BPM049082__FM_Supplemental.pdf

Facilities Maintenance Supplemental Effective Date: July 2024

Facilities Maintenance Supplemental for BPM049082 This supplemental contains additional requirements under Section 2 of the solicitation.

1. Security Requirements The following requirements are applicable to the Contract:

1.1. 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.

1.2. Security Clearance / Criminal Background Check

The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

A security clearance is not required for Contractor Personnel.

A. A criminal background check for each Project Manager shall be submitted at the request of the Procurement Officer.

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.

C. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

1.3. On-Site Security Requirement(s)

a) For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas and may be barred from entrance or exit until such time that the State’s conditions and queries are satisfied. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

Facilities Maintenance Supplemental Effective Date: July 2024

2) Some State sites, especially those premises of the Department of Public Safety and Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have an inventory of tools being brought onto a site and be prepared to present the inventory, as well as the tools or equipment, to the State staff or an officer for review and inspection. Before leaving the site, the Contractor Personnel may again be required to present the inventory list and the tools or equipment for inspection. Upon both entering and exiting the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

b) Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the Department of General Services may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the Department of General Services.

c) Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

2. 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.

3. Substitution of Personnel

If the solicitation requires that a particular individual or personnel be designated by the Bidder/Offeror to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

4. Department of Human Services (DHS) Hiring Agreement All Bidders/Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder/Offeror will be required to complete a DHS Hiring Agreement. A copy of this Agreement is included as Attachment U. This Agreement must be provided within five (5) Business Days of notification of recommended award.

5. Green Purchasing

Contractors must comply with Maryland’s Green Purchasing Reporting Requirements. See the Green Purchasing website for more information. Green Purchasing (maryland.gov) https://dgs.maryland.gov/Pages/GreenPurchasing/Resources/Specifications.aspx

Facilities Maintenance Supplemental Effective Date: July 2024

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.

6. Department of Environment (MDE) Green Purchasing Reporting Requirements

The Contractor(s) shall be required to provide additional report data. The information on this required report/program is here -https://mde.maryland.gov/programs/LAND/RecyclingandOperationsprogram/Pages/allStar.aspx

An annual report shall be submitted by the Contractor(s), due for the previous calendar year by February 1st. for recycling services at all locations shall include the following:

Location – Name and Address Type of Container Number of Containers Size of Containers Frequency of Pick-Ups Tonnage of Trash per year Tonnage of Recycling per year

See the attached Excel spreadsheet named MDE Recycle Trash Tonnage Report Template.

7. Electronic Transaction Fee

a. The Contractor shall pay an Electronic Transaction Fee to the State in the amount of one percent (1%) of the total Contract sales. The Electronic Transaction Fee is calculated based on all sales transacted under the Contract, minus any returns or credits. The Electronic Transaction Fee shall not be charged directly to the customer, e.g., as a separate line item, fee or surcharge, but shall be included in the Contract’s unit prices.

https://mde.maryland.gov/programs/LAND/RecyclingandOperationsprogram/Pages/allStar.aspx

Facilities Maintenance Supplemental Effective Date: July 2024

b. The Electronic Transaction Fee shall be submitted to the Office of State Procurement, Fiscal Services Division, 301 W. Preston Street, Room 1309 Baltimore, MD, 21201 no later than forty-five (45) calendar days after the end of each reporting period along with a Monthly Usage Report documenting all Contract sales. An Excel version of the Monthly Usage Report shall be emailed to dgs.statewidecontractsusagereport@maryland.gov.

c. Failure to transaction fees in a timely manner or remittance of fees inconsistent with the Contract’s requirements may result in the State exercising all recourse available under the Contract including, but not limited to, a third-party analysis of all Contract activity.

d. Prior to Award, Contractors will be asked to confirm in writing that their unit prices include the one percent (1%) Electronic Transaction Fee.