001_IFB Barges Repair_Revised_11-18-22.pdf

Barge Modifications, Recommended Repairs and Required Maintenance Solicitation #: K00R2600137

IFB Document

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STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES (DNR)

INVITATION FOR BIDS (IFB)

BARGE MODIFICATIONS, RECOMMENDED REPAIRS

AND REQUIRED MAINTENANCE

IFB NUMBER K00R2600137

ISSUE DATE:

NOVEMBER 21, 2022

NOTICE TO BIDDERS

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

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NO BID NOTICE/VENDOR FEEDBACK FORM

Title: Barge Modifications, Repairs and Required Maintenance Solicitation No: K00R2600137

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

� Other commitments preclude our participation at this time

� The subject of the solicitation is not something we ordinarily provide

� We are inexperienced in the work/commodities required

� Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

� The scope of work is beyond our present capacity

� Doing business with the State is simply too complicated. (Explain in REMARKS section)

� We cannot be competitive. (Explain in REMARKS section)

� Time allotted for completion of the Bid is insufficient

� Start-up time is insufficient

� Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

� Bid requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

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STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES (DNR)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Barge Modifications, Recommended Repairs and Required

Maintenance

Solicitation Number: K00R2600137

IFB Issue Date: November 21, 2022

IFB Issuing Office: Department of Natural Resources

Procurement Administrator: Richard Gilmore Department of Natural Resources Tawes State Office Building, D-3 Annapolis, Maryland 21401 e-mail:

Office Phone:

Richard.gilmore1@maryland.gov 410-260-8043

Bids are to be sent to: Submit bids by upload to eMMA before Bid due date and time.

Pre-Bid Conference: December 6, 2002 @10:00 am Department of Natural Resources Cambridge Marine Terminal 301 Cemetery Avenue Cambridge, MD 21613

Questions Due Date and Time December 14, 2022 5:00pm Local Time

Bid Due (Closing) Date and Time:

December 28, 2022 2:00 pm Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Public Bid Opening Date, Time and Location

December 22, 2022, 10:00 am Local Time Department of Natural Resources Tawes Office Building 580 Taylor Avenue, D-3 Annapolis, MD. 21401

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Fixed Price

Contract Duration: 180 Calendar Days

Primary Place of Performance: As Proposed by Bidder.

SBR Designation: No

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Federal Funding: No

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 Invoicing

3.3 Liquidated Damages

3.4 Insurance Requirements

3.5 Security Requirements

3.6 Problem Escalation Procedure

3.7 SOC 2 Type 2 Audit Report

3.8 Minority Business Enterprise (MBE) Reports

3.9 Veteran Small Business Enterprise (VSBE) Reports

3.10 Work Orders

3.11 Additional Clauses

4 Procurement Instructions

5 Bid Format

6 Bid Evaluation and Award

7 IFB Attachments and Appendices

Appendix 1. – Abbreviations and Definitions

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

To be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1.1.1 The Bidder shall have a minimum of five (5) years of current and continuous experience performing work of a similar nature as defined in IFB 2.1.

1.1.2 Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its bid a list of similar projects within the scope as defined in IFB 2.1, which have been successfully completed by the Contractor and a copy of the businesses Certificate of Insurance (COI),

1.1.3 The Bidder shall be required to provide copies of current certifications for Abrasive/Wet Blasting, Welding, Structural Modification, Mechanical, Electrical, Coating/Painting that meets or exceeds the standards such as SSPC, AMPP, NACE, AWS, per the industrial/commercial regulations of ABS, OSHA and the recognized standards of the USCG.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid the current completed certification information for any Employees, Subcontractors, Consultants and Non-Government Inspectors, plus any substitutes and/or assigns that will or could be performing services on the State of Maryland – Dept. of Natural Resources – Engineering and Construction Unit’s three marine barges named BALTIMORE, CAMBRIDGE and CHESAPEAKE.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

The Department of Natural Resource (DNR) is issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder and the Maryland Department of Natural Resources for the purpose of sand/steel, grit/wet blasting, modifying, repairing, and other restoration services as included in the Marine Surveyor’s Recommendations and Comments (see ATTACHMENTS 1B – 1D), furthermore coating/painting three (3) steel spud utility deck barges.

*The barge BALTIMORE was built in 1990 and measures sixty (60) feet LOA, twenty-four (24) foot BEAM, from WATERLINE to DECK GUNWALE is four (4) feet four (4) inches and DRAFT is two (2) feet. No zinc anodes are affixed below the waterline. Eighteen

(18) new bar zinc anodes will be supplied by DNR to the awarded shipyard for being tab welded below the waterline, seven (7) for each side of the barge and two (2) for the fore and two (2) for the aft rakes.

*The barge CAMBRIDGE was built in 1985 and measures eighty (80) feet LOA, twenty-six

(26) foot BEAM and five (5) foot DEPTH. New bar zinc anodes were tab welded below the waterline in July 2022.

*The barge CHESAPEAKE was built in 1994 and measures eighty (80) feet LOA, twenty-six

(26) foot BEAM and five (5) foot DEPTH. New bar zinc anodes were tab welded below the waterline in August 2022.

DNR will deliver barges from their Cambridge Marine Terminal to the successful bidders location of marine repair within the Maryland tidal waters of the Chesapeake Bay, in order to power wash, scrape and sand/steel, grit/wet blasting, modifying, recommended repairs, required maintenance to bare metal the entire bottom up to 3 feet above the chine to include the main primary side rub rail and transom push V- notch (Rubber piled fendering to be removed prior.)

All steel surfaces, bare and /or new metal shall be prepared and painted/coated per the attached Sherwin-Williams Marine Coatings (see ATTACHMENT NO. 1-A) or equal type marine coatings manufacturer. All marine coatings/paint products to be applied shall have a product manufactured date of the year 2021 or newer. All three barges at the stern are to be properly fitted with two reinforcement half-inch (1/2”) steel mounting plates on the inside stern corners for affixing two Wintech HM8/HM8W (5 ton) handwheel pedestal winches designed for marine duty (two per barge stern). The winch model, angle degree of pedestal and deck mounting plates to be determined with DNR before welding/affixing. The mounting plates are to allow two additional inches (2.0”) outside the Wintech pedestal bases. Stainless steel or galvanized fasteners shall be used for securing the winch pedestals to (2) steel angle bars welded to the added mounting plates.

2.1.1 It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the State.

2.1.2 Pertaining to all three (3) barges, DNR will make a single award for the work under this IFB. See IFB Section 4.9 Award Basis for more Contract award information.

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2.1.3 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all the requirements, recommendations and supporting comments requested in this solicitation and the successful Bidder (Contractor) shall remain responsible for Contract performance regardless of subcontractor participating in the work, on behalf of the successful Bidder. The Contractor shall be solely responsible that the selected Marine Coatings/Paint manufacturer will be contacted to have a field representative(s) on location when necessary to assure application processes are strictly followed by way of proper steel preparation and monitoring climate conditions (temperature/humidity) per the Coatings/Paint manufacturers product application specifications. This is to ensure the Marine Coating/Paint being applied will support a quality assurance and quality control measured application process of the selected Marine Coatings/Paint product line being chosen.

2.1.4 Maryland State and local entities as defined in Finance and Procurement §13-110(a) and nonprofit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or nonprofit entities:

Shall constitute Contracts between the Contractor and that entity;

Shall not constitute purchases by the State or State agencies under the Contract;

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.5 All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Background and Purpose

The DNR Engineering and Construction (E&C) Division’s purpose is to maintain the numerous assets that are State properties located within the Maryland tidal waters of the Chesapeake Bay.

Many of these Stakeholder facilities include marinas, docks, bulkheads, boat ramps, and shoreline revetments. E&C’s marine equipment, including these barges, support this State objective.

E&C projects include the replacement of deteriorated marine structures, construction of new marine structures/facilities and dredging. As such, the use of barges, tugboat and utility watercraft are required to access the sites with the materials and equipment necessary for each project, which benefit Maryland Stakeholders and visitors alike.

The State of Maryland, Department of Natural Resources is issuing this solicitation for the purpose of modifying, repairing, restoring and fulfilling all regulatory required maintenance for three (3) DNR – E&C Division’s steel Spud Deck Barges.

E&C’s in-house capabilities allow faster reaction times during emergency recovery efforts and specialized, affordable service for all sorts of environmental restoration and creation projects department wide. E&C’s three (3) steel spud deck cargo barges transport personnel, equipment, and materials for channel dredging, public boat ramp maintenance, dredging; public piers, bulkhead and jetty construction, armor stone placement for shoreline protection and beach

IFB for Department of Natural Resources Page 9 of 45 replenishment for shoreline grasses supporting various habitats. All three (3) barges have supported debris clean-up in the bay and its tributaries after major storm events such as Nor’easters, hurricanes, and tropical storms in the past. All three (3) barges are needed for E&C's pending and future projects and are to remain in active status.

Of the three (3) barges, two are in daily service but need moderate to major modifications, recommended repairs and required maintenance and one is out of service needing major repairs, which the heavily corroded hull sides, bottom and fore and aft rakes will need to be replaced below the waterline.

2.2.1 Project Goals

All work shall be performed in a top-quality skillful manner in accordance with the standards of the marine trade.

a) The Contractor shall comply with OSHA (Occupational Safety and Health

Administration) and MOSHA (Maryland Occupational Safety and Health Administration) regulations regarding construction safety and health standards throughout the duration of the Project.

b) All work shall be performed in accordance with the applicable code of all applicable

Federal requirements and standards as defined by and the latest editions of:

• National Fire Protection Association Code (NFPA)

• Code of Federal Regulations (CFR) Title 46 Shipping, Parts 90 to 139 in its entirety from the current revised publication.

• United States Coast Guard

• American Bureau of Shipping (ABS) Rules for Materials and Welding, Steel

Barges – Rules for Building Classing - Part 1, Steel Vessels Under 90 Meters/295 Feet - Part 3 - Hull Construction and Equipment and Rule for Survey after modification, repair and required maintenance.

• United States Department of Labor, Occupational Safety and Health Administration (OSHA) Standards: Maritime (29 CFR 1915, 1917, 1918 – Related Information.

• United States Department of Labor, Occupational Safety and Health Administration (OSHA) Standards: Maritime (29 CFR 1919) – Related information and by Standards Number: 1919.21 Marking and Posting of Safe Working Loads. Contractor shall schedule approved and certified test and present results to DNR.

(To Include All Hydraulic Winch and Drum Cable systems installed at every Spud Pole location.)

2.2.2 State Staff and Roles

In addition to the Procurement Administrator, the State shall have on hand:

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(a) State Contract Manager who will be responsible for overseeing the project, scheduling weekly progress meetings, compiling written meeting minutes and final substantial completion documentation.

2.2.3 Other State Responsibilities

N/A

2.3 Responsibilities and Tasks

2.3.1 Scope of Work

DNR will deliver and retrieve the barges to the successful Bidders marine repair location within the Maryland tidal waters of the Chesapeake Bay. Barges are to be hauled onto marine railway or submersible dry-dock. Other certified/engineered water removal to dry land methods can be presented for approval.

Upon completion of all steel/metal modifications, repairs and regulatory maintenance steel/metal replacement, all bare and /or new metal shall be prepared and painted per a Quality Assurance/Quality Control (QA/QC) plan presented to DNR by the Contractor that conforms with all Marine Coating product types as specified the attached Sherwin-Williams Marine Coatings (see ATTACHMENT NO. 1-A). Bidders may substitute the Marine Coating/Paint with an approved equal Coatings/Painting competitor product that meets the specifications of the Sherwin-Williams Marine Coatings, however SSPC Surface Preparations Standards are to be identified, confirmed and adhere to in the QA/QC Plan with DNR by the successful Bidder. The barges confined-space buoyancy compartments are to be vented to provide a safe atmosphere for removing all water, steel/metal corrosion and failed marine coatings prior to sand/steel, grit/wet blasting, and then to proceed with all exterior steel/metal surfaces. The rubber fendering panels in the transom push V-notch will need to be removed for proper steel maintenance and coating/painting, then replaced with new rubber fendering panels, which includes all hardware for proper re-fastening.

DNR shall indicate the order of repair to the Contractor based on immediate need and condition of each of the three (3) barges.

The barge BALTIMORE is 60’ Long x 24’ Beam x 5’ Depth requires replacing a portion of the hull/bottom plate (refer to Section 2.3.2), hull knuckle, the split pipe-half round gunnel guard and an overall percentage of side plate, including raking chines. The BALTIMIORE’s buoyancy compartments, including bulkheads, access ladders, frames, stanchions, stiffeners, trusses, spud wells, main deck, spud well top and bottom entry plates will need to be repaired or replaced as well. The 30” waist collar will need repair also.

The two barges CAMBRIDGE and CHESAPEAKE are 80’ Long x 26’ Beam x 5’ Depth. Both barges underwent hull/bottom plate in 2016-17. The 30” waist collar was removed from the barge CHESAPEAKE to safely accommodate a new Long Reach Excavator. Spaced timber mats were placed on the middle deck (fore & aft) to protect the steel/metal deck plating and have been removed recently.

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The spud wells on the barge CHESAPEAKE shall be reinforced, modified, and flanged collared completely at the hull/bottom exit with a suitable gauge steel/metal extra plate thickness. The interior of the spud wells and the top and bottom openings dimensions must remain the exact same and cannot be altered. Strengthening is to aid in relieving any side torque produced by the actual spuds when under side-load by the Long Reach Excavator. The above main cargo deck spud wells will need to be reinforced, modified and braced to ensure maximum integrity and maintaining a safe fabricated design. Testing, marking and posting of Safe Working Loads (To include all hydraulic winch and drum cable systems installed at every spud pole location on all three [3] barges) will need to be sought by a subcontractor with the proper recognized credentials.

The barge’s Baier 18” (Center Bolt Type) cast aluminum hatch round steel deck ring frames will need to be replaced if any steel/metal corrosion is detected, bent, un-level or cracked. As with the barge “Cambridge”, the forward/bow Baier 18” deck hatch is in an exposed high access fitted location and will need to be relocated to the forward port side, in line with the remaining Baier 18” deck hatches, which placement will need to mirror the other barge compartment hatch accesses, by welding ladder rugs in place to the forward collision compartment bulkhead. The round steel deck ring frames are to be original equipment of Baier Marine, 2920 Airway Ave., Costa Mesa, CA 92626 / Ph: (800) 455-3917. The Baier cast aluminum circular Center Bolt Type hatches are not to each be individually painted.

All deck buttons, horned bitts and deck cleats that display any corrosion will need to be repaired or replaced. All wynel - gooseneck type deck vents or other vent fixtures may need to be replaced if any severe steel/metal corrosion is detected.

All toolboxes, mechanical or motorized power units, fuel tanks, hydraulic pumps or motor/winches, spuds will need to be removed, inspected, repaired, or replaced. All toolboxes, mechanical or motorized power units, fuel tanks, hydraulic pumps or motor/winches, spuds are to be re-affixed after above deck plate marine coatings are completed have been inspected per each barge. All press fitted hydraulic hoses are to be replaced with new proper hose type and fitting size, hose length are to be uniformly numbered and documented for presenting to DNR. Chaffe material shall be fitted in concerned areas of excessive wear or heat.

Contractor shall inform DNR upon completion of work, at which time DNR will inspect the completion of work and quality of work. Contractor shall be responsible for the proper storage of all materials, supplies and equipment and after re-installed on the main cargo deck areas of the barge(s). Material and supplies shall be stored in a safe area. All materials shall be stored up off the ground surface and should be protected from the weather with a waterproof covering.

Any materials or supplies which have not been specifically mentioned, but are necessary for the complete, safe, and satisfactory completion of the project, shall be coordinated with DNR’s Contract Monitor before being newly or re-installed by the Contractor.

2.3.2 Barge Inspections Reports – Marine Surveyor Recommendations and Comments

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ATTACHMENT NO. 1-B / The barge BALTIMORE – BARGE INSPECTION REPORT No.

5793 was completed in detail and is dated June 29, 2022. The Marine Surveyor “RECOMMENDATIONS” are presented on Pages 28 - 29 and the Marine Surveyor “COMMENTS” are presented on Page 30.

ATTACHMENT NO. 1-C / The barge CAMBRIDGE - BARGE INSPECTION REPORT No.

5792 was completed in detail and is dated July 8, 2022. The Marine Surveyor “RECOMMENDATIONS” are presented on Page 24 and the Marine Surveyors “COMMENTS” are presented on Page 25.

ATTACHMENT NO. 1-D / The barge CHESAPEAKE - BARGE INSPECTION REPORT No.

5791 was completed in detail and is dated August 12, 2022. The Marine Surveyor “RECOMMENDATIONS” are discovered on Pages 25 – 26 and the Marine Surveyors “COMMENTS” are discovered on Page 27.

2.3.3 Execution of Marine Surveyor Recommendations and Comments

In developing the proposal for this project, the Bidder shall include all the work specified in the Section RECOMMENDATIONS in each of the above listed reports (Section 2.3.1).

2.3.4 Materials & Methods

All steel replacement or patching shall be 3/8” thick A 36 Cold Rolled Steel Properties - Standard steel alloy meeting the requirements of American Society for Testing &Materials Internationals (ASTM), A36 has a minimum tensile strength of 58,000 psi. Tensile Strength is defined as the maximum stress a material can withstand while being stretched or pulled before failing or breaking. A36 has minimum yield strength of 36,000 psi. Yield Strength is the stress at which a material begins to deform plastically. A36 has a specific gravity of 7.8 to be known.

2.3.5 Preparation for Welding

All surfaces that will be welded are to be free from moisture, grease, loose mill scale, excessive rust, or paint. Slag and scale are to be removed not only from the edges that will be welded, but also from each pass and layer before the deposition of subsequent passes or layers.

2.3.6 Methods of Joining A36

(SMSW) - Shielded Metal Are Welding commonly known as sick weld (GMAW) - Gas Metal Are Welding commonly known as Mig welding.

Oxyacetylene Welding All these types of welding must meet standards set forth by (AWS) American Welding Society D3.5, 2000 (Guide for Hull Welding) Meet or exceed standards set by (USCG) United States Coast Guard

2.3.7 Surface Appearance

The surfaces of welds are to be visually inspected and are to be regular and uniform with a minimum amount of reinforcement and reasonably free from undercut and overlap.

All welds and surrounding areas are to conform as follows:

• Surfaces are to be free of all loose and lightly adhering weld spatters

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• Surfaces are to be dressed (e,g., by grinding) to remove irregular and sharp-edged profiles

• Surfaces are to be free from slag

• Surfaces are to be free from sharp or deep undercuts.

2.3.8 Weld Soundness

Welds are to be sound, crack free throughout the weld cross section and fused to the base material.

2.3.9 Inspection of Welds

Final inspection of welded joints in important locations are to be carried out by approved nondestructive test method such as radiographic, ultrasonic or vacuum box to evaluate overall soundness of the weld cross section.

2.3.10 Repair Welding

Defective welds, including base metal defects, as determined by visual inspection, nondestructive test methods, or leakage are to be removed in way of the defects to sound metal and corrected by re-welding, using a suitable repair welding procedure to be consistent with the material being welded.

2.3.11 Welding Credentials

All welders must meet the standards of ABS and have valid certification.

2.3.12 Painting & Preparation

Provide Protective & Marine Coatings as manufactured by Sherwin Williams Marine Coatings.

Surface must be clean, dry and in sound condition.

Remove all oil and grease with Solvent Cleaning per SSPC-SP1.

Remove all dirt and dust. All bare metal must be primed within (8) eight hours or before flash rusting occurs.

2.3.13 Paint Application

Please review entirely the attached Sherwin –Williams Marine Coatings (ATTACHMENT NO.

1-A). Bidders may substitute a marine paint product with an approved equal product that meets or exceeds the specifications of the Sherwin-Williams Marine Coatings.

2.3.14 Mobilization of Barge/Barges

DNR will mobilize the barges BALTIMORE, CAMBRIDGE and CHESAPEAKE to/from the Contractor’s place of business within the Maryland tidal waters of the Chesapeake Bay.

Agreeable delivery and retrieval dates are to be defined by DNR and the successful Bidder.

2.2.15 Barge Steel/Metal Fabrication Builds

It is the sole responsibility of the Contractor to replace all steel/metal existing or newly fabricated parts, such as hull/bottom side or main deck plate, bilge knuckle, rake knuckle, corners, head-long, deck-gunwale, rub-rails, coaming, brackets, railings, longitudinal stiffeners, rake-trusses, forward collision compartment + bulkhead, main rake, mid-body, transom (at stern), all deck, side + bottom frames, transverse trusses, all gusset stiffeners, inner bulkheads, vertical + diagonal

IFB for Department of Natural Resources Page 14 of 45 stanchions, all Baier 18” round steel/metal seat frames (main deck), ladder rungs and spud steel/metal poles or modified spud I-beams that are corroded, bent, cracked, punctured, failed weld, previously poorly repaired, largely dented or not safely/properly fabricated in the past.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. The Contract that results from this solicitation shall commence as of the date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required (“Contract Commencement”).

B. The period of time from the date of Contract Commencement through the Go-Live Date will be the Contract “Start-up Period.” During the Start-up Period the Contractor shall perform start-up activities such as are necessary to enable the Contractor to begin the successful performance of Contract activities as of the Go-Live Date. No compensation will be paid to the Contractor for any activities it performs during the Start-up Period.

C. As of the Go-Live Date contained in a Notice to Proceed, anticipated to be on or TBD, the Contractor shall perform all activities required by the Contract, including the requirements of this solicitation, for the compensation described in its Bid.

D. The duration of the Contract will be for the period of time from Contract Commencement to the Go-Live Date (the Start-Up Period as described in Section 3.1.B) plus 3 years from the Go-Live Date for the provision of all services required by the Contract and the requirements of this solicitation. This Contract may be extended for one year at the sole discretion of the Department and at the prices quoted in the Bid Form for Option Years.

E. The Contractor’s obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.

3.2 Invoicing

3.2.1 General

a) The Contractor shall email the original of each invoice and signed authorization to invoice to the Contract Administrator. Invoices and email shall include the assigned Project Number.

b) All invoices for services shall be verified by the Contractor as accurate at the time of submission.

c) An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address;

2) Remittance address;

3) Federal taxpayer identification (FEIN) number, social security number, as appropriate;

4) Invoice period (i.e. time period during which services covered by invoice were performed);

5) Invoice date;

6) Invoice number;

7) State assigned Project number;

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8) State assigned (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

d) Invoices that contain both fixed price and time and material items shall clearly identify each item as either fixed price or time and material billing.

e) The DNR reserves the right to reduce or withhold Contract payment in the event the

Contractor does not provide the DNR with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

f) Any action on the part of the DNR, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

g) The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

h) Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.2.2 For the purposes of the Contract an amount will not be deemed due and payable if:

a) The amount invoiced is inconsistent with the Contract;

b) The proper invoice has not been received by the party or office specified in the Contract;

c) The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

d) The item or services have not been accepted;

e) The items or services do not meet the quality requirements of the Contract;

f) If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

g) If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

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h) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Contract Monitor or by the Contract concerning performance under the Contract and compliance with its provisions.

3.2.3 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.3 Liquidated Damages

This section is not applicable to this IFB.

3.4 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

3.4.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

a) Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

b) Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

c) Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000. The State of Maryland and the Dept of Natural Resources should be added as a “loss payee.”

d) Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

e) Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

3.4.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

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3.4.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Administrator, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Administrator in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Administrator at least 15 days prior to the expiration of the insurance policy then in effect.

3.4.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.4.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.4.6 The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

3.5 Security Requirements

The following requirements are applicable to the Contract:

3.5.1 Employee Identification

The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

3.5.2 Security Clearance / Criminal Background Check

A security clearance is not required for Contractor Personnel assigned to the Contract.

3.5.3 On-Site Security Requirement(s)

3.6 Problem Escalation Procedure

3.6.1 The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes.

3.6.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other

State personnel as directed should the Contract Monitor not be available.

3.6.3 The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier. The PEP, IFB for Department of Natural Resources Page 19 of 45 including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

a) The process for establishing the existence of a problem;

b) Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

c) For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

d) Expedited escalation procedures and any circumstances that would trigger expediting them;

e) The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

f) Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

g) A process for updating and notifying the Contract Monitor of any changes to the PEP.

3.6.4 Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.7 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

3.8 Minority Business Enterprise (MBE) Reports

MBE Reports are not a Contractor requirement for this Contract.

3.9 Veteran Small Business Enterprise (VSBE) Reports

VSBE Reports are not a Contractor requirement for this Contract.

3.10 Work Orders

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3.11 Additional Clauses

3.11.1 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Administrator may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

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4 Procurement Instructions

4.1 Pre-Bid Conference and Site Visit

4.1.1 A pre-Bid conference (Conference) will be held at the date, time, and location indicated in this

IFB. All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids.

4.1.2 Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

4.1.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the requirements of the contract and the MBE Goal.

4.1.4 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland.

4.2.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to https://procurement.maryland.gov, click on “Register” to begin the process, and then follow the prompts.

4.3 Questions

4.3.1 All questions, shall identify in the subject line the Solicitation Number and Title and shall be submitted in writing via e-mail to the Procurement Administrator at least ten (10) days prior to the Bid due date. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.3.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the Department unless it issues an amendment in writing

4.4.1 A Contract will be awarded in accordance with the Competitive Sealed Bidding method under

COMAR 21.05.02.

4.4 Bid Due (Closing) Date and Time

4.4.1 Bids, in the number and form set forth in Section 5 Bid Format, must be received by the

Procurement Administrator no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.4.2 Requests for extension of this date or time shall not be granted.

4.4.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Administrator. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

https://procurement.maryland.gov/

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4.4.4 Bids may be modified or withdrawn by written notice received by the Procurement Administrator before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

4.4.5 Bids will be opened publicly at the date and time indicated on the Key Information Summary Sheet.

4.4.6 Potential Bidders not responding to this solicitation are requested to submit the “No Bid Notice/Vendor Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.5 Multiple or Alternate Bids

4.6.1 Multiple or alternate Bids will not be accepted.

4.6 Receipt, Opening and Recording of Bids

4.6.1 Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

4.6.2 Bids shall be opened publicly, at the time, date and place designated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of bid opening.

4.7 Confidentiality of Bids / Public Information Act Notice

4.7.1 The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

4.7.2 The Bids shall be tabulated, or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

4.7.3 For requests for information made under the PIA, the Procurement Administrator shall examine the Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.8 Award Basis

4.8.1 A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR 21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation.

See IFB Section 6 for Bid evaluation and award information.

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4.8.2 Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Administrator; and (2) the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

4.9 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.10 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved. This period may be extended at the Procurement Administrator’s request only with the Bidder’s written agreement.

4.11 Revisions to the IFB

4.11.1 If the IFB is revised before the due date for Bids, the DNR shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Administrator to have obtained this IFB. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

4.11.2 Bidders shall acknowledge the receipt of all addenda to this IFB issued before the Bid due date.

4.11.3 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

4.12 Cancellations

4.12.1 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.12.2 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled, and the award processed in accordance with COMAR 21.01.03.01.A(4).

4.12.3 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3- 207(b)(2).

4.13 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

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4.14 Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.15 Bidder Responsibilities

4.15.1 Bidders must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation.

4.15.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified.

4.15.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g.

insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.15.4 A parental guarantee of the performance of the Bidder under this Section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the…