APBG_IFB.pdf

OFFICE OF STATE PROCUREMENT (OSP)

DEPARTMENT OF GENERAL SERVICES

MAINTENANCE

INVITATION FOR BIDS (IFB)

BID NUMBER: BPM035448

Issue Date: January 25, 2023

Comprehensive Landscaping Services for

Annapolis Public Buildings and Grounds

NOTICE TO BIDDERS/OFFERORS

A Prospective Bidder that has received this document from the Department of General Services’ website or procurement.maryland.gov, or that has received this document from a source other than the Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this IFB, should immediately contact the Procurement Officer and provide the Prospective Bidder’s name and mailing address so that addenda to the IFB or other communications can be sent to the Prospective Bidder.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation.

https://procurement.maryland.gov/

DGS Facilities Maintenance Rev 3/22/2022

STATE OF MARYLAND

NO BID NOTICE – ATTACHMENT Q

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 Contract, please email or fax this completed form to the attention of the Procurement Officer (see the Key Information Sheet below for contact information).

Title: Comprehensive Landscaping Services for Annapolis Public Buildings and Grounds Solicitation No: BPM035448

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/Proposal is insufficient.

( ) Start-up time is insufficient.

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

( ) Bid/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: ________________________________________________________________

ATTENTION: PLEASE EMAIL ONLY

STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES

IFB KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Comprehensive Landscaping Services for Annapolis Public Buildings and Grounds

Solicitation Number: BPM035448

IFB Issue Date: January 25, 2023

IFB Issuing Office: Department of General Services

Procurement Officer: Kim Hackett

Office of State Procurement 301 W. Preston Street, M-4, Baltimore, MD 21201 Phone: 410-767-0788 e-mail: kimberly.hackett@maryland.gov

Contract Monitor: Tone Hansford Department of General Services e-mail: _tone.hansford@maryland.gov____

In-Person Pre-Bid Conference: Tuesday, February 7, 2023 at 10:00 a.m. Local Time

Central Services Building 29 St. Johns Street, Annapolis, MD 21401

Pre-Bid Attendance RSVP due by: Friday, February 3, 2023

Cut-off Date for Q &A: All questions or issues pertaining to this solicitation must be submitted to the Procurement Officer via email by 4:00 p.m. on Friday, February 10, 2023.

Closing Date and Time: Wednesday, February 15, 2023 at 2:00 p.m. Local Time

Term of Contract: April 1, 2023 through March 31, 2026, three (3) years

Options Two (2), One (1) Year options

MBE Subcontracting Goal: 35%

Small Business Reserve: No Small Business Preference: No Federally Funded No mailto:kimberly.hackett@maryland.gov

Table of Contents

IFB KEY INFORMATION SUMMARY SHEET 3

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.2 Abbreviations and Definitions

1.3 Contract Type

1.4 Contract Duration

1.5 Procurement Officer

1.6 Contract Monitor

1.7 Pre-Bid Conference

1.8 eMarylandMarketplace Advantage

1.9 Questions and Inquires

1.10 Procurement Method

1.11 Bids – Opening/Due Date and Time/References

1.12 Multiple or Alternate Bids

1.13 BPO as a Contract

1.14 Confidentiality

1.15 Award Basis

1.16 Tie Bids

1.17 Duration of Bid

1.18 Revisions to the 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/Proposal 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 Goal and Sub-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 Company Profile

1.39 Nonvisual Access

1.40 Mercury and Products That Contain Mercury

1.41 Veteran-Owned Small Business Enterprise Goals

1.42 Location of the Performance of Services Disclosure

1.43 Department of Human Services (DHS) Hiring Agreement

1.44 Small Business Reserve (SBR) Procurement / Small Business Preference (SBP) Procurement

1.45 Performance Bond

1.46 Payment Bond

1.47 Bid Bond

1.48 Vendor Performance Report

1.49 Use of Contractor’s Form Not Binding on State

SECTION 2 – MINIMUM QUALIFICATIONS

2.1 Bidder Minimum Qualifications

SECTION 3 – SCOPE OF WORK

3.1 Background and Purpose

3.2 Scope of Work - Requirements

3.3 Security Requirements

3.4 Insurance Requirements

3.5 Problem Escalation Procedure

3.6 Invoicing

3.7 MBE Reports

3.8 VSBE Reports

3.9 SOC 2 Type II Audit Report

3.10 End of Contract Transition

SECTION 4 – BID FORMAT

4.1 One Part Submission

4.2 Labeling

4.3 Bid Price Form

4.4 Required Bid Submissions

4.5 Reciprocal Preference

4.6 Delivery

4.7 Documents Required upon Notice of Recommendation for Contract Award

IFB ATTACHMENTS

ATTACHMENT A – CONTRACT

ATTACHMENT D – MINORITY BUSINESS ENTERPRISE FORMS

ATTACHMENT E – VETERAN-OWNED SMALL BUSINESS ENTERPRISE

ATTACHMENT F – LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS .. 87

ATTACHMENT G - FEDERAL FUNDS ATTACHMENT

ATTACHMENT H – CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

ATTACHMENT I – NON-DISCLOSURE AGREEMENT

ATTACHMENT K – MERCURY AFFIDAVIT

ATTACHMENT L – LOCATION OF THE PERFORMANCE OF SERVICES

DISCLOSURE

ATTACHMENT M – BID PRICING INSTRUCTIONS

ATTACHMENT M (cont.) – BID FORM

ATTACHMENT N CONTRACT AFFIDAVIT

ATTACHMENT O – DHS HIRING AGREEMENT revised 4/17/18 DHS Maryland’s Green Purchasing Reporting Requirements

ATTACHMENT P – SMALL BUSINESS CONTRACT AFFIDAVIT

ATTACHMENT S – COMPANY PROFILE

ATTACHMENT V – PRE-BID CONFERENCE RESPONSE FORM

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.1.1 The Department of General Services (or the Department) is issuing this Invitation for Bids (IFB) to procure the services defined in the detailed specifications and scope of work (Section 3.1), as specified in this IFB, from a Contract between the successful bidder(s) and the State.

1.1.2 It is the State’s intention to obtain services, as specified in this IFB, from a Contract between the selected Bidder and the State. The anticipated duration of services to be provided under this Contract can be found on the IFB Key Information Summary Sheet (page iii).

1.1.3 The Department 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 solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

1.2 Abbreviations and Definitions

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. Business Day(s) – The official Working Day(s) of the week to include Monday through Friday. Official Working Days exclude State Holidays (see definition of “Normal State Business Hours” below).

d. COMAR – Code of Maryland Regulations available on-line at www.dsd.state.md.us.

e. Consecutive – uninterrupted services provided from one year to next.

f. Continuous – period of time when the contractor has maintained work for a client.

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

h. Contract Commencement - 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. See Section 1.4.

i. Contract Monitor (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.

j. Contractor – The selected Bidder that is awarded a Contract by the State.

http://www.dsd.state.md.us/

k. Department – The Department of General Services.

l. eMMA – eMaryland Marketplace Advantage (see IFB Section 1.8).

m. Invitation for Bids (IFB) – This Invitation for Bids solicitation issued by the (Department), Solicitation Number (solicitation number) dated (date of issuance), including any addenda. See the IFB Key Information Summary Sheet (page iii).

n. 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.

o. Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR 21.01.02.01B(54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03.

p. Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through

Friday except State Holidays, which can be found at:

https://msa.maryland.gov/msa/mdmanual/01glance/html/holidaye.html – keyword: State Holidays.

q. Notice to Proceed (NTP) – A written notice from the Procurement Officer that, subject to the conditions of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the Commencement Date and is the official start date of the Contract for the actual delivery of services as described in this solicitation.

r. Office of State Procurement (OSP) - The Office of State Procurement (OSP) is the primary procurement unit for all delegated procurements from the Board of Works except for transportation and transportation-related procurements and otherwise exempt procurements. All procurement functions now go through the OSP rather than the individual departments.

s. Procurement Officer – The State representative for the resulting Contract. The Procurement Officer is responsible for the Contract and is 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.

t. State – The State of Maryland.

u. Term of Contract – The anticipated begin and expiration date of a contract period.

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

Attachment M – Bid Form, and used in determining the recommended awardee (see IFB Section 1.15).

w. 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.

x. Working Day(s) – Same as “Business Day(s).”

1.3 Contract Type

The Contract resulting from this solicitation shall be a firm fixed price as defined in COMAR 21.06.03 https://msa.maryland.gov/msa/mdmanual/01glance/html/holidaye.html

1.4 Contract Duration

1.4.1 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”).

1.4.2 See the IFB Key Information Summary Sheet (page iii) for the complete term of the contract.

1.4.3 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.

1.5 Procurement Officer

The sole point of contact in the State for purposes of this solicitation prior to the award of any Contract is the Procurement Officer at the address listed below:

Kim Hackett

Office of State Procurement 301 W. Preston Street, M-4

Baltimore, Maryland 21201 Phone Number: 410-767-0788 E-mail: kimberly.hackett@maryland.gov

The Department may change the Procurement Officer at any time by written notice. No other State or DGS employee, official or representative has authority to change requirements except the Procurement Officer or their authorized representative, subject to the limits of their authority and other limitations imposed by law.

1.6 Contract Monitor

The Contract Monitor is:

Tone Hansford Department of General Services 29 St. Johns Street

Annapolis, Maryland 21401 Phone Number: 410-260-2903 E-mail: tone.hansford@maryland.gov

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

1.7 Pre-Bid Conference

Each Bidder or their representative is encouraged to attend the scheduled Pre-Bid Conference/Site Visit. However, if there is a Minority Business Enterprise (MBE) Goal on this solicitation, Bidders or Offerors or their representative, including those Bidders or Offerors that are certified MBE’s, are required to attend Pre-Bid or other meetings the procurement agency schedules to publicize contracting opportunities to certified MBE’s. (See State Finance and Procurement Article, § 14-302(a)(7)(v) and COMAR 21.11.03.09 C(2)(e)).

In addition, it is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Pre-Bid Conference/Site Visit to ensure that all parties understand the requirements of the contract and the MBE Goal. Finally, MBE Subcontractors are encouraged to attend the Pre-Bid Conference/Site Visit to 'market' their participation to potential prime contractors.

The Pre-Bid Conference/Site Visit will be held at the date, time, and location indicated on the IFB Key Information Summary Sheet (page iii). At the scheduled Pre-Bid Conference/Site Visit, each Bidder will be permitted to examine the building, familiarize himself/herself with the full nature and extent of the work and obtain answers to questions about or clarifications of the contract. It is the sole responsibility of the Bidder to familiarize himself/herself fully with the building and the contents of the specifications of this solicitation. Failure to do so does not relieve the successful Bidder from their obligation to comply with all aspects of this Bid package for the amount he/she specifies as his/her bid.

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 IFB. This summary, as well as the questions and answers, will also be posted on eMaryland Marketplace Advantage. See IFB Section 1.8.

In order to assure adequate seating and other accommodations at the Conference, please e-mail, mail, or fax the Pre- Bid Conference Response Form to the attention of the Procurement Officer no later than the time indicated on the IFB Key Information Summary Sheet (page iii). The Pre-Bid Conference Response Form is included as Attachment V to this IFB. In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please indicate the request on Attachment V and notify the Procurement Officer. The Department will make a reasonable effort to provide such special accommodation.

1.8 eMarylandMarketplace Advantage

1.8.1 Bids for this solicitation are being accepted solely online through eMaryland Marketplace Advantage

(eMMA). Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. Bidders shall elaborate on items in Specifications only when requested. Bidders should not provide any comments in the comments box for each line item. If comments are provided the bid may be determined to be non-responsive. Bidders should not provide unsolicited discounted pricing unless instructed to do so in the Specifications.

1.8.2 Print out all forms and attachments and carefully review the entire solicitation. Retain all sections for future reference.

1.8.3 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

If the State of Maryland or other regulatory body requires a license or certificate to perform the services required under this IFB, please provide a copy with your bid response.

1.9 Questions and Inquires

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

1.9.1 All questions or issues pertaining to this solicitation must be submitted via email to the Procurement Officer.

See the IFB Key Information Summary Sheet (page iii) for the Cut-Off Date for submitting questions.

Only information communicated by the Procurement Officer or their authorized representative will be the official position of the State on an issue.

1.9.2 All questions should be submitted in a timely manner. When questions are not received in a timely manner, the Procurement Officer will, based on the availability of time to research and communicate an answer, decide whether they can answer an untimely question before the bid due date.

1.9.3 Current Contract Pricing Information will not be provided because the specifications may have been modified. Contractors are advised that basing their bid on current contract pricing when specifications have been modified could lead to non-responsive bid pricing. As part of a responsibility determination, bidders may be required to attend or schedule a site visit at the facility to inspect specific conditions in detail to assist in their bid preparation.

1.10 Procurement Method

This Contract will be awarded in accordance with the Competitive Sealed Bidding method in accordance with Section 13-103 of the State Finance and Procurement Article, Annotated Code of Maryland and COMAR 21.05.02. In accordance with COMAR 21.05.02.13, the Contract will be awarded to the responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the IFB and is either the most favorable bid price or most favorable evaluated bid price.

1.11 Bids – Opening/Due Date and Time/References

1.11.1 Bids for this solicitation are being accepted solely online through eMaryland Marketplace Advantage

(eMMA). See the IFB Key Information Summary Sheet (page iii) for the Bid Due Date and Time. This contract shall be awarded to the responsible Bidder that submits the lowest responsive bid meeting the specifications. Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening. Bids will be opened electronically in eMMA as soon as practicable after the deadline for the receipt of bids in the solicitation. Bid results will not be given by phone.

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

1.11.2 Should a Bidder be in doubt as to the meaning or intent of any section or subsection of this IFB, the Bidder must request clarification from the Procurement Officer via email. Do not use the comments box in the eMMA solicitation to ask a question or comment on the solicitation. See Section 1.9

1.11.3 Vendors not responding to this solicitation are requested to submit the “No Bid Notice” 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 on page (ii), immediately following the Title Page. Fax or email only.

1.11.4 All Bidders should read and retain a copy of all the bid documents for their reference. Your bid documents should consist of the solicitation with all required attachments, including the affidavits and any other required submissions specified in the solicitation, or amendments, if any.

1.11.5 Submission requirements must be submitted with each bid independently and cannot be referenced to prior bid submissions to satisfy the requirements. Print out all forms and carefully review the entire solicitation.

After bids are opened, you will no longer be able to access this solicitation.

1.11.6 Vendor must provide a list of references of companies or organizations for which it provided services within the past ten (10) consecutive years. See Section 4.4.4. This list must be submitted to the Procurement Officer electronically via eMMA as an attachment by the bid opening due date.

1.12 Multiple or Alternate Bids

Multiple and/or alternate Bids will not be accepted.

1.13BPO as a Contract

The Blanket Purchase Order (BPO) issued as a result of the Invitation for Bid (IFB) and any subsequent amendments, modifications or options issued relevant to the IFB or BPO, shall comply with all of the terms, conditions and specifications issued with the IFB and are incorporated in and made part of the BPO.

1.14 Confidentiality

1.14.1 Bidders should give specific attention to the identification of those portions of their bid which they deem to be confidential, or to contain proprietary information or trade secrets. Bidders should provide justification why such material, upon request, should not be disclosed by the State under the Maryland Public Information Act (PIA), State Government Article, Title 10, Subtitle 6 of the Annotated Code of Maryland. Any section or part of a bid or proposal deemed confidential or proprietary should be so identified on the respective page of the bid or proposal.

1.14.2 For requests for information made under the Public Information Act (PIA), the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

1.15 Award Basis

1.15.1 The Contract shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable

Total Bid Price (as referenced in COMAR 21.05.02.13) for providing the service as specified in this IFB.

Bidders must bid all lines items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation.

1.15.2 Award of this contract by DGS will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) a proposed award is approved by DGS, and/or the Board of Public Works.

1.15.3 The BPO issued as a result of the solicitation, and any subsequent amendments, modifications or options issued relevant to the solicitation or BPO, complies with all the terms, conditions and specifications issued with the solicitation and is incorporated in and made part of the Contract – Attachment A.

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 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 IFB

If it becomes necessary to revise this IFB before the due date for Bids, the Department shall provide addenda to all prospective Bidders through eMMA. Addenda will be placed on eMMA within a reasonable time to allow Bidders to consider them in preparing their bids. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids. If the due date for submission of bids does not permit adequate time for consideration of the addenda by Bidders, the bid due date will be extended.

Bidders should acknowledge receipt of all addenda to this IFB issued before the Bid due date. 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 Bid to be rejected as being non-responsive to the requirements of the

IFB.

1.19 Cancellations

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.

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 State Finance and Procurement Article, Title 15, Subtitle 2 of the Annotated Code of Maryland and 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 IFB.

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 Section 1.33 “Minority Business Enterprise Goals” and Section 1.41 “Veteran-Owned Small Business Enterprise Goals.”).

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.

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 IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, 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 Bid Form or Contract, made by the Bidder may result in Bid rejection.

1.25 Bid/Proposal Affidavit

A Bid submitted by a Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment C of this 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 N of this IFB. This Affidavit must be provided within five (5) Business Days of notification of the proposed Contract award. This Contract Affidavit will also be required to be completed by the Contractor prior to any Contract renewals, including the exercise of any options or modifications that may extend the Contract term.

1.27 Compliance with Laws/Arrearages

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.

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 website for the State Department of Assessments and Taxation is http://www.dat.state.md.us, http://www.dat.state.md.us/ e-mail address is charterhelp@dat.state.md.us, and phone numbers for the State Department of Assessments and Taxation are: (410) 767-1340 or (888) 246-5941.

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/Offeror 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 $100,000. The selected Bidder/Offeror 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:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10For m20150615.pdf.

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 (formerly the Governor’s Office of Minority Affairs, or GOMA) 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 at:

http://gomdsmallbiz.maryland.gov

1.32 Electronic Procurements Authorized

mailto:charterhelp@dat.state.md.us http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf http://gomdsmallbiz.maryland.gov/

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/Offeror to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or the Contract.

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 e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.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 described:

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

(a) the solicitation (e.g., the IFB/RFP);

(b) any amendments;

(c) pre-Bid/Proposal conference documents;

(d) questions and responses;

(e) communications regarding the solicitation or Bid/Proposal to any Bidder/Offeror or potential

Bidder/Offeror;

(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/Offeror or potential Bidder/Offeror 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 or through eMMA, but only on the terms specifically approved and directed by the Procurement Officer and;

(c) submit a "No Bid/Proposal Response" to the solicitation.

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 Proposals;

2. filing of Bid Protests;

3. filing of Contract Claims;

4. submission of documents determined by the Department 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/Offeror be provided in writing or hard copy.

https://procurement.maryland.gov/

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 Goal and Sub-goals

1.33.1 Establishment of Goal and Subgoals.

An overall MBE subcontractor participation goal of 35% of the total contract dollar amount as set forth in the Bidder’s Bid Form (Attachment M), including all option years, if any, has been established for this procurement.

1.33.2 Attachments D-1 to D-5 – The following Minority Business Enterprise participation instructions, and forms are provided to assist Bidders/Offerors:

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

Attachment D-1B Waiver Guidance Attachment D-1B MBE Subcontractor Unavailability Certificate (Exhibit A) Attachment D-1C Good Faith Efforts Documentation to Support Waiver Request Attachment D-2 Outreach Efforts Compliance Statement Attachment D-3A MBE Subcontractor Project Participation Certification Attachment D-3B MBE Prime Project Participation Certification Attachment D-4A Prime Contractor Paid/Unpaid MBE Invoice Report Attachment D-4B MBE Prime Contractor Report Attachment D-5 Subcontractor/Contractor Unpaid MBE Invoice Report

1.33.3 A Bidder/Offeror shall include with its Bid/Proposal a completed MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A) whereby:

(a) The Bidder/Offeror 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

(b) The Bidder/Offeror 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 Bid/Proposal submission. The Bidder/Offeror 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.

(c) A Bidder/Offeror requesting a waiver should review Attachment D-1B (Waiver Guidance) and

Attachment D-1C (Good Faith Efforts Documentation to Support Waiver Request) prior to submitting its request.

If a Bidder/Offeror fails to submit a completed Attachment D-1A with the Bid/Proposal as required, the Procurement Officer shall determine that the Bid is non-responsive, or the Proposal is not reasonably susceptible of being selected for award.

1.33.4 Bidders/Offerors are responsible for verifying that each MBE (including any MBE Prime and/or 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/Offeror must provide the following documentation to the Procurement Officer.

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

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

(c) 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.

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

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.state.md.us/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 Contractor, once awarded a Contract, will be responsible for submitting or requiring its subcontractor(s) to submit the following forms to provide the State with ongoing monitoring of and compliance with MBE Participation:

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

(b) Attachment D- 4B (MBE Prime Contractor Report, if applicable)

(c) Attachment D-5 (MBE Subcontractor/Contractor Unpaid MBE Invoice Report).

1.33.8 A Bidder/Offeror 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/Offeror in connection with its certified MBE participation commitment shall be considered a part of the resulting 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/Proposal for order of precedence purposes (see Contract – Attachment A, Section 2.1).

http://mbe.mdot.state.md.us/directory/

1.33.10The Bidder/Offeror 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. (See Contract – Attachment A, Section 32).

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 sub-goals, 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 sub-goals, the MBE Prime must also identify 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 sub-goal classifications but can self-perform up to 100% of the stated sub-goal.

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.

1.33.12 With respect to Contract administration, the Contractor shall:

(a) Submit to the Department’s designated representative by the 10th of the month following the reporting period:

i. A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D-4A) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and

ii. (If Applicable) An MBE Prime Contractor Report (Attachment D-4B) identifying an MBE Prime’s self-performing work to be counted towards the MBE participation goals.

(b) Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit to the Department’s designated representative by the 10th of the month following the reporting period an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment D-5) that identifies the Contract and lists all payments to the MBE subcontractor received from the Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amounts of those invoices.

(c) Maintain such records as are necessary to confirm compliance with its MBE participation obligations.

These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, the type of work performed by each, and the actual dollar value of work performed.

Subcontract agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

(d) Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the MBE participation obligations. Contractor must retain all records concerning MBE participation and make them available for State inspection for three years after final completion of the Contract.

(e) Upon completion of the Contract and before final payment and/or release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.

1.33.13 CONTRACT START-UP MEETING

Prior to the commencement of this contract, or no later than two (2) weeks following official notice of award, the Awardee of the Contract MUST attend the MBE Start-Up Meeting to review with the Agency Representative, the Procurement Officer, and the MBE Compliance Officer the contract terms and conditions, and all of the requirements in performance of this contract. But special attention will be provided to the compliance requirements of the MBE Goal. The Awardee must bring their approved Subcontractor(s) and any personnel, including those authorized to act on behalf of the Contractor directly involved in the performance of this contract. The Contractor shall bring to the Contract Start-Up Meeting a copy of the written contract agreement with the named subcontractor(s). This request is in accordance with COMAR 21.11.03.10B.

The Awardee shall also bring a copy of the written contract between the Prime Contractor and the Subcontractor(s).

The meeting will be arranged by the Procurement Officer in the prescribed limits (no less than two (2) weeks following official notice of award). It is incumbent of the Prime Contractor to ensure the Subcontractor(s) attendance for the required meeting.

1.34 Living Wage Requirements

A solicitation for services under a State contract valued at $100,000 or more may be subject to Md. Code Ann., State Finance and Procurement Article, Title18. Additional information regarding the State’s living wage requirement is contained in Attachment F. Bidders/Offerors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment F-1) with their Bid/Proposal. If a Bidder/Offeror fails to complete and submit the required documentation, the State may determine a Bidder/Offeror to be not 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 Tier 2 Area of the State. 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.

The Contract resulting from this solicitation 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/Offeror must identify in its Bid/Proposal 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.

▪ 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.

▪ If the Contractor provides 50% or more of the…