Advertise.pdf

INVITATION FOR BIDS (IFB)

SOLICITATION NO. V-CUM-20041-M

February 11, 2020

LANDSCAPING MAINTENANCE SERVICES FOR

MDOT MVA CUMBERLAND BRANCH

NOTICE TO BIDDERS/OFFERORS

NOTICE

All prospective bidders, the Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) participates in the e-Maryland Marketplace Advantage electronic commerce system administered by the Maryland Department of General Services (DGS). All information regarding this solicitation including amendments, pre-bid minutes, and changes to bids due dates shall be posted on e-

Maryland Marketplace Advantage. Because of instant access afforded by e-Maryland Marketplace Advantage, it is recommended that all vendors interested in doing business with MDOT MVA and other

State Agencies register on e-Maryland Marketplace Advantage.

Information about registering, free of charge, on e-Maryland Marketplace can be obtained at the e-Maryland Marketplace Advantage website at: https://emma.maryland.gov.

Vendors must be registered on e-Maryland Marketplace Advantage to receive contract award.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation ii

Landscaping Services MDOT MVA Cumberland Branch

V-CUM-20041-M

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Table of Contents

Table of Contents ......................................................................................................................... i State of Maryland - Notice to Vendors IFB Key Information Summary Sheet Bidder Minimum Qualifications

SECTION 1 - GENERAL INFORMATION

GI - 1.1 Summary Statement GI - 1.2 Abbreviations and Definitions GI - 1.3 Contract Type GI - 1.4 Contract Duration GI - 1.5 Procurement Officer GI - 1.6 Contract Manager GI - 1.7 Pre-Bid Meeting and Site Visit GI - 1.8 eMarylandMarketplace Advantage GI - 1.9 Questions Due Date GI - 1.10 Procurement Method GI - 1.11 Bids Due (Closing) Date and Time GI - 1.12 Multiple or Alternate Bids GI - 1.13 Receipt, Opening and Recording of Bids GI - 1.14 Confidentiality of Bids GI - 1.15 Basis of Award GI - 1.16 Tie Bids GI - 1.17 Duration of Bid GI - 1.18 Revisions to the IFB / Amendments and Acknowledgements GI - 1.19 Cancellations GI - 1.20 Incurred Expenses GI - 1.21 Protest/Disputes GI - 1.22 Bidder Responsibilities GI - 1.23 Substitution of Personnel GI - 1.24 Mandatory Contractual Terms GI - 1.25 Bid/Proposal Affidavit GI - 1.26 Contract Affidavit GI - 1.27 Compliance with Laws/Arrearages GI - 1.28 Verification of Registration and Tax Payment GI - 1.29 Electronic Funds Transfer GI - 1.30 Prompt Payment Policy GI - 1.31 Electronic Procurements Authorized GI - 1.32 Minority Business Enterprise (MBE) Goals GI - 1.33 MBE Forms GI - 1.34 Liquidated Damages GI - 1.35 Living Wage Requirements GI - 1.36 Maryland Healthy Working Families Act Requirements GI - 1.37 Conflict of Interest Affidavit and Disclosure GI - 1.38 Non-Disclosure Agreement GI - 1.39 Non-visual Access ii

MDOT MVA Cumberland Branch

V-CUM-20041-M

GI - 1.40 Mercury and Products That Contain Mercury GI - 1.41 Veteran-Owned Small Business Enterprise Goals (VSBE) GI - 1.42 Location of the Performance of Services Disclosure GI - 1.43 Department of Human Services (DHS) Hiring Agreement GI - 1.44 Additions / Deletions GI - 1.45 Changes GI - 1.46 Liability GI - 1.47 Small Business Reserve (SBR) Procurement GI - 1.48 Bid Documents GI - 1.49 Compensation and Method of Payment GI - 1.50 Confidentiality Agreement Instructions GI - 1.51 Insurance GI - 1.52 Commercial Non-Discrimination Clause GI - 1.53 Public Information Act GI - 1.54 Termination for Default GI - 1.55 Termination for Convenience GI - 1.56 Bidder’s List GI – 1.57 Reciprocal Preference GI - 1.58 Contract Initiation Requirements GI - 1.59 End of Contract Transition GI - 1.60 Financial Capabilities

SECTION 2 – SCOPE OF WORK

2.1 Background and Purpose

2.2 General Requirements

2.3 Contractor Responsibilities

2.4 MDOT MVA Facility Location, Contacts and Hours of Operations

2.5 State Observed Holidays

2.6 Mowing

2.7 Edging

2.8 Trees, Shrubs & Ground Cover

2.9 Trash and Debris Removal

2.10 Leaf Removal

2.11 Off Season Clean-Up

2.12 Extra Work

2.12 Environmental Compliance and Safety

2.14 Performance Meetings

2.15 Reductions for Non-Performance or Failure to Meet Standards

2.16 Disputes Arising from Reductions

2.17 Equipment

2.18 On-Site Supervisor

2.19 License Requirements

2.20 Problem Escalation Procedure (PEP)

2.21 Scheduling of Work

2.22 Security Requirements

2.23 On-Site Security Requirements

SECTION 3 - IFB ATTACHMENTS

iii

MDOT MVA Cumberland Branch

V-CUM-20041-M

ATTACHMENT A – CONTRACT

ATTACHMENT B – BID/PROPOSAL AFFIDAVIT

ATTACHMENT C – CONTRACT AFFIDAVIT

ATTACHMENT D – MINORITY BUSINESS ENTERPRISE FORMS

ATTACHMENT E – PRE-BID/SITE-VISIT MEETING RESPONSE FORM

ATTACHMENT F – BID PRICING INSTRUCTIONS

ATTACHMENT G – LIVING WAGE AFFIDAVIT

ATTACHMENT H – CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

ATTACHMENT I – NON-DISCLOSURE AGREEMENT

ATTACHMENT J – MERCURY AFFIDAVIT

ATTACHMENT K – VETERAN-OWNED SMALL BUSINESS ENTERPRISE

ATTACHMENT L – SMALL BUSINESS RESERVE AFFIDAVIT

ATTACHMENT M – LOCATION OF THE PERFORMANCE OF SERVICES

DISCLOSURE

ATTACHMENT N – DHS HIRING AGREEMENT

ATTACHMENT O – EXPERIENCE QUESTIONNAIRE FORM

ATTACHMENT P - CONFIDENTIALITY AGREEMENT

SECTION 5 – BID SUBMISSION INSTRUCTIONS

INSTRUCTIONS

V-CUM-20041-M

State of Maryland - Notice to Vendors

STATE OF MARYLAND

NOTICE TO VENDORS

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

Solicitation No: V-CUM-20041-M Title: LANDSCAPING MAINTENANCE SERVICES –

MDOT MVA CUMBERLAND BRANCH

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

( ) Other commitments preclude our participation at this time.

( ) The subject of the solicitation is not something we ordinarily provide.

( ) We are inexperienced in the work/commodities required.

( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)

( ) The scope of work is beyond our present capacity.

( ) Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS section.)

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

( ) Time allotted for completion of the Bid 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:

IFB Key Information Summary Sheet

CONTRACT No.: V-CUM-20041-M

TITLE: Landscaping Services-MDOT MVA Cumberland Branch

ADVERTISED: February 11, 2020

PRE-BID MEETING: February 25 @ 10:00 a.m.

1330 Winchester Rd. SW

Cumberland, MD 21502

SITE VISIT: February 25 @ 10:00 a.m. – immediately following pre-bid meeting 1330 Winchester Rd. SW

Cumberland, MD 21502

PROCUREMENT OFFICER: Kelli Gower Email Address: kgower@mdot.maryland.gov Phone: 410-768-7396

CONTRACT MANAGER: Michael Krampf 1330 Winchester Rd. SW

Cumberland, MD 21502

BIDS ARE TO BE SENT TO: Maryland Department of Transportation Motor Vehicle Administration

Division of Procurement and Contracts

ATTN: BID BOX

6601 Ritchie Hwy, N.E.

Glen Burnie, MD 21062

QUESTIONS DUE DATE: March 5, 2020 @ 12:00 p.m.

BID DUE DATE AND TIME: March 19, 2020 @ 2:00 p.m.

CONTRACT TERM: Three (3) year base term with One (1), Two (2) year renewal option

MINIMUM MBE GOALS: 0%

MINIMUM VSBE GOALS: 0%

SBR: NO

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V-CUM-20041-M

Bidder Minimum Qualifications

The Bidder must provide proof with its Bid that the following Minimum Qualifications have been met:

1. The Bidder shall have been actively engaged in performing landscaping services of equal or greater scope as herein specified for a continuous period of at least three (3) years. Experience of individual personnel in the Company or firm shall not count towards meeting the required three

(3) years of experience for the Contractor as a firm or business. As proof of meeting this requirement, the Bidder shall provide with its Bid a list of three (3) customer references where it has provided landscaping services on a year-round basis. Contact names and phone numbers must also be provided.

2. The Bidder shall be licensed in the State of Maryland with the Department of Labor, Licensing and Regulations.

4. The Bidder shall be licensed with the Maryland Department of Agriculture (MDA) in the following Pesticide Categories:

• Ornamental - Exterior (e.g., insect, disease, control on plants in the landscape, and weed control in plant beds and around ornamental plantings)

• Turf (e.g., weed, insect or disease control to lawns)

• Right-Of-Way and Weed (e.g., treatment of roadsides, utilities, railroads, non-croplands, fence lines, structural perimeters, or similar areas)

As proof in meeting this requirement, the Bidder shall submit copies of current licenses and certifications with the bid and shall remain licensed for the duration of the contract.

5. All Service Personnel applying pesticides shall be properly trained in accordance with all applicable State and Federal Laws and Regulations and registered with the MDA in the category for which they are applying pesticides. All Service Personnel applying pesticides shall carry an MDA ID at all times while on MDOT MVA Property.

6. The Bidder shall assign an On-Site Supervisor who is fully and adequately trained and have a minimum of two (2) years’ experience in performing landscaping and supervision services of equal or greater scope as herein specified. The Bidder shall provide at time of bid a resume of the proposed On-Site Supervisor demonstrating that the On-Site Supervisor has the required experience.

7. The Bidder shall assign a Department of Natural Resources (DNR) Licensed Tree Expert to provide trimming, pruning, thinning, cabling, shaping, removing, or reducing the crown of trees over 20 feet tall. As proof in meeting this requirement, the Bidder shall submit copies of current licenses with the bid and shall remain licensed for the duration of the contract.

SECTION 1 - GENERAL INFORMATION

GI - 1.1 Summary Statement

1.1.1 The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) is issuing this Invitation for Bids (IFB) to provide landscaping services at the MDOT MVA Cumberland Branch located at 1330 Winchester Rd., SW, Cumberland, MD 21502.

1.1.2 It is the MDOT MVA’s intention to obtain services, as specified in this IFB, from a Contract between the successful Bidder and the MDOT MVA.

1.1.3 The MDOT MVA intends to make “a single award” as a result of this IFB.

1.1.4 Bidders, either directly or through their subcontractor(s), must be able to provide all services and meet all of the requirements requested in this IFB and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

GI - 1.2 Abbreviations and Definitions

1.2.1 For purposes of this IFB, the following abbreviations or terms have the meanings indicated below:

a. Bid – A statement of price offered by a Bidder in response to an IFB.

b. Bidder – An entity that submits a Bid in response to this IFB.

c. BPW – The Maryland Board of Public Works.

d. Business Day – The official Working Days of the week to include Monday through Saturday.

Official Working Days exclude State Holidays (see definition of “Normal State Business Hours” below).

e. CFMO – Chief Facility Maintenance Officer.

f. Contract – The Contract awarded to the successful Bidder pursuant to this IFB. The Contract will be in the form of Attachment A.

g. Contract Manager (CM) – The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Contract Manager may authorize in writing one or more State representatives to act on behalf of the Contract Manager in the performance of the Contract Manager’s responsibilities.

V-CUM-20041-M

h. eMMA – eMaryland Marketplace Advantage.

i. FORCE MAJEURE - An event or effect that could not be reasonably anticipated or controlled.

j. Go-Live Date – The date when the Contractor must begin providing all services required by this solicitation.

k. Invitation for Bids (IFB) – This Invitation for Bids solicitation issued by the MDOT MVA, Solicitation Number V-CUM-20041-M dated November 12, 2019, including any addenda.

l. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.

m. MDOT MVA – Maryland Department of Transportation Motor Vehicle Administration.

n. Normal State Business Hours - Normal State business hours are 8:30 a.m. – 4:30 p.m.

Monday through Friday and Saturday 8:30 a.m. – 12:00 p.m. except State Holidays, which can be found at: www.dbm.maryland.gov – keyword: State Holidays.

o. Notice to Proceed (NTP) – A letter from the Contract Manager to the Contractor stating the date the Contractor can begin work subject to the conditions of the Contract. After Contract Commencement, additional NTPs may be issued by the Contract Manager regarding the start date for any service included within this IFB with a delayed, or non-specified implementation date, or if the MDOT MVA decides to exercise any optional services identified in this IFB.

p. POC – Point of Contact – An MDOT MVA Official at each facility that provides the

Contractor with appropriate access to the site and approves his/her entry to the facility.

q. Procurement Officer – Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation. After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment A), including being the only State representative who can authorize changes to the Contract. The Department may change the Procurement Officer at any time by written notice to the Contractor.

r. State – The State of Maryland.

s. Total Bid Price - The Bidder’s total price for services in response to this IFB, included in the

Bid in the Contractor’s Bid Sheet, and used in determining the recommended awardee (see IFB Section Award Basis).

t. Veteran-Owned Small Business Enterprise (VSBE) – A business that is verified by the Center for Veterans Enterprise of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13.

u. Working Day – Same as “Business Day.”

GI - 1.3 Contract Type

Any contract resulting from this IFB shall be a firm fixed price as defined in COMAR 21.06.03.

http://www.dbm.maryland.gov/

GI - 1.4 Contract Duration

1.4.1 The Contract that results from this solicitation shall be for a three (3) year period commencing as of the date the Contract is signed by the MDOT MVA. Approval of the Contract by the Board of Public Works will precede the final approval of the MDOT MVA, if such approval is required.

The MDOT MVA reserves the unilateral option to renew for an additional one (1), two (2) year period at the same terms, conditions, specifications and cost listed on the Contractor’s Bid Sheet.

1.4.2 As of the Notice to Proceed (NTP) Date contained in the Award Letter issued by the Procurement

Officer, the Contractor shall begin performing all activities required by the Contract, including the requirements of the solicitation.

1.4.3 Modifications to extend a contract term are permitted only if extended before the original term expires, if the work to be performed under the extension is the same as the original contract. In the event there are unspent funds remaining, this Contract may be extended for time only for total period no longer than one-third of the base term of the original.

1.4.4 The duration of the Contract will be from the date of Contract Commencement through approximately three (3) years for the provision of all services required by the Contract, and the requirements of the IFB, including the 2.32.3 activities listed in Section 2.3.1.

1.4.5 The Contractor’s obligations to pay invoices to subcontractors that provided services during the

Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (see Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.

GI - 1.5 Procurement Officer

1.5.1 The Procurement Officer is the sole point of contact in the State for purposes of this solicitation prior to the award of any Contract (see definition of “Procurement Officer” in Section 1.2).

1.5.2 The name and contact information of the Procurement Officer are indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors).

1.5.3 The MDOT MVA may change the Procurement Officer at any time by written notice to the Contractor.

GI - 1.6 Contract Manager

1.6.1 The Contract Manager monitors the daily activities of the Contract and provides guidance to the Contractor. (See definition of “Contract Manager” in Section 1.2).

1.6.2 The name of the Contract Manager is located in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors).

1.6.3 The MDOT MVA may change the Contract Manager at any time by written notice to the

GI - 1.7 Pre-Bid Meeting and Site Visit

1.7.1 A Pre-Bid Meeting will be held at the date, time and location indicated in the IFB Key

Information Summary Sheet. Attendance at the Pre-Bid Meeting is not mandatory, but all interested Bidders are encouraged to attend to raise questions and/or issues of concern regarding this IFB, gain an understanding of the bidding process, and facilitate better preparation of their bids. In addition, attendance may facilitate the Bidders understanding of the IFB requirements.

1.7.2 A Site Visit will be held directly after the pre-bid bid meeting at the date, time and location indicated in the IFB Key Information Summary Sheet. Attendance at the Site Visit is not mandatory. All interested Bidders are encouraged to attend in order to become familiar with the project environment.

1.7.3 The Pre-Bid/Site Visit Response Form shall be submitted via email to the Procurement Officer within three days of the time indicated in the IFB Key Information Summary Sheet, in order to be considered. This Form serves as a reservation for the Scheduled Site Visit. Accommodations are contingent upon Bidders submitting the Site Visit Response Form.

1.7.4 It is the sole responsibility of the Bidders to familiarize themselves fully with the scope of work and the contents of these specifications. Failure to attend the Pre-Bid Meeting or Site Visit does not relieve the successful Bidder from its obligations to comply with all aspects of this IFB and resulting Contract for the amount specified in its bid.

1.7.5 As promptly as feasible after the Pre-Bid Meeting, a written summary of the meeting and all questions and answers known will be distributed electronically via addendum on eMaryland Marketplace Advantage at https://emma.maryland.gov.

GI - 1.8 eMarylandMarketplace Advantage

1.8.1 Each Bidder is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number on the Contractor’s Bid Sheet Form submitted at the time of its Bid submission to this

IFB.

1.8.2 eMMA is an electronic commerce system administered by the Maryland Department of General

Services. In addition to using the eMMA website (https://emma.maryland.gov) for advertisement, the solicitation and summary of the Pre-Bid Meeting, Bidder questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be provided on eMMA.

1.8.3 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

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

GI - 1.9 Questions Due Date

1.9.1 Please submit all questions in writing to the Procurement Officer via email address listed on the

IFB Key Information Summary Sheet. Questions will be received until date listed on the IFB Key Information Summary Sheet.

1.9.2 Oral questions will not be entertained.

https://emma.maryland.gov/

1.9.3 All questions and responses will be published as an Addendum to the solicitation on eMMA.

1.9.4 Bidders should receive an email from the Procurement Officer once the question is received. If a bidder does not receive an email confirmation, please contact the Procurement Officer. If a bidder does not receive a confirmation email and does not contact the Procurement Officer, MDOT MVA will not be able to accept questions after the question due date, provide answers to questions received after the question due date, or extend the bid due date because of questions not received.

GI - 1.10 Procurement Method

1.10.1 This procurement is being conducted in accordance with the Code of Maryland Regulations

(“COMAR”), Title 21, State Procurement Regulations, COMAR 21.05.02, Procurement by Competitive Sealed Bidding.

GI - 1.11 Bids Due (Closing) Date and Time

1.11.1 Bids must be received by the date and time indicated in the IFB Key Information Summary Sheet

(near the beginning of the solicitation, after the Title Page and Notice to Vendors) in order to be considered. Bids received after the time deadline will be considered late and returned unopened to the Bidder.

A. Bid documents shall be submitted in sealed packaging and include the following information clearly marked and identified on the outside of the package:

Contract Number Contract Title Bid Opening Date Bidder Name Bidder Address

B. When submitting your completed bid, the following documents must be submitted:

All Addenda Acknowledgment Pages Bid Form Contractor’s Bid Sheet Bid Affidavit Experience Questionnaire Living Wage Affidavit Resume for On-Site Supervisor Small Business Reserve Affidavit (SBR) (if applicable) References DLLR License MDA Pesticide Certifications DNR Tree Expert License

C. If the Bid document package is too large for the bid box, you should ring the doorbell located at Room 223 to alert the Procurement staff to come and physically receive the Bid. A receipt will be issued upon request.

V-CUM-20041-M

D. When submitting bid packages via US Mail, Federal Express, DHL, UPS or any other delivery service, the MDOT MVA shall not be responsible for ensuring that the bid reaches the bid box before the time deadline. It may be in your best interest to send the package 24 hours in advance of the deadline. Also, when sending packages this way, make sure that the outside labeling clearly identifies the above referenced information.

1.11.2 Requests for extension of this time or date will not be granted. Bidders mailing Bids should allow sufficient mail 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 this IFB will not be considered.

1.11.3 Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening.

1.11.4 Bids may not be submitted by e-mail or facsimile.

1.11.5 Vendors not responding to this solicitation are requested to submit the “Notice to Vendors” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.). This form is located in the IFB immediately following the Table of Contents Page (page 1).

GI - 1.12 Multiple or Alternate Bids

1.12.1 Multiple and/or alternate Bids will not be accepted.

GI - 1.13 Receipt, Opening and Recording of Bids

1.13.1 Receipt. Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

1.13.2 Opening and Recording. Bids and timely modifications to Bids shall be opened publicly, at the time, date and place designated in the IFB. 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.

1.13.3 The Bid Opening (See Key Information Summary Sheet).

GI - 1.14 Confidentiality of Bids

1.14.1 The Bids shall be tabulated, or a Bid abstract made. The opened Bids shall be available for public inspection at the time of Bid opening, 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.

1.14.2 For requests for information made under the Maryland Public Information Act (PIA), the Procurement Officer shall examine the Bids to determine the validity of any requests for

V-CUM-20041-M

nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

GI - 1.15 Basis of Award

1.15.1 The Contract will be awarded to the responsive and responsible bidder submitting the most favorable evaluated bid price. The quantities shown on the Schedule of Prices/Contractor’s Bid Sheet are for evaluation purposes and to establish firm, fixed unit prices for the duration of the Contract. The quantities shown are not guaranteed amounts.

GI - 1.16 Tie Bids

1.16.1 Tie Bids will be decided pursuant to COMAR 21.05.02.14.

GI - 1.17 Duration of Bid

1.17.1 Bids submitted in response to this IFB are irrevocable for 90 days following the closing date of the Bids. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

GI - 1.18 Revisions to the IFB / Amendments and Acknowledgements

1.18.1 If it becomes necessary to revise this IFB before the due date for Bids, the MDOT MVA shall endeavor to post addenda to all prospective Bidders that were sent this IFB on the eMMA web page. It remains the responsibility of all prospective Bidders to check the website for any addenda issued prior to the submission of Bids.

1.18.2 If it becomes necessary to revise this IFB, amendments will be posted via https://emma.maryland.gov. Acknowledgement of the receipt of all amendments to the IFB must be submitted with bid package by the Bidder. Failure to acknowledge receipt does not relieve the bidder from complying with all terms of any such amendment.

GI - 1.19 Cancellations

1.19.1 The State reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part, received in response to this IFB.

GI - 1.20 Incurred Expenses

1.20.1 The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or in performing any other activities related to this solicitation.

GI - 1.21 Protest/Disputes

1.21.1 Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

GI - 1.22 Bidder Responsibilities

1.22.1 The selected Bidder shall be responsible for rendering services for which it has been selected as required by this IFB. All subcontractors shall be identified and a complete description of their role relative to the Bid shall be included in the Bidder’s Bid. 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) of this IFB (see “Minority Business Enterprise Goals” and “Veteran-Owned Small Business Enterprise Goals.”).

1.22.2 If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder, such as 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 shall submit with its Bid an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

1.22.3 If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder, such as 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 that the parent organization will guarantee the performance of the subsidiary.

GI - 1.23 Substitution of Personnel

1.23.1 If the IFB requires that a particular individual, or personnel, be designated by the Bidder to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Manager prior to the substitution. If the Contractor substitute’s personnel without the prior written approval of the Contract Manager, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

GI - 1.24 Mandatory Contractual Terms

1.24.1 By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, a sample is attached herein as Attachment A. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Contractor’s Bid Sheet or Contract, made by the Bidder may result in Bid rejection.

GI - 1.25 Bid/Proposal Affidavit

1.25.1 A Bid submitted by a Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B of this IFB.

GI - 1.26 Contract Affidavit

1.26.1 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 as Attachment C of this IFB. This Affidavit must be provided within Ten (10) Business Days of notification of proposed Contract award. This Contract Affidavit is also required to be submitted by the Contractor with any Contract renewal, including the exercise of any options or modifications that may extend the Contract term. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), note that a business entity that is organized outside of the State of Maryland is considered to be a “foreign” business.

GI - 1.27 Compliance with Laws/Arrearages

1.27.1 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.

1.27.2 By submitting a response to this IFB, 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 that it shall not become so in arrears during the term of the Contract if selected for Contract award.

GI - 1.28 Verification of Registration and Tax Payment

1.28.1 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. The SDAT website is www.dat.state.md.us/sdatweb/services.html .

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

GI - 1.29 Electronic Funds Transfer

1.29.1 By submitting a response to this IFB, the Bidder agrees to accept payments by electronic funds transfer unless the MDOT MVA grants an exemption. The selected Bidder shall register using the Maryland Department of Transportation Motor Vehicle Administration Vendor Electronic Funds Transfer (EFT) Registration Request Form. Any request for exemption must be submitted to the MDOT MVA’s Office of Finance for approval at the address specified on the EFT Registration Request Form and must include the business identification information as stated on the form and the reason for the exemption.

GI - 1.30 Prompt Payment Policy

1.30.1 This procurement and the Contract(s) to be awarded pursuant to this IFB are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority and http://www.dat.state.md.us/sdatweb/services.html

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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 must comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Payment” (see Attachment A). Additional information is available on GOSBA’s website at:

http://goma.maryland.gov/Documents/Legislation/PromptPaymentFAQs.pdf

GI - 1.31 Electronic Procurements Authorized

1.31.1 Under COMAR 21.03.05, unless otherwise prohibited by law, the MDOT MVA may conduct certain procurement transactions by electronic means, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21.

1.31.2 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 IFB or the Contract.

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

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

1.31.4 In addition to specific electronic transactions specifically authorized in other sections of this IFB

(e.g., § 1.30 “Payments by Electronic Funds Transfer”) and subject to the exclusions noted in Section 1.31.5 of this Subsection, the following transactions are authorized to be conducted by electronic means on the terms described:

1. The Procurement Officer may conduct the IFB using eMMA, e-mail to issue:

(a) the IFB;

(b) any amendments;

(c) Pre-Bid meeting documents;

(d) questions and responses;

(e) communications regarding the IFB or Bid to any Bidder or potential Bidder;

(f) notices of award selection or non-selection; and

(g) the Procurement Officer’s decision on any Bid protest or Contract claim.

2. A Bidder or potential Bidder may use e-mail to:

(a) ask questions regarding the IFB;

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

(c) submit a "Notice to Vendors" response to the IFB.

http://goma.maryland.gov/Documents/Legislation/PromptPaymentFAQs.pdf

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3. The Procurement Officer, the Contract Manager, and the Contractor may conduct day-to-day Contract administration, except as outlined in Section 1.31.5 of this Subsection utilizing e-mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract Manager.

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

1. submission of initial Bids;

2. filing of Bid Protests;

3. filing of Contract Claims and Notices of Claim;

4. submission of documents determined by the MDOT MVA to require original signatures (e.g., Contract execution, Contract modifications, etc.); or

5. 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.

1.31.6 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 Manager.

GI - 1.32 Minority Business Enterprise (MBE) Goals

1.32.1 There is no MBE subcontractor participation goal for this procurement.

GI - 1.33 MBE Forms

1.33.1 Not required for this solicitation.

GI - 1.34 Liquidated Damages

1.34.1 Not required for this solicitation.

GI - 1.35 Living Wage Requirements

1.35.1 Maryland law requires that contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements.

See COMAR 21.11.10.05.

If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05.

Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

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Bidders must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment G) with their Bids. If the Bidder fails to complete and submit the required documentation, the State may determine the Bidder to not be responsible under State law.

Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or a Tier 2 Area of the State. The specific Living Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State.

a. The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18-102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. If the Contractor provides more than 50% of the services from an out-of- State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, the Contract will be determined to be a Tier (enter “1” or “2,” depending on where the majority of the service recipients are located) Contract.

b. The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder must identify in its Bid the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided.

c. If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract.

d. If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract.

If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located.

See COMAR 21.11.10.07.

THIS IS A TIER 2 CONTRACT.

The Bidder shall identify in the Bid the location from which services will be provided.

NOTE: Whereas the Living Wage may change annually, the Contract price will not change because of a Living Wage change. The Contractor shall be responsible for any wage/rate increase during the term of the Contract and such increase may not be passed on to the State.

GI - 1.36 Maryland Healthy Working Families Act Requirements

1.36.1 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/

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GI - 1.37 Conflict of Interest Affidavit and Disclosure

1.37.1 A Conflict of Interest Affidavit is not required for this procurement.

GI - 1.38 Non-Disclosure Agreement

1.38.1 A Non-Disclosure Agreement is not required for this procurement.

GI - 1.39 Non-visual Access

1.39.1 This solicitation does not contain Information Technology (IT) provisions requiring Non-visual Access.

GI - 1.40 Mercury and Products That Contain Mercury

1.40.1 This solicitation does not include the procurement of products known to likely include mercury as a component.

GI - 1.41 Veteran-Owned Small Business Enterprise Goals (VSBE)

1.41.1 There is no Veteran-Owned Small Business Enterprise (VSBE) subcontractor participation goal for this procurement.

GI - 1.42 Location of the Performance of Services Disclosure

1.42.1 This solicitation does not require a Location of the Performance of Services Disclosure.

GI - 1.43 Department of Human Services (DHS) Hiring Agreement

1.43.1 A DHS Hiring Agreement is not required for this solicitation.

GI - 1.44 Additions / Deletions

1.44.1 The MDOT MVA's Procurement Officer, upon five (5) days written notice to the Contractor, may add or delete any item covered under this IFB. When a unit is added or deleted, a rate adjustment shall be made proportionately.

GI - 1.45 Changes

1.45.1 The Procurement Officer may make any changes in the work within the general scope of the Contract at any time by written order designated to be a change order. If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under the Contract, an equitable adjustment shall be made, and the Contract shall be modified in writing accordingly.

GI - 1.46 Liability

1.46.1 The Contractor agrees to assume full responsibility for any and all damage to the property of the MDOT MVA, both real and personal, which results from or arises in connection with the performance of this Contract.

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1.46.2 The Contractor hereby agrees to indemnify and save harmless the State of Maryland, the Maryland Department of Transportation, and MDOT MVA and its employees against any and all claims, damages, costs, losses and liabilities whatsoever, for any and all injury to persons and property which may arise out of the performance of this Contract.

1.46.3 The Contractor agrees to maintain adequate insurance coverage as identified in “Insurance

Requirements” of this IFB in order to fulfill responsibility under this section.

GI - 1.47 Small Business Reserve (SBR) Procurement

1.47.1 This solicitation is not designated as a Small Business Reserve (SBR) Procurement.

GI - 1.48 Bid Documents

1.48.1 All Bids must be on the forms prescribed by the MDOT MVA. This means no Bid shall contain or be accompanied by any writing purporting to limit or qualify the MDOT MVA's right to accept such Bid or purporting to alter such Bid or any Contract which may be executed pursuant thereto.

If, notwithstanding the foregoing, any Bidder shall submit such writing, the MDOT MVA may, in its discretion, disregard such writing and accept the Bid without the attempted qualification, limitation, or alteration. The MDOT MVA also as an alternative, without any implication that it is necessarily the only alternative, may reject any Bid accompanied by or containing any such writing. Bids may also be rejected if they show any alteration of forms, additions not called for, additional or alternate bids, incomplete bids, erasures, or irregularities of any kind. Each entity who obtains a set of bidding documents will be furnished with such number of Bid forms as may reasonably be required.

GI - 1.49 Compensation and Method of Payment

1.49.1 Payment will be made by Electronic Funds Transfers within thirty (30) days following proper receipt of an approved invoice from the Contractor.

1.49.2 All invoices and/or correspondence pertaining to invoices shall be identified with Contract

Number V-CUM-20041-M and shall be forwarded to MVAAPInvoices@mdot.maryland.gov.

1.49.3 All services provided under this Contract shall be billed within thirty (30) days from date of service and in accordance with the bid prices on Schedule of Prices or the Contractor’s Bid Sheet.

1.49.4 The invoice must also include on its face, the Contractor’s Federal Tax Identification Number.

1.49.5 All invoices for services shall be signed by the Contractor and submitted to the Contract

Manager. All invoices shall include the following information:

• Contractor name;

• Remittance address;

• Telephone number;

• Contact Person;

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number);

• Invoice period;

mailto:MVAAPInvoices@mdot.maryland.gov

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• Invoice date;

• Invoice number

• State assigned Contract number;

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

• Goods or services provided; and

• Amount due.

1.49.6 Invoices submitted without the required information cannot be processed for payment until the

Contractor provides the required information.

1.49.7 The invoice must be supported by a job or work ticket created by the technician providing the service and this ticket MUST BE SIGNED BY AN APPROPRIATE MDOT MVA REPRESENTATIVE. An appropriate representative will be either a member of the management team or a member of the Facility’s Maintenance personnel or their delegated alternate. The appropriate MDOT MVA personnel will also be announced at the Contract’s pre-start conference.

INVOICES WILL NOT BE PAID WITHOUT AN ATTACHED SIGNED COPY OF THE

JOB/WORK TICKET.

GI - 1.50 Confidentiality Agreement Instructions

1.50.1 Not required for this solicitation.

GI - 1.51 Insurance

1.51.1 The Contractor shall maintain the following coverage:

• Worker’s Compensation & Employers Liability Coverage (WC/EL)

• Commercial General Liability (CGL)

• Automobile Liability (AL)

• Excess/Umbrella (XS/UMB)

1.51.2 Workers Compensation & Employers Liability Coverage (W C/EL)

Section A: Statutory Benefits as required by the State of Maryland, or the state of hire Section B: Employers Liability - $500,000 Each Accident, $500,000 Disease Policy Limit, $500,000 Disease – Each Employee

1.51.3 Commercial General Liability (CGL)

Bodily Injury/Property Damage Each Occurrence Limit $ 1,000,000 Personal & Advertising Injury Limit $ 1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations Aggregate Limit $ 2,000,000 Fire Legal Liability $ 300,000 Medical Payments to Others $ 10,000

1.51.4 Automobile Liability (AL)

Combined Single Limit $ 1,000,000 Include Owned, Hired and Non-Owned Auto Liability Uninsured/Underinsured Motorists $ 1,000,000

1.51.5 Excess/Umbrella (XS/UMB)

Each Occurrence Limit $ 2,000,000 Aggregate Limit $ 2,000,000

1.51.6 If recommended for award, within 10 business days from notification by the Procurement Officer…