BPM038817 - Courier Svcs - IFB Solicitation.pdf

Courier Services

Solicitation #: BPM038817 IFB Document

Version 2.0

IFB for Department of Housing and Community Development (DHCD) Page 1 of 62

STATE OF MARYLAND

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD)

INVITATION FOR BIDS (IFB)

COURIER SERVICES

IFB NUMBER BPM038817

ISSUE DATE: APRIL 5, 2024

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA)

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

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.

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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: Courier Services

Solicitation No: BPM038817

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: ________________________________________________________________

IFB for Department of Housing and Community Development (DHCD) Page 3 of 62

STATE OF MARYLAND

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

(DHCD)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Services - Courier Services

Solicitation Number: BPM038817

IFB Issue Date: April 5, 2024

IFB Issuing Office: Department of Housing and Community Development

(“DHCD” or the "Department")

Procurement Officer: Perry Moon

7800 Harkins Road

Lanham, MD 20706 e-mail:

Office Phone:

perry.moon@maryland.gov

(301) 429-7951

Bids are to be sent to: Submit via eMMA

Pre-Bid Conference: April 25, 2024 at 10:00 AM Local Time via Google Meet

Teleconference

By Calendar Invitation from Procurement Officer Only

See Attachment A for directions and instructions.

Questions Due Date and Time May 9, 2024 at 2:00 PM Local Time

Bid Due (Closing) Date and

Time:

May 23, 2024 at 2:00 PM Local Time

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

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Indefinite Quantity with Firm Fixed Prices

Contract Duration: One (1) year with two option periods of one (1) year.

Primary Place of

Performance:

7800 Harkins Road

Lanham, MD 20706

SBR Designation: Yes

Federal Funding: No

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

3.13 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

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4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

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5.5 Delivery -eMMA Submission

5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The following qualifications shall be met to be considered for contract award:

1.1.1 The Bidder must have provided courier services for documents and boxes for a minimum of two

(2) years within the last five (5) years preceding the date of this Solicitation. These years of experience need not be consecutive, but concurrent or overlapping projects do not contribute to additional years of experience.

Required Documentation: As proof of meeting this requirement, the Bidder shall complete and provide with its Bid, Attachment P: Experience Affidavit.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Housing and Community Development (DHCD or the "Department") is issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2 from a contract between the successful bidder and the Department. The contract will require performing daily scheduled courier deliveries, managed by the Department’s Office of Operations and Administration, to and/or from the Department’s location in Lanham and the Louis Goldstein

State Comptroller’s Office building, as well as surrounding State Office buildings, located within the Annapolis metropolitan area. The Department intends to make a single award for the work under this IFB. See Section 4.9 - Award Basis for more Contract award information.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the State.

2.1.3 The Department intends to make a single award for the work under this IFB. See Section 4.9 -

Award Basis for more Contract award information.

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

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

2.2 Background and Purpose

The Department processes a large number of financial transactions each day as part of its mission to improve homeownership, energy efficiency, and small business development throughout the

State of Maryland. These transactions require regular daily conveyance of sensitive paper documents to and from State government offices in Annapolis. The purpose of this IFB is to invite qualified, experienced firms to provide Courier Services for the Department on a daily basis and as needed basis to the Annapolis Metropolitan area.

2.3 Responsibilities and Tasks

2.3.1 While performing under the Contract, Contractor personnel are required to wear a uniform depicting the company’s name and/or logo and have company-issued photo identification in their possession at all times.

2.3.2 These services entail the transporting of State documents to/from Lanham and the Annapolis

Metropolitan area.

A. The documents may include (but are not limited to) mail, transmittals, and checks.

B. On occasion, the courier may be required to pick up and/or deliver boxes. The items to be delivered will typically be a single package containing documents ranging from two to five pounds. On rare occasions, larger parcels or other items such as books or boxes of files may be included. Larger deliveries (i.e. the transport of multiple boxes of files) occur approximately once every three months.

2.3.3 The Contractor must furnish an enclosed vehicle (sedan, cargo, mini-van) capable of transporting documents and boxes, and with all equipment necessary to performing the tasks identified herein

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(such as hand cart to transport requested items). No equipment will be provided by the

Department.

2.3.4 The Contractor will be responsible for all costs associated with the operation and maintenance of their vehicle, excluding gasoline, which will be paid for by DHCD.

2.3.5 The Contractor must ensure that each driver performing services under the Contract has a valid driver’s license.

2.3.6 Services will be performed as follows:

A. Services will be performed on regular workdays, which are defined as Mondays through

Fridays with the exception of State holidays, weekends or days that State offices are closed for inclement weather. The Contractor will be provided with a list of State holidays. If no daily run is needed, the Department will make a reasonable effort to notify the Contractor in advance of the Contractor’s designated arrival time.

B. At each pick-up, a “courier assignment sheet” will be provided by the Department to the courier, listing specific details and sequence of stops, which may include routine or non-routine stops.

C. The courier is required to arrive at 7800 Harkins Road, Lanham, Maryland (“Lanham

Building”) between 1:30 p.m. and 1:55 p.m. Local Time each regular workday.

D. The courier will be required to depart the Lanham Building at 2:00 p.m. in order to arrive at the Comptroller’s Office (Louis Goldstein State Comptroller’s Office building located at 80

Calvert Street, Annapolis, Maryland) by 3:00 p.m. Punctuality is of critical importance to the Department, and repeated failure to arrive at the Lanham Building by 1:55 p.m.

will constitute a breach of the Contract.

E. The courier may be required to make additional stops, as described in Section 2.3.11 below.

F. On most days, the courier will be required to travel “round trip” from the Lanham Building to the Comptroller’s Office. On some occasions, a one-way trip will suffice. The Department will notify the courier, through the courier assignment sheet, as to whether a return trip is required.

G. When a “round trip” is required, the courier must return to the Lanham Building by 4:00 p.m.

2.3.7 Complete delivery/pick-up instructions will be included with each request for delivery/pick-up including the full address of the sender or recipient and the room or suite.

2.3.8 If the courier encounters problems or delays (i.e., traffic), the courier shall call the Contract

Monitor, Steve Wilson (or designee), at 301-429-7619, inform him/her of the situation,

2.3.9 If the Department determines that services are not required on a particular day, the Department shall inform the Contractor by 1:00 p.m. on the day that services are not required. If the

Department timely informs the Contractor that courier services are not required; the Contractor shall not be paid the Daily Courier Fee for that day. If the Department fails to timely inform the

Contractor that services are not required and the courier arrives at the Department’s Lanham

Building as scheduled, the Contractor shall be paid the Daily Courier Fee. Upon commencement of the Contract term, the Contractor shall provide contact information for, and identify, the appropriate Contractor personnel the Department is to notify when services are not required.

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2.3.10 Locations and number of stops may vary from day-to-day depending on State’s business needs, however, the primary and first stop will be the Comptroller's Office, located at the Louis

Goldstein Building at 80 Calvert Street, Annapolis, MD 21401. It is estimated that the courier will be required to make multiple stops in Annapolis approximately two or three times per week, on average. All stops in Annapolis will be to government offices located within a few blocks of the Comptroller’s office (See Section 2.3.11 for most common locations).

2.3.11 In addition to the Comptroller’s Office, the courier may be requested to make stops at the following locations:

A. 45 Calvert Street – Department of Budget and Management;

B. 29 St. Johns Street – Department of General Services;

C. 6 Bladen Street – House of Delegates Building;

D. 11 Bladen Street – Miller Senate Building;

E. 110 College Avenue – James Senate Building;

F. 90 State Circle – Legislative Services Building;

G. State House – State Circle;

H. 16 Francis Street – Wineland Building (previously known as Jeffrey Building); and

I. Other locations within the Annapolis metropolitan area.

2.3.12 The Department, at its discretion, reserves the right to request a different courier should problems arise (i.e. behavioral issues, tardiness, etc.).

2.3.13 Any courier performing work under the Contract must be able to lift at least 50 pounds.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

This section is inapplicable to this IFB.

3.2 End of Contract Transition

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

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

and

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

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

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

Monitor.

3.2.4 Return and Maintenance of State Data

A. Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the

Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and

Technology (NIST)-approved methods with certificates of destruction to be provided to the

State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

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

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

3.3 Invoicing

3.3.1 General

A. The Contractor shall send via e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor, Steve Wilson at e-mail address:

steve.wilson1@maryland.gov.

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

C. 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 or 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the

Contract. In no event shall any invoice be submitted later than 60 calendar days from the

Contract termination date.

3.3.2 Invoice Submission Schedule

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

A. Contractor shall submit monthly invoices for work completed during the preceding month

(see Attachment B –Bid Form).

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

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

A. The amount invoiced is inconsistent with the Contract;

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

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

D. The item or services have not been accepted;

E. The quantity of items delivered is less than the quantity ordered;

F. The items or services do not meet the quality requirements of the Contract;

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

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

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

Contract and compliance with its provisions.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.5 Disaster Recovery and Data

The following requirements apply to the Contract:

3.5.1 The Contractor shall limit access to and possession of State data (including but not limited to

State mail, parcels, packages, or any other items being transported under the Contract) to only

Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

3.5.2 At no time shall any data or processes – that either belong to or are intended for the use of the

State or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the

State.

3.5.3 The Contractor shall not use any information collected in connection with the services furnished under the Contract for any purpose other than fulfilling such services.

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

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

3.6 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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

A. Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. 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.”

C. 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 $1,000,000 per occurrence (unless State law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

D. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or

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

Maryland.

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

Insurance and professional liability.

3.6.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Officer, by certified mail, not less than thirty (30) calendar 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) business days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least fifteen (15) calendar days prior to the expiration of the insurance policy then in effect.

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

3.6.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the

Contractor shall provide certificates of insurance annually, or as otherwise directed by the

Contract Monitor.

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

3.7 Security Requirements

The following requirements are applicable to the Contract:

3.7.1 Employee Identification

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

Personnel shall provide additional photo identification.

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

C. Contractor shall remove any Contractor Personnel from working on the Contract where the

State determines, in its sole discretion, that Contractor Personnel has not adhered to the

Security requirements specified herein.

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

Contract.

3.7.2 Security Clearance / Criminal Background Check

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

A. A criminal background check for any Contractor Personnel providing Courier Services shall be completed prior to each Contractor Personnel providing any services under the Contract.

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

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

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

3.7.3 Data Protection and Controls

A. Contractor shall ensure a secure environment for all State data provided or used in connection with the performance of the Contract and shall apply or cause application of appropriate controls so as to maintain such a secure environment (“Security Best Practices”). Such

Security Best Practices shall comply with an accepted industry standard.

3.7.4 Security Plan

A. The Contractor shall protect State data according to a written security policy (“Security

Plan”) no less rigorous than that of the State and shall supply a copy of such policy to the

State for validation, with any appropriate updates, on an annual basis.

B. The Security Plan shall detail the steps and processes employed by the Contractor as well as the features and characteristics which will ensure compliance with the security requirements of the Contract.

3.7.5 Data Breach Responsibilities

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A. If the Contractor reasonably believes a Data Breach to have occurred, or has actual knowledge of a Data Breach, the Contractor shall, unless otherwise directed:

1) Notify the Contract Monitor as soon as possible, or within 24 hours by telephone unless a shorter time is required by applicable law;

2) Cooperate with the State to investigate and resolve the Data Breach;

3) Promptly implement commercially reasonable remedial measures to remedy the Data

Breach; and

4) Document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services.

B. If a Data Breach is a direct result of the Contractor’s breach of its Contract obligation to protect the data, the Contractor shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifications to individuals, regulators or others required by

State law; (3) a credit monitoring service required by State or federal law; (4) a website or a toll-free number and call center for affected individuals required by State law; and (5) complete all corrective actions as reasonably determined by Contractor based on root cause;

all [(1) through (5)] subject to the Contract’s limitation of liability.

3.7.6 The State shall, at its discretion, have the right to review and assess the Contractor’s compliance to the security requirements and standards defined in the Contract.

3.7.7 Provisions in IFB Sections 3.7.1 – 3.7.6 shall survive expiration or termination of the Contract.

Additionally, the Contractor shall flow down the provisions of IFB Sections 3.7.4-3.7.7 (or the substance thereof) in all subcontracts.

3.8 Problem Escalation Procedure

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

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

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

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

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

B. Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

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

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

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

F. Contact information for persons responsible for resolving issues after normal business hours

(e.g., evenings, weekends, holidays) and on an emergency basis; and

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

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

3.9 SOC 2 Type 2 Audit Report

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

3.10 Minority Business Enterprise (MBE) Reports

This section is inapplicable to this IFB.

3.11 Veteran Small Business Enterprise (VSBE) Reports

This section is inapplicable to this IFB.

3.12 Work Orders

This section is inapplicable to this IFB.

3.13 Additional Clauses

3.13.1 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.

IFB for Department of Housing and Community Development (DHCD) Page 18 of 62

4 Procurement Instructions

4.1 Pre-Bid Conference

4.1.1 A pre-Bid conference (Conference) will be held at the date, time, and location indicated on the

Key Information Summary Sheet.

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

4.1.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the

Conference/Site Visit to ensure that all parties understand the requirements of the contract and the

MBE Goal.

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

4.1.5 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

4.1.6 Those wishing to attend the web conference may request a meeting invitation by emailing Perry

Moon at perry.moon@maryland.gov no later than 2:00 PM on April 23, 2024.

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland. The IFB, Conference summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

4.2.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.3 Questions

4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (BPM038817 - Courier

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.

4.3.2 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

4.3.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the Department unless it issues an amendment in writing.

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

IFB for Department of Housing and Community Development (DHCD) Page 19 of 62

4.4 Procurement Method

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR

21.05.02.

4.5 Bid Due (Closing) Date and Time

4.5.1 Bids, in the number and form set forth in Section 5 (Bid Format), must be submitted electronically through eMMA and received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

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

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the

Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.5.4 Bids will be accepted through the State’s eMaryland Marketplace Advantage (eMMA) e-

Procurement system. Instructions on how to submit bids electronically can be found at:

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

Responding-to-Solicitations-Double-Envelope-v2.pdf

4.5.5 Bids may be modified or withdrawn through eMMA before the time and date set forth in the Key

Information Summary Sheet for receipt of Bids.

4.5.6 Bids may not be submitted by e-mail or facsimile.

4.5.7 Potential Bidders not responding to this solicitation are requested to submit the “No Bid

Notice/Vendor Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids

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

4.7.2 Bids shall be opened, on the date, designated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The name of each

Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of bid opening.

4.8 Confidentiality of Bids / Public Information Act Notice

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

https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf

IFB for Department of Housing and Community Development (DHCD) Page 20 of 62

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

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

Attorney General.

4.9 Award Basis

4.9.1 A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR

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

See IFB Section 6 for Bid evaluation and award information.

4.9.2 Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.11 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.12 Revisions to the IFB

4.12.1 If the IFB is revised before the due date for Bids, the Department shall post any addenda to the

IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

4.12.3 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

IFB for Department of Housing and Community Development (DHCD) Page 21 of 62

4.13 Cancellations

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

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

21.01.03.01.A(4).

4.13.3 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-

207(b)(2).

4.14 Incurred Expenses

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

4.15 Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.16 Bidder Responsibilities

4.16.1 Bidders must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation.

4.16.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this

IFB (see Section 4.26 “MBE Participation Goal” and Section 4.27 “VSBE Goal”).

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

insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

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

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

IFB for Department of Housing and Community Development (DHCD) Page 22 of 62

4.17 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Attachment M. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.18 Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment C of this IFB.

4.19 Contract Affidavit

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment N of this IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit

(Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

4.20 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.21 Verification of Registration and Tax Payment

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

Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West

Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise successful

Bidder from final consideration and recommendation for Contract award.

4.22 False Statements

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

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

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

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

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

IFB for Department of Housing and Community Development (DHCD) Page 23 of 62

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

4.22.3 A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.23 Payments by Electronic Funds Transfer

By submitting a Bid in…