22-MX-HQ-001 Small Procurement -IFB - Window Shade Replacement.pdf

SMALL PROCUREMENT

INVITATION FOR BIDS (IFB)

WINDOW SHADE REPLACEMENT AT DJS HEADQUARTERS

SOLICITATION NO. 22-MX-HQ-001 / eMMA#BPM028362

ISSUE DATE: March 4, 2022

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.

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

(eMMA) https://emma.maryland.gov/page.aspx/en/usr/login should register on eMMA.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation https://emma.maryland.gov/page.aspx/en/usr/login

WINDOW SHADE REPLACEMENT AT DJS HEADQUARTERS

Solicitation #: 22-MX-HQ-001

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NO BID NOTICE/ VENDOR FEEDBACK FORM

To help us improve the quality of the Department of Juvenile Services solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding the enclosed Request for Proposals. Please return your comments with your Proposal. If you have chosen not to respond to this solicitation, please email this completed form to the Procurement Officer at rick.mccray@maryland.gov.

a. 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 Proposals 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:

b. 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:

mailto:rick.mccray@maryland.gov

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STATE OF MARYLAND

DEPARTMENT OF JUVENILE SERVICES

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Small Procurement for Window Shade Replacement at DJS

Headquarters

Solicitation Number: 22-MX-HQ-001

IFB Issue Date: March 4, 2022

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

Procurement Officer: Rick McCray

Department of Juvenile Services

217 E. Redwood Street, Office #2010

Baltimore, Maryland 21201 e-mail:

Office Phone:

rick.mccray@maryland.gov

410-230-3207

Bids are to be sent to: rick.mccray@maryland.gov

Pre-Bid Conference and

Site Visit:

Pre-Bid: March 10, 2022, 11:30 AM Local Time. Access Pre-

Bid Conference through Hang Out Meets:

https://meet.google.com/ata-szeo-kri?authuser=0 or by phone

(US)+1 234-281-3082, PIN: 593 390 681#.

The Site Visit is scheduled for March 11, 2022 at 11:00 AM, DJS Headquarters, 217 Redwood Street, Baltimore, Maryland

21201

Only one representative per vendor is allowed at the Site Visit.

See Exhibit 9 for RSVP instructions.

Bid Due (Closing) Date and

Time:

March 16, 2022, 11:00 AM Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page 2).

Public Bid Opening Date, Time and Location

March 16, 2022, 11:30 AM Local Time

Virtual https://meet.google.com/ata-szeo-kri?authuser=0

Contract Duration: 45 Days from the start date mutually agreed upon by the

Vendor and Contract Monitor mailto:rick.mccray@maryland.gov https://meet.google.com/ata-szeo-kri?authuser=0%20 tel:%E2%80%AA+1%20203-973-7978%E2%80%AC https://meet.google.com/ata-szeo-kri?authuser=0%20

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1 Bidder Minimum Qualifications

The Contractor or Subcontractor must be licensed in Maryland or certified, depending on the nature of the work to be performed. The Contractor will include a copy of the business license or certification as part of the bid submission.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Juvenile Services (DJS or Department) is issuing this Invitation for Bids (IFB) in order to furnish and install window shades at DJS Headquarters.

2.1.2 It is the State’s intention to obtain goods and services, as specified from this IFB, from Contracts between the selected Bidder and the State.

2.1.3 The Department intends to make a single award as a result of this IFB.

2.2 Background and Purpose

The Department is an executive agency of the State and is charged with appropriately managing, supervising and treating youth who are involved in the juvenile justice system in Maryland. DJS provides individualized care and treatment to youth who have violated the law or who are a safety risk to themselves or others.

The State is issuing this solicitation for the purpose of procuring a contractor to furnish and install window shades at various locations within DJS Headquarters located at 217 E.

Redwood Street, Baltimore, Maryland.

2.3 Scope of Work Requirements

2.3.1 The Contractor will be required to providing all labor, equipment, materials, supplies, insurance, licenses and permits, etc. necessary to remove approximately ninety-six (96) existing window shades and replace with approximately ninety-six

(96) Sheer Weave Style 7000- P64 San Blackout Shades or equivalent. All window sizes may vary.

2.3.2 Work associated with this project includes but is not limited to:

1. Contractor shall remove approximately ninety-six (96) existing window shades with hardware and place in storage room identified by the Department.

2. Contractor shall supply and install approximately ninety-six (96) Sheer Weave Style

7000-P64 Sand Blackout Shades or equivalent in approximately 39 different offices/common spaces. All window sizes will vary and the vendor is responsible for

Small Procurement IFB for the Department of Juvenile Services Page 6 of 45 measuring each window for accuracy. DJS will not be responsible for measuring each window for accuracy before any material is purchased. Also, all windows must have no-less than a 3" inch commercial valances to reduce sunlight from entering above the shades.

3. Window shades shall be 100% polyester with acrylic foamed backing, bacterial and fungal resistant.

4. All work shall be performed according to industry standards, material manufacturer’s recommendations and to the satisfaction of the Department.

5. Work is to be completed during the weekday after 6:00 PM and/or on weekends from

7:00 AM – 3:00 PM.

6. Contractor shall remove and properly dispose of debris.

7. Project must be started no more than thirty (30) days from award date and be completed no more than forty-five (45) days from start date.

8. No allowance will be made for errors on the Contractors’ part for failure to take into account any conditions or circumstances existing at the site, which might affect the specified work.

2.4 Materials, Supplies and Equipment

1. The Contractor shall be responsible for the coordination, off-loading and proper storage of all materials, supplies and equipment up until the time of final inspection.

2. Materials, supplies and equipment shall be stored in a safe place out of the way of traffic operations. DJS shall approve the storage site location prior to the storage of any on-site materials and equipment.

3. Upon removal of materials, supplies and equipment, the Contractor shall restore the area to its original pre-construction condition and to the satisfaction of the DJS

Maintenance Supervisor or designee.

4. All materials, supplies and equipment `are subject to the inspection and approval of the DJS Maintenance Supervisor or designee.

5. The Contractor shall provide any materials supplies and equipment not specifically mentioned but reasonably implied or necessary for the complete safe and satisfactory completion of the project as if specified herein.

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2.5 Qualifications of Contractor

1. The Contractor shall have a minimum of five (5) years’ experience performing work of similar nature.

2. The Contractor or Subcontractor must be licensed in Maryland or certified, depending on the nature of the work to be performed.

2.6 Rules for Contractors

1. All work shall be performed to minimize disruption to facility operations. The

Contractor shall maintain accessibility for employee/public traffic to the facility throughout the duration of the project.

2. The Contractor shall provide and install barricades, signs, etc. necessary to ensure public safety at all areas during construction operations as approved by the DJS

Maintenance Supervisor or designee.

3. Throughout the project, the Contractor shall maintain the work site in a safe, neat and orderly manner. The Contractor shall take steps to prevent accumulation of debris at the site and shall remove all spoils and unused material from the site. Disposal of all materials shall be in accordance with all applicable laws, codes and regulations.

4. The Contractor shall perform all work in accordance with all applicable codes and standards.

5. Any mud, dirt, etc. carried into buildings must be cleaned daily. Any damage to areas outside the contract area must be satisfactorily repaired.

6. No smoking is allowed on the premises. Matches, lighters, electronic cigarettes, vaporizers, and tobacco products of any kind are considered contraband and will not be allowed on the premises.

2.7 Property Damage

Should any damage to DJS property be caused by the Contractor, employees or agents of the Contractor, the Contractor will be required to report it to the Contract Monitor. The

Contractor shall make repairs immediately, to the satisfaction of the Contract Monitor and at no cost to the Department. The Department may, however, elect to make repairs or replace the damaged property and deduct the cost of repairs or replacement from monies due, or to become due to the Contractor.

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2.8 Warranty

All parts and labor must be covered by on-site warranty services and guaranteed against defective material, workmanship, and failure to perform in accordance with manufacturers’ advertised performance criteria for a period of two (2) months after installation.

Product information and warranty information must be submitted with the Technical

Offer.

2.9 Hold Harmless/Indemnification of the State

1. Hold Harmless and Indemnification

a) The Contractor will indemnify, and hold the State harmless for any cost, expense, loss, liability, fine or penalty of any nature or character, whatsoever that the State may incur as a result of failure of the Contractor to comply with the terms of this agreement, negligence of the Contractor, injury or death to any person, damage to property, nuisance (public or private) or trespass arising out of or attributable to conditions on or around designated property or the performance of work by the

Contractor, except to the extent caused by the negligent or willful act or omission of the State or its employees, agents or independent contractors, other than the

Contractor.

b) The Contractor further agrees to indemnify the State for damage, loss or destruction of State property in the contractor’s care, custody and control during the term of this Contract.

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3 Instructions to Bidders

3.1 Pre-Bid Conference and Site Visit: It is strongly recommended that each prospective

Bidder and its representative(s) attend the scheduled Pre-Bid Conference and Site Visit and familiarize themselves with all requirements for the project. DJS is not responsible for inaccurate interpretation of this solicitation.

As a result of the state of emergency due to the 2019 Novel Coronavirus (COVID-19), the Pre-Bid Conference for this project will be conducted via conference call/video on

March 10, 2022 at 11:30am. Please refer to page 3, Key Information Summary Sheet for meeting information. Vendors must RSVP for the Pre-Bid Conference in order to be scheduled for the Site Visit. Contract Monitors enough notice to coordinate adequate safety measures. See Exhibit 9, Pre-Bid Conference Response Form, for RSVP instructions.

During the site visit, Contractors will have an opportunity to access the work site and take window measurements. The Site Visit is scheduled for March 11, 2022, 11:00 AM and will take place at DJS Headquarters, 217 Redwood Street, Baltimore, Maryland. Only one representative per vendor may attend.

Site visits with be held in accordance with the Order of the Governor of the State of

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

All Non-Essential Businesses And Other Establishments, And Additionally

Requiring All Persons To Stay At Home: https://governor.maryland.gov/wp-content/uploads/2020/03/Gatherings-FOURTH-AMENDED-3.30.20.pdf and the MDH

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

Vendors may provide written questions to the Director of Facility Maintenance or to the

Director of General Services during the Site Visit.

As promptly as is feasible subsequent to the Conference, a summary of the Conference and all questions and answers known at that time will be distributed to all prospective

Bidders known to have received a copy of this IFB.

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

March 9, 2022. The Department will make a reasonable effort to provide such special accommodation.

3.2 eMaryland Marketplace Advantage (eMMA): eMMA is the electronic commerce system for the State of Maryland. The IFB, questions and the Procurement Officer’s https://governor.maryland.gov/wp-content/uploads/2020/03/Gatherings-FOURTH-AMENDED-3.30.20.pdf https://governor.maryland.gov/wp-content/uploads/2020/03/Gatherings-FOURTH-AMENDED-3.30.20.pdf https://coronavirus.maryland.gov/#Prevention

Small Procurement IFB for the Department of Juvenile Services Page 11 of 45 responses, addenda, and other solicitation-related information will be made available via eMMA.

3.3 Questions: All questions shall be submitting in writing via e-mail to the Procurement

Officer. The subject of the e-mail shall identify the Solicitation Number and Title. The

Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date. Answers to all questions that are not clearly specific only to the requestor shall be posted to eMMA.

The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding unless an amendment to the solicitation is issued in writing.

3.4 Procurement Method: A Contract will be awarded in accordance with the A Contract will be awarded in accordance with the Competitive Sealed Bidding method under

COMAR 21.05.02 and Small Procurement under COMAR 21.05.07. A Small

Procurement is defined as the use of procedures to obtain items reasonably expected by the Procurement Officer to cost $50,000 or less.

3.5 Bid Due (Closing) Date and Time

A. Bids, must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information and Summary sheet in order to be considered.

B. Requests for extension of the Bid due date or time shall not be granted.

C. Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary

Sheet will not be considered.

D. Bids may be modified or withdrawn by written notice received by the Procurement

Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

E. Bids may not be submitted by e-mail or facsimile. Bids will be opened publicly at the date and time indicated on the Key Information Summary Sheet.

F. Potential Bidders not responding to this solicitation are requested to submit the “No

Bid/Vendor Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

3.6 Award Basis: The Contract shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable Total 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.

3.7 Tie Bids: Tie Bids will be decided pursuant to COMAR 21.05.02.14.

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3.8 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.

3.9 Revisions to the IFB

A. If the IFB is revised before the due date for Bids, the Department shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent the IFB or 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.

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

C. Failure to acknowledge receipt of an addendum does not relive 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.

3.10 Cancellation of Bids: The Department may cancel this solicitation, accept or reject any and all Bids, in whole or in part, received in response to this IFB and waive or permit the cure of minor irregularities.

A. 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).

B. If the services that are subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the

Department 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).

3.11 Contract: A response to an IFB is an offer to contract with the Department based upon the terms, conditions, and specifications contained in the Department’s IFB. Bids do not become contracts unless and until the Department accepts the Bidder’s Bid and executes a purchase order, eliminating a formal signing of a separate contract/agreement. For that reason, all of the terms and conditions of the contract are contained in the IFB, unless any of the terms and conditions are modified by an IFB amendment, a Contract Amendment, or by mutually agreed terms and conditions in the contract which shall be in writing. The terms and conditions in the IFB along with the Bidder’s Bid shall be incorporated into the

Purchase Order. If there is any conflict between the terms and conditions in the IFB and the Bidder’s Bid, the terms and conditions of the IFB shall control. The Contract may be modified by mutual agreement of the parties which shall be in writing.

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A. The Contract awarded from this solicitation shall be for the term as noted on the

Purchase Order.

B. A performance evaluation shall be conducted by DJS staff at various intervals during any trial period, and that evaluation shall be the basis for the DJS’s decision to continue with the Contractor in current and future solicitations and projects.

C. Pricing proposed by the Bidder shall be firm from the date of actual Contract start date and shall be in effect for the entire contract period. Increases shall not be allowed.

3.12 Communication: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Department or State employee. Only those communications which are in writing from an authorized DJS or State representative may be considered. Written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by DJS as duly authorized expressions on behalf of Contractors.

3.13 Notice to Proceed/Purchase Order: The successful Bidder may not commence work under this contract/agreement until authorized to do so upon receipt of an authorized

Purchase Order and a Notice to Proceed from the Department.

3.14 Materials and Workmanship: Unless otherwise specified, all materials and workmanship shall be new and of the best grade of their respective kinds for the purpose. Whenever an article, material or equipment is specified by name, a substitute of equal qualification may be used upon written approval of the Department.

3.15 Invoicing: The Contractor must render an original invoice in duplicate that references the appropriate Purchase Order number. Invoices are to be submitted to the Accounts Payable address stated on the Purchase Order. The Purchase Order number should appear on all invoices, packing slips, ship notices, freight bills and all correspondence concerning this service.

3.16 Security: The successful Bidder, upon award of a Contract, shall comply with all security procedures and regulations. A list shall be provided to include the Contract Manager’s name and phone number, emergency contact name(s) and phone number(s), Office

Management personnel for the Department and Contractor and all authorized personnel’s name(s) and approximate shift start and end times that will be assigned to perform work under this Contract shall be made available.

It is mutually understood that only authorized personnel from the successful Bidder will be permitted to enter any DJS facility. During the period that the work is being performed, keys to the facility placed in the Contractor’s custody must be accounted for all times and handled as described in security regulations and per office management.

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3.17 Small Business Reserve (SBR) 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 GOSBA Small Business Reserve Program are eligible for award of a contract.

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; or

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.

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

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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.

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4 Bid Format

One Part Submission

Each Bidder shall submit its Bid with all required bid submissions (see IFB Section 5.4) in a single sealed package.

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

4.3 Bid Price Form – Exhibit 3: 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 Department.

4.4 Required Bid Submissions: A Bidder shall include the following with its Bid:

A. Bidder Information Sheet (see Exhibit 7);

B. Acknowledgement of all addenda to this IFB;

C. Minimum Qualifications Documentation: The Bidder shall submit any Minimum

Qualification documentation that may be required, as set forth in IFB Section 1. If references are required in IFB Section 1, those references shall be submitted in this section and contain the information described in both Section 1 and Exhibit 6.

D. Completed Required Attachments. Submit three (3) copies of each with original signatures:

1. Mandatory Terms and Conditions for Purchase Orders (Exhibit 1)

2. Bid Affidavit (Exhibit 4)

3. Conflict of Interest Affidavit and Disclosure Form (Exhibit 5)

4. References (Exhibit 6)

4.5 Documents Required upon Notice of Recommended for Contract Award

A. Contract Affidavit (Exhibit 2) - to be completed and signed by the officer or employee authorized to make the offer and submitted within five (5) days after notification of recommendation for award.

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5 Bid Evaluation and Award

5.1 Bid Evaluation Criteria: The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.02.13. 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 Exhibit 3 - Bid Form

5.2 Reciprocal Preference

A. 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:

1. The Maryland resident business is a responsible Bidder;

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

3. The other state gives a preference to its resident businesses through law, policy, or practice; and

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

5.

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

5.3 Award Determination: The award will be made to the responsible Bidder who submits to the State the responsive Bid that has the lowest Total Bid Price.

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EXHIBIT 1 – MANDATORY TERMS AND CONDITIONS FOR PURCHASE ORDERS

ARTICLE 1 – INCORPORATION BY REFERENCE

These Mandatory Terms and Conditions for Purchase Orders along with all terms and conditions for

Solicitation Number 22-MX-HQ-001 / eMMA#BPM028362 and any amendments thereto, shall be incorporated and made part of the Purchase Order/Contract. The Department is issuing this Invitation for

Bids (IFB) in order to furnish and install window shades at DJS Headquarters.

A. The Procurement Officer may, at any time, by written order, make unilateral changes in the work within the general scope of the Contract. No other order, statement, or conduct of the

Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this section. Except as otherwise provided in this Contract, if any change under this section causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work, whether or not changed by the order, an equitable adjustment in the Contract price shall be made and the Contract modified in writing accordingly. The Contractor must assert in writing its right to an adjustment under this section within thirty (30) days of receipt of written change order and shall include a written statement setting forth the nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract. Failure to agree to an adjustment under this section shall be a dispute under the Disputes clause. Nothing in this section shall excuse the

Contractor from proceeding with the Contract as changed.

B. Without limiting the rights of the Procurement Officer under Section A above, the Contract may be modified by mutual agreement of the parties, provided: (a) the modification is made in writing;

(b) all parties sign the modification; and (c) all approvals by the required agencies as described in

COMAR Title 21, are obtained. Modifications may not significantly change the scope of the

Contract (including the Contract price).

ARTICLE 2 – TAX EXEMPTION

The State 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.

ARTICLE 3 – SPECIFICATIONS

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

ARTICLE 4 – DELIVERY AND ACCEPTANCE

Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the

Contractor's control. The State unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The State reserves the right to test any materials, equipment, supplies, or services

Small Procurement IFB for the Department of Juvenile Services Page 19 of 45 delivered to determine if the specifications have been met. The 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. The State 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.

ARTICLE 5 – NON-HIRING OF OFFICIALS AND EMPLOYEES

No official or employee of the State, as defined under State Government Article, §15-102, Annotated

Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this contract shall, during the pendency or term of this contract and while serving as an official or employee of the State, become or be an employee of the contractor or any entity that is a subcontractor on this contract.

ARTICLE 6 – NON-DISCRIMINATION

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

ARTICLE 7 – FINANCIAL DISCLOSURE

The Contractor shall comply with State Finance and Procurement Article, §13-221, Annotated Code of

Maryland, which requires that every business that enters into contracts, leases or other agreements with the State and receives in the aggregate $100,000 or more during a calendar year shall, within 30 days of the time when the $100,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business.

ARTICLE 8 – POLITICAL CONTRIBUTION DISCLOSURE

The Contractor shall comply with Election Law Article, §§14-101—14-108, Annotated Code of

Maryland, which requires that every person that enters into contracts, leases, or other agreements with the

State of Maryland or a political subdivision of the State, including its agencies, during a calendar year in which the person receives in the aggregate $100,000 or more, shall file with the State Administration

Board of Election Laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

ARTICLE 9 – 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.

ARTICLE 10 – REGISTRATION

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the Annotated Code of

Maryland, corporations not incorporated in the State shall be registered with the State Department of

Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201, before doing any

Small Procurement IFB for the Department of Juvenile Services Page 20 of 45 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.

ARTICLE 11 – CONTINGENT FEE PROHIBITION

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 employee or agent, any fee or any other consideration contingent on the making of this agreement.

ARTICLE 12 – EPA COMPLIANCE

Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control

Act of 1972, where applicable.

ARTICLE 13 – OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.)

All materials, supplies, equipment, or services supplied as a result of this contract shall comply with the applicable U. S. and Maryland Occupational Safety and Health Act standards.

ARTICLE 14 – 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 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).

ARTICLE 15 – 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 21.01.01.011B.

ARTICLE 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.

ARTICLE 17 – TERMINATION FOR NONAPPROPRIATION

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

Small Procurement IFB for the Department of Juvenile Services Page 21 of 45 fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

ARTICLE 18 – 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.

ARTICLE 19 – MARYLAND LAW PREVAILS

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

ARTICLE 20 – CONTRACTOR’S INVOICES

Contractor agrees to include on the face of all invoices billed to the State, its Taxpayer Identification

Number, which is the Social Security Number for individuals and sole proprietors and the Federal

Employer Identification Number for all other types of organizations.

ARTICLE 21 – 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.

ARTICLE 22 – INDEMNIFICATION

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

ARTICLE 23 – CONFLICTING TERMS

Any proposal for terms in addition to or different from those set forth in this Contract or any attempt by the Contractor to vary any of the terms of this offer by Contractor's acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor's assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this purchase order may not be waived.

ARTICLE 24 – DRUG AND ALCOHOL FREE WORKPLACE

The Contractor warrants that it shall comply with COMAR 21.11.08, and that the Contractor shall remain in compliance throughout the term of this Contract.

Small Procurement IFB for the Department of Juvenile Services Page 22 of 45

ARTICLE 25 – COMMERCIAL NONDISCRIMINATION CLAUSE

A. As a condition of entering into this Agreement, 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 Agreement and may result in termination of this Agreement, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

B. The Contractor shall include the provision in §A of this regulation in all subcontracts to the State contract.

C. As a condition of entering into this Agreement, upon the request of the Commission on Civil Rights, and 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 Contractor 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

Agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

ARTICLE 27 – COST AND PRICE CERTIFICATION

By submitting cost or price information, the Contractor certifies to the best of its knowledge that the information submitted is accurate, complete, and current on the date the Contractor submitted its financial information to the State.

The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price information which, on the date the Contractor submitted its financial information to the

State, was inaccurate, incomplete, or not current.

ARTICLE 28 – SUBCONTRACTING; ASSIGNMENT

The Contractor may not subcontract any portion of the services provided under this Contract without obtaining the prior written approval of the State, nor may the Contractor assign this Contract or any of its rights or obligations hereunder, without the prior written approval of the State. Any such subcontract or assignment shall be subject to any terms and conditions that the Department deems necessary to protect the interests of the State. In the event that written approval is granted and services are subcontracted or

Small Procurement IFB for the Department of Juvenile Services Page 23 of 45 rights or obligations are assigned, the Contractor shall guarantee that the subcontractor or assignee shall comply with all provisions of this contract. No such subcontract or assignment shall be deemed to provide for the incumbent of any obligation of the State in addition to those agreed upon in this Contract.

The Department shall not be responsible for the fulfillment of the Contractor's obligations to subcontractors.

ARTICLE 29 – RETENTION OF RECORDS

The Contractor and any of its subcontractors shall retain and maintain all records and documents relating to this Contract for five (5) years after final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the Procurement Officer or designee, at all reasonable times. In addition, where applicable and pursuant to 42 Code of Federal Regulations (C.F.R.), Part 420, the

Contractor shall retain until the expiration of five (5) years after the services are furnished under this contract such books, records and documents as required by those regulations and shall allow access to such books, documents and records as required by those regulations and require its subcontractors to comply with the requirements of this Article.

ARTICLE 30 – COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that it is qualified to do business in the State of Maryland and that it will take such action as, from time to time, may be necessary to remain so qualified; that 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; that it shall keep itself informed of and comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract including the Family and Medical Leave Act and the Americans With

Disabilities Act, as amended; and that 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.

ARTICLE 36 – ADMINISTRATION

The work to be accomplished under this Contract shall be performed under the direction the Secretary of

Juvenile Services or his designee. All matters relating to the administration and performance of this

Contract shall be referred for determination to the Secretary or his designee.

BY MY SIGNATURE, AS A REPRESENTATIVE OF THE CONTRACTOR, I ACCEPT THE

TERMS AND CONDITIONS STATED ABOVE.

By:

Signature Date

Name Typed

Organization

Small Procurement IFB for the Department of Juvenile Services Page 24 of 45

EXHIBIT 2 – CONTRACT AFFIDAVIT

A. AUTHORITY

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

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE

DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT:

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

(1) Corporation — domestic or foreign;

(2) Limited Liability Company — domestic or foreign;

(3) Partnership — domestic or foreign;

(4) Statutory Trust — domestic or foreign;

(5) Sole Proprietorship.

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

Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:

Name and Department ID

Number: Address:

and that if it does business under a trade name, it has filed a certificate with the State…