BPM047674_-_SW_Fully_Electric_Utility_Vehicles.pdf

Statewide Full Size Utility Vehicles Type 10 & 10-1

Solicitation #: BPM047674 / 00IT821490 IFB Document

IFB for Department of General Services Page 1 of 33

STATE OF MARYLAND

OFFICE OF STATE PROCUREMENT (OSP)

DEPARTMENT OF GENERAL SERVICES(DGS)

INVITATION FOR BIDS (IFB)

STATEWIDE FULLY ELECTRIC UTILITY VEHICLES

TYPE 4-9-M-P-E1, 4-9-M-P-E1, 6-E & 9-E2

MODEL YEAR 2025

IFB NUMBER BPM047674 / 001IT821490

ISSUE DATE: JANUARY 7, 2024

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

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/ are eligible for award of a contract. 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 GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/

IFB for Department of General Services Page 2 of 33

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Commodities, Statewide Fully Electric Utility Vehicles, Type: 4-9-M-P-E1, 4-9-M-P-E1, 6-E & 9-E2 Model Year 2025

Solicitation

Number:

BPM047674 / 001IT821490

IFB Issue Date: January 7, 2025

IFB Issuing

Office:

Department of General Services (DGS)

Procurement

Officer:

Matthew Smith

301 W. Preston St.; M-4

Baltimore, MD 21201

Email:

Phone Number:

Matthew.Smith2@maryland.gov

410-767-3039

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number BPM047674

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice

Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid

Conference:

Not Applicable

See Section 4.3 for additional details.

Scheduled Site

Visit Not Applicable

Questions Due

Date and Time:

January 21, 2025 2:00 pm Local Time

Bid Due (Closing)

Date and Time:

February 5, 2025 2:00 pm Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor

Feedback Form).

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MBE

Subcontracting

Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged

Business Enterprise (DBE) subcontract participation goal of 0 percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

N/A % for African-American MBEs;

N/A % for Asian-American MBEs;

N/A % for Hispanic-American MBEs; and

N/A% for Woman-Owned MBEs.

VSBE

Subcontracting

Goal:

This solicitation includes a VSBE participation Goal of 0%

Procurement

Method:

A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

Multiple or

Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Indefinite quantity with fixed unit prices.

Contract

Duration:

One (1) year base period with one (1) one-year option period.

Primary Place of

Performance:

Statewide

SBR Designation: No

Federal Funding: No

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.1 Project Goals ................................................................ Error! Bookmark not defined.

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities ......................................... Error! Bookmark not defined.

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.3.1 Invoice Submission Schedule

3.3.2 Deliverable Invoicing

3.3.3 Labor Hour/Time and Materials Invoicing ................... Error! Bookmark not defined.

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

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4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

4.19 Attachments and Documents Required with the Bid (Table A)

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. The Bidder shall have a minimum of three (3) years of experience providing the specified vehicles listed herein.

B. The Bidder shall provide with its Bid a valid State of Maryland Motor Vehicle

Administration (MVA) Dealer’s license. All bidders must also possess a valid State of

Maryland MVA salesman’s license.

C. Copies of the aforementioned licenses shall be provided with bid submission.

D. The Bidder shall submit written evidence with their bid showing a minimum warranty on power train of five years/60,000 miles and a minimum vehicle warranty of 1 year/12,000 miles. There shall be zero (-0-) deductible on the warranty.

E. Unless otherwise specified, the specifications herein shall be supplied on all identified vehicle types as standard or required equipment and shall not be included in the specification lists for each vehicle type. As this is the standard equipment list for two (2) vehicle types, it is inherently understood that certain vehicle types may not offer all options; however, absent a lack of compatibility of specific options for specific vehicle types, the list is considered all inclusive.

F. Bidders shall provide a statement with their submission that the vehicle types provided shall meet or exceed the specifications per Appendix 1 – State of Maryland FY 2025 Vehicle

Standards.

G. The Bidder shall provide with its Bid "Attachment L Reference Checks" with one or more references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this

Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”):

Statewide Fully Electric Utility Vehicles, Type 4-9-M-P-E1, 4-9-M-P-E1, 6-E & 9-E2, Model Year

2025.

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.

2.1.1 This is a multiple award IFB. See IFB Section 4.21 Bid Evaluation

Criteria and Award Basis for more Contract award information.

A Contract award does not ensure a Contractor will receive all or any State business under the

Contract.

2.2 Background and Purpose

The purpose of this Indefinite Delivery Indefinite Quantity contract is to obtain a source of supply for

Statewide Fully Electric Utility Vehicles, Type 4-9-M-P-E1, 4-9-M-P-E1, 6-E & 9-E2, Model Year

2025 at a firm fixed price for the term as shown herein. The State may award multiple contracts to all lowest responsive and responsible Bidders.

Successful Vendor(s) shall be responsible for ensuring that the Statewide Fully Electric Utility

Vehicles, Type 4-9-M-P-E1, 4-9-M-P-E1, 6-E & 9-E2, Model Year 2025 supplied is in accordance with Section 2.4 – Product Specifications. The State reserves the right to inspect each load prior to acceptance by the State, for compliance with the specifications herein. Inspection may be made by an authorized representative of the State at the source of supply, point of delivery or both.

2.2.1 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State will assign a Contract

Monitor.

State Contract Monitor: Joseph Consoli

Maryland Department of Budget and Management

State Fleet and Travel Management Unit

45 Calvert St.

Annapolis, MD 21401

2.3 Contractor Responsibilities and Tasks

A. Contractor shall be responsible for providing the Statewide Fully Electric Utility Vehicles, Type 4-9-M-P-E1, 4-9-M-P-E1, 6-E & 9-E2, Model Year 2025 as specified herein and meet all Minimum Requirements.

B. Contractor shall meet all terms and conditions as specified herein.

2.4 Product Specifications

Additional Terms and Conditions:

• Only the specific model vehicles listed will be considered. No Substitutes.

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• Color: To be any standard color as shown in the manufacturer's color selector on model bid.

• At the time of delivery from the dealer, each vehicle shall contain a minimum of five

(5) gallons of gasoline.

• All Vendors must possess a valid State of Maryland Motor Vehicle Administration

(MVA) Dealer’s License. All Vendors must also possess a valid State of Maryland

MVA salesman’s license. A copy of the aforementioned licenses shall be provided upon bid submission.

• Vehicle shall be delivered with a Certificate of Origin.

• There is to be no dealer identification attached to the new vehicle.

• Vendors shall be required upon delivery to submit a certificate showing that the vehicle was services in accordance with the manufacturer's recommended new motor vehicle preparation check sheet. This certification is to be signed by the person who serviced the vehicle, as well as the owner and/or designated representative of management.

• All vendors shall submit written evidence with bids showing a minimum warranty on power train of five years/60,000 miles and a minimum vehicle warranty of one year/12,000 miles. There shall be zero (-0-) deductible on the warranty.

• Standard and/or extended warranty papers must be given at time of vehicle delivery.

• Any reduction of prices during the period of this contract shall be passed on to the

State of Maryland.

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

• Invoices shall accompany the delivery of each individual vehicle. The invoice date shall match the date the vehicle was delivered. The receiving agency reserves the right to reject any delivery where the invoice conditions are not met.

• Vendors shall include the Blanket Purchase

• Order or Purchase Order number on all invoices. Failure to do so may result in delay of payment.

• Warranty and service is to be honored at the manufacturer's dealership, regardless of which dealer is the successful Vendor. Should there be any difference in Fleet warranty and retail warranty, it must so be indicated with bid.

2.4.1 Standard Equipment

a) Unless otherwise specified, the following items shall be supplied on all below identified vehicle types as standard or required and shall not be included in the specification lists for each vehicle type. As this is the standard equipment list for several vehicle types, it is inherently understood that certain vehicle types may not offer all options on this list; however, absent lack of compatibility or specific options for specific vehicle types, the list is considered all inclusive.

b) Should a vehicle type or sub-type not specifically indicate standard/required equipment, the below shall be the assumed minimums:

a. Included Vehicle Types:

i. Type 6-E ½ Ton Pick Up, 4x4 or AWD. FULLY ELECTRIC;

ii. Type 4-9-M-P-E1 Mid-Size Utility Vehicle, 4x4 or AWD, Certified

Pursuit Rated, FULLY ELECTRIC;

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iii. Type 4-9-M-P-E2 Mid-Size Utility Vehicle, 42x or AWD, Certified

Pursuit Rated, FULLY ELECTRIC;

iv. Type 9-E2 Compact Utility Vehicle, FULLY ELECTRIC;

v. Type 6-E and Type 9-E2 vehicles shall meet or exceed the vehicle type specifications per Appendix 1 – State of Maryland FY2025

Vehicle Specifications.

vi. Type 4-9-M-P-E1 and Type 4-9-M-P-E2 vehicles shall meet or exceed the vehicle type specifications per Sections 2.4.5 and 2.4.6 respectively.

vii. If the required Technical Specifications listed above differ from the individual model specifications identified, the individual model specifications requested shall take first priority over the Technical

Specifications.

viii. Each unit and all components shall be completely assembled, serviced and ready for use when delivered to the ordering agency. Unless specified, parts, components, equipment, controls, materials, features, performances, capacities, ratings or designs which are standard and/or necessary to form an efficient and complete working unit shall be furnished whether specifically required herein or not. Any item not specified herein but deemed necessary for the application shall be supplied and will meet industry standards and practices, as well as

Federal and State of Maryland safety standards and regulations, Society of Automobile Engineers (SAE) and other applicable standards.

ix. Unless otherwise specified, potential vendors shall furnish any item

(part, component, equipment, feature, control, material, performance, capacity, rating, design and/or accessory) included in the manufacturer’s standard or base vehicle covered under the manufacturer’s body code, make, model and trim line noted on the price line, whether explicitly specified herein to include those items which may be deleted using the manufacturer's delete option. Unless otherwise specified, the Vendor shall not delete the manufacturer's standard item using the manufacturer's option or any aftermarket option. An example would be, a CD changer included in the manufacturer's standard vehicle shall not be deleted even if the CD changer is not explicitly specified in the solicitation, even if the manufacturer’s CD changer delete option is available for credit. No exceptions.

2.4.2 Optional Vehicle Equipment

a) Vendors shall provide pricing for all optional vehicle packages and equipment. If an option requested is provided as standard equipment or is included or available at no charge with the base vehicle bid, the Vendor shall reply “INCL” on the pricing sheet. If an option is not available, the Vendor shall reply “N/A" on the pricing sheet.

b) Additionally, Vendors are asked to provide a savings discount rate off of the manufacturer list price for any option not specifically listed on the pricing sheet.

2.4.3 Vehicle Catalog

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a) The awarded Vendor(s) shall supply the State Contract Monitor with the specific vehicle catalog(s) for every model individually awarded. The catalog shall identify all option codes and pricing at the time of the award.

b) The State shall not publicly disclose this information but shall maintain the material as a resource for agencies seeking to “build” vehicles to their specifications

c) Awarded Vendor(s) shall provide other agencies with the same ordering and catalog information on an as-needed basis and only with the prior approval of the State Contract

Monitor. The shall be no additional cost associated with this request.

2.4.4 Fees Related to Bid Pricing and Delivery

a) Vendor(s) are to be aware of the below in regard to bid pricing:

a. Sales tax does not apply to the State

b. All transactions and/or processing fess shall be included in bid pricing

c. Temporary tag fees shall be included in bid pricing

b) Failure to include all transaction and/or processing fees may result in bid disqualification or loss of revenue to the Vendor(s). The State shall not be in a position to rectify pricing post-bid and shall expect delivery at the bid/contracted price.

2.4.5 Description: Type 4-9-M-P-E1 Mid-Size Utility Vehicle, 4x4 or AWD, Certified Pursuit Rated, FULLY ELECTRIC, Model Year 2025

Style: 4-door Utility

Wheelbase: 121.80" minimum

Propulsion: Ultium Performance AWD, 2 Motor Permanent Magnetic Drive 498 peak

HP/372 peak torque

Cooling System: Severe Duty drive battery cooling system

Battery: 102 kWh Lithium Ion 12 Module Drive Battery

Steering: Police Performance Tuned Steering

Suspension System: Heavy Duty Police Rated suspension with StabiliTrak performance calibration

Tires: Firestone FireHawk Pursuit V Rated All Season 265-55/R20

Brakes: EBoost ABS 4-wheel Disc/Front Brembo performance with non-FNC rotos

Seating: Front – Heavy Duty Cloth Bucket; Police Specific Driver 8-way power;

passenger 6-way power with power recline;

Rear – 60/40 split folding Heavy Duty Cloth/Vinyl (optional); 3 point seat belts in all seating positions with pre-tensioners

Specifications: Full climate control: Heat, A/C, Defrost: Factory air conditioning, fresh air type heater and defroster, rear window defroster

Driver/passenger mirrors & camera:

Left- and Right-hand outside mirrors – factory installed, remote control

Mirror - inside, center rear view - day/night rear camera mirror

Rear of vehicle visibility must conform to current FMVSS 111 Standards

Backup camera display

Power door locks, mirrors, & windows to include keyless entry and remote locking

Power operated windows and door locks, two-stage

Factory Tinted Glass all around

Windshield Washer Wiper – two-speed with speed-sensitive intermittent modes

AM/FM radio

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Power Point

Hands-free Bluetooth

Child Safety Locks

Lights:

Exterior – LED automatic on/off, tail lamps and center high- mounted LED stop lamp.

Interior - Front courtesy and dual reading lights, rear roof courtesy and dual reading lights

Daytime running lights

Rear windows and door locks inoperative from rear seat

Air bag supplemental restraint system to meet requirements & standards set by the

NHTSA

Dome lamp – red/white (optional)

Surveillance Mode lighting

100-amp main power supply

Left-hand L.E.D. Spot Lamp - factory installed - individually fused on marked units and unmarked units. (Optional)

Gauges - LED instrument gauges for range, speedometer, and temperature.

Certified Speedometer - 0-160 mph in 2 mph increments (certified calibration) with trip odometer

Upfitter wiring harnesses/Universal Vehicle Module for CAN readability

Keyless Entry Locking System –with 2 keys supplied w/each vehicle and all vehicles keyed differently (4 extra key fobs optional)

Tire Pressure Monitoring System

Hood and Trunk release-inside body remote control

NHTSA Crash Tested Police Pursuit

Speed regulator - 130 mph max

Options: Towing Package

Cloth rear seats/carpet (9C3)

Blind Spot and Cross Path Detection

Full Wheel Covers

LED Spotlight Delete

Factory O.E.M. Console (9C3)

Example Vehicles: GM EV Traverse PPV

2.4.6 Description: Type 4-9-M-P-E2 Mid-Size Utility Vehicle, 4x4 or AWD, Certified

Pursuit Rated, FULLY ELECTRIC, Model Year 2025

Style: 4-door Utility

Wheelbase: 121.80" minimum

Propulsion: Ultium Performance AWD, 2 Motor Permanent Magnetic Drive 498 peak

HP/372 peak torque

Cooling System: Severe Duty drive battery cooling system

Battery: 102 kWh Lithium Ion 12 Module Drive Battery

Steering: Police Performance Tuned Steering

Suspension System: Heavy Duty Police Rated suspension with StabiliTrak performance calibration

IFB for Department of General Services Page 12 of 33

Tires: Firestone FireHawk Pursuit V Rated All Season 265-55/R20

Brakes: EBoost ABS 4-wheel Disc/Front Brembo performance with non-FNC rotos

Seating: Front – Heavy Duty Cloth Bucket; Police Specific Driver 8-way power;

passenger 6-way power with power recline;

Rear – 60/40 split folding Heavy Duty Cloth/Vinyl (optional); 3 point seat belts in all seating positions with pre-tensioners

Specifications: Full climate control: Heat, A/C, Defrost: Factory air conditioning, fresh air type heater and defroster, rear window defroster

Driver/passenger mirrors & camera:

Left- and Right-hand outside mirrors – factory installed, remote control

Mirror - inside, center rear view - day/night rear camera mirror

Rear of vehicle visibility must conform to current FMVSS 111 Standards

Backup camera display

Power door locks, mirrors, & windows to include keyless entry and remote locking

Power operated windows and door locks, two-stage

Factory Tinted Glass all around

Windshield Washer Wiper – two-speed with speed-sensitive intermittent modes

AM/FM radio

Power Point

Hands-free Bluetooth

Child Safety Locks

Lights:

Exterior – LED automatic on/off, tail lamps and center high- mounted LED stop lamp.

Interior - Front courtesy and dual reading lights, rear roof courtesy and dual reading lights

Daytime running lights

Rear windows and door locks inoperative from rear seat

Air bag supplemental restraint system to meet requirements & standards set by the

NHTSA

Dome lamp – red/white (optional)

Surveillance Mode lighting

100-amp main power supply

Left-hand L.E.D. Spot Lamp - factory installed - individually fused on marked units and unmarked units. (Optional)

Gauges - LED instrument gauges for range, speedometer, and temperature.

Certified Speedometer - 0-160 mph in 2 mph increments (certified calibration) with trip odometer

Upfitter wiring harnesses/Universal Vehicle Module for CAN readability

Keyless Entry Locking System –with 2 keys supplied w/each vehicle and all vehicles keyed differently (4 extra key fobs optional)

Tire Pressure Monitoring System

Hood and Trunk release-inside body remote control

NHTSA Crash Tested Police Pursuit

Speed regulator - 130 mph max

Options: Towing Package

Cloth rear seats/carpet (9C3)

Blind Spot and Cross Path Detection

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Full Wheel Covers

LED Spotlight Delete

Factory O.E.M. Console (9C3)

Example Vehicles: Chevrolet Blazer EV PPV

2.4.7 Description: Type 6-E ½ Ton Pick-Up, 4x4 or AWD, FULLY ELECTRIC, Model

Year 2025

Style: ½ Ton Pick-Up Truck – FULLY ELECTRIC

Payload: 1,440 lb. minimum

GVW: 7,700 lb. minimum

Wheelbase: 145.7” minimum

Motor: Ultium Drive System, Performance Torque Vectoring e4WD (Electronic 4WD), 2 motors (1 front, 1 rear electric drive unit)

Transmission: None

Battery: Ultium Lithium-ion pouch with internal battery management, liquid cooled, 173kWh/203kWh

On-Board Charger: 19.2 kW High Voltage

Power (input/output kW): 19.2/17.6 minimum

Suspension: 4-wheel independent suspension with premium ride and handling

Tires: Manufacturer’s standard radial to meet payload with conventional spare wheel, tire LT225/65R18, all season blackwall

Brakes: Power with four-wheel ABS

Steering: Power Assisted Steering

Mirrors: Dual – factory installed, low mount 5.5” x 8.5” minimum, outside heated power adjustable

Bumpers: Front and Rear, factory installed step bumper on rear

Seating: Vinyl or cloth

Body: 5.11’ bed minimum, 10.10’ maximum with wheel well inside body

Drivetrain: 4x4 or AWD

Options: Trailer Tow Package

Example Vehicles: Chevrolet Silverado EV

2.4.8 Description: Type 9-E2 Compact Utility Vehicle, FULLY ELECTRIC, Model Year

Style: 4 door Compact Utility Vehicle, Seats 5 (2 front, 3 rear)

Wheelbase: 104” minimum

Engine: Electric Drive Unit, Primary, one motor integrated inverter, park system, magnets, 76F (AWD 2 motor optional)

Transmission: None (electric drive unit)

Battery: Ultium high voltage lithium-ion battery, 83kWh, 1.5kWh, AC/240V DC Fast

Charge capable

Tires: Manufacturer’s standard radial to meet payload

Brakes: Power four-wheel anti-lock brakes

Steering: Power Assisted

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Options: Trailering Package/Trailer Hitch

Example Vehicles: Ford Mustang Mach-E; Chevrolet Equinox

2.5 Supplemental Category of Work Requirements and Responsibilities

2.5.1 Mercury and Products That Contain Mercury

All products or equipment provided pursuant to this solicitation shall be mercury-free products. The

Bidder/Offeror must submit a Mercury Affidavit in the form of Attachment J with its Bid/Proposal.

2.5.2 Green Purchasing

Contractors must comply with Maryland’s Green Purchasing Reporting Requirements. See the Green

Purchasing website for more information. Green Purchasing (maryland.gov)

The State of Maryland is committed to purchasing environmentally preferable products and services

(EPPs). Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.”

Accordingly, Bidders/Offerors are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

The State of Maryland reserves the right to request from the Contractor quarterly sales data over the life of this contract. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold on this price agreement per the contract specifications.

This information will enable Maryland State agencies to comply with Article §14–405 of the

Annotated Code of Maryland and COMAR 21.13.01.14, effective October 1, 2014, which requires

Maryland State agencies to report to the Department of General Services on their procurement of environmentally preferable products and services. To facilitate consistent reporting on targeted contracts, the Contractor will be provided with a VENDOR GREEN SALES REPORT template by the Maryland DGS.

2.5.3 Price Escalation

Not Applicable

2.5.4 Unit Prices

Should the Contractor be required to perform work over and above that required by the Contract documents, or should the Contractor be ordered to omit work required by the Contract documents, an equitable adjustment will be made to the Contract price. In determining the amount of any such extra to the Contractor, which is governed by unit prices, the amount of the extra will be the unit price bid/proposal by the Contractor or a reasonable price, whichever is less. In determining the amount of any such credit due the State, which is governed by unit prices, the amount of the credit will be the unit price bid/proposal by the Contractor or a reasonable price, whichever is greater. Unit prices quoted will be the same for extra work and for credit work and shall be the sum total compensation payable or creditable for such items of work, including all labor, materials, bailing, shoring, removal, https://dgs.maryland.gov/Pages/GreenPurchasing/Resources/Specifications.aspx

IFB for Department of General Services Page 15 of 33 overhead, profit, insurance, etc. The Procurement Officer will issue one or more Contract modifications to authorize any such additions or deletions of work.

2.5.5 Tax Exemption

The State 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.

2.5.6 Specifications Supplemental

All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in this solicitation.

2.5.7. Delivery and Acceptance

Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The State unilaterally may order in writing the suspension, delay or interruption of performance hereunder. The State reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The 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. The Bidder/Offeror shall promptly replace Rejected materials. The State reserves the right to purchase replacement materials in the open market.

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

2.5.8 EPA Compliance

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

Control Act of 1972, where applicable.

2.5.9. Occupational Safety and Health Act (OSHA)

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

2.5.10. 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 costs allowable, reasonable and allocable to the returned goods in accordance with

COMAR 21.09. Contractor must provide written proof of claimed costs. 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.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

Invoices that contain both fixed price and labor hour or time and material items shall clearly identify each item as either fixed price, and labor hour, or time and material billing.

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide 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.

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.

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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.

3.3.1 Invoice Submission Schedule

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

A. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.2 Deliverable Invoicing

A. Deliverable invoices shall be accompanied by a Deliverable Product Acceptance

Form (DPAF) signed notice(s) of acceptance issued by the State for all invoices submitted for payment. Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProdu ctAcceptanceForm-DPAFsample.pdf).

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

3.3.3 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 2 - Sample Contract.

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

Liquidated damages other than MBE are identified in Exhibit 2 – Sample Contract.

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

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 Contractor must provide, and thereafter, 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 and must include:

A. Contact information

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

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

D. 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;

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

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

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

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

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10)

Business Days after the start of each Contract year .

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.

3.5 Work Orders

The Blanket Purchase Order (BPO) issued as a result of this solicitation, and any subsequent amendments, modifications or options issued relevant to this solicitation or BPO, complies with all the terms, conditions and specifications issued with this solicitation and is incorporated in and made part of the Contract – see Exhibit 2 - Sample Contract.

3.6 Payments by Electronic Funds Transfer

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

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s

Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT)

Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD

X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA

DX10Form20150615.pdf.

3.7 Prompt Payment Policy

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

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

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and

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

(see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

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3.9 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR

21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code

Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

3.10.2 Non-Disclosure Agreement (Contractor)

A Non-Disclosure Agreement (Contractor) is not required for this procurement.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of

Maryland. See the Department of Labor, Licensing and Regulations website for Maryland

Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.12 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.13 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:

https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for Department of General Services Page 20 of 33

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

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

B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’

Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

C. 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.

3.13.2 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.

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

Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

3.13.5 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.

3.13.6 Subcontractor Insurance

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.

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference

(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.

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.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract

Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information

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

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

Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

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

In order to assure adequate accommodations at the Conference, please email the completed

Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the

Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

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

IFB for Department of General Services Page 22 of 33

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in 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.

4.4.1 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.

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

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

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

Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until…