BPM026671 - Emergency Mold Remediation at LABOR Office Building 175 Post Office Road, Waldorf, MD.pdf

STATE OF MARYLAND

DEPARTMENT OF LABOR (LABOR)

INVITATION FOR BIDS (IFB)

EMERGENCY MOLD REMEMIATION AT LABOR 175 POST

OFFICE ROAD, WALDORF, MD

IFB NUMBER: BPM026671

ISSUE DATE: NOVEMBER 10, 2021

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which 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.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State 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)

Emergency Mold Remediation at LABOR Office Building 175

Post Office Road, Waldorf, MD

Solicitation #: BPM026671

IFB Document

IFB for Maryland Department of Labor Page ii of 70

Title: Emergency Mold Remediation at LABOR Office Building 175 Post Office Road, Waldorf, MD

Solicitation No: BPM026671

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

Other commitments preclude our participation at this time

The subject of the solicitation is not something we ordinarily provide

We are inexperienced in the work/commodities required

Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

The scope of work is beyond our present capacity

Doing business with the State 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: ________________________________________________________________

STATE OF MARYLAND

IFB for Maryland Department of Labor Page iii of 70

DEPARTMENT OF LABOR (LABOR)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Service- Emergency Mold Remediation at LABOR Office

Building 175 Post Office Road, Waldorf, MD

Solicitation Number: BPM026671

IFB Issue Date: November 10, 2021

IFB Issuing Office: Maryland Department of Labor (LABOR or the "State")

Procurement Officer: Emmanuel Smith

1100 N. Eutaw Street, Room 101

Baltimore, MD 21201 e-mail:

Office Phone:

emmanuel.smith@maryland.gov

410-767-2650

Bids are to be sent to: Bids will be accepted through the State's eMaryland

Marketplace Advantage (eMMA) e-Procurement system.

Instructions on how to submit proposals electronically can be found at:

https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-

Solicitations-Double-Envelope-v2.pdf

Pre-Bid Conference: There will be no Pre-Bid Conference for this solicitation

Site Visit Date and Time: 175 Post Office Road, Waldorf, MD 20602

Tuesday, November 12, 2021 at 10:00 am to 12 pm Local Time

Contact Person: Michael Davis – 443-241-1146

Questions Due Date and Time November 12, 2021, 4.:00 pm Local Time

Bid Due (Closing) Date and

Time:

November 16, 2021, 10:00 am Local Time

Note: All Bids are to be submitted via eMMA only

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Public Bid Opening Date, Time and Location

November 16, 2021, 11:00 am Local Time

Via eMMA.

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Fixed Price

Contract Duration: Fifteen (15) Days

Primary Place of

Performance:

175 Post Office Road, Waldorf, MD 20602 mailto:emmanuel.smith@maryland.gov https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf

IFB for Maryland Department of Labor Page iv of 70

SBR Designation: Yes

Federal Funding: No

IFB for Maryland Department of Labor Page v of 70

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 State Holiday

2.4 State’s Rights

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

3.13 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

IFB for Maryland Department of Labor Page vi of 70

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

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 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

IFB for Maryland Department of Labor Page vii of 70

5.5 Delivery

5.6 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 Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Bidder Information Sheet

IFB for Maryland Department of Labor Page 1 of 70

1 Minimum Qualifications

The Bidder shall submit written evidence and documentation to verify the following 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 Prior to submitting a bid covered by the specification, the Bidders must have a minimum of three

(3) complete and consecutive years of providing mold remediation services of buildings of the type and size covered by this solicitation. The experience of officials gained prior to the formation of the company may be considered when evaluating responsibility.

1.1.2 The three (3) complete and consecutive years required above must have been immediately prior to bidding on this solicitation.

1.1.3 The Bidders must provide to the State with their bid, evidence of the following:

A. Listing of companies or organizations for which the bidder provided mold remediation service over the preceding three (3) years including the length of time the service was provided.

B. Each reference must include:

1. Name and complete address of business or company

2. Name of the contact person, email address, and current phone number

3. Term and length of each contract

4. Size and type of facility (square footage)

5. Type of services provided

6. Names of supervisory personnel who will perform under the contract, specifying the length and type of experience of each such personnel

7. Contract value

1.1.4 Failure to provide any of the above information or documentation may result in a bid being determined non-responsive.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for Maryland Department of Labor Page 2 of 70

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Labor (LABOR or the "State") is issuing this Invitation for Bids

(IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the State.

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 The State 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

The Maryland Department of Labor (LABOR) is soliciting bids from contractors to provide Mode

Remediation and all necessary labor, materials, and insurance to complete the project as detailed below.

2.2.1 Responsibilities and Tasks

Location: 175 Post Office Road, Waldorf, MD 20602.

The Property is approximately 12,000 sq. ft. in size

Approximately 17,500 sq. ft of walls needs to be treated

Approximately 11,800 sq. ft. of ceiling needs to be treated

Approximately 5,250 sq. ft. of carpet needs to be treated

a) Contractor shall visit the project site and verify existing conditions before submitting a bid.

Failure to conduct a site visit may result in the bid being deemed non-responsive.

b) The Contractor shall perform the following:

1. Identify and treat all areas of concern and identify and treat any areas that may contain mold.

2. Prepared the area, cover all furniture to ensure no dust or cross contamination.

3. Clean all visible mold on walls, ceilings, floors, furniture, and equipment as needed.

4. Clean ceiling HVAC diffusers and return covers. Perform a visual inspection of the attached vents after cleaning is finished

5. All treatment should be performed in compliance with EPA and State Guidelines.

6. Clean and deodorize approximately 1,310 sq. ft. of carpet

7. Remove moisture from building

8. Provide Negative Air Machines/ Air Scrubbers upon the completion of the cleaning of the space. The Air Scrubbers should remain in the building for a period of at least 3 days

IFB for Maryland Department of Labor Page 3 of 70

2.2.2 State Responsibilities

a) The State will provide normal office working facilities and equipment reasonably necessary for

Contractor performance under the Contract. Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified.

b) The State 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.

c) Permit access to building, parking, and the use of existing shop facilities and utilities.

2.3 State Holidays

The Department does not require security services on the following observed Maryland State holidays. The Contractor shall be informed of the applicable dates when published by the

State of Maryland.

New Year’s Day Labor Day

Martin Luther King Day Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Thanksgiving Friday

Christmas Day

And all other additional days authorized by the Governor, plus official general election days.

Publicly announced emergency days off (including full and part days off), in case of events such as hurricanes, snowstorms, etc., as declared by the Governor, County authorities that result in the closure of offices, will be observed by LABOR, and consequently will not be work-as-usual days billable under this contract.

2.4 State’s Rights

Nothing in these conditions shall be deemed to limit the State’s right or remedies in the event the

State’s actual damage exceeds the amount withheld from billing. The State’s failure, at any time, to require performance of the provisions shall in no way affect the State’s rights to enforce it for subsequent occurrences.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

IFB for Maryland Department of Labor Page 4 of 70

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

The contractor shall refer to the guidelines below for mold remediation techniques;

A. OSHA’s “Brief Guide to Mold in the Workplace”.

B. EPA’s “Mold Remediation in Schools and Commercial Buildings”

C. Institution of Inspection Cleaning and Restoration Certification (IICRC)’s Standard and reference Guard for Professional Mold Remediation S520.

D. A Bidder, either directly or through its subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Bidder (the

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

E. Each Contractor shall be permitted to examine the site, familiarize themselves with the full nature and extent of the work, ask questions, obtain answers to the SOW, and obtain clarifications of the Contract. It is the Contractor's sole responsibility to familiarize themselves thoroughly with the location of the work and the surrounding area as well as the contents of the SOW. Failure to do so does not relieve the successful Contractor from its obligations to comply with all aspects of this solicitation package for the amount they specify as their Bid Price.

F. The anticipated duration of services to be provided under this Contract is for 15-days.

The awarded Contractor is expected to complete the Contract as timely as possible, regardless of the length of time allowed for completion.

G. The contractor shall be responsible for obtaining any and all permits required for the

SOW stated below and arranging all the inspections needed by the county or State.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on Contractor, for a period up to 30 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

a) Provide additional services and support as requested to successfully complete the transition;

b) Maintain the services called for by the Contract at the required level of proficiency;

c) Provide updated System Documentation (see Appendix 1), as appropriate; and

d) Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

IFB for Maryland Department of Labor Page 5 of 70

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract

Monitor.

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

a) The Contractor shall provide a draft Transition-Out Plan 120 Business Days in advance of

Contract end date.

The Transition-Out Plan shall address at a minimum the following areas:

1. Any staffing concerns/issues related to the closeout of the Contract.

2. Communications and reporting process between the Contractor, the State and the

Contract Monitor.

3. Security and system access review and closeout.

4. Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the State or a designee.

5. Any final training/orientation of the State staff.

6. Connectivity services provided, activities and approximate timelines required for

Transition-Out.

7. Knowledge transfer, to include:

a) A working knowledge of the current system environments.

b) Review with the State the procedures and practices that support the business process and current system environments.

c) Working knowledge of all technical and functional matters associated with the solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

8. Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

9. Any risk factors with the timing and the Transition-Out schedule and transition process.

The Contractor shall document any risk factors and suggested solutions.

The Contractor shall ensure all documentation and data including, but not limited to, System

Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

The Contractor shall provide copies of any current daily and weekly back-ups to the State or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the

Contract.

Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in Section 3.2.5.

3.2.5 Return and Maintenance of State Data

IFB for Maryland Department of Labor Page 6 of 70

a) Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the

State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all

State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all

State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

b) During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

c) In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

3.3 Invoicing

3.3.1 General

a) The Contractor shall send OR e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and LOBOR Accounts Payable Division at e-mail address:

dllr.accountspayable@maryland.gov.

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

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. State assigned Contract number;

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

9. Goods or services provided;

10. Amount due; and mailto:dllr.accountspayable@maryland.gov

IFB for Maryland Department of Labor Page 7 of 70

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

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.

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

Any action on the part of the State 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.

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.

3.3.2 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 pricing (see Attachment B –Bid Form) those items shall be billed in the month following the acceptance of the work by the State.

b) For items of work for which there is annual pricing, see Attachment B–Bid Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

3.3.3 For the purposes of the Contract, an amount will not be deemed due and payable if:

a) The amount invoiced is inconsistent with the Contract;

b) The proper invoice has not been received by the party or office specified in the Contract;

c) The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

d) The item or services have not been accepted;

e) The quantity of items delivered is less than the quantity ordered;

f) The items or services do not meet the quality requirements of the Contract;

g) If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

h) If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

i) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the

Contract and compliance with its provisions.

IFB for Maryland Department of Labor Page 8 of 70

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.5 Disaster Recovery and Data

The following requirements apply to the Contract:

3.5.1 Redundancy, Data Backup and Disaster Recovery

a) Unless specified otherwise in the IFB, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the

Contractor’s obligations under this provision.

b) The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the

Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1. The Contractor shall furnish a DR site.

2. The DR site shall be at least 100 miles from the primary operations site, and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

c) The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

d) The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service.

Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing.

e) Such contingency and DR plans shall be available for the State to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

3.5.2 Data Export/Import

a) The Contractor shall, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

1. perform a full or partial import/export of State data within 24 hours of a request; or

2. provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

IFB for Maryland Department of Labor Page 9 of 70

b) Any import or export shall be in a secure format per the Security Requirements.

3.5.3 Data Ownership and Access

a) Data, databases and derived data products created, collected, manipulated, or directly purchased as part of a IFB are the property of the State. The purchasing State agency is considered the custodian of the data and shall determine the use, access, distribution and other conditions based on appropriate State statutes and regulations.

Public jurisdiction user accounts and public jurisdiction data shall not be accessed, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of the Contract, including as necessary to perform the services hereunder or (4) at the

State’s written request.

The Contractor shall limit access to and possession of State data to only Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

At no time shall any data or processes – that either belong to or are intended for the use of the State or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the State.

The Contractor shall not use any information collected in connection with the services furnished under the

Contract for any purpose other than fulfilling such services.

3.5.4 Provisions in Sections 3.5.1 – 3.5.3 shall survive expiration or termination of the Contract.

Additionally, the Contractor shall flow down the provisions of Sections 3.5.1-3.5.3 (or the substance thereof) in all subcontracts.

3.6 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:

3.6.1 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 State of Maryland and the State should be added as a “loss payee.”

d) Cyber Security / Data Breach Insurance – (For any service offering hosted by the Contractor) ten million dollars ($10,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

e) 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

IFB for Maryland Department of Labor Page 10 of 70 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.

f) 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 State where the vehicle(s) is registered, but in no case less than those required by the State of

Maryland.

3.6.2 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.

3.6.3 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.

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

3.6.5 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.

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

3.7 Security Requirements

The following requirements are applicable to the Contract:

3.7.1 Employee Identification

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

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

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

d) The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

3.7.2 Security Clearance / Criminal Background Check

IFB for Maryland Department of Labor Page 11 of 70

a) The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS)

State and federal criminal background check, including fingerprinting, for all Contractor

Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

b) The Contractor shall provide certification to the State that the Contractor has completed the required criminal background check described in this IFB for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

c) At a minimum, these background checks must include all convictions and probation before judgment (PBJ) dispositions. The Contractor may not assign an individual whose background check reflects any criminal activity to work under this Contract unless prior written approval is obtained from the Contract Monitor.

3.7.3 On-Site Security Requirement(s)

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.7.4 Information Technology

(a) Contractors shall comply with and adhere to the State IT Security Policy and Standards.

These policies may be revised from time to time and the Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy.

(b) The Contractor shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the

State to connect Contractor-owned equipment to a State LAN/WAN.

3.7.5 Data Protection and Controls

This solicitation does not require data protection and control.

3.7.6 Security Logs and Reports Access

This section is not applicable

3.7.7 Security Plan

This solicitation does not require security plan

3.7.8 PCI Compliance

This section is not applicable

3.7.9 Security Incident Response

A. The Contractor shall notify the State in accordance with Section 3.7.9A-D when any

Contractor system that may access, process, or store State data or State systems experiences a

Security Incident or a Data Breach as follows:

1) notify the State within twenty-four (24) hours of the discovery of a Security

Incident by providing notice via written or electronic correspondence to the

Contract Monitor, State chief information officer and State chief information security officer;

http://www.doit.maryland.gov/

IFB for Maryland Department of Labor Page 12 of 70

2) notify the State within two (2) hours if there is a threat to Contractor’s solution as it pertains to the use, disclosure, and security of State data; and

3) provide written notice to the State within one (1) Business Day after Contractor’s discovery of unauthorized use or disclosure of State data and thereafter all information the State (or State) requests concerning such unauthorized use or disclosure.

B. Contractor’s notice shall identify:

1) the nature of the unauthorized use or disclosure;

2) the State data used or disclosed,

3) who made the unauthorized use or received the unauthorized disclosure;

4) what the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; and

5) what corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure.

6) The Contractor shall provide such other information, including a written report, as reasonably requested by the State.

C. The Contractor may need to communicate with outside parties regarding a Security Incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the Contract. Discussing

Security Incidents with the State should be handled on an urgent as-needed basis, as part of

Contractor communication and mitigation processes as mutually agreed upon, defined by law or contained in the Contract.

D. The Contractor shall comply with all applicable laws that require the notification of individuals in the event of unauthorized release of State data or other event requiring notification, and, where notification is required, assume responsibility for informing all such individuals in accordance with applicable law and to indemnify and hold harmless the State

(or LABOR) and its officials and employees from and against any claims, damages, and actions related to the event requiring notification.

3.7.10 Data Breach Responsibilities

This section is not applicable

3.8 Problem Escalation Procedure

3.8.1 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 State within appropriate timeframes.

3.8.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other

State personnel as directed should the Contract Monitor not be available.

3.8.3 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

IFB for Maryland Department of Labor Page 13 of 70 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 State;

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.

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

3.9 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

3.10 Minority Business Enterprise (MBE) Reports

This solicitation does not include an MBE Goal.

3.11 Veteran Small Business Enterprise (VSBE) Reports

This solicitation does not include a Veteran-Owned Small Business Enterprise goal.

3.12 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.13 Additional Clauses

RESERVED

3.13.1 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.

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

IFB for Maryland Department of Labor Page 14 of 70 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.

IFB for Maryland Department of Labor Page 15 of 70

4 Procurement Instructions

4.1 Pre-Bid Conference

4.1.1 A pre-Bid conference (Conference) will not be held for this solicitation.

4.1.2 There will be no Pre-Bid Conference/Site Visit for this solicitation.

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 (BPM026671 - Emergency

Mold Remediation at LABOR Office Building 175 Post Office Road, Waldorf, MD), and shall be submitted in writing via e-mail to the Procurement Officer: by the date and time on the

Key Information.

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 State 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 COMAR

21.05.02.

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 in COMAR 21.05.02.10, 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.

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

IFB for Maryland Department of Labor Page 16 of 70

4.5.6 Bids may not be submitted by postal mail, e-mail or facsimile. Bids will be opened/unsealed via eMMA 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

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

4.7.1.2 Bids shall be opened via eMMA, at the time, date and place designated in the IFB Key

Information Summary Sheet (near the beginning of the solicitation, after the Title Page and

Notice to Vendors). 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.

4.8 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 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.

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 (as referenced in COMAR

21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise 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

IFB for Maryland Department of Labor Page 17 of 70 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 State shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that…