2-1-26-4-03-5 Solicitation.pdf

EASTERN CORRECTIONAL INSTITUTION:

ELECTRICAL PREVENTATIVE MAINTENANCE PROGRAM

SOMERSET COUNTY, MD

Project ID No. 1-26-4-03-5

SOLICITATION/SCOPE OF

WORK/ATTACHMENTS/DRAWINGS

DOCUMENTS ONLY

THE BIDDING DOCUMENTS ARE NOT

INCLUDED IN THIS FILE

NOTICE

To ensure receipt of any changes or additional materials related to this Invitation for Bids, Prospective Bidders having received this solicitation from a source other than the Procurement Office of the Maryland Environmental Service should go to the MES Website to the MES Procurement

Portal (Bonfire) and download the full solicitation or contact the Procurement Office at procurement@menv.com and provide the following:

Company Name Street Address

Name of their primary contact for this IFB Person’s phone number, Fax number and E-mail https://menv.com/procurement/ mailto:procurement@menv.com

INVITATION FOR BIDS

PROJECT ID No. 1-26-4-03-5

EASTERN CORRECTIONAL INSTITUTION:

ELECTRICAL PREVENTATIVE

MAINTENANCE PROGRAM

SOMERSET COUNTY, MD

Issued By:

Procurement Division

Maryland Environmental Service 259 Najoles Road

Millersville, MD 21108

Issue Date: July 10, 2025

NOTICE: To ensure receipt of any changes or additional materials related to this Invitation for Bids, Prospective Bidders having received this solicitation from a source other than the Procurement Office of the Maryland Environmental Service should immediately contact the Procurement Office and provide their company name, street address, name of their primary contact for this IFB, and that person’s phone number, fax number and e-mail address.

TABLE OF CONTENTS

PROJECT ID No. 1-26-4-03-5

Notice to Bidders

Instructions for Submitting Bids/Proposals

Instructions to Bidders

Contract Documents (to be submitted by Successful Bidder) ♦ Contract Affidavit

Scope of Work

Attachment A through E Pages 44 - 417

Sample Service Contract

General Conditions

Notice to Vendors/Contractors

In a separate file (1-26-4-03-5 bidding documents.pdf)

♦ Services Bid Form ♦ Bid/Proposal Affidavit ♦ Conflict of Interest Statement ♦ Investment Activities in Iran Certification Form ♦ Certification Regarding Discriminatory Boycotts of Israel

July 10, 2025

INVITATION FOR BIDS

EASTERN CORRECTIONAL INSTITUTION:

ELECTRICAL PREVENTATIVE MAINTENANCE PROGRAM

SOMERSET COUNTY, MD

PROJECT ID No. 1-26-4-03-5

BID DUE DATE: August 7, 2025

BID CLOSING TIME: 1:00 PM

TO ALL PROSPECTIVE BIDDERS:

PURPOSE: The Maryland Environmental Service is soliciting competitive sealed bids from qualified Contractors to provide all labor, equipment and materials to complete the preventative maintenance services at the Eastern Correctional Institution (ECI or Institution) as described in the General and Detailed Scope of Work. Located at the Eastern Correctional Institution 30420 Revells Neck Road Westover, MD 21890 NOTE: MES will only accept Electronic Bids on MES Procurement Portal (https://menv.bonfirehub.com/). Mailed, Emailed, Faxed, or Hand Delivered (paper) bids will not be accepted. Requested Information on the MES Procurement Portal must be submitted on or before the bid due date, Submission option will not be available after the bid due date. Bidders may follow-up with the procurement department procurement@menv.com to determine if their Bids were received on time.

Conditioning a bid or proposal or any other MES solicitation or bidding document will deem your bid or proposal non-responsive and not be accepted COMAR 21.05.02.22.

Bids will be opened electronically in public at the date and time specified in the solicitation.

Bidders can attend the bid opening through the shared link provided in this solicitation.

The Bid Tabulation shall be posted on MES Procurement Portal within 48 hours from the bid opening.

BONDING REQUIREMENTS:

There are no bonding requirements for this project.

https://menv.bonfirehub.com/ https://menv.bonfirehub.com/ https://menv.bonfirehub.com/

TERM OF CONTRACT: The initial term of the Contract shall be for five (5) year’s period, starting from issuance of a written notice-to-proceed from the MES Project Manager (or his designee).

MBE SUBCONTRACT PARTICIPATION: There is no MBE subcontract participation goal for this solicitation. It is the stated policy of the Maryland Environmental Service to encourage Minority Business Enterprise participation on all State contracts where there is an opportunity to do so. Maryland firms are encouraged to respond to this solicitation.

SITE VISIT: A Site Visit can be arranged by contacting Gary Lasako at 410.729.8373 (office) or 443.871.6333 (mobile), at least twenty-four hours in advance. The purpose of the Site Visit is to allow potential Bidders the opportunity to familiarize themselves with the work.

DEADLINE FOR BID SUBMISSION: Maryland Environmental Service will receive electronic bids at MES Procurement Portal until 1:00 PM on August 7, 2025. Bids shall be opened electronically in public; The link to attend the bid opening is available on the MES Procurement Portal. Bidders are solely responsible for the timely receipt of their electronic bids.

Late bids will not be accepted. Mailed, Emailed, Faxed and Hand Delivered bids will not be accepted.

The right is reserved, as the interest of the Maryland Environmental Service may appear, to reject any items of any Bid.

OBTAINING SOLICITATION DOCUMENTS: Solicitation documents can be obtained by going to MES Procurement Portal.

QUESTIONS/REQUESTS FOR CLARIFICATION: Bidders having questions and inquiries regarding either the technical or the procurement sections of the bid documents shall be sent though MES Procurement Portal. Failure to follow these instructions may result in a delayed response to bidder inquiries. The deadline for questions to be received by the Procurement Office is July 24, 2025, by 1:00 PM. Questions received after this date may not receive a response per the Instructions to Bidders, page 1 of 15, Section 3.

Qieon Graham Procurement Administrator https://menv.bonfirehub.com/

Instructions for Submitting Bids/Proposals

The Bidder/Offeror shall follow these instructions when submitting a bid/proposal on this project.

Electronic Bids/Proposals

MES will only accept Electronic Bids on MES Procurement Portal (https://menv.bonfirehub.com/). Mailed, Emailed, Faxed, or Hand Delivered (paper) bids will not be accepted.

Bidders/Offerors are solely responsible for the timely receipt of their bids/proposals. Late Bids/Proposals will not be accepted.

Click this link to see the process of submitting a bid/proposal on MES Procurement Portal.

https://vendorsupport.gobonfire.com/hc/en-us/articles/6832869814551-Creating-and-Uploading-a-Submission-https://menv.bonfirehub.com/ https://menv.bonfirehub.com/ https://vendorsupport.gobonfire.com/hc/en-us/articles/6832869814551-Creating-and-Uploading-a-Submission-https://vendorsupport.gobonfire.com/hc/en-us/articles/6832869814551-Creating-and-Uploading-a-Submission-

Services ITB Page 1 of 15 Revised June 2025

STATE OF MARYLAND-MARYLAND ENVIRONMENTAL SERVICE

INSTRUCTIONS TO BIDDERS

FOR

SERVICES

GENERAL INFORMATION

1. LICENSES, REGISTRATION AND QUALIFICATIONS

A. At or before the time of contract award the successful bidder must be licensed as required by the laws of Maryland.

B. The Service reserves the right to require that the Contractor demonstrate that it has the skills, equipment and other resources to satisfactorily perform the nature and magnitude of work necessary to complete the project within the contract schedule.

C. When Municipal, County, State or Federal laws require that certain personnel (electricians, plumbers, etc.) be licensed, then all such personnel employed on the Work including subcontractors and their employees, shall be so licensed.

2. AMENDMENTS TO INVITATIONS FOR BIDS

Amendments shall be sent to all prospective bidders who were sent an Invitation For Bids or who are known to have obtained the bidding documents. Amendments will be distributed within a reasonable time to allow bidders to consider them in preparing their bids. If the time and date for receipt of bids does not permit preparation, the time shall be increase to the extent possible in the amendment, or if necessary, by telephone and confirmed by amendment. Bidders must acknowledge receipt of all amendments on the face of the bid form. Failure to acknowledge an amendment may render a bid non responsive.

3. DISCREPANCIES AND CLARIFICATIONS

A. Should a bidder find discrepancies in the plans and/or specifications or should a bidder be in doubt as to the meaning or intent of any part thereof, he/she must not later than ten (10) working days prior to the bid opening, request clarification from the Service. The Service may then issue a written amendment. Requests shall include the contract number and project name and shall be directed to the address indicated in the Notice to Bidders.

Failure to request such clarification is a waiver to any claim by the bidder for expenses made necessary by reason of later interpretation of the contract documents.

B. Oral explanations or instructions will not be binding; only written amendments are binding.

Any amendments resulting from these requests will be distributed as noted in paragraph two (2) above. The Service retains the right to issue no response to requests received after an established deadline. The Service always retains the right to issue no response to

Services ITB Page 2 of 15 requests from potential bidders.

4. PUBLIC INFORMATION ACT

Bidders should give specific attention to the identification of those portions of their bids which they deem to be confidential, proprietary information, and/or trade secrets and provide any justification of why such materials, upon request, should not be disclosed under the Maryland Public Information Act (“PIA”), Title 4 of the General Provisions Article (“GP”), et seq, of the Annotated Code of Maryland.

5. CONTRACT CERTIFICATES AND AFFIDAVITS

The bidder shall review all certificates and affidavits called for in the contract documents; the bidder should be prepared to execute them, and if they cannot be truthfully executed, notify the Service.

6. ARREARAGES

By submitting a response to this solicitation, a bidder shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the contract.

7. PROHIBITION OF CERTAIN PROVISIONS

Maryland Environmental Service (“MES”) is a unit of the State of Maryland. MES is subject to the Maryland Annotated Code, State Finance and Procurement Article, Section 2-901, et seq., which prohibits certain provisions from being included in State contracts.

Accordingly, by law, MES may not agree to or accept certain provisions in any contracts to which it is a party, including, but not limited to contracts that contain a provision:

• That requires MES to indemnify, defend, or hold harmless another person without an appropriation of State funds for that purpose.

• By which MES agrees to binding arbitration or any other binding extrajudicial dispute resolution process.

• That names a jurisdiction or venue for any action or dispute against MES other than a court of proper jurisdiction in the State of Maryland.

• That requires MES to agree to limit the liability for any direct loss to MES, as specified in the statute, or that would otherwise impose an indemnification obligation on MES.

• That requires MES to be bound by a term or condition that (1) is unknown to MES at the time of signing the contract; (2) may be unilaterally changed by the other party; or (3) is electronically accepted by an MES employee without authority.

• That requires a person other than the Attorney General of Maryland to serve as legal counsel for MES, except as allowed under current law.

• That is inconsistent with the State of Maryland’s Open Meetings Act or Public Information Act.

• That binds MES to pay unappropriated amounts or otherwise causes MES to incur unfunded liabilities, as specified under State law.

• For automatic renewal that obligates MES to allocate funding in subsequent fiscal years; or that limits

MES’s ability to recover the cost of a replacement contractor.

Services ITB Page 3 of 15

BID PACKAGE PREPARATION

1. BID DOCUMENTS

A. A. MES will only accept Electronic Bids on MES Procurement Portal

(https://menv.bonfirehub.com/). Mailed, Emailed, Faxed, or Hand Delivered (paper) bids will not be accepted. Requested Information on the MES Procurement Portal must be submitted on or before the bid due date, Submission option will not be available after the bid due date. Bidders may follow-up with the procurement department procurement@menv.com to determine if their Bids were received on time

The following items, if provided elsewhere in the solicitation, must be fully executed and included in the bid:

(1) Bid Form

(2) Bid/Proposal Affidavit.

(3) Bid Security (if applicable)

(4) Contractors Qualification Questionnaire (if applicable)

(5) Equipment List (if applicable)

(6) List of Subcontractors (if applicable)

(7) MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (MBE Attachment A) (if applicable)

(8) Investment Activities in Iran Certification Form

(9) Certification Regarding Discriminatory Boycotts of Israel

B. Use ink or a typewriter. Handwritten bids must be legible. Any erasures and/or alterations shall be initialed in ink by the signer.

C. All original documents must be signed in ink as follows:

Individuals sign with full name.

Partnerships: a member or members of the partnership with authority to bind the partnership.

Corporations: an officer must sign, and be attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer attach a copy of the portion of the By-Laws or Board resolution, certified by the corporate secretary, showing the authority of the person so signing on behalf of the corporation.

2. BID FORM

A. The bidder shall complete as part of their pricing for the work specified on the enclosed bid form. Bids not submitted on the Bid Form provided by MES will be deemed non-responsive and may be rejected.

B. The base bid will include lump sum price work and/or unit price work with estimated

Services ITB Page 4 of 15 quantities established by the Service and unit prices provided by the Contractor to arrive at a base bid.

C. Unit Prices: Should the Contractor be required to perform work over and above that required by contract documents, or should they be ordered to omit work required by contract documents, he will be paid an extra, or shall credit the Service, as the case may be, on basis of unit prices quoted herein. Prices quoted shall be the same for "extra" work and for "credit" work and shall be the sum total compensation payable or creditable for such items of work, including all labor, materials, etc. to cover the services.

D. The base bid shall be stated in dollars and cents, and in both words and figures. If there is a discrepancy between the written words and the figures, the written words shall govern.

3. BID/PROPOSAL AFFIDAVIT

The bidder shall complete as part of their bid package the Bid/Proposal Affidavit which contains the Anti-Bribery, Non-Collusion, Procurement, Financial Disclosure, Political Contribution Disclosure Affirmation, Drug and Alcohol Free Work Place, and Payment of Taxes.

4. BID SECURITY

A. When the base bid is in excess of $100,000, and if required elsewhere in the solicitation, the bidder must furnish a bid bond issued by a surety company approved by the State with his construction Bid Form. The Bid Bond must be in an amount not less than five per cent (5%) of the amount of the base bid and shall be submitted on a form provided by the Service.

Services ITB Page 5 of 15

B. Certified checks, cash, and other security set forth in COMAR 21.06.07.01 are acceptable in lieu of a Bid Bond, and subject to the same conditions.

C. Failure to provide sufficient bid security shall render the bid non-responsive; bids received with insufficient bid security will be rejected.

D. Assistance in obtaining bid, performance and payment bonds may be available to qualifying small businesses through the Maryland Small Business Development Financing Authority (MSBDFA). MSBDFA can directly issue bid, performance or payment bonds up to $750,000. MSBDFA may also guaranty up to 90% of a surety's losses as a result of a Contractor's breach of contract; MSBDFA's exposure on any bond guaranteed may not, however, exceed $900,000. Bonds issued directly by the program will remain in effect for the duration of the contract, and those surety bonds that are guaranteed by the program will remain in effect for the duration of the surety's exposure under the contract. To be eligible for bonding assistance, a business must first be denied bonding by at least one surety in both the standard and specialty markets within 90 days of submitting a bonding application to MSBDFA. The applicant must employ fewer than 500 full-time employees or have a gross sales of less that $50 million annually, have its principal place of business in Maryland or be a Maryland resident, must not subcontract more than 75 percent of the work, and the business or its principals must have a reputation of good moral character and financial responsibility. Finally, it must be demonstrated that the bonding or guarantee will have a measurable economic impact, through job creation and expansion of the state’s tax base. Applicants are required to work through their respective bonding agents in applying for assistance under the program. Questions regarding the bonding assistance program should be referred to:

Maryland Department of Business and Economic Development

Maryland Small Business Development Financing Authority 217 E. Redwood Street

22nd Floor Baltimore, Maryland

Phone: 410-333-4270 Fax: 410-333-6931

5. CONTRACTORS QUALIFICATION QUESTIONNAIRE

The Contractor's Qualification Questionnaire, if required elsewhere in this solicitation, must be completed, signed and returned with the Bid Form. Failure to do so may render the bid non-responsive.

6. MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT & MBE PARTICIPATION

SCHEDULE (MBE Attachment A)

The MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule, if required elsewhere in this solicitation, must be completed, signed and returned with the Bid Form.

Failure to do so

Services ITB Page 5 of 15 may render the bid non-responsive. Bids not submitted with the MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule will be rejected as non-responsive.

MBE SUBCONTRACT PARTICIPATION REQUIREMENTS

NOTE: New Guidelines Regarding MBE Prime Self-Performance. Please see MBE

ATTACHMENT A MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT & MBE

PARTICIPATION SCHEDULE, PART 5 FOR MORE DETAIL.

If a minimum MBE subcontract participation goal has been established as part of the contract, the bidder shall follow these instructions:

A. The Bidder shall structure its procedures for the performance of the work required in this contract to attempt to achieve the minority business enterprise (MBE) subcontract participation goal stated in the Invitation for Bids. MBE performance must be in accordance with the Exhibits, as authorized by Code of Maryland Regulations (COMAR)

21.11.03. Contractor agrees to exercise all good faith efforts to carry out the requirements set forth in this solicitation.

B. The MBE subcontract participation goal is established as the minimum percentage of the dollar amount of the contract. The bidder agrees to put forth a good faith effort to achieve the minimum MBE subcontract goal and that Maryland State Certified Minority Business Enterprises will perform the tasks identified and assigned by the Bidder.

C. The MBE prime contractor shall put forth a good faith effort to achieve the minimum

MBE subcontract goal and that Maryland State Certified Minority Business Enterprises will perform the tasks identified and assigned by the Bidder.

D. Minority Business Enterprises are encouraged to respond to this solicitation.

CONTRACTOR RESPONSIBILITIES:

A. Once a MBE subcontract participation goal on this Contract has been established the

Contractor agrees that this amount of the Contract and subcontract tasks will be performed by State certified minority business enterprises.

B. Both the MBE prime and subcontractor(s) will remain certified during the term of the agreement and any extensions thereof. Maintenance of minority business certification shall be considered a material obligation of the agreement.

C. The bidder shall complete and return with its bid the MBE Utilization and Fair Solicitation

Affidavit & MBE Participation Schedule (MBE Attachment A) whereby the bidder acknowledges the certified MBE participation goal or requests a waiver, commits to make a good faith effort to achieve the goal, and any applicable subgoals, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process. Bids

Services ITB Page 6 of 15 submitted without the MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (MBE Attachment A) will be deemed non-responsive and will be rejected.

D. To achieve the result of meeting the contract minority business enterprise subcontract participation goal, the Contractor shall:

(1) Identify specific work categories appropriate for subcontracting;

(2) At least ten (10) days prior to the bid opening, solicit minority business enterprises, through written notice that describes the categories of work to be subcontracted and provide specific instructions on how to submit a bid;

(3) Attempt to make personal contact with MBE firms;

(4) Assist MBE firms with bonding requirements or to obtain a waiver of those requirements;

(5) In order to publicize contracting opportunities to m i n o r i t y businesses, attend pre-bid meetings or other meeting scheduled by the agency.

DOCUMENTATION

The following documentation shall accompany the Bid and shall be part of the Contract:

(1) MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (MBE Attachment A)

If the bidder is unable to achieve the MBE subcontract participation goal, the Bidder shall submit, in conjunction with the MBE Schedule of Participation, a request for a full or partial waiver.

The following documentation shall be submitted within ten (10) working days from notification that the Contractor is the apparent low Bidder or within ten (10) working days following the award, whichever is earlier and shall be part of the Contract:

(1) Outreach Efforts Compliance Statement (MBE Attachment B)

(2) M B E Subcontractor Project Participation Certification (Attachment C) signed by both the Bidder and each MBE listed in the schedule of participation and MBE Prime Project Participation Certification (Attachment C-page 2) (if applicable) signed by the MBE Prime Contractor.

(3) Any other documentation considered appropriate by the Service to ascertain bidder responsibility in connection with the contract MBE participation goal.

(4) The amount and type of bonds required of MBE Contractors, if any.

Services ITB Page 7 of 15

(5) The Contractor, by submitting its bid or offer, consents to provide such documentation as requested by the Service and to provide right of entry at any reasonable t i m e for purposes of the Service's representatives verifying compliance with the MBE Subcontractor requirements.

(6) A copy of each subcontract agreement with each proposed MBE subcontractor that the bidder and each proposed MBE subcontractor intend to enter into contingent upon the Service’s contract award to the bidder containing all necessary terms, including pricing and cost.

If the bidder is unable to achieve the MBE subcontract participation goal, the Bidder shall submit, instead of or in conjunction with MBE Attachment B, a fully documented written request for a full or partial waiver to include the following:

(a) A detailed statement of the efforts made to select portions of the Work proposed to be performed by certified MBE Firms in order to increase the likelihood of achieving the stated MBE goal(s);

(b) A detailed statement of the efforts made to contact and negotiate with MBE

Firms and non-MBE's including the names, addresses, dates and telephone numbers of MBE's contacted, and a description of the information provided regarding the Plans, Specifications, and anticipated time schedule for portions of the Work to be performed. (Complete Good Faith Efforts Attachment F- Part 2, and submit letters, fax cover sheets, emails, etc. documenting solicitations);

(c) Rejected MBE Firms (Complete Good Faith Efforts Attachment F, Part 3).

As to each MBE that placed a Subcontract quotation which the bidder considers not to be acceptable, a detailed statement of the reasons for this conclusion; and

(d) A list of minority Subcontractors found to be unavailable. This should be accompanied by a Minority Contractor Unavailability Certificate (MBE Attachment F, Part 4) signed by the MBE contractor or a statement from the bidder/offeror that the MBE contractor refused to sign the MBE Unavailability Certificate

If the Contract has been awarded and the following documentation is not furnished, the award shall be null and void.

RECORDS AND REPORTS:

A. The Contractor shall maintain such records as are necessary to confirm compliance with its Minority Business Enterprise utilization obligations. These records shall indicate the identify of minority and non-minority Subcontractors employed on the contract, the type of work performed by each, and the actual dollar value of work, services and procurement achieved by each Contractor and Subcontractor.

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B. The Contractor shall submit information with his monthly cost breakdown for progress payments which indicates the dollar value of Contracts awarded to Minority Business Enterprises as the Contract Work occurs. (MBE Attachment G) This information will be submitted as a supplement to the Cost Breakdown For Progress Payments form.

Failure of the Contractor to submit the required supplementary MBE participation information may result in delays in processing progress payments.

C. All records concerning MBE participation must be retained by the Contractor and will be available for inspection by the Service for a period of three years after final completion of the Contract.

ENFORCEMENT:

A. The Service is responsible for conducting inspections to confirm compliance with the terms of this Section. If the Service determines that the Contractor or Subcontractors are not in compliance with this Section, the Service will notify the Contractor of those measures which the Contractor must take to restore the Contractor to a state of compliance.

B. If the documentary material submitted by the Contractor or Subcontractor to determine minority business status contains false, misleading information or other misrepresentations, the matter will be referred to the Attorney General for appropriate action.

CONTRACTOR ASSISTANCE:

A. Contractors requiring assistance in locating Minority Business Enterprises are encouraged to contact the following offices:

Minority Business Enterprise Office Department of Transportation

7201 Corporate Center Drive; P.O. Box 548 Hanover, Maryland 21076

410-865-1241

The State of Maryland Minority Business Enterprise Directory is available to Contractors online and at the location listed above. The Directory contains information about currently certified Minority Business Enterprises.

SCHEDULES:

A. Schedules are required to be submitted by the Contractor in accordance with the contract specifications.

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BID OPENING AND EVALUATION

1. BID OPENING

Bids will be opened and read aloud in public at the time and place stated in the Notice to Bidders.

2. RESERVED RIGHTS

The Service reserves the right to:

(a) Reject any and all bids or part(s) of bids or to accept any bid or part(s) of bids in the public interest.

(b) Waive any informality in a bid.

(c) Cancel this invitation at any time without liability to any bidder.

(d) Make the award by item, or groups of items, or total bid if it is in the best interest of the

Service to do so.

3. MULTIPLE, ALTERNATE, OR CONDITIONAL BIDS

By submission of a bid the bidders accepts the terms and conditions, specifications, plans, affidavits and all other documents comprising this Invitation for Bid. Unless multiple or alternate bids are requested in the solicitation, these bids may not be accepted. However, if a bidder clearly indicates a base bid, it shall be considered for award as though it were the only bid submitted by the bidder. Conditioning a bid on material exceptions, additions or revisions to the published Invitation For Bids and published addenda (if any) shall render a bid non-responsive.

4. CONDITIONING BIDS UPON OTHER AWARDS NOT ACCEPTABLE

Any bid which is conditioned upon receiving award of both the particular contract being solicited and another contract with the Service, or any other agency of the State of Maryland, shall be deemed non-responsive and not acceptable.

5. MODIFICATIONS AND WITHDRAWAL OF BIDS

Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to the time and date of bid opening and at the place specified in the Notice to Bidders. A note of withdrawal or modification to a bid must be signed. No withdrawal or modifications shall be accepted after the time and date for opening of bids.

6. MISTAKES IN BIDS

A. Mistakes Discovered Before Opening. A bidder may correct mistakes discovered before the time and date set for the opening by correcting the bid or withdrawing the bid as

Services ITB Page 10 of 15 provided in Section 5.

B. Confirmation of Bid. If the procurement officer knows or has reason to conclude that a mistake may have been made, the bidder may be required to confirm the bid. Situations in which confirmation may be requested include obvious, apparent errors on the face of the bid or a bid unreasonably lower than the other bids submitted. If the bidder alleges mistake, the bid may be corrected or withdrawn upon written approval if any of the following conditions are met:

1. If the mistake and intended correction are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid documents are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors.

2. A bidder may be permitted to withdraw a low bid if:

a. A mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or

b. The bidder submits proof of evidentiary value which clearly and convincingly demonstrates that a mistake was made.

c. Mistakes Discovered After Award. Mistakes may not be corrected after the award of the Contract except when the procurement officer and the head of a procurement agency make a determination that it would be unconscionable not to allow the mistake to be corrected.

d. Changes in prices are not permitted. Corrections shall be submitted to and approved by the Office of the Attorney General.

7. BID EVALUATION AND AWARD

A. General. The Contract is to be awarded to the responsible bidder who meets the requirements and evaluation criteria set forth in the Invitation for Bids, and is either the lowest bid price or lowest evaluated bid price.

B. Determination of Lowest Bidder. Bids shall be evaluated to determine which bidder offers the lowest cost to the Service in accordance with the evaluation criteria set forth in the Invitation for Bids. Except as otherwise provided under, Section 6., Mistakes in Bids:

1. The unit price will govern in the event of a discrepancy between the unit price bid and the extended price (product of unit price multiplied by the quantity).

2. The sum of the extended prices will govern in the event of a discrepancy between the total lump sum bid and the extended prices.

3. The written words will govern in the event of a discrepancy between the prices written in words and the prices written in figures.

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4. If a unit price has been omitted, the unit price will be determined by dividing the extended price by the quantity.

C. Award. Upon determination of the lowest bidder, review of the bid for responsiveness, and satisfaction that the bidder is responsible, the Contract may be awarded to that bidder. A Contract may be awarded to a bidder offering a higher quality item than that designated in the Invitation for Bids if that bidder is also the lowest responsive and responsible bidder.

CONTRACT AWARD AND EXECUTION

1. AWARD OF CONTRACT:

A. The award of the contract shall not be effective until the Service has obtained all required approvals.

Bid prices shall be irrevocable for a period of ninety (90) days following bid opening. The Service may request an extension of the ninety (90) day period and the bidder(s) may choose to agree.

B. The Contract shall be awarded to the responsible bidder submitting the lowest responsive bid. The successful bidder will be given a written Notice of Intent to Award stating the Service's intent to award the contract.

C. The award will be based on the Base Bid in the Bid Form; however, The Service alone will determine whether to select any Add/Deduct Alternates after bid opening. Add/Deduct Alternates will be accepted in the order listed in the Bid Form, if The Service chooses to do so.

D. The Service reserves the right to cancel the award of any contract before the execution of the contract by all parities without any liability on its part.

2. EXECUTION OF CONTRACT

A. Shortly after the Notice of Intent to Award, the Service shall forward the formal Contract form to the successful bidder for execution. In addition, the bidder shall furnish the following in the form and content required by the Service.

(1) Contract Affidavit

(2) Performance and Payment Bonds, if applicable

(3) Outreach Efforts Compliance Statement, if applicable

(4) M B E Subcontractor Project Participation Certification, if applicable

(5) MBE Prime Project Participation Certification, if applicable

(6) Fully documented full or partial MBE waiver request (Attachment F), if applicable

(7) Certificates of Insurance

B. The Contract form and additional documentation shall be returned to the Service within

Services ITB Page 12 of 15 the time specified in the Letter of Intent to Award. This documentation is a prerequisite for execution of the contract.

3. FAILURE TO EXECUTE CONTRACT

A. Failure of the Contractor to execute the contract, to complete the Contract Affidavit, to file acceptable bonds, certificates of insurance, and MBE documentation within the time specified shall be just cause for annulment of the award; and, shall result in the forfeiture of bid security, if applicable.

B. In the event that the damages sustained by the State exceed the amount of the bid security, the state reserves the right to proceed against the Contractor for the balance of its damages.

4. PERFORMANCE AND PAYMENT BONDS

A. Performance and Payment Bonds, if applicable, are required only when the amount of the initial award is in excess of $100,000.

B. Persons or firms performing construction contracts for the State of Maryland are not required to post payment bonds if the contract price is $100,000 or less. Sub- contractors and suppliers on such contracts should be aware that the normal protection such bonds offer to sub-contractors and suppliers is not available on construction contracts where the amount of the contract is $100,000 or less.

C. Prior to the award of the contract, the State will provide to the Contractor for execution, copies of the Performance Bond and Payment Bond. The bonds must be executed and returned to the Service. The Premium for the bonds shall be paid by the Contractor.

Performance and payment bonds shall be in the form specified in COMAR 21.07.02.10.

D. The Bonds shall be in the full amount of the contract price.

E. At the direction of the Service, the Contractor may be required to increase the amount of the bonds; for such additions, the Contractor will be reimbursed by the State in the amount of the actual increased bond cost.

5. PAYMENT TO CONTRACTORS BY ELECTRONIC FUNDS TRANSFER (EFT)

A. The State Comptroller’s Office requires payment by electronic transfer for any contract expected to exceed $200,000 and that requires Board of Public Works approval.

B. By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds transfer unless the State Comptroller’s Office grants an exemption. The selected Bidder shall register using the enclosed form (COT/GAD X-10 vendor electronic Funds (EFT) Registration Request Form).

Any request for an exemption must be submitted to the State Comptroller’s Office for approval at

Services ITB Page 13 of 15 the address specified on the COT/GAD X-10 form and must include the business identification information as stated on the form and include the reason for the exemption. To request an exemption please contact the Comptroller’s Office at 1-888-784-0144.

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PROTESTS

1. DEFINITION

A. In this Section, the following words have the meanings indicated.

B. Terms Defined.

1) “Interested Party” means a prospective bidder or offeror that may be aggrieved by the solicitation of a contract, or an actual bidder or offeror that may be affected by the award of a contract.

2) “Procurement Officer” means the Chief of Procurement & Contracts for the Maryland Environmental Service, or such other individual designated by the Deputy Director of the Maryland Environmental Service.

3) “Protest” means a complaint filed in accordance with this section relating to the solicitation or award by the Maryland Environmental Service of the contract to be awarded as a result of this procurement. “Protest” does not include the event a contract has not been awarded.

4) “Protester” means any actual or prospective bidder or offeror, or contractor who files a protest in connection with the solicitation or the award of the contract to be awarded as a result of this procurement.

5) “Reviewing Authority” means the Deputy Director of the Maryland Environmental Service, or designee.

2. FILING OF PROTEST

A. An interested party may protest to the Procurement Officer against the award of the contract which is the subject of this solicitation.

B. The protest shall be in writing, addressed to the Procurement Officer, and delivered to the headquarters of the Maryland Environmental Service. A protester may not file a protest by electronic means or by facsimile.

3. TIME FOR FILING

A. A protest based upon alleged improprieties in a solicitation shall be filed three business days before the bid opening date or the closing date for receipt of proposals. For procurement by competitive sealed proposals, alleged improprieties that did not exist in the initial solicitation but which are subsequently incorporated in the solicitation shall be filed not later than three business days before the next closing date for receipt of proposals following the incorporation.

B. In cases other than those covered in A, protests shall be filed not later than three business days after the basis for protest is known or should have been known, whichever is earlier.

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C. The term “filed” as used in A or B means receipt by the Procurement Officer Protesters are cautioned that protests should be transmitted or delivered in the manner that shall assure earliest receipt. A protest received by the Procurement Officer after the time limits prescribed in A or B may not be considered., and the protester shall have no further cause of complaint against the Maryland Environmental Service.

4. FORM

To expedite handling and review of protests, the envelope containing the protest should be labeled “Protest.” The written protest shall include as minimum the following:

A. The name, address, telephone number and email address of the Protester;

B. The solicitation or contract number;

C. A statement of reasons for the protest; and D. Supporting exhibits, evidence, or documents to substantiate the reasons for the protest.

5 TIME FOR SUBMITTING REQUESTED INFORMATION

The Procurement Officer may request the protester to submit additional information or substantiation. Any additional information or substantiation shall be submitted to the Procurement Officer within three business days after receipt of notification or such other time as the Procurement Officer may specify in order to expedite consideration of the protest.

Failure of any party to comply with a request for information or substantiation by the Procurement Officer may result in a resolution of the protest without consideration of any response to the request that is not timely submitted.

6 RESOLUTION OF THE PROTEST

A. The Procurement Officer may conduct discussions and, if appropriate, negotiations with the protester or any other interested party and may resolve the protest by agreement with any one or more interested parties.

B. If the protest is not resolved by agreement, the Procurement Officer shall render a decision on the protest, in writing, as soon as possible after receiving all relevant, requested information. The Procurement Officer may render a decision based solely on the relevant information submitted to the Procurement Officer, and does not have to provide any opportunity to any interested party to submit additional information, or to rebut information already submitted to the Procurement Officer.

C. The decision of the Procurement Officer shall be reviewed by the Reviewing

Authority. A request to review the decision of the Procurement Officer shall be made in writing and filed within ten (10) days of the date of the Procurement Officer’s decision. The Reviewing Authority may approve, modify, or disapprove the Procurement Officers’ decision, and shall provide a decision in writing. In disapproving a decision, the Reviewing Authority may order the Procurement

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Officer to resolve the protest in another manner. Unless the protest is remanded to the Procurement Officer, the decision of the Reviewing Authority is the final action by the Maryland Environmental Service.

D. A protest under this section is not a contested case under Title 10, Subtitle 2 of the State Government Article.

MINORITY BUSINESSES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

MARYLAND FIRMS ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

CONTRACT DOCUMENTS

(to be submitted during contract execution) effective date: September 30, To be Completed and Submitted within 10 Days of Receipt of Notice of Intent to Award

Contract Affidavit

A. AUTHORITY

I hereby affirm that I, (name of affiant) am the _ (title) and duly authorized representative of (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE

STATE DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT:

The business named above is a (check applicable box):

(1) Corporation - domestic (Maryland) or foreign (out-of-state);

(2) Limited Liability Company - domestic (Maryland) or foreign (out-of-state);

(3) Partnership - domestic (Maryland) or foreign (out-of-state);

(4) Statutory Trust - domestic (Maryland) or foreign;(out-of-state);

(5) Sole Proprietorship.

and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:

Name Dept.ID No.:

Address:

and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as:

Name Dept.ID No.:

Address:

C. FINANCIAL DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $200,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $200,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a procurement contract with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of

$200,000 or more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on or before: (i) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31.

E. DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency's undercover operations.)

I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.

(2) By submission of its Proposal, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;

(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

(c) Prohibit its employees from working under the influence of drugs or alcohol;

(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug and alcohol abuse in the workplace;

(ii) The business's policy of maintaining a drug and alcohol free workplace;

(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above;

(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and

(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;

(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction;

(j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including termination; or

(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)—(j), above.

(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.

(4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;

(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the…