Approved Annapolis Maryland State House Organic Landscaping Approved 10 27 2026.pdf

STATE OF MARYLAND

OFFICE OF STATE PROCUREMENT (OSP)

DEPARTMENT OF GENERAL SERVICES

MAINTENANCE

INVITATION FOR BIDS (IFB)

ANNAPOLIS MARYLAND STATE HOUSE ORGANIC LANDSCAPING

IFB NUMBER BPM051886

ISSUE DATE: OCTOBER 29, 2026

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Maintenance:

ANNAPOLIS, MARYLAND STATE HOUSE ORGANIC LANDSCAPING

Solicitation Number:

BPM051886

IFB Issue Date: October 29, 2026

IFB Issuing Office:

Department of General Services

Procurement Officer:

Tone Hansford 301 West Preston Street Baltimore, Maryland 21201

Email:

Phone Number:

tone.hansford@maryland.gov

(410) 767-4738

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number BPM051886 To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid Conference:

Pre Bid Annapolis, Maryland State House Organic Landscaping Friday, November 6, 2026 1:00 – 2:00pm Time zone: America/New_York Google Meet joining info Video call link: https://meet.google.com/tda-wscp-hqz Or dial: (US) +1 984-212-2631 PIN: 519 276 062# More phone numbers: https://tel.meet/tda-wscp-hqz?pin=8708765892287

See Section 4.3 for additional details.

See Attachment 2 to RSVP by November 2, 2026 3:00pm

Scheduled Site Visit

Site Visit Location:

November 10, 2026, at 11:00am Annapolis State House address 100 State Circle, Annapolis, MD 21401

To attend the site visit please contact the Procurement Officer via Email no later than November 3, 2026 3:00pm

Questions Due Date and Time:

November 13, 2026 Local Time 10:00 pm

Bid Due (Closing) Date and Time:

Local Time November 21, 2026 at 2:00pm Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

MBE

Subcontracting Goal:

An overall Minority Business Enterprise (MBE) subcontract participation goal of 5% percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 4 for information about the MBE program and goals.

VSBE

Subcontracting Goal:

N/A

Procurement Method:

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Firm Fixed Price

Contract Duration:

Three base terms, with two 1-year renewal option.

Primary Place of Performance:

Maryland State House and Maryland State Circle 100 State Circle Annapolis, MD 21401

SBR Designation: Yes

Federal Funding: No

Table of Contents - IFB 1 Minimum Qualifications 6

1.1 Bidder Minimum Qualifications 6

2 Contractor Requirements: Scope of Work 7

2.1 Summary Statement 7

2.2 Background and Purpose 7

2.3 Contractor Responsibilities and Tasks 9

2.4 Supplemental Category of Work Requirements and Responsibilities 10

3 Standard Terms and Conditions 11

3.1 Contract Initiation Requirements 11

3.2 End of Contract Transition 11

3.3 Invoicing 11

3.3.1 Invoice Submission Schedule 12

3.3.2 Travel Reimbursement 12

Liquidated Damages 12

3.4.1 MBE Liquidated Damages 12

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure 12

3.5 Work Orders 13

3.6 Payments by Electronic Funds Transfer 13

3.7 Prompt Payment Policy 13

3.8 Federal Funding Acknowledgement 14

3.9 Conflict of Interest Affidavit and Disclosure 14

3.10 Non-Disclosure Agreement 14

3.10.1 Non-Disclosure Agreement (Bidder/Offeror) 14

3.10.2 Non-Disclosure Agreement (Contractor) 14

3.11 Maryland Healthy Working Families Act Requirements 14

3.12 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs) 14

3.13 Insurance Requirements 14

4 Bid Submission Information and Instructions 1

4.1 eMaryland Marketplace Advantage (eMMA) 1

4.2 Electronic Means 1

4.3 Pre-Bid Conference 1

4.4 Questions 2

4.5 Bid Due (Closing) Date and Time 2

4.6 Receipt, Opening and Recording of Bids 2

4.7 Duration of Bids 2

4.8 Revisions to the IFB 3

4.9 Cancellations 3

4.10 Incurred Expenses 3

4.11 Protest/Disputes 3

4.12 Bidder Responsibilities 3

4.13 Acceptance of Terms and Conditions 4

4.14 Compliance with Laws/Arrearages 4

4.15 Verification of Registration and Tax Payment 4

4.16 False Statements 4

4.17 Confidentiality of Bids / Public Information Act Notice 5

4.18 Use of Bidder’s Form Not Binding on State 5

4.19 Attachments and Documents Required with the Bid (Table A) 5

4.20 Bid Delivery Instructions 8

4.21 Bid Evaluation Criteria and Award Basis 9

4.22 Tie Bids 10

4.23 Reciprocal Preference 10

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B) 10

5 IFB Appendices and Exhibits 12

5.1 Appendices (Table C) 12

5.2 Exhibits (Table D) 13

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. The Bidder shall have five (5) consecutive years of its entity formed and in business providing organic landscaping installation and maintenance services.

a. Required Documentation: The Bidder shall provide with its Bid “Attachment L Reference Checks” with three (3) references from the past ten (10) years that collectively are able to attest to the Bidder’s required years of experience in providing successful organic landscaping services.

B. The Bidder shall have a minimum of one (1) staff member with each of the following certifications:

a. Certified Professional Horticulturist (CPH)

b. Certified Perennial Gardener (CPG)

c. Chesapeake Bay Landscape Professional: Professional Certified I & II

d. Landscape Design Certified (LDC)

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure organic landscaping services (maintenance and management) for the Maryland State House and Maryland State Circle property.

The primary purpose is to maintain a healthy and aesthetic appearance of the Maryland State House and Maryland State Circle grounds located at 100 State Circle, Annapolis, MD 21401.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the State.

2.1.3 This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

2.2 Background and Purpose

For purposes of this IFB, “organic landscaping” means landscaping with no synthetic pesticides of any kind (insecticides, herbicides, fungicides, etc.) and with no synthetic fertilizers or soil amendments.

Primary services are to be performed from March through mid-December at the State House, including the State Circle property.

2.3 Project Goals/Required Services

The Contractor shall furnish all supervision, labor, tools, materials, supplies, utilities, and equipment necessary to maintain the landscaped areas at the Annapolis State House and Annapolis State Circle property at 100 State Circle, Annapolis, in a neat and well-manicured condition.

A. Monthly Maintenance

● Bi-monthly weeding of existing planting beds and tree rings, including shaping of all plants over 12" in height. During peak periods, the Superintendent may request additional weeding.

● Monthly refresh of mulch – “refresh” defined as turn and redistribute the existing mulch to loosen and blend the material, followed by installation of a new top layer of mulch to restore a consistent and finished appearance. Full removal and replacement of the existing mulch is not intended.

● Dead-heading (a pruning technique that involves removing dying or faded flowers from a plant to encourage it to produce more blooms and extend its flowering period) of perennials and cutback of perennials in the fall.

Selective pruning of shrubs and both evergreen and blooming plants as needed.

Removal of all refuse at the time of work.

B. Spring Maintenance

● Removal of leaves and natural occurring debris from all planting beds

● Application of approved pre-emergent to inhibit weed growth in planting beds

● Installation of premium shredded hardwood mulch to all planting beds and tree rings to a finished depth of 2-3 inches, maintaining appropriate clearance around tree trunks, shrubs, and plant stems.

● Prune and shape ornamental trees and shrubs as necessary

● All debris generated will be hauled from the site

C. Fall Maintenance The general cleanup of planting beds and tree rings throughout the grounds shall include:

● Removal of naturally occurring debris from all planting beds

● Prune and cut back perennials, shrubs, liriope and ornamental grasses as necessary

● Edge planting beds and tree rings to American Nurseryman's Standards

● Application of approved pre-emergent to inhibit weed growth in planting beds

● All debris generated will be hauled from the site

D. Fall Leaf Removal

Beginning the last week of October, weekly fall leaf removal will continue, as needed, through mid-December, for a total of four (4) services.

E. Planting and Seasonal Flower Displays

The Contractor shall provide and install seasonal flowers and bulbs in designated planting beds at the Maryland State House. Plant selections, quantities, colors, and anticipated planting periods are as follows:

Expected Bloom/Display

Plant Material Color Quantity Planting Period

Fall through winter Viola hiemalis (Winter Pansies)

Red and Yellow Approximately 2,500 Mid-October

Spring Tulip bulbs Red and Yellow 3,000 total (1,500 red / 1,500 yellow)

Fall

Summer Dragon Wing Begonias Red Approximately 2,500 Mid-May

Additional Requirements:

A. Flower colors shall match the Maryland State flag colors as specified above.

B. Planting shall be scheduled to ensure the designated flowers are in bloom and providing the intended seasonal display during the applicable season.

C. Bulbs requiring fall installation for spring bloom, such as tulips, shall be planted during the appropriate fall planting period.

D. Quantities identified as "approximately" are intended to establish the anticipated quantity; the Contractor shall provide sufficient plant material to achieve a full and uniform appearance within the designated beds.

E. The Contractor shall coordinate planting timing with DGS to account For seasonal weather conditions and the anticipated bloom period.

F. Landscaping maintenance shall be in accordance with the landscape design documents included in this solicitation.

F. Green Purchasing

a. Maryland’s Green Purchasing requirements apply to this scope of work. The specific requirements attached are in the Facilities Maintenance Addendum.

b. Contractors must comply with Maryland’s Green Purchasing Reporting Requirements. See the Green Purchasing website for more information. Green Purchasing (maryland.gov)

c. 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.”

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

e. 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 on recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold under this price agreement, as specified in the contract.

f. 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.

g. For more information, the Bidder/Offeror may click the following link:

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

G. Landscaping Services

All landscaping services in support of this Contract are to be compliant with the

Maryland Green Purchasing Committee's Specifications for Landscaping Services

2.3.4 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State Superintendent or Assistant Superintendent will assist with necessary security and background clearances and review any additional services requested.

The Building Manager will be the primary point of contact for day-to-day access to the facility.

2.3.5 Other State Responsibilities

A) DGS is responsible for providing access to the facility locations after the Contractor has successfully secured the necessary clearances and identification.

DGS is not responsible for the safekeeping or security of the Contractor’s equipment or materials on-site. The Contractor shall ensure that its items are properly secured during and after working hours.

2.4 Contractor Responsibilities and Tasks

A. The Contractor shall furnish all supervision, labor, tools, materials, supplies, utilities, and equipment necessary to maintain the lawn area at the Annapolis State House and Annapolis State Circle property at 100 State Circle, Annapolis, in a neat and well-manicured condition.

B. The Contractor shall apply for and possess an Annapolis city parking permit in order to have access to street parking while providing services in this location. Go to http://css.annapolis.gov/ to apply for a Temporary Street or Sidewalk Obstruction or Closing permit.

The Maryland State House grounds and flower beds contain existing irrigation lines and a sprinkler system. A map identifying the irrigation lines will be provided to the Contractor after award. The Contractor is responsible for exercising appropriate care to avoid damaging irrigation components during landscaping activities. Any damage to irrigation lines or components caused by the Contractor's landscaping activities will be the financial responsibility of the Contractor. Depending on applicable warranty coverage, repairs may be required to be performed by the original irrigation installer; any costs associated with repairs resulting from the Contractor's activities will remain the Contractor's responsibility.

A. Permits

The Contractor shall obtain and possess any required City of Annapolis parking permit in order to access street parking while providing services at this location. All associated costs shall be borne by the Contractor.

B. Payment Information

Payment shall be in accordance with the Contract’s Standard Terms and Conditions.

C. Work Orders

Work authorization, if required, shall be issued in accordance with the Contract’s Standard Terms and Conditions.

Security Requirements

(1) Employee Identification

a. Contractor personnel shall display company identification in a visible location at all times while on State premises. Upon request of authorized State personnel, Contractor personnel shall provide additional photo identification.

b. Contractor personnel shall cooperate with State site requirements, including escort procedures and badge issuance requirements.

c. The State reserves the right to request removal of any Contractor personnel who fail to comply with the security requirements specified herein.

d. The State reserves the right to request proof of employment authorization of non-United States citizens prior to commencement of work.

(2) Security Clearance / Criminal Background Check

a. A security clearance is required for Contractor personnel assigned to this Contract.

b. The Office of Facilities Management will coordinate criminal background checks for individuals performing services under this Contract.

c. The Contract Monitor reserves the right to reject any individual based upon the results of the background check.

d. The Contractor shall bear the expense of the criminal background check obtained through the Maryland Capitol Police.

2.3 Supplemental Category of Work Requirements and Responsibilities A. Facilities Maintenance Supplemental B. Maryland Green Purchasing Committee Approved Specification—Landscaping Services

C. Maryland Green Purchasing Committee Approved Specification – Landscaping Supplies D. Landscape design documents

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting prior to the commencement of Contract performance.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided if a Notice of Termination is issued by the State.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

An invoice that does not meet the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. Contractor name and address;

B. Remittance address;

C. Federal taxpayer identification (FEIN) number, social security number, as appropriate;

D. Invoice period (i.e., time period during which services covered by invoice were performed);

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

Invoices that contain both fixed price and labor hour or time and material items shall clearly identify each item as either fixed price, and labor hour, or time and material billing.

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed, and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.1 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

A. Invoices for work performed on a labor-hour or time-and-materials basis shall be submitted on or before the 15th business day of the month following the end of the invoice period.

B. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 2 —Sample Contract.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter maintain, a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes, and must include:

A. Contact information B. The process for establishing the existence of a problem.

C. Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for persons responsible for resolving issues after normal business hours

(e.g., evenings, weekends, holidays) and on an emergency basis; and H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstances that affects the PEP, but not less than annually within ten (10) Business Days after the start of each Contract year.

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State that may be allowed by the Contract or applicable law.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

A. By submitting a Bid in response to this solicitation, the Bidder, if selected for award, 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 $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

B. 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/GA DX10Form20150615.pdf.

3.7 Electronic Transaction Fee

A. No later than forty-five (45) calendar days after the end of each monthly reporting period, the Contractor shall remit to the State an electronic transaction fee equal to one percent (1%) of the total approved invoice amount for all accepted goods and services provided under the Contract during the applicable reporting period. The Contractor shall calculate the fee on the gross invoice amount, less any returns or credits. The Contractor may not charge the electronic transaction fee directly to a customer or identify it as a separate line item, fee, or surcharge on any invoice and shall incorporate the fee into the Contract’s unit prices. For example, if the total approved invoice amount for a reporting period equals $10,000, the Contractor shall remit an electronic transaction fee of $100.

B. The Contractor shall submit the electronic transaction fee for the applicable reporting period by one of the two methods below:

1. via ACH: To send ACH payments, the Contractor must fill out the GAD X-10 Form and submit it to the Comptroller at GADACH@marylandtaxes.gov.

All ACH payments must include a note in the comments section that the payment is for “DGS 1% Fee.”

2. by check to the Office of State Procurement at the following address:

Department of General Services, Fiscal Services Division 301 W. Preston Street, Room 1309

Baltimore, MD 21201 ATTENTION: For the Office of State Procurement

C. Simultaneously with the payment of the fee, the Contractor shall email Attachment Z - Monthly Usage Report, documenting all accepted goods or services for the reporting period to:

dgs.statewidecontractsusagereport@maryland.gov.

D. If the Contractor fails to timely and accurately remit the electronic

Transaction fees, the State shall determine that the Contract is in default under the Contract.

3.8 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 (GOSBA) 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 shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2—Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.9 Federal Funding Acknowledgment

This Contract does not contain federal funds.

3.10 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

3.11.2 Non-Disclosure Agreement (Contractor)

A Non-Disclosure Agreement (Contractor) is not required for this procurement.

3.12 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.13 The State of Maryland’s Commitment to Purchasing Environmentally Preferred 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 are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.14 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

3.14.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of one million dollars ($1,000,000) per loss, and a minimum single loss retention not to exceed ten thousand dollars ($10,000), with the State of Maryland listed as a “loss payee

C. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

3.14.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

3.14.3 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits, and requirements set forth in this section within five (5) Business Days from notice of the recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually or as otherwise directed by the Contract Monitor.

Subcontractor Insurance: The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

On the Certificate of Liability, the "DESCRIPTION OF OPERATIONS" shall read as follows:

"(TYPE OF SERVICE) at the (LOCATION). THE STATE OF MARYLAND IS INCLUDED AS

AN ADDITIONAL INSURED SOLELY WITH RESPECT TO THE OPERATIONS AND

ACTIVITIES OF THE NAMED INSURED" (CONTRACT# and CONTRACTOR).

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (Conference)summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

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.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

“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.

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to facilitate sign-in.

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

3.7.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

3.7.2 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

4.4 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR 21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State is the posted date and time in the Procurement Officer’s email inbox.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.4 Receipt, Opening, and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before the bid opening, the State may not disclose the identity of any Bidder.

Bids shall be opened publicly at the time, date, and place designated in the Key Information Summary Sheet.

The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

4.5 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: <<120>> days following the Bid due date and time or the date any protest concerning this IFB is finally resolved. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.6 Revisions to the IFB

3.22.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA, and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

3.22.2 Bidders shall acknowledge in the Bid the receipt of all addenda to this IFB issued before the Bid due date.

3.22.2 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 deemed not responsive.

4.7 Cancellations

3.23.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

3.23.2 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB, and to waive or permit the cure of minor irregularities.

3.23.3 In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled and the award processed in accordance with

COMAR 21.01.03.01.A(4).

3.23.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost-effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.8 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.9 Protests/Disputes

Any protest or claim related to this IFB or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.10 Bidder Responsibilities

3.26.1 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation, and the successful Bidder (the Contractor) remains responsible for Contract performance regardless of subcontractor participation in the work.

3.26.2 If applicable, subcontractors utilized in meeting the established MBE Guidance for completing the Attachments are provided in the appropriate Appendix or Appendices to this IFB (see “Appendix 4 - MBE Participation Goal”).

3.26.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including 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 guarantees the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

3.26.4 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.11 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 – Sample Contract.

Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in the Bid being rejected.

4.12 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 shall not become so in arrears during the term of the Contract if selected for Contract award.

4.13 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 the State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise responsive, successful Bidder from final consideration and recommendation for Contract award.

4.14 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

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.

A person may not aid or conspire with another person to commit an act under this section.

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 (5) years or both.

4.15 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.16 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as bid submission.

4.17 Attachments and Documents Required with the Bid (Table A) A Bidder shall include the following Attachments with its Bid as a single Bid Package:

Attachments A through E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments F through R = Bid may be rejected if the required Attachment is not submitted or is incomplete.

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

Bid/Proposal Affidavit A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal

Affidavit.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachme nt-A.-Bid-Proposal-Affidavit.pdf

B

The Price Form (as specified within eMMA) Do not alter this Price Form or the Bid may be determined to be not responsive.

The Price Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

(See Appendix 2 for specific Price Form Instructions.)

C Bid Bond

N/A

D

MBE Forms D-1A https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/Attachme ntDMBE-Forms-1.pdf IMPORTANT: If this IFB contains different Functional Areas or Service

Categories. A separate Attachment D-1A is to be submitted for each Functional Area or Service Category where there is a MBE goal.

E Veteran-Owned Small Business Enterprise (VSBE) Form E-1A

N/A

F Bidder Information Sheet https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachme nt-F.-Bidder-Offeror-Information-Sheet.pdf

G

Maryland Living Wage Requirements Affidavit of Agreement (for Services and Facilities Maintenance Contracts—See Appendix 6 for

Details) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachme nt-G.-Maryland-Living-Wage-Requirements-Affidavit-of-Agreement.pdf

H Federal Funds Attachments

N/A

I

Conflict of Interest Affidavit and Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachme nt-I.-Conflict-of-Interest-Affidavit.pdf Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

J Mercury Affidavit https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachme nt-J.-Mercury-Affidavit.pdf

K Location of the Performance of Services Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachme nt-K.-Location-of-the-Performance-of-Services-Disclosure.pdf

L

Reference Checks (Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past (Three years).

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachme nt-L.-Reference-Checks.pdf

M List of Current or Prior State Contracts https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachme nt-M.-List-of-Current-or-Prior-State-Contracts.pdf

N Legal Action Summary https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachme nt-N.-Legal-Action-Summary.pdf

O Payment of Employee Healthcare Expenses Certification

N/A

P

Prime Contractor List of ALL Subcontractors Anticipated/Used During Contract…