MSBCA Issues Two New Opinions in May – Part 2

The second decision issued by the MSBCA is a bit simpler. In this case, Towson University issued invitations for bid to perform certain demolition and installation services at the University.  The IFB required any prospective bidder to supply with its bid an (a) MBE Utilization and Fair Solicitation Affidavit and (b) MBE Participation Schedule.  This comports with COMAR regulations, which require the same documentation (COMAR 21.11.03.09C).

The bidder failed to include the required participation schedule and, consequently, its bid was rejected notwithstanding that it was the lowest bid.  The bidder protested and argued that a requirement in the IFB to provide similar MBE information within ten days of notice of potential award excused its non-compliance.

The MSBCA disagreed and noted that inclusion with the bid of the MBE participation schedule is mandatory under the IFB, COMAR and a prior decision of the MSBCA. Accordingly, the decision by the procurement officer to reject the bid was proper.