Look past written minimum requirements in RFPs

It is black-letter Maryland law that procurement evaluations must be based only on those factors set forth in requests for proposals and that factors “not specified in the request for proposals may not be considered.” The recent decision of the Maryland State Board of Contract Appeals in Peek, LLC, MSBCA 3248 (Feb. 15, 2024), however, offers a cautionary tale to those submitting proposals to Maryland agencies that they should look past written minimum qualification requirements and look to other parts of requests for proposals when setting forth the offerors’ experience.