BPM051330_-_Boiler_Room_Pump_Replacement_IFB.pdf

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STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY

CORRECTIONAL SERVICES

INVITATION FOR BIDS

FOR

MCIJ Boiler Room Heap Pump Repair

BPM051330

ISSUE DATE: 05/20/2025

SMALL BUSINESS PREFERENCE PROCUREMENT

This procurement has been designated for a small business preference under COMAR 21.11.01.05. The procurement agency will accept the most favorable responsive bid from a responsible small business (COMAR 21.01.02.01B(80)) if the bid of the small business does not exceed the most favorable responsive bid received from a responsible bidder who is not a small business by: (1) more than 5%; (2) more than 7% for a veteran-owned small business; (3) more than 8%for a disabled-veteran-owned small business;

or (4) the percentage otherwise identified in the solicitation as the small business preference.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED

TO RESPOND TO THIS SOLICITATION

SP 07.2017

NOTICE TO VENDORS

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Sheet below for contact information).

Title: MCIJ Boiler Room Heap Pump Repair

Solicitation No: BPM051330

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

( ) Other commitments preclude our participation at this time.

( ) The subject of the solicitation is not something we ordinarily provide.

( ) We are inexperienced in the work/commodities required.

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

( ) The scope of work is beyond our present capacity.

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

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

( ) Time allotted for completion of the Bid/Proposal is insufficient.

( ) Start-up time is insufficient.

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

( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky.

(Explain in REMARKS section.)

( ) MBE or VSBE requirements. (Explain in REMARKS section.)

( ) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section.)

( ) Payment schedule too slow.

( ) Other: __________________________________________________________________

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

REMARKS:

Vendor Name: ___________________________________________ Date: _________________________

Contact Person: _________________________________ Phone (____) _____ - ____________________

Address: ________________________________________________________________________________

E-mail Address: __________________________________________________________________________

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES

IFB KEY INFORMATION SUMMARY SHEET

Invitation For Bid:

Maryland Correctional Institution – Jessup (MCIJ) Boiler Room Pump Replacement

IFB Issue Date:

5/20/2025

Solicitation No.:

BPM051330

Issuing Office: Department of Public Safety and Correctional Services

Procurement Officer:

Lloyd Houston

(443) 469-9969 lloyd.houston@maryland.gov

Pre-Bid Conference:

Site Visit

May 28, 2025 2:00pm Local Time The Pre-Bid conference will be virtual.

Email the Procurement Officer to receive a meeting link.

June 04, 2025 at 10:00 am Local Time Site Visit Location:

Maryland Correctional Institution - Jessup 7803 Maryland House of Corrections Rd.

Jessup, Maryland 20794

To attend the site visit:

Contact Procurement Officer via Email no later than 30 May 2025 12:00pm Local Time.

Bid Submittal:

Bid Due Date and Time:

Submit on emma.maryland.gov 18 June 2025 2:00pm eMMA solicitation no.: BPM051330

SBR Designated:

Yes

ALL INQUIRIES PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED TO

THE PROCUREMENT OFFICER IDENTIFIED ABOVE.

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve procurement for which award is limited to certified small business vendors. Only businesses that meet the requirements set forth in State Finance and Procurement Article, §§14-501 - 14-505, Annotated Code of Maryland, and who are registered with the Department of General Services Small Business Reserve Program are eligible for award. For the purposes of a Small Business Reserve procurement, a small business is a for profit business, other than a broker, that meets the following criteria:

• Independently owned and operated.

• Not a subsidiary of another business.

• Not dominant in its field of operation.

AND

• Its wholesale operations did not employ more than 50 persons.

• Its retail operations did not employ more than 25 persons.

• Its manufacturing operations did not employ more than 100 persons.

• Its service operations did not employ more than 100 persons.

• Its construction operations did not employ more than 50 persons.

• The architectural and engineering services of the business did not employ more than 100 persons.

OR

• The gross sales of the wholesale operations of the business did not exceed an average of $4,000,000 in its most recently completed three fiscal years.

• The gross sales of the retail operations of the business did not exceed an average of $3,000,000 in its most recently completed three fiscal years.

• The gross sales of the manufacturing operations of the business did not exceed an average of $2,000,000 in its most recently completed three fiscal years.

• The gross sales of the service operations of the business did not exceed an average of $10,000,000 in its most recently completed three fiscal years.

• The gross sales of the construction operations of the business did not exceed an average of $7,000,000 in its most recently completed three fiscal years.

• The gross sales of the architectural and engineering services of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.

If a business has not existed for three years, the employment and gross sales average(s) is the average for each year or part of a year during which the business has been in existence.

Further information on the certification process is available at eMaryland Marketplace https://emma.maryland.gov/

SECTION 1 - SPECIFICATIONS

1.1 OBJECTIVE

The Maryland Department of Public Safety and Correctional Services (DPSCS or Department) is soliciting bids to procure the following:

Services – Replacement of one (1) Failed Heating Water Pump at the Maryland Correctional Institution – Jessup (MCIJ) 7803 House of Corrections Road, Jessup, MD 20794

1.2 BASIS OF AWARD

This procurement is being conducted under Small Procurement Regulations as set forth in Code of Maryland Regulations (COMAR) 21.05.07. The basis of award shall be the most favorable bid price.

In the event of tie bids, the provisions of COMAR 21.05.02.14 shall determine the successful bidder.

1.3 BID SUBMITTAL AND EVALUATION INFORMATION

All bids, affidavits, and/or responses to attachments shall be submitted through eMaryland Marketplace Advantage (eMMA) under the eMMA solicitation number listed on the Key Information Sheet. Bids shall be uploaded into eMMA by the due date and time for consideration.

Multiple or alternate bids will not be acceptable unless otherwise stated in the solicitation documents.

The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.02.13. All Bids will be ranked from the lowest (most favorable) to the highest (least favorable) price based on the Total Bid Price as submitted in its Bid.

When a procurement under COMAR 21.05.02 has been designated for a small business preference, the procurement officer shall accept the most favorable, responsive bid from a responsible small business if the bid does not exceed the most favorable responsive bid price received from a responsible bidder that is not certified as a small business by: (a) more than 5%; (b) more than 7% for a veteran-owned small business; (c) more than 8% for a disabled-veteran-owned small business.

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 for providing the goods and services as specified in this IFB.

1.4 eMaryland MARKETPLACE

Each Bidder is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number on the bid form at the time of its submission to this IFB.

In order to submit a bid and / or to receive a contract award, a vendor must be registered on eMM.

Registration is free. Go to https://emma.maryland.gov, click on “Register” to begin the process, and then follow the prompts.

1.5 SCOPE OF WORK / DETAILED SPECIFICATIONS

1.5.1 The DPSCS’s Maryland Correctional Institution – Jessup (MCIJ) Maintenance Department is requesting the following:

1.5.1.1 The Contractor is responsible for:

Executing all work as directed by the DPSCS designated on-site Representative, Contract Monitor (CM), or their Designee.

Furnishing all labor, materials, supervision, management, tools, and equipment necessary to remove the failed heating water pump and replace it with an equivalent new pump, including three (3) valves, flex connections, hardware, and associated materials. The office of the Division of Capital Construction and Facilities Maintenance (DCCFM) office will provide as-built documentation support upon request and availability.

1.5.1.2 All work is to be done during normal work hours (7:00 AM – 3:00 PM).

1.5.1.3 Vendor shall:

a) Provide all necessary materials:

1. Equivalent New Pump

2. Valves (3)

3. Flex Connections and associated hardware

b) Remove failed pump and associated hardware.

c) Install new pump with all associated hardware, including valves (3).

d) Work is expected to be completed within thirty (30) work days from NTP.

1.5.1.4 Warranty:

The contractor shall warrant all newly installed parts, which they provide, for one year or for the manufacturer’s warranty period, whichever is longer. The Contractor shall warrant workmanship (labor) for a period of ninety (90) days.

1.5.1.5 Contractor’s On-Site Representative:

The Contractor, or an individual who represents the contractor, is required to remain on-site at all times when the work is in progress and is responsible for the entire project.

1.5.1.6 Terms of Contract:

The term of this contract shall begin within seven days after written notice of award is issued by the Procurement Officer and shall be completed within thirty (30) work days. A service ticket will be submitted each day contractor works at MCIJ.

1.5.1.7 Security Provisions:

All security requirements established by the Using Agency for its facility shall become a part of these specifications. It shall be the Contractor's responsibility to comply with any special security provisions.

1.5.1.8 Work Hours (Generals repairs/Installations):

Working hours are between 7:00am and 3:00pm. Working past 3:00pm will need approval before any overtime is used. Due to the nature of the service provided by the Department even though a service may be pre-scheduled there may be occasion when the vendor will not be allowed into the institution due to unforeseen security problem. The agency will attempt to notify the contractor prior to their arrival of the problem, however if the agency cannot reach the contractor prior to scheduled service the contractor will be reimbursed for a maximum of one-hour labor only.

1.5.1.9 The Contractor shall maintain a current active State of Maryland Master Electrician License.

1.5.1.10 All work shall be in accordance with requirements of all local codes and regulations of authorities having jurisdiction over this work. In addition, all work shall conform to the requirements of the latest editions of the following codes and Regulations:

a) Life Safety Code (NFPA 101)

b) Basic National Building Code (BOCA)

c) National Fire Protection Association

d) National Electrical Code

e) National Electrical Safety Code (NESC-ANSI C2)

f) American National Standards Institute (ANSI)

g) Underwriters Laboratories INC. (UL)

1.5.1.11 Cleaning Up:

The contractor shall at all times keep the construction area including storage areas used by them free of accumulation of waste material or rubbish and prior to completion of the of the work remove any rubbish from the premises and all tools, scaffolding, equipment, and materials not the property of the State of Maryland. Upon completion of the construction, the contractor shall leave the work and premises in a clean, neat and workmanship condition satisfactory to the Maintenance Supervisor or his designee.

1.5.1.12 Designated facilities that are part of Department of Public Safety and Correctional Services are locked facilitates, and as such, they have strict security guidelines. The Contractor shall obtain a complete set of security guidelines from the Security Chief of the facility, or from their designee, and shall comply with the guidelines. Failure to comply may be grounds for termination of the Contract for default.

1.5.1.13 The Security Chief or their designee, reserves the right to modify security procedures at any time and without provision of prior notice. Particularly to be noted are the following:

a) All persons entering or leaving the facility shall be subject to security procedures. This includes all workers and staff of the Contractor and Subcontractor(s), including those workers and staff of Contractor and Subcontractor(s) who will be on site for one day or less. The contractor shall allow time for compliance with these procedures when formulating his/her work schedule.

b) All workers and staff of the contractor and subcontractor(s) shall have an identification badge / wrist band issued by the facility before they are permitted to work in the facility.

The badge/wrist band shall be worn at all times and shown to security officials each time an individual enters or leaves facility. Individuals without the proper identification badge or I.D. will not be granted admission into the facility. Individuals without the proper identification badge will not be granted admission into the facility. The Owner shall bear no responsibly for delay claims due to an inadequate work force.

c) All workers and staff of the Contractor and Subcontractor(s) who will be working within the facility shall be subject to a security background check. The Contractor shall submit a list of all workers and staff of the contractor and subcontractor(s) who will be working within the facility to the Maintenance Manager or their designee, who will than turn over to Security Chief for approval. Contractors will along least two (2) weeks to submit paper work before work initiation. Base on the security background check, the facility may prohibit any individual person from working on the project.

d) All workers and staff of the contractor and subcontractor(s) who will be working within the facility shall provide identification to the Security Chief/Maintenance Manager for the security background check. Each person shall provide at least one identification document that has a photo ID picture. Acceptable identification consists of, but it’s not limited to the following; Driver’s License, Social security card, immigrant worker identification card, military identification card, or passport.

e) Lost identification badges/wrist bands shall be reported immediately in writing to the Security Chief / Maintenance Manager. Replacement of identification badge will be at Contractors Expense and Owners convenience.

f) All worker identification badges/wrist bands are property of the facility and shall be returned by the Contractor to the facility at the end of the day or project.

g) The possession and or use of alcohol, drugs, tobacco (in any form whatsoever) is strictly forbidden.

h) No weapons will be allowed on site.

i) Papers, telephone, cameras, or tape may be used by permission only, but shall be secured and locked safety away when not in use.

j) Glass containers shall not be used nor brought on job site.

k) The Contractor and all workers and staff of the Contractor and Subcontractor(s) shall NOT have any contact with inmates within the facility.

l) Under no circumstances shall any items be transmitted to inmates or left where inmates could gain possession. Particularly to be noted are the following items:

1. Drugs

2. Money

3. Notes

4. Any item that could be used as a weapon

5. Cigarettes, and any other tobacco products

6. Matches, lighters and similar devices

m) All persons entering the facility shall follow the dress code established by the Security Chief of the facility.

n) The Contractor shall advise employees to leave all personal property outside the facility.

o) All equipment, material and supplies shall be stored in the area and in a manner designated by the Security Chief or their designee. Each supply / equipment gang box shall be secured and inventoried daily at the beginning and end of shift. Copies of the inventory list shall be generated in triplicate with one copy going to Security Chief or their designee, one copy to remain in gang box and one copy for the Contractor use.

p) All tools and equipment shall be labeled according to directives given by the Security Chief or their designee at Pre Constructing Meeting. The Contractor shall keep track of all tools, equipment, and supplies especially those items that the facility classifies as Class A Sharps, per security policies and procedures. Items include but not limited to razors, Knives, scrapers, screwdrivers, chisels, etc. All damaged and disposable items may only be discarded after the end of shift inventory has been completed. These damaged or disposable items are to be taken out of facility for disposal.

q) All extension cords, ropes, cords, or wires brought onto the job site shall be individually marked and inventoried daily according to their identification markings, their length, and color of their insulations or coating.

r) No spray glue, flammable aerosol sprays, or other flammable products are to be brought onto job site without the expressed written permission of the Security Chief or their Designee.

s) Vehicles may be brought into the facility only if approved by the Security Chief or their designee. Vehicles shall be kept locked and secured at all times, except when actually in use.

1.5.2 This is a “firm fixed price contract” meaning a fixed price contract that provide a price that is not subject to adjustment because of variations in the contractor’s cost. The Department does not guarantee a minimum or maximum number of units during the performance of this Contract.

1.5.3 Contract will remain in effect for the time period and quantity specified unless the contract is terminated by the State for default or for convenience. The State may terminate the contract for convenience in accordance with COMAR 21.05.07.06.G(8).

1.5.4 Any item listed herein not delivered in a timely manner or which does not conform to the requirements of the contract, may be purchased on the open market by the Department. The Contractor will be charged for any product cost incurred by the State that is in excess of the contracted price

1.6 INVOICING AND PAYMENTS

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.

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.

All invoices are to be submitted to the following address:

Maryland Correctional Institution-Jessup 7803 House of Correction Road

Jessup, Maryland, 20794 Attn: Maintenance Department

Major Jite Eregha Contract Monitor

E-MAIL ADDRESS: jite.eregha@maryland.gov

1.7 NO BID NOTICE

The Department is committed to providing solicitations that are readily and easily responded to. If you choose not to respond to this solicitation, please fill out the form provided in this solicitation and email it to the Procurement Officer indicated in the key information sheet. We will review your responses and suggestions.

SECTION 2 – MANDATORY TERMS AND CONDITIONS

2.1 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and amendments thereto will be made a part of the final contract which will be in the form of a blanket purchase order (“BPO”) or purchase order (“PO”). See Section 2.16. By submitting a bid in response to this solicitation, the Bidder, if selected for award as the Contractor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO.

2.2 TAX EXEMPTION

The Department is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

2.3 SPECIFICATIONS

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

2.4 INSURANCE REQUIREMENTS

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

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

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.

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

All insurance policies shall be endorsed to include a clause requiring the insurance carrier 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.

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

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

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

2.5 DELIVERY AND ACCEPTANCE

2.5.1 Delivery shall be made in accordance with the solicitation specifications. The Department, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The Department unilaterally may order in writing the suspension, delay or interruption of performance hereunder.

2.5.2 The Department reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Unless otherwise stated in the specifications, materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced.

2.5.3 The Department reserves the right to purchase replacement materials in the open market.

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

2.5.4 If the Contractor fails to make delivery in accordance with its quoted time frame, and the Department is required to obtain the needed goods or services on the open market, the Contractor shall be liable for any excess costs to the Department.

2.6 INTELLECTUAL PROPERTY

Contractor agrees to indemnify and save harmless the State, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this Contract.

2.7 MARYLAND LAW PREVAILS

The law of Maryland shall govern the interpretation and enforcement of this Contract.

2.8 CHANGES

This Contract may be amended only with the written consent of both parties. Amendments may not significantly change the scope of the Contract (including the Contract price).

2.9 DISPUTES

Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

2.10 TERMINATION FOR NON-APPROPRIATION

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

2.11 TERMINATION FOR DEFAULT

If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination.

Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

2.12 TERMINATION FOR CONVENIENCE

The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

2.13 NONDISCRIMINATION

The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

2.14 ITEMS OF MERCURY CONTENT

To the extent this solicitation is for products that may contain mercury, there is a price preference for products that are mercury free. The price preference shall not exceed 5 percent of the bid price for products that are mercury free or for products containing the least amount of mercury.

2.15 COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that:

2.15.1 It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

2.15.2 It is not in arrears with respect to the payment of any monies due and owing the State of

Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;

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

2.15.4 It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

2.15.5 The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

2.16 BID AFFIDAVIT

Each bidder shall execute and attach to the bid or proposal the affidavit included with this solicitation.

2.17 BLANKET PURCHASE ORDER (BPO)/ PURCHASE ORDER AS CONTRACT

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

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

2.17.3 As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the Maryland Department of Public Safety & Correctional Services.

2.17.4 The bidder’s execution and submission of a responsive bid constitutes a promise by the bidder to perform the contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period of 30 days or for such longer period as the bidder and the Department may agree.

2.17.5 Upon acceptance of a bid, the Procurement Officer may issue a Purchase Order (PO) and/ or

Blanket Purchase Order (BPO), in a form to be determined by the Department which substantially contains the terms and conditions of the solicitation. The PO/BPO constitutes the State’s acceptance of the bid and binds the bidder to a contract. The execution and issuance of a PO and/ or BPO by the Procurement Officer, subject to all necessary approvals, shall constitute acceptance of the bid and final award of the contract. The contract shall consist of the executed PO and/or BPO issued by the Procurement Officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the PO and/or BPO, the bid, or by operation of law, and the executed bid of the bidder. If the Procurement Officer issues a PO and/ or BPO, at the option of the Procurement Officer it will not be necessary for the bidder to execute the PO and / or BPO or any other form of contract or agreement. The bidder understands and agrees that the terms and conditions of the BPO/PO may not be waived. The Procurement Officer may require that the parties both execute a single document as the embodiment of the contract between the parties.

2.17.6 In the event of a conflict between provisions of the contract documents, the controlling provisions shall be, in the following order, those of:

i. the PO and/ or BPO; then

ii. the solicitation; and then

iii. the bid.

2.18 RETURNED GOODS

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to actual unreimbursed costs incurred by the Contractor including, but not limited to, restocking charges, shipping charges, plus reasonable profit. Contractor must provide written proof of claimed compensation. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.

2.19 ANTI-BRIBERY

The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

2.20 REGISTRATION OF FOREIGN CORPORATIONS

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the annotated Code of Maryland, corporations not incorporated in the State of Maryland shall be registered with the State Department of Assessments and Taxation, 301 W. Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.

2.21 CONTINGENT FEE

The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employer agency, any fee or other consideration contingent on the making of this agreement.

2.22 EPA COMPLIANCE

Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.

2.23 OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.)

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

2.24 PRE-EXISTING REGULATIONS

The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this contract are applicable to this contract.

2.25 INDEMNIFICATION

The State shall not assume any obligation to indemnify, hold harmless, or pay attorney’s fees that may arise from or in any way be associated with the performance or operation of this agreement.

2.26 ADDITIONAL QUANTITIES

The State reserves the right to solicit separate bids if a particular quantity requirement arises which exceeds the State’s normal requirements as provided in the solicitation or exceeds an amount specified in this contract.

2.27 NEW MATERIALS

All items shipped pursuant to this Purchase Order shall be new, never previously used, and the current model of the item unless specifically stated otherwise in this contract.

2.28 ASSIGNMENT

This Purchase Order and the monies which may become due hereunder are not assignable except with the prior written approval of the Procurement Officer.

2.29 DRUG AND ALCOHOL FREE WORKPLACE

The contractor warrants that the contractor shall comply with COMAR 21.11.08 Drug and Alcohol Free Workplace, and that the contractor shall remain in compliance throughout the term of this Purchase Order.

2.30 COMMERCIAL NONDISCRIMINATION POLICY

2.30.1 As a condition of entering into this Purchase Order, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under State Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Purchase Order and may result in termination of this Purchase Order, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is no enforceable by or for the benefit of, and creates no obligation to, any third party.

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

2.30.3 As a condition of entering into this Purchase Order, upon the request of the Maryland

Commission on Human Relation, an only after the filing of a complaint against Contractor under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contract on each subcontract or supply contract.

Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State’s Commercial Nondiscrimination Policy as set forth under State Finance and

Procurement Article, Title 19, Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Purchase Order and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

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ATTACHMENT A – BID SHEET

CONTRACTOR’S NAME:

CONTRACTOR’S FEDERAL ID NO.:

CONTRACTOR’S ADDRESS:

CONTACT PERSON’S NAME:

CONTRACTOR’S TELEPHONE NO.:

CONTRACTOR’S EMAIL ADDRESS:

CONTRACTOR’S MBE/ SBR NO.:

Vendor shall furnish all labor, materials, supervision, management, tools and equipment necessary to remove failed heating water pump and replace with equivalent new pump, valves (3), flex connections, hardware and associated materials in accordance with the Scope of Work. The Total Contract Price shall include all direct and indirect prices.

Total Contract Price: $

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

Representing the above Company

SIGNATURE*

Print Name & Title Date

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

THE MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES

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

ATTACHMENT B – BID/ PROPOSAL AFFIDAVIT

BID/PROPOSAL AFFIDAVIT

I HEREBY AFFIRM THAT:

I (print name) _____________________ possess the legal authority to make this Affidavit.

A. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in §19- 103 of the State Finance and Procurement Article of the Annotated Code of Maryland.

“Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. Certification Regarding Minority Business Enterprises.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, §14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.

B-2. Certification Regarding Veteran-Owned Small Business Enterprises. The undersigned bidder hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, §14-605, Annotated Code of Maryland, which provides that a person may not:

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;

(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran– owned small business enterprise in order to obtain or retain a bid preference or a procurement contract;

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.12; or

(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of §B-2(1)— (5) of this regulation.

B. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

C. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the

Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)— (5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract;

(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract;

(9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code:

(a) §7201, Attempt to Evade or Defeat Tax;

(b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax,

(c)…