Amendment 1.pdf

AMENDMENT 1

DATE: February 4, 2021

STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES

OFFICE OF STATE PROCUREMENT

ITB NUMBER: 001IT821179 / BPM020339

CONTRACT TITLE: Disposable & Compostable Food Service Ware Products

This Amendment is issued to clarify, add to, delete from, correct and/or change the BID documents to the extent indicated and is hereby made a part of the said BID documents on which the contract will be based. This Amendment becomes part of the bid package. COMAR

21.05.02.08 requires all Amendments issued to be acknowledged.

Issued by:

State of Maryland

Department of General Services

Office of Procurement and Logistics

301 W. Preston Street - Room M-3

Baltimore, Maryland 21201

Matthew Smith

DGS Procurement Officer

Matthew.Smith2@maryland.gov

410.767.3039

Acknowledgment Date mailto:Matthew.Smith2@maryland.gov

AMENDMENT 1

DATE: February 4, 2021

STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES

OFFICE OF STATE PROCUREMENT

ITB NUMBER: 001IT821179 / BPM020339

ATTENTION ALL BIDDERS:

1. Invitation for Bids BPM020339 and Attachment I – Pricing have been revised and updated for clarity. Be sure to use the latest versions when responding.

2. The following questions have been raised in regard to this IFB:

Q1. In reviewing the documents I didn’t see a list of facilities that would receive deliveries and if possible how frequently would they need deliveries:

A1. All State agencies will be allowed to purchase from this contract. Historically the Maryland

Department of Health and Maryland Department of Public Safety and Correctional Services have utilized such a contact the most.

Per Section A – General Information, Paragraph A – Objective, this contract is for Indefinite Delivery

Indefinite Quantity, and as such frequency of deliveries cannot be assumed or provided.

Q2. Do you have expected volumes of each of the products:

A2. Please refer to Section C – Specifications, Paragraph A – General Requirements, Line c) which reads: “Orders as required will be placed by the appropriate State agency on an as-needed basis. The

State does not guarantee any minimum or maximum quantities.”

Q3. Does the existing contract have an MBE goal?

A3. Yes, the current contract has an MBE goal of 5% with no subgoals.

Q4. Are these specification based on previous bids?

A4. The products and specifications in Attachment I are based on prior purchases, needs and requests by participating State agencies. Additional products have been included to adhere with the policies set in place as described in Attachment H.

Q5. Can you provide the manufacturer part names/SKU numbers?

A5. It is the responsibility of the vendor to provide this information. As SKU numbers may be considered proprietary information the State is not at liberty to share this data; however, the products listed on Attachment I shall be descriptive to the extent they may be located through vendor resources, databases, catalogs, and internet searches.

Q6. Is there any consideration of delivery prices?

A6. Delivery price shall be included in the items bid price. Please also refer to Question 1 above.

Q7. What is the rationale regarding the specifications for PFAS-Free (Per- and polyfluoroalkyl substances) products?

A7. As noted by the Environmental Protection Agency and in the regulation of several other states, the occurrence of PFAS is increasingly being recognized as a public health and environmental issue. Such policies align with those as outlined in Attachment H. As only one (1) product on

Attachment I is specified as being PFAS-free and also includes the similar item without that specification, this allows the State to view market availability and cost.

Q8. Are the items highlighted in green on Attachment I those which you are requesting environmental certifications on?

A8. Yes. These are products which have not been previously requested but adhere to the policies described in Attachment H. While it is preferred the majority of food service ware purchases meet these guidelines the State acknowledges that price and availability may require non-environmentally certified products to be purchased and utilized.

Q9. Who is the incumbent?

Q9. The current contract may be found under Open Bids and Contracts on the Department of General

Services website: https://dgs.maryland.gov/Pages/Procurement/BidsAwards.aspx

Q10. Is the previous bid tab available?

Q10. The current solicitation was done through a procurement database, Maryland Marketplace

Advantage, which is no longer utilized by the State, therefore the bid tab is not available. However, the current BPO may be viewed as reference. Refer to Question 9 above.

Q11. Some products may be in short supply at the time of bidding. Should we bid those items or what we’re able to supply at the time of award?

Q11. Vendors should bid on the products they feel able to consistently provide taking into consideration the specifications, requirements and availability of the products listed in Attachment I.

Q12. What is the difference between the products listed as “recycled” and “recycled content?”

Q12. All items previously labeled either “recycled” or “recycled content” have been updated to

“100% Total Recyclable Content.”

Q13. The request for a price escalation One Hundred Twenty (120) days prior to renewal is too far out; the Consumer Price Index (CPI) is not an accurate baseline for pricing requests.

A13. The above are standard Terms & Conditions for the State of Maryland.

Q14. Is there a contact available for MBE questions?

Q14. Any questions regarding the MBE requirements shall be sent to the Procurement Officer who will address the inquiries with the appropriate contact. Answers will be promptly addressed via amendment.

Q15. If we purchase a product through an MBE vendor does that count toward the MBE subcontractor goal?

Q15. Please refer to the documents attached.

https://dgs.maryland.gov/Pages/Procurement/BidsAwards.aspx

Q16. There were several questions about compostable products, and the necessity to be certified by either BPI, Vincotte OK, DIN CERTCO, Compost Manufacturer’s Alliance List, or the

Cedar Grove accepted item list. It was mentioned during the meeting that there are many products that are compostable that do not appear on the approved lists of these 3rd party certifiers. Limiting the State’s use to products that meet only these certifications will greatly reduce the number of potential participants, and very likely result in extra cost to the State.

Would you let us know if you will consider products that are not currently certified by these parties, or will you be adhering strictly to the language on pages 41,42, and 43?

Q16. Products highlighted in green on Attachment I are required to meet the certifications listed in

Attachment H. A drop down menu of those certifications is provided. Should those products meet additional certifications not listed in Attachment H, they may be entered in Column K. To be in compliance with State policies those products shall first meet the certifications in Attachment H.

Products highlighted in green have equal and/or comparable non-green products specified on

Attachment I. Though certifications of any sort are not required or mandatory on non-highlighted items, should a product carry any certifications they may be entered in Column K.

For any questions please contact the Procurement Officer.

MBE/VSBE INFORMATION

This procurement for Disposable & Compostable Food Service Ware has a 5% MBE goal with -no sub goals.

• MBEs must be certified by the State of Maryland MDOT and cannot be in a pending status.

• MBEs can only perform work covered by their approved NAICS codes and they must provide a commercially useful function.

• Please read and complete the MBE forms and if uncertain, you may send generic questions to the procurement officer for a response. Sample forms are available on the GOSBA site:

https://gomdsmallbiz.maryland.gov/Documents/MBE_Toolkit/SAMPLE_FORMS_MBE_Participati on_Schedule.pdf

Minority Business Enterprise (MBE) Bid Submission

➢ MBE subcontractors must be certified with the Maryland Department of Transportation

(MDOT) at the time of bid; an MBE cannot be pending certification. Search the MDOT website to confirm certification. https://mbe.mdot.maryland.gov/directory/

➢ At the time of bid, MBE attachment D-1A, the MBE Utilization and Fair Solicitation Affidavit

& MBE Participation Schedule must be submitted. If the bidder or offeror fails to accurately complete and submit this affidavit and schedule with the bid or proposal as required, the

Procurement Officer shall deem the bid non-responsive or shall determine that the proposal is not reasonably susceptible of being selected for award.

➢ After being notified as the apparent low bidder, you have 10 business days to submit attachment D-2 (Outreach Compliance Statement) and attachment D-3A (MBE Subcontractor

Project Participation) and if applicable, attachment D-3 B (for Self-performing Prime

Contractors) to the Procurement Officer.

60% MBE Supply Rule

Revised guidelines regarding the purchase of supplies have been in place since 2017 and how they count towards MBE goal achievement. For specific instructions, please see form D-1A the MBE

Utilization and Fair Solicitation Affidavit and MBE Participation Schedule for additional information and instructions.

MBE Prime Self-Performance

➢ A certified MBE firm may participate as a Prime Contractor on a contract, and 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 forces toward fulfilling up to 50% of the MBE participation goal and up to 100% of one of the MBE participation sub-goals, if any, established for the contract. In order to receive self-performance credit, an MBE prime must list its firm in section 4A of the MBE Participation Schedule in attachment D-1A along with attachment D-3B (MBE Prime Project Participation Certification), including the https://gomdsmallbiz.maryland.gov/Documents/MBE_Toolkit/SAMPLE_FORMS_MBE_Participation_Schedule.pdf https://gomdsmallbiz.maryland.gov/Documents/MBE_Toolkit/SAMPLE_FORMS_MBE_Participation_Schedule.pdf certification category under which the MBE prime is self-performing and include information regarding the work it will self-perform.

WAIVERS

If for any reason the apparent bidder / offeror is unable to achieve the specified goal for the contract, or any certified MBE classification specified as having a subcontract goal, the bidder / offeror may request in writing a waiver by following the instructions listed in the attachments:

D-1B (Waiver guidance)

D-1C (Good Faith Effort documentation to support waiver request)

Liquidated Damages for MBE Non-Compliance

➢ Attachment D-4A (Prime Contractor Paid/Unpaid MBE Invoice Report)

Attachment D-4B (MBE Prime Contractor Report)

Attachment D-5 (Subcontractor Paid/Unpaid MBE Invoice Report)

➢ The contractor shall make Good Faith Efforts to comply with the Minority Business Enterprise

(MBE) program and contract provisions. The State and the Contractor acknowledge and agree that the State will incur damages, including but not limited to loss of goodwill, detrimental impact of economic development and diversion of internal staff resources if the contractor does not make Good Faith Efforts to comply with the requirements of the MBE program and MBE contract provisions.

➢ Therefore, upon a determination by the state that the contractor, failed to make Good Faith

Efforts to comply with one of more of the specified MBE program requirements or contract provisions, the contractor agrees to pay Liquidated Damages to the state at the rate set forth.

Veteran-owned Small Business Enterprise (VSBE) Bid Submission

➢ VSBE subcontractors must be certified with the U.S. Department of Veteran Affairs (Office of

Small and Disadvantage Business Utilization). To view the list of certified VSBE’s, go to the

VetBiz website at www.vip.vetbiz.va.gov or they can be located on eMMA.

➢ At the time of bid, attachment B (Veteran-owned Small Business Enterprise (VSBE)

Utilization Affidavit and Participation Schedule) must be submitted. If the bidder or offeror fails to accurately complete and submit this affidavit and schedule with the bid or proposal as required, the Procurement Officer shall deem the bid non-responsive or shall determine that the proposal is not reasonably susceptible of being selected for award.

➢ After being notified as the apparent low bidder, you have 10 business days to submit attachment C (VSBE Participation Schedule) to the Procurement Officer.

WAIVERS

http://www.vip.vetbiz.va.gov/

If for any reason the apparent bidder / offeror is unable to achieve the specified goal for the contract, or any certified VSBE classification specified as having a subcontract goal, the bidder / offeror may request in writing a waiver by following the instructions listed in the attachments:

D-1B (Waiver guidance)

D-1C (Good Faith Effort documentation to support waiver request)

NOTE: If you have any questions or need assistance, please contact the Procurement Officer.

END OF AMENDMENT #1