21LPCKQ_AD_IFB.pdf

IFB for Maryland Department of Transportation State Highway Administration Page i of 75

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

STATE HIGHWAY ADMINISTRATION (MDOT SHA)

MAINTENANCE AND PRESERVATION OF LANDSCAPE

ASSETS IN CECIL, KENT AND QUEEN ANNES COUNTY

(DISTRICT 2)

IFB NUMBER 21LPCKQ

ISSUE DATE: 01/06/2021

NOTICE TO BIDDERS

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 Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Management of Landscape Assets in Cecil, Kent and Queen Anne’s Counties (District 2) - Solicitation #: 21LPCKQ IFB Document

Page ii of 75

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 or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: MANAGEMENT OF LANDSCAPE ASSETS IN CECIL, KENT AND QUEEN ANNE

COUNTIES (DISTRICT 2)

Solicitation No: 21LPCKQ

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: ________________________________________________________________

Page iii of 75

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION STATE

HIGHWAY ADMINISTRATION (MDOT SHA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids MANAGEMENT OF LANDSCAPE ASSETS IN CECIL, KENT AND

QUEEN ANNE COUNTIES (DISTRICT 2)

Solicitation Number: 21LPCKQ

IFB Issue Date: 01/06/2021

IFB Issuing Office: Maryland Department of Transportation State Highway Administration

(MDOT SHA)

Procurement Officer Designee: Roberta Cowan Office of Environmental Design Landscape Programs Division (OED LPD) 707 North Calvert Street Baltimore, Maryland 21202 Mailstop C-303 e-mail:

Office Phone:

RCowan@mdot.maryland.gov 410-545-0423

Bids are to be sent to: Submit Via eMMA

Pre-Bid Conference: It is strongly encouraged that all bidders attend the Pre-Bid Conference to be held 01/11/2021 at 11:00 am on Microsoft Teams.

A link to the Pre-Bid, as well as a Google Earth file of the sites, will be sent on request. Anyone interested may contact Roberta Cowan, RCowan@mdot.maryland.gov

Questions Due Date and Time: 01/14/2021 @ 12 p.m. Local Time

Bid Due (Closing) Date and Time:

01/20/2021 @ 12 p.m. Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Public Bid Opening Date, Time and Location:

01/20/2021 @ 2 p.m. Local Time Microsoft Teams; All bidders will be provided a link, anyone else interested may request a link to the bid opening from Roberta Cowan, RCowan@mdot.maryland.gov

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: NTP through 11/30/2021

Primary Place of Performance:

Landscape maintenance sites on MDOT SHA right of way in Cecil, Kent and Queen Anne Counties

SBR Designation: Yes

Federal Funding: No

Page iv of 75

TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 Invoicing

3.3 Insurance Requirements

3.4 Security Requirements

3.5 Problem Escalation Procedure

4 Procurement Instructions

4.1 Pre-Bid Conference and Site Visits

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 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

Page v of 75

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Prompt Payment Policy

4.24 Electronic Procurements Authorized

4.25 MBE Participation Goal

4.26 VSBE Goal

4.27 Living Wage Requirements

4.28 Federal Funding Acknowledgement

4.29 Conflict of Interest Affidavit and Disclosure

4.30 Small Business Reserve (SBR) Procurement

4.31 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

5.6 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 LNDSCP20

Attachment B. Bid Instructions & Forms

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Page vi of 75

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Sample Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Bidder Information Sheet

Appendix 3.1 – Category 100 – Maintenance of Traffic

Appendix 3.2– Category 300 –Erosion and Sediment Control

Appendix 3.2 – Category 700 -- Landscaping

Appendix 4. – Vendor Qualification Statement

Appendix 5. – Small Business Contract Affidavit

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:

LICENSES, CERTIFICATIONS AND OTHER REQUIRED SUBMITTALS

All of the following documents below must be submitted to the OED LPD Contract Monitor on or before the Preconstruction Meeting:

MD Business License Insurance Certificate(s) Temporary Traffic Control Manager Certificate Pesticide Applicators License in the following Categories:

(3A) Ornamental Exterior

OR

(6) Right of Way and Weed MD DNR Licensed Tree Expert SHA Erosion and Sediment Control ‘Yellow Card’ Certification and MDE Responsible Person Certification (RPC)

MD Professional Fertilizer Application Certificate Any other submittal items required as indicated in the Contract Documents Progress Schedule (GP 8.04, TC 5.02) IPM Program and Schedule

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

This project consists of monthly operations of landscape planting management in Cecil, Kent and Queen Anne’s Counties (District 2). The monthly landscape planting management includes weed control, removal of debris and litter, and pruning of perennials, ornamental grass and bulb foliage at the locations in the following table. This project also includes Additional Work items for Pre and Post Emergent, 2 Inch Mulch as well as a Crew for Landscape Management item to be used when and as directed.

All construction items and quantities in these Special Provisions are provided for use when and as directed by the Engineer. The quantities for these items are established for the purpose of obtaining a bid price. The quantities for these items may be increased, decreased, or deleted entirely from the Contract by the Engineer.

SITE

NUMBER

CORRIDOR

LIMITS OF MANAGED AREAS

APPROX.

TOTAL

SITE AREA

SY

AREA

DISTURBED

SF

CE1 MD273 Blue Ball Road Roundabout 436 0 CE2 MD273 Rising Sun Roundabout 392 0 CE3 MD281 Muddy Lane Roundabout 143 0 CE4 US40 Welcome to MD Sign 91 0 CE5 MD279 Welcome to MD Sign 127 0 KE1 MD213 Spring Ave Traffic Island and NB Roadside Bed 87 0

KE2 MD291 MD213 to US301 Traffic Islands and Roundabout

238 0

QA1 US50 Cox Creek Median 29 0 QA2 US50 MD8 Overpass to MD404 1,506 0 QA3 MD213 US301 Interchange Plantings 650 0 QA5 MD835 Nesbitt Road Roundabout 28 0 QA7 MD304 US301 Interchange Roundabouts 268 0

TOTAL SQUARE YARD 3,995 0

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

2.1.2 The Administration intends to make a single award for the work under this IFB. See IFB Section

4.9 Award Basis for more Contract award information.

2.1.3 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

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

Shall constitute Contracts between the Contractor and that entity;

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

Shall not be binding or enforceable against the State; and

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

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

2.2 Background and Purpose

This project consists of monthly operations of landscape planting management in Cecil, Kent and Queen Anne’s Counties (District 2). The monthly landscape planting management includes weed control, removal of debris and litter, and pruning of perennials, ornamental grass and bulb foliage at specified locations. This project also includes Additional Work items for Pre and Post Emergent, 2 Inch Mulch and Crew for Landscape Management to be used when and as directed.

See Appendix 3. for all work specifications.

2.2.1 State Staff and Roles

In addition to the Procurement Officer, the State will provide a Contract Monitor and a Maintenance Supervisor.

a) State Contract Monitor will be responsible for overseeing the Contractor’s performance to ensure conformance with the Contract work, schedule and budget, field work oversight, monthly inspections, and the review of invoices and recommendation for payment.

All work shall be coordinated through the State Contract Monitor. The Contract Monitor will coordinate with the State Maintenance Supervisor as necessary.

The Contract Monitor is David Bassford, MDOT SHA Office of Environmental Design, Landscape Programs Division (OED LPD). He may be reached at 443-677-3980 or DBassford@mdot.maryland.gov. The Contract Monitor may designate other OED LPD Team members to be involved with the Contract work.

2.2.2 Other State Responsibilities

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

mailto:DBassford@mdot.maryland.gov

2.3 Responsibilities and Tasks

2.3.1 Service Requirements

a) The vendor shall furnish all labor, supervision, miscellaneous parts, equipment, tools, transportation, and methods of communication for worked performed under the contract.

b) The vendor shall comply with all terms and conditions of the contract documents.

c) The vendor shall work until each job is completed, and when necessary, respond to multiple requests for services at the same time. MDOT SHA can perform on-site inspections at any time during the work.

d) All work shall conform to federal, state, county, and local codes, rules, and regulations.

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. Contractor shall schedule a Preconstruction Meeting within 7 Calendar Days of NTP Date.

B. The Contractor shall submit the documents listed in 1.1 LICENSES, CERTIFICATIONS AND OTHER REQUIRED SUBMITTALS to the OED LPD Contract Monitor on or before the Preconstruction Meeting

C. The Contractor shall furnish, on or before the Preconstruction Meeting, a Project Schedule describing the activities for the Contractor, the State, Subcontractors, and any third parties.

D. The contract term is from NTP thru November 30, 2021.

3.2 Invoicing

3.2.1 General

a) The Contractor shall e-mail the original of each invoice and signed authorization to the OED LPD Contract Monitor at e-mail address: DBassford@mdot.maryland.gov

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

8) Details of services provided;

a) Date of Services;

b) Workday times worked;

c) Number of man hours per workday;

d) Materials used

9) Amount due; and

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

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

mailto:DBassford@mdot.maryland.gov

The Administration reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Administration 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 Administration, 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.

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.

3.2.2 Invoice Submission Schedule

The Contractor shall submit invoices by the 15th of the month to the OED LPD Contract Monitor in accordance with the following schedule:

a) For items of work for which there is fixed unit pricing (see Attachment B –Bid Form) those items shall be billed the month following the acceptance of the work by the Administration.

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.

MDOT SHA is exempt from Maryland Sales Taxes and Use Taxes by Exemption Certificate Number 3000256-3 and from Federal Excise Taxes by Exemption Number 52-73-0358K. No tax price shall be included on the invoice.

3.2.3 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.

3.2.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.3 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:

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

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

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

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

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

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

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

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

3.4 Security Requirements

The following requirements are applicable to the Contract:

3.4.1 Employee Identification

a) Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times.

b) 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.

3.4.2 Security Clearance / Criminal Background Check

Contractor Is Responsible for Background Checks.

a) A criminal background check for each Contractor Personnel providing on-site shall be completed prior to each Contractor Personnel providing any services under this contract.

b) The Contractor shall provide certification to the Administration upon request that the Contractor has completed the required criminal background check described in this IFB.

3.5 Problem Escalation Procedure

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

3.5.2 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.

4 Procurement Instructions

4.1 Pre-Bid Conference and Site Visits

4.1.1 It is strongly encouraged that all bidders attend the Pre-Bid Conference to be held

01/11/2021 at 11:00 am on Microsoft Teams. A link to the Pre-Bid, as well as a Google Earth file of the sites, will be sent on request. Anyone interested may contact Roberta Cowan, RCowan@mdot.maryland.gov.

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland. The 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 shall be submitted in writing via e-mail to the Procurement Officer designee no later than the date and time specified the Key Information Summary Sheet. The Procurement Officer designee, 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 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 Administration unless it issues an amendment in writing.

4.4 Procurement Method

A Contract will be awarded in accordance with the Small Procurement Regulations ($50,000 or less) Bidding method under COMAR 21.05.07.

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 designee 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.

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

4.5.4 Bids may not be submitted by e-mail or facsimile. Bids will be opened publicly via Teams meeting at the date and time indicated on the Key Information Summary Sheet. All bidders will receive link to Teams meeting bid opening. Attendance is optional. Anyone else who is interested may request link from contract monitor.

https://procurement.maryland.gov/

4.5.5 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 Receipt, Opening and Recording of Bids

4.7.1.1 All bids shall be submitted via eMMA only and will be stored accordingly until bid opening.

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

4.8 Confidentiality of Bids / Public Information Act Notice

4.8.1 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.

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

4.8.3 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.

4.9 Award Basis

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

See IFB Section 6 for Bid evaluation and award information.

4.9.2 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.

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.11 Duration of Bids

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

4.12 Revisions to the IFB

4.12.1 If the IFB is revised before the due date for Bids, the Administration shall post any addenda to the

IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement 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.

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

4.12.3 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.

4.13 Cancellations

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

4.13.2 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).

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

4.14 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.

4.15 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).

4.16 Bidder Responsibilities

4.16.1 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.

4.16.2 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 IFB (see Section 4.26 “MBE Participation Goal” and Section 4.27 “VSBE Goal”).

4.16.3 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.

4.16.4 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.

4.17 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Attachment M. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.18 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 IFB.

4.19 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 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 that is organized outside of the State of Maryland is considered a “foreign” business.

4.20 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.21 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award.

4.22 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

4.22.1 In connection with a procurement contract a person may not willfully:

a) Falsify, conceal, or suppress a material fact by any scheme or device.

b) Make a false or fraudulent statement or representation of a material fact.

c) Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

4.22.2 A person may not aid or conspire with another person to commit an act under Section 4.22.1.

4.22.3 A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.23 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Attachment M). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

4.24 Electronic Procurements Authorized

4.24.1 Under COMAR 21.03.05, unless otherwise prohibited by law, the Administration may conduct procurement transactions by electronic means, including the solicitation, proposing, award, execution, and administration of a contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21.

4.24.2 Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or Contract. In the case of electronic transactions authorized by this IFB, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures.

4.24.3 “Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.24.4 In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., IFB § 4.23 describing payments by Electronic Funds Transfer), the following transactions are authorized to be conducted by electronic means on the terms as authorized in

COMAR 21.03.05:

a) The Procurement Officer may conduct the procurement using eMMA, e-mail, or facsimile to issue:

1) The IFB;

2) Any amendments;

3) Pre-Bid conference documents;

4) Questions and responses;

5) Communications regarding the solicitation or Bid to any Bidder or potential Bidder;

6) Notices of award selection or non-selection; and

7) The Procurement Officer’s decision on any Bid protest or Contract claim.

The Bidder or potential Bidder may use e-mail to:

8) Ask questions regarding the solicitation;

9) Reply to any material received from the Procurement Officer designee by electronic means that includes a Procurement Officer designee’s request or direction to reply by e-mail or, but only on the terms specifically approved and directed by the Procurement Officer designee and;

10) Submit a "No Bid Notice/Vendor Feedback Form" to the IFB.

The Procurement Officer, the Contract Monitor, the Procurement Officer designee, and the Contractor may conduct day-to-day Contract administration, except as outlined in Section 4.24.5 of this subsection, utilizing e-mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract Monitor.

4.24.5 The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Filing of bid protests;

B. Filing of Contract claims;

C. Submission of documents determined by the Administration to require original signatures (e.g., Contract execution, Contract modifications); or

D. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder be provided in writing or hard copy.

4.24.6 Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

https://emaryland.buyspeed.com/bso/

4.25 MBE Participation Goal

There is no MBE subcontractor participation goal for this procurement.

4.26 VSBE Goal

There is no VSBE participation goal for this procurement.

4.27 Living Wage Requirements

There is no Living Wage requirement for this procurement.

4.28 Federal Funding Acknowledgement

This Contract does not contain federal funds.

4.29 Conflict of Interest Affidavit and Disclosure

4.29.1 There is no Conflict of Interest Affidavit and Disclosure required for this procurement.

4.30 Small Business Reserve (SBR) Procurement

4.30.1 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 GOSBA Small Business Reserve Program are eligible for award of a contract.

4.30.2 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:

a) It is independently owned and operated;

b) It is not a subsidiary of another business;

c) It is not dominant in its field of operation; and

1) With respect to employees, in its most recently completed three (3) fiscal years:

a) Its wholesale operations did not employ more than 50 persons;

b) Its retail operations did not employ more than 25 persons;

c) Its manufacturing operations did not employ more than 100 persons;

d) Its service operations did not employ more than 100 persons;

e) Its construction operations did not employ more than 50 persons; and

f) The architectural and engineering services of the business did not employ more than 100 persons; and

2) With respect to gross sales, in its most recently completed three (3) fiscal years:

a) The gross sales of its wholesale operations did not exceed an average of $4,000,000;

b) The gross sales of its retail operations did not exceed an average of $3,000,000;

c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000;

d) The gross sales of its service operations did not exceed an average of $10,000,000;

e) The gross sales of its construction operations did not exceed an average of $7,000,000; and

f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000.

d) Note: If a business has not existed for three (3) years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

e) Further information on the certification process is available at eMaryland Marketplace Advantage.

4.30.3 Ineligible Bids. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract.

4.30.4 Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.

4.31 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All offerors should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations web site for Maryland Healthy Working Families Act Information: http://dllr.maryland.gov/paidleave/.

http://dllr.maryland.gov/paidleave/

5 Bid Format

5.1 One Part Submission

Each Bidder shall submit its Bid with all Required Bid Submissions (see IFB Section 5.4) in a single response via eMMA.

5.2 Labeling

Each Bidder is required to label the Bid with the IFB title and number, name and address of the Bidder, and closing date and time for receipt of the Bids.

5.3 Bid Price Form

The Bid shall contain all price information in the format specified on the Bid Form. The Bidder shall complete the Bid Form only as provided in the Bid Pricing Instructions and the Bid Form. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Administration.

5.4 Required Bid Submission

A Bidder shall include the following with its Bid:

5.4.1 Bidder Information Sheet (see Appendix 2)

5.4.2 Acknowledgement of all addenda to this IFB.

5.4.3 Completed Required Attachment. Submit with original signatures

1) Completed Bid Form (Attachment B-2).

5.4.4 Additional Document *If Required. Submit each with original signatures, if required. *See appropriate IFB section to determine whether the document is required for this procurement.

1) Completed Conflict of Interest Affidavit and Disclosure (Attachment H) *see IFB section 4.29

5.4.5 Certificate of Insurance. The Bidder shall provide a copy of its current certificate of insurance showing the types and limits of insurance in effect as of the Bid submission date.

5.5 Delivery

5.5.1 All bids must be submitted via eMMA.

5.6 Documents Required upon Notice of Recommendation for Contract Award Upon receipt of a notification of recommendation for contract award, the following documents shall be completed and submitted by the recommended awardee within five (5) business days, unless noted otherwise. Submit three (3) copies of each of the following documents:

A. Signed contract (Attachment M), B. Completed Contract Affidavit (Attachment N), C. Copy of a current certificate of insurance.

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.02.13. All responsible Bidders will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Bid Price as submitted on the Attachment B -2 - Bid Form.

6.2 Reciprocal Preference

6.2.1 Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

a) The Maryland resident business is a responsible Bidder;

b) The lowest responsive Bid is from a responsible Bidder whose principal office, or principal base of operations is in another state;

c) The other state gives a preference to its resident businesses through law, policy, or practice;

and

d) The preference does not conflict with a federal law or grant affecting the procurement Contract.

6.2.2 The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

6.3 Award Determination

Award will be made to the responsible Bidder who submits to the State the responsive Bid that has the lowest Total Bid Price.

The State reserves the right to make the award by item, or groups of items, or Total Bid Price if it is in the best interest of the State to do so unless the Bidder specifies in its bid that a partial or progressive award is not acceptable.

6.4 Documents Required upon Notice of Recommendation for Contract Award Upon receipt of a Notification of Recommendation for Contract award, the apparent awardee shall complete and furnish the documents and attestations as directed and if required in Table 1 of Section 7 – IFB Attachments and Appendices.

7 IFB ATTACHMENTS AND APPENDICES

Instructions Page

A Bid submitted by the Bidder must be accompanied by the completed forms and/or affidavits identified as “with Bid” in the “When to Submit” column in Table 1 below. All forms and affidavits applicable to this IFB, including any applicable instructions and/or terms, are identified in the “Applies” and “Label” columns in Table 1.

For documents required as part of the Bid:

1. For e-mail submissions, submit one (1) copy of each with signatures.

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete certain forms and affidavits after notification of recommended award. The list of forms and affidavits that must be provided is described in Table 1 below in the “When to Submit” column.

For documents required after award, submit one (1) copy of each document within the appropriate number of days after notification of recommended award, as listed in Table 1 below in the “When to Submit” column.

Table 1: IFB ATTACHMENTS AND APPENDICES

A pp lie s?

When to Submit

L ab el

Attachment Name N With Bid A Pre-Bid Conference Response Form Y With Bid B Bid Instructions and Form N With Bid C Bid/Proposal Affidavit (see link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC- Bid_Proposal-Affidavit.pdf)

N As directed in forms D MBE Forms D-Series N With Bid E Veteran-Owned Small Business Enterprise (VSBE)

Form E-1A N With Bid F…