BPM055456 - SW Food Service Products, Disp_Comp and Non-Disp_Comp.pdf

SW Food Service Products – Disposable and Compostable and

Non-Disposable and Compostable

BPM055456 / 001IT821540

IFB Document

IFB for Department of General Services Page 1 of 34

STATE OF MARYLAND

OFFICE OF STATE PROCUREMENT

(OSP)

DEPARTMENT OF GENERAL SERVICES

(DGS)

INVITATION FOR BIDS (IFB)

STATEWIDE FOOD SERVICE PRODUCTS – DISPOSABLE AND

COMPOSTABLE AND NON-DISPOSABLE AND COMPOSTABLE

IFB NUMBER BPM055456 / 001IT821540

ISSUE DATE: SEPTEMBER 9, 2026

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/

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 34

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Commodities – Food Service Products - Disposable and Compostable and

Non-Disposable and Compostable

Solicitation

Number:

BPM055456 / 001IT821540

IFB Issue Date: September 9, 2026

IFB Issuing

Office:

Department of General Services, Office of State Procurement

(DGS OSP)

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 BPM055456

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:

September 21, 2026, 10:00 am Local Time

Google Meet joining info

Video call link: https://meet.google.com/kuw-uenu-ovj

Or dial: 3019-800-(US) +1 941 PIN: 769 513 309#

See Section 4.3 for additional details.

See Appendix 1 to RSVP by September 18, 2026

Scheduled Site

Visit N/A

Questions Due

Date and Time:

September 28, 2026, 2:00 pm Local Time via eMMA

IFB for Department of General Services Page 3 of 34

Bid Due (Closing)

Date and Time:

October 7, 2026, 2:00 pm Local Time via eMMA

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).

Public Bid

Opening Date, Time, and

Location

Via eMMA

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:

_____% for African-American MBEs;

_____% for Asian-American MBEs;

_____% for Hispanic-American MBEs; and

_____% for Woman-Owned MBEs.

VSBE

Subcontracting

Goal:

Not Applicable

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:

Five (5) years.

Primary Place of

Performance:

Statewide

SBR Designation: No

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Federal Funding: No

IFB for Department of General Services Page 5 of 34

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..................................................... Error! Bookmark not defined.

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 ...... Error! Bookmark not defined.

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition ......................................................... Error! Bookmark not defined.

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

IFB for Department of General Services Page 6 of 34

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

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)

IFB for Department of General Services Page 7 of 34

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’ experience in providing the products as specified herein.

B. Bidders shall submit certificates attesting that the Food Service Products - Disposable and

Compostable bid meets or exceeds the material specifications as required under Section

2.3.4 – Material Composition, Paragraph B.

C. 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.

IFB for Department of General Services Page 8 of 34

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 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”): to obtain a source of supply for Food Service Products as identified as both

Disposable and Compostable and Non-Disposable and Compostable per Section 2.3 –

Contractor Responsibilities and Tasks at a firm fixed price. While it is the intent of the

State to utilize any contract(s) made from this IFB for Food Service Products, Disposable and Compostable, Bidder(s) shall also provide non-Disposable and Compostable Food

Service Products. 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.

2.1.2 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 contract is to obtain an Indefinite Delivery Indefinite Quantity (IDIQ) supply of

Disposable and Compostable as well as non-Disposable and Compostable Food Service Products as specified herein. The successful bidder(s) shall be responsible for ensuring the products provided meet or exceed the specifications and certifications listed herein. The State reserves the right to inspect each delivery prior to acceptance by the ordering agency for compliance with the specifications. Inspection may be made by an authorized representative of the State at the source of supply, point of delivery, or both.

Disposable and Compostable Food Service Products purchased from this agreement shall be in accordance with the minimum standards for environmentally preferable food service supplies set forth by the State of Maryland under COMAR 21.11.07.09(A).

For the purposes of this IFB, the term “Disposable and Compostable” shall refer to the material composition and specifications as defined in Section 2.3.5 – Material Composition, Food Service

Products, Paragraphs A – E.

Authorized Users may place orders with any awarded Contractor. In selecting a Contractor, Authorized Users shall consider factors including, but not limited to, product availability, delivery timeline, and total cost to the State.

No priority of award is established among Contractors.

2.2.1 Orders

A. The State does not guarantee any minimum or maximum orders placed against the awarded contract(s). Orders shall be made on an as-needed basis.

B. Deliveries shall be completed within fourteen (14) days after receipt of the order. Should the contractor fail to meet the required delivery, the ordering agency may purchase a product of equal quality on the open market and charge the contractor the difference between the purchase price and the contract.

https://regs.maryland.gov/us/md/exec/comar/21.11.07.09#A

IFB for Department of General Services Page 9 of 34

C. The State cannot provide a comprehensive list of all agencies who may utilize the awarded contract(s); however, historically, the most frequent State departments or agencies that require such products are the Department of Health, Department of Juvenile Services, Department of Public Safety and Corrections, Maryland School for the Deaf, State

Department of Education, and the University of Maryland, College Park.

D. Products shipped shall be in a packing cushion of recycled, recyclable, and/or biodegradable materials whenever possible.

E. The State of Maryland Purchasing Card (P-Card) shall be accepted for purchases made against this contract within the delegated limitations of the ordering agency. Purchase Orders issued are the preferred method of ordering and shall also be accepted.

F. At any time, the State and/or the ordering agency reserves the right to periodically request certification updates for products deemed to meet the specifications in Section 2.3.4 –

Material Composition, Food Service Products.

G. Food Service Products, Disposable and Compostable, and Non-Disposable and Compostable products which meet the Specifications in Section 2.3 – Contractor Responsibilities and

Tasks shall be clearly labeled under their correct categorization in all catalogues, online platforms, and any place orders are made from.

2.3 Contractor Responsibilities and Tasks

The specifications below are in regards to Disposable and Compostable and non-Disposable and Compostable food service products.

2.3.1 Food Service Products

The categories below have been identified as the most requested throughout the State and identified by the Maryland Green Purchasing Committee under the Approved Specifications for Food Service Supplies as having Disposable and Compostable properties:

1. Bowls

2. Clamshells

3. Cloth Towels

4. Containers

5. Cup Lids

6. Cups

7. Food Coverings

8. Food Service Gloves

9. Food Storage Bags

10. Food Waste Bags

11. Napkins

12. Paper Bags

13. Plates

14. Straws

15. Towels

16. Trays

17. Utensils

18. Wraps

IFB for Department of General Services Page 10 of 34

2.3.2 Method of Bidding

A. On Attachment B – Price Bid Form, Bidders shall select the Product Type(s) they are able to provide from the dropdown menu in Column B. Bidders are to provide this information for both Disposable & Compostable Food Service Products and Non-Disposable & Compostable

Food Service Products.

B. Bidders shall enter the following information under the appropriate columns:

a. Column C – Brand Name/Manufacturer. Bidder shall specify the brand name and/or manufacturer of the product as specified under Column B.

b. Column D - Product Identification/SKU. Bidder shall specify the product’s identification or SKU number assigned to that product.

c. Column E – Product Size/Weight/Other. Bidder shall provide the appropriate information for the product as specified under Column B. For Example: If Column B specifies Cups, the size of 8 oz. would be provided.

d. Column F – Unit of Measurement (UoM). Bidder shall provide the units in which the identified products are available in, i.e.: case; pallet; single item.

e. Column G – Quantity per Unit of Measurement (UoM). The quantity of the identified product per the UoM, i.e.24 cups per case.

f. Column H – MSRP per Unit of Measurement. Bidder shall enter the Manufacturer’s

Suggested Retail Price of the item, per the UoM.

g. Column I – Discount off MSRP. Bidder shall propose their percentage off the MSRP being offered.

h. Column J – Final Price. Bidder shall confirm the final price of the identified product, the MSRP minus the percentage off being offered.

i. Column K – Certification Type. Where applicable, Bidder shall identify the applicable certification(s) of the product in accordance with Section 2.3.5 Material

Composition, Paragraph F. (Not applicable on Non-Disposable & Compostable

Food Service Products tab.)

j. Column L – Recycled Content Type. Bidder shall provide, where applicable, the amount of content of the proposed product is comprised of recycled material(s). (Not applicable on Non-Disposable & Compostable Food Service Products tab.)

k. Column M – Other Environmental Certifications. Where applicable, Bidder shall provide any additional certifications of the proposed product which are not listed under Section 2.3.5 Paragraph F, but may be certified under Section 2.3.5, Paragraph G, or other industry standard. (Not applicable on Non-Disposable &

Compostable Food Service Products.)

2.3.3 Prohibited Items

A. The prohibited items below apply to both Disposable and Compostable and Non-Disposable and Compostable products.

B. Pursuant to Environment Article §§9–1901–1907, the Contractor shall not sell or offer any package or packaging components, (e.g. inks, dyes, pigments, adhesives or any other additives,) with lead, cadmium, mercury or hexavalent chromium at concentration levels exceeding one hundred (100) parts per million by weight or 0.01%.

C. Pursuant to Environment Article §§6–1201–1204, certain products containing more than one-tenth of one percent (1%) of pentaBDE, (pentabrominated diphenyl ether,) octaBDE, https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=9-1901&enactments=false https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=6-1201&enactments=false

IFB for Department of General Services Page 11 of 34

(octabrominated diphenyl,) or decaBDE (decabrominated diphenyl ether) by mass is prohibited.

D. Pursuant to COMAR 21.11.07.07, all procurement agencies shall give a preference to procuring products and equipment which are mercury-free. If mercury-free products and equipment which meet the agency’s product performance requirements are not commercially available, the procurement agency shall give preference under this regulation to products containing the least amount of mercury necessary to meet performance standards. See

Attachment J – Mercury Affidavit.

E. Pursuant to § 9-2203(B) of the Environment Article of the Annotated Code of Maryland, the sale or provision of expanded polystyrene food service products by a food service business or school is banned in the State of Maryland.

F. Pursuant to § 9-1902(d) of the Environment Article of the Annotated Code of Maryland, food or food packaging component with internationally added PFAS is prohibited.

2.3.4 Disposable & Compostable Food Service Products, Product Recommendations

A. For a product to be classified as an environmentally preferable product by the State of

Maryland, it shall:

a. Fall within one (1) of the five (5) categories listed in Section 2.3.5 – Material

Composition and comply with the related requirements; and,

b. Where applicable, comply with the requirements listed in Section 2.3.6 – Chemicals of Concern

2.3.5 Disposable & Compostable Food Service Products, Material Composition

A. Reusable

a. All food service supplies, including plates, bowls, cups, trays, glasses, straws, stirrers, and utensils, shall meet or exceed the following criteria in order to be considered an environmentally preferable product:

i. Be manufactured of durable materials to withstand factors such as temperature and transportation;

ii. Be specifically designed and manufactured to be washed and sanitized for repeated use of at least one thousand (1,000) times.

iii. Be safe for commercial washing and sanitizing in accordance with the

Maryland Department of Health regulations, COMAR 10.15.03.16.

B. Compostable

a. Food service supplies, except paper napkins and paper towels, shall meet the following criteria in order to be considered an environmentally preferable compostable product:

i. Be certified by the Biodegradable Products Institute (BPI,) or equivalent, for commercial compostability. While BPI, as the primary commercial compostability certifier in the United States, is preferred, Vincotte, OK

Compost and DIN CERTO shall be accepted; or

ii. Appear on the Compost Manufacturers Alliance list or are certified compostable under Canada’s Bureau de Normalisation du Quebec or appear on Cedar Grove’s accepted items list and have no more than one hundred

(100) parts per million fluorine.

https://dsd.maryland.gov/regulations/Pages/21.11.07.07.aspx https://dsd.maryland.gov/regulations/Pages/10.15.03.16.aspx

IFB for Department of General Services Page 12 of 34

C. Recycled Content

a. Food service supplies shall meet the following minimum requirements in order to be considered an environmentally preferable recycled-content product:

i. Fiber-based products (e.g. paper, sugarcane, wheat straw, etc.,) excluding paper towels:

1. Shall contain a minimum of twenty percent (20%) post-consumer recycled content or one hundred percent (100%) total recycled content;

ii. Plastic products:

1. Shall contain a minimum of twenty percent (20%) post-consumer recycled content or one hundred percent (100%) total recycled content;

iii. Aluminum foil shall:

1. Contain one hundred percent (100%) total recycled content

D. Polyvinyl Chloride (PVC) Free

a. Food service supplies, including gloves, shall be free of PVC.

E. Contain Sustainably Harvested Content and/or Other Environmental Attributes

a. Food service supplies shall meet the following criteria for sustainably harvested content or possess one of the ecolabel certifications listed below in order to be considered an environmentally preferable product:

i. Paper, wood, or agricultural fiber certified by the Forest Stewardship Council

(FSC) as sustainably harvested;

ii. Paper or agricultural fiber products manufactured entirely with chlorine-free processing, meaning no chlorine or chlorine compounds were used in the manufacture of the products; or

iii. Paper napkins and paper towels which are Green Seal or UL ECOLOGO certified.

F. Products which meet the criteria above shall be certified by one (1) of the following and shall be designated as such on Attachment B – The Price Form. Proof of the applicable certifications shall be submitted with the Bid.

a. BPI

b. Compostable Manufacturers Alliance

c. DIN Certo

d. Vincote OK Compost

G. Additional certifications/verifications are considered acceptable and shall be included in the

Bid.:

a. Applicable URL address to the appropriate certifying agency;

b. The UL SPOT website;

c. The Ecomedes website; or

d. The SASD website.

H. Products with certifications other than the above listed shall be noted in the appropriate column on Attachment B – The Price Bid Form.

https://spot.ul.com/ https://products.ecomedes.com/ https://spl.mendixcloud.com/index.html

IFB for Department of General Services Page 13 of 34

2.3.6 Chemicals of Concern

A. In addition to meeting or exceeding Maryland’s Toxic in Packaging Law, food service supplies which fall within one of the categories listed below shall meet the following criteria in order to be considered an environmentally preferable product:

a. Food service containers and wrappers:

i. Shall not contain any intentionally added perfluorinated chemicals, formaldehyde, bisphenols, (e.g. BPA) and phthalates.

2.3.7 Food Service Supplies, Shipping Recommendations

A. To promote fuel efficiency and reduce greenhouse gases and air pollution, the Contractor is encouraged to use a SmartWay Transport/Carrier Partner for the shipment or transport of products. A list of SmartWay Transport partners may be found at:

https://www.epa.gov/smartway/smartway-partner-list

2.3.7 Electronic Transaction Fee

A. No later than forty-five (45) calendar days after the end of each monthly reporting period, the Contractor shall remit to the State an electronic transaction fee equal to one percent (1%) of the total approved invoice amount for all accepted goods and services provided under the Contract during the applicable reporting period. The Contractor shall calculate the fee on the gross invoice amount, less any returns or credits. The

Contractor may not charge the electronic transaction fee directly to a customer or identify it as a separate line item, fee, or surcharge on any invoice, and shall incorporate the fee into the Contract’s unit prices. For example, if the total approved invoice amount for a reporting period equals $10,000, the Contractor shall remit an electronic transaction fee of $100.

B. The Contractor shall submit the electronic transaction fee for the applicable reporting period by one of the two methods below:

1. via ACH: To send ACH payments, the Contractor must fill out the GAD X-

10 Form and submit it to the Comptroller at GADACH@marylandtaxes.gov.

All ACH payments must include a note in the comments section that the payment is for

“DGS 1% Fee.”

2. by check to the Office of State Procurement at the following address:

Department of General Services, Fiscal Services Division

301 W. Preston Street, Room 1309

Baltimore, MD 21201

ATTENTION: For the Office of State Procurement

C. Simultaneously with the payment of the fee, the Contractor shall email Appendix 5 –

Monthly Usage Report, documenting all accepted goods or services for the reporting period to: dgs.statewidecontractusagereport@maryland.gov.

D. If the Contractor fails to timely and accurately remit the electronic transaction fees, the

State shall determine that the Contractor is in default under the Contract.

https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=9-2102&enactments=False&archived=False https://www.epa.gov/smartway/smartway-partner-list https://www.marylandcomptroller.gov/content/dam/mdcomp/md/state-accounting/forms/GADX10Form.pdf https://www.marylandcomptroller.gov/content/dam/mdcomp/md/state-accounting/forms/GADX10Form.pdf https://www.marylandcomptroller.gov/content/dam/mdcomp/md/state-accounting/forms/GADX10Form.pdf mailto:GADACH@marylandtaxes.gov

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2.4 Maryland’s Green Purchasing Reporting Requirements

A. The Contractor shall submit quarterly sales date to the State of the life of this contract. This information shall include details about the recycled content, third party sustainability certifications and other environmental attributes of products and services provided under the contract.

To facilitate consistent reporting, the Contractor shall use a standardized Vendor Green

Sales Report template, a sample of which is included herein as Appendix 6 – Green

Purchasing Report Template.

By submitting a response to this solicitation, the Bidder acknowledges to submitting the quarterly Vendor Green Sales Report to the State. Any vendor who fails to submit the quarterly report may be found as out of compliance and therefore may receive a cure notice from the Procurement Officer.

B. Environmental Claims – All environmental benefit claims made by the Contractor concerning products or services offered on this contract must me consistent with the

Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims.

2.5 Legislation, Statutes and Regulations

A. Verifying Environmental Claims (State Finance and Procurement Article §14–410(g)):

“A bidder or offeror for a procurement contract shall certify in writing that any claims of environmental attributes made relating to a product or service are consistent with the

Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Claims.”

B. Limitations and Prohibitions on Heavy Metals in Packaging (Environmental Article

§9–1902(a)-(d)): “(a) Except as provided in §9-1903 and §9-1904 of this subtitle, on or after July 1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional purposes, any package or packaging component or any product in a package or packaging component to which any of the following was intentionally added during manufacture or distribution:

a. Lead;

b. Cadmium;

c. Mercury; or

d. Hexavalent Chromium.”

C. Limitations on Hazardous Substances (Environment Article, §§ 6–1202-1202.1)

A person may not manufacture, process, sell, or distribute in the State a new product or flame-retardant part of a new product that contains more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether) or octaBDE (octabrominated diphenyl) by mass.

A person may not manufacture, lease, sell or distribute for sale or lease in the State electrical or electronic equipment that contain more than one-tenth of 1% of decaBDE

(decabrominated diphenyl ether) by mass.

https://www.ftc.gov/legal-library/browse/federal-register-notices/guides-use-environmental-marketing-claims-green-guides http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsf&section=14-410&enactments=False&archived=False http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=9-1902&enactments=False&archived=False https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=6-1202&enactments=False&archived=False

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D. Shipping/Transport Requirements and Recommendations Idling Law (Transportation

Article §22-402(c)(3))

“A motor vehicle engine may not be allowed to operate for more than 5 consecutive minutes when the vehicle is not in motion, except as follows:

• When a vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;

• When it is necessary to operate heating and cooling or auxiliary equipment installed on the vehicle;

• To bring the vehicle to the manufacturer's recommended operating temperature; or

• When it is necessary to accomplish the intended use of the vehicle.”

E. Expanded Polystyrene Food Service Products – Prohibitions (Environment Article

§9-2203):

(a) “On or after July 1, 2020, a person may not sell or offer for sale in the State an expanded polystyrene food service product.”

(b) “On or after July 1, 2020, a food service business or school may not sell or provide food or beverages in an expanded polystyrene food service product.”

F. Standards for Plastic Ware (Environment Article §9-2102):

(a) “Except as provided in subsection (c) of this section, on or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as biodegradable, degradable, decomposable, or with any other term to imply that the product will break down, fragment, biodegrade, or decompose in a landfill or any other environment.

(b) On or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as compostable or home compostable unless the plastic product meets the following standards:

(1) For a plastic product labeled as compostable, the plastic product shall meet:

(i) 1. The ASTM D6400 standard specification; or 2. The ASTM D6868 standard specification; and

(ii) Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.

(2) For a plastic product labeled as home compostable, the plastic product shall meet:

(i) The OK Compost Home certification standard adopted by Vincotte;

and

(ii) Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.

(c) On or after October 1, 2018, a person may not sell in the State a film plastic product labeled as soil degradable ag mulch film or biodegradable mulch film unless the product:

(1) (i) Meets the OK Biodegradable Soil certification standard adopted by

Vincotte; or

(ii) At ambient temperatures and in soil, shows at least 90% biodegradation absolute or relative to microcrystalline cellulose in less https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=22-402&enactments=false http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=9-2203&enactments=false

IFB for Department of General Services Page 16 of 34 than 2 years’ - 963 - time, tested according to the ISO 17556 standard test method or ASTM D5988 standard test method; and

(2) Fulfills the plant growth and regulated metals requirements under section

6.4 of the ASTM D6400 standard specification.”

G. Labeling Standards for Compostable Plastic Bags (Environment Article §9-2103)

(a) “Subject to § 9–2102(b) of this subtitle and subsection (b) of this section, on and after

October 1, 2018, a person that distributes or sells a compostable plastic bag intended for sale or distribution by a retailer in the State shall ensure that the compostable plastic bag is:

(1) Labeled in a manner that is readily and easily identifiable from other plastic bags;

(2) Labeled in a manner that is consistent with the federal Guides for the Use of

Environmental Marketing Claims;

(3) Labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification; and

(4) (i) A uniform color of green and labeled with the word “COMPOSTABLE” in at least a 1 inch font on one side of the bag;

(ii) Labeled in green writing with the word “COMPOSTABLE” in at least a 1 inch font on both sides of the bag; or

(iii) Labeled with the word “COMPOSTABLE” in at least a one–half inch font on both sides of bag within a green color band that:

1. Contrasts with the compostable bag’s background color; and

2. Is at least 1 inch in height.

(b) If a compostable plastic bag is smaller than 14 inches by 14 inches, the compostable bag may be labeled in a manner that is in proportion to the size of the bag.

(c) A compostable plastic bag sold or distributed in the State may not be labeled as recyclable.

(d) A provision of this section has effect only to the extent that the provision does not conflict with the federal Guides for the Use of Environmental Marketing Claims.”

H. Labeling Standards for Compostable Food Service Ware (Environment Article §9-2104)

(a) Subject to § 9–2102(b) of this subtitle, on and after October 1, 2018, a person that distributes or sells a compostable food or beverage product intended for sale or distribution by a retailer in the State shall ensure that the compostable food or beverage product is labeled:

(1) In a manner that is readily and easily identifiable from other food or beverage products;

(2) In a manner that is consistent with the federal Guides for the Use of

Environmental Marketing Claims; and

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(3) (i) With a certification logo indicating the compostable food or beverage product meets the ASTM D6400 standard specification or ASTM D6868 standard specification; or

(ii) As compostable.

(b) Subsection (a) of this section has effect only to the extent that the provision does not conflict with the federal Guides for the Use of Environmental Marketing Claims.

2.6 Supplemental Category of Work Requirements and Responsibilities

See Appendix 3 – Commodity Supplemental associated with this solicitation.

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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 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.

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.

3.2.1 Invoice Submission Schedule

A. Deliverable Invoicing

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

Form (DPAF) (Appendix 4) 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.

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

B. Materials Reporting

Submit evidence to support the cost of materials and that billing on the invoice is consistent with the requirements stated in Section 2 of the IFB.

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

B. The amount invoiced is inconsistent with the Contract;

C. The proper invoice has not been received by the party or office specified in the

Contract;

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

E. The item or services have not been accepted;

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

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

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

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

J. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

3.2.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.3 Liquidated Damages

3.3.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.3.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.3.3 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;

IFB for Department of General Services Page 20 of 34

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;

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.

3.4 Work Orders

This section is inapplicable to this IFB.

3.5 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:

https://www.marylandcomptroller.gov/content/dam/mdcomp/md/state-accounting/forms/GADX10Form.pdf

3.6 Prompt Payment Policy

This section is inapplicable to this IFB.

3.7 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.8 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.

IFB for Department of General Services Page 21 of 34

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.”

3.9 Non-Disclosure Agreement

3.9.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.9.2 Non-Disclosure Agreement (Contractor)

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

3.10 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://labor.maryland.gov/paidleave/

3.11 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

The State of Maryland is committed to purchasing environmentally preferable products and services (EPP’s). 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.

3.12 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://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for Department of General Services Page 22 of 34

3.12.1 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.

3.12.2 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.

3.12.3 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.

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

3.12.5 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.

3.12.6 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 Appendix

1 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 24 of 34

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.

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