening of bids, an invitation should not be cancelled and re-solicited due solely to increased requirements for the items being acquired. Award should be made on the initial invitation for bids and the additional quantity should be treated as a new acquisition.
3.2.12.4 The Procurement Officer may reject all bids and cancel the invitation before award but after bid opening, and proceed with a new solicitation, when the Procurement Officer determines, in writing, that:

3.2.12.4.1 Inadequate or ambiguous specifications were cited in the invitation;
3.2.12.4.2 Specifications have been revised;
3.2.12.4.3 The supplies or services being procured are no longer required;
3.2.12.4.4 The invitation did not provide for consideration of all factors of cost to the College;
3.2.12.4.5 Bids received indicate that the needs of the College can be satisfied by a less expensive article differing from that for which the bids were invited; or
3.2.12.4.6 For other reasons when cancellation is clearly in the best interest of the State of Maryland or the College.

3.2.12.5 The Procurement Officer, with approval of the Vice President of Business and Finance, may reject all bids and, without issuing a new solicitation, convert the solicitation to a Negotiated Competitive Sealed Bid as provided in Section 3.2.15 of these Procurement Policies and Procedures, when:

3.2.12.5.1 All otherwise acceptable bids received are at unreasonable prices, or only one bid is received and the Procurement Officer cannot determine the reasonableness of the bid price;
3.2.12.5.2 The bids were not independently arrived at in open competition, were collusive, or were submitted in bad faith; or
3.2.12.5.3 No responsive bid has been received from a responsible bidder.

3.2.12.6 Should administrative difficulties be encountered after bid opening that may delay award beyond the time period established in the solicitation for which bids are irrevocable, bidders whose bids have not expired (irrespective of the acceptance period specified in the bid) may be requested, before expiration of their bids, to extend in writing the bid acceptance period (with consent of sureties, if any) in order to avoid the need to re-solicit the procurement.

3.2.13 Records
When bids have been rejected or canceled before the due date, bids shall be returned to the bidders unopened. When an award has been made copies of the opened bids and any supporting documentation shall be retained in the procurement file.

3.2.14 Multi-Step Sealed Bidding
A "multi-step sealed bid" is a multiple-phase process in which bidders first submit un-priced technical offers or samples, or both, to be evaluated by the College and then, those bidders whose technical offers or samples, or both, have been found to be acceptable submit price bids which are then considered. Bidders whose technical offers or samples are found to be unacceptable will be so notified prior to the College requesting pricing from acceptable bidders. The procedures set forth in Section 3.3.13 are to be followed when debriefing unsuccessful bidders.

3.2.15 Conversion from Competitive Sealed Bid to Negotiated Competitive Sealed Bid
In the event that a solicitation is converted from competitive sealed bids to a Negotiated Competitive Sealed Bid in accordance with Section 3.2.12.5 above:

3.2.15.1 Each responsible bidder in the sealed bid acquisition shall be given an opportunity to participate in negotiations and provide a revised bid;
3.2.15.2 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.
3.2.15.3 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.
3.2.15.4 The award shall be made to the responsible bidder offering the lowest negotiated price.

3.3 Competitive Sealed Proposals

3.3.1 Request For Proposals (RFP)
This procurement method employs an RFP for the solicitation of Competitive Sealed Proposals which are evaluated on the basis of factors that include but are not limited to price. Evaluation shall be based on the factors set forth in the request for proposals in order to determine which proposal best meets the needs of the College.

3.3.2 Issuance and Content of Proposals

3.3.2.1 The Procurement Officer shall issue a written solicitation containing all information necessary for prospective proposers to prepare a proposal. Identical information shall be furnished to all potential proposers. If indicated in the solicitation, facsimile or electronic proposals may be authorized.
3.3.2.2 The solicitation may be divided into multiple steps for receipt of technical and price proposals.
3.3.2.3 The Procurement Officer shall insure that sufficient time, but no less than that established in Section 2.1 above, is given to potential proposers to prepare responses.
3.3.2.4 An RFP shall include:

3.3.2.4.1 date, time and place for receipt of proposals.
3.3.2.4.2 the evaluation factors and an indication of the relative importance and/or order of importance of each evaluation factor (including price). Numerical rating systems may be used, but are not required. If used, numerical factors need not be disclosed in the solicitation.
3.3.2.4.3 a statement of the services, items, or equipment required.
3.3.2.4.4 a statement as to how and when price proposals will be submitted (if not received at the same date and time as technical proposals).
3.3.2.4.5 all mandatory solicitation requirements in accordance with Appendix A.
3.3.2.4.6 all required contract terms and conditions, certifications, and securities in accordance with Appendix A.
3.3.2.4.7 If any amendments or addenda are required, the Procurement Officer shall send a copy of the amendments to all potential proposers that are known to have received a copy of the solicitation. All amendments shall include a statement to the effect that proposers are required to acknowledge receipt of any amendments to the request for proposals. If appropriate, the due date shall be adjusted to insure that sufficient time is given to prospective proposers to consider the information contained in the amendment for preparation of their responses.

3.3.3 Pre-Proposal Conference
Unless otherwise stated in the solicitation document, attendance of prospective bidders at pre-proposal conferences is not mandatory.

3.3.4 Receipt of Proposals

3.3.4.1 All proposals shall be placed in a secure place until the due date and time. Proposals may not be opened publicly. The Procurement Officer shall ensure that appropriate procedures are in place for the opening of proposals.
3.3.4.2 A register of proposals shall be prepared identifying each proposer submitting a proposal. In no event shall the register be disclosed subsequent to the due date of the Financial offers and prior to the award.
3.3.4.3 After contract award, proposals shall be open to the public subject to the provisions of the Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

3.3.5 Mistakes, Errors, and Withdrawal of Proposals
Mistakes, errors and withdrawals of proposal shall be treated in the same manner as provided for in competitive sealed bids in Section 3.2.9 above.

3.3.6 Late Proposals, Late Modifications, and Late Withdrawals
Late proposals, late modifications and late withdrawals shall be handled in accordance with Section 3.2.6 above.

3.3.7 Classification of Proposals

3.3.7.1 The Procurement Officer may classify proposals as:

3.3.7.1.1 Reasonably susceptible of being selected for award; or
3.3.7.1.2 Not reasonably susceptible of being selected for award.

3.3.7.2 Proposers judged by the Procurement Officer as not responsible or proposals not reasonably susceptible of being selected for award, shall be so classified and the proposer(s) so notified.

3.3.8 Evaluation of Proposals

3.3.8.1 Prior to the technical evaluation, the Procurement Officer shall establish the basis for the evaluation.
3.3.8.2 During the evaluation of the proposals, information contained in proposals shall not be disclosed to

3.3.8.2.1 a prospective proposer or
3.3.8.2.2 anyone outside of the evaluation committee except to those deemed necessary to assist the committee in evaluating the proposals. Any outside evaluator or person providing assistance to the committee shall be advised that the information discussed will be used only for evaluation purposes and shall not be further disclosed.

3.3.8.3 Proposals determined to be reasonably susceptible of being selected for award shall be evaluated as set forth in the solicitation.
3.3.8.4 Technical and price proposals shall be evaluated independently of each other. Price evaluations may be done at the completion of the technical evaluation or at the same time as the technical evaluation so long as it is done independently and the results not revealed until such time as the technical evaluation is completed.
3.3.8.5 Performance (past and present) may be used as an evaluation factor in determining the proposer's ability to perform under the contract. If performance is to be considered, that must be stated in the solicitation. Proposers shall be asked to provide references. In addition, the College may use itself as a reference as well as other references that may be known to the College but not provided by the proposer.
3.3.8.6 Multiple or alternate proposals, if permitted by the solicitation documents, shall be handled in accordance with Section 3.2.10.5 above.
3.3.8.7 At the discretion of the Procurement Officer following the recommendation by the evaluation committee, a short-list of qualified proposals may be established during the technical evaluation. Only those firms short-listed would continue in the evaluation process. Those firms not short-listed shall be so advised. At this point, a second phase of the technical evaluation may take place. The second phase may include oral presentations with further discussions and refinements with the short-listed firms.
3.3.8.8 At the conclusion of the evaluation, the Procurement Officer shall document the following:

3.3.8.8.1 An analysis of the technical proposals including an assessment of each proposer's ability to meet the technical requirements of the solicitation;
3.3.8.8.2 A summary of the findings of the evaluation committee.

3.3.9 Price Proposals

3.3.9.1 In accordance with Section 3.3.2.4 above, the RFP shall stipulate how and when price proposals shall be received.
3.3.9.2 If price proposals are received concurrently with technical proposals, price proposals will only be evaluated from proposals determined to be reasonably susceptible for award or from short-listed proposers.
3.3.9.3 If price proposals are received subsequent to the evaluation of technical proposals, the Procurement Officer shall solicit price proposals only from those proposers whose proposals are determined to be reasonably susceptible for award or from short-listed proposers.

3.3.10 Discussions and/or Negotiations

3.3.10.1 At the sole discretion of the Procurement Officer, discussions and/or negotiations may be held with all proposers still under consideration.
3.3.10.2 Proposers shall be treated fairly and equally with respect to any opportunity for discussions, negotiations and clarifications. The Procurement Officer shall establish the procedures and schedule for conducting any discussions.
3.3.10.3 Discussions may take place at any point during the evaluation process. To the extent that information revealed during the discussions affects the ranking of proposers during the technical or price evaluation phase, the rankings may be adjusted accordingly.
3.3.10.4 If any discussions reveal information that requires a substantive clarification of, or change to the request for proposals, the Procurement Officer shall amend the request for proposals to incorporate the change(s) and a copy of the amendment shall be sent to all proposers still under consideration.
3.3.10.5 During discussions, the Procurement Officer shall not disclose or permit to be disclosed any information from a competing proposal or advise a proposer of its standing relative to another proposer.
3.3.10.6 The Procurement Officer may allow the proposer a reasonable opportunity to submit any technical, cost, financial, or other information and materials, or revisions to its proposals that may result from the discussions.
3.3.10.7 A record of each discussion shall be kept in the procurement file.

3.3.11 Best and Final Offers

3.3.11.1 When the Procurement Officer determines it is in the best interest of the College, proposers may be permitted to revise their proposals by submitting a best and final offer or series of best and final offers.
3.3.11.2 The Procurement Officer shall establish a due date and time for best and final offers.
3.3.11.3 A proposer's previous offer shall be deemed final unless a new best and final offer is submitted as requested.

3.3.12 Basis of Award
Award shall be made to the responsible proposer whose overall technical and financial proposal was evaluated as best meeting the needs of the College as set forth in the RFP. The College may make multiple awards if it is deemed to be in the best interest of the College, and if provided for in the solicitation.

3.3.13 Debriefing of Unsuccessful Proposers

3.3.13.1 Unsuccessful proposers may request a debriefing. If the proposer chooses to do so, the request must be submitted in writing to the Procurement Officer within ten days after the proposer knew, or should have known its proposal was unsuccessful. Debriefings shall be limited to discussion of the specific proposer's proposal only and shall not include a discussion of a competing offeror's proposal. Debriefings shall be conducted at the earliest feasible time.
3.3.13.2 The debriefing may include information on areas in which the unsuccessful proposer's proposal was deemed weak or insufficient.
3.3.13.3 Debriefing may not include discussion or dissemination of the thoughts, notes or rankings of individual members of an evaluation committee.
3.3.13.4 Debriefing may include a summary of the Procurement Officer's rationale for the selection decision and recommended award.

3.3.14 Award of Competitive Sealed Proposals
Notice of award shall be published in the eMaryland Market Place and/or by direct notification to all proposers.

3.4 Unsolicited Proposals

3.4.1 Defined
At the recommendation of the Procurement Officer, the College may accept an unsolicited proposal for evaluation if the proposal:

3.4.1.1 is innovative and unique;
3.4.1.2 was independently originated and developed by the Proposer;
3.4.1.3 was prepared without the supervision of the College
3.4.1.4 includes sufficient detail to permit a determination that College support would be worthwhile; and
3.4.1.5 shows that the proposal would benefit the College.

3.4.2 Documentation
Unsolicited proposals shall contain information to permit consideration in an objective and timely manner, such as;

3.4.2.1 The Proposer's name and address and type of organization, such as profit, nonprofit, educational, or certified minority business enterprise;
3.4.2.2 The names and telephone numbers of technical and business personnel to be contacted for evaluation or negotiation purposes;
3.4.2.3 The identification of proprietary data to be used only for evaluation purposes;
3.4.2.4 The signature of a person authorized to represent and contractually obligate the proposer;
3.4.2.5 The proposed price or total estimated cost for the effort in sufficient detail for meaningful evaluation;
3.4.2.6 The period of time for which the proposal is valid;
3.4.2.7 The type of contract preferred; and
3.4.2.8 The proposed duration of the effort.

3.4.3 Evaluation of Unsolicited Proposals
When performing an evaluation of an unsolicited proposal, the following factors shall be considered, in addition to any others appropriate for the particular proposal:

3.4.3.1 The unique and innovative methods, approaches, or concepts demonstrated by the proposal;
3.4.3.2 The overall scientific, technical, or socio-economic merits of the proposal;
3.4.3.3 The potential contribution of the effort to the College's specific mission
3.4.3.4 The proposer's capabilities, related experience, facilities, techniques, or unique combinations of these which are integral factors for achieving the proposal objectives; and
3.4.3.5 The qualifications, capabilities, and experience of the proposed team leader or key personnel who are critical to achieving the proposal objective.

3.4.4 Return of Unsolicited Proposals
The College must reject an unsolicited proposal and it shall be returned to the proposer, citing reasons, when its substance meets any of the following:

3.4.4.1 It is available to the College without restriction from another source;
3.4.4.2 It closely resembles a pending competitive procurement; or
3.4.4.3 It does not demonstrate an innovative and unique method, approach, or concept, or if it does, another method, approach, or concept may be available to the College on the basis of competitive proposals.
3.4.4.4 If the proposal is deemed not in the best interest of the College or is deemed by the College as not of value to the College.
3.4.4.5 If the College has no requirement for what is proposed and/or the proposal is not affordable.

3.4.5 Requirement to Make an Award
A favorable evaluation of an unsolicited proposal does not, by itself, require the College to make an award.

3.4.6 Negotiations
The Procurement Officer may negotiate.

3.4.7 Notice of Award: the Procurement Officer will post a notice of award for any accepted unsolicited proposal.

3.5 Procurement by Cooperative Purchasing Agreements

3.5.1 The College may participate in, conduct, sponsor or administer a cooperative purchasing agreement. The purpose of such agreements is to promote efficiency and savings that can result from cooperative purchasing. This includes but is not limited to agreements with any of the following:

3.5.1.1 The federal government or an agency or other instrumentality of the federal government;
3.5.1.2 The State of Maryland, another state, or an agency or other instrumentality of another state;
3.5.1.3 A bistate or multistate agency;
3.5.1.4 A county, municipal corporation, or other political subdivision of the State or of another state, or an agency or other instrumentality of the political subdivision;
3.5.1.5 Other institutions of higher education and the University of Maryland Medical System.
3.5.1.6 A cooperative or organization established for the purpose of establishing contracts to aggregate the common requirements of similar institutions for maximize economies of scale when soliciting bids or proposals.
3.5.1.7 Alumni associations, foundations, and faculty practice organizations recognized by the Board of Trustees, in accordance with Education Article Section 15-104.

3.5.2 The College's solicitation must state that the contract may be made available to other agencies for cooperative procurements.

3.6 Use of Contracts Established by Other Institutions or Agencies
St. Mary's College of Maryland may use contracts established by other Agencies or Institutions provided that use of the contract is in the best interest of the College, and provided that the contract was awarded after a procurement process (including Sole Source or Negotiated Procurement), and provided that the terms of the applicable contract does not prohibit use by St. Mary's College of Maryland. Examples of Institutions whose contracts are acceptable for use include, but are not limited to:

3.6.1 The federal government or an agency or other instrumentality of the federal government;

3.6.2 The State of Maryland, another state, or an agency or other instrumentality of another state;

3.6.3 A bistate or multistate agency;

3.6.4 A county, municipal corporation, or other political subdivision of the State or of another state, or an agency or other instrumentality of the political subdivision;

3.6.5 Other institutions of higher education and the University of Maryland Medical System.

3.6.6 A cooperative or organization established for the purpose of establishing contracts to aggregate the common requirements of similar institutions for maximize economies of scale when soliciting bids or proposals.

3.7 Architectural and Engineering (A/E) Services

3.7.1 These A/E policies and procedures are for the procurement and award of contracts, consultant agreements, and other obligations for architectural and/or engineering including but not limited to landscape architecture, land-use planning, programming, commissioning, cost estimating, land-use planning, and interior design services.

3.7.2 St. Mary's College of Maryland is committed to a best value selection process in the procurement of A/E services.

3.7.3 Except as specifically provided below, the Procurement Method for A/E services over $25,000 will be in accordance with the Competitive Sealed Proposals (Section 3.3).

3.7.3.1 Selection Committee: The Associate Vice President of Facilities shall establish a Selection Committee composed of appropriate representatives from the College and affiliated organizations.
3.7.3.2 Ranking of Proposers:

3.7.3.2.1 Upon completing the evaluation of technical and price proposals, in accordance with Section 3.3.8 above, the Selection Committee will provide the Procurement Officer a ranking of proposers.
3.7.3.2.2 Upon approval of the Selection Committee's ranking, the Procurement Officer shall notify all proposers of the ranking and that only the proposer ranked number one or, in the case of a solicitation in which multiple awards are applicable, the appropriate number of the highest ranking firms, will proceed to the negotiation phase.

3.7.3.3 Negotiation Phase:

3.7.3.3.1 The Procurement Officer shall designate a negotiation committee composed of appropriate representatives from the College and/or affiliated organization.
3.7.3.3.2 Negotiations shall be conducted between the number one ranked proposer, or in the case of a solicitation in which multiple awards are applicable, the appropriate number of the highest ranking proposers, and the negotiation committee.
3.7.3.3.3 If the negotiation committee is unable to negotiate a satisfactory contract, the committee shall advise the Procurement Officer of such.
3.7.3.3.4 If the Procurement Officer determines that a satisfactory contract cannot be negotiated, the negotiations shall be terminated. In such instances, the Procurement Officer may either direct the negotiation committee to commence negotiations with the next ranked candidate firm or firms or re-advertise the procurement.
3.7.3.3.5 Upon completion of successful negotiations, the Negotiation Committee will forward its recommendation for contract award to the Procurement Officer.

SECTION 4-CONTRACT TYPES

4.1 General

4.1.1 A wide selection of contract types is available to the College in order to provide needed flexibility in acquiring the variety and volume of supplies, services and maintenance required by the College. Contract types vary according to:

4.1.1.1 The degree and timing of the responsibility assumed by the contractor for cost of performance; and

4.1.1.2 The amount and nature of profit incentive offered to the contractor for achieving or exceeding specific standards or goals.

4.1.2 The following contract types are available:

4.1.2.1 Fixed Price Contracts: in which the contractor has full responsibility for the performance cost and resulting profit (or loss).

4.1.2.2 Indefinite Delivery (with fixed unit costs): in which multiple orders can be placed based on defined units of service or product and in which the contractor has full responsibility for the performance cost and resulting profit (or loss).

4.1.2.3 Cost Reimbursement Contracts: -in which the contractor's responsibility for performance costs and profit or fee incentives offered are tailored to the uncertainties involved in contract performance.

4.1.2.4 Time and Material Contracts: similar to Cost Reimbursement Contracts but used in exigent circumstances where time is not available to pre-establish costing guidelines other than a maximum limit.

4.1.2.5 Labor-Hour Contracts: similar to Time and Material Contracts in which the materials are excluded.

4.1.2.6 Incentive Contracts: in which the profit or fee payable under the contract is directly related to the contractor's performance. Incentive contracts can either be fixed price contracts with an incentive or cost reimbursable contracts with an incentive.

4.1.3 Individual contracts may include elements of two or more types of contracts such as a fixed price contract with unit prices, allowances, or reimbursements.

4.1.4 Except in case of emergency affecting the public health, safety or welfare of the College community, no contract using Federal funds shall be awarded on a cost plus- percentage of cost basis.

4.2 Factors in Selecting Contract Types

4.2.1 There are many factors that the Procurement Officer should consider in selecting the contract type. They include but are not limited to the following:

4.2.1.1 Price competition
Normally, effective price competition results in realistic pricing, and a fixed-price contract is ordinarily in the College's best interest.

4.2.1.2 Price analysis
Price analyses may provide a basis for selecting the contract type.

4.2.1.3 Cost analysis
Uncertainties involved in performance and their impact on costs should be identified and evaluated, so that a contract type that places a reasonable degree of cost responsibility upon the contractor can be selected.

4.2.1.4 Urgency of the requirement
If urgency is a primary factor, the College may choose to assume a greater proportion of risk or offer incentives to ensure timely contract performance.

4.2.1.5 Period of performance
In times of economic uncertainty, contracts extending over a relatively long period may require economic price adjustment terms.

4.2.1.6 Contractor's Capability
Technical capability and financial responsibility of the contractor.

4.2.1.7 Adequacy of contractor's accounting system
Except for a firm fixed-price contract, the Procurement Officer should determine that the contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific type of contract contemplated and that the contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles

4.3 Fixed-Price Contracts

4.3.1 General
Fixed-price types of contracts provide for a firm price or, in appropriate cases, an adjustable price. Fixed-price contracts providing for an adjustable price may include a ceiling price, a target price (including target cost), or both. Unless otherwise specified in the contract, the ceiling price or target price is subject to adjustment only by operation of contract clauses providing for equitable adjustment or other revision of the contract price under stated circumstances.

4.3.2 Description
A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties. The Procurement Officer may use a firm-fixed-price contract in conjunction with performance or delivery incentives. The contract type remains firm-fixed-price when used with these incentives.

4.3.3 Application.
A firm-fixed-price contract is suitable for acquiring commercial items or for acquiring other supplies or services on the basis of reasonably definite functional or detailed specifications when the Procurement Officer can establish fair and reasonable prices at the outset, such as when-

4.3.3.1 There is adequate price competition;
4.3.3.2 There are reasonable price comparisons with prior purchases of the same or similar supplies or services made on a competitive basis or supported by valid cost or pricing data;
4.3.3.3 Available cost or pricing information permits realistic estimates of the probable costs of performance; or
4.3.3.4 Performance uncertainties can be identified and reasonable estimates of their cost impact can be made, and the contractor is willing to accept a firm fixed price representing assumption of the risks involved.

4.4 Indefinite Delivery Contracts

4.4.1 Definitions.
"Delivery order contract" means a contract for supplies that does not procure or specify a firm quantity of supplies (other than a minimum or maximum quantity) and that provides for the issuance of orders for the delivery of supplies during the period of the contract.
"Task order contract" means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract.

4.4.2 General.

4.4.2.1 There are three types of indefinite-delivery contracts: definite-quantity contracts, requirements contracts, and indefinite-quantity contracts. The appropriate type of indefinite-delivery contract may be used to acquire supplies and/or services when the exact times and/or exact quantities of future deliveries are not known at the time of contract award.

4.4.2.1.1 Definite-quantity contracts allow the College to buy a specific quantity of goods or services within a range of indefinite delivery dates.
4.4.2.1.2 Requirements contracts require the College to purchase all of its requirements for a specified product or service via the contract.
4.4.2.1.3 Indefinite-quantity contracts allow the College to buy a non-specific quantity within a specified range of products over a specified period of time.

4.4.2.2 The various types of indefinite-delivery contracts offer the following advantages:
All three types permit-

4.4.2.2.1 College stocks to be maintained at minimum levels; and
4.4.2.2.2 Direct shipment to users on Campus.

4.4.2.3 Indefinite-quantity contracts and requirements contracts also permit-

4.4.2.3.1 Flexibility in both quantities and delivery scheduling; and
4.4.2.3.2 Ordering of supplies or services after requirements materialize.

4.4.2.4 Indefinite-quantity contracts limit the College's obligation to the minimum quantity specified in the contract.
4.4.2.5 Requirements contracts may permit faster deliveries when production lead time is involved, because contractors are usually willing to maintain limited stocks when the College will obtain all of its actual purchase requirements from the contractor.
4.4.2.6 Indefinite-delivery contracts may provide for any appropriate cost or pricing arrangement under this Section 4. Cost or pricing arrangements that provide for an estimated quantity of supplies or services (e.g., estimated number of labor hours) must comply with following:

4.4.2.6.1 The contract must require the College to order and the contractor to furnish at least a stated minimum quantity of supplies or services. In addition, if ordered, the contractor must furnish any additional quantities, not to exceed the stated maximum. The procurement officer should establish a reasonable maximum quantity based on market research, trends on recent contracts for similar supplies or services, survey of potential users, or any other rational basis.
4.4.2.6.2 To ensure that the contract is binding, the minimum quantity must be more than a nominal quantity, but it should not exceed the amount that the College is fairly certain to order.
4.4.2.6.3 The contract may also specify maximum or minimum quantities that the College may order under each task or delivery order and the maximum that it may order during a specific period of time.
4.4.2.6.4 A solicitation and contract for an indefinite quantity must:

4.4.2.6.4.1 Specify the period of the contract, including the number of options and the period for which the College may extend the contract under each option;
4.4.2.6.4.2 Specify the total minimum and maximum quantity of supplies or services the College will acquire under the contract;
4.4.2.6.4.3 Include a statement of work, specifications, or other description, that reasonably describes the general scope, nature, complexity, and purpose of the supplies or services the College will acquire under the contract in a manner that will enable a prospective offeror to decide whether to submit an offer;
4.4.2.6.4.4 State the procedures that the College will use in issuing orders, including the ordering media, and, if multiple awards may be made, state the procedures and selection criteria that the College will use to provide awardees a fair opportunity to be considered for each order (see 4.4.3.2);

4.4.3 Ordering.

4.4.3.1 General.

4.4.3.1.1 The Procurement Officer does not solicit orders under indefinite-delivery contracts.
4.4.3.1.2 Individual orders shall clearly describe all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the order is placed. Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the contract.
4.4.3.1.3 Performance-based acquisition methods must be used to the maximum extent practicable, if the contract or order is for services.
4.4.3.1.4 Orders may be placed by using any medium specified in the contract.
4.4.3.1.5 Orders placed under indefinite-delivery contracts must contain the following information:

4.4.3.1.5.1 Date of order.
4.4.3.1.5.2 Contract number and order number.
4.4.3.1.5.3 For supplies and services, contract item number and description, quantity, and unit price or estimated cost or fee.
4.4.3.1.5.4 Delivery or performance schedule.
4.4.3.1.5.5 Place of delivery or performance (including consignee).
4.4.3.1.5.6 Any packaging, packing, and shipping instructions.
4.4.3.1.5.7 Accounting and appropriation data.
4.4.3.1.5.8 Method of payment and payment office, if not specified in the contract

4.4.3.2 Orders under multiple award contracts- Fair opportunity.

4.4.3.2.1 In the event of multiple awards to two or more vendors, the Procurement Officer must provide each awardee a fair opportunity to be considered for each order exceeding $2,500 issued under multiple delivery-order contracts or multiple task-order contracts
4.4.3.2.2 The Procurement Officer may exercise broad discretion in developing appropriate order placement procedures. The Procurement Officer should keep submission requirements to a minimum. The Procurement Officer may use streamlined procedures, including oral presentations. In addition, the Procurement Officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the Procurement Officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order. The competition requirements in Section 2 do not apply to the ordering process. However, the Procurement Officer must-

4.4.3.2.2.1 Develop placement procedures that will provide each awardee a fair opportunity to be considered for each order and that reflect the requirement and other aspects of the contracting environment;
4.4.3.2.2.2 Not use any method (such as allocation or designation of any preferred awardee) that would not result in fair consideration being given to all awardees prior to placing each order;
4.4.3.2.2.3 Tailor the procedures to each acquisition;
4.4.3.2.2.4 Include the procedures in the solicitation and the contract; and
4.4.3.2.2.5 Consider price or cost under each order as one of the factors in the selection decision.

4.4.3.2.3 The Procurement Officer should consider the following when developing the procedures:

4.4.3.2.3.1 Past performance on earlier orders under the contract, including quality, timeliness and cost control.
4.4.3.2.3.2 Potential impact on other orders placed with the contractor.
4.4.3.2.3.3 Minimum order requirements.
4.4.3.2.3.4 The amount of time contractors need to make informed business decisions on whether to respond to potential orders.
4.4.3.2.3.5 Whether contractors could be encouraged to respond to potential orders by outreach efforts to promote exchanges of information, such as-
4.4.3.2.3.6 Seeking comments from two or more contractors on draft statements of work;
4.4.3.2.3.7 Using a multi-phased approach when effort required to respond to a potential order may be resource intensive (e.g., requirements are complex or need continued development), where all contractors are initially considered on price considerations (e.g., rough estimates), and other considerations as appropriate (e.g., proposed conceptual approach, past performance). The contractors most likely to submit the highest value solutions are then selected for one-on-one sessions with the College to increase their understanding of the requirements, provide suggestions for refining requirements, and discuss risk reduction measures.

4.4.3.2.4 Formal evaluation plans or scoring of quotes or offers are not required.
4.4.3.2.5 Exceptions to the fair opportunity process. The Procurement Officer shall give every awardee a fair opportunity to be considered for a delivery-order or task-order exceeding $2,500 unless one of the following statutory exceptions applies:

4.4.3.2.5.1 The College need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.
4.4.3.2.5.2 Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.
4.4.3.2.5.3 The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.
4.4.3.2.5.4 It is necessary to place an order to satisfy a minimum guarantee.

4.4.3.3 Pricing orders. If the contract did not establish the price for the supply or service, the Procurement Officer must establish prices for each order using the policies and methods in Section 3 of these Procurement Policies and Procedures.
4.4.3.4 Decision documentation for orders. The Procurement Officer shall document in the contract file the rationale for placement and price of each order, including the basis for award and the rationale for any tradeoffs among cost or price and non-cost considerations in making the award decision. This documentation need not quantify the tradeoffs that led to the decision. The contract file shall also identify the basis for using an exception to the fair opportunity process. If the agency uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

4.5 Cost-Reimbursement Contracts

4.5.1 Description.
Cost-reimbursement types of contracts provide for payment of allowable incurred costs, to the extent prescribed in the contract. These contracts establish an estimate of total cost for the purpose of obligating funds and establishing a ceiling that the contractor may not exceed (except at its own risk) without the approval of the Procurement Officer. The Procurement Officer may use a cost-reimbursement contract in conjunction with performance or delivery incentives

4.5.2 Application.
Cost-reimbursement contracts are suitable for use only when uncertainties involved in contract performance do not permit costs to be estimated with sufficient accuracy to use any type of fixed-price contract.

4.5.3 Limitations.

4.5.3.1 A cost-reimbursement contract may be used only when-

4.5.3.1.1 The contractor's accounting system is adequate for determining costs applicable to the contract; and
4.5.3.1.2 Appropriate College surveillance during performance will provide reasonable assurance that efficient methods and effective cost controls are used.
4.5.3.1.3 The use of cost-reimbursement contracts is prohibited for the acquisition of commercial items.

4.6 Time-and-materials contracts

4.6.1 Description. A time-and-materials contract provides for acquiring supplies or services on the basis of-

4.6.1.1 Direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses, and profit; and
4.6.1.2 Materials at cost, including, if appropriate, material handling costs as part of material costs.

4.6.2 Application . A time-and-materials contract may be used only when it is not possible at the time of placing the contract to estimate accurately the extent or duration of the work or to anticipate costs with any reasonable degree of confidence.

4.6.3 College surveillance . A time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, appropriate College surveillance of contractor performance is required to give reasonable assurance that efficient methods and effective cost controls are being used.

4.6.4 Material handling costs . When included as part of material costs, material handling costs shall include only costs clearly excluded from the labor-hour rate. Material handling costs may include all appropriate indirect costs allocated to direct materials in accordance with the contractor's usual accounting procedures consistent with the laws of Maryland.

4.6.5 Optional method of pricing material . When the nature of the work to be performed requires the contractor to furnish material that it regularly sells to the general public in the normal course of its business, the contract may provide for charging material on a basis other than at cost if-

4.6.5.1 The total estimated contract price does not exceed $25,000 or the estimated price of material so charged does not exceed 20 percent of the estimated contract price;
4.6.5.2 The material to be so charged is identified in the contract;
4.6.5.3 No element of profit on material so charged is included as profit in the fixed hourly labor rates; and
4.6.5.4 The contract provides-

4.6.5.4.1 That the price to be paid for such material shall be based on an established catalog or list price in effect when material is furnished, less all applicable discounts to the College; and
4.6.5.4.2 That in no event shall the price exceed the contractor's sales price to its most-favored customer for the same item in like quantity, or the current market price, whichever is lower.

4.6.6 Limitations . A time-and-materials contract may be used (1) only after the Procurement Officer executes a determination and findings that no other contract type is suitable; and (2) only if the contract includes a ceiling price that the contractor exceeds at its own risk. The Procurement Officer shall document the contract file to justify the reasons for and amount of any subsequent change in the ceiling price.

4.7 Labor-hour contracts

4.7.1 Description . A labor-hour contract is a variation of the time-and-materials contract, differing only in that materials are not supplied by the contractor. See Section 4.6 for application and limitations, respectively.

4.8 Incentive Contracts

The use of incentives in contracts as described below is appropriate when the required supplies or services can be acquired at lower costs and, in certain instances, with improved delivery or technical performance, by relating the amount of profit or fee payable under the contract to the contractor's performance. The use of incentives in contracts is designed to obtain specific acquisition objectives by-

4.8.1 Establishing reasonable and attainable targets that are clearly communicated to the contractor; and

4.8.2 Including appropriate incentive arrangements designed to-

4.8.2.1 motivate contractor efforts that might not otherwise be emphasized; and
4.8.2.2 discourage contractor inefficiency and waste.

4.8.3 When predetermined, formula-type incentives on technical performance or delivery are included, increases in profit or fee are provided only for achievement that surpasses the targets, and decreases are provided for to the extent that such targets are not met. The incentive increases or decreases are applied to performance targets rather than minimum performance requirements.

4.8.4 The two basic categories of incentive contracts are fixed-price incentive contracts and cost-reimbursement incentive contracts. Since it is usually to the College's advantage for the contractor to assume substantial cost responsibility and an appropriate share of the cost risk, fixed-price incentive contracts are preferred when contract costs and performance requirements are reasonably certain.

SECTION 5 CONTRACT ADMINISTRATION

5.1 Purpose and Scope

Contract administration begins with the signing or execution of a contract or purchase order. Its purpose is to assure that the contractor's total performance is in accordance with the terms and conditions of the contractual agreement. The integrity of the College's purchasing system demands the goods or services are furnished as specified in the contract. Contract administration includes all actions taken by the College relative to a specific contract after the award is made. A contract administrator is typically identified in each contract.

The College shall comply with Section 11-203(e) of the State Finance and Procurement Article. This section includes provisions of Division II of the State Finance and Procurement Article that apply to the College. These include: Section 11-205 (Fraud in Procurement); Section 11-205.1 (Falsification of Material Facts); Section 13-219 (Required Clauses-Nondiscrimination Clause); Section 13-225 (Retainage); Title 14, Subtitles 1 (Preferences to Benefit Disadvantaged Individuals) to the maximum extent possible and 3 (Minority Business Participation); Title 15, Subtitle 1 (Procurement Contract Administration); Section 15-226 (Prompt Payment of Subcontractors); and Title 16 (Debarment of Contractors).

5.2 Authority and Responsibility

5.2.1 The Procurement Officer is responsible for the technical and administrative sufficiency of the College's contracts and shall seek legal, technical and other advice within the College, including its assistant attorney general, in fulfilling these responsibilities.

5.2.2 Contract administration is the process of enforcing the terms of a contract through such actions as evaluating performance and progress, monitoring contract deliveries, inspections, approval of payments and closeout.

5.2.3 Contract administration is the responsibility of the Procurement Officer, who may delegate it to another College official, with the approval of the Vice President for Business and Finance.

5.2.4 The Procurement Officer is typically an individual in the College's Purchasing Department. In instances where the Procurement Officer is an individual outside of the Purchasing Department, then the Purchasing Department will provide support required for the solicitation and administration of the contract.

5.3 Contract Execution

5.3.1 All procurement contracts over $10,000 in value (including the value of all options or renewals) shall require two signatures by authorized College personnel. Only those College employees or officers designated by the Vice President for Business and Finance shall have authority to sign procurement contracts.
5.3.2 Generally, authorized College representatives should execute contract documents after the contract documents have been executed by the contractor and approved for form and legal sufficiency.

5.3.3 The contract shall be signed by the appropriate representative(s) of the contractor with the authority to bind the firm to the terms of the contract.

5.3.4 A contract with a joint venture may involve any combination of individuals, partnerships or corporations. The contract shall be signed by each participant in the joint venture in the manner set forth in this section.

5.3.5 Review of Contracts for Legal Form and Sufficiency: Before a procurement contract may be approved and executed, it shall be reviewed for legal form and sufficiency by an assistant attorney general (or other approved legal counsel) as provided below.

5.3.5.1 Contracts documented on a purchase order form, which includes the standard terms and conditions of these Procurement Policies and Procedures, and which do not include any terms and conditions which conflict with the standard purchase order terms, do not require further review for legal form and sufficiency.
5.3.5.2 Contracts documented on a standard procurement contract form, which includes the standard terms and conditions stipulated, as appropriate (depending on the dollar value of the contract and the nature of the contract, e.g., construction,) in the Appendices of these Procurement Policies and Procedures, and which do not include any terms which conflict with the standard procurement contract form's terms and conditions, do not require further review for form and legal sufficiency.
5.3.5.3 Other contract documents (e.g., as payment, performance, and bid bond documents, solicitation documents) shall substantially comply with the terms and conditions identified in Appendix A.
5.3.5.4 Documents submitted by a contracting party other than the College, which that party seeks to have included as part of the contract between the parties, must be reviewed for content and legal form and sufficiency. Review of contract documents should ensure that the content is consistent with the scope of the contract, and does not modify the terms of the agreement. Any change to the contract shall be made only by a formal contract modification referencing the applicable terms of the contract. Modification of documents submitted by a party other than the College may be made by the Procurement Officer and, as appropriate, by legal counsel.

5.4 Contract Modifications

All contract modifications shall be in writing and signed by the contractor and those College employees or officers authorized to sign on behalf of the College. If possible, contract modifications shall be signed by the same College employee(s) or official(s) that signed the initial contract. In the event that the College employee(s) or official(s) who signed the initial contract are not available, then, the Vice President of Business and Finance, or his designee, shall sign the contract modification. Contract modifications are effective on the date of the last required signature, unless otherwise specified in the modification.

Before a contract, which required approval by the Board of Public Works, is modified, the proposed modification must comply with applicable Board of Public Works requirements for approval.

5.5 Delivery and Performance

The time of delivery or performance is an essential contract element and shall be clearly stated in each contract. Delivery or performance must be met by the date or period specified or the contractor may be considered to be in default.

5.6 Payment

The contract documents are to include the process by which payments are to be made.

5.7 Closeout of Contracts

The Procurement Officer shall adopt internal policies and procedures to ensure that contract closeout is conducted properly.

5.8 Termination of the Contract

Generally, a contract is for a specified term, as defined in the contract documents. A contract may be terminated, upon approval of the Vice President for Business and Finance, earlier than the specified term under the following circumstances:

5.8.1 as provided by the terms and conditions of the contract,
5.8.2 upon the mutual written agreement of the parties,
5.8.3 by the College, for lack of appropriations or other funds in accordance with Appendix B,
5.8.4 by the College, for default in accordance with Appendix B, and
5.8.5 by the College, for convenience in accordance with Appendix B, if termination for convenience is in the best interests of the College or the State of Maryland.

SECTION 6 - VENDORS

6.1 Debarment/Suspension

6.1.1 The College shall abide by the Code of Maryland Regulations (COMAR) Title 21, Subtitle 08 with regard to all debarments/suspensions.

6.1.2 In determining the status of a business or person with regard to debarment/suspension in the State of Maryland, the College shall refer to the Maryland Board of Public Works published list of Businesses & Persons Suspended or Debarred.

6.2 Vendor Pre-qualifications

The Procurement Officer may limit bids to those vendors pre-qualified in accordance with the procedures established in Section 3.3.

6.3 Vendor Responsibility

6.3.1 The Procurement Officer shall make purchases from and award contracts only to responsible contractors.

6.3.2 In the absence of information clearly indicating that the prospective contractor is responsible, the Procurement Officer shall make a determination of non-responsibility.

6.3.3 Factors to be used in determining whether a vendor is responsible may include, but are not limited to:

6.3.3.1 Financial resources adequate to perform the contract, or the ability to obtain them;
6.3.3.2 Ability to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;
6.3.3.3 A satisfactory performance record;
6.3.3.4 A satisfactory record of integrity and business ethics;
6.3.3.5 The necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;
6.3.3.6 Compliance with applicable licensing and tax laws and regulation;
6.3.3.7 The necessary production, construction, and technical equipment and facilities, or the ability to obtain them;
6.3.3.8 Other qualifications and eligibility criteria necessary to receive and award under applicable laws and regulations.

6.3.4 If the Procurement Officer determines that the price bid or offered by a prospective contractor is so low as to appear unreasonable or unrealistic, the Procurement Officer may determine the prospective contractor to be non-responsible.

6.3.5 The prospective contractor shall promptly supply information requested by the Procurement Officer regarding the responsibility of the prospective contractor.

6.3.6 If the prospective contractors fails to supply the information as requested, the Procurement Officer shall make the determination of responsibility or non-responsibility based upon available information.

6.3.7 The Procurement Officer may use the following sources of information, as appropriate, to support determinations of responsibility or non-responsibility:

6.3.7.1 The Maryland State Board of Public Works list of Businesses and Persons Suspended or Debarred:
6.3.7.2 Records, past performance, and experience data, including verifiable knowledge of SMCM and State of Maryland personnel;
6.3.7.3 Being in good standing with the State, including information supplied by the prospective contractor, including bid or proposal information, questionnaire replies, financial data, information on production equipment, and personnel information.
6.3.7.4 Federal disqualification listing of ineligible and debarred contractors.

6.3.8 When an offer on which an award would otherwise be made is rejected because the prospective contractor is found to be non-responsible, the Procurement Officer shall make, sign, and place in the contract file a determination of Non-responsibility, which shall state the basis for the determination and so notify the prospective contractor.

SECTION 7 - SOCIO-ECONOMIC POLICIES

Pursuant to Chapter 255 of the Laws of Maryland 2006, St. Mary's College of Maryland shall comply with the provisions of Title 14, subtitle 1 (Preferences to Benefit Disadvantaged Individuals), to the maximum extent practicable, and with the provisions of Title 14, subtitle 3 (Minority Business Participation) of the State Finance and Procurement Article of the Annotated Code of Maryland and applicable Maryland regulations.

In addition, the College shall recognize reciprocal certification with other governmental agencies, but shall not include these procurements in reporting governed under current State law.

SECTION 8 - PROTESTS AND CLAIMS

8.1 General

8.1.1 An aggrieved party shall exhaust all administrative remedies provided in this section before seeking judicial review.

8.1.2 Under this section, if the last day for taking an action falls on a day when the filing office is closed; the file date will be the next day the filing office is open.

8.1.3 "Appeal" shall mean an appeal of a decision of the Procurement Officer in connection with a protest or a contract claim. All appeals shall be in writing and made within the time permitted by these Procurement Policies and Procedures. All appeals shall be to the Maryland State Board of Contract Appeals.

8.1.4 "Hearing Board" shall mean the Maryland State Board of Contract Appeals.

8.1.5 Delegation of Authority: Upon the approval of these Policies and Procedures, the Maryland State Board of Contract Appeals shall be delegated the authority, subject to and in accordance with these Procurement Policies and Procedures, to conduct hearings in connection with Appeals, to make findings of fact and conclusions of law, as appropriate, and to make and issue the final administrative agency decision and order. The Hearing Board shall have authority over all appeals arising on or after the effective date of these Policies and Procedures.

8.1.6 A final administrative agency decision, issued by the Hearing Board, is subject to judicial review in accordance with the provisions of the Administrative Procedure Act governing contested cases, State Government Article, Md. Annotated Code, Section 10-222. The College is entitled to seek judicial review of a final administrative agency decision.

8.1.7 To the extent reasonably possible, all procurement contracts shall identify the Hearing Board and provide contact information for the Hearing Board.

8.1.8 All references in this Section 8 to Maryland statutes and regulations shall mean the statute and/or regulation, as amended from time to time.

8.1.9 "Reviewing Authority" as referenced in COMAR Title 21, Subtitle 10, shall mean the College Vice President of Business and Finance, or his designee, unless otherwise specified in these Procurement Policies and Procedures.

8.1.10 In the filing of a protest or claim, the contractor shall have the burden of proof and the burden of going forward with the evidence of all issues, including the propriety of a determination for default.

8.2 Protests

8.2.1 Definitions: The following words have the meanings indicated:

8.2.1.1 Filed: received by the Procurement Officer, or the Hearing Board depending on the context.
8.2.1.2 Interested party: an actual or prospective bidder, proposer, or contractor that may be aggrieved by the solicitation or award of a contract, or by a protest.
8.2.1.3 Protest: a complaint relating to the solicitation or award of a procurement contract.
8.2.1.4 Protestor: means any actual or prospective bidder, proposer or contractor who is aggrieved in connection with the solicitation or the award of a contract and who files the protest.

8.2.2 Filing a Protest

8.2.2.1 An interested party may file a protest with the Procurement Officer.
8.2.2.2 The protest shall be in writing and addressed to the Procurement Officer.

8.2.3 Timing for Filing

8.2.3.1 A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the closing date for receipt of initial proposals shall be filed before bid opening or the closing date and time of receipt of initial proposals.
8.2.3.2 A protest based upon alleged improprieties in a solicitation that did not exist in the original solicitation but which are subsequently incorporated in an amendment to the solicitation shall be filed not later than the solicitation closing date and time for receipt of bids or proposals identified in the amendment (or in the original solicitation, if the opening date an

Procurement Policy

Objective: To establish procurement standards which fulfill the interests of St. Mary's College of Maryland, in accordance with §14-205 of the education article of the annotated code of the public general laws of Maryland.

Approved by BOT: June 6, 1992 to be effective July 1, 1992
Revised: June 4, 1993
Revised: June 4, 1994
Revised: June 21, 1996 to be effective July 1, 1996
Revised: June 6, 1998 to be effective July 1, 1998
Revised: May 12, 2000 to be effective July 1, 2000
Revised: March 1, 2002 to be effective July 1, 2002
Revised: October 7, 2006 to be effective January 24, 2007

SECTION 1. GENERAL INFORMATION

1.1 Authority and Delegation

1.1.1 The Board of Trustees of St. Mary's College of Maryland approved on October 7, 2006, these procurement policies and procedures for the governance of procurements by St. Mary's College of Maryland consistent with the mandate of Chapter 255 of the Laws of Maryland 2006 (Senate Bill 444). Furthermore, the Board of Trustees has delegated to the President of the College the authority to implement and to delegate, as appropriate, to the Vice President for Business and Finance of the College the authority to implement these policies and procedures.

1.1.2 The Vice President of Business and Finance shall establish specific internal procurement requirements and practices, in compliance with these policies and procedures, to ensure efficient and appropriate implementation of procurement actions. In addition, the Vice President of Business and Finance shall identify the Procurement Officer for various types of procurements by the College.

1.1.3 Pursuant to Chapter 255 of the Laws of Maryland 2006, Higher Education- Morgan State University and St. Mary's College of Maryland - Authority and effective July 1, 2006, "except as otherwise provided in this subsection [11-203(e) (2) of the State Finance and Procurement Article] this Division II [of the State Finance and Procurement Article] does not apply to St. Mary's College of Maryland."

1.1.4 Approval of Award Actions
In addition to the authority and delegations provided for herein, the following notifications and approvals apply:

1.1.4.1 Prior to issuing a solicitation, notification must be given in writing to the Vice President for Business and Finance for any procurement exceeding $1 million.
1.1.4.2 Prior notification must be given in writing to the Vice President for Business and Finance for any sole source procurement exceeding $100,000.
1.1.4.3 Any sole source procurement exceeding $500,000 must receive prior approval by the Vice President for Business and Finance.
1.1.4.4 Prior notification must be given to the Vice President for Business and Finance for sole source personal service contracts in excess of $25,000.

1.1.5 Board of Public Works

1.1.5.1 Any contract for capital improvements or services with a value that exceeds $500,000 and any modifications to contracts for capital improvements or services where the value of the modification is in excess of $500,000 shall be submitted to the Board of Public Works for review and approval.
1.1.5.2 Any procurement, regardless of dollar amount, that uses State general obligation bond proceeds authorized by the General Assembly, must be submitted to the Board of Public Works for approval prior to execution of the contract. See Md. State Finance & Proc. Code Ann., ¤ 8-301.
1.1.5.3 Contracts, including modifications, which are subject to approval by the Board of Public Works, are subject to applicable Board of Public works rules and advisories.

1.2 Purpose

These Procurement Policies and Procedures are designed to support and facilitate the educational, research, and public service missions of St. Mary's College of Maryland through the acquisition of goods and services by applying best methods and business practices that provide for public confidence in the College.

This document employs policies that are relevant to the College environment while providing for a procurement process of quality and integrity, broad based competition, fair and equal treatment of the business community, increased economy in the procurement process, and uniform procurement procedures. These values promote the purposes of State procurement law and strike a balance between needed self-management and the Board of Trustees' responsibility to govern the College.

1.3 Applicability

1.3.1 General Applicability

1.3.1.1 These Procurement Policies and Procedures apply to contracts by St. Mary's College of Maryland for the acquisition, rental, purchase or lease of supplies, Services, Maintenance, Capital Improvements, Information Technology services, and Architectural and Engineering services.
1.3.1.2 A procurement contract executed before the effective date of these Policies or Procedures shall be governed by those laws, policies, and procedures in effect at the time of the contract execution unless the procurement contract expressly acknowledged by its terms that is would be subject to these Procurement Policies and Procedures, upon their approval and adoption.
1.3.1.3 Subcontracts and sub-recipients contracts and other agreements entered into by the College in fulfilling its obligations under federal, state, local and private grants and contracts are not procurement actions and are therefore not subject to these Policies and Procedures.
1.3.1.4 The Board of Trustees may, from time to time, amend these policies and procedures in order that they remain consistent with the law and current best methods and business practices. Material changes shall be submitted to the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the Maryland General Assembly for approval.

1.3.2 Exclusions
These policies and procedures do not apply to the following procurements. The Vice President of Business and Finance will have sole discretion in interpreting the applicability of any procurement relative to these exclusions.

1.3.2.1 The lease, sale, purchase, transfer, disposal or any other action involving an interest in Real Property.
1.3.2.2 The sale, transfer and disposal of surplus personal property.
1.3.2.3 Collaborative undertakings that support the mission of the College.
1.3.2.4 Reimbursement contracts for which user eligibility and cost is set by law or by rules and regulations (e.g. Medicaid).
1.3.2.5 Intergovernmental contracts or like-business agreements.
1.3.2.6 Purchases for the purposes of resale or remanufacture and subsequent resale.
1.3.2.7 Agreements creating contractual employee relationships.
1.3.2.8 Cultural, entertainment, and exhibitions or displays on college property and intercollegiate athletic procurement contracts.
1.3.2.9 Surveying and evaluating architecturally, archaeologically, historically or culturally significant properties, and other than as to architectural services, preparing historic preservation planning documents and educational material.
1.3.2.10 Protection and administration of intellectual property rights,
1.3.2.11 Housing, food and related supply or service contracts for conference facilities and/or activities.
1.3.2.12 Contracts of the College for programs and operations located or implemented out of the United States.
1.3.2.13 Any procurement or contract to the extent of any conflict with a governing federal law, regulation, assistance instrument, or other requirement; or the terms of any gift.
1.3.2.14 Contracts for the purchase, use, or development of curricular materials.

SECTION 2. ADVERTISING AND COMPETITION REQUIREMENTS

2.1 Advertising Requirements

2.1.1 Advertising Thresholds:

2.1.1.1 The following advertising requirements apply to all procurements.
2.1.1.1.1 Less than $25,000 - no formal advertising required.
2.1.1.1.2 $25,000 and above - advertised at least 20 days.

2.1.1.2 In addition to the above, the Procurement Officer is responsible to ensure that a solicitation provides reasonable time for prospective offerors to prepare and respond to the solicitation.

2.1.2 Advertising Methods:
To the extent practicable, solicitations shall be published in a manner that best meets the needs of the solicitation. Examples of resources available to the Procurement Officer for publishing a solicitation include but are not limited to:

2.1.2.1 E Maryland Market Place (required)
2.1.2.2 College Bid Board
2.1.2.3 Trade Journals
2.1.2.4 Business Journals
2.1.2.5 World Wide Web
2.1.2.6 Other publications as determined by the Procurement Officer

2.1.3 Solicitation Pre-advertising:
Contracts with an estimated value greater than $1,000,000 may be pre-advertised at least 20 days in advance of the solicitation for bids or proposals. The pre-advertisement will give a brief description of the project, the estimated price range, a description of the procurement method, and an estimated date that the actual solicitation for bids or proposals is planned to be issued.

2.2 Full and Open Competition

2.2.1 The Procurement Officer shall ensure full and open competition for all contract actions with a total value, including options, exceeding $25,000 through the use of competitive procedures described elsewhere in these Policies and Procedures. Delivery orders being issued under indefinite delivery contracts awarded by the College are exempt from this requirement. The competitive procedures available to ensure full and open competition are defined in Section 3 below.

2.2.2 Solicitations shall be provided to a reasonable number of potential proposers known to the College and those requesting a copy of the solicitation in order to assure adequate competition.

2.3 Other than Full and Open Competition:
The Procurement Officer shall take reasonable steps to avoid entering into contracts without full and open competition, except in circumstances where it is both necessary and in the best interests of the College. Further, the Procurement Officer shall take reasonable action to avoid the need to continue to procure the same construction, commodities, supplies and/or services without full and open competition. The Procurement Officer shall ensure that each contract that is entered into without full and open competition contains all of the required clauses, representations, terms, conditions, and certifications, as required by these Procurement Policies and Procedures. The Procurement Officer shall negotiate the most favorable price and conditions notwithstanding the nature of the procurement.

The following circumstances may permit the use of other than full and open competition:

2.3.1 Contracts whose total value, including options, is less than $25,000:

2.3.1.1 For procurements less than $5,000 competition is preferred but not required.
2.3.1.2 Procurements between $5,000 and $10,000 shall have at least two written bids/proposals.
2.3.1.3 Procurements between $10,000 and $25,000 shall have at least three written bids/proposals.

2.3.2 When the Procurement Officer determines that there is only one available source that will satisfy the College's requirements and/or circumstances present (i.e., sole source). In the event that a sole source product or material may be required in multiple procurements, then the sole source justification may be approved on a class action basis. Class action approvals will be for a time period of no longer than 3 years).

2.3.3 With the prior approval of the Attorney General, the College may enter into agreements for services in connection with threatened or pending litigation, appraisals of real property for acquisition by the College, or collective bargaining as permitted by State Finance and Procurement Article ¤ 13-107(b). These contracts do not require full and open competition and may be entered as sole source contracts.

2.3.4 Conditions Involving Unusual and Compelling Urgency or Emergency

When the College's need for the supplies or services is of such an unusual and compelling urgency, as provided herein, the Procurement Officer is permitted to limit the number of sources from which he/she solicits bids or proposals and negotiate on a sole source or limited competition basis. Full and open competition need not be provided.

This authority applies in those situations where-

2.3.4.1 An emergency condition exists that prevents the use of formal competitive procurement methods in awarding or modifying a contract that is essential to the College; and
2.3.4.2 The emergency condition threatens (1) serious injury to health or safety of person(s) or animal(s), (2) serious harm to the preservation or protection of property; or (3) serious harm to the continuance of necessary College functions.
2.3.4.3 Contracts awarded using this authority shall be supported by the written justifications and approvals described in Section 2.4 below. These justifications may be made after contract award when preparation and approval prior to award would unreasonably delay the procurement.
2.3.4.4 The Procurement Officer is not required to publicize the solicitation of a procurement made on an emergency basis. This authority requires that the Procurement Officer shall request offers or proposals from as many potential sources as is practicable under the circumstances.
2.3.4.5 The emergency procurement shall be limited to the procurement of only the types of items and quantities or time period sufficient to meet the immediate threat and shall not be used to meet long-term requirements.

2.3.5 Authorized or required by federal or State of Maryland law.
When a particular procurement is subject to a federal or State of Maryland law and that law requires or prohibits the use of a specific source, other than full and open competition is permitted. The Procurement Officer shall document in the contract award documents the specific law being applied that limits the competition.

2.4 Justifications and Approvals for Other than Full and Open Competition

2.4.1 For procurements under $25,000 the approval of the contract itself constitutes approval to utilize Other than Full and Open Competition methods. Justification and approval requirements stipulated below do not apply.
2.4.2 The Procurement Officer shall not commence negotiations for a sole source contract, commence negotiations for a contract resulting from an unsolicited proposal, or award any other contract without providing for full and open competition unless the Procurement Officer:

2.4.2.1 Justifies the use of such actions in writing;
2.4.2.2 Certifies the accuracy and completeness of the justification; and
2.4.2.3 Obtains the approval required by Section 2.4.7 below.

2.4.3 Faculty and staff employees, who generate the requirements for the goods and services being procured, are required to provide and certify as accurate and complete necessary data to support their recommendation for other than full and open competition. Faculty and staff shall forward such written justifications to the Procurement Officer.

2.4.4 Justifications may be made on an individual or class basis. Whenever a justification is made and approved on a class basis, the Procurement Officer must ensure that each contract action taken pursuant to the authority of the class justification and approval is within the scope of the class justification and approval and shall document the contract file for each contract action accordingly.

2.4.5 The justifications for a contract awarded under the authority of Unusual and Compelling Urgency or Emergency may be prepared and approved within a reasonable time after contract award when preparation and approval prior to award would unreasonably delay the procurement.

2.4.6 Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited, including the following information, as appropriate under the circumstances:

2.4.6.1 Nature and/or description of the action being approved (i.e., sole source, emergency procurement, etc.)
2.4.6.2 A description of the commodities, construction, supplies or services required to meet the College's needs (including the estimated value).
2.4.6.3 A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable under the circumstances, including whether a notice was or will be publicized as required by Section 2.1 above, and, if not, why.
2.4.6.4 Any other material facts supporting the use of other than full and open competition,
2.4.6.5 When Unusual and Compelling Urgency or Emergency is cited as justification, the justification shall include the date the emergency first became known, data, estimated cost, or other rationale as to the extent and nature of the harm to the College.
2.4.6.6 A listing of the potential vendors or contractors, if any, that expressed, in writing, an interest in the procurement.
2.4.6.7 A certification that the justification is accurate and complete to the best of the Procurement Officer's knowledge and belief.

2.4.7 Contracts involving other than full and open competition shall be approved in writing:

2.4.7.1 For a proposed contract over $25,000 the Vice President for Business and Finance shall approve the contract.
2.4.7.2 The approval level for a class justification for other than full and open competition shall be determined by the estimated total value of the class.
2.4.7.3 The estimated dollar value of all options shall be included in determining the value of the proposed contract.

SECTION 3 PROCUREMENT METHODS

Set forth below are the generally accepted methods of procurement, which may be adjusted from time to time in the best interest of St. Mary's College of Maryland to reflect current business practices.

3.1 Simplified Procurement Procedures

3.1.1 Simplified Procurement Limit
The Simplified Procurement limit is $100,000. Procurement requirements shall not be artificially divided so as to constitute simplified procurements.

3.1.2 Procurements Using a Purchasing Card
For purchases not to exceed $5,000 per transaction, the preferred method of purchase is using the purchasing card, where accepted by the vendor, and in accordance with the policies and procedures set forth by the College.

3.1.3 Non-competitive Small Procurement Orders
Where the simplified procurement order does not exceed $5,000, competition is preferred, but is not required.

3.1.4 Competitive Simplified Procurements

3.1.4.1 Advertisement and competition requirements provided in Section 2 shall apply to simplified procurements over $5,000.
3.1.4.2 Simplified procurements can be accomplished using any approved procurement type as described within this Section 3.
3.1.4.3 Solicitations for simplified procurements shall include mandatory requirements as provided in Appendix A of these Procurement Policies and Procedures.

3.1.5 Records
Adequate records shall be kept for simplified procurements and may include the following:

3.1.5.1 Name of authorized purchaser
3.1.5.2 Date of purchase
3.1.5.3 Name of vendor and vendor's social security number or federal employer identification number (FEIN)
3.1.5.4 If applicable, charge slip or telephone purchasing card log
3.1.5.5 Itemized receipt, packing slip, or itemized repair order, if applicable
3.1.5.6 Copy of written or published solicitation, if used
3.1.5.7 Solicitation documentation including names of vendors, copies of any written responses received, bid or offer amounts, basis for the award, identification of MBE/SBE vendors, or copy of sole source justification or explanation for single bid response
3.1.5.8 Approved by Director of Budget for fund availability to satisfy the contractual requirement.
3.1.5.9 Copy of purchase order or contract.

3.1.6 Modifications
Modifications to a simplified procurement shall be approved by the Procurement Officer.

3.1.7 Required Solicitation and Contract Clauses
In addition to those terms, conditions and specifications necessary to the particular procurement, simplified acquisitions shall include terms and conditions in accordance with Appendix A of these Procurement Policies and Procedures.

3.2 Competitive Sealed Bidding

3.2.1 Use of Competitive Sealed Bids
Competitive Sealed bidding, also called "Invitation for Bid", is a method of procurement which results in a contract awarded to the lowest evaluated responsive bid from a responsible bidder based on the specifications set forth in the solicitation. Typical reasons why Competitive Sealed Bids may be used include:

3.2.1.1 The award will be made on the basis of price and other price related factors.
3.2.1.2 It is not necessary to conduct negotiations with the responding sources about contract specifications or their bids.
3.2.1.3 Time permits the solicitation, submission and evaluation of sealed bids.
3.2.1.4 There is a reasonable expectation of receiving more than one sealed bid.

3.2.2 Required Solicitation and Contract Clauses

3.2.2.1 In addition to those terms, conditions and specifications necessary to a particular procurement, written solicitations, purchase orders, and written contracts resulting from competitive sealed bidding must include terms and conditions in accordance with Appendix A of these Procurement Policies and Procedures.
3.2.2.2 The solicitation shall state the date, time, and method for submission of bids. The Procurement Officer will establish a reasonable time, but no less than the minimum time period provided in Section 2 of these Procurement Policies and Procedures, for prospective bidders to prepare and submit their bids.

3.2.3 Pre-Bid Conference
Unless otherwise stated in the solicitation document, attendance of prospective bidders at pre-bid conferences is not mandatory.

3.2.4 Amendments or Addenda
If any amendments or addenda are required, the Procurement Officer shall send a copy of the amendments to all potential bidders that are known to have received a copy of the solicitation. All amendments shall include a statement to the effect that bidders are required to acknowledge receipt of any amendments to the request for bids. If appropriate, the due date shall be adjusted to insure that sufficient time is given to prospective bidders to consider the information contained in the amendment for preparation of their responses.

3.2.5 Bid Opening

3.2.5.1 Once received, all bids and modifications to bids shall be placed in a secure place until the date and time for the bid opening. After the receipt of bids and before the bid opening, the College shall not disclose the identity of any bidder.
3.2.5.2 Bids are to be opened publicly. The name, bid price and other relevant information shall be read aloud or otherwise made available to those in attendance at the bid opening.
3.2.5.3 All bids received must be recorded, tabulated or summarized.
3.2.5.4 At a reasonable time, after the bid opening, all bids are available for public inspection.

3.2.6 Late Bids, Late Withdrawals, and Late Modifications

3.2.6.1 Any bid, request for withdrawal, or modification of a bid that is not received at the designated location, time, and date set forth in the bid documents will be considered late and will not be considered. Delivery of the bid to the specified location at the prescribed time and date is the sole responsibility of the bidder.
3.2.6.2 At the sole discretion of the Procurement Officer, exceptions may be made only when the reason for the late bid, late request for withdrawal or late modification of a bid, is due to the action or inaction of the College's personnel directing the procurement activity or their employees.
3.2.6.3 A record of the late bid, request for withdrawal, or modification of a bid, shall be made in the appropriate procurement file.

3.2.7 Form of Bids
Bids must be submitted in writing by the specified due date and time. If bids are to be permitted by other than written and signed documents, requirements must be stated in the solicitation. Bids may be submitted via such other forms (i.e., fax, electronic, etc.) as the bid documents specifically allow.

3.2.8 Bid Requirements

3.2.8.1 Bids shall be based upon the specifications contained in the solicitation.
3.2.8.2 Unless provided for in the solicitation documents that electronic forms of bid transmission are acceptable, each bid shall be typewritten or written legibly in ink.
3.2.8.3 If in writing, all erasures or alterations shall be initialed in ink by the person who signs the bid.
3.2.8.4 Unless otherwise indicated in the bid documents, each bid shall be submitted in an envelope that clearly indicates that it contains a bid and identifies the bid by the bid number.

3.2.9 Mistakes, Errors, and Withdrawals of Bids

3.2.9.1 Technicalities or minor irregularities in bids may be waived if the Procurement Officer determines that it shall be in the College'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 if it is to the College's advantage to do so.
3.2.9.2 A bidder may correct mistakes discovered before the time and date set for bid opening by withdrawal or correcting the bid as provided in Section 3.2.6 above.
3.2.9.3 If the Procurement Officer knows or has reason to conclude that a mistake has been made, the bidder may be requested 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. If the bidder alleges mistake, the bid may be corrected or withdrawn upon the written approval of the Procurement Officer if any of the following conditions are met:

3.2.9.3.1 If the mistake and the intended correction 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.
3.2.9.3.2 A bidder may be permitted to withdraw a low bid if:
3.2.9.3.2.1 A mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or
3.2.9.3.2.2 The bidder submits proof of evidential value that clearly and convincingly demonstrates a mistake was made.

3.2.9.4 Mistakes may not be corrected after award of the contract except when the Procurement Officer 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 in writing by the Procurement Officer.
3.2.9.5 When a bid is corrected or withdrawn, or correction or withdrawal is denied, the Procurement Officer shall prepare a determination showing that the relief was granted or denied in accordance with these policies and procedures.

3.2.10 Bid Evaluation and Award

3.2.10.1 Unless otherwise specified in the solicitation documents, bids shall remain irrevocable for a period of 90 days after the bid opening. If the Procurement Officer determines that this is not sufficient time to make an award, the time may be extended upon written request to the bidders. The Procurement Officer shall request of each bidder, that his bid shall continue to be irrevocable for the specified period of time.
3.2.10.2 An award will be made to the bidder offering the most favorable price that has been determined to be both responsible and responsive in meeting the requirements set forth in the solicitation. The College may make multiple awards if it is deemed to be in the best interest of the College, and if provided for in the solicitation. Bids may not be evaluated on criteria other than those set forth in the solicitation documents.
3.2.10.3 The College reserves the right to make an award as a total, item by item or by groups of items as determined to be in the best interest of the College.
3.2.10.4 If a single bid is received in response to a solicitation and the Procurement Officer determines that the bid is responsive and from a responsible bidder and other bidders had a reasonable opportunity to respond, a negotiated award may be made if it is determined by the Procurement Officer to be in the best interest of the College.
3.2.10.5 Unless it is specifically stated in the solicitation that multiple or alternate bids will be accepted, they may not be accepted. If they are to be accepted, the solicitation should set forth how such bids are to be treated.
3.2.10.6 Bids conditioned upon the award of another contract are not acceptable.
3.2.10.7 Alternates: In the event that additive and/or deduct alternates are solicited in the solicitation, the College reserves the right to select alternates regardless of the order in which they are listed.

3.2.11 Tie bids

3.2.11.1 Tie bids are responsive bids from responsible bidders that are identical in price, terms, and conditions and which meet all the requirements and evaluation criteria set for in the invitation to bid.
3.2.11.2 The award shall be made to the in-state business if identical favorable bids are received from in-State and out-of-state bidders. However, in order for St. Mary's College of Maryland to achieve its overall minority participation goal, a contract may be awarded as follows:

3.2.11.2.1 If identical favorable bids are received from an in-state certified minority business enterprise and an in-state non-minority business enterprise, or an out-of-state non-minority business enterprise, the award may be made to the certified minority business enterprise.
3.2.11.2.2 If identical favorable bids are received from in state and out-of-state certified minority business enterprises, the award may be made to the certified minority business enterprise having the greatest amount of certified minority business enterprise participation in the particular contract.
3.2.11.2.3 If identical favorable bids are received from in-state and out-of-state non-minority business enterprises, the award may be made to the non-minority business enterprise having the greatest amount of minority participation in the contract, including staff or certified minority business enterprise subcontract participation in the contract.
3.2.11.2.4 If identical favorable bids are received from in-state bidders or from out-of-state bidders and no rules for implementing a procedure for solving a tie bid apply, a drawing shall be conducted. A witness shall be present to verify the drawing and shall certify the results on the bid tabulation sheet.

3.2.11.3 Records shall be made of all invitations for bids on which tie bids are received.

3.2.12 Cancellation of invitations after opening

3.2.12.1 Preservation of the integrity of the competitive bid system dictates that, after bids have been opened, award must be made to that responsible bidder who submitted the lowest responsive bid, unless there is a compelling reason to reject all bids and cancel the invitation.
3.2.12.2 Every effort shall be made to anticipate changes in a requirement before the date of opening and to notify all prospective bidders of any resulting modification or cancellation. This will permit bidders to change their bids and prevent unnecessary exposure of bid prices.
3.2.12.3 As a general rule, after the opening of bids, an invitation should not be cancelled and re-solicited due solely to increased requirements for the items being acquired. Award should be made on the initial invitation for bids and the additional quantity should be treated as a new acquisition.
3.2.12.4 The Procurement Officer may reject all bids and cancel the invitation before award but after bid opening, and proceed with a new solicitation, when the Procurement Officer determines, in writing, that:

3.2.12.4.1 Inadequate or ambiguous specifications were cited in the invitation;
3.2.12.4.2 Specifications have been revised;
3.2.12.4.3 The supplies or services being procured are no longer required;
3.2.12.4.4 The invitation did not provide for consideration of all factors of cost to the College;
3.2.12.4.5 Bids received indicate that the needs of the College can be satisfied by a less expensive article differing from that for which the bids were invited; or
3.2.12.4.6 For other reasons when cancellation is clearly in the best interest of the State of Maryland or the College.

3.2.12.5 The Procurement Officer, with approval of the Vice President of Business and Finance, may reject all bids and, without issuing a new solicitation, convert the solicitation to a Negotiated Competitive Sealed Bid as provided in Section 3.2.15 of these Procurement Policies and Procedures, when:

3.2.12.5.1 All otherwise acceptable bids received are at unreasonable prices, or only one bid is received and the Procurement Officer cannot determine the reasonableness of the bid price;
3.2.12.5.2 The bids were not independently arrived at in open competition, were collusive, or were submitted in bad faith; or
3.2.12.5.3 No responsive bid has been received from a responsible bidder.

3.2.12.6 Should administrative difficulties be encountered after bid opening that may delay award beyond the time period established in the solicitation for which bids are irrevocable, bidders whose bids have not expired (irrespective of the acceptance period specified in the bid) may be requested, before expiration of their bids, to extend in writing the bid acceptance period (with consent of sureties, if any) in order to avoid the need to re-solicit the procurement.

3.2.13 Records
When bids have been rejected or canceled before the due date, bids shall be returned to the bidders unopened. When an award has been made copies of the opened bids and any supporting documentation shall be retained in the procurement file.

3.2.14 Multi-Step Sealed Bidding
A "multi-step sealed bid" is a multiple-phase process in which bidders first submit un-priced technical offers or samples, or both, to be evaluated by the College and then, those bidders whose technical offers or samples, or both, have been found to be acceptable submit price bids which are then considered. Bidders whose technical offers or samples are found to be unacceptable will be so notified prior to the College requesting pricing from acceptable bidders. The procedures set forth in Section 3.3.13 are to be followed when debriefing unsuccessful bidders.

3.2.15 Conversion from Competitive Sealed Bid to Negotiated Competitive Sealed Bid
In the event that a solicitation is converted from competitive sealed bids to a Negotiated Competitive Sealed Bid in accordance with Section 3.2.12.5 above:

3.2.15.1 Each responsible bidder in the sealed bid acquisition shall be given an opportunity to participate in negotiations and provide a revised bid;
3.2.15.2 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.
3.2.15.3 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.
3.2.15.4 The award shall be made to the responsible bidder offering the lowest negotiated price.

3.3 Competitive Sealed Proposals

3.3.1 Request For Proposals (RFP)
This procurement method employs an RFP for the solicitation of Competitive Sealed Proposals which are evaluated on the basis of factors that include but are not limited to price. Evaluation shall be based on the factors set forth in the request for proposals in order to determine which proposal best meets the needs of the College.

3.3.2 Issuance and Content of Proposals

3.3.2.1 The Procurement Officer shall issue a written solicitation containing all information necessary for prospective proposers to prepare a proposal. Identical information shall be furnished to all potential proposers. If indicated in the solicitation, facsimile or electronic proposals may be authorized.
3.3.2.2 The solicitation may be divided into multiple steps for receipt of technical and price proposals.
3.3.2.3 The Procurement Officer shall insure that sufficient time, but no less than that established in Section 2.1 above, is given to potential proposers to prepare responses.
3.3.2.4 An RFP shall include:

3.3.2.4.1 date, time and place for receipt of proposals.
3.3.2.4.2 the evaluation factors and an indication of the relative importance and/or order of importance of each evaluation factor (including price). Numerical rating systems may be used, but are not required. If used, numerical factors need not be disclosed in the solicitation.
3.3.2.4.3 a statement of the services, items, or equipment required.
3.3.2.4.4 a statement as to how and when price proposals will be submitted (if not received at the same date and time as technical proposals).
3.3.2.4.5 all mandatory solicitation requirements in accordance with Appendix A.
3.3.2.4.6 all required contract terms and conditions, certifications, and securities in accordance with Appendix A.
3.3.2.4.7 If any amendments or addenda are required, the Procurement Officer shall send a copy of the amendments to all potential proposers that are known to have received a copy of the solicitation. All amendments shall include a statement to the effect that proposers are required to acknowledge receipt of any amendments to the request for proposals. If appropriate, the due date shall be adjusted to insure that sufficient time is given to prospective proposers to consider the information contained in the amendment for preparation of their responses.

3.3.3 Pre-Proposal Conference
Unless otherwise stated in the solicitation document, attendance of prospective bidders at pre-proposal conferences is not mandatory.

3.3.4 Receipt of Proposals

3.3.4.1 All proposals shall be placed in a secure place until the due date and time. Proposals may not be opened publicly. The Procurement Officer shall ensure that appropriate procedures are in place for the opening of proposals.
3.3.4.2 A register of proposals shall be prepared identifying each proposer submitting a proposal. In no event shall the register be disclosed subsequent to the due date of the Financial offers and prior to the award.
3.3.4.3 After contract award, proposals shall be open to the public subject to the provisions of the Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

3.3.5 Mistakes, Errors, and Withdrawal of Proposals
Mistakes, errors and withdrawals of proposal shall be treated in the same manner as provided for in competitive sealed bids in Section 3.2.9 above.

3.3.6 Late Proposals, Late Modifications, and Late Withdrawals
Late proposals, late modifications and late withdrawals shall be handled in accordance with Section 3.2.6 above.

3.3.7 Classification of Proposals

3.3.7.1 The Procurement Officer may classify proposals as:

3.3.7.1.1 Reasonably susceptible of being selected for award; or
3.3.7.1.2 Not reasonably susceptible of being selected for award.

3.3.7.2 Proposers judged by the Procurement Officer as not responsible or proposals not reasonably susceptible of being selected for award, shall be so classified and the proposer(s) so notified.

3.3.8 Evaluation of Proposals

3.3.8.1 Prior to the technical evaluation, the Procurement Officer shall establish the basis for the evaluation.
3.3.8.2 During the evaluation of the proposals, information contained in proposals shall not be disclosed to

3.3.8.2.1 a prospective proposer or
3.3.8.2.2 anyone outside of the evaluation committee except to those deemed necessary to assist the committee in evaluating the proposals. Any outside evaluator or person providing assistance to the committee shall be advised that the information discussed will be used only for evaluation purposes and shall not be further disclosed.

3.3.8.3 Proposals determined to be reasonably susceptible of being selected for award shall be evaluated as set forth in the solicitation.
3.3.8.4 Technical and price proposals shall be evaluated independently of each other. Price evaluations may be done at the completion of the technical evaluation or at the same time as the technical evaluation so long as it is done independently and the results not revealed until such time as the technical evaluation is completed.
3.3.8.5 Performance (past and present) may be used as an evaluation factor in determining the proposer's ability to perform under the contract. If performance is to be considered, that must be stated in the solicitation. Proposers shall be asked to provide references. In addition, the College may use itself as a reference as well as other references that may be known to the College but not provided by the proposer.
3.3.8.6 Multiple or alternate proposals, if permitted by the solicitation documents, shall be handled in accordance with Section 3.2.10.5 above.
3.3.8.7 At the discretion of the Procurement Officer following the recommendation by the evaluation committee, a short-list of qualified proposals may be established during the technical evaluation. Only those firms short-listed would continue in the evaluation process. Those firms not short-listed shall be so advised. At this point, a second phase of the technical evaluation may take place. The second phase may include oral presentations with further discussions and refinements with the short-listed firms.
3.3.8.8 At the conclusion of the evaluation, the Procurement Officer shall document the following:

3.3.8.8.1 An analysis of the technical proposals including an assessment of each proposer's ability to meet the technical requirements of the solicitation;
3.3.8.8.2 A summary of the findings of the evaluation committee.

3.3.9 Price Proposals

3.3.9.1 In accordance with Section 3.3.2.4 above, the RFP shall stipulate how and when price proposals shall be received.
3.3.9.2 If price proposals are received concurrently with technical proposals, price proposals will only be evaluated from proposals determined to be reasonably susceptible for award or from short-listed proposers.
3.3.9.3 If price proposals are received subsequent to the evaluation of technical proposals, the Procurement Officer shall solicit price proposals only from those proposers whose proposals are determined to be reasonably susceptible for award or from short-listed proposers.

3.3.10 Discussions and/or Negotiations

3.3.10.1 At the sole discretion of the Procurement Officer, discussions and/or negotiations may be held with all proposers still under consideration.
3.3.10.2 Proposers shall be treated fairly and equally with respect to any opportunity for discussions, negotiations and clarifications. The Procurement Officer shall establish the procedures and schedule for conducting any discussions.
3.3.10.3 Discussions may take place at any point during the evaluation process. To the extent that information revealed during the discussions affects the ranking of proposers during the technical or price evaluation phase, the rankings may be adjusted accordingly.
3.3.10.4 If any discussions reveal information that requires a substantive clarification of, or change to the request for proposals, the Procurement Officer shall amend the request for proposals to incorporate the change(s) and a copy of the amendment shall be sent to all proposers still under consideration.
3.3.10.5 During discussions, the Procurement Officer shall not disclose or permit to be disclosed any information from a competing proposal or advise a proposer of its standing relative to another proposer.
3.3.10.6 The Procurement Officer may allow the proposer a reasonable opportunity to submit any technical, cost, financial, or other information and materials, or revisions to its proposals that may result from the discussions.
3.3.10.7 A record of each discussion shall be kept in the procurement file.

3.3.11 Best and Final Offers

3.3.11.1 When the Procurement Officer determines it is in the best interest of the College, proposers may be permitted to revise their proposals by submitting a best and final offer or series of best and final offers.
3.3.11.2 The Procurement Officer shall establish a due date and time for best and final offers.
3.3.11.3 A proposer's previous offer shall be deemed final unless a new best and final offer is submitted as requested.

3.3.12 Basis of Award
Award shall be made to the responsible proposer whose overall technical and financial proposal was evaluated as best meeting the needs of the College as set forth in the RFP. The College may make multiple awards if it is deemed to be in the best interest of the College, and if provided for in the solicitation.

3.3.13 Debriefing of Unsuccessful Proposers

3.3.13.1 Unsuccessful proposers may request a debriefing. If the proposer chooses to do so, the request must be submitted in writing to the Procurement Officer within ten days after the proposer knew, or should have known its proposal was unsuccessful. Debriefings shall be limited to discussion of the specific proposer's proposal only and shall not include a discussion of a competing offeror's proposal. Debriefings shall be conducted at the earliest feasible time.
3.3.13.2 The debriefing may include information on areas in which the unsuccessful proposer's proposal was deemed weak or insufficient.
3.3.13.3 Debriefing may not include discussion or dissemination of the thoughts, notes or rankings of individual members of an evaluation committee.
3.3.13.4 Debriefing may include a summary of the Procurement Officer's rationale for the selection decision and recommended award.

3.3.14 Award of Competitive Sealed Proposals
Notice of award shall be published in the eMaryland Market Place and/or by direct notification to all proposers.

3.4 Unsolicited Proposals

3.4.1 Defined
At the recommendation of the Procurement Officer, the College may accept an unsolicited proposal for evaluation if the proposal:

3.4.1.1 is innovative and unique;
3.4.1.2 was independently originated and developed by the Proposer;
3.4.1.3 was prepared without the supervision of the College
3.4.1.4 includes sufficient detail to permit a determination that College support would be worthwhile; and
3.4.1.5 shows that the proposal would benefit the College.

3.4.2 Documentation
Unsolicited proposals shall contain information to permit consideration in an objective and timely manner, such as;

3.4.2.1 The Proposer's name and address and type of organization, such as profit, nonprofit, educational, or certified minority business enterprise;
3.4.2.2 The names and telephone numbers of technical and business personnel to be contacted for evaluation or negotiation purposes;
3.4.2.3 The identification of proprietary data to be used only for evaluation purposes;
3.4.2.4 The signature of a person authorized to represent and contractually obligate the proposer;
3.4.2.5 The proposed price or total estimated cost for the effort in sufficient detail for meaningful evaluation;
3.4.2.6 The period of time for which the proposal is valid;
3.4.2.7 The type of contract preferred; and
3.4.2.8 The proposed duration of the effort.

3.4.3 Evaluation of Unsolicited Proposals
When performing an evaluation of an unsolicited proposal, the following factors shall be considered, in addition to any others appropriate for the particular proposal:

3.4.3.1 The unique and innovative methods, approaches, or concepts demonstrated by the proposal;
3.4.3.2 The overall scientific, technical, or socio-economic merits of the proposal;
3.4.3.3 The potential contribution of the effort to the College's specific mission
3.4.3.4 The proposer's capabilities, related experience, facilities, techniques, or unique combinations of these which are integral factors for achieving the proposal objectives; and
3.4.3.5 The qualifications, capabilities, and experience of the proposed team leader or key personnel who are critical to achieving the proposal objective.

3.4.4 Return of Unsolicited Proposals
The College must reject an unsolicited proposal and it shall be returned to the proposer, citing reasons, when its substance meets any of the following:

3.4.4.1 It is available to the College without restriction from another source;
3.4.4.2 It closely resembles a pending competitive procurement; or
3.4.4.3 It does not demonstrate an innovative and unique method, approach, or concept, or if it does, another method, approach, or concept may be available to the College on the basis of competitive proposals.
3.4.4.4 If the proposal is deemed not in the best interest of the College or is deemed by the College as not of value to the College.
3.4.4.5 If the College has no requirement for what is proposed and/or the proposal is not affordable.

3.4.5 Requirement to Make an Award
A favorable evaluation of an unsolicited proposal does not, by itself, require the College to make an award.

3.4.6 Negotiations
The Procurement Officer may negotiate.

3.4.7 Notice of Award: the Procurement Officer will post a notice of award for any accepted unsolicited proposal.

3.5 Procurement by Cooperative Purchasing Agreements

3.5.1 The College may participate in, conduct, sponsor or administer a cooperative purchasing agreement. The purpose of such agreements is to promote efficiency and savings that can result from cooperative purchasing. This includes but is not limited to agreements with any of the following:

3.5.1.1 The federal government or an agency or other instrumentality of the federal government;
3.5.1.2 The State of Maryland, another state, or an agency or other instrumentality of another state;
3.5.1.3 A bistate or multistate agency;
3.5.1.4 A county, municipal corporation, or other political subdivision of the State or of another state, or an agency or other instrumentality of the political subdivision;
3.5.1.5 Other institutions of higher education and the University of Maryland Medical System.
3.5.1.6 A cooperative or organization established for the purpose of establishing contracts to aggregate the common requirements of similar institutions for maximize economies of scale when soliciting bids or proposals.
3.5.1.7 Alumni associations, foundations, and faculty practice organizations recognized by the Board of Trustees, in accordance with Education Article Section 15-104.

3.5.2 The College's solicitation must state that the contract may be made available to other agencies for cooperative procurements.

3.6 Use of Contracts Established by Other Institutions or Agencies
St. Mary's College of Maryland may use contracts established by other Agencies or Institutions provided that use of the contract is in the best interest of the College, and provided that the contract was awarded after a procurement process (including Sole Source or Negotiated Procurement), and provided that the terms of the applicable contract does not prohibit use by St. Mary's College of Maryland. Examples of Institutions whose contracts are acceptable for use include, but are not limited to:

3.6.1 The federal government or an agency or other instrumentality of the federal government;

3.6.2 The State of Maryland, another state, or an agency or other instrumentality of another state;

3.6.3 A bistate or multistate agency;

3.6.4 A county, municipal corporation, or other political subdivision of the State or of another state, or an agency or other instrumentality of the political subdivision;

3.6.5 Other institutions of higher education and the University of Maryland Medical System.

3.6.6 A cooperative or organization established for the purpose of establishing contracts to aggregate the common requirements of similar institutions for maximize economies of scale when soliciting bids or proposals.

3.7 Architectural and Engineering (A/E) Services

3.7.1 These A/E policies and procedures are for the procurement and award of contracts, consultant agreements, and other obligations for architectural and/or engineering including but not limited to landscape architecture, land-use planning, programming, commissioning, cost estimating, land-use planning, and interior design services.

3.7.2 St. Mary's College of Maryland is committed to a best value selection process in the procurement of A/E services.

3.7.3 Except as specifically provided below, the Procurement Method for A/E services over $25,000 will be in accordance with the Competitive Sealed Proposals (Section 3.3).

3.7.3.1 Selection Committee: The Associate Vice President of Facilities shall establish a Selection Committee composed of appropriate representatives from the College and affiliated organizations.
3.7.3.2 Ranking of Proposers:

3.7.3.2.1 Upon completing the evaluation of technical and price proposals, in accordance with Section 3.3.8 above, the Selection Committee will provide the Procurement Officer a ranking of proposers.
3.7.3.2.2 Upon approval of the Selection Committee's ranking, the Procurement Officer shall notify all proposers of the ranking and that only the proposer ranked number one or, in the case of a solicitation in which multiple awards are applicable, the appropriate number of the highest ranking firms, will proceed to the negotiation phase.

3.7.3.3 Negotiation Phase:

3.7.3.3.1 The Procurement Officer shall designate a negotiation committee composed of appropriate representatives from the College and/or affiliated organization.
3.7.3.3.2 Negotiations shall be conducted between the number one ranked proposer, or in the case of a solicitation in which multiple awards are applicable, the appropriate number of the highest ranking proposers, and the negotiation committee.
3.7.3.3.3 If the negotiation committee is unable to negotiate a satisfactory contract, the committee shall advise the Procurement Officer of such.
3.7.3.3.4 If the Procurement Officer determines that a satisfactory contract cannot be negotiated, the negotiations shall be terminated. In such instances, the Procurement Officer may either direct the negotiation committee to commence negotiations with the next ranked candidate firm or firms or re-advertise the procurement.
3.7.3.3.5 Upon completion of successful negotiations, the Negotiation Committee will forward its recommendation for contract award to the Procurement Officer.

SECTION 4-CONTRACT TYPES

4.1 General

4.1.1 A wide selection of contract types is available to the College in order to provide needed flexibility in acquiring the variety and volume of supplies, services and maintenance required by the College. Contract types vary according to:

4.1.1.1 The degree and timing of the responsibility assumed by the contractor for cost of performance; and

4.1.1.2 The amount and nature of profit incentive offered to the contractor for achieving or exceeding specific standards or goals.

4.1.2 The following contract types are available:

4.1.2.1 Fixed Price Contracts: in which the contractor has full responsibility for the performance cost and resulting profit (or loss).

4.1.2.2 Indefinite Delivery (with fixed unit costs): in which multiple orders can be placed based on defined units of service or product and in which the contractor has full responsibility for the performance cost and resulting profit (or loss).

4.1.2.3 Cost Reimbursement Contracts: -in which the contractor's responsibility for performance costs and profit or fee incentives offered are tailored to the uncertainties involved in contract performance.

4.1.2.4 Time and Material Contracts: similar to Cost Reimbursement Contracts but used in exigent circumstances where time is not available to pre-establish costing guidelines other than a maximum limit.

4.1.2.5 Labor-Hour Contracts: similar to Time and Material Contracts in which the materials are excluded.

4.1.2.6 Incentive Contracts: in which the profit or fee payable under the contract is directly related to the contractor's performance. Incentive contracts can either be fixed price contracts with an incentive or cost reimbursable contracts with an incentive.

4.1.3 Individual contracts may include elements of two or more types of contracts such as a fixed price contract with unit prices, allowances, or reimbursements.

4.1.4 Except in case of emergency affecting the public health, safety or welfare of the College community, no contract using Federal funds shall be awarded on a cost plus- percentage of cost basis.

4.2 Factors in Selecting Contract Types

4.2.1 There are many factors that the Procurement Officer should consider in selecting the contract type. They include but are not limited to the following:

4.2.1.1 Price competition
Normally, effective price competition results in realistic pricing, and a fixed-price contract is ordinarily in the College's best interest.

4.2.1.2 Price analysis
Price analyses may provide a basis for selecting the contract type.

4.2.1.3 Cost analysis
Uncertainties involved in performance and their impact on costs should be identified and evaluated, so that a contract type that places a reasonable degree of cost responsibility upon the contractor can be selected.

4.2.1.4 Urgency of the requirement
If urgency is a primary factor, the College may choose to assume a greater proportion of risk or offer incentives to ensure timely contract performance.

4.2.1.5 Period of performance
In times of economic uncertainty, contracts extending over a relatively long period may require economic price adjustment terms.

4.2.1.6 Contractor's Capability
Technical capability and financial responsibility of the contractor.

4.2.1.7 Adequacy of contractor's accounting system
Except for a firm fixed-price contract, the Procurement Officer should determine that the contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific type of contract contemplated and that the contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles

4.3 Fixed-Price Contracts

4.3.1 General
Fixed-price types of contracts provide for a firm price or, in appropriate cases, an adjustable price. Fixed-price contracts providing for an adjustable price may include a ceiling price, a target price (including target cost), or both. Unless otherwise specified in the contract, the ceiling price or target price is subject to adjustment only by operation of contract clauses providing for equitable adjustment or other revision of the contract price under stated circumstances.

4.3.2 Description
A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties. The Procurement Officer may use a firm-fixed-price contract in conjunction with performance or delivery incentives. The contract type remains firm-fixed-price when used with these incentives.

4.3.3 Application.
A firm-fixed-price contract is suitable for acquiring commercial items or for acquiring other supplies or services on the basis of reasonably definite functional or detailed specifications when the Procurement Officer can establish fair and reasonable prices at the outset, such as when-

4.3.3.1 There is adequate price competition;
4.3.3.2 There are reasonable price comparisons with prior purchases of the same or similar supplies or services made on a competitive basis or supported by valid cost or pricing data;
4.3.3.3 Available cost or pricing information permits realistic estimates of the probable costs of performance; or
4.3.3.4 Performance uncertainties can be identified and reasonable estimates of their cost impact can be made, and the contractor is willing to accept a firm fixed price representing assumption of the risks involved.

4.4 Indefinite Delivery Contracts

4.4.1 Definitions.
"Delivery order contract" means a contract for supplies that does not procure or specify a firm quantity of supplies (other than a minimum or maximum quantity) and that provides for the issuance of orders for the delivery of supplies during the period of the contract.
"Task order contract" means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract.

4.4.2 General.

4.4.2.1 There are three types of indefinite-delivery contracts: definite-quantity contracts, requirements contracts, and indefinite-quantity contracts. The appropriate type of indefinite-delivery contract may be used to acquire supplies and/or services when the exact times and/or exact quantities of future deliveries are not known at the time of contract award.

4.4.2.1.1 Definite-quantity contracts allow the College to buy a specific quantity of goods or services within a range of indefinite delivery dates.
4.4.2.1.2 Requirements contracts require the College to purchase all of its requirements for a specified product or service via the contract.
4.4.2.1.3 Indefinite-quantity contracts allow the College to buy a non-specific quantity within a specified range of products over a specified period of time.

4.4.2.2 The various types of indefinite-delivery contracts offer the following advantages:
All three types permit-

4.4.2.2.1 College stocks to be maintained at minimum levels; and
4.4.2.2.2 Direct shipment to users on Campus.

4.4.2.3 Indefinite-quantity contracts and requirements contracts also permit-

4.4.2.3.1 Flexibility in both quantities and delivery scheduling; and
4.4.2.3.2 Ordering of supplies or services after requirements materialize.

4.4.2.4 Indefinite-quantity contracts limit the College's obligation to the minimum quantity specified in the contract.
4.4.2.5 Requirements contracts may permit faster deliveries when production lead time is involved, because contractors are usually willing to maintain limited stocks when the College will obtain all of its actual purchase requirements from the contractor.
4.4.2.6 Indefinite-delivery contracts may provide for any appropriate cost or pricing arrangement under this Section 4. Cost or pricing arrangements that provide for an estimated quantity of supplies or services (e.g., estimated number of labor hours) must comply with following:

4.4.2.6.1 The contract must require the College to order and the contractor to furnish at least a stated minimum quantity of supplies or services. In addition, if ordered, the contractor must furnish any additional quantities, not to exceed the stated maximum. The procurement officer should establish a reasonable maximum quantity based on market research, trends on recent contracts for similar supplies or services, survey of potential users, or any other rational basis.
4.4.2.6.2 To ensure that the contract is binding, the minimum quantity must be more than a nominal quantity, but it should not exceed the amount that the College is fairly certain to order.
4.4.2.6.3 The contract may also specify maximum or minimum quantities that the College may order under each task or delivery order and the maximum that it may order during a specific period of time.
4.4.2.6.4 A solicitation and contract for an indefinite quantity must:

4.4.2.6.4.1 Specify the period of the contract, including the number of options and the period for which the College may extend the contract under each option;
4.4.2.6.4.2 Specify the total minimum and maximum quantity of supplies or services the College will acquire under the contract;
4.4.2.6.4.3 Include a statement of work, specifications, or other description, that reasonably describes the general scope, nature, complexity, and purpose of the supplies or services the College will acquire under the contract in a manner that will enable a prospective offeror to decide whether to submit an offer;
4.4.2.6.4.4 State the procedures that the College will use in issuing orders, including the ordering media, and, if multiple awards may be made, state the procedures and selection criteria that the College will use to provide awardees a fair opportunity to be considered for each order (see 4.4.3.2);

4.4.3 Ordering.

4.4.3.1 General.

4.4.3.1.1 The Procurement Officer does not solicit orders under indefinite-delivery contracts.
4.4.3.1.2 Individual orders shall clearly describe all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the order is placed. Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the contract.
4.4.3.1.3 Performance-based acquisition methods must be used to the maximum extent practicable, if the contract or order is for services.
4.4.3.1.4 Orders may be placed by using any medium specified in the contract.
4.4.3.1.5 Orders placed under indefinite-delivery contracts must contain the following information:

4.4.3.1.5.1 Date of order.
4.4.3.1.5.2 Contract number and order number.
4.4.3.1.5.3 For supplies and services, contract item number and description, quantity, and unit price or estimated cost or fee.
4.4.3.1.5.4 Delivery or performance schedule.
4.4.3.1.5.5 Place of delivery or performance (including consignee).
4.4.3.1.5.6 Any packaging, packing, and shipping instructions.
4.4.3.1.5.7 Accounting and appropriation data.
4.4.3.1.5.8 Method of payment and payment office, if not specified in the contract

4.4.3.2 Orders under multiple award contracts- Fair opportunity.

4.4.3.2.1 In the event of multiple awards to two or more vendors, the Procurement Officer must provide each awardee a fair opportunity to be considered for each order exceeding $2,500 issued under multiple delivery-order contracts or multiple task-order contracts
4.4.3.2.2 The Procurement Officer may exercise broad discretion in developing appropriate order placement procedures. The Procurement Officer should keep submission requirements to a minimum. The Procurement Officer may use streamlined procedures, including oral presentations. In addition, the Procurement Officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the Procurement Officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order. The competition requirements in Section 2 do not apply to the ordering process. However, the Procurement Officer must-

4.4.3.2.2.1 Develop placement procedures that will provide each awardee a fair opportunity to be considered for each order and that reflect the requirement and other aspects of the contracting environment;
4.4.3.2.2.2 Not use any method (such as allocation or designation of any preferred awardee) that would not result in fair consideration being given to all awardees prior to placing each order;
4.4.3.2.2.3 Tailor the procedures to each acquisition;
4.4.3.2.2.4 Include the procedures in the solicitation and the contract; and
4.4.3.2.2.5 Consider price or cost under each order as one of the factors in the selection decision.

4.4.3.2.3 The Procurement Officer should consider the following when developing the procedures:

4.4.3.2.3.1 Past performance on earlier orders under the contract, including quality, timeliness and cost control.
4.4.3.2.3.2 Potential impact on other orders placed with the contractor.
4.4.3.2.3.3 Minimum order requirements.
4.4.3.2.3.4 The amount of time contractors need to make informed business decisions on whether to respond to potential orders.
4.4.3.2.3.5 Whether contractors could be encouraged to respond to potential orders by outreach efforts to promote exchanges of information, such as-
4.4.3.2.3.6 Seeking comments from two or more contractors on draft statements of work;
4.4.3.2.3.7 Using a multi-phased approach when effort required to respond to a potential order may be resource intensive (e.g., requirements are complex or need continued development), where all contractors are initially considered on price considerations (e.g., rough estimates), and other considerations as appropriate (e.g., proposed conceptual approach, past performance). The contractors most likely to submit the highest value solutions are then selected for one-on-one sessions with the College to increase their understanding of the requirements, provide suggestions for refining requirements, and discuss risk reduction measures.

4.4.3.2.4 Formal evaluation plans or scoring of quotes or offers are not required.
4.4.3.2.5 Exceptions to the fair opportunity process. The Procurement Officer shall give every awardee a fair opportunity to be considered for a delivery-order or task-order exceeding $2,500 unless one of the following statutory exceptions applies:

4.4.3.2.5.1 The College need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.
4.4.3.2.5.2 Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.
4.4.3.2.5.3 The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.
4.4.3.2.5.4 It is necessary to place an order to satisfy a minimum guarantee.

4.4.3.3 Pricing orders. If the contract did not establish the price for the supply or service, the Procurement Officer must establish prices for each order using the policies and methods in Section 3 of these Procurement Policies and Procedures.
4.4.3.4 Decision documentation for orders. The Procurement Officer shall document in the contract file the rationale for placement and price of each order, including the basis for award and the rationale for any tradeoffs among cost or price and non-cost considerations in making the award decision. This documentation need not quantify the tradeoffs that led to the decision. The contract file shall also identify the basis for using an exception to the fair opportunity process. If the agency uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

4.5 Cost-Reimbursement Contracts

4.5.1 Description.
Cost-reimbursement types of contracts provide for payment of allowable incurred costs, to the extent prescribed in the contract. These contracts establish an estimate of total cost for the purpose of obligating funds and establishing a ceiling that the contractor may not exceed (except at its own risk) without the approval of the Procurement Officer. The Procurement Officer may use a cost-reimbursement contract in conjunction with performance or delivery incentives

4.5.2 Application.
Cost-reimbursement contracts are suitable for use only when uncertainties involved in contract performance do not permit costs to be estimated with sufficient accuracy to use any type of fixed-price contract.

4.5.3 Limitations.

4.5.3.1 A cost-reimbursement contract may be used only when-

4.5.3.1.1 The contractor's accounting system is adequate for determining costs applicable to the contract; and
4.5.3.1.2 Appropriate College surveillance during performance will provide reasonable assurance that efficient methods and effective cost controls are used.
4.5.3.1.3 The use of cost-reimbursement contracts is prohibited for the acquisition of commercial items.

4.6 Time-and-materials contracts

4.6.1 Description. A time-and-materials contract provides for acquiring supplies or services on the basis of-

4.6.1.1 Direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses, and profit; and
4.6.1.2 Materials at cost, including, if appropriate, material handling costs as part of material costs.

4.6.2 Application . A time-and-materials contract may be used only when it is not possible at the time of placing the contract to estimate accurately the extent or duration of the work or to anticipate costs with any reasonable degree of confidence.

4.6.3 College surveillance . A time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, appropriate College surveillance of contractor performance is required to give reasonable assurance that efficient methods and effective cost controls are being used.

4.6.4 Material handling costs . When included as part of material costs, material handling costs shall include only costs clearly excluded from the labor-hour rate. Material handling costs may include all appropriate indirect costs allocated to direct materials in accordance with the contractor's usual accounting procedures consistent with the laws of Maryland.

4.6.5 Optional method of pricing material . When the nature of the work to be performed requires the contractor to furnish material that it regularly sells to the general public in the normal course of its business, the contract may provide for charging material on a basis other than at cost if-

4.6.5.1 The total estimated contract price does not exceed $25,000 or the estimated price of material so charged does not exceed 20 percent of the estimated contract price;
4.6.5.2 The material to be so charged is identified in the contract;
4.6.5.3 No element of profit on material so charged is included as profit in the fixed hourly labor rates; and
4.6.5.4 The contract provides-

4.6.5.4.1 That the price to be paid for such material shall be based on an established catalog or list price in effect when material is furnished, less all applicable discounts to the College; and
4.6.5.4.2 That in no event shall the price exceed the contractor's sales price to its most-favored customer for the same item in like quantity, or the current market price, whichever is lower.

4.6.6 Limitations . A time-and-materials contract may be used (1) only after the Procurement Officer executes a determination and findings that no other contract type is suitable; and (2) only if the contract includes a ceiling price that the contractor exceeds at its own risk. The Procurement Officer shall document the contract file to justify the reasons for and amount of any subsequent change in the ceiling price.

4.7 Labor-hour contracts

4.7.1 Description . A labor-hour contract is a variation of the time-and-materials contract, differing only in that materials are not supplied by the contractor. See Section 4.6 for application and limitations, respectively.

4.8 Incentive Contracts

The use of incentives in contracts as described below is appropriate when the required supplies or services can be acquired at lower costs and, in certain instances, with improved delivery or technical performance, by relating the amount of profit or fee payable under the contract to the contractor's performance. The use of incentives in contracts is designed to obtain specific acquisition objectives by-

4.8.1 Establishing reasonable and attainable targets that are clearly communicated to the contractor; and

4.8.2 Including appropriate incentive arrangements designed to-

4.8.2.1 motivate contractor efforts that might not otherwise be emphasized; and
4.8.2.2 discourage contractor inefficiency and waste.

4.8.3 When predetermined, formula-type incentives on technical performance or delivery are included, increases in profit or fee are provided only for achievement that surpasses the targets, and decreases are provided for to the extent that such targets are not met. The incentive increases or decreases are applied to performance targets rather than minimum performance requirements.

4.8.4 The two basic categories of incentive contracts are fixed-price incentive contracts and cost-reimbursement incentive contracts. Since it is usually to the College's advantage for the contractor to assume substantial cost responsibility and an appropriate share of the cost risk, fixed-price incentive contracts are preferred when contract costs and performance requirements are reasonably certain.

SECTION 5 CONTRACT ADMINISTRATION

5.1 Purpose and Scope

Contract administration begins with the signing or execution of a contract or purchase order. Its purpose is to assure that the contractor's total performance is in accordance with the terms and conditions of the contractual agreement. The integrity of the College's purchasing system demands the goods or services are furnished as specified in the contract. Contract administration includes all actions taken by the College relative to a specific contract after the award is made. A contract administrator is typically identified in each contract.

The College shall comply with Section 11-203(e) of the State Finance and Procurement Article. This section includes provisions of Division II of the State Finance and Procurement Article that apply to the College. These include: Section 11-205 (Fraud in Procurement); Section 11-205.1 (Falsification of Material Facts); Section 13-219 (Required Clauses-Nondiscrimination Clause); Section 13-225 (Retainage); Title 14, Subtitles 1 (Preferences to Benefit Disadvantaged Individuals) to the maximum extent possible and 3 (Minority Business Participation); Title 15, Subtitle 1 (Procurement Contract Administration); Section 15-226 (Prompt Payment of Subcontractors); and Title 16 (Debarment of Contractors).

5.2 Authority and Responsibility

5.2.1 The Procurement Officer is responsible for the technical and administrative sufficiency of the College's contracts and shall seek legal, technical and other advice within the College, including its assistant attorney general, in fulfilling these responsibilities.

5.2.2 Contract administration is the process of enforcing the terms of a contract through such actions as evaluating performance and progress, monitoring contract deliveries, inspections, approval of payments and closeout.

5.2.3 Contract administration is the responsibility of the Procurement Officer, who may delegate it to another College official, with the approval of the Vice President for Business and Finance.

5.2.4 The Procurement Officer is typically an individual in the College's Purchasing Department. In instances where the Procurement Officer is an individual outside of the Purchasing Department, then the Purchasing Department will provide support required for the solicitation and administration of the contract.

5.3 Contract Execution

5.3.1 All procurement contracts over $10,000 in value (including the value of all options or renewals) shall require two signatures by authorized College personnel. Only those College employees or officers designated by the Vice President for Business and Finance shall have authority to sign procurement contracts.
5.3.2 Generally, authorized College representatives should execute contract documents after the contract documents have been executed by the contractor and approved for form and legal sufficiency.

5.3.3 The contract shall be signed by the appropriate representative(s) of the contractor with the authority to bind the firm to the terms of the contract.

5.3.4 A contract with a joint venture may involve any combination of individuals, partnerships or corporations. The contract shall be signed by each participant in the joint venture in the manner set forth in this section.

5.3.5 Review of Contracts for Legal Form and Sufficiency: Before a procurement contract may be approved and executed, it shall be reviewed for legal form and sufficiency by an assistant attorney general (or other approved legal counsel) as provided below.

5.3.5.1 Contracts documented on a purchase order form, which includes the standard terms and conditions of these Procurement Policies and Procedures, and which do not include any terms and conditions which conflict with the standard purchase order terms, do not require further review for legal form and sufficiency.
5.3.5.2 Contracts documented on a standard procurement contract form, which includes the standard terms and conditions stipulated, as appropriate (depending on the dollar value of the contract and the nature of the contract, e.g., construction,) in the Appendices of these Procurement Policies and Procedures, and which do not include any terms which conflict with the standard procurement contract form's terms and conditions, do not require further review for form and legal sufficiency.
5.3.5.3 Other contract documents (e.g., as payment, performance, and bid bond documents, solicitation documents) shall substantially comply with the terms and conditions identified in Appendix A.
5.3.5.4 Documents submitted by a contracting party other than the College, which that party seeks to have included as part of the contract between the parties, must be reviewed for content and legal form and sufficiency. Review of contract documents should ensure that the content is consistent with the scope of the contract, and does not modify the terms of the agreement. Any change to the contract shall be made only by a formal contract modification referencing the applicable terms of the contract. Modification of documents submitted by a party other than the College may be made by the Procurement Officer and, as appropriate, by legal counsel.

5.4 Contract Modifications

All contract modifications shall be in writing and signed by the contractor and those College employees or officers authorized to sign on behalf of the College. If possible, contract modifications shall be signed by the same College employee(s) or official(s) that signed the initial contract. In the event that the College employee(s) or official(s) who signed the initial contract are not available, then, the Vice President of Business and Finance, or his designee, shall sign the contract modification. Contract modifications are effective on the date of the last required signature, unless otherwise specified in the modification.

Before a contract, which required approval by the Board of Public Works, is modified, the proposed modification must comply with applicable Board of Public Works requirements for approval.

5.5 Delivery and Performance

The time of delivery or performance is an essential contract element and shall be clearly stated in each contract. Delivery or performance must be met by the date or period specified or the contractor may be considered to be in default.

5.6 Payment

The contract documents are to include the process by which payments are to be made.

5.7 Closeout of Contracts

The Procurement Officer shall adopt internal policies and procedures to ensure that contract closeout is conducted properly.

5.8 Termination of the Contract

Generally, a contract is for a specified term, as defined in the contract documents. A contract may be terminated, upon approval of the Vice President for Business and Finance, earlier than the specified term under the following circumstances:

5.8.1 as provided by the terms and conditions of the contract,
5.8.2 upon the mutual written agreement of the parties,
5.8.3 by the College, for lack of appropriations or other funds in accordance with Appendix B,
5.8.4 by the College, for default in accordance with Appendix B, and
5.8.5 by the College, for convenience in accordance with Appendix B, if termination for convenience is in the best interests of the College or the State of Maryland.

SECTION 6 - VENDORS

6.1 Debarment/Suspension

6.1.1 The College shall abide by the Code of Maryland Regulations (COMAR) Title 21, Subtitle 08 with regard to all debarments/suspensions.

6.1.2 In determining the status of a business or person with regard to debarment/suspension in the State of Maryland, the College shall refer to the Maryland Board of Public Works published list of Businesses & Persons Suspended or Debarred.

6.2 Vendor Pre-qualifications

The Procurement Officer may limit bids to those vendors pre-qualified in accordance with the procedures established in Section 3.3.

6.3 Vendor Responsibility

6.3.1 The Procurement Officer shall make purchases from and award contracts only to responsible contractors.

6.3.2 In the absence of information clearly indicating that the prospective contractor is responsible, the Procurement Officer shall make a determination of non-responsibility.

6.3.3 Factors to be used in determining whether a vendor is responsible may include, but are not limited to:

6.3.3.1 Financial resources adequate to perform the contract, or the ability to obtain them;
6.3.3.2 Ability to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;
6.3.3.3 A satisfactory performance record;
6.3.3.4 A satisfactory record of integrity and business ethics;
6.3.3.5 The necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;
6.3.3.6 Compliance with applicable licensing and tax laws and regulation;
6.3.3.7 The necessary production, construction, and technical equipment and facilities, or the ability to obtain them;
6.3.3.8 Other qualifications and eligibility criteria necessary to receive and award under applicable laws and regulations.

6.3.4 If the Procurement Officer determines that the price bid or offered by a prospective contractor is so low as to appear unreasonable or unrealistic, the Procurement Officer may determine the prospective contractor to be non-responsible.

6.3.5 The prospective contractor shall promptly supply information requested by the Procurement Officer regarding the responsibility of the prospective contractor.

6.3.6 If the prospective contractors fails to supply the information as requested, the Procurement Officer shall make the determination of responsibility or non-responsibility based upon available information.

6.3.7 The Procurement Officer may use the following sources of information, as appropriate, to support determinations of responsibility or non-responsibility:

6.3.7.1 The Maryland State Board of Public Works list of Businesses and Persons Suspended or Debarred:
6.3.7.2 Records, past performance, and experience data, including verifiable knowledge of SMCM and State of Maryland personnel;
6.3.7.3 Being in good standing with the State, including information supplied by the prospective contractor, including bid or proposal information, questionnaire replies, financial data, information on production equipment, and personnel information.
6.3.7.4 Federal disqualification listing of ineligible and debarred contractors.

6.3.8 When an offer on which an award would otherwise be made is rejected because the prospective contractor is found to be non-responsible, the Procurement Officer shall make, sign, and place in the contract file a determination of Non-responsibility, which shall state the basis for the determination and so notify the prospective contractor.

SECTION 7 - SOCIO-ECONOMIC POLICIES

Pursuant to Chapter 255 of the Laws of Maryland 2006, St. Mary's College of Maryland shall comply with the provisions of Title 14, subtitle 1 (Preferences to Benefit Disadvantaged Individuals), to the maximum extent practicable, and with the provisions of Title 14, subtitle 3 (Minority Business Participation) of the State Finance and Procurement Article of the Annotated Code of Maryland and applicable Maryland regulations.

In addition, the College shall recognize reciprocal certification with other governmental agencies, but shall not include these procurements in reporting governed under current State law.

SECTION 8 - PROTESTS AND CLAIMS

8.1 General

8.1.1 An aggrieved party shall exhaust all administrative remedies provided in this section before seeking judicial review.

8.1.2 Under this section, if the last day for taking an action falls on a day when the filing office is closed; the file date will be the next day the filing office is open.

8.1.3 "Appeal" shall mean an appeal of a decision of the Procurement Officer in connection with a protest or a contract claim. All appeals shall be in writing and made within the time permitted by these Procurement Policies and Procedures. All appeals shall be to the Maryland State Board of Contract Appeals.

8.1.4 "Hearing Board" shall mean the Maryland State Board of Contract Appeals.

8.1.5 Delegation of Authority: Upon the approval of these Policies and Procedures, the Maryland State Board of Contract Appeals shall be delegated the authority, subject to and in accordance with these Procurement Policies and Procedures, to conduct hearings in connection with Appeals, to make findings of fact and conclusions of law, as appropriate, and to make and issue the final administrative agency decision and order. The Hearing Board shall have authority over all appeals arising on or after the effective date of these Policies and Procedures.

8.1.6 A final administrative agency decision, issued by the Hearing Board, is subject to judicial review in accordance with the provisions of the Administrative Procedure Act governing contested cases, State Government Article, Md. Annotated Code, Section 10-222. The College is entitled to seek judicial review of a final administrative agency decision.

8.1.7 To the extent reasonably possible, all procurement contracts shall identify the Hearing Board and provide contact information for the Hearing Board.

8.1.8 All references in this Section 8 to Maryland statutes and regulations shall mean the statute and/or regulation, as amended from time to time.

8.1.9 "Reviewing Authority" as referenced in COMAR Title 21, Subtitle 10, shall mean the College Vice President of Business and Finance, or his designee, unless otherwise specified in these Procurement Policies and Procedures.

8.1.10 In the filing of a protest or claim, the contractor shall have the burden of proof and the burden of going forward with the evidence of all issues, including the propriety of a determination for default.

8.2 Protests

8.2.1 Definitions: The following words have the meanings indicated:

8.2.1.1 Filed: received by the Procurement Officer, or the Hearing Board depending on the context.
8.2.1.2 Interested party: an actual or prospective bidder, proposer, or contractor that may be aggrieved by the solicitation or award of a contract, or by a protest.
8.2.1.3 Protest: a complaint relating to the solicitation or award of a procurement contract.
8.2.1.4 Protestor: means any actual or prospective bidder, proposer or contractor who is aggrieved in connection with the solicitation or the award of a contract and who files the protest.

8.2.2 Filing a Protest

8.2.2.1 An interested party may file a protest with the Procurement Officer.
8.2.2.2 The protest shall be in writing and addressed to the Procurement Officer.

8.2.3 Timing for Filing

8.2.3.1 A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the closing date for receipt of initial proposals shall be filed before bid opening or the closing date and time of receipt of initial proposals.
8.2.3.2 A protest based upon alleged improprieties in a solicitation that did not exist in the original solicitation but which are subsequently incorporated in an amendment to the solicitation shall be filed not later than the solicitation closing date and time for receipt of bids or proposals identified in the amendment (or in the original solicitation, if the opening date and time were not changed by amendment).
8.2.3.3 In cases other than those covered in 8.2.3.1 and 8.2.3.2 above, protests shall be filed not later than seven (7) days after the basis for the protest is known or should have been known, whichever is earlier.
8.2.3.4 A protest received by the Procurement Officer after the time limits described above may not be considered.
8.2.3.5 All costs associated with filing and prosecuting a protest shall be borne by the protestor.

8.2.4 Requested Information

8.2.4.1 The written protest shall include the following information:

8.2.4.1.1 The name and address of the protestor;
8.2.4.1.2 Appropriate identification of the procurement;
8.2.4.1.3 A statement of reasons for the protest; and,
8.2.4.1.4 Supporting exhibits, evidence or documents to substantiate the reasons for the protests.

8.2.4.2 Any additional information or substantiation requested by the Procurement Officer shall be submitted within five (5) days after receipt of the request by the Protestor. Failure of any party to comply with a request for information or substantiation by the Procurement Officer may result in a resolution of the protest without consideration of any response to the request that is not timely filed.
8.2.4.3 Upon written request, the Procurement Officer shall make available to any interested party information submitted that bears on the substance of the protest except when information is confidential, or otherwise is permitted or required to be withheld by law.

8.2.5 Notification to the Office of the Attorney General
The Procurement Officer shall submit a copy of the protest to the Office of the Attorney General upon receipt of the protest and shall, as appropriate, consult with legal counsel.

8.2.6 Negotiations with Interested Parties
The Procurement Officer may conduct discussions and, if appropriate, negotiations with the protester or any other interested party and may resolve the protest by agreement with any one or more interested parties. The agreement shall be in writing and approved by the appropriate parties.

8.2.7 Decision by the Procurement Officer

8.2.7.1 A decision on a protest shall be made by the Procurement Officer in writing as expeditiously as possible after receiving all relevant, requested information.
8.2.7.2 The decision of the Procurement Officer shall be reviewed and approved by the Vice President of Business and Finance, in consultation as appropriate, with legal counsel and other College authorities.
8.2.7.3 The decision of the Procurement Officer shall include:

8.2.7.3.1 a description of the controversy and
8.2.7.3.2 a statement of the decision, with supporting material.
8.2.7.3.3 If the protest is not sustained, a paragraph substantially as follows shall be included in the decision. "This decision is the Procurement Officer's final action. This decision may be appealed in writing to the Maryland State Board of Contract Appeals in accordance with these Procurement Policies and Procedures. If you decide to take such an appeal, you must file written notice of appeal with the Maryland State Board of Contract Appeals, with a copy to the Vice President of Business and Finance, within 10 days from the date you receive this decision." This paragraph shall also include the current address for the Maryland State Board of Contract Appeals and the current name and address of the Vice President of Business and Finance.

8.2.7.4 The Procurement Officer shall furnish a copy of the decision to the protester and all other interested parties, by certified mail, return receipt requested, or by any other method that provides evidence of receipt, including facsimile transmission.

8.2.8 Appeals

8.2.8.1 Protestors are required to seek resolution of their complaints with the Procurement Officer, as provided above.
8.2.8.2 A subsequent appeal by a protestor of a decision by the Procurement Officer shall be in writing and filed with the Maryland State Board of Contract Appeals, with a copy to the Vice President for Business and Finance, within 10 days of receipt of the Procurement Officer's decision. All costs associated with filing and prosecuting an appeal shall be borne by the Protestor. The notice of appeal shall i) include the name and address of the protestor; ii) identify the solicitation and, if awarded, the contract; iii) contain a statement of the grounds for appeal; and iv) specify the ruling requested by the Hearing Board. The protestor shall attach to the notice of appeal a copy of the decision by the Procurement Officer and any supporting exhibits relied upon.
8.2.8.3 The Hearing Board shall notify, as appropriate, the protestor, the contractor, the College, and other interested parties of receipt of the notice of appeal and provide further direction, as necessary, for the appeal.
8.2.8.4 Appeals of protests shall be handled as follows:

8.2.8.4.1 The Hearing Board shall handle the appeal in accordance with these Procurement Policies and Procedures and COMAR 21.10.05 (MSBCA - General) and 21.10.07 (Procedures for Appealing Protests).
8.2.8.4.2 All references to the "Appeals Board" in COMAR 21.10.05 and 21.10.07. shall be read and interpreted, as appropriate, to refer to the Hearing Board as identified in these Policies and Procedures.

8.2.8.5 The Hearing Board shall issue the final administrative agency decision, which is subject to judicial review.

8.2.9 Awards of Contracts Pending Protests and Appeals

8.2.9.1 If a timely protest has been filed, the contract may be awarded if:

8.2.9.1.1 a finding is made that execution of the contract without delay is necessary to protect substantial State of Maryland or College interests or
8.2.9.1.2 the Hearing Board makes a final decision concerning the appeal.

8.2.9.2 Unless the Board of Public Works has final authority to approve the award, the finding may be made by the Vice President for Business and Finance. If the Board of Public Works has final approval authority, the Board of Public Works will make the finding.

8.3 Claims

Except as provided herein, contract claims shall generally be filed and processed pursuant to COMAR 21.10.04. References to the "Appeals Board" shall be read and interpreted, as appropriate, to refer to the Hearing Board as identified by these Procurement Policies and Procedures.

8.3.1 Prior to filing a contract claim, the contractor shall contact the Procurement Officer and attempt, in good faith, to resolve by mutual agreement any disputes or disagreements that arise in connection with the contract.

8.3.2 A contractor may assert a contract claim against the College and the College may assert a contract claim against a contractor.

8.3.3 The Procurement Officer shall submit a copy of a contract claim to the Office of Attorney General upon receipt of the claim and shall, as appropriate, consult with legal counsel.

8.3.4 The written decision of the Procurement Officer regarding a contract claim shall be reviewed and approved by the Vice President of Business and Finance, in consultation as appropriate, with legal counsel and other College authorities.

8.3.5 Upon determination of a contract claim by the Procurement Officer, a paragraph substantially as follows shall be included in the decision by the Procurement Officer: "This decision is the Procurement Officer's final action. This decision may be appealed in writing to the Maryland State Board of Contract Appeals in accordance with these Procurement Policies and Procedures. If you decide to take such an appeal, you must file written notice of appeal with the Maryland State Board of Contract Appeals, with a copy to the Vice President of Business and Finance, within 30 days from the date you receive this decision." This paragraph shall also include the current address of the Maryland State Board of Contract Appeals and the current name and address of the Vice President of Business and Finance.

8.3.6 The Procurement Officer shall furnish a copy of the decision to the claimant and all other interested parties, by certified mail, return receipt requested, or by any other method that provides evidence of receipt, including facsimile transmission.

8.3.7 Appeals of a decision by the Procurement Officer on a contract claim shall be handled as follows:

8.3.7.1 Notice of an appeal shall be filed with the Maryland State Board of Contract Appeals with a copy to the Vice President of Business and Finance . The Hearing Board shall notify, as appropriate, the contractor, the agency, and other interested parties of receipt of the notice of appeal and provide further direction, as necessary, for the appeal.
8.3.7.2 All costs associated with filing and prosecuting an appeal by a Contractor shall be borne by the Contractor.
8.3.7.3 The Hearing Board shall handle the appeal in accordance with these Procurement Policies and Procedures and Title 15, Subtitle 2 of the State Finance and Procurement Article, Annotated Code of Maryland and COMAR 21.10.05 (MSBCA - General) and COMAR 21.10.06 (Procedures for Appealing Contract Disputes).
8.3.7.4 All references to the "Appeals Board" in Title 15, Subtitle 2, of the State Finance and Procurement Article and applicable Maryland regulations shall be read and interpreted, as appropriate, to refer to the Hearing Board as identified by these Procurement Policies and Procedures.

8.3.7.5 The Hearing Board shall issue the final administrative agency decision, which is subject to judicial review.

SECTION 9 - DEFINITIONS

ACQUISITION - The obtaining of goods and services through best methods and business practices.

A/E - Architectural and Engineering

ALTERNATE BID - A dollar amount to be added to or subtracted from the bid for a variation in the item being bid upon. Alternate bids may be either add or deduct alternate bids.

ARCHITECTURAL SERVICES

1. Architectural services are professional or creative work that is performed in connection with the design and supervision of construction or landscaping, and that requires architectural education, training, and experience.
2. Architectural services include consultation, research, investigation, evaluation, planning, programming, architectural design and preparation of related documents, and coordination of services furnished by structural, civil, mechanical, and electrical engineers and other consultants.
3. Architectural services do not include construction inspection services or services provided in connection with an energy performance contract.

AWARD - The transmission by the procurement agency, after all required approvals have been obtained, of the executed contract or written notice of award to the selected vendor.

BEST AND FINAL OFFERS - A procedure conducted that permits qualified offerors to revise their initial proposals when determined by the Procurement Officer to be in the best interest of the College.

BID - A statement of price, terms of sale, and description of the supplies, services, construction, or construction-related services offered by a bidder in response to an invitation for bids under procurement by competitive sealed bidding or comparable simplified procurement procedures.

BID BOARD - A bulletin board, including an electronic bulletin board, in a public place displaying solicitations or announcements of the availability of solicitations.

BID SECURITY - In addition to bid bond, acceptable security includes:

1. a bond in a form satisfactory to the College underwritten by a surety company authorized to do business in the State.
2. a bank certified check, bank cashier's check, bank treasurer's check, cash, or trust account;
3. a pledge of securities backed by the full faith and credit of the United States government or bonds issued by the State;
4. an irrevocable letter of credit in a form satisfactory to the Procurement Officer and issued by a financial institution approved by the State Treasurer.

BIDDER - One who submits an offer or bid in response to a solicitation.

BLANKET PURCHASE AGREEMENT (BPA) - An arrangement under which a purchaser contracts with a vendor to provide the purchaser's requirements for an item(s) or a service, on an as-required and over-the-counter basis. Properly prepared, such an arrangement sets a limit on the period of time it is valid and the maximum amount of money which may be spent at one time or within a specified period and specifically identifies these persons authorized to accept goods.

BROKER - A person that conducts business (other than real estate, investment, or insurance sales) on a pass-through basis and with respect to:

1. Supplies:
(a) Does not own, operate, or maintain a place of business in which supplies of the general character required under the contract are kept in stock in the regular course of business,
(b) Does not regularly assume physical custody or possession of supplies of comparable character to those offered to the State, or
(c) Exclusively acts as a middleman in the provision of supplies offered to the State; or

2. Services: does not regularly maintain the capability, capacity, training, experience, and applicable regulatory licensing to directly perform the principal tasks of a contract with the State, and acquires the services elsewhere, for the benefit of the State.

BUSINESS - Any profit or not for profit corporation, partnership, individual, sole proprietorship, joint venture, or any other legal entity through which commercial activity is conducted.

CAPITAL IMPROVEMENT - Construction or an architectural service as defined herein.

CHANGE ORDER - A written order signed by the responsible Procurement Officer, directing a contractor to make changes which the changes clause of a contract authorizes the Procurement Officer to order with or without the consent of the contractor.

COLLABORATIVE AGREEMENT - Is a business agreement between the College and another party or parties, the primary purpose of which is other than the acquisition on the part of the College of goods and/or services.

COLLEGE - St. Mary's College of Maryland, an agency of the State of Maryland, as authorized by Md. Educ. Code Ann., Title 14, subtitle 4.

COMMODITY - An item of purchase which may include office goods and materials, food, printing, building materials, and other items needed to support normal operations.

COMPETITIVE BIDDING - Bids or offers by individuals or vendors competing for a contract, privilege, or right to supply specified services or goods.

COMPETITIVE SEALED BID - A bid submitted in a sealed envelope to prevent disclosure of its contents before the deadline set for the receipt of all bids.

COMPETITIVE SEALED PROPOSALS - The procurement method to be used in those situations when competitive sealed bidding cannot be used because of the inability to prepare specifications that would permit an award based solely on price; or when it is impracticable or disadvantageous to the College.

COMPTROLLER - The Comptroller of the Treasury of the State.

CONSTRUCTION

1. Construction means the process of building, altering, improving, replacing, demolishing any structure, building, building system, infrastructure, or other improvement to real property.
2. Construction does not include the maintenance or routine operation of an existing improvement to real property, or activities related to an energy performance contract.

CONSTRUCTION MANAGEMENT - A contract in which a party is retained by the owner to coordinate and administer contracts for construction services for the benefit of the owner, and may also include, if provided in the contract, the furnishing of construction services to the owner.

CONTRACT - An agreement entered into by a procurement agency for the for the acquisition of supplies, services, construction, architectural services, or engineering services.

CONTRACT ADMINISTRATION - The management of all facets of a contract to assure the vendor's total performance is in accordance with the contractual commitments and that the obligations of the vendor under the terms and conditions of the contract are fulfilled.

CONTRACTOR - Any person or business having a contract with the College.

CONTRACT MODIFICATION - Any written alteration in the specifications, delivery point, date of delivery, contract period, price, quantity, or other provision of any existing contract, whether accomplished in accordance with a contract provision, or by mutual action of the parties to the contract. It includes change orders, extra work orders, supplemental agreements, contract amendments, or reinstatements.

COST ANALYSIS - An evaluation of the various cost elements (ie. overhead, labor, materials, profit, transportation, etc) which make-up the total price.

CURE NOTICE - A notice either oral or in writing that informs the vendor that he or she is in default and states what the vendor has to do to correct the deficiency. If the notice is oral it shall be confirmed in writing.

DAY - A calendar day unless otherwise designated.

DEBARMENT - An action taken by the State to exclude individuals or vendors from contracting with a public body for particular goods or services for specified periods of time.

DEFAULT - Failure of a contractor to comply with the terms and conditions of a contract.

DESIGN-BUILD CONTRACT - A contract between an institution and another party in which the party contracting with the College agrees to both design and build the structure, roadway or other item specified in the contract. The term includes both sequential design and construction and phased design and construction methodologies.

DETERMINATION - A written procurement decision made by a public official or employee which is based upon written findings.

EMERGENCY - A sudden and unexpected occurrence or condition which agency management reasonably could not foresee that requires an action to avoid or to mitigate serious damage to public health, safety, or welfare.

ENERGY PERFORMANCE CONTRACT - An agreement for the provision of energy service, including electricity, heating, ventilation, cooling, steam, or hot water, in which a person agrees to design, install, finance through direct vendor financing and not by way of a municipal lease, maintain, or manage energy systems or equipment to improve the energy efficiency of a building or facility in exchange for a portion of the energy savings.

ENGINEERING SERVICES

1. Engineering services are professional or creative work that is performed in connection with utilities, structures, buildings, machines, equipment, and processes, and that requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences.
2. Engineering services include consultation, investigation, evaluation, planning, design, and inspection of construction for the purpose of interpreting and assuring compliance with specifications and design within the scope of inspection services.
3. Engineering services do not include:
(a) the inspection of construction not requiring engineering training;
(b) services provided in connection with an energy performance contract.

EQUIVALENT ITEM - An item of equipment, material, or supply for which the quality, design, and/or performance characteristics are fully equal or superior to an item specified in a solicitation. Procurement Officer is the final judge as to equality.

EVALUATED BID PRICE - The dollar amount of a bid after bid price adjustments are made under objectively measurable criteria.

EVALUATION OF BIDS - The process of examining a bid after opening to determine the bidder's responsiveness to requirements, responsibility, and other characteristics of the bid relating to selection for award.

EXTENSION - As applied to contracts for the performance of architect/engineer services, means a change in the scope of the services to be performed by the architect/engineer by including in the contract a requirement for the performance of phases of services not previously included.

FIXED PRICE CONTRACT - A contract which provides for a vendor price under which a vendor bears the full risk for profit or loss.

FUND AVAILABILITY - Monies that are currently credited to the College and are contained within the proper object of expenditure.

HEARING BOARD - the Maryland State Board of Contract Appeals as identified by these Procurement Policies and Procedures to hear and decide appeals of protests and contract claims.

INSPECTION - Examination and testing of goods and services to determine whether the goods and services furnished conform to contract requirements.

INVITATION FOR BIDS - Any documents, whether attached or incorporated by reference, used for soliciting bids under procurement by competitive sealed bidding and simplified procurement procedures.

INVOICE - A contractor's written request for payment for supplies, commodities, services, maintenance, construction, construction-related services, architectural services, or engineering services performed or provided.

LATE BID OR PROPOSAL - A bid or proposal which is received at the place designated in the invitation for bids or request for proposals after the deadline established by the solicitation.

LATENT DEFECT - A deficiency or imperfection that impairs worth or utility that cannot be readily detected from visual examination of a product. Examples would be the use of non-specified materials in manufacture, or missing internal parts such as a gasket, gear, or electrical circuit, etc.

LEASE - A contract under which the College uses personal property to which it does not have title. Lease does not include lease-purchase or similar financing transactions. These Procurement Policies and Procedures do not apply to leases if real property.

LIQUIDATED DAMAGES - A monetary amount provided for in a solicitation or a contract to be paid by the contractor as damages for failure to perform in accordance with the contract. The damage figure stipulated must be a reasonable estimate of the probable loss to the agency and not calculated simply to impose a penalty on the vendor.

MAINTENANCE - Any work necessary for the continued operation or upkeep of a facility, structure, building, grounds, or building system, including built-in equipment or an in-ground system, that is not included within the definition of construction.

MINOR IRREGULARITY - A minor defect or variation of a bid or proposal from the exact requirements of the invitation for bids, or the request for proposals, which does not materially affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured.

MINORITY BUSINESS ENTERPRISE - Any legal entity, other than a joint venture, organized to engage in commercial transactions which is at least 51 percent owned and controlled by one or more minority persons, or a nonprofit entity organized to promote the interests of the physically or mentally disabled.

MINORITY PERSON - A member of a socially or economically disadvantaged minority group, which for purposes of this title includes African Americans (not of Hispanic origin), Hispanics, American Indians, Asians, women, and the physically or mentally disabled.

MOST ADVANTAGEOUS - A proposal or offer received from a vendor that is determined to be most beneficial to the College considering price and evaluation criteria set forth in the solicitation.

MOST FAVORABLE - A bid received from a vendor that is the lowest bid price or lowest evaluated bid price or the bid or evaluated bid that yields the greatest revenue under a revenue-producing procurement contract.

MULTIPLE AWARD - The award of contracts to more than one vendor when the terms and conditions of solicitation so provide.

MULTI-STEP SEALED BID - A multiple phase process in which bidders submit without price technical offers or samples, or both, to be evaluated by the College and an independent phase in which those bidders whose technical offers or samples, or both have been found to be acceptable have their price bids considered.

MULTI-YEAR CONTRACT - A contract that requires appropriations for more than 1 fiscal year.

NEGOTIATION - A bargaining process between two or more parties to reach a mutually satisfactory agreement, contract or settlement.

NON-COMPETITIVE NEGOTIATION - The process of arriving at an agreement through discussion and compromise with only one source.

NOTICE OF AWARD - A notification that a contract has been awarded.

NOTICE OF INTENT TO AWARD - A written notice, or bid tabulation sheet publicly displayed, prior to award, that shows the selection of a vendor for the award of a specific contract or purchase order. This decision may be changed prior to the actual award of a contract or purchase order.

OBJECTIVELY MEASURABLE CRITERIA - Standards, absent matters of opinion or subjective judgment, to compare the economy, effectiveness, or value of the subject of the solicitation and includes reliability, operational costs, maintainability, useful life, and residual value.

OPTION - The unilateral right of the College under a contract to extend the contract for an additional period of time, or to purchase delineated additional goods or labor, or to purchase materials or facilities that have been leased.

ORAL BIDS - Bids which are proposed by a means other than by writing.

PAYMENT BOND - A bond required of a vendor to assure fulfillment of the contractor's obligation to pay all persons supplying labor or materials in the performance of the work provided for in the contract. Acceptable forms are those as found under Appendix E, BID SECURITY.

PERFORMANCE BOND - A contract of guarantee executed in a predetermined amount subsequent to award to a contractor to protect the College from loss due to contractor's inability to complete the contract in accordance with its terms and conditions.

Acceptable forms include all those found under Appendix E, "Bid Security" and the grant of a mortgage or deed of trust on real property located within the State of Maryland when:

1. satisfactory to the Procurement Officer;
2. The face amount of the instrument does not exceed 75% of the contractor's equity interest in the property and;
3. the assignment of the mortgage or deed or trust is recorded in the county land records pursuant to Real Property Article, Sec 3-103, Annotated Code of Maryland.

PERFORMANCE SPECIFICATION - Sets forth performance requirements that have been determined essential for the item or service being procured.

PERSON - Any individual, or a corporation, partnership, sole proprietorship, joint stock company, joint venture, unincorporated association, union, committee, club, or other organization or legal entity.

PERSONAL SERVICE CONTRACT - A consulting or other service contract between the College and 1) an individual or 2) a business entity or partnership where the individual performing the work under the contract is the sole or a majority owner.

PREBID OR PREPROPOSAL CONFERENCE - A meeting held with prospective bidders or offerors prior to submission of bids or proposals, to review, discuss, and clarify technical requirements, specifications, and standards relative to the proposed procurement.

PRE-QUALIFICATION - A procedure to pre-qualify products or vendors and limit consideration of bids or proposals to only those products or vendors which have been pre-qualified.

1. Qualified Products List (QPL): A list of products that have been tested and approved based on written pre-qualification procedures.
2. Qualified Contractors List (QCL): A list of contractors whose capability to provide a service has been evaluated and approved based on written pre-qualification procedures.

PRICE ANALYSIS - An examination of a vendor's price by comparison to other prices for like goods or services or comparison to other price benchmarks.

PROCUREMENT - All functions that pertain to the process of buying, leasing as lessee, purchasing, or otherwise obtaining any supplies, services, construction, architectural services, engineering services, or services provided under an energy performance contract, including description of requirements, selection, and solicitation of sources, preparation and award of contract, and all phases of contract administration.

PROCUREMENT AGENCY - Any principal department or independent unit of the Executive Branch of the State, not otherwise exempted from application of this title, that is authorized by law or regulations to procure.

PROCUREMENT CONTRACT - An agreement in any form entered into by a unit for procurement.

PROCUREMENT OFFICER - Any person authorized by a procurement agency in accordance with law or regulations to formulate, enter into, or administer contracts or make written determinations and findings with respect to them. The term also includes an authorized representative acting within the limits of authority.

PROPOSAL - The response to a request for proposals issued by a procurement agency to obtain goods or services.

PROPOSER - A person who submits a response to a request for proposals.

PROTEST - A complaint relating to the solicitation or award of a procurement contract.

PUBLIC BID OPENING - The process of publicly opening and reading bids.

PURCHASE - The act of buying or that which has been bought.

PURCHASE ORDER - A document issued by the College authorizing a procurement from a vendor. If issued in acceptance of a bid or proposal, the document is an "acceptance" and forms a contract upon issuance. If issued not in acceptance of a bid or proposal, a contract is formed upon acceptance by the vendor. Acceptance is evidenced by any reasonable manner in light of the circumstances including prompt shipment or prompt promise to ship or a definite expression or written confirmation sent by the vendor within a reasonable time.

QUOTATION - A bid.

REQUEST FOR BIDS - Invitation for bids.

REQUEST FOR PROPOSALS - Any document, whether attached or incorporated by reference, used for soliciting proposals from offerors under any method allowed under this title excluding competitive sealed bidding and comparable small procurement methods.

REQUEST FOR QUOTATION - Invitation for bids.

REQUIREMENTS CONTRACT - A form of contract covering long-term requirements used when the total quantity required cannot be definitely fixed, but can be stated as an estimate or within maximum and minimum limits, with deliveries on demand. Such contracts are usually for one year or more in duration.

RESEARCH GRANT - Funding from an external entity, either governmental or non-governmental, for a specific scope of work to be conducted in accordance within an approved budget and defined period of performance. Funding is made partially (if not entirely) on the qualifications of key personnel, including prospective sub-awardees. The award document is legally binding. A grant as defined here is not a contract for purposes of this document.

RESPONSIBLE - A person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability that shall assure good faith performance.

RESPONSIVE - A bid submitted in response to an invitation for bids that conforms in all material respects to the requirements contained in the invitation for bids.

SERVICE CONTRACT - The rendering of time, effort, or work, rather than the furnishing of a specific physical product other than reports incidental to the required performance.

SERVICES - The rendering of time, effort, or work, rather than the furnishing of a specific physical product other than reports incidental to the required performance. It includes, but is not limited to, the professional, personal, and/or contractual services provided by architects, engineers, attorneys, accountants, physicians, consultants, appraisers, land surveyors, and where the service is associated with the provision of expertise or labor, or both.

SMCM - St. Mary's College of Maryland.

SOLE SOURCE - When a competitive source selection method cannot be used because a product or service is practicably available only from one source.

SOLICITATION - Invitation for bids, request for proposals, or any other method or instrument used to communicate to potential bidders or offerors a procurement agency's procurement needs.

SUPPLIES - All tangible personal property, including equipment, leases of equipment, insurance, including necessarily associated services, and printing.

SUBSTITUTION- An item of equipment, material, or supply for which the quality, design, and/or performance characteristics are less than fully equal to an item specified in a solicitation. Procurement Officer is the final judge as to equality.

TECHNICAL PROPOSAL - A proposal, not including price, which sets forth in detail that which a vendor proposes to furnish in response to a request for proposals.

TERMINATION FOR CONVENIENCE - The termination by a Procurement Officer, at his/her discretion, of the performance of work in whole or in part and makes settlement of the vendor's claims in accordance with appropriate policy and procedures.

TERMINATION FOR DEFAULT - Action taken by the Procurement Officer to order a vendor to cease work under the contract, in whole or in part, because of the vendor's failure to perform in accordance with the contract's terms and conditions.

TERMS AND CONDITIONS - Standard clauses and requirements incorporated into all solicitations and resulting contracts which are derived from laws or administrative procedures.

TIME AND MATERIAL CONTRACT - A contract providing for the procurement of materials at an agreed price or services on the basis of direct labor hours at specified fixed hourly rates (which include direct and indirect labor, overhead, and profit).

TREASURER - The Treasurer of the State of Maryland.

UNSEALED BID - An unsealed written offer conveyed by letter, telegraph or other means.

VENDOR - A person or business who desires to enter into a contract with the State.

VICE PRESIDENT OF BUSINESS AND FINANCE - The Vice President of Business and Finance or his/her designee.

VOUCHER - A claim for reimbursement of funds resulting from an expenditure related to official State business.

Appendix A

St. Mary's College of Maryland
Procurement Policy
Procurement Requirement Tables

Click below on the title of the table to view the table.

# Table 1: Commodities
# Table 2: Items for Resale
# Table 3: General Contracts
# Table 4: Architecture/Engineering
# Table 5: Construction Services
# Table 6: Library Collections