20-MX-013-MS- IFB - Turnstiles at Baltimore City Juvenile Justice Center (BCJJC) .pdf

STATE OF MARYLAND

DEPARTMENT OF JUVENILE SERVICES

(DJS)

MULTI-STEP INVITATION FOR BIDS (MS-IFB)

TURNSTILES AT BALTIMORE CITY JUVENILE JUSTICE CENTER

(BCJJC)

IFB NUMBER: 20-MX-013

ISSUE DATE: DECEMBER 8, 2020

NOTICE

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

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA.

See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

MS-IFB for Turnstiles at Baltimore City Juvenile Justice

Center (BCJJC)

Solicitation #: 20-MX-013

IFB Document

MS-IFB for Turnstiles at Baltimore City Juvenile Justice Center

(BCJJC) Page ii of 57

NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email this completed form to the attention of the Procurement Officer (see Key Information

Summary Sheet below for contact information).

Title: Turnstiles at Baltimore City Juvenile Justice Center (BCJJC)

Solicitation No: 20-MX-013

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: ________________________________________________________________

(BCJJC) Page iii of 57

STATE OF MARYLAND

DEPARTMENT OF JUVENLIE SERVICES

(DJS)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Maintenance – Turnstiles at Baltimore City Juvenile Justice Center

Solicitation Number: 20-MX-013

IFB Issue Date: December 8, 2020

IFB Issuing Office: Department of Juvenile Services (DJS or the Department)

Procurement Officer: Deja Bracey

217 E Redwood Street, Suite 2006

Baltimore, MD 21203 e-mail:

Office Phone:

Deja.bracey1@maryland.gov

410-230-3327

Bids are to be sent to: Bids must be submitted by email to deja.bracey1@maryland.gov (see section 5.1 for instructions) or through eMaryland Marketplace Advantage (eMMA). Instructions on how to submit bids on eMMA can be found at https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-

Solicitations-IFB-v3.pdf.

Pre-Bid Conference: The Pre-Bid Conference is scheduled for January 12, 2021 at 11:00

AM via Hang Out Meets: meet.google.com/dpo-uwhf-aea or by phone: +1 401-753-4335 PIN: 368 783 558#.

See Attachment A for instructions.

Site Visit: The Site Visit is scheduled for January 13, 2021 at 11:00 AM at:

Baltimore City Juvenile Justice Center

300 N. Gay Street

Baltimore, MD 21202

See Section 4.1 for instructions

Questions Due Date and Time January 13, 2021 at 2:00 PM Local Time

Bid Due (Closing) Date and

Time:

January 15, 2021 at 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).

Bid Opening January 15, 2021 at 2:00 PM Local Time

MBE Subcontracting Goal: 0 %

VSBE Subcontracting Goal: 0 % file:///C:/Users/yorkman/Downloads/Deja.bracey1@maryland.gov mailto:eureka.yorkman@maryland.gov https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-Solicitations-IFB-v3.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-Solicitations-IFB-v3.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-Solicitations-IFB-v3.pdf

(BCJJC) Page iv of 57

Contract Type: Firm Fixed Price (Fixed quantity with fixed unit prices)

Primary Place of

Performance:

Department of Juvenile Services:

Baltimore City Juvenile Justice Center

300 N. Gay Street

Baltimore, MD 21202

SBR Designation or

Preference:

No

Federal Funding: No

(BCJJC) Page v of 57

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 End of Contract Transition

3.3 Invoicing

3.5 Liquidated Damages

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

3.13 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference/Site Visit

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 BPO as a Contract

4.8 Receipt, Opening and Recording of Bids

4.9 Confidentiality of Bids / Public Information Act Notice

4.10 Award Basis

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4.11 Tie Bids

4.12 Duration of Bids

4.13 Revisions to the IFB

4.14 Cancellations

4.15 Incurred Expenses

4.16 Protest/Disputes

4.17 Bidder Responsibilities

4.18 Acceptance of Terms and Conditions

4.19 Bid/Proposal Affidavit

4.20 Contract Affidavit

4.21 Compliance with Laws/Arrearages

4.22 Verification of Registration and Tax Payment

4.23 False Statements

4.24 Payments by Electronic Funds Transfer

4.25 Prompt Payment Policy

4.26 Electronic Procurements Authorized

4.27 MBE Participation Goal

4.28 VSBE Goal

4.29 Living Wage Requirements

4.30 Federal Funding Acknowledgement

4.31 Conflict of Interest Affidavit and Disclosure

4.32 Non-Disclosure Agreement

4.33 HIPAA - Business Associate Agreement

4.34 Nonvisual Access

4.35 Mercury and Products That Contain Mercury

4.36 Location of the Performance of Services Disclosure

4.37 Department of Human Services (DHS) Hiring Agreement

4.38 Small Business Reserve (SBR) Procurement

4.40 Use of Contractor’s Form Not Binding on State

4.41 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 Two Part Submission

5.2 Labeling

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5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment M. Contract

Attachment N. Contract Affidavit

Appendix 1. Abbreviations and Definitions

Appendix 2 Bidder Information Sheet

Appendix 3 Company Profile

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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 Prior to submitting a bid for the work covered by the specifications for this solicitation, the successful Bidder must have: a) a minimum of three (3) consecutive years of its entity being formed and in business; and b) a minimum of three (3) complete and consecutive years, within the last ten (10) years, of successful turnstile installation service performance comparable in scope, type, size, magnitude, and complexity as specified in this IFB.

The Bidder shall submit with its bid response on the Company Profile ( Appendix 3) a minimum of three (3) references of companies or organizations for which the Bidder provided services in scope, type, size, magnitude and complexity comparable to those specified in the Scope of Work. Each reference shall be from a client for whom the Bidder has provided services within the past ten (10) consecutive years and shall include the following:

a. Name and complete address of business or company;

b. Name of the contact person, email address, and current phone number;

c. Term and length of each contract;

d. Size and type of facility (square footage);

e. Type of services provided;

f. Names of supervisory personnel who performed under the contract, specifying the length and type of experience of each such personnel; and

g. Contract value.

The Department reserves the right to request additional references or utilize references not provided by a Bidder.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Juvenile Services (DJS or Department) is issuing this Multi-Step Invitation for Bids (MS-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 Department. DJS is seeking a qualified and experienced Contractor to provide the necessary permits, hardware, and access control software to furnish and install three (3) drop arm, waist high turnstile gates that are ADA complaint. The Contractor shall install the turnstile gates at the Baltimore City Juvenile Justice

Center (BCJJC), 300 North Gay Street, Baltimore, Maryland 21202. The turnstile gates shall be located at the first floor, main lobby entrance.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this MS-IFB, from a

Contract between the selected Bidder and the State.

2.1.3 The Department intends to make a single award for the work under this MS-IFB. See MS-IFB

Section 4.10 Award Basis for more Contract award information.

2.1.4 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder

(the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.1.5 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.

2.1.6 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 Department operates and manages the Baltimore City Juvenile Justice Center (BCJJC), a multi-purpose juvenile justice building, located at 300 North Gay Street, Baltimore, Maryland

21202. BCJJC serves as a centralized regional intake, assessment, court, and detention facility for

Baltimore City. The facility includes circuit court rooms, juvenile master hearing rooms and various offices for attorneys, law enforcement, social services and DJS employees, who perform intake and assessment services for the youth brought into the juvenile system. DJS also operates a secure detention center for male youth within BCJJC.

The State is issuing this solicitation to procure three (3) turnstile gates for the security and safety of individuals entering BCJJC. The three (3) turnstiles shall be installed on the first floor, main lobby of BCJJC.

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2.2.1 State Staff and Roles

a) In addition to the Procurement Officer, the Contractor shall have contact with the Contract

Monitor and Maintenance Supervisor or designee to review the turnstiles specifications before turnstiles are delivered and installed.

2.2.2 Other State Responsibilities

a) The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract.

b) The State is responsible for providing required information, data and documentation to facilitate the Contractor’s performance of the work, and will provide such additional assistance and services as is specifically set forth.

2.3 Responsibilities and Tasks

2.3.1 General Requirements

The Contractor shall provide turnstiles that meet the following specifications:

a) A proximity or proxy access control system that is compatible with the Department’s existing ID Badge card system: Vanderbilt Access Control ID Badge card system;

b) Bi-directional entry control (controlled entry, controlled exit) with access by badge;

c) Drop-arm, waist-high turnstiles (plexiglass turnstiles are not accepted);

d) Fire alarm compatible turnstiles that will connect to the fire alarm system;

e) Ability to detect unauthorized pedestrian movement and tailgating;

f) Audio and visual alarm in the event of an invalid entry;

g) Card reader recording of entrance and exit with the ability to provide an accessible report;

h) A touch screen remove/release panel located at the security desk;

i) Sleep function capability to save energy;

j) Sensors; which detect visitors approaching.

2.3.2 Training

A. Provide a one-time training to the Contract Monitor or designee on how to operate the turnstiles;

B. The Contractor shall provide all instructional manuals for the turnstiles.

2.3.4 Contractor’s Responsibility

A. The Contractor shall adhere to the latest proclamations and orders issued by Governor Larry

Hogan related to COVID-19 which can be found by clicking the following link https://governor.maryland.gov/covid-19-pandemic-orders-and-guidance/ and the MDH

Recommendations for Social Distancing: https://coronavirus.maryland.gov/#FAQ.

https://governor.maryland.gov/covid-19-pandemic-orders-and-guidance/ https://coronavirus.maryland.gov/#FAQ

(BCJJC) Page 4 of 57

B. The Contractor shall provide a minimum of two (2) year workmanship warranty including, but not limited to on-site service, repairs, parts, and replacement of the turnstiles.

C. Turnstiles shall be installed on a weekday from 5:00 p.m. - 11:00 p.m. or a Saturday/Sunday from 8:00 a.m. – 5:00 p.m..

D. The Contractor shall be responsible for cleanup and removal of all trash after installation of turnstiles.

E. Inspection, testing, and all final adjustments of the turnstiles are to be completed upon installation.

F. The Contractor shall furnish and configure all hardware, equipment, software, electrical

(wiring), sealants/seals required to install turnstiles.

G. Each area where the turnstiles shall be installed measures at approximately 40 inches wide by 42 inches high. The Contractor shall be responsible for accurate measurements.

2.3.5 State’s Responsibility

A. The State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said parts. The State shall reimburse the Contractor at his cost for part cost only. The State reserves the right to selectively audit the Contractor’s invoices in order to verify the cost price for said parts. The Contractor shall submit documentation for part(s) cost with invoice for reimbursement. Payment will not be made to the Contractor without the backup documentation.

B. The State reserves the right to purchase directly any necessary part(s) to be installed by the contractor for Emergency and Major Repairs.

C. Part cost or labor in excess of $500.00 per incident is considered Major Repairs. The State reserves the right to seek competitive bids for the purchase of any needed part considered a

Major Repair. The Awardees of the contract shall work cooperatively with any contractor hired by the State.

2.3.6 Disputes Arising from Reductions:

a. Should the Contractor dispute the validity of a reduction determination made by the Contract

Monitor, he may appeal the reduction to the Contract Monitor within seven (7) calendar days of receiving notice of the reduction.

b. The Contract Monitor will review the reduction and make a written determination as to its validity within seven (7) days of the receipt of the appeal from the Contractor.

c. Should the Contractor disagree with the decision of the Contract Monitor, the Contractor may appeal the Contract Monitor decision to the Procurement Officer within seven (7) calendar days of the receipt of the Manager's decision.

c. The Procurement Officer shall review all documentation, evidence and arguments of the

Contractor and the Contract Monitor and make a written determination as to the validity of the reduction within seven (7) days of receiving the appeal from the Contractor.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date.

3.2 End of Contract Transition

THIS SECTION IS INAPPLICABLE TO THIS MS-IFB.

3.3 Invoicing

3.3.1 General

a) The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and Procurement Officer at e-mail address:

stacia.dashiell@maryland.gov and deja.bracey1@maryland.gov.

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

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 Contract number;

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.

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.

The Department reserves the right to reduce or withhold Contract payment in the event the

Contractor does not provide the Department 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.

Any action on the part of the Department, 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.

mailto:stacia.dashiell@maryland.gov mailto:deja.bracey1@maryland.gov.

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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.

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.

3.3.2 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

a) For items of work for which there is one-time pricing (see Attachment B –Bid Form) those items shall be billed in the month following the acceptance of the work by the Department.

b) For items of work for which there is annual pricing, see Attachment B–Bid Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

3.3.3 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 quantity of items delivered is less than the quantity ordered;

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

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

h) 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

i) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the

Contract and compliance with its provisions.

3.4 Travel Reimbursement

Travel will not be reimbursed under this MS-IFB.

3.5 Liquidated Damages

3.5.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this MS-IFB.

3.5.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS MS-IFB.

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3.6 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:

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

a) Commercial General Liability - limits sufficient to cover losses resulting from, or arising out of, Contractor action or inaction in the performance of the Contract by the Contractor, its agents, servants, employees, or subcontractors, but no less than a Combined Single Limit for

Bodily Injury, Property Damage, and Personal and Advertising Injury Liability of $100,000 per occurrence and $300,000 aggregate.

b) Fidelity Bond – Contractor's employees shall be bonded by a company approved by the

Maryland Insurance Commissioner to issue such bonds in Maryland. The bond or bonds shall protect the State against loss by theft of money or other property from the premises to which the State or others may sustain as a result of any fraudulent or dishonest act of

Contractor's employee, acting alone or in collusion with others, during the term of the contract. Said bond or bonds shall have a limit of $2,500 per occurrence, per employee.

Contractor must deliver said bond or bonds to the State no later that time of award.

c) Worker’s Compensation - The Contractor shall maintain such insurance as necessary and/or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’

Compensation Act, and the Federal Employers’ Liability Act.

d) Commercial Truck Insurance - The Contractor shall maintain 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.

e) 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. On the Certificate of Liability, the

“DESCRIPTION OF OPERATIONS” shall read as follows:

“INSTALLATION OF TURNSTILES at the BALTIMORE CITY JUVENILE

JUSTICE CENTER (BCJJC) 300 N. GAY STREET, BALTIMORE, MD 21202. THE

STATE OF MARYLAND IS INCLUDED AS AN ADDITIONAL INSURED SOLELY

WITH RESPECT TO THE OPERATIONS AND ACTIVITIES OF THE NAMED

INSURED”. 20-MX-013 and CONTRACTOR.

3.6.2 All insurance policies shall be endorsed to include a clause that requires that the insurance carrier provide the Contract Monitor, by certified mail, not less than 45 days’ advance notice of any non-renewal, cancellation, or expiration. In the event the Contract Monitor receives a notice of non-renewal, the Contractor shall provide the Contract Monitor with an insurance policy from another carrier at least 30 days prior to the expiration of the insurance policy then in effect. All insurance policies shall be with a company licensed by the State to do business and to provide such policies. Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.6.3 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.

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3.6.4 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.

3.7 Security Requirements

The following requirements are applicable to the Contract:

3.7.1 Employee Identification

a) Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor

Personnel shall provide additional photo identification.

b) Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

c) Contractor shall remove any Contractor Personnel from working on the Contract where the

State determines, in its sole discretion that Contractor Personnel has not adhered to the

Security requirements specified herein.

d) 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.

3.7.2 Security Clearance / Criminal Background Check

a) The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS)

State and federal criminal background check, including fingerprinting, for all Contractor

Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

b) Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

c) The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property);

2) any crime within Title 7, Subtitle 1 (various crimes involving theft);

3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics);

4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);

5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or

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6) a crime of violence as defined in CL § 14-101(a).

d) Contractor Personnel with access to systems supporting the State or to State data who have been convicted of a felony or of a crime involving telecommunications and electronics from the above list of crimes shall not be permitted to work on State premises under the Contract;

Contractor Personnel who have been convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on State premises.

e) A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

3.7.3 On-Site Security Requirement(s)

a) For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor

Personnel to be accompanied while in secured premises.

2) Some State sites, especially those premises of the Department of Public Safety and

Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the

Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

b) Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the

Department may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the

Department.

c) Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-

410 through 9-417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

3.8 Problem Escalation Procedure

3.8.1 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.

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3.8.2 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.

3.8.3 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, 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.

3.8.4 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.

3.9 SOC 2 Type 2 Audit Report

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

3.10 Minority Business Enterprise (MBE) Reports

MBE Reports are not a requirement for this contract.

3.11 Veteran Small Business Enterprise (VSBE) Reports

VSBE Reports are not a requirement for this contract.

3.12 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS MS-IFB.

3.13 Additional Clauses

THIS SECTION IS INAPPLICABLE TO THIS MS-IFB.

(BCJJC) Page 11 of 57

4 Procurement Instructions

4.1 Pre-Bid Conference/Site Visit

4.1.1 A Pre-Bid/Site Visit conference (Conference) will be held at the date, time, and location indicated on the Key Information Summary Sheet.

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 to ensure that all parties understand the requirements of the contract and the MBE

Goal.

4.1.4 MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

4.1.5 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).

4.1.6 Those wishing to attend the web conference may request a meeting invitation by emailing Deja

Bracey at deja.bracey1@maryland.gov no later than 2:00 PM on January 8, 2021. An invitation e-mail is required for registration, and therefore attendance. Upon receipt of the email, the

Procurement Officer will reply with a registration email with a link that may be used to register for the conference. Registration must be completed by 10:00 AM January 12, 2021.

As a result of the state of emergency due to the Coronavirus (COVID-19), the Pre-Bid

Conference for this project will be conducted via conference call/video on January 12, 2021 at

11:00 AM. Please refer to Key Information Summary Sheet for meeting and RSVP information. Prospective Bidders must RSVP for the Pre-Bid Conference in order to be scheduled for the Site Visit. The Contract Monitors must be given enough notice to coordinate adequate safety measures.

The Site Visits will be held in accordance with the Order of the Governor of the State of

Maryland Number 20-03-30-01, Amending and Restating The Order Of March 23, 2020, Prohibiting Large Gatherings And Events And Closing Senior Centers And All Non-

Essential Businesses And Other Establishments, And Additionally Requiring All Persons To

Stay At Home: https://governor.maryland.gov/wp-content/uploads/2020/03/Gatherings-

FOURTH-AMENDED-3.30.20.pdf and the MDH Recommendations for Social Distancing:

https://coronavirus.maryland.gov/#Prevention.

During the Site Visit, prospective Bidders will have an opportunity to access the work site and take all measurements needed. The Site Visit is scheduled for January 13, 2021 at 11:00 AM and will take place at Baltimore City Juvenile Justice Center, 300 N. GAY STREET, BALTIMORE, MD 21202. Only one representative per vendor may attend.

mailto:deja.bracey1@maryland.gov https://governor.maryland.gov/wp-content/uploads/2020/03/Gatherings-FOURTH-AMENDED-3.30.20.pdf https://governor.maryland.gov/wp-content/uploads/2020/03/Gatherings-FOURTH-AMENDED-3.30.20.pdf https://coronavirus.maryland.gov/#Prevention

(BCJJC) Page 12 of 57

Prospective Bidders may submit written questions to the Director of Facility Maintenance and the

Contract Monitor during the Site Visit. All questions will be forwarded to the Procurement

Officer.

As promptly as is feasible subsequent to the Pre-Bid Conference and Site Visit, a summary of the

Conference and all questions and answers known at that time will be distributed to all prospective

Bidders known to have received a copy of this MS-IFB.

In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Procurement Officer no later than January

8, 2021 at 2:00 PM. The Department will make a reasonable effort to provide such special accommodation.

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland. The MS-IFB, Conference summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

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, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title 20-MX-013- Turnstiles at

Baltimore City Juvenile Justice Center (BCJJC), and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid due date no later than the date and time specified the Key Information Summary Sheet. 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.

4.3.2 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for MS-IFB amendments, and posted on eMMA.

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 Procurement Method

A Contract will be awarded in accordance with the Multi-Step Competitive Sealed Bidding method under COMAR 21.05.02.17.

4.5 Bid Due (Closing) Date and Time

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

Procurement Officer no later than the Bid due date and time indicated on the Key Information

Summary Sheet in order to be considered.

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

https://procurement.maryland.gov/

(BCJJC) Page 13 of 57

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the

Procurement Officer. 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.

4.5.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

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

4.5.6 Bids may not be submitted by facsimile. Bids will be opened publicly at the date and time indicated on the Key Information Summary Sheet.

4.5.7 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).

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 BPO as a Contract

The Blanket Purchase Order (BPO) issued as a result of the Multi-Step Invitation for Bid (MS-

IFB) and any subsequent amendments, modifications or options issued relevant to the MS-IFB or

BPO, shall comply with all of the terms, conditions and specifications issued with the MS-IFB and are incorporated in and made part of the BPO.

4.8 Receipt, Opening and Recording of Bids

4.8.1 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.

4.8.2 Bids shall be opened publicly, at the time, date and place designated in the MS-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.

4.9 Confidentiality of Bids / Public Information Act Notice

4.9.1 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.

4.9.2 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

(BCJJC) Page 14 of 57 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.

4.9.3 For requests for information made under the PIA, the Procurement Officer 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.

4.10 Award Basis

4.10.1 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 MS-IFB Section 6 for Bid evaluation and award information.

4.10.2 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 Officer; 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.

4.11 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.12 Duration of Bids

Bids submitted in response to this MS-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 MS-IFB is finally resolved. This period may be extended at the Procurement Officer’s request only with the

Bidder’s written agreement.

4.13 Revisions to the IFB

4.13.1 If the MS-IFB is revised before the due date for Bids, the Department shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this MS-IFB or are otherwise known by the Procurement Officer 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.

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

4.13.3 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.

4.14 Cancellations

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

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4.14.2 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).

4.14.3 If the services that are the subject of the MS-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 MS-IFB may be cancelled in accordance with Md. Code Ann., State Finance and

Procurement Art., § 3-207(b)(2).

4.15 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.

4.16 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).

4.17 Bidder Responsibilities

4.17.1 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.

4.17.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this

MS-IFB (see Section 4.27 “MBE Participation Goal” and Section 4.28 “VSBE Goal”).

4.17.3 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.

4.17.4 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 value of the parent’s participation as determined by the State.

4.18 Acceptance of Terms and Conditions

By submitting a Bid in response to this MS-IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this MS-IFB and the Contract, attached hereto as Attachment M. Any exceptions to this MS-IFB or the Contract must be raised prior to

(BCJJC) Page 16 of 57

Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the

Bidder may result in Bid rejection.

4.19 Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment C of this MS-IFB.

4.20 Contract Affidavit

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful

Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment N of this MS-IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing

Section “B” of this Affidavit (Certification of Registration or Qualification with the State

Department of Assessments and Taxation), a business entity…