BPW Advisory 2006-1 Action Agendas Procurement Items, Required Information, Format, and Backup Documentation

​​REVISED: March 2019

Purpose: The Board of Public Works reviews and approves the award of procurement contracts (that are not delegated) before agencies may enter into the contracts. Each procurement contract requiring the Board’s approval is submitted to the Board on the appropriate Action Agenda. This Advisory outlines certain information that procurement agencies must submit to the Board to facilitate its review of contract award recommendations. This is not an exclusive list; additional information may be appropriate or required but Items must include the following at a minimum.
 
Authority:  COMAR 21.02.01.05 
 
Procedure:
 
1.  Action Agenda Items must have the following fields:
1.1. Item Identifier (acronym to be used with Item number):
  • Architectural/Engineering Services (AE)
  • Construction (C)
  • Services (S)
  • Information Technology (IT)
  • Maintenance (M)
  • Equipment (E)
  • Energy Performance (EP)
  • Landlord Lease - State is landlord (LL)
  • Tenant Lease - State is tenant (LT)
  • License (L)
Recommendations to modify existing contracts are indicated by adding “Mod” after the Item Identifier, e.g., 5-C-Mod

Recommendations to add Bid Packages to existing construction management contracts are indicated by adding “BP” after the Item Identifier, e.g., 5-C-BP. 

Recommendations to exercise options contained in existing contracts are indicated by adding “Option” or “Opt” after the Item Identifier, e.g., 5-C-Option. 
1.2. Procurement Method
  • Competitive Sealed Bid (indicate if single bid)
  • Multi-step Sealed Bid (indicate if single bid)
  • Competitive Sealed Proposal (indicate if single offer)
  • Sole Source
  • Master Contract
  • Task Order under Master Contract (indicate master contract approval date)
  • Qualification Based Selection
  • Intergovernmental Cooperative Purchasing
  • Preference Provider
  • Negotiated Award After Unsatisfactory Competitive Sealed Bidding
  • Noncompetitive Negotiated Procurement
  • Emergency (Note: Items reporting emergency procurements must explain how/why the agency selected the contractor) 
  • Expedited (MDOT Port and Aviation Administrations only) 
1.3. Bids/Offers
If competitive sealed bid method, list each price bid. If competitive sealed proposal method, display a summary showing technical scores or technical ranks, financial offers, and total score or final rank. If task order, display similar tabulation.  
1.4. Amount
List the amount of the contract base term and any option terms separately and in the aggregate.

NOTE: For any solicitation that does not result in at least two bids or two offers, include in the Remarks the basis for determining that the contract amount is fair and reasonable. See BPW Advisory 2016-1.

1.5. Term
  • Indicate Start Date and End Date of base term and any option renewal terms. 
  • Two Meeting Guideline:  Items should be submitted with atleast TWO possible meeting dates before contract start date. 
  • Upon BPW approval, the actual Start Date may be accelerated if the Item states: “Start Date: [DATE] or earlier upon Board approval.”  ​

1.6. Minority Business Enterprise (MBE)/Veteran Small Business Enterprise (VSBE): Participation, Compliance, and Waivers 
1.6.1    
MBE/VSBE Participation
  • New contracts: Indicate the % MBE/VSBE participation to which the contractor has agreed.  
  • Renewal options: Indicate the % MBE/VSBE participation to which the contractor agreed for the base term and for the option term. 
  • Modifications: Indicate the % MBE/VSBE participation to which the contractor has agreed for the term to which the modification applies.   
MBE/VSBE Compliance
  • New contracts: Not applicable.  
  • Renewal options: Indicate the % MBE/VSBE participation achieved during the base contract term and any previous option terms. 
  • Modifications: Indicate the % MBE/VSBE participation achieved from Start Date to date.  
1.6.2
MBE/VSBE Waiver
If the agency granted the contractor a waiver of the MBE/VSBE goal that was set in the solicitation, insert a field indicating the percentage of the waiver. Explain in the Remarks section why the waiver was granted.

The omission of a Waiver field means that the contractor has agreed to meet or exceed the MBE/VSBE goal set forth in the solicitation.
1.7. Performance Security
If the contract requires a performance bond (or other security) requirement, indicate the amount of any required security. 
1.8. Hiring Agreements
If the contract has been designated an eligible contract for hiring agreements pursuant to Secretary’s Agenda Item 18 (1/13/1999)​​ and § 13-224, State Finance and Procurement Article, insert a Field indicating such.​
1.9. Coast Smart Certification
For capital construction projects to which it applies, indicate whether project conforms to Coast Smart Siting & Design Criteria established by the Maryland Coast Smart Council or has received a waiver. See § 3-1009, Natural Resources Article.
1.10. Fund Source
Indicate the source of funds for any expenditure. If MCCBL funding, indicate year. Include appropriation code.​
1.11. Remarks
At a minimum, in this field: 
  • Detail outreach efforts to encourage MBEs, VSBEs, other small businesses, and resident businesses to respond to the solicitation.
  • If known, explain why solicited vendors did not submit bids or proposals. (The attached form may help the procurement agency discover that information.)
  • If competitive sealed proposal method used, describe the strengths of the winning offeror’s proposal.
  • If the Item recommends an award not based on at least two bids or offers, set forth the basis for determining that the contract price is fair and reasonable. See BPW Advisory 2016-1.
  • If the Item recommends exercising a renewal option, explain why that is recommended over engaging in a new procurement. Factors entering into the agency’s recommendation may include pricing, market conditions, compliance (including MBE compliance), performance.
  • If the Item recommends extending a contract, explain why the extension is necessary.
  • If the Item recommends ratification of a prior action, explain why the Board should deem the contract voidable (not void). See COMAR 21.03.01.03
  • If a protest was filed, state the date of the protest and whether it was resolved. If the protest or appeal is unresolved, detail why the execution of the contract without delay is necessary to protect substantial State interests. See COMAR 21.10.02.11.​
 
2. Back-Up documentation supporting Action Agenda Items must include:
2.1. Sole Source Procurements
    A copy of the written sole source determination with signatures from the procurement officer and the agency head or designee. See COMAR 21.05.05.02B.
2.2. Emergency Procurements
    A copy of the Procurement Officer's Determination with signatures from the procurement officer and the agency head or designee. See COMAR 21.05.06.02D.
2.3. Extensions 
    When an agency submits a recommendation to the Board of Public Works to extend a contract beyond the contract’s expiration date, the modification Item must be accompanied by a letter signed by the Department Secretary or agency head that details why the extension is needed and what the consequences will be if the extension is not approved and the current contract expires.
2.4. Requests to Ratify (“retroactive” approval)
    When an agency submits a recommendation to the Board of Public Works to ratify a contract action after the action has been taken, the Item must be accompanied by a letter signed by the Department Secretary or agency head that details why the advance approval was not sought and what remedial steps are being taken to address the failure.
2.5. One Bid/Proposal Received
    A copy of the written determination that acceptance of the one bid or the one proposal received is appropriate.  See COMAR 21.05.02.20​.
2.6. Procurements Under Protest or Appeal (or where appeal deadline has not passed)
    For those procurements for which an agency seeks approval in the face of a protest or MSBCA appeal (or where the appeal deadline has not passed), a copy of any protest and the agency’s response.
2.7. MBE/VSBE Supplement
  1. Subcontractor Project Participation Statement from each MBE/VSBE subcontractor.
  2. Copy of MBE/VSBE waiver determination where applicable.
  3. If Item seeks approval to modify or renew an existing contract, information concerning contractor’s compliance with MBE/VSBE goals. For example, the agency may list: (a) the amount of payments made to MBE/VSBE subcontractors stated as a percentage of the total payments made to date; and (b) the percentage of progress toward contract completion. 
Agenda preparers must submit all MBE/VSBE separately to the Governor’s Office of Small, Minority and Women Business Affairs.