Explanation: Capitals indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* Warning: This is an unofficial, introductory copy of the bill.
The official copy considered by the City Council is the first reader copy.
Introductory*
City of Baltimore
Council Bill
Introduced by: President Mosby
A Bill Entitled
An Ordinance concerning
title
Curing Mistakes in Bids
For the purpose of permitting the City Purchasing Agent to waive minor irregularities in bids; permitting a bidder to cure mistakes in a bid under certain conditions; permitting a bidder to withdraw a bid under certain conditions; defining certain terms; requiring the City Purchasing Agent to prepare a determination showing the relief that was granted or denied regarding a bid’s correction or withdrawal; and clarifying the duties of the City Purchasing Agent notwithstanding this subtitle.
body
By renumbering current
Article 5 - Finance, Property, and Procurement
Section 47-1 to be Section 47-6
Baltimore City Code
(Edition 2000)
By adding
Article 5 - Finance, Property, and Procurement
Sections 47-1, 47-3, and 47-4, under the amended subtitle designation,
“Subtitle 47. Miscellaneous Contract Administration Provision”
Baltimore City Code
(Edition 2000)
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 5. Finance, Property, and Procurement
Subtitle 47. Miscellaneous Contract Administration Provisions
§ 47-1. “Purchasing Agent” defined.
In this subtitle, “Purchasing Agent” (“Agent”) refers to the City Purchasing Agent or the City Purchasing Agent’s designee.
§ 47-2. {Reserved}
§ 47-3. Minor irregularities.
(a) “Minor irregularity” defined.
“Minor irregularity” means an irregularity that is merely a matter of form and not of substance or pertains to an immaterial or inconsequential defect or variation in a bid or proposal from the exact requirement of the solicitation, and the correction or waiver of the irregularity would not be prejudicial to other bidders.
(b) In general.
If a bid contains a minor irregularity, the Agent may choose to:
(1) waive the minor irregularity if the Agent determines the it is advantageous for the City to do so; or
(2) allow the contractor to cure any deficiency resulting from the minor irregularity.
§ 47-4. Mistakes in Bids.
(a) Mistakes discovered before opening.
(1) A bidder may correct mistakes discovered before the time and date set for bid opening by withdrawing or correcting the bid if the Agent receives written notice, or, in the case of bids that allow it, notice by electronic means, of the bidder’s desire to withdraw or correct the bid before the time and date set for bid opening.
(2) If the bid is withdrawn in accordance with this subtitle, the Agent shall return any bid security to the bidder.
(3) The Agent shall include all documents related to the modification or withdrawal of bids in the appropriate procurement file.
(b) Mistakes discovered during open bidding period.
(1) The Agent may request the bidder confirm the bid during the open bidding period if:
(i) the Agent knows that the bidder has made a mistake;
(ii) the bid includes obvious errors on its face; or
(iii) the bid is unreasonably lower than other submitted bids.
(2) If the bidder alleges mistake, and upon written approval from the City Solicitor or the City Solicitor’s designee, the bidder may correct the intended bid or withdraw a low bid if the bidder submits proof which clearly demonstrates that a mistake was made.
(3) Upon notification of a bidder’s mistake, the City Solicitor or the City Solicitor’s designee must reply with written approval or dissent within 1 business day.
(c) Mistakes discovered after bid.
Unless correction of the mistake results in a change in price, mistakes may be corrected after award of the contract if:
(1) the Agent determines that it would be unconscionable not to allow the mistake to be corrected;
(2) the Agent submits the needed corrections in writing to the City Solicitor; and
(3) the City Solicitor, in writing, approves the corrections.
(d) Determinations required.
When a bid is corrected or withdrawn, or the Agent refuses to allow a correction or withdrawal, the Agent shall prepare a determination showing that the relief was granted or denied in accordance with this section.
(e) Authority of Agent not abrogated.
Nothing in this section abrogates the authority of the Agent to:
(1) reject any and all bids;
(2) make partial awards;
(3) waive any irregularities in any bid;
(4) increase or decrease quantities if quantities are listed in the bid;
(5) reject any bid that shows any omissions, alterations of form and additions, conditions, or alternate proposals not called for; and
(6) make any award that the Agent deems to be in the best interest of the City.
§ 47-5. {Reserved}
§ 47-6. [47-1.] No dumping clause.
. . .
Section 2. And be it further ordained, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
Section 3. And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.