Appendices_-_Bush_Shelter_Repair_and_Maintenance.pdf

Appendix 1. Abbreviations and Definitions Effective Date: July 2024

Appendix 1. Abbreviations and Definitions

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

A. Bid/Proposal – The Bidder’s Bid or, as appropriate, either or both of the Offeror’s Technical or Financial Proposal.

B. Bid Package - The Bidder’s Bid or the Offeror’s Proposal and all required Attachments as identified in IFB/RFP Table A (Attachments and Documents Required with the Bid/Attachments and Documents Required with Proposal). Any attachments not required will be labeled “Not Applicable” or “N/A” in Table A.

C. Bid/Proposal Price Form or Price Form - The Attachment B The Price Form that contains the prices bid by the Bidder or proposed by the Offeror.

D. Bidder/Offeror – An entity that submits a Bid or Proposal in response to this IFB/RFP.

E. Business Day(s) – The official working days of the week to include Monday through Friday.

Official working days excluding State Holidays (see definition of “Normal State Business Hours” below).

F. COMAR – Code of Maryland Regulations available on-line at https://dsd.maryland.gov/Pages/COMARSearch.aspx

G. Contract – The Contract, in the form of Exhibit 2 hereto, to be awarded to the successful Bidder pursuant to this IFB/RFP.

H. Contract Monitor – The State representative, or their documented designee, for this Contract who is primarily responsible for Contract administration functions, including, but not limited to, issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor’s responsibilities. The Contract Monitor may be changed at any time by written notice to the Contractor.

I. Contractor – The selected Bidder/Offeror awarded a Contract by the State.

J. Contractor Personnel – Employees, agents and subcontractor’s employees and agents performing work for or at the direction of the Contractor under the terms of the Contract.

K. Data Breach – The unauthorized acquisition, use, modification or disclosure of State data, or other Sensitive Data.

L. eMMA – eMaryland Marketplace Advantage; the State’s eProcurement system.

M. Invitation for Bids (IFB) – This Invitation for Bids issued by the Maryland Transit Administration (Administration), with the Solicitation Number and date of issuance indicated in the Key Information Summary Sheet, including any amendments and attachments thereto.

N. Key Personnel – All Contractor Personnel identified in the solicitation as such that are essential to the work being performed under the Contract.

O. 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.

https://dsd.maryland.gov/Pages/COMARSearch.aspx

Appendix 1. Abbreviations and Definitions Effective Date: July 2024

P. MTA – Maryland Transit Administration

Q. 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.

R. 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: www.dbm.maryland.gov – keyword: State Holidays.

S. Notice to Proceed (NTP) – A written notice from the Procurement Officer that work under the Contract, project, Task Order or Work Order (as applicable) is to begin as of a specified date.

The NTP Date is the start date of work under the Contract, project, Task Order or Work Order.

Additional NTPs may be issued by either the Procurement Officer or the Contract Monitor regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date.

T. NTP Date – The date specified in a NTP for work on Contract, project, Task Order or Work Order to begin.

U. Personal Information (PI) or Personally Identifiable Information (PII) – As defined by statute under the State Government Article, Annotated Code of Maryland, Section 10-1301(c):

1) “Personal information” means an individual's first name or first initial and last name, personal mark, or unique biometric or genetic print or image, in combination with one or more of the following data elements:

i) a Social Security number;

ii) a driver's license number, state identification card number, or other individual identification number issued by a unit;

iii) a passport number or other identification number issued by the United States government;

iv) an Individual Taxpayer Identification Number; or

v) a financial or other account number, a credit card number, or a debit card number that, in combination with any required security code, access code, or password, would permit access to an individual's account.

2) “Personal information” does not include a voter registration number.

V. Procurement Officer – As defined in COMAR21.01.02.01B.(67) and prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation. After a Contract award, the Procurement Officer has responsibilities as detailed in the Contract and is the only State representative who can authorize changes to the Contract. The Procurement Officer may be changed at any time by written notice to the Contractor.

W. Protected Health Information (PHI) – Information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe the information can be used to identify the individual.

X. Security Incident – A violation or imminent threat of violation of computer security policies, Security Measures, acceptable use policies, or standard security practices. “Imminent threat of

Appendix 1. Abbreviations and Definitions Effective Date: July 2024 violation” is a situation in which the organization has a factual basis for believing that a specific incident is about to occur.

Y. Security or Security Measures – The technology, policy, and procedures that a) protects and b) controls access to networks, systems, and data.

Z. Sensitive Data - Means PII; PHI; other proprietary or confidential data as defined by the State, including but not limited to “personal information” under Md. Code Ann., Commercial Law § 14-3501(e) and Md. Code Ann., St. Govt. § 10-1301(c) and information not subject to disclosure under the Public Information Act, Title 4 of the General Provisions Article; and information about an individual that (1) can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records; or (2) is linked or linkable to an individual, such as medical, educational, financial, and employment information.

AA. State – The State of Maryland, including the agency that is issuing this solicitation and executing the awarded contract.

BB. Task Order – A subset of work requested through secondary competition and authorized by the Contract Monitor performed under the general scope of this IFB/RFP, which is defined in advance of Contractor fulfillment, and which may not require a Contract Modification. Except as otherwise provided, any reference to the Contract shall be deemed to include reference to a Task Order.

CC. Total Bid/Proposal Price - The Bidder’s bid price or evaluated bid price for goods and services in response to this solicitation or the Offeror’s financial proposal price or evaluated financial proposal price, included in Attachment B – Price Form Instructions.

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

EE. Work Order – A subset of work authorized by the Contract Monitor performed under the general scope of this IFB/RFP, which is defined in advance of Contractor fulfillment, and which may not require a Contract Modification. Except as otherwise provided, any reference to the Contract shall be deemed to include reference to a Work Order.

Appendix 2. Price Form Instructions Effective Date: July 2024

Appendix 2. Price Form Instructions

Each Bidder/Offeror shall submit its response via the Price Form in accordance with the instructions specified herein. Do not alter the Price Form; otherwise, the Bid may be determined to be not responsive or the Proposal may be determined to be not reasonably susceptible of being selected for award. If the Price Form contains a signature box, it must be signed and dated by an individual who is authorized to bind the Bidder/Offeror to the prices entered on the Price Form.

Follow these instructions carefully when completing your Price Form:

A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct.

B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service identified in this IFB/RFP and may not be contingent on any other factor or condition in any manner.

C) All calculations shall be rounded to the nearest cent, e.g., .344 shall be .34 and .345 shall be .35.

D) Any goods or services required through this IFB/RFP which are proposed to be provided at No Cost to the State must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00.

E) Every editable field in the Price Form shall be completed. Any changes or corrections made to the Price Form by the Bidder/Offeror prior to submission due date shall be initialed and dated, if required, or submitted as a new Price Form through eMMA. Partial or incomplete Bids/Proposals will be rejected unless otherwise stated in the solicitation.

F) Except as instructed on the Price Form, nothing shall be entered on or attached to the Price Form that proposes conditions or contingencies on the prices. Conditions may render the Bid not responsive or the Proposal not reasonably susceptible for being selected for award.

G) It is imperative that the prices included on the Price Form have been entered correctly and calculated accurately by the Bidder/Offeror and that the respective total prices agree with the entries on the Price Form. Any incorrect entries or inaccurate calculations by the Bidder/Offeror will be treated as provided in COMAR 21.05.02.12 and may cause the Bid/Proposal to be rejected.

H) All pricing, including labor rates, entered in the Price Form must be fully loaded prices that include all costs/expenses associated with the provision of services required by the IFB/RFP. Examples may include all labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation. No other amounts will be paid to the Contractor.

J) Unless indicated elsewhere in the IFB/RFP, sample amounts used for calculations on the Price Form are typically estimates for evaluation purposes only. Unless stated otherwise in the IFB/RFP, a minimum or maximum number of units or usage in the performance of the Contract is not guaranteed.

K) Failure to adhere to any of these instructions may result in the Bid being determined not responsive or the Proposal being determined not reasonably susceptible of being selected for award.

Appendix 2. Price Form Instructions Effective Date: July 2024

Attachment B - Price Form

Complete the Pricel Form only as provided in the Price Form Instructions. Do not amend, alter or leave blank any items on the Price Form.

See separate Excel Price Form labeled Bid Form.xls.

Submitted by:

Signature of Authorized Representative Date

Printed Name and Title:

Telephone:

Email address:

Bidder Company Name:

Bidder Company Address:

Location(s) from which goods/services will be provided/performed (City/State):

FEIN:

eMMA #:

Appendix 6. Living Wage Requirements Effective Date: July 2024

Appendix 6. Living Wage Requirements for Services & Facilities Maintenance Contracts

The resulting Contract for this procurement has been determined to be a Tier 1 Contract.

I. The following Living Wage Requirements apply to the resulting Contract:

A. Maryland law requires that contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or file a request to the Commissioner of Labor and Industry for a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05.

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

21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions.

Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

C. Additional information regarding the State’s living wage requirement is contained in Attachment G. Bidders/Offerors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment G) with their Bid/Proposal. If the Bidder/Offeror fails to complete and submit the required documentation, the State may determine the Bidder/Offeror to not be responsible under State law.

D. 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 or the State or County minimum wage, whichever is higher. The applicable 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.

1) The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City.

2) The Tier 2 Area includes any county in the State not included in the Tier 1 Area.

(NOTE: State law requires that contractors and subcontractors pay at least the higher of the State or local minimum wage or the minimum Living wage rate whichever is higher.)

3) (a) 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) http://www.dllr.state.md.us/labor/prev/livingwage.shtml

Appendix 6. Living Wage Requirements Effective Date: July 2024 of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located.

(b) If the Contractor provides more than 50% of the services from an out-of-State location, the head of the unit responsible for a State contract will determine the wage tier based on where the majority of the service recipients are located. See

COMAR 21.11.10.07.

E. The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder/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.

1. 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.

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

F. The Bidder/Offeror shall identify in the Bid/Proposal the location where services will be provided.

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

See Attachment G. Maryland Living Wage Requirements Affidavit of Agreement to complete the Affidavit and submit with the Bid or Proposal.

II. Other Living Wage Requirements:

A. This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and Industry (Commissioner). The Living Wage generally applies to a Contractor or subcontractor who performs work on a State contract for services that is valued at $100,000 or more. An employee is subject to the Living Wage: if the employee spends at least one-half of the employee’s time during any workweek on the contract for services; if he/she is at least 18 years old or will turn 18 during the duration of the contract;

if the employee works at least 13 consecutive weeks on the State Contract and during that period works full time

B. The Living Wage Law does not apply to:

(1) A contractor who:

(a) Has a State contract for services valued at less than $100,000, or

(b) Employs 10 or fewer employees and has a State contract for services valued at less than $500,000.

Appendix 6. Living Wage Requirements Effective Date: July 2024

(2) A subcontractor who:

(a) Performs work on a State contract for services valued at less than $100,000,

(b) Employs 10 or fewer employees and performs work on a State contract for services valued at less than $500,000, or

(c) Performs work on a contract that is not covered by the Living Wage Law.

(3) Service contracts for the following:

(a) Services with a public service company;

(b) Services with a nonprofit organization;

(c) Services between units in the Executive Branch of the State government; or

(d) Services between a unit and a County or Baltimore City.

C. If the Unit responsible for the State contract for services determines that application of the Living Wage would conflict with any applicable Federal program, the Living Wage does not apply to the contract or program.

D. A contractor is prohibited from splitting or subdividing a State contract for services, paying an employee through a third party, or treating an employee as an independent Contractor or assigning work to employees to avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement Article, Title 18.

E. Each contractor/subcontractor, subject to the Living Wage Law, shall post in a prominent and easily accessible place at the work site(s) of covered employees a notice of the Living Wage Rates, employee rights under the law, and the name, address, and telephone number of the Commissioner.

F. The Commissioner shall adjust the wage rates by the annual average increase or decrease, if any, in the Consumer Price Index for all urban consumers for the Washington/Baltimore metropolitan area, or any successor index, for the previous calendar year, not later than 90 days after the start of each fiscal year. The Commissioner shall publish any adjustments to the wage rates on the Division of Labor and Industry’s website. A contractor or subcontractor subject to the Living Wage Law must comply with the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate, required by the Commissioner, automatically upon the effective date of the revised wage rate.

G. A Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s share of the health insurance premium, as provided in Md. Code Ann., State Finance and Procurement Article, §18-103(c), shall not lower an employee’s wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-

413. A Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s share of health insurance premium shall comply with any record reporting requirements established by the Commissioner of Labor and Industry.

H. A Contractor/subcontractor may reduce the wage rates paid under Md. Code Ann., State Finance and Procurement Article, §18-103(a), by no more than 50 cents of the hourly cost of the employer’s contribution to an employee’s deferred compensation plan. A

Appendix 6. Living Wage Requirements Effective Date: July 2024

Contractor/subcontractor who reduces the wages paid to an employee based on the employer’s contribution to an employee’s deferred compensation plan shall not lower the employee’s wage rate below the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3-413.

I. Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the Commissioner determines that the contractor/subcontractor violated a provision of this title or regulations of the Commissioner, the contractor/subcontractor shall pay restitution to each affected employee, and the State may assess liquidated damages of $20 per day for each employee paid less than the Living Wage.

J. Information pertaining to reporting obligations may be found by going to the Division of Labor and Industry website https://www.dllr.state.md.us/labor/prev/livingwage.shtml and clicking on Living Wage for State Service Contracts.

https://www.dllr.state.md.us/labor/prev/livingwage.shtml