BPM055713_Key_Information_Summary_Sheet.pdf

STATE OF MARYLAND

Maryland Department of Natural Resources

KEY INFORMATION SUMMARY SHEET

Small Procurement Solicitation: Johnson Tower Generator Replacement

Solicitation Method: Invitation for Bid

Solicitation Number: BPM055713

Solicitation Issue Date: 04/17/2026

Issuing Agency/Unit: Maryland Department of Natural Resources Natural Resources Police

Procurement/Fiscal Officer: Moises Umanzor Phone: (410) 260-8044 Email: moises.umanzor@maryland.gov

Informational Conference: 29 April 2026 11:00 AM Local Time Site Visit: 32144 Mt. Olive Road, Salisbury, MD 21804

Site Visit RSVP due by: 04/28/2026, 4:00 PM, RVSP via to moises.umanzor@maryland.gov

Cut-off Date for Q & As: 05/11/2026, 5:00 PM

Bid Closing Date and Time: 06/05/2026, 2:00 PM

Submission Required via: eMaryland Marketplace Advantage (eMMA)

Term of Performance or Delivery:

90 calendar days after contract award

Renewal Option Term(s): No

Federally Funded: No

FOR SOLICITATIONS VALUED EXCEEDING $50,000; THE FOLLOWING GOALS

ARE APPLICABLE:

Small Business Reserve: Yes

Johnson Tower Generator Replacement

BPM055713

1. OBJECTIVE:

The Maryland Department of Natural Resources (DNR or Department) is soliciting bids to procure the following:

• Completion deadline: All work, testing, inspections, and closeout must be fully completed within 90 calendar days of contract award.

• Generator must be Kohler KG-80 kW LP Gas, with NO SUBSTITUTE. Full outdoor all-weather enclosure with block heater and battery charger (only for Johnson). Transfer switch must be Kohler Model KSSB Automatic transfer Switch with no SUBSTITUTE.

• Pricing must be all-inclusive (material, labor, taxes, permits, layout, supervision, patch/paint/repair).

1. Scope of Work

The Contractor shall provide all labor, supervision, materials, equipment, transportation, tools, permits, inspections, and coordination necessary to deliver a fully operational standby power system. Work includes, at a minimum:

A. Pre-work verification and project management

• Conduct an on-site field verification of existing conditions prior to ordering or installation

(dimensions, access, electrical service characteristics, existing conduit routes, existing wiring size/type/condition, existing ATS configuration, grounding/bonding, LP fuel source, and routing constraints).

• Provide a project manager/supervisor as the single point of contact responsible for scheduling, coordination, safety compliance, and quality control.

• Provide a site-specific work plan and installation layout showing equipment placement and routing prior to mobilization.

B. Demolition and removal (as applicable to replacement)

• Safely disconnect existing generator system components that are being replaced and remove/dispose of replaced equipment and debris in accordance with all applicable regulations.

• Coordinate any required outages with the State in advance; outages must be minimized and scheduled to reduce operational impact.

C. Furnish and install a new generator (no substitute)

• Furnish and install one (1) new Kohler LP standby generator set, KG-80 kW LP Gas, meeting the required site electrical service characteristics (voltage/phase/frequency) as verified in the field. No substitute manufacturer, model family, or alternate brand is permitted.

• Lay concrete/housing slab and place the generator directly on the concrete slab/housekeeping pad. Contractor shall verify slab suitability and provide all anchoring/attachment hardware and methods required by the manufacturer and applicable codes.

• Provide all required generator accessories and components for a complete standby installation, including, but not limited to: an enclosure appropriate for outdoor installation, a starting system, a battery/battery charger, engine controls, an output breaker/disconnecting means as required, and all manufacturer-required sensors/alarms for standard operation.

D. Furnish and install new indoor ATS (replace existing in kind)

• Furnish and install one (1) new 400-amp indoor automatic transfer switch (ATS), replacing the existing unit in kind and matching the existing service characteristics and configuration (voltage/phase/poles/neutral switching arrangement) as verified in the field.

○ Kohler Model KSSB Automatic Transfer Switch

• ATS shall be properly rated for the application and installed per the manufacturer's requirements and applicable codes.

• Contractor shall reconnect existing normal and emergency feeders to the new ATS and verify proper phasing, torque, terminations, labeling, and operation.

E. Electrical distribution integration and wiring

• Utilize existing conduit and wiring to the greatest extent possible, provided it is code-compliant and in suitable condition for reuse. Any reuse is subject to Contractor verification and State acceptance.

• Furnish and install new conduit and conductors from the generator to the interior connection point(s) as needed to connect to existing systems.

• All wiring, raceways, terminations, grounding, bonding, supports, penetrations, and labeling shall be completed in accordance with the National Electrical Code (NEC) and all applicable state/local electrical codes.

• Any required cutting, coring, trenching, patching, firestopping, sealing, and restoration associated with conduit/wire routing is included (see “repairs/restoration” below).

F. LP fuel connection and compliance (as required for a complete working system)

• Provide all labor and materials necessary to connect the generator to the existing LP fuel source (tank/supply), including regulators, shutoffs, piping, fittings, supports, and leak testing as required to deliver a safe and reliable LP fuel supply to the generator.

• All LP work must comply with all applicable codes and standards and be performed by properly qualified personnel.

G. Repairs and restoration (explicitly included in price)

• Cutting/Painting/Patching of slab, walls, ceilings, or other building surfaces impacted by the work is included. Restored surfaces shall be returned to a neat, serviceable condition comparable to the existing.

H. Permits and inspections (explicitly included in price)

• Contractor shall obtain and pay for all required permits and arrange all required inspections (electrical, mechanical/fuel, building, and any other authority having jurisdiction).

• Contractor shall coordinate directly with inspectors and provide the State copies of permit approvals and final sign-offs.

2. Minimum contractor qualifications (responsible bidder requirements)

Bidders must demonstrate they are qualified, properly licensed, and insured to complete a turnkey standby generator installation.

At a minimum, the Contractor shall:

• Hold all required Maryland and local trade licenses for the work being performed (electrical and fuel/mechanical as applicable).

• Use qualified technicians and licensed electricians for electrical work and properly qualified personnel for LP fuel piping/connection work.

• Be regularly engaged in generator/ATS installation and commissioning work of similar size and complexity (standby generators approximately 60–100 kW) within the last five (5) years.

• Provide at least three (3) references for comparable generator/ATS replacement projects, including customer name, contact, location, generator size, and completion date.

• Be able to provide manufacturer-authorized start-up/commissioning for the Kohler generator (factory-authorized or authorized dealer/technician), including documentation of start-up and warranty registration.

Insurance (minimums may be adjusted by procurement as required by State terms)

• Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate (minimum)

• Workers’ Compensation and Employer’s Liability: statutory compliance for Maryland.

• Commercial Auto Liability: $1,000,000 combined single limit (minimum).

• Any additional coverage required by the State contract terms (e.g., umbrella/excess) must be carried as required.

3. Submittals, deliverables, and documentation (what the State will receive)

A. Pre-installation submittals (due early; recommended within 10–15 days of award)

• Product data sheets/cut sheets for:

○ Kohler KG-80 kW LP Gas generator.

○ 400A indoor ATS (exact make/model and configuration).

• Installation layout drawing showing generator location on concrete and proposed conduit/wiring routing into the building.

• Single-line diagram reflecting final interconnection (existing + new components).

• Confirmation of verified site electrical characteristics (voltage/phase) and ATS configuration

(poles/neutral switching) based on field verification.

• Permit plan/approach and anticipated inspection sequence.

B. Construction-phase deliverables

• Schedule with major milestones (submittals, permitting, equipment delivery, electrical cutover, commissioning/testing, final inspections).

• Weekly progress update by email to the State project point of contact, including completed work, upcoming work, issues/risks, and any outage requests.

C. Commissioning, testing, and training deliverables

• Functional testing report demonstrating:

○ Perform load testing:

Standard Load Test Procedure Preparation & Safety: Inspect oil, coolant, and fuel levels. Ensure proper ventilation. Connect the load bank to the generator's output, usually at a dedicated breaker.

Initial Run: Start the generator and allow it to reach normal operating temperature (typically 5–10 minutes).

Step Loading (The Test): Gradually apply load in increments to avoid shocking the system, usually in 25% increments (e.g., 20kW, 40kW, 60kW, 80kW).

Load Profile (NFPA 110 Recommended):

30% Load: ~24 kW for 30 minutes.

50% Load: ~40 kW for 30 minutes.

75% - 100% Load: ~60 kW - 80 kW for 1 hour.

Monitoring: Technicians monitor voltage, frequency (Hz), oil pressure, coolant temperature, and exhaust temperature throughout the test.

Cool Down: Gradually remove the load, then run the engine for 5–10 minutes at no load to allow temperatures to stabilize before shutting down.

Common 80kW Load Test Parameters Duration: Often 1–2 hours total.

Goal: Reach at least 30% of capacity to prevent wet stacking, with 75-80% preferred for deep cleaning.

Frequency: Non-mission-critical generators are usually tested annually, while critical (hospitals) may be tested more frequently

○ Automatic start on utility loss.

○ Automatic transfer to generator power via ATS.

○ Stable voltage and frequency under site load.

○ Automatic retransfer to utility and generator cool-down/shutdown.

○ Verification of alarms/indicators and controller status.

• Provide a commissioning/start-up report from the authorized Kohler technician, including confirmation that warranty registration has been completed.

• Provide a minimum of one (1) on-site orientation/training session for State staff covering:

basic operation, alarms, safe shutdown, and routine owner checks.

D. Closeout package (required for final acceptance and payment)

• Copies of all permits and final inspection approvals/sign-offs.

• As-built documentation, including: final conduit routing, any changed wiring paths, ATS connections, and final single-line diagram (updated to match installed conditions).

• Manufacturer O&M manuals for the generator and ATS, including recommended maintenance schedule.

• Warranty documentation (generator and ATS), including start date and points of contact for service.

• Final labeled photographs (recommended) showing generator placement, ATS installation, and major connection points for future reference.

4. Performance standards and code compliance

• All electrical work shall comply with the National Electrical Code (NEC) and applicable state/local codes.

• Workmanship shall follow the manufacturer's installation requirements and industry standards for standby power systems.

• All penetrations and disturbed surfaces shall be sealed and restored appropriately (including firestopping where applicable).

• System must be delivered as a complete, safe, functional installation suitable for continuous standby readiness.

5. Schedule requirement (non-negotiable)

• The entire project must be complete within 90 calendar days of contract award, including:

submittals, procurement, permitting, installation, restoration, commissioning/testing, training, inspections, and closeout documentation.

6. Pricing instructions (all-inclusive) Bids shall be submitted as a firm fixed price, inclusive of:

• All material and equipment (Kohler generator and new 400A indoor ATS, conduit, wire, accessories).

• Labor and supervision.

• Taxes.

• All permits, inspection fees, and coordination.

• Any cutting/patching/painting/restoration of slab, walls, and ceilings required to complete the work.

• Commissioning, functional testing, and turnover documentation.

7. Acceptance criteria (what “done” means)

• Generator and ATS are installed, labeled, and fully operational in automatic mode.

• Successful witnessed functional test demonstrating automatic start/transfer/retransfer and stable operation.

• All required inspections have been passed, and documentation has been delivered to the State.

• Closeout package is submitted and accepted.

8. Site coordination and access (recommended language for the posting)

• Work will occur at an active State facility. Contractor must coordinate all site access, staging, deliveries, and any planned outages with the State point of contact in advance.

○ This will be Timothy Welsh (timothy.welsh@maryland.gov)

• Contractor personnel must conduct themselves professionally and comply with site safety and security requirements as directed.

2. BASIS OF AWARD

This small procurement is being conducted in accordance with Section 13-104 of the State Finance and Procurement Article and the Small Procurement Regulations in Code of Maryland Regulations

(COMAR) 21.05.07.

If the solicitation is an Invitation for Bids, then the basis of the award shall be the most favorable bid, meaning the lowest responsive bid price that is timely and complete from a responsible bidder, meaning one that has the requisite competence and qualifications. COMAR 21.06.01.01.

If the solicitation is a Request for Proposal, then the basis of the award shall be the most advantageous offer after review of the technical and financial proposals submitted by a responsible bidder.

3. BID SUBMITTAL 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 if the solicitation is posted in eMMA. Bids must be uploaded into eMMA by the due date and time for consideration.

All bids, affidavits, and/or responses to attachments shall be submitted in writing by email to the Procurement/Fiscal Officer identified on the Key Information Summary Sheet if the solicitation was received by email.

No late bids will be accepted.

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

4. MINIMUM QUALIFICATIONS OF RESPONSIBLE BIDDERS

4.1. Bidders, either directly or through their subcontractor(s), must be able to provide all goods or services and meet all of the requirements requested in this solicitation, and the successful Bidder shall remain responsible for Contract performance regardless of subcontractor participation in the work.

4.2. The Contractor must be registered with the Maryland Department of Assessments and Taxation and must be in good standing before DNR can make an award under this solicitation. The Contractor is directed to the requirements of Md. Code Ann., State Finance and Procurement § 13-222, which may be applicable.

4.3. The Bidder shall have all professional licenses required by the State of Maryland and the Federal

Government to perform the work specified in the Statement of Work (SOW). Submit copies of all professional licenses with bid documents.

4.4. The Bidder shall maintain the following types and minimum levels of insurance coverage throughout contract performance, and shall submit Certificates of Insurance with bid:

4.4.1. Commercial general liability insurance in the amount of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury, and $2,000,000 annual aggregate. The minimum required limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

4.4.2. Worker's Compensation Insurance - 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.

Note: The Procurement/Fiscal Officer and/or Contract Manager shall hold the insurance certificates for the duration of the Contract. The State shall have the absolute right to terminate the Contract if any insurance policy is canceled at any time for any reason, and a new policy is not obtained by the Contractor and approved by the Procurement/Fiscal Officer. Unless the Procurement/Fiscal Officer otherwise agrees, the new policy must be effective as of the previous policy's date of cancellation. The Contractor must provide the State with notice of cancellation and the new policy within fifteen (15) days of cancellation.

5. SCOPE OF WORK (SOW)

5.1. General Information:

5.1.1. The DNR is issuing this Small Procurement Solicitation to provide all goods, labor, materials, and supplies necessary to achieve the Objective stated in Section 1 above as per the specifications stated below.

5.1.2. The DNR intends to make a single award as a result of this solicitation.

5.1.3. The DNR strongly recommends each Contractor attend the informational conference and the site visit, if offered. If your company needs any special accommodations at the site visit and informational conference, please inform the Procurement/Fiscal Officer by email with your RSVP.

5.1.4. Each Contractor shall be permitted to examine the site, familiarize themselves with the full nature and extent of the work, ask questions, obtain answers to the SOW, and obtain clarifications of the Contract. It is the Contractor's sole responsibility to familiarize themselves thoroughly with the location of the work and the surrounding area as well as the contents of the SOW. Failure to do so does not relieve the successful Bidder from its obligations to comply with all aspects of this solicitation package for the amount they specify as their Bid Price

5.1.5. All questions concerning this Small Procurement Solicitation shall be directed to the

Procurement/Fiscal Officer listed on the key information summary sheet. BIDDERS

SHALL NOT CONTACT ANY OTHER DNR STAFF ABOUT THE SOLICITATION.

5.1.6. It is the DNR's intention to obtain goods and/or services, as specified in this Small

Procurement Solicitation, from a Contract between the selected Bidder and the DNR.

5.1.7. The anticipated duration of performance of services to be provided under this Contract is for 90 days, and all work must be completed within 90 days. The awarded Contractor is expected to complete the Contract as timely as possible, regardless of the length of time allowed for completion.

5.1.8. All work shall begin immediately upon receiving the Notice to Proceed, or your receipt of a signed PO/BPO, unless a different date is approved by the Procurement/Fiscal Officer, and all work must be guaranteed for at least a period of one year from the date of the completed work.

5.1.9. No unannounced visits to the work site are allowed prior to award. Should the Bidder need an additional site visit, the Bidder shall contact the Procurement/Fiscal Officer to request an additional site visit. Additional site visits shall be scheduled at the Procurement/Fiscal Officer’s discretion, based on individual requests and only if time permits.

5.1.10. All work shall be completed in accordance with industry standards.

5.1.11. The Bidder shall be responsible for obtaining any and all permits required for the SOW stated below and arranging all the inspections needed by the county or State.

5.1.12. The Bidder will have access to the project area 24/7. If the contractor needs access to the inside of the building please coordinate access with the DNR Contract Manager.

5.2. Location and Purpose:

5.2.1. The location for all work to be performed is: 32144 Mt. Olive Road, Salisbury, MD 21804

5.2.2. The purpose of the Contract is to deliver a fully operational standby power system.

6. Type of Work:

6.1.1. The Contractor shall provide all labor, supervision, materials, equipment, transportation, tools, permits, inspections, and coordination necessary to deliver a fully operational standby power system.

6.1.2. Generator must be Kohler KG-80 kW LP Gas, with no substitute. Full outdoor all weather enclosure with block heater and battery charger. Transfer switch must be Kohler Model KSSB Automatic transfer switch with no substitute.

6.1.3. Pricing must be all-inclusive (material, labor, taxes, permits, layout, supervision, patch/paint/repair.

6.2. Delivery and Storage:

6.2.1. Contractor shall have a representative on-site to receive all third party deliveries.

6.2.2. If storage area and/or staging area is desired, contact the Contract Manager for availability.

6.3. Removal of Trash and Debris:

6.3.1. All material and debris shall be disposed of by the Contractor and at the Contractor's expense.

6.4. Deliverables: Closeout Package

6.4.1. Copies of all permits and final inspection approvals/sign-offs.

6.4.2. As-built documentation, including: final conduit routing, any changed wiring paths, ATS connections, and final single-line diagram (updated to match installed conditions).

6.4.3. Manufacturer O&M manuals for the generator and ATS, including recommended maintenance schedule.

6.4.4. Warranty documentation (generator and ATS), including start date and points of contact for service.

6.4.5. Final labeled photographs (recommended) showing generator placement, ATS installation, and major connection points for future reference.

6.5. Security Requirements:

6.5.1. Contractor personnel must conduct themselves professionally and comply with site safety and security requirements as directed.

6.6. Employee Identification

6.6.1. Each person who is an employee or agent of the Contractor or subcontractor shall display their company ID badge at all times while on State property. Each person who is an employee or agent of the Contractor or subcontractor may be required to provide additional photo identification upon request of authorized State personnel.

6.7. Vehicles

6.7.1. Parking pad available for vehicle parking.

6.8. Materials: If the solicitation is listed as containing federal funds, the following applies:

The Buy American Act requires all iron, steel, manufactured products, and construction materials used in the project to be produced in the United States. Except for an end product that consists wholly or predominantly of iron or steel or combination of both, the cost of domestic components must exceed 60 percent of the cost of all of the components. The Contractor shall follow this requirement in the completion of this project unless waived by the procuring agency in writing.

6.9. This is a firm-fixed-price contract meaning a fixed price Contract that provides a price that is not subject to adjustment because of variations in the Contractor’s cost.

6.10. This Contract will remain in effect for the time period and quantity specified unless the

Contract is terminated by the State as set forth in Section 7.

7. NONVISUAL ACCESS

7.1. The bidder or offeror warrants that the information technology offered under this bid or proposal

(1) provides equivalent access for effective use by both visual and nonvisual means; (2) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; (3) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and (4) is available, whenever possible, without modification for compatibility with software and hardware for nonvisual access. The bidder or offeror further warrants that the cost, if any, of modifying the information technology for compatibility with software and hardware used for nonvisual access will not increase the cost of the information technology by more than 15 percent.

7.2. For purposes of this regulation, the phrase 'equivalent access' means the ability to receive, use, and manipulate information and operate controls necessary to access and use information technology by nonvisual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output."

8. INVOICING AND PAYMENTS

8.1. Upon completion and acceptance of the completed work by the State, the Bidder shall submit a proper invoice for payment. According to COMAR 21.06.09.01(C), a proper invoice must include, without error, the Contractor's federal employer identification number or Social Security number, the Purchase Order Number, and any documentation required by regulation or the procurement contract. The Department requires the Contractor's address, phone number, and the address where the work was provided to be included. All invoices must be submitted to:

Maryland Department of Natural Resources Accounts Payable 580 Taylor Avenue, B-4 Annapolis, MD 21401 amy.greenwood@maryland.gov

Failure to provide a proper invoice may result in a delay in payment.

8.2. Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments to the Contractor will be made no later than 30 days after the State's receipt of a proper invoice from the Contractor. Payment will be considered to be made on the settlement date for an electronic funds transfer payment, or the mailing date of the check for a check payment.

8.3. Contractors are entitled to interest on late payments at the rate of 9 percent per annum per COMAR 21.06.09.06 (A) if an invoice is submitted within 30 days after the date of payment and a contract claim has not been filed. The State is not liable for interest accruing more than one year after the 31st day after the agency receives a proper invoice or on unpaid interest.

8.4. 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.

8.5. Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract.

9. TERMS AND CONDITIONS OF THE CONTRACT THAT WILL BE AWARDED ON

THIS SOLICITATION (NO EXCEPTIONS OR CHANGES WILL BE ACCEPTED)

9.1. INCORPORATION BY REFERENCE

All Terms and Conditions of the solicitation and any 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”) issued by DNR subsequent to award of the bid. By submitting a bid in response to this solicitation, the Bidder, if selected for the award as the Contractor, shall be deemed to have accepted all Terms and Conditions of the solicitation and subsequent BPO/PO. Upon receipt of the BPO or PO, the Contractor shall acknowledge acceptance, and return a signed copy to the Procurement/Fiscal Officer.

9.2. DELIVERY AND ACCEPTANCE

9.2.1. 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.

9.2.2. 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.

9.2.3. 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.

9.2.4. 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.

9.3. 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.

9.4. 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 if mercury-free products or equipment are not offered, to the Bids for products or equipment containing the least amount of mercury necessary to meet performance requirements. The Bidder must submit Mercury Affidavit, Attachment D, with its bid. (The form Mercury Affidavit is available here: https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-K-MercuryAffidavit.pdf)

9.5. MARYLAND LAW PREVAILS

The law of Maryland will govern the interpretation and enforcement of this Contract. All references to the Annotated Code of Maryland contained in this Contract shall be construed to refer to such Code sections as are from time to time amended. In accordance with the provisions of §11-206 of the State Finance and Procurement Article, Annotated Code of Maryland, 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.

9.6. DISPUTES

Disputes arising under this Contract will 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/Fiscal Officer.

9.7. CHANGES

This Contract may be amended only with the written consent of both parties. Amendments may not change significantly the scope of the Contract (including the Contract price). Contract modifications to a small procurement contract shall be administered in accordance with the delegations specified in COMAR 21.02.01.04 and the procedures promulgated by the Departments.

9.8. TERMINATION FOR NON-APPROPRIATION

https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-K-MercuryAffidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-K-MercuryAffidavit.pdf

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract will 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.

9.9. 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).

9.10. 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, will be governed by the provisions of COMAR 21.07.01.11B.

9.11. NONDISCRIMINATION

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

9.12. 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 partner, 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 law of any state or of the United States."

9.13. REGISTERED TO DO BUSINESS IN MARYLAND. The Contractor hereby represents and warrants that:

9.13.1. 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;

9.13.2. 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;

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

9.13.4. 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.

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

9.15. BLANKET PURCHASE ORDER/PURCHASE ORDER AS CONTRACT

9.15.1. As used in this provision, a bid refers to a bid submitted under Small Procurement

Regulations

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

9.15.3. As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the Maryland Department of Natural Resources

9.15.4. 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 90 days or for such longer period as the bidder and the Department may agree.

9.15.5. Upon acceptance of a bid, the Procurement/Fiscal 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/Fiscal 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/Fiscal 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/Fiscal Officer issues a PO and/ or BPO, at the option of the Procurement/Fiscal 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/Fiscal Officer may require that the parties both execute a single document as the embodiment of the Contract between the parties.

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

9.15.6.1. the PO and/ or BPO; then

9.15.6.2. the solicitation; and then

9.15.6.3. the bid.

9.16. 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.

9.17. 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.

9.18. EPA COMPLIANCE

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

9.19. OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)

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.

9.20. 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 the Contractor in performing the work or providing the goods upon an award issued under this solicitation. The Contractor is, to the fullest extent permitted by law, responsible for all damage to life and property due to its activities, or those of its agents, employees, or subcontractors, in connection with its performance under this Contract. The Contractor shall, to the fullest extent permitted by law, indemnify and save harmless and defend the Department and all of its representatives from all suits, actions, or claims of any character, brought on account of any injuries or damage sustained by any person or property in consequence of any work performed under this Contract, either by the Contractor or any subcontractor, or their employees, agents, or representatives. This responsibility is not to be deemed as a waiver of any immunity which may exist in any action against the Department.

9.21. 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.

9.22. NEW MATERIALS

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

9.23. ASSIGNMENT

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

9.24. 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.

9.25. COMMERCIAL NONDISCRIMINATION POLICY

9.25.1. As a condition of entering into this Contract, Contractor represents and warrants that it will comply 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. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry, 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 or on the basis of disability, or otherwise 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 Contract and may result in termination of this Contract, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

9.25.2. As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article of the 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 four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract.

Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Contract and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions.

9.26. ELECTRONIC SIGNATURES PROVISION

This Contract and any Scope of Work or Change Order issued hereunder may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures provided by facsimile or other electronic means, e.g., and not by way of limitation, in DocuSign, Adobe .PDF sent by electronic mail, shall be deemed to be original signatures.

AN ATTORNEY DESIGNATED BY THE ATTORNEY GENERAL APPROVED THIS

CONTRACT FORM FOR FORM AND LEGAL SUFFICIENCY ON THE 26th DAY OF

FEBRUARY 2024 AND IT MAY BE UTILIZED BY THE DEPARTMENT OF NATURAL

RESOURCES WITHOUT SUBSTANTIVE MODIFICATION OR ALTERATION.

STATE OF MARYLAND

NO BID NOTICE

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 this completed form to the attention of the Procurement/Fiscal Officer (see the Key Information Sheet below for contact information).

Title: Johnson Tower Generator Replacement Solicitation No: BPM055713

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 is 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: ________________________________________________________________

ATTENTION: PLEASE EMAIL THE COMPLETED FORM TO THE

PROCUREMENT/FISCAL OFFICER- THE STATE APPRECIATES YOUR FEEDBACK.