BPM031577 Automotive Transmission Repair and Rebuilding Services.docx

State of Maryland Maryland Department of State Police (MDSP)

INVITATION FOR BIDS (IFB)

Automotive Transmission Repair and Rebuilding Services IFB Number BPM031577

Issue date: October 4, 2022

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation.

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: Automotive Transmission Repair and Rebuilding Services Solicitation No: BPM031577

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

· Other commitments preclude our participation at this time

· The subject of the solicitation is not something we ordinarily provide

· We are inexperienced in the work/commodities required

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

· The scope of work is beyond our present capacity

· Doing business with the State is simply too complicated. (Explain in REMARKS section)

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

· Time allotted for completion of the Bid is insufficient

· Start-up time is insufficient

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

· Bid requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

· MBE or VSBE requirements (Explain in REMARKS section)

· Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section)

· Payment schedule too slow

· Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS: ____________________________________________________________________________________ Vendor Name: ________________________________ Date: _______________________ Contact Person: _________________________________ Phone (____) _____ - _________________ Address: ______________________________________________________________________ E-mail Address: ________________________________________________________________ State of Maryland Maryland Department of State Police (MDSP) Key Information Summary Sheet

7745 Washington Blvd, Jessup, MD 20794 e-mail:

Office Phone:

rene.alonso@maryland.gov 410-379-9410

or by phone (US) +1 216-930-0591 PIN:

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

Virtual Opening

Table of Contents – IFB

Automotive Transmission Repair and Rebuilding Services Solicitation #: BPM031577 IFB Document

IFB for Maryland Department of State Police Page 15 of 63

Minimum Qualifications 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:

The Bidder shall have three (3) years of experience providing automotive transmission services.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid (3) three or more references from the past (5) five years that collectively are able to attest to the Bidder’s required years of experience in providing automotive transmission service.

The Bidder must have ASE certified technicians.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with copies of ASE certificates for each technician.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Contractor Requirements: Scope of Work Summary Statement The Maryland Department of State Police (MDSP 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 Department of State Police: to provide transmission service to MDSP Vehicle Fleet Statewide.

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.

The Department intends to make up to five (5) awards for the work under this IFB. See IFB Section 4.9 Award Basis for more Contract award information. The areas to be included as part of this contract are broken down into five (5) regions located in the State of Maryland. Bidders may submit a bid for one, one or more, or all Regions.

The Regions are as follows:

Region A (Western): Garrett, Allegany, Washington Counties Region B (Capital): Frederick, Montgomery, Prince George’s Region C (Central): Anne Arundel, Baltimore, Carroll, Hartford, Howard Counties and Baltimore Region Region D (Eastern Shore): Kent, Queen Anne’s, Talbot, Caroline, Cecil, Dorchester, Worcester, and Somerset Counties Region E (Southern): Calvert, Charles, and St Mary’s Counties 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.

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.

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.

Background and Purpose The Maryland Department of State Police (MDSP) is issuing this solicitation for the purpose of repairing/rebuilding MDSP Fleet Vehicle transmission at a repair facility regionally within the State of Maryland.

Other State Responsibilities

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

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

Responsibilities and Tasks The Contractor shall all mechanical and electrical repair services needed to diagnose, repair and if necessary remove and re-install the transmission in MDSP Fleet Vehicles. Contractor must be able to repair the vehicle in accordance with the Mitchell Repair Mechanical Parts and Labor estimating guides.

The Contractor shall:

A. Properly diagnose the condition of the existing transmission once approval from MDSP has been authorized.

B. Provide services with the quality of the repair work that results in the vehicle when ready for release to the driver, meets all original equipment manufacturer standards for operation Original Equipment Manufacturer (O.E.M.) This means that the transmission shifts gears and are operating at the (O.E.M.) specified engine revolutions per minute (rpm), and that such shifting is smooth to the degree that it is virtually unnoticeable by the driver.

C. Accomplish the work in accordance with its bid price and all other agreements with MDSP, and D. The Contractor shall complete all repairs, including the test driving of the vehicle, by the acceptable date of completion authorized by MDSP.

Delivery of the vehicle The MDSP will bring the vehicle to the nearest location of the Contractor’s repair facility for services to be performed. The Contractor is solely responsible for arranging and incurring the cost of any transportation incurred moving the vehicle from its location to another.

Damages Damages from the time of delivery of the vehicle until the vehicle is picked up by the appropriate representative of MDSP, and the responsibility for the vehicle safekeeping is solely that of the Contractor. Any damages noted by the MDSP representative inspector will be considered to have been caused by the Contractor unless the Contractor reports such damage upon submission of its estimate. If the Contract Monitor deems the Contractor responsible for the damage, the Contractor must correct and pay the repair according to (O.E.M.) specifications.

Access to the Vehicle Prior to MDSP authorizing the repair, the MDSP will inspect the need for the repair. The Contractor will not interfere with the MDSP or State’s legitimate right to these inspections and will oblige the inspector by properly demonstrating the need for repairs as documented in the Contractor’s repair estimate or opened work order.

Repair estimate process The Contract monitor will send a request via email to the Contractor for repair. MDSP will deliver the vehicle to the Contractor’s location for repair. Within one (1) business day from the delivery of the vehicle, the Contractor must confirm with the Contract monitor the price of the repair as stated on the price sheet submitted with its bid in an estimated completion date. The Contractor must receive an authorization in the form of a purchase order and/or credit card from the Contract Monitor prior to starting the work to be performed. The Contractor must receive approval of the estimated completion date by the Contract monitor prior to starting the repair.

Warranty The Contractor shall provide a warranty of no less than twelve (12) months or 12,000 miles whichever comes first, for all labor and parts defects that were not caused by driver abuse. This warranty will begin from the time that the vehicle is picked up by the authorized MDSP representative from the Contractor’s facility. When the Contractor must perform warranty work to correct defects, the work shall be completed within three (3) business days.

Termination of Contract Repair Status At the expiration of the agreement or in the case of an earlier termination of the contract as covered in the terms and conditions, the MDSP will be liable to the Contractor only for work authorized prior to the date of expiration or termination of the agreement. Any pending repairs post expiration or termination of the agreement will not be authorized by the State and the vehicle(s) will be removed by the State without payment within 5 working days.

Contractor Requirements: General Contract Initiation Requirements

1. MDSP shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, the Contractor shall furnish key information regarding point of contacts and/or business locations servicing vehicles.

End of Contract Transition The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 60 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

1. Provide additional services and support as requested to successfully complete the transition;

1. Maintain the services called for by the Contract at the required level of proficiency;

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

1. Provide current operating procedures (as appropriate).

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

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

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

1. The Contractor shall provide a draft Transition-Out Plan <<120 Business Days>> in advance of Contract end date.

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

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

2) Communications and reporting process between the Contractor, the Department and the Contract Monitor;

3) Security and system access review and closeout;

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

5) Any final training/orientation of Department staff;

6) Connectivity services provided, activities and approximate timelines required for Transition-Out;

7) Knowledge transfer, to include:

a) A working knowledge of the current system environments;

b) Review with the Department the procedures and practices that support the business process and current system environments;

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

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

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

9) Any risk factors with the timing and the Transition-Out schedule and transition process. The Contractor shall document any risk factors and suggested solutions.

Invoicing General

1. The Contractor shall e-mail the original of each invoice and signed authorization of the invoice to the Contract Monitor and to the MDSP: Accounts Payable at e-mail address: msp.accountspayable&Maryland.gov All invoices for services shall be verified by the Contractor as accurate at the time of submission.

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Goods or services provided;

10) Amount due; and

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.

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.

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

1. For items of work for which there is one-time pricing (see Attachment B –Bid Form) those items shall be billed in the month following the acceptance of the work by the Department.

For the Purpose of the Contract an amount will not be deemed due and payable if:

a)The amount invoiced is not 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 provision 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.

Travel Reimbursement Travel will not be reimbursed under this IFB.

Liquidated Damages MBE Liquidated Damages Inapplicable because there is no MBE goal for this IFB.

Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

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:

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

1. 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.

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

1. 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.”

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

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

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

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

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

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

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

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.

Security Requirements The following requirements are applicable to the Contract:

Employee Identification

1. 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.

1. 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.

1. 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.

1. 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.

Security Clearance / Criminal Background Check A security clearance is not required for Contractor Personnel assigned to the Contract.

On-Site Security Requirement(s)

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Problem Escalation Procedure The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes.

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

The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

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

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

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

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

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

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

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

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

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

Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Additional Clauses

1.1.1 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.

1.1.2 No-Cost Extensions

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

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Procurement Instructions Pre-Bid Conference A virtual pre-Bid conference (Conference) will be held at the date, time, and location indicated on the Key Information Summary Sheet.

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

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

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

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).

Those wishing to attend the web conference may request a meeting invitation by emailing Rene Alonso at rene.alonso@maryland.gov no later than 2:00 PM on October 7, 2022. An invitation e-mail is required for registration, and therefore attendance. Upon receipt of the email, the Procurement Officer will reply with a registration email with a link that may be used to register for the conference. Registration must be completed by 2:00 PM October 7, 2022.

eMaryland Marketplace Advantage (eMMA) 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.

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.

Questions All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (BPM031577 - Automotive Transmission Repair and Rebuilding Services), and shall be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

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.

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.

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

Bid Due (Closing) Date and Time 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.

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

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.

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.

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.

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

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).

Multiple or Alternate Bids Multiple or alternate Bids will not be accepted.

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

Bids shall be opened publicly, at the time, date and place designated in the 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.

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

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

For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

Award Basis 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.

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 Tie Bids will be decided pursuant to COMAR 21.05.02.14.

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.

Revisions to the IFB 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.

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

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.

Cancellations 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.

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).

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).

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.

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).

Bidder Responsibilities 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.

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”).

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.

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.

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.

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.

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.

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.

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.

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

In connection with a procurement contract a person may not willfully:

1. Falsify, conceal, or suppress a material fact by any scheme or device.

1. Make a false or fraudulent statement or representation of a material fact.

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

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

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.

Payments by Electronic Funds Transfer By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at: http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf.

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). Additional information is available on GOSBA’s website at: http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

Electronic Procurements Authorized Under COMAR 21.03.05, unless otherwise prohibited by law, the Department may conduct procurement transactions by electronic means, including the solicitation, proposing, award, execution, and administration of a contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21.

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

1. “Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., IFB § 4.23 describing payments by Electronic Funds Transfer), the following transactions are authorized to be conducted by electronic means on the terms as authorized in COMAR 21.03.05:

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

1) The IFB;

2) Any amendments;

3) Pre-Bid conference documents;

4) Questions and responses;

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

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

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

The Bidder or potential Bidder may use eMMA or e-mail to:

8) Ask questions regarding the solicitation;

9) Reply to any material received from the Procurement Officer by electronic…