Asset and Inventory Tracking IFB - BPM031578.pdf

INVITATION FOR BID (IFB)

ASSET AND INVENTORY TRACKING SERVICES

SOLICITATION NO. BCCC-FY23-CW-001

EMMA NO. BPM031578

ISSUE DATE: SEPTEMBER 13, 2022

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Asset and Inventory Tracking Services Solicitation #: BCCC-FY23-CW-001 IFB Document

Page ii of 69

NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of College solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Asset and Inventory Tracking Services Solicitation No: BCCC-FY23-CW-001

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 College is simply too complicated. (Explain in REMARKS section)

� We cannot be competitive. (Explain in REMARKS section)

� Time allotted for completion of the Bid is insufficient

� Start-up time is insufficient

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

� Bid 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: ________________________________________________________________

Page iii of 69

BALTIMORE CITY COMMUNITY COLLEGE

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Services – Asset and Inventory Tracking

Solicitation Number: BCCC-FY23-CW-001

IFB Issue Date: September 13, 2022

IFB Issuing Office: Baltimore City Community College (“BCCC” or the "College")

Procurement Officer: Anna Lansaw e-mail:

Office Phone:

alansaw@bccc.edu 410-209-2378

Bids are to be sent to: Submit via eMMA: www.emma.maryland.gov

Pre-Bid Conference: September 20, 2022 / 10: 00 AM Local Time Location – Teleconference Zoom Meeting See Attachment A for instructions.

Site Visit: September 21, 2022/ 10:00 AM Local Time Location: Main Campus, 2901 Liberty Heights Ave, Baltimore, 21215

Bid Due (Closing) Date and Time:

October 3, 2022 , at 2:00PM EST Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal:

0%

VSBE Subcontracting Goal:

0%

Contract Type: Firm Fixed Price

Contract Duration: 90 days

Primary Place of Performance:

BCCC Various Campuses

SBR Designation: No

Federal Funding: No

Page iv of 69

TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks of the Contractor

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 Invoicing

3.3 Liquidated Damages

3.4 Insurance Requirements

3.5 Security Requirements

3.6 Problem Escalation Procedure

3.7 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

Page v of 69

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Electronic Procurements Authorized

4.25 MBE Participation Goal

4.26 VSBE Participation Goal

4.27 Federal Funding Acknowledgement

4.28 Conflict of Interest Affidavit and Disclosure

4.29 Non-Disclosure Agreement

4.30 Small Business Reserve (SBR) Procurement

4.31 Bonds

4.32 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Bid Price Form

5.3 Required Bid Submission

5.4 Delivery

5.5 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid/ Proposal Affidavit

Attachment C. Conflict of Interest Affidavit and Disclosure

Attachment D. Contract (Draft)

Page vi of 69

Attachment E. Contract Affidavit

Attachment F. Non-Disclosure Agreement (Contractor)

Attachment G. BCCC Inventory Listing .......................................... Separate attachment on eMMA.

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Bidder Information Sheet

Appendix 3. – Bidder Reference Form

Appendix 4. – Performance Bond

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

As part of the determination to be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1.1.1 The Bidder shall have at least two (2) years of experience with asset and inventory tagging, data entry, barcoding, and a web-based asset tracking system.

1.1.2 Experience working with government agencies is preferred.

1.1.3 The Bidder shall provide a minimum of three references of similar scope and services. One of the references shall be from governmental entity of similar scope and size. Refer to Appendix 3.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Baltimore City Community College (BCCC or the "College") is issuing this Invitation for

Bids (IFB) to procure services defined in this Section 2, as specified in this IFB, to provide reconciliation of all inventory and assets at all BCCC campus locations.

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

2.1.3 The College intends to make a single award for the work under this IFB. See IFB Section 4.9 Award Basis for more Contract award information.

2.1.4 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) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.2 Background and Purpose

2.2.1 BCCC is interested in reestablishing its controls over its fixed assets. The College intends to verify the status of all fixed assets, location, and complete a comprehensive inventory check, scan existing assets tags, or retag if missing from asset, and record the results in a database. As such, this inventory will be conducted at the Liberty Campus location and off campus locations.

2.2.2 Based on the existing database, we estimate the final inventory will cover 16,000 furniture assets and 25,000 equipment assets. However, it is expected that the actual results will vary, perhaps significantly, from these estimates.

2.2.3 Project Goals

The following asset categories will be identified, located, and individually tagged. If an asset is already tagged, the contractor shall verify the item, description, and information in a database and update accordingly. This list is not limited to these categories:

A. Audio/Video Equipment B. IT Hardware C. Office Equipment D. Instructional Aids E. Laptops and Tablets F. Printers (including All-in-One Devices) * G. Scanners and Copiers* H. Monitors/Televisions I. Maintenance Equipment J. Telephones including smartphones K. Systems Furniture

L. Case Goods M. Cafeteria Equipment and Furniture N. Gym Equipment O. Lounge Seating P. Artwork (Fine Art) Q. Medical Equipment R. Furniture

2.2.4 Locations

A. The performance of work will be conducted at the following designated office locations:

A. Liberty Campus 2901 Liberty Heights Ave Baltimore, MD 21215 Approximately 11 buildings includes the two locations at the following addresses:

South Pavilion 2600 Liberty Heights Avenue, Baltimore, MD 21215

West Pavilion 3100 Tawanda Avenue, Baltimore, MD 21215

B. Work Force Development & Continuing Education Division 701 E. Lombard St., Baltimore, MD 21201

C. Bio-Park (2nd Floor) 801 West Baltimore Street, Baltimore, MD 21201

D. Reisterstown Plaza 6764-A Reisterstown Road, Baltimore, MD 21215

E. WBJC Radio 6776 Reisterstown Road, Baltimore, MD 21215

2.2.5 College Staff and Roles

A. The College will provide normal office working facilities and equipment reasonably necessary for the Contractor to perform under this Contract. Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified.

B. The College is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work and will provide such additional assistance and services as is specifically set forth.

2.3 Responsibilities and Tasks of the Contractor

2.3.1 The selected Contractor shall take physical stock of all fixed Assets of the College including those in each Departments, Sections, Centers, and any other assets available or identified whether specifically indicated in this document or not.

A. For each asset tagged, the following data will be captured:

• Bar Code Asset Number (existing if available)

• Description ID

• Manufacturer (face name)

• Model Number *

• Product Description

• Location Code (building, room, floor)

• Condition (good, fair, poor)

• Serial Number* (as available)

B. Certain areas or categories are excluded from this scope of service:

a. Bookstore Inventory

b. Library Books and Journals

c. Items valued less than $100.00 (excludes sensitive items)

d. Buildings

e. Land

f. Plants

g. Vending Equipment

h. Brand Refrigerators located in the Cafeteria and Bookstore

2.3.2 Physically verify the existence of assets in the campus and creation of data bank of all physical assets of the College in digital format that can be imported into a database. The contractor is to use the College’s inventory management system, Ingenium, to scan and tag inventory. The College has three bar code scanning that can lent for inventory scanning; otherwise, Contractor is to provide the compatible bar code scanners to perform the function.

2.3.3 Reconciliation of asset base including store and inventory (value and number wise) with that appearing in the fixed asset register and books of Accounts and other documents regarding Inventory being maintained by the College and report of differences. Suitable adjustment/ accounting of the excess and shortage are to be provided.

2.3.4 A complete report of shortage and excess of the fixed assets including all inventories is to be prepared giving full details as to the locations and purchase value etc. in respect of each location and departments within these locations.

2.3.5 A complete report of obsolete/unserviceable fixed assets including stores and inventories is to be prepared separately giving full details as to the locations and purchase value etc.

2.3.6 A detailed report of movement of assets including assets and inventories during the period of physical verification is to be prepared.

2.3.7 Physical verification report is to be confirmed with counter signature and acceptance by the official of the College within 10 calendar days of completion of physical count.

2.3.8 Items meant for write off or disposal shall also be included in the list in separate category as part of the final report.

2.3.9 All the works shall be carried out and completed to the satisfaction of the College.

2.3.10 Schedule for completion of work: The completion of the actual complete work relating to physical verification, e-fixed assets register, tagging, asset tracking, data entry, reconciliation should be completed within 90 days of receipt of the work order/purchase order. The Contractor shall adhere strictly to the implementation schedule.

2.3.11 The contractor shall provide adequate staffing to complete the work within the timeframe allocated and make reports as each location is completed.

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, the Contractor shall furnish a Project Schedule describing the activities for the Contractor, and the College.

3.2 Invoicing

3.2.1 General

A. The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor at e-mail address: kzurlage@bccc.edu and submitted through the follow below link:

https://app.smartsheet.com/b/form/05056eca7ca04d538c166a02267cb657

B. All invoices for services shall be verified by the Contractor as accurate at the time of submission.

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) College assigned Contract number;

8) College assigned (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

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

E. The College reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the College with 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.

F. Any action on the part of the College, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

mailto:kzurlage@bccc.edu

G. The College 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.

H. 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.

3.2.2 Invoice Submission Schedule

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

A. For items of work for which there is one-time fix price of the services being requested and shall be billed upon the completion and acceptance of the work by the College.

3.2.3 Deliverable Invoicing

A. Deliverable invoices shall be accompanied by notice(s) of acceptance issued by the College for all invoices submitted for payment. Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcce ptanceForm-DPAFsample.pdf).

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2.

3.3 Liquidated Damages

Liquidated damages: Delay in the said work will attract a penalty of 0.5% of the contract value per week or part thereof subject to a maximum of 10% of the contract value.

3.4 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:

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

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

B. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000. The College and the State should be added as a “loss payee.”

D. 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 Maryland law requires a greater amount of coverage). Coverage must be valid in all areas where work is performed.

E. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the College where the vehicle(s) is registered, but in no case less than those required by the College.

3.4.2 The College 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.

3.4.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier 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 cancelled 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.

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

3.4.5 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 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.

3.4.6 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.

3.5 Security Requirements

The following requirements are applicable to the Contract:

3.5.1 Employee Identification

A. Contractor Personnel shall display his or her company ID badge in a visible location at all times while on College premises. Upon request of authorized College personnel, each Contractor Personnel shall provide additional photo identification.

B. Contractor Personnel shall cooperate with College site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for College badge issuance.

C. Contractor shall remove any Contractor Personnel from working on the Contract where the College determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein.

D. The College reserves the right to request that the Contractor submit proof of employment authorization of non-United Colleges Citizens, prior to commencement of work under the Contract.

3.5.2 Security Clearance / Criminal Background Check

A security clearance is not required for Contractor Personnel assigned to the Contract.

3.5.3 On-Site Security Requirement(s)

A. Contractor is to provide personnel list associated with the project prior to beginning work. Upon arrival on any BCCC campus, personnel shall report to the Public Safety Security Kiosk at the main campus, 2901 Liberty Heights Ave. The Liberty Campus Public Safety contact phone # is

(410) 462-7700.

B. After signing in, the contractor’s personnel should contact Assist. V. P. of Facilities or her designee for directions. Upon completion of the work, Contractor’s personnel shall return to the Public Safety Office and sign-out on the Security Log.

3.6 Problem Escalation Procedure

3.6.1 The Contractor must provide and 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 College within appropriate timeframes.

3.6.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other College personnel as directed should the Contract Monitor not be available.

3.6.3 The Contractor shall provide the PEP 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 PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

A. The process for establishing the existence of a problem;

B. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

C. 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;

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

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

F. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

G. A process for updating and notifying the Contract Monitor of any changes to the PEP.

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

3.7 Additional Clauses

3.7.1 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.

3.7.2 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

4 Procurement Instructions

4.1 Pre-Bid Conference

4.1.1 A pre-Bid conference (Conference) will be held at the date, time, and location indicated on the

Key Information Summary Sheet.

4.1.2 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 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.

4.1.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the requirements of the contract and the MBE Goal.

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

4.1.5 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

4.1.6 Those wishing to attend the web conference may request a meeting invitation by emailing the Procurement Officer listed in the key information sheet no later than 2:00 PM on September 19, 2022. A request with including Pre-Bid Form (Attachment A) shall be sent to the Procurement Officer. Upon receipt of the request, the zoom conference link will be sent out to all names listed on the form.

4.1.7 A site visit has been pre-scheduled for September 21, 2022 beginning at the BCCC’s main campus in front of the Facilities trailer. Site visit will start at 10:00 am Local Time. Located at 2901 Liberty Heights Road, Baltimore, MD 21215. All prospective Bidders are encouraged to attend to facilitate better preparation of their Bids.

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland. The IFB, 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.

4.2.2 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.

4.3 Questions

4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (BCCC-FY23-CW-001 - Asset and Inventory Tracking Services), and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid due date or no later than the date and time specified 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.

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

4.3.2 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.

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

4.4 Procurement Method

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under Section 2 of the College’s Procurement Policies and Procedures (PP&P).

4.5 Bid Due (Closing) Date and Time

4.5.1 Bids, in the number and form set forth in Section 5 Bid Format, must be received by the

Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.5.2 Requests for extension of this date or time shall not be granted.

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided the College’s PP&P, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.5.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

4.5.5 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.

4.5.6 Bids may not be submitted by e-mail or facsimile. Bids will be opened publicly at the date and time indicated on the Key Information Summary Sheet.

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

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids

4.7.1 Refer to Section 5.4 regarding delivery. All bids shall be uploaded into the eMMA and all required documentation.

4.7.2 Bids shall be opened electronically through eMMA on or after the bid due date. Bidders that submitted will be notified through the eMMA systems that bids were opened.

4.8 Confidentiality of Bids / Public Information Act Notice

4.8.1 The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the College 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.

4.8.2 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 in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

4.8.3 For requests for information made under the 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.

4.9 Award Basis

4.9.1 A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price for providing the goods and services as specified in this IFB. Bidders must bid all line items. Bid price form is located under the eMMA solicitation number. Partial or incomplete bids will be rejected unless otherwise as stated in the solicitation. See IFB Section 6 for Bid evaluation and award information.

4.9.2 Award of this contract 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) 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.

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.11 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.

4.12 Revisions to the IFB

4.12.1 If the IFB is revised before the due date for Bids, the College shall post any addenda to the IFB on eMMA and shall endeavor 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 remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

4.12.3 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.

4.13 Cancellations

4.13.1 The College 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.

4.13.2 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 College determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.14 Incurred Expenses

The College 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.

4.15 Protest/Disputes

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

4.16 Bidder Responsibilities

4.16.1 Bidders must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation.

4.16.2 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 will guarantee 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.

4.16.3 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 College 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 College.

4.17 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Attachment M. 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.

4.18 Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B of this IFB.

4.19 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 for informational purposes as Attachment E of this IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

4.20 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.

4.21 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State’s Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.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 successful Bidder from final consideration and recommendation for Contract award.

4.22 False Statements

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

4.22.1 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.

C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

4.22.2 A person may not aid or conspire with another person to commit an act under Section 4.22.1.

4.22.3 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 (5) years or both.

4.23 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

4.23.1 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.

4.23.2 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/ GADX10Form20150615.pdf.

4.24 Electronic Procurements Authorized

4.24.1 The College’s Procurement Policies and Procedures Section 3, unless otherwise prohibited by law, the College conducts procurement transactions by electronic means, including the solicitation, proposing, award, execution, and administration of a contract.

4.24.2 Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or Contract. In the case of electronic transactions authorized by this IFB, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures.

4.24.1 “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.

4.24.2 In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., IFB § 4.23 describing payments by Electronic Funds Transfer), the following transactions are authorized to be conducted by electronic means on the terms as authorized in

COMAR 21.03.05:

The Procurement Officer may conduct the procurement using eMMA or e-mail to issue:

1) The IFB;

2) Any amendments;

3) Pre-Bid conference documents;

4) Questions and responses;

5) Communications regarding the solicitation or Bid to any Bidder or potential Bidder;

6) Notices of award selection or non-selection; and

7) The Procurement Officer’s decision on any Bid protest or Contract claim.

The Bidder or potential Bidder may use eMMA or email to:

8) Submit Bids; (eMMA only) https://procurement.maryland.gov/

9) Ask questions regarding the solicitation;

10) 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;

11) Submit a "No Bid Notice/Vendor Feedback Form" to the IFB.

The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract administration utilizing e-mail, or other electronic means if authorized by the Procurement Officer or Contract Monitor.

4.24.3 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 initial Bids, except through eMMA

B. Filing of bid protests;

C. Filing of Contract claims;

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

4.24.4 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.

4.25 MBE Participation Goal

There is no MBE participation goal for this procurement.

4.26 VSBE Participation Goal

There is no VSBE participation goal for this procurement.

4.27 Federal Funding Acknowledgement

This Contract does not contain federal funds.

4.28 Conflict of Interest Affidavit and Disclosure

4.28.1 The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure

(Attachment C) and submit it with its Bid.

4.28.2 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.

4.28.3 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.

4.28.4 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.”

4.29 Non-Disclosure Agreement

4.29.1 Non-Disclosure Agreement (Bidder)

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

4.29.2 Non-Disclosure Agreement (Contractor)

All Bidders are advised that this solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment F. This Agreement must be provided within five (5) Business Days of notification of recommended award;

however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

4.30 Small Business Reserve (SBR) Procurement

This solicitation is not designated as a Small Business Reserve (SBR) Procurement.

4.31 Bonds

4.31.1 Bid Bond – No bid bond is required.

4.31.2 Performance Bond

A. The successful Bidder shall deliver a Performance Bond, or other suitable security, to the College after notification of recommended award.

B. The successful Bidder must submit a Performance Bond, or other suitable security in the amount equal to bid submitted guaranteeing that the Contractor shall well and truly perform the Contract.

C. The Performance Bond shall be in the form provided in Appendix 4 and underwritten by a surety company authorized to do business in the College and shall be subject to approval by the College, or other acceptable security for bond as described in the State’s Finance & Procurement Articles..

D. The Performance Bond shall be maintained throughout the term of the Contract, and renewal option period(s), if exercised. Evidence of renewal of the Performance Bond and payment of the required premium shall be provided to the College.

E. The Performance Bond may be renewable annually. The Contractor shall provide to the College, 30 days before the annual expiration of the bond, confirmation from the surety that the bond will be renewed for the following year. Failure to timely provide this notice shall constitute an event of default under the Contract. Such a default may be remedied if the Contractor obtains a replacement bond that conforms to the requirements of the Contract and provides that replacement bond to the College prior to the expiration of the existing Performance Bond.

F. The cost of this bond, or other suitable security, is to be included in the total prices proposed and is not to be proposed and will not be recoverable as a separate cost item.

G. After the first year of the Contract, the Contractor may request a reduction in the amount of the Performance Bond. The amount and the duration of the reduction, if any, will be at the College’s sole discretion. If any reduction is granted, the College’s shall have the right to increase the amount of the Performance Bond to any amount, up to the original amount, at any time and at the College’s sole discretion.

4.31.3 Acceptable security

Acceptable security shall be as described below, identified within and excerpted: Acceptable security for bid, performance, and payment bonds is limited to:

1) A bond in a form satisfactory to the College underwritten by a surety company authorized to do business in this state;

2) A bank certified check, bank cashier's check, bank treasurer's check, cash, or trust account;

3) Pledge of securities backed by the full faith and credit of the United States government or bonds issued by the state;

4) An irrevocable letter of credit in a form satisfactory to the Attorney General and issued by a financial institution approved by the State Treasurer.

4.31.4 Surety Bond Assistance Program

Assistance in obtaining bid, performance and payment bonds may be available to qualifying small businesses through the Maryland Small Business Development Financing Authority (MSBDFA).

MSBDFA can directly issue bid, performance or payment bonds up to $750,000. MSBDFA may also guarantee up to 90% of a surety's losses as a result of a Contractor’s breach of Contract; MSBDFA exposure on any bond guaranteed may not, however, exceed $900,000.