BPM028263 IFB.pdf

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY

& CORRECTIONAL SERVICES

MARYLAND CORRECTIONAL ENTERPRISES (MCE)

INVITATION FOR BIDS (IFB)

LAUNDRY SERVICES & SUPPLIES

IFB NUMBER BPM028263

ISSUE DATE: 3/2/2022

NOTICE TO BIDDERS

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.

Laundry Services & Supplies

Solicitation #: BPM028263 IFB Document

IFB for Maryland Correctional Enterprises Page ii of 50

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).

Title: Laundry Services & Supplies

Solicitation No: BPM028263

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: ________________________________________________________________

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STATE OF MARYLAND

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Services & Commodities - Laundry Services & Supplies

Solicitation Number: BPM028263

IFB Issue Date: 3/2/2022

IFB Issuing Office: Maryland Correctional Enterprises (MCE or the "Department")

Procurement Officer: Michelle Baldwin

7275 Waterloo Road, Jessup, MD 20794 e-mail:

Office Phone:

Dlmce-procurement_dpscs@maryland.gov

410-540-5419

Bids are to be sent to: Maryland Correctional Enterprises, 7275 Waterloo Road, Jessup, MD

20794, Attention: Michelle Baldwin

Or

Dlmce-procurement_dpscs@maryland.gov

Or eMMA

Pre-Bid Conference: 3/24/2022 at 9:30AM Local Time, MCE Central Laundry, Central

Correctional Facility, 7301 Buttercup Rd, Sykesville, MD 21784

See Attachment A for directions and instructions.

Questions Due Date and Time 3/31/2022 at 10 AM Local Time

Bid Due (Closing) Date and

Time:

4/7/2022 at 10AM Local Time

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

4/7/2022 at 10:30 AM Local Time

Bid Opening will be held virtually. Request an invite from Michelle

Baldwin.

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: Two (2) year base period with a single One (1) year renewal option periods

Primary Place of

Performance:

1. Central Laundry, 7301 Buttercup Rd, Sykesville, MD 21784

2. ECI Laundry, 30420 Revells Neck Road, Westover, MD

21890 mailto:Dlmce-procurement_dpscs@maryland.gov mailto:Dlmce-procurement_dpscs@maryland.gov

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3. Hagerstown Laundry, 18601 Roxbury Rd, Hagerstown, MD

21746

SBR Designation: No

Federal Funding: No

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Specifications

2.3 Additional Clauses

2.4 MCE Equipment

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 & Site Visit

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

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4.10 Duration of Bids

4.11 Revisions to the IFB

4.12 Cancellations

4.13 Incurred Expenses

4.14 Protest/Disputes

4.15 Bidder Responsibilities

4.16 Acceptance of Terms and Conditions

4.17 Bid/Proposal Affidavit

4.18 Contract Affidavit

4.19 Compliance with Laws/Arrearages

4.20 Verification of Registration and Tax Payment

4.21 False Statements

4.22 Payments by Electronic Funds Transfer

4.23 Prompt Payment Policy

4.24 Electronic Procurements Authorized

4.25 MBE Participation Goal

4.26 VSBE Participation Goal

4.27 Living Wage Requirements

4.28 Federal Funding Acknowledgement

4.29 Non-Disclosure Agreement

4.30 HIPAA - Business Associate Agreement

4.31 Nonvisual Access

4.32 Mercury and Products That Contain Mercury

4.33 Location of the Performance of Services Disclosure

4.34 Department of Human Services (DHS) Hiring Agreement

4.35 Small Business Reserve (SBR) Procurement

4.36 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

5.5 Delivery

5.6 Documents Required upon Notice of Recommendation for Contract Award

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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, Terms & Conditions

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Bidder Information Sheet

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1 Minimum Qualifications

The Bidder must provide evidence of having satisfactorily performed work of this nature and meet all qualifications listed below.

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 a minimum of 20 years of direct laundry industry experience, with no less than 10 years of directly working with batch washer/tunnel systems. This means that the

Bidder, not the subcontractor, must possess the required direct experience.

1.1.1.1 The Bidder is to provide evident of having satisfactorily performed this nature of work for correctional industries. The following shall be included in the Bidder’s response:

1.1.1.1.1 A list of previous similar projects spanning a three (3) year period,

1.1.1.1.2 The types of facilities and the equipment services, and

1.1.1.1.3 A contact person including phone number and/or email address.

1.1.2 The Bidder shall maintain Commercial General Liability Insurance to cover losses resulting from or arising from Contractor’s performance of this contract by the Contractor, its agents, servants, employees and or subcontractors with a limit of $1,000,000 per occurrence and

$2,000.000 aggregate.

1.1.3 The Bidder must meet all Construction Site Safety Requirements by the State of Maryland.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Correctional Enterprises (MCE or the "Department") 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 Maryland Correctional Enterprises:

Maryland Correctional Enterprises (MCE) is seeking a qualified Contractor to provide supplies and services to:

2.1.1.1 Central Laundry Facility, 7301 Buttercup Rd, Sykesville, MD 21784,

2.1.1.2 Eastern Laundry, Eastern Correctional Institution, 30420 Revells Neck Rd, Westover, MD

21890 and

2.1.1.3 Hagerstown Laundry, Maryland Correctional Institution-Hagerstown, 18601 Roxbury Rd, Hagerstown, MD 21746.

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 Department intends to make a single award. 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.

2.1.5 Maryland State and local entities as defined in Finance and Procurement §13-110(a) and nonprofit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or nonprofit entities:

Shall constitute Contracts between the Contractor and that entity;

Shall not constitute purchases by the State or State agencies under the Contract;

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.6 All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Specifications

2.2.1 Contractor Responsibilities

2.2.1.1 The Contractor must have an experienced laundry technician visit the laundry managers of each of the above facilities on a monthly basis.

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2.2.1.2 The first visit is to be made during the first week of service under the contract to instruct the contract.

2.2.1.3 The successful Bidder is responsible for supplying cups, scoops and sour indicator in plastic bottles as required to control the use of materials. Where the equipment will adapt, the

Contractor will provide automatic dispensing systems. The preferred system should be air operated diaphragm pumps for ease of maintenance and reduction of downtime due to pump to tubing failure. The Contractor shall maintain the dispensing system as well as train the facility personnel on the proper use. At the end of the contract, the dispensing system will remain the property of the Contractor, unless the removal will cause the equipment to be damaged. In such a case, the equipment will become the property of the State.

2.2.1.4 Services to be provided shall include:

2.2.1.4.1 Develop and recommend wash formulas

2.2.1.4.2 Program formulas into the equipment via computer

2.2.1.4.3 Cutting of supply charts for chart style automatic controls

2.2.1.4.4 Tirations of three (3) to four (4) loads on each visit to determine actual formula times by step, supplies used, water temperature, titration of each step in formula, pH of suds, bleach, and sour period.

2.2.1.4.5 Perform the following on a monthly basis:

2.2.1.4.5.1 Titrate and make recommendations on adding chelating agents for calcium and magnesium in the water,

2.2.1.4.5.2 Titrate and make recommendations for the chemical dosing for the formulas used in the tunnel washer,

2.2.1.4.5.3 Titrate and make recommending for the alkalinity to maintain a final pH of 5.0 to 7.0 and supply a report of what is happening in the wash wheel,

2.2.1.4.5.4 Perform efficient programming of the tunnel washer. This is to include the utilization of the water reuse options, the wash and rinse zone water flows, a delay programmed so that antichlor and sour enter the wash wheel separately, eliminate a low water alarm in module

13 on every transfer, and water allocation to be programmed properly.

2.2.1.4.5.5 Install a dispensing system that will provide production information to assist in managing the washroom more effectively, tracking number of loads processed on each classification and run production reports in order to accurately track chemical costs.

2.2.1.4.5.6 COVID-19 Update: DPSCS masking and social distancing requirements are still in effect.

Effective 2/15/2022, DPSCS requires that all visitors be fully vaccinated and up to date with all recommended booster vaccinations.

2.2.2 Chemicals

2.2.2.1 Quotations are to be based on standard container size used (15 and 55-gallon drums) be manufacturer. Please specify on bid if different that listed.

2.2.2.2 Multi-wall moisture bags of sufficient durability for safe delivery area to be used. Each bag is to be clearly labels to show contents by manufacturer’s name, brand and net contents in pounds.

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2.2.2.3 All items are to be delivered on returnable skids.

2.2.2.4 Each shipment is to include a factory certification as to compliance of contents being manufactured to specifications. Please refer to Specifications.

2.2.2.5 “The product supplied cannot contain more than 0.0 percent phosphorous by weight expressed as elemental phosphorus except for an amount not exceeding .5 percent phosphorus that is incidental to manufacturing.”

2.2.2.6 The vendor must provide current Safety Data Sheets.

2.2.2.7 Any deviation from specifications (either written or implied by reference to brand) indicated herein must be clearly detailed in writing on or attached to the bid; otherwise, it will be considered that items offered are in strict compliance with these specifications and successful bidder will be held responsible. Reference to attached literature is not acceptable. Vendors offering items claimed as equal, but which are not, will be required to furnish an acceptable product at a cost no higher than their quoted price.

2.2.2.8 A safety Data Sheet must be provided for each item with each shipment in accordance with

State law, Code of Maryland Regulations, COMAR 09.12.33.

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2.2.2.8.1 Liquids

2.2.2.8.1.1 Detergent – Blended synthetic surfactants with low water temperature and oily based soil emulsifying agents; must have adequate wetting and penetration properties.

2.2.2.8.1.2 Alkali – Alkali builder with minimum 20% active alkalinity as NA2O.

2.2.2.8.1.3 Builder – Sodium hypochlorite bleaching agent; minimum 12.5% active available chlorine by weight.

2.2.2.8.1.4 Non-Chlorine Bleach – Hydrogen peroxide bleaching agent; minimum 28-30% active hydrogen peroxide

2.2.2.8.1.5 Anti-Chlorine Agent – Sodium Thiosulfate based chlorine neutralizing additive.

2.2.2.8.1.6 Laundry Sour – Neutralizing agent based on either phosphoric or citric acid; used to adjust final rinse pH to 6.0-7.0, at no more than 2 ounces per 100 pounds of processed linen.

2.2.2.8.1.7 Consolidated Sour/Anti-Chlorine Agent – Shall contain the properties of the above anti-chlorine agent and sour but in a consolidated product to reduce needed storage space and inventory.

2.2.2.8.1.8 Fabric Softener – Fabric softener capable of providing softness, flexibility, lubricity and anti-static properties to the process linen.

2.2.2.8.1.9 Water Conditions – Injectable water softener/conditioning agent with soil suspension and iron controlling additives. Must be able to remove and continually prevent build-up of calcium magnesium.

2.2.2.8.1.10 Emulsifier/Spotter – Specialized cleaning agent used for heavily soiled kitchen and dietary linens and clothing; needs to be able to remove oil, grease and protein based soil typically found in food service applications.

2.2.2.8.1.11 Neutral Detergent – Mild neutral pH detergent utilized for washing lightly soiled and delicate items that do not require or would be damaged by an alkali or heavy-duty detergent;

powdered or congealed versions of this detergent are acceptable.

2.2.2.8.2 Greener Chemistry Liquids

All greener chemistry liquids must be commercial grade, concentrated items, suitable for institutional or commercial laundry applications. They must also be certified by the US EPA’s Design for the

Environment Division (DfE). These chemicals are classified as preferred items for safer chemistry, are biodegradable, phosphate, and NPE/APE/mutagen free.

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2.2.2.8.2.1 Concentrated Laundry Detergent

2.2.2.8.2.2 Concentrated Alkaline Laundry Builder

2.2.2.8.2.3 Neutralizing Sour

2.2.2.8.2.4 Fabric Softener

2.2.2.8.3 Powders

2.2.2.8.3.1 Built Detergent – Anhydrous sodium orthosilicate 12.5% +/- 1%; Anhydrous sodium metasilicate 30% +/- 1%; Soda ash 37.9% max; Zeolite 5.25% +/- 0.05%; Soluble sodium salts 4.75% +/- 0.5%; Sulfonates – anionic surfactants 3.25% +/- 0.5%; Absorbent clay 2.0%

+/- 0.5%; Carboxy methyl cellulose 1.0% minimum; Fluorescent brighteners .10% minimum; Dispersing agent 0.3% minimum; Suitable equivalent is acceptable.

2.2.2.8.3.2 Dry Organic Bleach – Must contain only organic chlorine agents with no sodium calcium;

must be able to regenerate suds even in un-softened water. Minimum available chlorine content 15.0-16.0%; Anhydrous methasilicated content 0-5%; Refined white oils present, insoluble inert materials-none. Suitable equivalent is acceptable.

2.2.2.8.3.3 Alkali Builder – Basis anhydrous sodium orthosilicate to meet minimum Federal specifications. Suitable equivalent is acceptable.

2.2.2.8.3.4 Soluble Sour – Minimum ammonium silicofloride content 98%. Suitable equivalent is acceptable.

2.2.2.8.3.5 Fabric Softener – Minimum quaternary ammonium softening agents 20%. Suitable equivalent is acceptable.

2.3 Additional Clauses

2.3.1 All products listed must be dust-free, anti-caking and soluble in all supply containers at the facilities listed.

2.3.2 Anything packaged in 5 gallon or similar pails must have the metal handles removed prior to shipping.

2.3.3 Bid prices shall be fully loaded meaning they should include all shipping and freight charges.

2.3.4 Bids requiring a minimum order will not be considered.

2.3.5 All products used in packing to cushion and protect during the shipment of commodities are to be made of recycled, recyclable and/or biodegradable materials.

2.3.6 The Contractor warrants that the Contractor shall comply with COMAR 21.11.08 Drug and

Alcohol-Free Workplace, and that the contractor shall remain in compliance throughout the entire contract period.

2.4 MCE Equipment

The following is a list of the equipment of each of MCE’s facilities:

2.4.1 Central Laundry Correctional Facility – MCE Laundry Plant 133

ITEM NUMBER QUANTITY DESCRIPTION MANUFACTURER MODEL NUMBER

1 1 Pocket Loading Conveyor Washex 4PAL-60

2 1 Continuous Batch Washer Washex LT60X14-CT

3 1 Water Extraction Press Washex LP-572

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4 1 Shuttle Conveyor Washex CSC-21

5 5 Batch Dryers Washex CPG-II-CB

5a 5 Dryer Lint Collectors Washex Universal 5

6 2 Convention Dryers Washex CPR-400

7 1 Conventional Dryer IPSO T-120

8a 1 Washer Extractor IPSO IPH140H

8b 1 Washer Extractor Washex FVS1200

8c 1 Washer Extractor Washex FLPS2250

9 2 Flatwork Ironer Jensen EX 10-2

10 2 Sheet Folder Washex B-400

11 1 Small Piece Folder Jensen Jet

12 1 Blanket Folder Washex Blanket

13 1 Lint Collector Energenics FRP-15

14 1 Sheet Feeder Washex Masterfeed

15 1 Cart Washer Energenics Kart Washer

16 2 Air Compressor System Cuttis R/S 20

17 1 Steam Tunnel Leonard Automaics IM96G

18 1 Floor Scale (4’x4’) Cardinal FH144-II

19 2 Computer Control Washex Provit 5000

20 2 Eye Wash Stations Guardian Equip G1920BC

21 1 Soiled Sort System Custom Custom

21a 1 Metal Detector Washex Provit 5000

2.4.2 Eastern Correctional Institution – MCE Eastern Laundry Plant 107

ITEM NUMBER QUANTITY DESCRIPTION MANUFACTURER MODEL NUMBER

1 1 WASHER EXTRACTOR BRAUN 300 Neutron O/P

2 1 WASHER EXTRACTOR BRAUN 100 Neutron O/P

3 1 WASHER EXTRACTOR IPSO IPO60PHX

4 1 WASHER EXTRACTOR B&C TECHNOLOGIES HP65

2.4.3 Maryland Correctional Institution – Hagerstown – MCE Hagerstown Laundry Plant 131 (Dry

Powders Only)

ITEM NUMBER QUANTITY DESCRIPTION MANUFACTURER MODEL NUMBER

1 1 WASHER

EXTRACTOR

BRAUN 200-NEDP

2 1 WASHER

EXTRACTOR

BRAUN 400-NELP

3 1 WASHER

EXTRACTOR

BRAUN 600-NEDP

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.2 End of Contract Transition

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.3 Invoicing

3.3.1 General

a) The Contractor shall send OR e-mail (dlmceap_dpscs@maryland.gov) the original of each invoice to Maryland Correctional Enterprises Accounts Payable Department at 7275 Waterloo

Road, Jessup, MD 20794.

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

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 Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department 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 Department, 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:dlmceap_dpscs@maryland.gov

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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 Deliverable Invoicing [[Remove if payment is not by deliverable. Adjust as appropriate.]]

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

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.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

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

THIS SECTION IS INAPPLICABLE TO THIS IFB.

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:

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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 Department should be added as a “loss payee.”

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

3.6.3 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.

3.7 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

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

3.7.3 On-Site Security Requirement(s)

a) For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

2) Some State sites, especially those premises of the Department of Public Safety and

Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as

IFB for Maryland Correctional Enterprises Page 11 of 50 present the tools or equipment for inspection. Before leaving the site, the Contractor

Personnel will again present the inventory list and the tools or equipment for inspection.

Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

b) Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the

Department may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the Department.

c) Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the

Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

3.7.4 Information Technology

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.8 Problem Escalation Procedure

THIS SECTION IS INAPPLICABLE TO THIS IFB.

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 SECTION IS INAPPLICABLE TO THIS IFB.

3.11 Veteran Small Business Enterprise (VSBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.12 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.13 Additional Clauses

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 extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for Maryland Correctional Enterprises Page 12 of 50 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.

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4 Procurement Instructions

4.1 Pre-Bid Conference & Site Visit

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 Attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.1.7 In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form (Attachment A) no later than the time and date indicated on the form. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five

(5) Business Days prior to the Conference date. The Department will make a reasonable effort to provide such special accommodation.

4.1.8 Seating at the Conference will be limited to two (2) attendees per vendor.

4.1.9 Registration must be completed by 2:00 PM <<registration deadline>>.

4.1.10 No additional or follow-up visits will be scheduled.

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 (BPM028263 - Laundry

Services & Supplies), and shall be submitted in writing via e-mail to the Procurement Officer at least seven (7) days prior to the Bid due date and no later than the date and time specified the

Key Information Summary Sheet. The Procurement Officer, based on the availability of time to https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

IFB for Maryland Correctional Enterprises Page 14 of 50 research and communicate an answer, shall decide whether an answer can be given before the

Bid due date.

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 Department 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.

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

4.7.2 Bids shall be opened publicly, 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.

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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 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.

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.10 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.

4.11 Revisions to the IFB

4.11.1 If the IFB is revised before the due date for Bids, the Department 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.

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

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4.11.3 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.

4.12 Cancellations

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

4.12.2 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR

21.01.03.01.A(4).

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

Procurement Art., § 3-207(b)(2).

4.13 Incurred Expenses

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

4.14 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).

4.15 Bidder Responsibilities

4.15.1 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.

4.15.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this IFB (see Section 4.26 “MBE Participation Goal” and Section 4.27 “VSBE Goal”).

4.15.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g.

insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization 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.

4.15.4 A parental guarantee of the performance of the Bidder under this Section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the

Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

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4.16 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.

4.17 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 C of this IFB.

4.18 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 N 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.

4.19 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.

4.20 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of

Assessments and Taxation (SDAT). SDAT is located at 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.

4.21 False Statements

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

4.21.1 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.

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

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4.21.3 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.

4.22 Payments by Electronic Funds Transfer

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

4.22.1 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.

4.22.2 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/GA

DX10Form20150615.pdf.

4.23 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State

Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR

21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Attachment M).