20260505_MTC_Fan_Coil_Unit_Install_IFB_FINAL.pdf

IFB for Department of Public Safety and Correctional Services

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY

CORRECTIONAL SERVICES

INVITATION FOR BIDS

Fan Coil Unit (FCU) in Room 411 Furnishing and Installation Services at the

Metropolitan Transition Center (MTC)

IFB NUMBER: BPM055877

ISSUE DATE: 5/5/2026

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the State of Maryland Small Business Reserve Program are eligible for award of a contract.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED

TO RESPOND TO THIS SOLICITATION

SP 07.2017

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NOTICE TO VENDORS

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Sheet below for contact information).

Title: Metropolitan Transition Center (MTC) Fan Unit Furnishing and Installation Services

Solicitation No: BPM055877

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 of Maryland is simply too complicated. (Explain in REMARKS section.)

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

( ) Time allotted for completion of the Bid/Proposal is insufficient.

( ) Start-up time is insufficient.

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

( ) Bid/Proposal 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: __________________________________________________________________________

IFB for Department of Public Safety and Correctional Services

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES

IFB KEY INFORMATION SUMMARY SHEET

Invitation For Bid:

Metropolitan Transition Center (MTC) Fan Coil Unit Furnishing & Installation Services

IFB Issue Date: 05/05/2026 Solicitation No.: BPM055877

Issuing Office: Department of Public Safety and Correctional

Services (DPSCS or the "Department")

Procurement Officer:

Mamie Boglin Procurement Officer Department of Public Safety and Correctional Services Office of Procurement Services 6776 Reisterstown Road, Baltimore, MD 21215

Mamie.Boglin@maryland.gov

410-478-3379

Scheduled Site Visit: 05/13/2026 at 10:00am EDT

Site Visit Location:

Metropolitan Transition Center (MTC) 954 Forrest St.

Baltimore, Maryland 21202

Please inform the Procurement Officer, Mamie Boglin if you plan to attend the site visit on 05/08/2026 at 12:00pm EDT at:

Mamie.Boglin@maryland.gov

Please note that you may be required to sign necessary forms prior to entry. No tobacco products, matches, or lighters may be brought into the facility. Cash upon entry may not exceed $50. Absolutely no cell phones are permitted. The Government point of contact on site may provide pictures upon request to interested vendors.

Please call Lt. Doyle Ham at 443-834-0127 if there any issues.

mailto:Mamie.Boglin@maryland.gov

Bid Submittal:

Bid Due Date and Time:

Submit on eMMAa.maryland.gov under Solicitation Number BPM055877 To submit a bid, bidders must first register on eMMAa.maryland.gov. We recommend registering in advance to become acquainted with the site.

05/27/2026 at 2:00pm EDT

Procurement Method: A Contract will be awarded in accordance with the Small Procurement Method, Category III under COMAR 21.05.07.

Contract Type:

Firm Fixed Price

Contract Duration:

One Time Purchase Approximately 45 Days From Date of Award

Primary Place of Performance: Metropolitan Transition Center (MTC) 954 Forrest St., Room 411 Baltimore, Maryland 21202

SBR Designated: Yes

Contract Monitor:

Lt. Doyle Ham Doyle.ham@maryland.gov 443-834-0127

Secondary Contact:

Lt. Charles Walker charlese.walker@maryland.gov 410-230-1619

Questions Due Date: 05/14/2026 at 3:00pm EDT

All questions must be e-mailed to the procurement officer no later than 05/14/2026 at 3:00pm EDT at mamie.boglin@maryland.gov.

All answers will be released as an amendment before the bid due date.

ALL INQUIRIES PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED TO

THE PROCUREMENT OFFICER IDENTIFIED ABOVE.

mailto:Doyle.ham@maryland.gov mailto:charlese.walker@maryland.gov mailto:mamie.boglin@maryland.gov

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NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve procurement for which award is limited to certified small business vendors. Only businesses that meet the requirements set forth in State Finance and Procurement Article, §§14-501 - 14-505, Annotated Code of Maryland, and who are registered with the Department of General Services Small Business Reserve Program are eligible for award. For the purposes of a Small Business Reserve procurement, a small business is a for profit business, other than a broker, that meets the following criteria:

• Independently owned and operated.

• Not a subsidiary of another business.

• Not dominant in its field of operation.

AND

• Its wholesale operations did not employ more than 50 persons.

• Its retail operations did not employ more than 25 persons.

• Its manufacturing operations did not employ more than 100 persons.

• Its service operations did not employ more than 100 persons.

• Its construction operations did not employ more than 50 persons.

• The architectural and engineering services of the business did not employ more than 100 persons.

OR

• The gross sales of the wholesale operations of the business did not exceed an average of $4,000,000 in its most recently completed three fiscal years.

• The gross sales of the retail operations of the business did not exceed an average of $3,000,000 in its most recently completed three fiscal years.

• The gross sales of the manufacturing operations of the business did not exceed an average of $2,000,000 in its most recently completed three fiscal years.

• The gross sales of the service operations of the business did not exceed an average of $10,000,000 in its most recently completed three fiscal years.

• The gross sales of the construction operations of the business did not exceed an average of $7,000,000 in its most recently completed three fiscal years.

• The gross sales of the architectural and engineering services of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.

If a business has not existed for three years, the employment and gross sales average(s) is the average for each year or part of a year during which the business has been in existence.

Further information on the certification process is available at eMaryland Marketplace Advantage https://emma.maryland.gov/ https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2Fpage.aspx%2Fen%2Fbuy%2Fhomepage

SECTION 1 - SPECIFICATIONS

1.1 OBJECTIVE

The Maryland Department of Public Safety and Correctional Services (DPSCS or Department) is soliciting bids from qualified contractors to provide all labor, materials, and equipment necessary to perform furnishing and installation of a fan coil unit in Room 411 at the Metropolitan Transition Center (MTC) for a performance period not to exceed 45 days from date of award.

1.2 BASIS OF AWARD

This procurement is being conducted under Small Procurement Regulations as set forth in Code of Maryland Regulations (COMAR) 21.05.07. The basis of award shall be the most favorable bid price.

In the event of tie bids, the provisions of COMAR 21.05.02.14 shall determine the successful bidder.

1.3 BID SUBMITTAL INFORMATION

All bids, affidavits, and/or responses to attachments shall be submitted through eMaryland Marketplace Advantage (eMMA) under the eMMA solicitation number listed on the Key Information Sheet. Bids will be only accepted via the State’s internet-based electronic procurement system, eMMA.

Bids must be uploaded into eMMA by the due date and time in the key information summary sheet or it will be rejected as not responsive.

Please complete ALL fields on the eMMA pricing grid. Do not leave any fields blank. If fields are left blank, your bid will be disqualified.

Attachments and Documents Required with the Bid A Bidder must include the following Attachments with its Bid as a single Bid Package:

Attachments A through C. Bids may be rejected if a required Attachment is not submitted or is incomplete. Failure to submit or properly complete Attachment A, Bid Sheet, shall result in a rejection of the Bid.

Bidders must provide their Bids in one submission through eMMA following the Quick Reference Guides (QRG) labeled “ - Responding to Solicitations IFB – (Vendor)” for single envelope submissions.

Multiple or alternate bids will not be accepted.

If an amendment and a new round are submitted, you must re-submit your bid.

1.4 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (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.

https://mdprocurement.freshdesk.com/support/solutions/articles/70000592965-responding-to-solicitations-ifb-vendor-

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Each Bidder is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number on the bid form at the time of its submission to this IFB.

In order to submit a bid and / or to receive a contract award, a vendor must be registered on eMMA.

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

1.5 SCOPE OF WORK / DETAILED SPECIFICATIONS

1.5.1 The DPSCS’s Maryland Department of Public Safety and Correctional Services (DPSCS or

Department) is requesting the following:

1.5.2 This is a “firm fixed price contract” meaning a fixed price contract that provide a price that is not subject to adjustment because of variations in the contractor’s cost with a performance period duration of 45-Days from date of award.

1.5.3 Contract will remain in effect for the time period and quantity specified unless the contract is terminated by the State for default or for convenience. The State may terminate the contract for convenience in accordance with COMAR 21.05.07.06.G(8).

1.5.4 Contractor must have experienced and qualified personnel who are able to perform the requested services.

1.5.5 The contractor is responsible for all costs related to subcontractors needed for scheduled preventive inspections or unscheduled repairs

1.5.6 The contractor will be escorted throughout the facility to facilitate the services.

1.5.7 The State will provide normal office working facilities and equipment reasonably necessary for

Contractor performance under the Contract

1.5.8 All systems and all equipment listed must be serviced, inspected, and tested in accordance all relevant NFPA codes and standards.

1.5.9 Specifications

1.5.9.1 Detailed Specifications:

The Maryland Metropolitan Transition Center (MTC) located at 954 Forrest Street in Baltimore, Maryland, requires services to install a fan coil unit (FCU) to serve the pre-existing approximate 420 square feet area in room 411. The system will provide both heating and air conditioning for the area that includes Incarcerated Individuals (II’s) in order to protect personnel from outside environmental conditions. Throughout the project, the Contractor must have a representative present on-site who is fluent in English, responsible for the entire project, and capable of communicating with the State representative.

All work must comply with local codes and regulations. The “scope of work” specified for this project must be followed, with general supervision provided by the DPSCS Maintenance Staff.

https://emma.maryland.gov/page.aspx/en/bas/browser_check

The Contractor shall be responsible for the below services:

1.5.9.1.1 Furnish Fan Coil Unit (FCU):

The Contractor shall furnish a complete FCU with manufacturer’s warranty for parts and Contractor’s one (1) year warranty for labor capable of providing both heating and cooling for MTC Rm 411.

a. Prior to installation:

The Contractor is responsible for submitting a detailed submittal package for facility approval.

This package must include the make and model of the with stated warranties for labor and parts, the total power draw for the system, and the proposed placement of the FCU clearly marked.

b. Warranty: The Contractor shall warrant newly installed parts which they provide for one year or the manufacturer’s warranty period, whichever is longer. The Contractor shall warrant workmanship (labor) for a period of 365 days.

c. Qualifications:

a. The Contractor shall be in compliance with nationally recognized standards, including:

• National Fire Protection Association;

• National Electrical Code;

• American National Standards Institute (ANSI); and

• Underwriters Laboratories Inc. (Ul)

d. The Contractor shall ensure that a Master Electrician licensed in the State of Maryland is available and on-site at all times when electrical installation or related work is being performed under this contract. The Contractor shall provide documentation of the Master Electrician’s valid license.

1.5.9.1.2. Install Fan Coil Unit (FCU):

a. Installation of the FCU shall include the proper placement of the indoor unit as marked on facility-approved drawings, concealed in an all-in-one FCU that supplies heating and cooling.

Refrigerant lines must be routed and sealed according to energy efficiency and safety standards.

b. All electrical work must be coordinated with the facility to ensure compatibility with the existing power supply and must comply with applicable electrical codes. The Contractor is required to follow all manufacturer installation specifications and ensure full compliance with federal, state, and local regulations, including OSHA, NFPA, and Maryland COMAR requirements.

c. Upon completion of installation, the FCU must undergo functional testing, commissioning, and verification to confirm proper operation and documentation provided to the contract monitor.

The Contractor is also responsible for cleanup.

1.5.9.1.3 Work-site Clean-up:

Vendor shall clean-up the work-site.

a. Contractor shall ensure any debris in the area is removed upon completion of service.

b. Cleaning and removing any trash, tools, scaffolding equipment and uninstalled materials from the work area.

c. Upon completion of the construction the Contractor shall leave the work and premises in a clean, neat and workmanship condition satisfactory to the Maintenance Supervisor or his designee.

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1.5.9.2 Environmental Specifications:

Installing a fan coil unit (FCU) in Maryland requires adherence to energy efficiency, indoor air quality, and safety regulations. Key requirements include proper sizing via Manual J calculations, condensate disposal to prevent mold, and integrating mechanical ventilation to meet ASHRAE 62.1/62.2 standards. Maryland also emphasizes reducing emissions and using energy-efficient equipment under state energy codes.

1.5.9.2.1 REQUIREMENTS

a. Where the Contractor uses packaging in addition to manufacturer packaging, the Contractor is encouraged to select packaging that minimizes or eliminates the use of disposable containers and/or incorporates recycled content and is easily recyclable through the State’s contracted recycling programs. The Contractor shall avoid the use of polystyrene foam packaging (e.g., peanuts) and other difficult-to-recycle packaging materials. Where appropriate, Contractor packaging using reusable crates or reusable pallets is preferred over boxed packaging.

For corrugated cardboard packaging (also known as containerboard packaging), the Contractor is encouraged to use versions that contain a minimum of 25% by weight of post-consumer materials, which is the minimum post-consumer content level for packaging specified by the U.S.

Environmental Protection Agency Comprehensive Procurement Guidelines.

b. HVAC systems shall increase the percentage of outdoor air - using economizer modes of HVAC operations and opening dampers - to potentially as high as 100% as conditions permit.

Before increasing outdoor air percentage, verify compatibility with HVAC system capabilities for both temperature and humidity control as well as compatibility with outdoor/indoor air quality considerations.

c. In line with the International Green Construction Code (IGCC) adopted by the State of Maryland, the following products are required to be 15% more efficient in performance than the standards set by the International Energy Conservation Code (IECC) to the maximum extent practicable using the most recent version of the IECC in effect at the time of fan coil units. Fan coil units (FCUs) are primarily covered under the Commercial Mechanical Systems section of the IECC, specifically Section C403.

1.6 INVOICING AND PAYMENTS

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

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

• Contractor name and address;

• Remittance address;

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

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

• Invoice date;

• Invoice number;

• State assigned Contract number;

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

• Goods or services provided;

• Amount due; and

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• Any additional documentation required by regulation or the Contract.

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

All invoices are to be submitted to the following email address dpscs.accountspayable@maryland.gov

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

INVOICING SCHEDULE

For items of work for which there is one-time pricing (see Attachment A –The Price Form), those items shall be billed in the month following the acceptance of the work by the State.

1.7 BID INSTRUCTIONS

A. The Bidder shall ensure that a Master Electrician licensed in the State of Maryland is available and on-site at all times when electrical installation or related work is being performed under this contract. The Bidder should provide documentation of the Master Electrician’s valid license with its Bid.

B. Do not alter the Price Form or the Bid may be determined to be not responsive.

1.8 NO BID NOTICE

The Department is committed to providing solicitations that are readily and easily responded to. If you choose not to respond to this solicitation, please fill out the form provided in this solicitation and email it to the Procurement Officer indicated in the key information sheet. We will review your responses and suggestions.

1.9 SECURITY REQUIREMENTS

1.9.1 The State will obtain a criminal background check for each individual using a source of its choosing.

1.9.2 All Contractor or Subcontractor personnel performing work on or visiting the site must pass a criminal background check before commencing any work. This requirement also applies to any new personnel hired by the Contractor or Subcontractor during the contract term.

1.9.3 The Contract Monitor reserves the right to reject any individual based upon the results of the background check.

1.9.4 The Contractor is expected to fully cooperate with Escorting Officer(s) and comply with their directions to ensure the security of the Facility is maintained at all times.

1.9.5 All persons entering and leaving the Facility shall be subjected to security procedures. At no time will anyone be permitted to give anything to any Incarcerated Individuals. Smoking or the use of any tobacco product or associated materials (matches, lighters, cigarette papers, etc.) is prohibited from entering the institution.

mailto:dpscs.accountspayable@maryland.gov

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1.9.6 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.

1.9.7 Contractor Personnel may be subject to random security checks when entering and leaving State secured areas and may be barred from entrance or exit until such time that the State’s conditions and queries are satisfied. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

1.9.8 Contractor Personnel shall always have an inventory of tools being brought onto a site and be prepared to present the inventory, as well as the tools or equipment, to the State staff or an officer for review and inspection. Before leaving the site, the Contractor Personnel may again be required to present the inventory list and the tools or equipment for inspection. Upon both entering and exiting the site, State staff or a correctional or police officer may search Contractor Personnel.

1.9.9 Contractors shall wear a company uniform and identification while performing services on Facility grounds.

1.9.10 All cell phones and laptops needed to perform the service must be approved by the Chief of Security.

1.9.11 Contractor personnel are only allowed entry to the institution once all the necessary forms are signed and submitted to the contract monitor.

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK

SECTION 2 – MANDATORY TERMS AND CONDITIONS

2.9 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and amendments thereto will be made a part of the final contract which will be in the form of a blanket purchase order (“BPO”) or purchase order (“PO”). See Section 2.16. By submitting a bid in response to this solicitation, the Bidder, if selected for award as the Contractor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO.

2.10 TAX EXEMPTION

The Department is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

2.11 SPECIFICATIONS

All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in this solicitation.

2.12 DELIVERY AND ACCEPTANCE

2.12.1 Delivery shall be made in accordance with the solicitation specifications. The Department, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The Department unilaterally may order in writing the suspension, delay or interruption of performance hereunder.

2.12.2 The Department reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Unless otherwise stated in the specifications, materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced.

2.12.3 The Department reserves the right to purchase replacement materials in the open market.

Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

2.12.4 If the Contractor fails to make delivery in accordance with its quoted time frame, and the Department is required to obtain the needed goods or services on the open market, the Contractor shall be liable for any excess costs to the Department.

2.13 INTELLECTUAL PROPERTY

Contractor agrees to indemnify and save harmless the State, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this Contract.

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2.14 MARYLAND LAW PREVAILS

The law of Maryland shall govern the interpretation and enforcement of this Contract.

2.15 CHANGES

This Contract may be amended only with the written consent of both parties. Amendments may not significantly change the scope of the Contract (including the Contract price).

2.16 DISPUTES

Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

2.17 TERMINATION FOR NON-APPROPRIATION

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

2.18 TERMINATION FOR DEFAULT

If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination.

Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

2.19 TERMINATION FOR CONVENIENCE

The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A (2).

2.20 NONDISCRIMINATION

The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

2.21 ITEMS OF MERCURY CONTENT

To the extent this solicitation is for products that may contain mercury, there is a price preference for products that are mercury free. The price preference shall not exceed 5 percent of the bid price for products that are mercury free or for products containing the least amount of mercury.

2.22 COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that:

2.22.1 It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

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2.22.2 It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;

2.22.3 It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and

2.22.4 It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

2.22.5 The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

2.23 BID AFFIDAVIT

Each bidder shall execute and attach to the bid or proposal the affidavit included with this solicitation.

2.24 BLANKET PURCHASE ORDER (BPO)/ PURCHASE ORDER AS CONTRACT

2.24.1 As used in this provision, a bid refers to a bid submitted under Small Procurement Regulations.

2.24.2 As used in this provision, a bidder refers to a bidder under Small Procurement Regulations.

2.24.3 As used in this provision, solicitation means an Invitation for Bids to bid for a procurement issued by the Maryland Department of Public Safety & Correctional Services.

2.24.4 The bidder’s execution and submission of a responsive bid constitutes a promise by the bidder to perform the contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period of 30 days or for such longer period as the bidder and the Department may agree.

2.24.5 Upon acceptance of a bid, the Procurement Officer may issue a Purchase Order (PO) and/ or

Blanket Purchase Order (BPO), in a form to be determined by the Department which substantially contains the terms and conditions of the solicitation. The PO/BPO constitutes the State’s acceptance of the bid and binds the bidder to a contract. The execution and issuance of a PO and/ or BPO by the Procurement Officer, subject to all necessary approvals, shall constitute acceptance of the bid and final award of the contract. The contract shall consist of the executed PO and/or BPO issued by the Procurement Officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the PO and/or BPO, the bid, or by operation of law, and the executed bid of the bidder. If the Procurement Officer issues a PO and/ or BPO, at the option of the Procurement Officer it will not be necessary for the bidder to execute the PO and / or BPO or any other form of contract or agreement. The bidder understands and agrees that the terms and conditions of the BPO/PO may not be waived. The Procurement Officer may require that the parties both execute a single document as the embodiment of the contract between the parties.

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2.24.6 In the event of a conflict between provisions of the contract documents, the controlling provisions shall be, in the following order, those of:

i. the PO and/ or BPO; then

ii. the solicitation; and then

iii. the bid.

2.25 ANTI-BRIBERY

The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

2.26 REGISTRATION OF FOREIGN CORPORATIONS

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the annotated Code of Maryland, corporations not incorporated in the State of Maryland shall be registered with the State Department of Assessments and Taxation, 700 E. Pratt St., Suite 270, Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.

2.27 CONTINGENT FEE

The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employer agency, any fee or other consideration contingent on the making of this agreement.

2.28 THE STATE OF MARYLAND’S COMMITMENT TO PURCHASING

ENVIRONMENTALLY PREFERRED PRODUCTS AND SERVICES (EPPS)

Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.

The State of Maryland is committed to purchasing environmentally preferable products and services (EPPs). Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

Contractors must comply with Maryland’s Green Purchasing Reporting Requirements. The State of Maryland reserves the right to request from the Contractor quarterly sales data over the life of this contract. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold on this price agreement per the contract specifications.

This information will enable Maryland State agencies to comply with Maryland’s State Finance & Procurement Article §14–405 of the Annotated Code of Maryland and COMAR 21.13.01.14, effective

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October 1, 2014, which requires Maryland state agencies to report to the Department of General Services on their procurement of environmentally preferable products and services.

2.29 PRE-EXISTING REGULATIONS

The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this contract are applicable to this contract.

2.30 INDEMNIFICATION

The State shall not assume any obligation to indemnify, hold harmless, or pay attorney’s fees that may arise from or in any way be associated with the performance or operation of this agreement.

2.31 ADDITIONAL QUANTITIES

The State reserves the right to solicit separate bids if a particular quantity requirement arises which exceeds the State’s normal requirements as provided in the solicitation or exceeds an amount specified in this contract.

2.32 NEW MATERIALS

All items shipped pursuant to this Purchase Order shall be new, never previously used, and the current model of the item unless specifically stated otherwise in this contract.

2.33 ASSIGNMENT

This Purchase Order and the monies which may become due hereunder are not assignable except with the prior written approval of the Procurement Officer.

2.34 DRUG AND ALCOHOL FREE WORKPLACE

The contractor warrants that the contractor shall comply with COMAR 21.11.08 Drug and Alcohol Free Workplace, and that the contractor shall remain in compliance throughout the term of this Purchase Order.

2.35 COMMERCIAL NONDISCRIMINATION POLICY

2.35.1 As a condition of entering into this Purchase Order, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under State Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Purchase Order and may result in termination of this Purchase Order, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is no enforceable by or for the benefit of, and creates no obligation to, any third party.

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2.35.2 The Contractor shall include this Section 2.30, Commercial Nondiscrimination Policy, in all subcontracts to the State contract.

2.35.3 As a condition of entering into this Purchase Order, upon the request of the Maryland

Commission on Human Relation, an only after the filing of a complaint against Contractor under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contract on each subcontract or supply contract.

Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State’s Commercial Nondiscrimination Policy as set forth under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Purchase Order and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

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ATTACHMENT A – BID SHEET

CONTRACTOR’S NAME:

CONTRACTOR’S FEDERAL ID NO.:

CONTRACTOR’S ADDRESS:

CONTACT PERSON’S NAME:

CONTRACTOR’S TELEPHONE NO.:

CONTRACTOR’S EMAIL ADDRESS:

CONTRACTOR’S MBE/ SBR NO.:

This form is to be completed in its entirety without alterations, exceptions or additions.

BPM055877 Metropolitan Transition Center (MTC) Fan Unit Furnishing and Installation Services Total Pricing Location: Metropolitan Transition Center (MTC), 954 Forrest Street in Baltimore, Maryland 21202 Contract Type: Firm Fixed Price Completion Time Line: Approximately within 45 days from Notice to Proceed Warranty: 1 Year on all Contractor Labor and Parts or Manufacturer’s Warranty on Parts whichever period is longer.

Total Cost of Labor and Materials: Furnish and Install a complete all-in-one Fan Coil Unit (FCU) in Rm 411 to include modifications required to integrate with pre-existing structure to include all required materials, fittings, electrical, and accessories necessary for installation & systems, proper disposal, and site clean-up.

Total Contract Price:

In addition, bid amounts must be submitted electronically through eMMA.

In the event of conflict, information entered on Attachment A (Bid Sheet) will prevail over any information entered separately through eMMA on price grid.

Note: This bid is based on a firm fixed price and does not guarantee a minimum or maximum quantity of work.

Representing the above Company

SIGNATURE*

Print Name & Title Date

*The person signing this Bid Sheet must be an Officer of the Company, authorized to contract on behalf of the Company or another authorized person whose proof of authority is hereby attached. (Please attach a notarized copy of said authorization to this Bid Proposal, i.e.; Corporate Resolution)

THE MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES RESERVES THE

RIGHT TO REJECT ANY AND ALL BIDS IN WHOLE OR IN PART.

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ATTACHMENT B – BID/ PROPOSAL AFFIDAVIT

BID/PROPOSAL AFFIDAVIT

I HEREBY AFFIRM THAT:

I (print name) _____________________ possess the legal authority to make this Affidavit.

A. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in §19- 103 of the State Finance and Procurement Article of the Annotated Code of Maryland.

“Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. Certification Regarding Minority Business Enterprises.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, §14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

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Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.

B-2. Certification Regarding Veteran-Owned Small Business Enterprises. The undersigned bidder hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, §14-605, Annotated Code of Maryland, which provides that a person may not:

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;

(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran– owned small business enterprise in order to obtain or retain a bid preference or a procurement contract;

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.12; or

(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of §B-2(1)— (5) of this regulation.

B. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

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C. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the

Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds…