BPM028835_BCCC Duct Vent Cleaning SMALL PROCUREMENT.pdf

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STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY

CORRECTIONAL SERVICES

INVITATION FOR BIDS

FOR

Baltimore City Correctional Center (BCCC) Duct Vent Cleaning

BPM028835

ISSUE DATE: 4/26/2022

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 State of Maryland Small Business Reserve Program are eligible for award of a contract.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED

TO RESPOND TO THIS SOLICITATION

SP 07.2017

NOTICE TO VENDORS

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email or fax this completed form to the attention of the Procurement Officer (see Key

Information Sheet below for contact information).

Title: Baltimore City Correctional Center (BCCC) Duct Vent Cleaning

Solicitation No: BPM028835

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 of Maryland is simply too complicated. (Explain in REMARKS section.)

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

( ) Time allotted for completion of the Bid/Proposal is insufficient.

( ) Start-up time is insufficient.

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

( ) Bid/Proposal 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

DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES

IFB KEY INFORMATION SUMMARY SHEET

Invitation For Bid:

Baltimore City Correctional Center

(BCCC) Duct Vent Cleaning

IFB Issue Date:

April 26, 2022

Solicitation No.:

Issuing Office: Department of Public Safety &

Correctional Services

Procurement Officer:

Adam Pietrocarlo

410-336-5803 adame.pietrocarlo1@maryland.gov

Contract Monitor John Green Jr

Johnd.green@maryland.gov

M: 443-957-0005

Pre-Bid Conference: May 2, 2022 @ 1:00 PM est. via Google

Meet.

Meeting ID meet.google.com/rci-mief-xdq Phone Numbers

(US)+1 617-675-4444

PIN: 770 727 020 3320#

In-person Site visit May 2, 2022 @ 10:00 AM

Location: Baltimore City Correctional

Center, 901 Greenmount Ave, Baltimore, MD 21202. Contact the above Contract Monitor to RSVP.

Bid Submittal:

Bid Due Date and Time:

Via eMaryland Marketplace

Advantage (eMMA)

May 6, 2022, 3:00 PM est.

Delivery Address:

All bids are to be submitted electronically through eMMA under solicitation no.:

SBR Designated: Yes

ALL INQUIRIES PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED TO

THE PROCUREMENT OFFICER IDENTIFIED ABOVE.

mailto:adame.pietrocarlo1@maryland.gov mailto:Johnd.green@maryland.gov https://meet.google.com/rci-mief-xdq?hs=122&authuser=0 tel:%E2%80%AA+1%20617-675-4444%E2%80%AC

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve procurement for which award is limited to certified small business vendors. Only businesses that meet the requirements set forth in State Finance and Procurement

Article, §§14-501 - 14-505, Annotated Code of Maryland, and who are registered with the Department of General Services Small Business Reserve Program are eligible for award. For the purposes of a

Small Business Reserve procurement, a small business is a for profit business, other than a broker, that meets the following criteria:

• Independently owned and operated.

• Not a subsidiary of another business.

• Not dominant in its field of operation.

AND

• Its wholesale operations did not employ more than 50 persons.

• Its retail operations did not employ more than 25 persons.

• Its manufacturing operations did not employ more than 100 persons.

• Its service operations did not employ more than 100 persons.

• Its construction operations did not employ more than 50 persons.

• The architectural and engineering services of the business did not employ more than 100 persons.

OR

• The gross sales of the wholesale operations of the business did not exceed an average of

$4,000,000 in its most recently completed three fiscal years.

• The gross sales of the retail operations of the business did not exceed an average of

$3,000,000 in its most recently completed three fiscal years.

• The gross sales of the manufacturing operations of the business did not exceed an average of $2,000,000 in its most recently completed three fiscal years.

• The gross sales of the service operations of the business did not exceed an average of

$10,000,000 in its most recently completed three fiscal years.

• The gross sales of the construction operations of the business did not exceed an average of

$7,000,000 in its most recently completed three fiscal years.

• The gross sales of the architectural and engineering services of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.

If a business has not existed for three years, the employment and gross sales average(s) is the average for each year or part of a year during which the business has been in existence.

Further information on the certification process is available at eMaryland Marketplace Advantage https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomep age https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

SECTION 1 - SPECIFICATIONS

1.1 OBJECTIVE

The Maryland Department of Public Safety and Correctional Services (DPSCS or Department) is soliciting bids to procure the following:

Duct Vent Cleaning at Baltimore City Correctional Center, 901 Greenmount Ave, Baltimore, MD

21202

The contractor shall furnish all labor, material, tools, equipment, supervision, permits, Insurance, etc, necessary to provide a cleaning service to clean existing ducts and vents inside the

Baltimore City Correctional Center.

1.2 TERM OF CONTRACT

Contract shall be completed within 30 days from award.

1.3 BASIS OF AWARD

This procurement is being conducted under Small Procurement Regulations as set forth in Code of

Maryland Regulations (COMAR) 21.05.07. The basis of award shall be the most favorable bid price.

In the event of tie bids, the provisions of COMAR 21.05.02.14 shall determine the successful bidder.

1.4 BID SUBMITTAL INFORMATION

All bids, affidavits, and/or responses to attachments shall be submitted through eMaryland

Marketplace Advantage (eMMA) under the eMMA solicitation number listed on the Key Information

Sheet. Bids shall be uploaded into eMMA by the due date and time for consideration.

Multiple or alternate bids will not be acceptable unless otherwise stated in the solicitation documents.

1.5 eMaryland Marketplace Advantage

Each Bidder is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number on the bid form at the time of its submission to this IFB.

In order to submit a bid and / or to receive a contract award, a vendor must be registered on eMMA.

Registration is free. Go to https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomep age , click on “Register” to begin the process, and then follow the prompts.

1.6 MINIMUM QUALIFICATIONS

1.6.1 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:

1.6.2 The Bidder shall have three (3) years of experience providing the comparable type, size and complexity of services described in this solicitation for each reference.

1.6.3 Bidder shall be licensed and insured in the State of Maryland

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid, (Attachment F), at least three (3) and no more than five (5) references of companies or organizations for which the bidder provided services of the type, size, length of service and complexity comparable to those specified in the solicitation. The references must have been for services provided within the past five (5) consecutive years.

Each reference shall include the following:

1. Name of contact person and working telephone number;

2. Name of facility and address of reference;

3. Term of contract/service;

4. Size (square footage) and type of facility;

5. Type of services provided;

6. Number of workers and positions of service;

7. Letters of testament, experience of officials (optional).

1.7 SCOPE OF WORK / DETAILED SPECIFICATIONS

1.7.1 The DPSCS’s Baltimore City Correctional Center is requesting the following:

The contractor shall furnish all labor, material, tools, equipment, supervision, permits, Insurance, etc. necessary to provide cleaning service to clean existing ducts and vents inside the

Baltimore City Correctional Center

A. Contractor is to use H.E.P.A. portable vacuums at all times.

B. The contractor is to clean approximately 256 supply and return vents in the following locations:

C. BCCC North Wing A, B, C & D cells total number of cells 128

D. BCCC South Wing A, B, C & D cells total number of cells 128

E. Contractor is to lock out/tag out exhaust fans while working on equipment in housing units.

F. Contractor is to use proper protective covering while clearing the supply & return vents in housing units.

G. Contractor is to vacuum or hand wash all existing registers, vents, grills and diffusers as needed in housing units.

H. The contractor shall at all times keep the construction area including storage areas used by them free of accumulation of waste material or rubbish and prior to completion of the work remove any rubbish from the premises and all tools, scaffolding, equipment and materials not the property of the State of Maryland. Upon completion of the construction the contractor shall leave the work area and premises in a clean, neat and workmanship condition, satisfactory to the Maintenance Supervisor or his designee.

NOTE: if Contractor sees any additional repair needed, Contractor shall SUBMIT in writing, additional repairs needed to the maintenance manager (John Green) via email.

1.7.2 Regulations and Code Requirements

All work shall conform to the requirements of the latest editions of the following codes and regulations: Plumbing Code, Basic National Building Code (BOCA), National Fire Protection

Association, and National Electrical Code

In addition, all work shall be in accordance with requirements of all local codes and regulations of authorities having jurisdiction over this work.

Before any work shall begin the contractor shall confer with the Maintenance Supervisor at

Metropolitan Transition Center (MTC) and agree on times, sequence of procedure, means of access to the premises, space for storage for material and equipment, use of approaches and use of institution.

If the agency cannot reach the contractor prior to scheduled service the contractor will be reimbursed for a maximum of one hour labor only.

1.7.3 Asbestos

If at any time during the performance of work required by our state contract, the contractor finds or has reason to suspect the presence of asbestos in any work area, the contractor shall immediately notify the maintenance supervisor in writing setting forth their observations/suspicions and request instructions. At the same time the contractor shall withdraw all personnel from the potentially contaminated area.

1.7.4 Work Hours:

Working hours are between 8:00am and 3:00pm. Working past 3:00pm will need approval before any overtime is used.

Due to the nature of the service provided by the agency even though a service may be pre-scheduled there may be occasion when the vendor will not be allowed into the institution due to an unforeseen security problem. The agency will attempt to notify the contractor prior to their arrival of the problem, however if the agency cannot reach the contractor prior to the scheduled service the contractor will be reimbursed for a maximum of one hour labor only.

1.7.5 Site Visit: A site visit will be scheduled according to the time posted in the key information summary sheet. All vendors will report to the Baltimore City Corrections Center, 901

Greenmount Ave, Baltimore MD 21202.

The Contractor acknowledges that it has inspected the project site; that it has made itself knowledgeable with respect to those factors which may influence its conduct of the work; that it has verified all dimensions and accepts them as reasonable and just; and that it is prepared to deliver a job complete in every detail without extra costs to the Owner beyond those specifically permitted in the contract.

In order to attend the site visit, all bidders must notify the procurement officer by - by close of business day. All bidders must provide proof of COVID-19 vaccination or negative COVID-19 test result within the past five days prior to the site visit. This must be brought to the site visit.

1.7.6 Site Security:

Designated facilities that are part of Department of Public Safety and Correctional Services are locked facilitates and as such they have strict security guidelines. The Contractor shall obtain a complete set of security guidelines from the Security Chief of the facility or from there designee, and shall comply with them to the letter. Failure to comply may be grounds for termination of the Contract for default. The Security Chief or their designee reserves the right to modify security procedures at any time and without provision of prior notice. Particularly to be noted are the following:

All persons entering or leaving the facility shall be subject to security procedures. This includes all workers and staff of the Contractor and Subcontractor(s), including those workers and staff of Contractor and Subcontractor(s) who will be on site for one day or less. The contractor shall allow time for compliance with these procedures when formulating his/her work schedule.

All workers and staff of the contractor and Subcontractor(s) shall have an identification badge / wrist band issued by the facility before they are permitted to work in the facility. The badge/wrist band shall be wore at all times and shown to security officials each time an individual enters or leaves facility. Individuals without the proper identification badge or I.D. will not be granted admission into the facility. Individuals without the proper identification badge will not be granted admission into the facility. The Owner shall bear no responsibly for delay claims due to an inadequate work force.

All workers and staff of the Contractor and Subcontractor(s) who will be working within the facility shall be subject to a security background check. The Contractor shall submit a list of all workers and staff of the contractor and subcontractor(s) who will be working within the facility to the Maintenance Manager or their designee, who will than turn over to Security Chief for approval. Contractors will along least two (2) weeks to submit paper work before work initiation.

Base on the security background check, the facility may prohibit any individual person from working on the project.

All workers and staff of the contractor and subcontractor(s) who will be working within the facility shall provide identification to the Security Chief/Maintenance Manager for the security background check. Each person shall provide at least one identification document that has a photo

ID picture. Acceptable identification consists of, but is not limited to the following; Driver’s

License, Social Security card, immigrant worker identification card, military identification card, or passport.

Lost identification badges/wrist bands shall be reported immediately in writing to the Security

Chief / Maintenance Manager. Replacement of identification badge will be at Contractor’s expense and Owner’s convenience.

All worker identification badges/wrist bands are property of the facility and shall be returned by the Contractor to the facility at the end of the day or project.

The possession and or use of alcohol, drugs, tobacco (in any form whatsoever) is strictly forbidden.

No weapons will be allowed on site.

Papers, telephone, cameras, or tape may be used by permission only, but shall be secured and locked safety away when not in use.

Glass containers shall not be used nor brought on job site.

The Contractor and all workers and staff of the Contractor and Subcontractor(s) shall NOT have any contact with inmates within the facility.

Under no circumstances shall any items be transmitted to inmates or left where inmates could gain possession. Particularly to be noted are the following items:

• Drugs

• Money ($50.00 Dollars or less)

• Notes

• Any item that could be used as a weapon

• Cigarettes and any other tobacco products

• Matches, lighters and similar devices

All persons entering the facility shall follow the dress code established by the Security Chief of the facility.

The Contractor shall advise employees to leave as much personal property outside the facility.

All equipment, material and supplies shall be stored in the area and in a manner designated by the Security Chief or their designee. Each supply / equipment gang box shall be secured and inventoried daily at the beginning and end of shift. Copies of the inventory list shall be generated in triplicate with one copy going to Security Chief or their designee, one copy to remain in gang box and one copy for the Contractor use.

All tools and equipment shall be labeled according to directives given by the Security Chief or their designee at Pre Constructing Meeting. The Contractor shall keep track of all tools, equipment, and supplies especially those items that the facility classifies as Class A sharp, per security policies and procedures. Items include but not limited to razors, Knives, scrapers screwdrivers chisels, etc. All damaged and disposable items may only be discarded after the end of shift inventory has been completed. These damaged or disposable items are to be taken out of facility for disposal.

All extension cords, ropes, cords, or wires brought onto the job site shall be individually marked and inventoried daily according to their identification markings, their length, and color of their insulations or coating.

No sprays glue, flammable aerosol sprays, or other flammable products are to be brought onto job site without the expressed written permission of the Security Chief or their Designee

Vehicles may be brought into the facility only if approved by the Security Chief or their designee.

Vehicles shall be kept locked and secured at all times, except when actually in use. The use of disabling device (such as the club 7) to prevent theft or unauthorized use of vehicle is mandatory.

1.7.7 Warranty:

Contractor shall warranty any supplies installed as per the manufacture warranty, new installation shall be under warranty for one (1) year of installation.

1.7.8 This is a “firm fixed price contract” meaning a fixed price Contract that provide a price that is not subject to adjustment because of variations in the Contractor’s cost.

1.7.9 Contract will remain in effect for the time period and quantity specified unless the Contract is terminated by the State as set forth in Section 2.8 through 2.10.

1.8 INVOICING AND PAYMENTS

All invoices for services shall be signed by the Contractor and submitted to the Contract Monitor.

All invoices shall include the following information:

• Contractor name;

• Remittance address;

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number);

• Invoice period;

• Invoice date;

• Invoice number

• State assigned Contract number;

• State assigned (Blanket) Purchase Order number(s);

• Services provided; and

• Amount due.

Invoices submitted without the required information cannot be processed for payment until the

Contractor provides the required information.

(b) 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 in the event that the Contractor otherwise materially 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 21.10.02.

All invoices are to be submitted to the following email address or address:

crfo.accountspayable@maryland.gov

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

Invoice shall be submitted to the Contract Monitor for verification and approval following the completion of service.

1.9 NO BID NOTICE

The Department is committed to providing solicitations that are readily and easily responded to. If you choose not to respond to this solicitation, please fill out the form provided in this solicitation and email it to the Procurement Officer indicated in the key information sheet. We will review your responses and suggestions.

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK

mailto:crfo.accountspayable@maryland.gov

SECTION 2 – MANDATORY TERMS AND CONDITIONS

2.1 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and amendments thereto will be made a part of the final contract which will be in the form of a blanket purchase order (“BPO”) or purchase order (“PO”). See

Section 2.16. By submitting a bid in response to this solicitation, the Bidder, if selected for award as the Contractor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO.

2.2 TAX EXEMPTION

The Department is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland

Sales Tax and the exemption does not apply.

2.3 DELIVERY AND ACCEPTANCE

2.3.1 Delivery shall be made in accordance with the solicitation specifications. The Department, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The Department unilaterally may order in writing the suspension, delay or interruption of performance hereunder.

2.3.2 The Department reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Unless otherwise stated in the specifications, materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced.

2.3.3 The Department reserves the right to purchase replacement materials in the open market.

Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

2.3.4 If the Contractor fails to make delivery in accordance with its quoted time frame, and the

Department is required to obtain the needed goods or services on the open market, the

Contractor shall be liable for any excess costs to the Department.

2.4 INTELLECTUAL PROPERTY

Contractor agrees to indemnify and save harmless the State, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this

Contract.

2.5 MARYLAND LAW PREVAILS

The law of Maryland shall govern the interpretation and enforcement of this Contract.

2.6 CHANGES

This Contract may be amended only with the written consent of both parties. Amendments may not significantly change the scope of the Contract (including the Contract price).

2.7 DISPUTES

Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title

15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

2.8 TERMINATION FOR NON-APPROPRIATION

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

2.9 TERMINATION FOR DEFAULT

If the Contractor does not fulfill obligations under this Contract or violates any provision of this

Contract, the State may terminate the Contract by giving the Contractor written notice of termination.

Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

2.10 TERMINATION FOR CONVENIENCE

The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the

Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

2.11 NONDISCRIMINATION

The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

2.12 ITEMS OF MERCURY CONTENT

To the extent this solicitation is for products that may contain mercury, there is a price preference for products that are mercury free. The price preference shall not exceed 5 percent of the bid price for products that are mercury free or for products containing the least amount of mercury.

2.13 COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that:

2.13.1 It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

2.13.2 It is not in arrears with respect to the payment of any monies due and owing the State of

Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this

Contract;

2.13.3 It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and

2.13.4 It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

2.13.5 The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

2.14 BID AFFIDAVIT

Each bidder shall execute and attach to the bid or proposal the affidavit included with this solicitation.

2.15 BLANKET PURCHASE ORDER (BPO)/ PURCHASE ORDER AS CONTRACT

2.15.1 As used in this provision, a bid refers to a bid submitted under Small Procurement Regulations

2.15.2 As used in this provision, a bidder refers to a bidder under Small Procurement Regulations.

2.15.3 As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the Maryland Department of Public Safety & Correctional Services. .

2.15.4 The bidder’s execution and submission of a responsive bid constitutes a promise by the bidder to perform the contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period of 30 days or for such longer period as the bidder and the Department may agree.

2.15.5 Upon acceptance of a bid, the Procurement Officer may issue a Purchase Order (PO) and/ or

Blanket Purchase Order (BPO), in a form to be determined by the Department which substantially contains the terms and conditions of the solicitation. The PO/BPO constitutes the

State’s acceptance of the bid and binds the bidder to a contract. The execution and issuance of a

PO and/ or BPO by the Procurement Officer, subject to all necessary approvals, shall constitute acceptance of the bid and final award of the contract. The contract shall consist of the executed

PO and/or BPO issued by the Procurement Officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the PO and/or

BPO, the bid, or by operation of law, and the executed bid of the bidder. If the Procurement

Officer issues a PO and/ or BPO, at the option of the Procurement Officer it will not be necessary for the bidder to execute the PO and / or BPO or any other form of contract or agreement. The bidder understands and agrees that the terms and conditions of the BPO/PO may not be waived. The Procurement Officer may require that the parties both execute a single document as the embodiment of the contract between the parties.

2.15.6 In the event of a conflict between provisions of the contract documents, the controlling provisions shall be, in the following order, those of:

i. the PO and/ or BPO; then

ii. the solicitation; and then

iii. the bid.

2.16 RETURNED GOODS

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to actual unreimbursed costs incurred by the Contractor including, but not limited to, restocking charges, shipping charges, plus reasonable profit. Contractor must provide written proof of claimed compensation. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.

2.17 ANTI-BRIBERY

The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the

Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

2.18 REGISTRATION OF FOREIGN CORPORATIONS

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the annotated Code of

Maryland, corporations not incorporated in the State of Maryland shall be registered with the State

Department of Assessments and Taxation, 301 W. Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.

2.19 CONTINGENT FEE

The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employeer agency, any fee or other consideration contingent on the making of this agreement.

2.20 EPA COMPLIANCE

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

Act of 1972, where applicable.

2.21 OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.)

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

2.22 PRE-EXISTING REGULATIONS

The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this contract are applicable to this contract.

2.23 INDEMNIFICATION

The State shall not assume any obligation to indemnify, hold harmless, or pay attorney’s fees that may arise from or in any way be associated with the performance or operation of this agreement.

2.24 ADDITIONAL QUANTITIES

The State reserves the right to solicit separate bids if a particular quantity requirement arises which exceeds the State’s normal requirements as provided in the solicitation or exceeds an amount specified in this contract.

2.25 NEW MATERIALS

All items shipped pursuant to this Purchase Order shall be new, never previously used, and the current model of the item unless specifically stated otherwise in this contract.

2.26 ASSIGNMENT

This Purchase Order and the monies which may become due hereunder are not assignable except with the prior written approval of the Procurement Officer.

2.27 DRUG AND ALCOHOL FREE WORKPLACE

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 term of this

Purchase Order.

2.28 COMMERCIAL NONDISCRIMINATION POLICY

2.28.1 As a condition of entering into this Purchase Order, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under State

Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Purchase Order and may result in termination of this Purchase Order, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is no enforceable by or for the benefit of, and creates no obligation to, any third party.

2.28.2 The Contractor shall include this Section 2.30, Commercial Nondiscrimination Policy, in all subcontracts to the State contract.

2.28.3 As a condition of entering into this Purchase Order, upon the request of the Maryland

Commission on Human Relation, an only after the filing of a complaint against Contractor under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contract on each subcontract or supply contract.

Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State’s Commercial Nondiscrimination Policy as set forth under State Finance and

Procurement Article, Title 19, Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Purchase Order and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

2.29 INFORMATION TO BE SUBMITTED WITH BID

The following documents are required to be submitted online with the bid response.

a. Bid Proposal Affidavit fully signed and executed. (Attachment B);

b. References (Attachment F) (see Section 1.5);

c. Bid Form

d. Completed Insurance Certificate

e. Maryland Business License and/or other licenses as required.

f. Mercury Affidavit (Attachment C)

g. Contract Affidavit (Attachment D) fully signed and executed. (online attachment);

h. Small Business Reserve Affidavit (Attachment E)

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK

Attachment A Bid Instructions & Form

A-1 Bid Instructions

In order to assist each Bidder in the preparation of its Bid and to comply with the requirements of this solicitation, Bid Instructions and a Bid Form have been prepared. Each Bidder shall submit its Bid on the Bid

Form in accordance with the instructions on the Bid Form and as specified herein. Do not alter the Bid Form or the Bid may be determined to be not responsive. The Bid Form is to be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

The Bid Form is used to calculate the Bidder’s TOTAL BID PRICE. Follow these instructions carefully when completing your Bid Form:

A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct.

B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service identified in this IFB and may not be contingent on any other factor or condition in any manner.

C) All calculations shall be rounded to the nearest cent, e.g., .344 shall be .34 and .345 shall be .35.

D) Any goods or services required through this IFB and proposed by the vendor at No Cost to the State must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00.

E) Every blank in every Bid Form shall be filled in. Any changes or corrections made to the Bid Form by the Bidder prior to submission shall be initialed and dated.

F) Except as instructed on the Bid Form, nothing shall be entered on or attached to the Bid Form that alters or proposes conditions or contingencies on the prices. Alterations and/or conditions may render the Bid not responsive.

G) It is imperative that the prices included on the Bid Form have been entered correctly and calculated accurately by the Bidder and that the respective total prices agree with the entries on the Bid Form. Any incorrect entries or inaccurate calculations by the Bidder will be treated as provided in COMAR 21.05.02.12, and may cause the Bid to be rejected.

H) If option years are included, Bidders must submit pricing for each option year. Any option to renew will be exercised at the sole discretion of the State and comply with all terms and conditions in force at the time the option is exercised. If exercised, the option period shall be for a period identified in the IFB at the prices entered in the Bid Form.

I) All Bid prices entered below are to be fully loaded prices that include all costs/expenses associated with the provision of services as required by the IFB. The Bid price shall include, but is not limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation. No other amounts will be paid to the Contractor. If labor rates are requested, those amounts shall be fully-loaded rates; no overtime amounts will be paid.

J) Unless indicated elsewhere in the IFB, sample amounts used for calculations on the Bid Form are typically estimates for evaluation purposes only. Unless stated otherwise in the IFB, the Department does not guarantee a minimum or maximum number of units or usage in the performance of the Contract.

K) Failure to adhere to any of these instructions may result in the Bid being determined not responsive.

A-1 Bid Form

The Bid Form shall contain all price information in the format specified on these pages. Complete the Bid Form only as provided in the Bid Instructions. Do not amend, alter or leave blank any items on the Bid Form. If option years are included, Bidders must submit pricing for each option year. Failure to adhere to any of these instructions may result in the Bid being determined not responsive.

Submitted by:

Signature of Authorized Representative Date

Printed Name and Title:

Telephone:

Email address:

Bidder Company Name:

Bidder Company Address:

Location(s) from which goods/services will be provided/performed (City/State):

FEIN:

eMMA #: BPM028835

Bid amounts to be submitted electronically through eMMA.

ATTACHMENT B – BID/ PROPOSAL AFFIDAVIT

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-

Bid_Proposal-Affidavit.pdf.

http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-Bid_Proposal-Affidavit.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-Bid_Proposal-Affidavit.pdf

ATTACHMENT C MERCURY AFFIDAVIT

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-K-

MercuryAffidavit.pdf.

http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-K-MercuryAffidavit.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-K-MercuryAffidavit.pdf

Attachment D Contract Affidavit

See link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-N-

ContractAffidavit.pdf.

http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-N-ContractAffidavit.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-N-ContractAffidavit.pdf

Attachment E Small Business Contract Affidavit

********** PROVIDING FALSE INFORMATION **********

Anyone providing false information to the State of Maryland in connection with obtaining or attempting to obtain a contract under Small Business Reserve or Preference procurement may be subject to the following:

1. A determination by a Procurement Officer that a bidder/offeror is not responsible;

2. A determination that a contract entered into is void or voidable under § 11-204 of the State Finance and Procurement Article of the Annotated Code of Maryland;

3. Suspension and debarment under Title 16 of the State Finance and Procurement Article;

4. Criminal prosecution for procurement fraud (§ 11-205.1 of the State Finance and Procurement

Article), perjury, or other crimes; and

5. Other actions permitted by law.

********** FAILURE TO MEET MINIMUM QUALIFICATIONS **********

Any Bidder or potential bidder failing to meet the qualifications of a "small business" specified in §

14-501(c) of the State Finance and Procurement Article will be ineligible to participate in a procurement designated for a Small Business Reserve under § 14-504 or Small Business Preference under § 14-206 - 207. Any person or company bidding on Small Business Reserve or Preference procurement and not qualifying as a small business under § 14-501(c) will have its bid or offer rejected on the ground that the bidder is not responsible.

I AFFIRM THAT:

To the best of my knowledge, information, and belief, as of the date of submission of this

Bid/Proposal, _________ (name of firm) meets the qualifications for certification as a Small Business in Maryland. I further affirm that, if for any reason during the term of the contract __________________ (name of firm) no longer meets the qualifications for certification as a Small Business in Maryland, I will notify the Procurement Officer within 30 days. I agree that a failure to so notify the Procurement Officer of this change in circumstances may result in this contract being terminated for default.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT

THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

SMALL BUSINESS QUALIFICATION NUMBER: __________________

Date of Most Recent Qualification: __________________________________

DATE: _________________

BY: _____________________________________________________________

Signature (Authorized Representative and Affidavit)

ATTACHMENT F – COMPANY PROFILE

COMPANY PROFILE

Solicitation No.: BPM028835

TITLE: Baltimore City Correctional Center (BCCC) Duct Vent Cleaning

AGENCY: Department of Public Safety and Correctional Services

FAILURE TO FULLY ADDRESS ALL QUESTIONS MAY RENDER YOUR BID NON-RESPONSIVE.

THE BIDDER SHALL SUBMIT A MINIMUM OF THREE (3) REFERENCES THAT REFLECT A

MINIMUM OF THREE (3) COMPLETE AND CONSECUTIVE YEARS OF SUCCESSFUL SERVICE

PERFORMANCE COMPARABLE IN SCOPE, TYPE, SIZE, MAGNITUDE, AND COMPLEXITY FOR

EACH REFERENCE AS REQUIRED IN THE IFB.

Company Name:

Address:

City: State: Zip Code:

Federal ID No.:

Point of Contact: Email Address:

Phone No.:

Fax No.:

Date of Incorporation:

Number of Years in Business under Present Name:

Other/Former Names under which your Organization has Operated:

Type of Organization (i.e., Corporation, Partnership, Individual, Joint Venture):

Information furnished in response to this questionnaire and any verification made by the DPSCS shall provide a basis for determining the responsibility of bidders. In the event that references are deemed insufficient by the DPSCS, the State reserves the right to determine the bidder as not-responsible, which will cause the rejection of their bid.

Attach a copy of all current Licenses, Permits and Certificates as deemed appropriate and required by

State, Federal and Local Laws.

The DPSCS reserves the right to request any other information and data for the purpose of determining the bidder’s ability to perform the contract.

List at least three (3) but no more than five (5) Company Clients for work similar in scope to the requirements of this ITB. Please furnish all requested information. If more space is needed for type of service provided, please list on an additional sheet. All references must be reachable and willing to furnish information by email or telephone conversation. Please PRINT clearly.

#1. Company: Contact Person:

City:

State: Zip Code:

Email Address for Contact Person:

Type of Contract: (Please Check Box)

Armed Uniformed Guard - Shift

Unarmed Uniformed Guard - Shift

Armed Uniformed Guard – 24/7/365

Unarmed Uniformed Guard –

24/7/365

HVAC Maintenance

Elevator Maintenance

Janitorial Service

Pest Control

Other:_____________________________

Term of Contract: to Contract Value: $

Size (Sq. Footage) and Type of Facility:

Please describe in detail the services that were provided:

#2. Company: Contact Person:

Armed Uniformed Guard - Shift

Unarmed Uniformed Guard - Shift

Armed Uniformed Guard – 24/7/365

Unarmed Uniformed Guard –

24/7/365

HVAC Maintenance

Elevator Maintenance

Janitorial Service

Pest Control

#3. Company: Contact Person:

Armed Uniformed Guard - Shift

Unarmed Uniformed Guard - Shift

Armed Uniformed Guard – 24/7/365

Unarmed Uniformed Guard –

24/7/365

HVAC Maintenance

Elevator Maintenance

Janitorial Service

Pest Control

Other:______________________________

#4. Company: Contact Person:

Armed Uniformed Guard - Shift

Unarmed Uniformed Guard - Shift

Armed Uniformed Guard – 24/7/365

Unarmed Uniformed Guard –

24/7/365

HVAC Maintenance

Elevator Maintenance

Janitorial Service

Pest Control

#5. Company: Contact Person:

Armed Uniformed Guard -

Shift

Unarmed Uniformed Guard -

Shift

Armed Uniformed Guard –

24/7/365

Unarmed Uniformed Guard –

24/7/365

HVAC Maintenance

Elevator Maintenance

Janitorial Service

Pest Control