Amendment 1 - Pre-Bid Meeting Minutes, Q&A - Ice Cream Products.pdf

AMENDMENT ONE

TO THE INVITATION FOR BIDS

DATE: March 4, 2026 eMMA NUMBER: BPM047699/001IT821505

OFFICE OF STATE PROCUREMENT

SOLICITATION TITLE: Statewide: Ice Cream 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 State Procurement

301 W. Preston Street

Baltimore, Maryland 21201

Tierra Ali-Said

Tierra Ali-Said, DGS OSP Procurement Officer

Acknowledgment Date

Company Name

Amendment One – Statewide: Ice Cream Products

PRE-BID Meeting Minutes

Office of State Procurement

Maryland Department of General Services

Ice Cream Products

Date: March 4, 2026 Time: 11:00 AM

Pre-Bid Meeting Minutes:

The purpose of this pre-bid is to clarify any questions or concerns bidders may have with regard to the specifications of this solicitation prior to submission of their bid on eMMA. Changes to the specifications or to the Scope of Work will be published as an Amendment and will supersede the original published document as per COMAR 21.05.02.07. The Pre-Bid Meeting minutes will be published as an Amendment and become part of this solicitation in eMMA.

Nothing stated at the Pre-Bid Meeting may change the Invitation for Bids unless a change is made by myself, the DGS Procurement Officer, by written Amendment. All Amendments must be acknowledged by signing the acknowledgement forms for each Amendment. These acknowledgement forms must be submitted with your Bid.

Specifications and other Bid Documents can be examined without charge at the eMaryland

Marketplace Advantage (eMMA) website at https://procurement.maryland.gov/. In addition, you may email the eMMA help desk at emma.helpdesk@maryland.gov, if you need assistance with eMMA-related matters. In order to receive a contract award, a vendor must be registered on eMMA and have an “Active” status.

Please print out all forms and attachments and carefully review the entire solicitation.

By submitting a response to this solicitation, a vendor shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing to the State of Maryland. This includes the payment of taxes and employee benefits, and that it shall not at the time of bid or during the term of the contract become in arrears if selected for the contract award. It will be the bidder's responsibility to timely clear any outstanding issues upon notification. In addition, please note that the company name you submit your bid must match exactly as your company is registered in the State of Maryland with the Office of the Comptroller and Department of

Assessments and Taxation.

If you are an out of State Business please make sure you are registered with the Comptroller’s

Office. Also, if you are an out of State business you must have a State of Maryland business license and a resident business office in the State of Maryland.

The references you provide in your Company Profile will be contacted and will be considered in the determination of bidder responsibility. The Procurement Officer is not responsible for incorrect or outdated information, or for references that fail to respond within three (3) working days. Please ensure that your references can speak about your ability to perform the elements of work described in the specifications.

The deadline for submitting additional questions, or for informing the Procurement Officer of any possible restrictive elements, is March 13, 2026, at 3:00 PM Local Time. If additional https://procurement.maryland.gov/ mailto:emma.helpdesk@maryland.gov questions are submitted after this date, the Procurement Officer will, based on time and availability, attempt to answer the question, but a response cannot be guaranteed after the

Questions’ Due Date has passed. The bids are due March 27, 2026, at 3:00 PM Local Time.

By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds transfer. This provision on Electronic Funds Transfer applies to contracts of over $200,000 for which payments are made through the State Comptroller’s Office. Electronic funds transfer will be used by the State to pay the Contractor for this Contract and any other State payments due to the Contractor unless the State Comptroller’s Office grants the Contractor an exemption.

Please note, this Solicitation is currently designated to Small Businesses. Businesses who are currently not registered as a Small Business can respond to the Solicitation; however, the

Business must be registered as a Small Business at the time of Award.

Please also note there is an MBE Goal of 1% associated with this Solicitation.

There is also a Farmers’ Participation Goal of 20% associated with this Solicitation.

The floor was opened to the MBE Senior Compliance Officer to provide additional details pertaining to the MBE Goal associated with this Solicitation.

The MBE Senior Compliance Officer provided the following information:

MBE Prime Self-Performance:

When a certified MBE firm participates as a prime contractor on a Contract, 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 workforce toward fulfilling up to, but no more than, fifty-percent (50%) of the overall goal. ,including up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the Contract.

To receive credit for self-performance, an MBE prime must be certified in the appropriate

NAICS code to do the work and must list its firm in the MBE Participation Schedule, including the certification category under which the MBE prime is self-performing and include information regarding the work it will self-perform.

For the remaining portion of the overall goal and the remaining subgoals, the MBE prime must also identify on the MBE Participation Schedule the other certified MBE subcontractors used to meet those goals or request a waiver.

These guidelines apply to the work performed by the MBE Prime that can be counted for purposes of meeting the MBE participation goals. These requirements do not affect the MBE

Prime’s ability to self-perform a greater portion of the work in excess of what is counted for purposes of meeting the MBE participation goals.

Please note that the requirements to meet the MBE participation overall goal and subgoals are distinct and separate. If the contract has subgoals, regardless of MBE Prime’s ability to self-perform up to 50% of the overall goal (including up to 100% of any subgoal), the MBE Prime must either commit to using other MBEs for each of any remaining subgoals or request a waiver.

As set forth in Attachment 1-B Waiver Guidance, the MBE Prime’s ability to self-perform certain portions of the work of the Contract will not be deemed a substitute for the good faith efforts to meet any remaining subgoal or the balance of the overall goal.

In certain instances where the percentages allocated to MBE participation subgoals add up to more than 50% of the overall goal, the portion of self-performed work that an MBE Prime may count toward the overall goal may be limited to less than 50%.

MBE Subcontractors:

MBE means a Minority Business Enterprise that is certified by the Maryland Department of

Transportation (MDOT). When selecting MBE’s, all MBE subcontractors must be certified with the Maryland Department of Transportation (MDOT) at the time of bid. No MBE can be pending certification. To view the list of certified MBE’s go to the MDOT’s website at marylandmdbe.mdbecert.com.

At the time of bid, attachment D-1A (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 will notify the bidder.

After being notified as the apparent low bidder, you have 10 business days to submit attachment

D-2 (Outreach Efforts Compliance Statement), attachment D-3A (MBE Subcontractor Project

Participation Certification) to the procurement officer and D-3B (Prime Self-Performing Form).

In addition, the MBE participation goal on this contract is not based on 3rd Tier vendors.

MBE Third-Tier Contracting:

Third-tier contracting is not the usual way for a prime contractor to achieve an MBE goal.

However, the Department of General Services also realizes that there may be rare occasions when third-tier contracting would be acceptable. Two conditions must be met before the Agency approve a third-tier contracting arrangement which may be entered to meet an MBE goal:

The Agency awarding the contract must be satisfied that there is no way except by third tier contracting that an MBE goal can be achieved;

The prime contractor must request from the Agency, in writing, prior to awarding of a contract, that approval be granted for each third-tier contract arrangement. The request must contain the specifics as to why a third-tier contractor arrangement is being requested to meet the MBE goal.

An Agency approving a third-tier contract should do so in writing, setting forth the parameters of the third-tier contract. All records of third-tier contracts will be maintained by the Agency granting approval.

Third-Tier Contracting is to be considered the exception and not the rule. If the third-tier results from an MBE subcontracting to a non-MBE third-tier contractor, this participation shall not be counted as MBE participation towards goal attainment.

http://www.marylandmdbe.mdbecert.com/

Materials and Supplies: Guidelines Regarding MBE Participation:

Regular Dealer (generally identified as a wholesaler or supplier in the MDOT Directory): Up to

60% of the costs of materials and supplies provided by a certified MBE may be counted towards the MBE participation goal(s) if such MBE is a Regular Dealer of such materials and supplies.

• Regular Dealer is defined as a firm that owns, operates, or maintains a store, a warehouse, or any other establishment in which the materials, supplies, articles, or equipment are of the general character described by the specifications required under the contract and are bought, kept in stock, or regularly sold or leased to the effective public in the usual course of business; and does not include a packager, a broker, a manufacturer’s representative, or any other person that arranges or expedites transactions.

Example for illustrative purposes of applying the 60% rule: Overall contract value: $2,000,000

Total value of supplies: $100,000 Calculate Percentage of Supplies to overall contract value:

$100,000 divided by $2,000,000 = 5% Apply 60% Rule - Total percentage of Supplies/Products

5% x 60% = 3% 3% would be counted towards achieving the MBE Participation Goal and

Subgoal, if any, for the MBE supplier in this example.

• Manufacturer: A certified MBE firm’s participation may be counted in full if the MBE is certified in the appropriate NAICS code(s) to provide products and services as a manufacturer.

• Broker: With respect to materials or supplies purchased from a certified MBE that is neither a manufacturer nor a regular dealer, a unit may apply the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, fees, or transportation charges for the delivery of materials and supplies required on a procurement toward the MBE contract goals, provided a unit determines the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. A unit may not apply any portion of the costs of the materials and supplies toward MBE goals.

• Furnish and Install and other Services: The participation of a certified MBE supplier, wholesaler, and/or regular dealer certified in the proper NAICS code(s) to furnish and install materials necessary for successful contract completion may be counted in full.

Includes the participation of other MBE service providers in the proper NAICS code(s) which may be counted in full. Dually certified firms. An MBE that is certified in more than one subgroup category may only be counted toward goal fulfillment of ONE of those categories with regard to a particular contract.

VSBE Subcontractors:

The VSBE Utilization Affidavit and Subcontractor Participation Schedule (Attachment E-1) must be fully and accurately completed and submitted at the time of bid.

On the E-1 form, you must first acknowledge and express your intention to meet the overall

VSBE goal percentage established for the solicitation.

The VSBE Subcontractor Participation Schedule should include the names of the veteran-owned business enterprises that you intend to use to meet the required VSBE goal, along with their

DUNS Number. Only United States Department of Veterans Affairs certification is acceptable

(verify via eMMA). VSBE certification from another entity or jurisdiction will not be accepted.

Additionally, the percentage of the total contract value to be provided by the particular VSBE should be entered as well as providing a specific description of the work that is to be performed by that particular VSBE.

Within 10 working days of receiving notice that your firm is the apparent awardee, you must submit your Subcontractor Project Participation Statement (Attachment E-3).

You may request a waiver of the VSBE goal and within 10 working days of receiving notice that your firm is the apparent awardee, you must submit all required waiver documentation in accordance with COMAR 21.11.13.07.

Waivers:

If for any reason, the apparent bidder or offeror is unable to achieve the contract goal(s) for each certified MBE/VSBE classification specified as having a subcontract goal or the overall

MBE/VSBE contract goal, the bidder or offeror may request a waiver, in writing. Please utilize attachments D-1B (Waiver Guidance) and D-1C (Good Faith Efforts Documentation to Support

Waiver Request) for the MBE waiver and the VSBE attachment 1B (VSBE Unavailability

Verification Form) with your Bid/Proposal submission.

The compliance officer will perform the following actions:

• Good Faith Effort, using COMAR language as guidance

• Review vendors “detailed” reason for waiver request

• Conduct verification, including contacting the sub-vendors listed by the prime contractor as not available or not interested

• Using all pertinent information, make a determination regarding the approval or disapproval of the waiver request

• Forward the determination to the Procurement Officer to notify them of the OSP recommendation

Amendment of MBE Participation Schedule:

Comar 12.11.03.13

A. If at any time after submission of a bid or proposal and before execution of a contract, a bidder or offeror determines that a certified MBE listed on the MBE participation schedule required under Regulation .09C(3) of this chapter has become or will become unavailable or ineligible to perform the work required under the contract, then the bidder or offeror:

(1) Within 72 hours of making the determination, shall provide written notice to the procurement officer; and

(2) Within 5 business days of making the determination, may make a written request to the procurement officer to amend the MBE participation schedule.

B. For purposes of this regulation, “ineligible” means an MBE certified by the certification agency that may not be counted toward meeting the MBE subcontract participation goal established for the procurement because:

(1) The MBE is not certified by the certification agency to provide the services, materials, or supplies the bidder or offeror has committed the MBE to provide on the MBE participation schedule;

(2) The MBE has graduated from the NAICS Code associated with the services, materials, or supplies the bidder or offeror has designated the MBE to provide; or

(3) The MBE no longer meets the personal net worth requirements of Regulation .03 of this chapter.

C. The request to amend the MBE participation schedule shall include:

(1) An explanation of the reason for inclusion of the unavailable or ineligible firm on the original

MBE participation schedule;

(2) The name of each certified MBE subcontractor that will substitute for the unavailable or ineligible certified MBE subcontractor;

(3) A description of work to be performed by each certified MBE subcontractor;

(4) The percentage of the contract to be paid to the certified MBE subcontractor for the work or supply; and

(5) A full description of the bidder’s or offeror’s efforts to substitute another certified MBE subcontractor to perform the work that the unavailable or ineligible certified MBE subcontractor would have performed.

D. The procurement officer shall consult with the MBE liaison before deciding whether to approve a request to amend the MBE participation schedule.

NOTE:

If you have any questions or need assistance, contact the Procurement Officer, Tierra Ali-Said in writing.

The floor was opened for additional Questions.

The following Questions were asked:

Q1. Where can I find the MBE information stated at the meeting?

A1. The MBE information stated at the Pre-Bid Meeting is embedded in this Amendment.

Q2. Does the farms that participate in this contract have to be from Maryland?

A2. Yes.

Q3. Do all agencies listed in the IFB have to be serviced?

A3. Yes.

Q4. What if my company does not have the capacity to service all agencies?

A4. Bidders are instructed to complete the Price Bid Form according to the Regions they have the capacity to deliver to. Refer to Tab 1 on Appendix 4 – Price Bid Form

Instructions.

Q5. Do I have to bid on all lines?

A5. Bidders are instructed to bid on all of the items their company has the capacity to supply. Refer to Tab 1 on Appendix 4 – Price Bid Form Instructions.

No additional Questions were asked.

The floor was closed for Questions.

The Procurement Officer reminded everyone Questions must be submitted in writing and sent to

Tierra Ali-Said, at Tierra.Ali-Said1@maryland.gov by the Questions’ Due Date listed on the Key

Information Summary Sheet of the Invitation for Bid.

Thank you for your interest in working with the State and attending this Pre-Bid Meeting.

The Meeting floor was closed.

Attendees:

End of Meeting: 11:32 AM

End of Amendment One mailto:Tierra.Ali-Said1@maryland.gov