Appendix_3_-_Commodity_Supplement_-_Bagged_De-Icing_Materials.pdf

Commodity Supplemental – Bagged De-Icing Materials Effective Date: July 2024

BPM046238/001IT821473

Appendix 3 - Commodity Supplemental

This supplemental contains additional requirements under Section 2 of the solicitation.

Scope of Contract:

Vendor shall submit a price based on the deicing products as specified in Section C below. The vendor shall supply the State of Maryland and the using authorities with bagged deicing products for the contract period specified in the IFB Key Information Summary Sheet.

Types of Bagged Deicing Material requested by the State of Maryland as defined below:

1) Calcium Chloride Pellets 50lb bag

2) Calcium Chloride Flakes 50lb bag

3) Magnesium Chloride Pellets 50lb bag

4) Magnesium Chloride Flakes 50lb bag

5) Safe Step Mag Chloride 8300 Ice Melter 50lb bag

6) IceAway Max Green Professional Grade Ice Melt 50lb bag

7) Sodium Chloride (Rock/Solar) 50lb bag

8) Ice Slicer RS – by Redmond 50lb bag

9) Clear Lane PNS Enhanced Deicer – by Cargill 50lb bag

10) Ice Slicer Super Blend – by Redmond 50lb bag

11) Safe Step Enviro Blend 6300 Ice Melter 50lb bag

12) Firestorm Intense Ice Melter 50lb bag

13) Superior Sno-N-Ice Melter 50lb bag

14) Deicer Melting Compound Blend Mix 50lb bag

Acceptable Deicer BRANDS: Thawrox, ArtiCLEAR, Blizzard Wizard, Ice B’Gone, and Greenscapes

Bids:

Vendor shall bid base unit cost of the product which includes delivery and administrative charges. All

Bid prices are to be fully loaded prices that include all costs/expenses associated with the provision of the deicing products as required by the IFB.

Indefinite Delivery Indefinite Quantity (IDIQ):

Shall be made as requested by the using authority on an “as-required” basis. The agency contract does not obligate the State of Maryland and its using agencies to purchase any minimum or maximum quantity through the contract period.

Delivery:

Commodity Supplemental – Bagged De-Icing Materials Effective Date: July 2024

• Non-emergency Deliveries shall be made as expeditiously as possible, F.O.B. Destination Freight

Prepaid and Allowed to the using agency facility within the award District(s) of the State of Maryland no later than five (5) business days upon request for non-emergency requests. Vendor shall call the using agency 24 hours in advance to notify agency of the anticipated delivery, for non-emergency requests.

• Emergency Deliveries shall be made as expeditiously as possible, F.O.B. Destination Freight Prepaid and Allowed to the using agency facility within the award District(s) of the State of Maryland no later than two (2) business days upon an emergency request. Vendor shall call the using agency within 24 hours to notify agency of the anticipated delivery, for emergency requests.

• Note: Orders must be for “full pallet load” for a minimum bagged order, in 6 mil poly bags, at minimum. The using agency will be responsible for expedited orders.

• The vendor shall deliver during normal business hours, Monday – Friday, 7:30 A.M. – 3:30 P.M.

unless the vendor makes special arrangements with the receiving facility in advance of any anticipated delivery during non-business hours within the delivery period.

Orders:

Shall be made by the requested using authority on an “as-required” basis. This contract does not obligate the State of Maryland and its using agencies to purchase any minimum or maximum quantity through the contract period.

Purchasing Procedure for purchase orders and credit cards:

Using agency shall issue a purchase order to the Contractor for commodities covered by this contract.

The State of Maryland Purchasing Card may be accepted for purchases made against this contract within the procurement officer’s limitations.

Districts Covered Under Contract:

The list below are the seven (7) Districts located within the State of Maryland. The Vendor will select the District(s) that they will deliver the deicing products and enter their prices in the corresponding Tab on the Price Bid Form.

a) District 1 – Dorchester, Somerset, Wicomico, Worcester

b) District 2 – Caroline, Cecil, Kent, Talbot, Queen Anne’s

c) District 3 – Montgomery, Prince George’s

d) District 4 – Baltimore County, Baltimore City, Harford

e) District 5 – Calvert, Charles, St. Mary’s, Anne Arundel

f) District 6 – Allegany, Garrett, Washington

g) District 7 – Carroll, Frederick, Howard

STATEWIDE

DISTRICTS/COUNTIES:

District 1 District 2 District 3 District 4 District 5 District 6 District 7

Dorchester Caroline Montgomery Baltimore Calvert Allegany Carroll

Somerset Cecil

Prince

George’s Baltimore City Charles Garrett

Frederick

Commodity Supplemental – Bagged De-Icing Materials Effective Date: July 2024

Wicomico Kent Harford St. Mary’s Washington Howard

Worcester Talbot

Anne

Arundel

Queen

Anne’s

1. Mercury and Products That Contain Mercury

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

All products or equipment provided pursuant to this solicitation shall be mercury-free products. The

Bidder/Offeror must submit a Mercury Affidavit in the form of Attachment J with its

Bid/Proposal.

2. Green Purchasing

Contractors must comply with Maryland’s Green Purchasing Reporting Requirements. See the Green

Purchasing website for more information. Green Purchasing (maryland.gov)

The State of Maryland is committed to purchasing environmentally preferable products and services

(EPPs). Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.”

Accordingly, Bidders/Offerors are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

The State of Maryland reserves the right to request from the Contractor quarterly sales data over the life of this contract. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold on this price agreement per the contract specifications.

This information will enable Maryland State agencies to comply with Article §14–405 of the Annotated

Code of Maryland and COMAR 21.13.01.14, effective October 1, 2014, which requires Maryland State agencies to report to the Department of General Services on their procurement of environmentally preferable products and services. To facilitate consistent reporting on targeted contracts, the Contractor will be provided with a VENDOR GREEN SALES REPORT template by the Maryland DGS.

3. Basis of Award

The awards for this solicitation will be made BY LINE to the responsive and responsible Vendors with the lowest price, as determined by the Procurement Officer to be in the best interests of the State of

Maryland.

a). BY LINE is defined as all items or none. The bidder/offeror must bid ALL line items. Each

LOT represents a different district within the State of Maryland. Vendors shall complete LOT

Tabs for the Districts the Vendor can service. Vendors, do not complete pricing LOTS for

Districts that are beyond your Service Areas.

https://dgs.maryland.gov/Pages/GreenPurchasing/Resources/Specifications.aspx

Commodity Supplemental – Bagged De-Icing Materials Effective Date: July 2024

Vendors shall submit a bid price based on product description (specification), unit of measure specified on each line, and ability to deliver to the Service Area/District. For example:

c). Lot A – District 1 – Dorchester, Somerset, Wicomico, Worcester Counties d). Unit of Measure (U/M) – 50 lb. bag e). Specification – Calcium Chloride Pellets, Deicer Melting Compound Blend Mix, Bag: Sodium

Chloride, etc.

The State reserves the right to make the award by item, or groups of items, or Total Bid/Proposal Price if it is in the best interest of the State to do so unless the Bidder/Offeror specifies in its bid/proposal that a partial or progressive award is not acceptable.

4. Price Escalation

One hundred twenty (120) days prior to the end of each year of the contract, the Contractor may request, in writing, a cost adjustment to be in effect for the subsequent years of the contract. Any proposed increase in price shall not exceed the rate of inflation as determined by the Consumer Price

Index for all urban consumers (CPI-U) - U.S. City average all items published quarterly by the Bureau of Labor Statistics at the time of the request. The State reserves the right to adjust the scope of the contract in order to keep expenditures within authorized appropriations.

The price adjustments for the renewals shall be negotiated and mutually agreed upon by Office of State

Procurement and the Contractor(s). Although each negotiation will be carried out independently, the percentage increase or the monetary increase shall be the same for all vendors. The Office of State

Procurement reserves the right to renew any and/or all Contractor’s contracts. Any contracts, which are not renewed, will be competitively re-bid. Upon renewal, the existing contract terms and conditions will apply.

5. Unit Prices

Should the Contractor be required to perform work over and above that required by the Contract documents, or should the Contractor be ordered to omit work required by the Contract documents, an equitable adjustment will be made to the Contract price. In determining the amount of any such extra to the Contractor, which is governed by unit prices, the amount of the extra will be the unit price bid/proposal by the Contractor or a reasonable price, whichever is less. In determining the amount of any such credit due to the State, which is governed by unit prices, the amount of the credit will be the unit price bid/proposal by the Contractor or a reasonable price, whichever is greater. Unit prices quoted will be the same for extra work and for credit work and shall be the sum total compensation payable or creditable for such items of work, including all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc. The Procurement Officer will issue one or more Contract modifications to authorize any such additions or deletions of work.

7. Tax Exemption

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request.

Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

8. Specifications Supplemental

Commodity Supplemental – Bagged De-Icing Materials Effective Date: July 2024

All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in this solicitation.

9. Delivery and Acceptance

Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the

Contractor’s control. The State unilaterally may order in writing the suspension, delay or interruption of performance hereunder. The State reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered F.O.B. to the point or points specified on the date requested by the Using Agency or for emergency situations, within four (4) hours of the time requested by the Using Agency. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. The

Bidder/Offeror shall promptly replace rejected materials. The State reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

10. EPA Compliance

Materials, supplies, equipment, or other services shall comply in all respects with the Federal Noise

Control Act of 1972, where applicable.

11. Occupational Safety and Health Act (OSHA)

All materials, supplies, equipment or services supplied as a result of this contract shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act Standards.

12. Returned Goods

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to costs allowable, reasonable and allocable to the returned goods in accordance with

COMAR 21.09. Contractor(s) must provide written proof of claimed costs. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.

Scope of Contract:

Vendor shall submit a price based on the deicing products as specified in Section C below. The vendor shall supply the State of Maryland and the using authorities with bagged deicing products for the contract period specified in the IFB Key Information Summary Sheet