AH-000-200-001- MS-IFB-Final 4-5-2023.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF GENERAL SERVICES (DGS)

MULTI-STEP INVITATION TO BID (MS-IFB)

MARYLAND SCHOOL FOR THE DEAF

DESIGN AND CONSTRUCTION OF A FIRE ALARM AND MASS

NOTIFICATION SYSTEM AT THE MSD COLUMBIA CAMPUS

IN ELLICOTT CITY, MARYLAND

MS-IFB NO.: AH-000-200-001

ISSUE DATE: APRIL 5, 2023

NOTICE

BIDS FOR THIS SOLICITATION WILL ONLY BE RECEIVED THROUGH EMARYLAND

MARKETPLACE ADVANTAGE. NO PAPER BIDS WILL BE ACCEPTED.

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO

THIS SOLICITATION.

Department of General Services Board of Public Works Atif Chaudhry Wes Moore, Governor 301 West Preston Street Brooke Lierman, Comptroller Baltimore, Maryland 21201 Dereck E. Davis, Treasurer

VENDOR FEEDBACK FORM

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

Title: Design and Construction of a Fire Alarm and Mass Notification System at the MSD Columbia Campus Solicitation No: AH-000-200-001

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

� Other commitments preclude our participation at this time

� The subject of the solicitation is not something we ordinarily provide

� We are inexperienced in the work/commodities required

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

� The scope of work is beyond our present capacity

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

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

� Time allotted for completion of the Proposal is insufficient

� Start-up time is insufficient

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

� Proposal requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS: ____________________________________________________________________________________

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

STATE OF MARYLAND

MARYLAND DEPARTMENT OF GENERAL SERVICES (DGS)

KEY INFORMATION SUMMARY SHEET

Multi-Step Invitation for Bid

Maryland School for the Deaf - Design and Construction of a Fire Alarm and Mass Notification System at the MSD Columbia Campus

Solicitation Number: AH-000-200-001

IFB Issue Date: April 5, 2023

IFB Issuing Office: Maryland Department of General Services (DGS or the "Department")

Procurement Officer: Jessica Matos 301 W. Preston Street Room: 1204 Baltimore, MD 21201 e-mail:

Office Phone:

Jessica.Matos@maryland.gov 410-767-4616

Bids are to be sent to: BIDS FOR THIS SOLICITATION WILL ONLY BE RECEIVED THROUGH eMARYLAND MARKETPLACE

ADVANTAGE. NO PAPER PROPOSALS WILL BE

ACCEPTED.

Pre-Bid Conference: April 12, 2023 @ 10:00 AM Local Time MD School for the Deaf – Denton Building – Conference Room 207 8169 Old Montgomery Road Ellicott City, MD 21043

Questions Due Date and Time

April 20, 2023, by 2:00PM Local Time

Bid Due (Closing) Date and Time:

May 4, 2023, @ 2:00 PM Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Goal: 25% with no sub goals.

VSBE Goal: 5%

Contract Type: Firm Fixed Price

Contract Duration: 16 Months (486 calendar days from NTP) to Substantial Completion 530 calendar days to receive full approval from the Office of the State Fire Marshal

Primary Place of Performance:

Ellicott City, Maryland

SBR Designation: No

Federal Funding: No

Table of Contents

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.2 Contract Type

1.3 Contract Duration

1.4 Procurement Officer

1.5 Contract Monitor

1.6 Pre-Bid Conference

1.7 eMaryland Marketplace Advantage (eMMA)

1.8 Questions

1.9 Procurement Method

1.10 Bids/Proposals Due – Closing Date and Time

1.11 Multiple or Alternate Bids

1.12 Confidentiality of Bids

1.14 Award Basis and Assignment of Work

1.16 Tie Bids

1.17 Duration of Bid

1.18 Revisions to the MS-IFB

1.19 Cancellations

1.20 Incurred Expenses

1.21 Protest/Disputes

1.22 Bidder Responsibilities

1.23 Substitution of Personnel

1.24 Mandatory Contractual Terms

1.25 Bid Affidavit

1.26 Contract Affidavit

1.27 Compliance with Laws/Arrearages

1.28 Verification of Registration and Tax Payment

1.29 False Statements

1.30 Payments by Electronic Funds Transfer

1.31 Prompt Payment Policy

1.32 Electronic Procurements Authorized

1.33 Minority Business Enterprise Goals

1.34 Living Wage Requirements

1.35 Federal Funding Acknowledgement

1.36 Conflict of Interest Affidavit and Disclosure

1.37 Non-Disclosure Agreement

1.38 HIPAA - Business Associate Agreement

1.39 Nonvisual Access

1.40 Mercury and Products That Contain Mercury

1.41 Veteran-Owned Small Business Enterprise Goal

1.42 Location of the Performance of Services Disclosure

1.43 Department of Human Resources (DHR) Hiring Agreement

1.44 Invoicing

1.45 Bonds

1.46 Payment of Employee Health Care Expenses

1.47 Prevailing Wage Rates

SECTION 2 – MINIMUM QUALIFICATIONS

2.1 Bidder Minimum Qualifications

SECTION 3 – REQUIREMENTS

3.1 Background and Purpose

3.2 Scope of Work - Requirements

3.3 Security Requirements

3.4 Insurance Requirements

3.5 MBE Reports

3.8 VSBE Reports

3.9 MBE Liquidated Damages

3.10 Non-MBE Liquidated Damages

3.11 Staffing and Organization

SECTION 4 – BID FORMAT

4.1 Two Part Submission

4.2 Technical Offer

4.3 Bid Price Form

4.4 Documents Required upon Notice of Recommendation for Contract Award

SECTION 5 – EVALUATON AND AWARD

5.1 Evaluation Criteria for Technical Offers

5.2 Price Bid Evaluation

5.3 Reciprocal Preference

5.4 Award Determination

5.5 Documents Required upon Notice of Recommendation for Contract Award

MS-IFB ATTACHMENTS

ATTACHMENT A – CONTRACT

ATTACHMENT B – BID AFFIDAVIT

ATTACHMENT C – CONTRACT AFFIDAVIT

ATTACHMENT D – MINORITY BUSINESS ENTERPRISE FORMS

ATT ACHMENT E - VETERAN-OWNED SMALL BUSINESS ENTERPRISE FORMS

ATTACHMENT F - BID FORM INSTRUCTIONS AND BID FORM

ATTACHMENT G - MARYLAND LIVING WAGE REQUIREMENTS FOR SERVICE

CONTRACTS AND AFFIDAVIT OF AGREEMENT

ATTACHMENT H – PRE-BID CONFERENCE RESPONSE FORM

ATTACHMENT I - CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

ATTACHMENT J - BID BOND

ATTACHMENT K - PERFORMANCE BOND

ATTACHMENT L - PAYMENT BOND

ATTACHMENT M - MODIFIED DGS PROCEDURE MANUAL FOR

PROFESSIONAL SERVICES

ATTACHMENT N - GENERAL CONDITIONS FOR CONSTRUCTION PROJECTS

ATTACHMENT O - INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION

PROJECTS

ATTACHMENT P - PROGRAM MANUAL

ATTACHMENT Q - RISK ANALYSIS

ATTACHMENT R - CORPORATE DIVERSITY ADDENDUM

ATTACHMENT S - PAYMENT OF EMPLOYEE HEALTH CARE EXPENSES

& CERTIFICATION

ATTACHMENT T - PREVAILING WAGE RATES

APPENDIX 1 – ABBREVIATIONS AND DEFINITIONS

APPENDIX 2 – APPLICATION FOR QUALIFICAITON FORM……………………………94

APPENDIX 3 – DETAILS OF RELEVANT EXPERIENCE FORM………………………….96

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.1.1 This is a Multi-Step Invitation to Bid (MS-IFB) for Design-Build Construction Services for a new campus-wide Fire Alarm and Mass Notification System (FA/MNS) for the Maryland School for the Deaf, at 8169 Old Montgomery Road, Ellicott City, Maryland 21043. The project involves the design, partial demolition and new construction of a FA/MNS in three campus buildings as follows: the demolition and removal from the site of existing wiring, conduit, devices and any other fire alarm and related components not retained in the new design; the reconfiguration and installation of new components of a mass notification system with emphasis on visual and textural information as well as audible notification; existing fire alarm system upgrades to create an integrated FA/MNS; Owner training and proficiency in operation of the FA/MNS; and ongoing pre-testing of the system operation prior to requesting review by the Office of the Maryland State Fire Marshal (FM). Compliance with State codes and regulations, as well as National Fire Protection Association (NFPA) regulations, is required.

1.1.2 Supporting items include: hardware, software and initial fees to run a Distributed Recipient Mass Notification System (DRMNS) to disseminate Short Message Service (SMS), Multimedia Message Service (MMS) text messages and paging to select or groups of users. The Owner shall have the ability to customize the distribution lists, recipients and messages using only the installed system. The MNS shall have the ability to override the fire alarm-initiated activation.

1.1.3 The Successful Bidder shall be responsible for the technical development of the Construction Drawings and Specifications as well as submissions to the FM and the construction and testing of the system.

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

1.1.5 The Department intends to make a single award as a result of this solicitation.

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

1.1.7 Maryland County, municipal, and other non-State of Maryland governments or government agencies and not for profit organizations within the State of Maryland may NOT purchase from the Contractor goods or services covered by this Contract.

1.2 Contract Type

The Contract resulting from this solicitation shall be a fixed price contract with firm fixed unit prices as defined in 21.06.03.02.A(2).

1.3 Contract Duration

1.3.1 The Contract that results from this solicitation shall commence as of the date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required (“Contract Commencement”).

1.3.2 The Department requires Substantial Completion to occur 486 days following NTP (4 months for Design (120 calendar days inclusive of review by DGS and the Owner)) and 12 months for Construction (365 calendar days) exclusive of review by the State Fire Marshal.

1.3.3 Due to the nature of this project, the State FM has to approve the build of the new FA/MNS prior to MSD’s first use of the FA/MNS. This approval cannot occur until after Substantial Completion. The Contractor is required to obtain this approval no later than 530 days after NTP.

1.3.4 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.

1.4 Procurement Officer

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 Appendix 1).

The name and contact information of the Procurement Officer are indicated in the MS-IFB Key Information Summary Sheet.

The Department may change the Procurement Officer at any time by written notice.

1.5 Contract Monitor

The Contract Monitor is the State representative for this Contract who is primarily responsible for Contract administration functions after Contract award.

The name and contact information of the Contract Monitor are indicated in the MS-IFB Key Information Summary Sheet.

The Department may change the Contract Monitor at any time by written notice.

1.6 Pre-Bid Conference

A Pre-Bid Conference (the Conference) will be held at the date, time, and location indicated in the MS-IFB Key Information Summary Sheet.

All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids.

The Conference will be summarized. 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 MS-IFB. This summary, as well as the questions and answers, will also be posted on eMaryland Marketplace Advantage (eMMA).

In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form to the attention of the Procurement Officer at least five (5) Business Days prior to the Pre-Bid Conference date. 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 at least five (5) Business Days prior to the Pre-Bid Conference date. The Department will make a reasonable effort to provide such special accommodation.

1.7 eMaryland Marketplace Advantage (eMMA)

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

1.7.2 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 “New Vendor? Register Now” to begin the process, and then follow the prompts.

1.7.3 BIDS FOR THIS SOLICITATION WILL ONLY BE RECEIVED THROUGH eMARYLAND

MARKETPLACE ADVANTAGE. NO PAPER PROPOSALS WILL BE ACCEPTED.

1.8 Questions

1.8.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title AH-000-200-001 - Design and Construction of a Fire Alarm and Mass Notification System at the MSD Columbia Campus), and shall be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Proposal due date.

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

1.8.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the Department unless it issues an amendment in writing.

1.9 Procurement Method

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

1.10 Bids/Proposals Due – Closing Date and Time

1.10.1 Proposals, in the form set forth in Section 5 Proposal Format, must be received in eMMA no later than the Proposal due date and time indicated on the Key Information Summary Sheet in order to be considered.

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

1.10.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10, bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

1.10.4 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.

1.10.5 Bids may not be submitted by paper submission, e-mail or facsimile. Bids will not be opened publicly.

1.10.6 Potential Bidders 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).

https://emma.maryland.gov/

1.11 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

1.12 Confidentiality of Bids

1.12.1 The Bidder should give specific attention to the clear identification of those portions of its bid that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page and section number and placed after the Transmittal Letter in the Technical Offer (See Section 4.2 for additional information).

1.12.2 Bidders are advised that, upon request for this information from a third party, the Procurement Officer is required to make an independent determination whether the information must be disclosed.

1.14 Award Basis and Assignment of Work

The Department shall award a Contract to the responsible Bidder submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR 21.05.02.13) for providing the goods and services as specified in this MS-IFB.

1.16 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

1.17 Duration of Bid

Bids submitted in response to this MS-IFB are irrevocable for 120 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.

1.18 Revisions to the MS-IFB

1.18.1 If the MS-IFB is revised before the due date for Bids, the Department shall post any addenda to the MS-IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this MS-IFB or are otherwise known by the Procurement Officer to have obtained this MS-IFB. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

1.18.2 Acknowledgment of the receipt of all addenda to this MS-IFB issued before the Proposal due date shall be included in the Transmittal Letter accompanying the Bidder’s Technical Offer.

1.18.3 Addenda made after the due date for Bids will be sent only to those Bidders that remain under award consideration as of the issuance date of the addenda.

1.18.4 Acknowledgement of the receipt of addenda to the MS-IFB issued after the Proposal due date shall be in the manner specified in the addendum notice.

1.18.5 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Proposal to be deemed not reasonably susceptible of being selected for award.

1.19 Cancellations

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

1.20 Incurred Expenses

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 submitting a Bid in response to this solicitation.

1.21 Protest/Disputes

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).

1.22 Bidder Responsibilities

The selected Bidder shall be responsible for rendering services for which it has been selected as required by this MS- 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 MS-IFB.

If a Bidder that seeks to perform or provide the services required by this MS-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.

1.23 Substitution of Personnel

If the solicitation 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 Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, 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.

1.24 Mandatory Contractual Terms

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

1.25 Bid Affidavit

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

1.26 Contract Affidavit

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included as Attachment C of this MS-IFB. This

Affidavit must be provided within five (5) 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.

1.27 Compliance with Laws/Arrearages

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

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

1.28 Verification of Registration and Tax Payment

Before a business entity can do business in the State it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. The SDAT website is https://egov.maryland.gov/sdat/uccfiling/uccmainpage.aspx.

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.

1.29 False Statements

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

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

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

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

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

1.29.2 A person may not aid or conspire with another person to commit an act under subsection (.1) of this section.

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

1.30 Payments by Electronic Funds Transfer

By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The selected Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form. Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at: https://marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf.

https://egov.maryland.gov/sdat/uccfiling/uccmainpage.aspx

1.31 Prompt Payment Policy

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

1.32 Electronic Procurements Authorized

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

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

C. “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.

D. In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., §

1.30 “Payments by Electronic Funds Transfer”) and subject to the exclusions noted in section E of this subsection, the following transactions are authorized to be conducted by electronic means on the terms as authorized in COMAR 21.03.05:

1. The Procurement Officer may conduct the procurement using eMMA to issue:

(a) the solicitation (e.g., the MS-IFB);

(b) any amendments;

(c) Pre-Bid conference documents;

(d) questions and responses;

(e) communications regarding the solicitation 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 solicitation;

(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, but only on the terms specifically approved and directed by the Procurement Officer;

(c) submit a "No Bid Response" to the solicitation;

(d) file Bid Protests; and

(e) file Contract Claims.

https://gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

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

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

1. submission of documents determined by the Department to require original signatures (e.g., Performance Bonds, Payment Bonds, etc.); or

2. 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.

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

1.33 Minority Business Enterprise Goals

1.33.1 Establishment of Goal and Sub-goals.

An overall MBE subcontractor participation goal as identified in the Key Information Summary Sheet has been established for this procurement, representing a percentage of the total Contract dollar value, including all renewal option terms, if any, has been established for this procurement.

Notwithstanding any subgoals established for this MS-IFB, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from any/all of the various MBE classifications to meet the remainder of the overall MBE participation goal.

By submitting a response to this solicitation, the Bidder acknowledges the overall MBE subcontractor participation goal and subgoals, and commits to achieving the overall goal and subgoals by utilizing certified minority business enterprises, or requests a full or partial waiver of the overall goal and subgoals.

A Bidder that does not commit to meeting the entire MBE participation goal outlined in this Section 1.33 must submit a request for waiver with its proposal submission that is supported by good faith efforts documentation to meet the MBE goal made prior to submission of its proposal as outlined in Attachment D-1B, Waiver Guidance. Failure of a Bidder to properly complete, sign, and submit Attachment D-1A at the time it submits its Technical Response(s) to the MS-IFB will result in the State’s rejection of the Bidder’s Bid for the applicable Service Category. This failure is not curable.

1.33.2 Attachments

A. D-1 to D-5 – The following Minority Business Enterprise participation instructions, and forms are provided to assist Bidders:

1. Attachment D-1A MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (must be submitted with Proposal)

2. Attachment D-1B Waiver Guidance

3. Attachment D-1C Good Faith Efforts Documentation to Support Waiver Request

4. Attachment D-2 Outreach Efforts Compliance Statement

5. Attachment D-3A MBE Subcontractor Project Participation Certification

6. Attachment D-3B MBE Prime Project Participation Certification

7. Attachment D-4A Prime Contractor Paid/Unpaid MBE Invoice Report

8. Attachment D-4B MBE Prime Contractor Report

9. Attachment D-5 Subcontractor Paid/Unpaid MBE Invoice Report

B. The Bidder shall include with its Proposal a completed MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A) whereby:

1. The Bidder acknowledges the certified MBE participation goal and commits to make a good faith effort to achieve the goal and any applicable subgoals, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process; and

2. The Bidder responds to the expected degree of MBE participation, as stated in the solicitation, by identifying the specific commitment of certified MBEs at the time of Proposal submission. The Bidder shall specify the percentage of total contract value associated with each MBE subcontractor identified on the MBE participation schedule, including any work performed by the MBE prime (including a prime participating as a joint venture) to be counted towards meeting the MBE participation goals.

3. The Bidder requesting a waiver should review Attachment D-1B (Waiver Guidance) and D-1C (Good Faith Efforts Documentation to Support Waiver Request) prior to submitting its request.

If the Bidder fails to submit a completed Attachment D-1A with the Bid as required, the Procurement Officer shall determine that the Bid is not responsive, unless the inaccuracy is determined to be the result of a minor irregularity that is waived or cured in accordance with COMAR 21.06.02.04.

Bidder

1.33.4 Bidders are responsible for verifying that each MBE (including any MBE prime and MBE prime participating in a joint venture) selected to meet the goal and any subgoals and subsequently identified in Attachment D-1A is appropriately certified and has the correct NAICS codes allowing it to perform the committed work.

1.33.5 Within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, the Bidder must provide the following documentation to the Procurement Officer:

(a) Outreach Efforts Compliance Statement (Attachment D-2).

(b) MBE Subcontractor/Prime Project Participation Certification (Attachment D-3A/3B); and

(c) Any other documentation required by the Procurement Officer to ascertain Bidder responsibility in connection with the certified MBE subcontractor participation goal or any applicable subgoals.

(d) Further, if the recommended awardee believes a waiver (in whole or in part) of the overall MBE goal or of any applicable subgoal is necessary, the recommended awardee must submit a fully-documented waiver request that complies with COMAR 21.11.03.11.

If the recommended awardee fails to return each completed document within the required time, the Procurement Officer may determine that the recommended awardee is not responsible and, therefore, not eligible for Contract award. If the Contract has already been awarded, the award is voidable.

1.33.6 A current directory of certified MBEs is available through the Maryland State Department of Transportation (MDOT), Office of Minority Business Enterprise, 7201 Corporate Center Drive, Hanover, Maryland 21076.

The phone numbers are (410) 865-1269, 1-800-544-6056, or TTY (410) 865-1342. The directory is also available on the MDOT website at http://mbe.mdot.maryland.gov/directory/. The most current and up-to-date information on MBEs is available via this website. Only MDOT-certified MBEs may be used to meet the MBE subcontracting goals.

1.33.7 The Bidder that requested a waiver of the goal or any of the applicable subgoals will be responsible for submitting the Good Faith Efforts Documentation to Support Waiver Request (Attachment D-1C) and all documentation within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, as required in COMAR 21.11.03.11.

1.33.8 A Bidder that requested a waiver of the goal or any of the applicable subgoals will be responsible for submitting the Good Faith Efforts Documentation to Support Waiver Request (Attachment D-1C) and all documentation within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, as required in COMAR 21.11.03.11.

1.33.9 All documents, including the MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule

(Attachment D-1A), completed and submitted by the Bidder in connection with its certified MBE participation commitment shall be considered a part of the Contract and are hereby expressly incorporated into the Contract by reference thereto. All of the referenced documents will be considered a part of the Bid for order of precedence purposes (see Attachment A, Section 2.1).

1.33.10 The Bidder is advised that liquidated damages will apply in the event the Contractor fails to comply in good faith with the requirements of the MBE program and pertinent Contract provisions.

1.33.11 As set forth in COMAR 21.11.03.12-1(D), when a certified MBE firm participates on a contract as a prime contractor (including a joint-venture where the MBE firm is a partner), a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own work force towards fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract.

In order to receive credit for self-performance, an MBE prime must list its firm in Section 4A of the MBE Participation Schedule (Attachment D-1A) and include information regarding the work it will self-perform. For the remaining portion of the overall goal and the subgoals, the MBE prime must also identify other certified MBE subcontractors [see Section 4B of the MBE Participation Schedule (Attachment D-1A)] used to meet those goals. If dually-certified, the MBE prime can be designated as only one of the MBE subgoal classifications but can self-perform up to 100% of the stated subgoal.

As set forth in COMAR 21.11.03.12-1, once the Contract work begins, the work performed by a certified MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the MBE firm is performing a commercially useful function on the Contract. Refer to MBE forms (Attachment D) for additional information.

1.34 Living Wage Requirements

This Contract does not contain the Living Wage Requirements.

1.35 Federal Funding Acknowledgement

This Contract does not contain Federal funds.

1.36 Conflict of Interest Affidavit and Disclosure

A. The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

B. By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

C. Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services << under OR individual Task Orders issued under >> the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

D. Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

1.37 Non-Disclosure Agreement

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

1.38 HIPAA - Business Associate Agreement

A HIPAA Business Associate Agreement is not required for this procurement.

1.39 Nonvisual Access

The bidder warrants that the information technology offered under this bid (1) provides equivalent access for effective use by both visual and nonvisual means consistent with the standards of § 508 of the federal Rehabilitation Act of 1973 and Code of Maryland Regulations 14.33.02; (2) provides an individual with disabilities with nonvisual access in a way that is fully and equally accessible to and independently usable by the individual with disabilities so that the individual is able to acquire the same information, engage in the same interactions, and enjoy the same services as users without disabilities, with substantially equivalent ease of use; (3) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; (4) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and (5) is available, whenever possible, without modification for compatibility with software and hardware for nonvisual access. The bidder or offeror further warrants that the cost, if any, of modifying the information technology for compatibility with software and hardware used for nonvisual access will not increase the cost of the information technology by more than 15 percent.

If the information technology procured under this solicitation does not meet the nonvisual access standards set forth in the Code of Maryland Regulations 14.33.02, the State will notify the bidder or offeror in writing that the bidder or offeror, at its own expense, has 12 months after the date of the notification to modify the information technology in order to meet the nonvisual access standards. If the bidder or offeror fails to modify the information technology to meet the nonvisual access standards within 12 months after the date of the notification, the bidder or offeror may be subject to a civil penalty of a fine not exceeding $5,000 for a first offense, and a fine not exceeding $10,000 for a subsequent offense.

The bidder or offeror shall indemnify the State for liability resulting from the use of information technology that does not meet the applicable nonvisual access standards.

For purposes of this regulation, the phrase ‘equivalent access' means the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology by nonvisual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output.

The successful Bidder may be asked to provide a voluntary product accessibility template or VPAT from the manufacturer of the software it offers under the contract. The VPAT will assist the State in determining whether the offered software complies with the State’s nonvisual access requirements.

1.40 Mercury and Products That Contain Mercury

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

1.41 Veteran-Owned Small Business Enterprise Goal

1.41.1 Purpose

(a) The Contractor shall structure its procedures for the performance of the work required in the Contract to attempt to achieve the VSBE participation goal stated in this solicitation. VSBE performance must be in accordance with this section and Attachment E, as authorized by COMAR 21.11.13. The Contractor agrees to exercise all good faith efforts to carry out the requirements set forth in this section and Attachment E.

(b) A certified Veteran-Owned Small Business Enterprises (VSBE) must be verified by the State Department of Veterans Affairs or US Department of Veteran’s Affairs Vets First Verification Program (VetBiz) and registered as a VSBE on the State's eProcurement platform, eMaryland Marketplace Advantage (eMMA). The listing of VSBEs is available through the “Vendor Search” on eMMA.

1.41.2 VSBE Goal

(a) VSBE participation goal of the total Contract dollar amount has been established for this procurement as identified in the Key Information Summary Sheet.

(b) By submitting a response to this solicitation, the Bidder agrees that this percentage of the total dollar amount of the Contract will be performed by verified veteran-owned small business enterprises.

1.41.3 Solicitation and Contract Formation

(a) In accordance with COMAR 21.11.13.05 C (1), this solicitation requires Bidders to:

1) Identify specific work categories within the scope of the procurement appropriate for subcontracting;

2) Solicit VSBEs before Bids are due, describing the identified work categories and providing instructions on how to bid on the subcontracts;

3) Attempt to make personal contact with the VSBEs solicited and to document these attempts;

4) Assist VSBEs to fulfill, or to seek waiver of, bonding requirements; and https://www.va.gov/osdbu/verification/ https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

5) Attempt to attend pre-Bid or other meetings the procurement agency schedules to publicize contracting opportunities to VSBEs.

(b) The Bidder must include with its Bid a completed VSBE Utilization Affidavit and Prime/Subcontractor Participation Schedule (Attachment E-1) whereby the Bidder:

1) Acknowledges it:

a) intends to meet the VSBE participation goal; or

b) requests a full or partial waiver of the VSBE participation goal. If the Bidder commits to the full VSBE goal or requests a partial waiver, it shall commit to making a good faith effort to achieve the stated goal; and

2) Responds to the expected degree of VSBE participation as stated in the solicitation, by identifying the specific commitment of VSBEs at the time of Proposal submission. The Bidder shall specify the percentage of contract value associated with each VSBE prime/subcontractor identified on the VSBE Participation Schedule. As set forth in COMAR 21.11.13.05.B(2), when a verified VSBE firm participates on a Contract as a Prime Contractor, a procurement agency may count the distinct, clearly defined portion of the work of the contract that the VSBE Prime Contractor performs with its own work force towards meeting up to one hundred percent (100%) of the VSBE goal.

In order to receive credit for self-performance, a VSBE Prime must list its firm in the VSBE Prime/Subcontractor Participation Schedule (Attachment E-1) and include information regarding the work it will self-perform. For any remaining portion of the VSBE goal that is not to be performed by the VSBE Prime, the VSBE Prime must also identify verified VSBE subcontractors used to meet the remainder of the goal.

Within 10 Business Days from notification that it is the apparent awardee, the awardee must provide the following documentation to the Procurement Officer:

1) VSBE Project Participation Statement (Attachment E-2);

2) If the apparent awardee believes a full or partial waiver of the overall VSBE goal is necessary, it must submit a fully-documented waiver request that complies with COMAR 21.11.13.07; and

3) Any other documentation required by the Procurement Officer to ascertain Bidder responsibility in connection with the VSBE participation goal.

If the apparent awardee fails to return each completed document within the required time, the Procurement Officer may determine that the apparent awardee is not responsible.

1.42 Location of the Performance of Services Disclosure

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

1.43 Department of Human Resources (DHR) Hiring Agreement

This solicitation does not require a DHR Hiring Agreement.

1.44 Invoicing

1.44.1 General

A. The Contractor shall send the original of each invoice and signed authorization to invoice to the Contract Monitor.

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

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Goods or services provided;

10) Amount due; and

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

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

E. The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms…