BPM036905_DPP Office Renovation Leonardtown Maryland Invitation for Bids.pdf

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STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY

CORRECTIONAL SERVICES

INVITATION FOR BIDS

FOR

Division of Parole & Probation (DPP) Leonardtown, Maryland Office

Renovation

BPM036905

ISSUE DATE: 4/26/2023

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.

NOTICE

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

Advantage (eMMA) https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomep age should register on eMMA. See Section 5.2

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED

TO RESPOND TO THIS SOLICITATION

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

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: Division of Parole & Probation (DPP) Leonardtown, Maryland Office Renovation

Solicitation No: BPM036905

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:

Division of Parole & Probation (DPP)

Leonardtown, Maryland Office

Renovation

IFB Issue Date:

April 26, 2023

Solicitation No.:

Issuing Office: Department of Public Safety &

Correctional Services

Procurement Officer:

Adam Pietrocarlo

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

Pre-Bid Meeting Virtual through Google Meet

May 1, 2023 at 10:00 AM Meeting ID meet.google.com/ieh-hvdd-gsa edit Edit Phone Numbers

(US)+1 620-878-0227

PIN: 644 874 191#

In-person Site visit Location:

Joseph D. Carter Building

Division of Parole & Probation (DPP)

23110 Leonard Hall Dr., P.O. Box 1509

Leonardtown, MD 20650

May 3, 2023 at 10:00 AM – 2:00 PM est.

Bidders that want to attend the site visit shall notify the procurement officer by COB May 2, 2023 est.

Bid Submittal:

Bid Due Date and Time:

Via eMaryland Marketplace

Advantage (eMMA) Only

May 18, 2023, 3:00 PM est.

Delivery Address:

All bids shall 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 https://meet.google.com/ieh-hvdd-gsa?hs=122&authuser=0 tel:%E2%80%AA+1%20620-878-0227%E2%80%AC

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:

Paint and repair wall and flooring areas inside the Joseph D. Carter Building, located at the Division of

Parole and Probation (DPP) 23110 Leonard Hall Dr., P.O. Box 1509 Leonardtown, MD 20650.

The contractor shall furnish all labor, material, tools, equipment, supervision, permits, Insurance, etc, necessary to provide the installation of the above service.

1.2 TERM OF CONTRACT

Contract shall be completed within 60 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 favoriable evaluated 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:

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

1.7 SCOPE OF WORK / DETAILED SPECIFICATIONS

1.7.1 The DPSCS’s Division of Parole and Probation (DPP) Leonardtown, MD office is requesting the following:

The contractor shall furnish all labor, material, tools, equipment, supervision, permits, Insurance, etc. necessary to provide paint and repairs to the specified wall and flooring areas inside the Joseph D. Carter Building, located at the Division of Parole and Probation (DPP) 23110

Leonard Hall Dr., P.O. Box 1509 Leonardtown, MD 20650.

1.7.2 Painting

1. Paint shall be solvent-free, water-based, zero or low-VOC latex paint and primer.

a. Water-based paints shall not be formulated with aromatic hydrocarbons, formaldehyde, halogenated solvents, mercury or mercury compounds, or tinted with pigments of lead, cadmium or chromium VI. If solvent-based paints are required for exterior use, the VOC level shall not exceed 150 grams/liter.

b. Solvent-based paints shall not be formulated with more than 1% aromatic hydrocarbons by weight.

2. Cover and protect all surfaces not receiving paint.

3. Repair and spackle any obvious nail pops, drywall damage, and drywall imperfections as necessary.

4. Sand all ceiling, wall and trim surfaces to be painted.

5. Re-caulk tri joints as necessary. Fill trim nail holes as needed.

6. Spot prime any spackle repair work on drywall areas priot to application of finish coats as needed.

7. Apply two full eggshell finish coats to all walls of DPP Leonardtown office, including administrative offices, storage rooms, bathroom, kitchen areas, conference rooms, open areas, file rooms, reception areas, entry lobby, security desk and associated corridors (color to be selected and approved by DPP and the county facility manager).

8. Apply two full semi-gloss finish coats to all of DPP Leonardtown office metal door frames of administrative offices, storage rooms, bathrooms, kitchen areas, conference rooms, all open areas, file rooms, reception areas, entry lobby, security desk, and all associated corridors

(color to be selected by DPP and approved by DGS).

9. Reinstall cove base on all walls, areas, etc after new flooring is install and painting is completed. (color selection by DPP and approved by DGS).

Exclusions

All closets, electrical and HVAC rooms, vinyl baseboards, interior and exterior windows, doors, clad trim and any other areas or items not specifically listed in the scope of work are excluded from application of paint, primer, caulk, spackle or other repair.

1.7.2 Flooring and Carpeting Replacement

1. Need Applicable General DGS Lease Spec for Glue and carpet materials.

2. Move and reset furniture as needed.

3. Remove and dispose of all existing glued down carpet and existing cove base in all of the

DPP Leonardtown office.

4. Furnish and install commercial carpet (color to be selected by DPP and approved by DGS) by direct glue down installation.

5. Furnish and install vinyl cove bae (color to be selected by DPP and approved by DGS).

6. Areas to be done are administrative offices and conference rooms, as indicated per attached drawing.

1.7.3 Flooring, LVT (Luxury Vinyl Tile) Installation

1. Need Applicable General DGS Lease Spec for Glue and LVT Materials.

2. Move and reset furniture as needed.

3. Remove and dispose of all existing glued down carpet and VCT in all of Leonardtown

DPP office.

4. Prep all areas with feather finish to encapsulate existing carpet blue and VCT glue to make these areas smooth and flat to accept new LVT.

5. Furnish and install LVT by direct glue down installation (color to be selected by DPP and approved by DGS).

6. Furnish and install vinyl cove base (color to be selected by DPP and approved by DGS).

Areas to be done are entry lobby, corridors kitchen area, bathrooms and intake areas as indicated per attached drawing.

1.7.4 General Conditions

1. Work is to be completed after business hours, as approved by the county facility manager.

2. Provide trash dumpster and removal of trash and debris from the premises.

3. Trash dumpster to be placed as directed by the county facility manager.

4. Move and reset furniture as needed.

5. Access to the facility, demised premises and the dumpster will be coordinated and provided by the county facility manager.

1.7.5 Anti-Bribery:

The Contractor warrants that neither it nor any of its officers, directors or partners nor any of its employees who are directly involved in obtaining or performing contracts with any public body has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any state or of the federal government or has engaged in conduct since July 1, 1977 which would constitute bribery, attempted bribery or conspiracy to bribe under the laws of any state or the federal government.

1.7.4 Burning:

The Contractor shall not remove paint by burning without the written approval of the Department

Representative.

1.7.5 Cleaning Up:

The Contractor shall at all times keep the construction area including storage areas used by him, 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.

Should the Contractor wish to set a trash disposal container at the job site, the Owner will attempt to provide space consistent with security and safety regulations.

The Contractor shall observe all institutional security requirements when entering or leaving the institution with trash containers.

Upon completion of the construction, the Contractor shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the State representative in charge of the project.

1.7.6 Contingent Fees:

The Contractor, architect, or engineer warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent. bona fide salesperson, or commercial selling agency working for the Contractor, architect, or engineer, 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 employee, bona fide salesperson or commercial selling agency, any fee or other consideration contingent on the making of this agreement.

1.7.7 Contractor’s Insurance:

The Contractor and its subcontractors shall purchase and maintain comprehensive third-party legal liability insurance and such other insurance as is appropriate for the work being performed on the project. Further, the Contractor is responsible for the maintenance whether the work is performed directly by the Contractor, by any subcontractor, by any person employed by the Contractor or any subcontractor, or by anyone for whose acts the Contractor may be liable.

This insurance shall include protection for:

Claims arising from Worker's Compensation statutes or similar employee benefit acts, or third-party legal liability claims arising from bodily injury, sickness and disease, or death of the

Contractor's employees. The minimum limits of such coverage shall be as required by law.

Third-party legal liability claims against the Contractor arising from the operations of the

Contractor, subcontractors and suppliers with such protection extended to provide comprehensive coverage, including personal injury, completed operations, explosion and collapse hazard, and underground hazard. The minimum combined limit for personal lnju,-y and property damage liability shall be $500,000 per occurrence.

Third-party legal liability claims arising from bodily injury and/or damages to the property of others from the ownership, maintenance or use of any motor vehicle, both onsite and offsite, owned by the Contractor. The minimum combined limit for personal injury and property damage liability shall be $500,000 per occurrence.

1.7.8 Contractor’s Invoices:

Contractor agrees to include on the face of all invoices billed to the State, its Taxpayer

Identification Number, which is the Social Security Number for individuals and sole proprietors and the Federal Employer Identification Number for all other types of organizations.

Additionally, the Contractor is to include its Finance Office's 9 digit Zip code; Specification

Number; Item or services description; Quantity delivered; Unit cost; and, Extension.

1.7.9 State Holidays:

Before any of the work shall begin, the Contractor shall confer with the Contract Monitor and agree on times, a sequence of procedure, means of access to the premises, space for storage of materials and equipment, use of approaches use of facilities, etc.

If it becomes necessary to perform work on days or at times other than those indicated above or on holidays, special permission must be obtained in advance from the Contract Monitor.

State Holidays shall be observed by the Contractor and shall include:

New Year’s Day Columbus Day

Martin Luther King Day Federal Election Day

Washington’s Birthday Veterans Day

Memorial Day Thanksgiving Day and the day after

Juneteenth Christmas Day

Independence Day

Labor Day

And all other additional days authorized by the Governor

1.7.10 Electricity:

Where required for the execution of the work, the Owner will provide to the Contractor, at locations designated by the Maintenance Supervisor, such excess electrical power as is available after the facility's needs are met. The Contractor shall use the electricity reasonably. The

Contractor and its subcontractors shall observe normal safety precautions when using extension cables.

1.7.11 Environmental Hazardous Materials:

If at any time during the performance of the work required by this contract, the Contractor finds or has reason to suspect the presence in any work area of environmentally hazardous materials other than those addressed in the Specifications and Drawings, it shall immediately notify the

Department Representative in writing setting forth its observations/suspicions and requesting instructions. At the same time, the Contractor shall withdraw all his personnel from the potentially contaminated area.

1.7.12 EPA Compliance:

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

Control Act of 1972, where applicable.

1.7.13 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.

1.7.14 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.

1.7.15 The Contractor shall at all times, keep the construction area including storage areas used by the contractor, 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.

Should the contractor wish to set a trash disposal container at the job site, the State will attempt to provide space consistent with security and safety regulations.

The Contract shall observe all institutional security requirements when entering or leaving the institution with trash containers. Upon completion of the work, the Contractor shall leave the work and premises in a clean, neat and workmanlike condition, satisfactory to the Contract

Monitor in charge of the project.

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:

DPSCS.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:DPSCS.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

a. 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.

b. 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.

c. 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.

d. 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:

a. 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;

b. 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;

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

d. 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.

e. 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

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

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

c. 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. .

d. 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.

e. 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.

f. 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

a. 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.

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

c. 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 Small Business Reserve (SBR) Procurement

2.29.1 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 GOSBA Small Business Reserve Program are eligible for award of a contract.

2.29.2 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:

a) It is independently owned and operated;

b) It is not a subsidiary of another business;

c) It is not dominant in its field of operation; and

1) With respect to employees, in its most recently completed three (3) fiscal years:

a) Its wholesale operations did not employ more than 50 persons;

b) Its retail operations did not employ more than 25 persons;

c) Its manufacturing operations did not employ more than 100 persons;

d) Its service operations did not employ more than 100 persons;

e) Its construction operations did not employ more than 50 persons; and

2) With respect to gross sales, in its most recently completed three (3) fiscal years:

a) The gross sales of its wholesale operations did not exceed an average of

$4,000,000;

b) The gross sales of its retail operations did not exceed an average of $3,000,000;

c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000;

d) The gross sales of its service operations did not exceed an average of $10,000,000;

e) The gross sales of its construction operations did not exceed an average of

$7,000,000; and

f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000.

g) Note: If a business has not existed for three (3) years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

h. Further information on the certification process is available at eMaryland Marketplace

Advantage.

2.29.3 Ineligible Bids. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract.

2.29.4 Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the

Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.

2.30 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) (online attachment);

b. Bid Form (Attachment A)

d. Completed Insurance Certificate

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

f. Mercury Affidavit (Attachment C) (online attachment);

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

h. Small Business Contract 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.

ATTACHMENT A (cont.) – BID FORM

Bids for this solicitation is accepted in eMaryland Marketplace Advantage ONLY.

Bidder shall bid all line items in eMaryland Marketplace Advantage. Failure to do so may result in the bid being declared as non-responsive.

During the evaluation, and upon the request of the Procurement Officer, the bidder shall be required to submit a breakdown of its total bid cost as stated in Attachment A (I) BID PRICING INSTRUCTIONS above to demonstrate a responsible bid price. Bidders may submit the breakdown with their bid.

CONTRACTOR WILL SUPPLY ALL LABOR, MATERIALS, AND EQUIPMENT NECESSARY TO PAINT

AND REPAIR WALL AND FLOORING AREAS INSIDE THE JOSEPH D. CARTER BUILDING,

LOCATED AT THE DIVISION OF PAROLE AND PROBATION (DPP) 23110 LEONARD HALL DR., P.O.

BOX 1509 LEONARDTOWN, MD 20650 ACCORDING TO THE SPECIFICATIONS PROVIDED IN THE

SCOPE OF WORK SECTION 1.7 AND THE STANDARD SPECIFICATIONS.

LUMP SUM PRICE

This form is to be completed in its entirety without alterations, exceptions or additions.

Representing the above Company

SIGNATURE*

Print Name & Title Date

*The person signing this Bid Sheet must be an Officer of the Company, authorized to contract on behalf of the Company or another authorized person whose proof of authority is hereby attached. (Please attach a notarized copy of said authorization to this Bid Proposal, i.e.; Corporate Resolution)

THE MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTINAL SERVICES RESERVES

THE RIGHT TO REJECT ANY AND ALL BIDS IN WHOLE OR IN PART.

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 #:

Bid amounts shall 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)