Maryland Department of Health

Springfield Hospital Center

THIS SOLICITATION SHALL BE MADE IN ACCORDANCE WITH THE SMALL PROCUREMENT

REGULATIONS DESCRIBED IN COMAR 21.05.07.

INVITATION FOR BIDS

SOLICITATION # BPM059551

Issue Date: October 29, 2026

Springfield Hospital Center Preventive Maintenance and Load Testing of Fifteen (15) Emergency Generators

NOTICE

A Prospective Bidder that has received this document from the Department of General Services’ website or https://emma.maryland.gov, or that has received this document from a source other than the Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this IFB, should immediately contact the Procurement Officer and provide the Prospective Bidder’s name and mailing address so that addenda to the IFB or other communications can be sent to the Prospective Bidder.

This solicitation has been designated as a Small Business Reserve (SBR).

Vendors cannot be awarded the contract if not designated as a Certified Small Business (CSB).

Minority Business Enterprises Are Encouraged to Respond to this Solicitation

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

Title: Springfield Hospital Center Preventive Maintenance and Load Testing of Fifteen (15) Emergency Generators

Solicitation No: BPM059551 If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

( ) Other commitments preclude our participation at this time.

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

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

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

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

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

REMARKS section.)

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

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

( ) Start-up time is insufficient.

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

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

(Explain in REMARKS section.)

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

( ) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.)

( ) Payment schedule too slow.

( ) Other:

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

REMARKS:

Vendor Name: Date:

Contact Person: Phone ( ) -

Address:

E-mail Address:

SPRINGFIELD HOSPITAL CENTER

IFB KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Springfield Hospital Center Preventive Maintenance and Load Testing of Fifteen (15) Emergency Generators

Solicitation Number: BPM059551

IFB Issue Date: October 29, 2026

IFB Issuing Office: MARYLAND DEPARTMENT OF HEALTH

SPRINGFIELD HOSPITAL CENTER

Procurement Officer: Lance Wolf

Deputy Director of Procurement Springfield Hospital Center Phone: 410-970-7128 e-mail: lance.wolf@maryland.gov

Contract Monitor: Keith Livesay

Director of Maintenance Springfield Hospital Center 6655 Sykesville, MD 21784 Phone: 410-970-7061 e-mail: keith.livesay@maryland.gov

Term of Service: November 24, 2026, through November 23, 2027

Options 0

Bids are to be sent to: Via eMMA Solicitation only

Pre-Bid: November 4, 2026, at 10:30AM Local Time

Closing Date and Time: November 13, 2026, at 2:00PM Local Time

1.1 Summary Statement

1.2 Contract Type

1.3 Term of Contract

1.4 Procurement Officer

1.5 Contract Monitor

1.6 eMaryland Marketplace Advantage

1.SUMMARY STATEMENT AND GENERAL INFORMATION

The Maryland Department of Health, Springfield Hospital Center (SHC) is seeking the services of a contractor to perform the preventive maintenance, emergency maintenance, minor repairs, and load testing of the fifteen (15) emergency generators located at the Springfield Hospital Center, 6655 Sykesville Road, Sykesville, MD 21784 for a period of one year. All services requested by SHC and administered by the Contractor will adhere to applicable local, state, federal code and industry recognized work practices.

Springfield Hospital Center, located at 6655 Sykesville Road, Sykesville, Maryland, is a fully Joint Commission accredited, and CMS certified and is an integral part of the mental health services delivery system of the State of Maryland, providing inpatient treatment for adults.

The Contract resulting from this IFB shall be a fixed priced contract, as defined in COMAR 21.06.03.02

The contract resulting from this solicitation shall be for one (1) year beginning on or about November 24, 2026, and ending November 23, 2027, with zero (0) renewal option.

The Procurement Officer is the sole point of contact in the State for purposes of this solicitation prior to the award of any Contract. The name and contact information of the Procurement Officer are indicated in the IFB Key Information Summary Sheet.

The Department may change the Procurement Officer at any time by written notice.

The Contract Monitor is the State representative for this Contract who is primarily responsible for Contract administration functions after Contract award.

The name and contact information of the Contract Monitor are indicated in the IFB Key Information Summary Sheet.

The Department may change the Contract Monitor at any time by written notice.

eMMA is an electronic commerce system for the State of Maryland. The solicitation and Bidder questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be provided via eMMA. In order to receive a contract award, a vendor must be registered on eMMA.

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

1.8 Procurement Method

1.9 Bids – Closing/Due Date and References

1.10 Pre-Bid

Written questions from prospective Bidders will be accepted by the Procurement Officer and shall be submitted via eMMA to the Procurement Officer indicated in the IFB Key Information Summary Sheet.

Questions are requested to be submitted no later than Tuesday, November 10, 2026, at 12:00pm EST. 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.

This Contract will be awarded in accordance with the Small Procurement method under COMAR 21.05.07.

Bids must be received by the Procurement Officer no later than the Bid Due date and time indicated in the IFB Key Information Summary Sheet in order to be considered. All bids must include all documents as requested in Section 2.1 Minimum Qualifications and Section 3.5.1-5 Insurance Requirements.

Bids must be submitted via eMMA (eMaryland Market Place Advantage).

a. The Bid shall contain all price information in the format specified on the Bid Form and Instructions in the eMMA bid tab. Complete the entire eMMA bid tab. Do not amend, alter, or leave blank any items on the Bid tab or include additional clarifying or contingent language on or attached to the Bid Form. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Department.

b. Please DO NOT hand delivery any replies to the facility.

Requests for extension of this time or date will not be granted.

Bids may ONLY be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening.

Vendors are required to bid on all bid items.

There will be a pre-bid conference and site visit held on November 4, 2026, at 10:30AM. Individuals will meet at the Maintenance Building (see campus map) for the pre-bid conference followed by a site visit.

All individuals must follow current infection control procedure, which may include wearing a mask. To ensure adequate seating and other accommodations at the conference, prior to attendance, vendors must RSVP to the Procurement Officer at lance.wolf@maryland.gov. 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 three (3) Business Days prior to the Conference date and SHC will make a reasonable effort to provide such special accommodation. Attendees should bring a copy of the solicitation to the pre-bid conference.

Attendance at the Conference and Site Visit is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties

1.7 Questions and Inquires

1.11 Award Basis

1.12 Tie Bids

1.13 Duration of Bid

1.14 Revisions to the IFB

1.15 Cancellations

1.16 Incurred Expense

1.17 Mandatory Contractual Terms

understand the requirements of the contract. MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

The Contract shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for providing the services as specified in this IFB. The most favorable Total Bid Price will be the lowest price total. This solicitation may be a multi bid award. Any bid exceeding the Small Procurement delegation will not be considered for this solicitation. (COMAR 21.05.07.03; 21.05.07.04)

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

Bids submitted in response to this IFB are irrevocable for 120 days following the closing date of the Bids.

This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

If it becomes necessary to revise this IFB before the due date for Bids, the Department shall provide addenda to all prospective Bidders through eMMA. Addenda will be placed on eMMA within a reasonable time to allow Bidders to consider them in preparing their bids. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids. If the due date for submission of bids does not permit adequate time for consideration of the addenda by Bidders, the bid due date will be extended.

Bidders should acknowledge receipt of all addenda to this IFB issued before the Bid due date. Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be rejected as being non-responsive to the requirements of the IFB.

The State reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part, received in response to this IFB.

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or in performing any other activities related to submitting a Bid in response to this solicitation.

By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached herein as Attachment A. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

1.19 Bidder Responsibilities

1.20 Substitution of Personnel

1.21 Compliance with Laws/Arrearages

1.22 Verification of Registration and Tax Payment

1.23 False Statements

Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

The selected Bidder shall be responsible for rendering goods and services for which it has been selected as required by this IFB. All subcontractors shall be identified and a complete description of their role relative to the Bid shall be included in the Bidder’s Bid.

If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder, such as but not limited to, references, financial reports, or experience and documentation (e.g., insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement that the parent organization will guarantee the performance of the subsidiary.

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

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the Contract if selected for Contract award.

Before a business entity can do business in the State it must be registered with the Maryland Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. The SDAT website is http://dat.maryland.gov .

It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of Bids. A Bidder’s failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award.

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

In connection with a procurement contract a person may not willfully:

(a) Falsify, conceal, or suppress a material fact by any scheme or device;

1.18 Protest/Disputes

1.24 Payment

(b) Make a false or fraudulent statement or representation of a material fact; or

(c) Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under subsection (1) of this section.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both.

The Contractor shall choose one method of submission, USPS or email. The Contractor shall submit an original of each invoice and signed authorization to invoice to the Contract Monitor and the Accounts Payable Office at shc.finance@maryland.gov

All invoices for services shall be verified by the Contractor as accurate at the time of submission.

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number.

7) State assigned Contract number.

8) State assigned (Blanket) Purchase Order number(s).

9) Goods or services provided.

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

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

Any action on the part of the facility, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

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.

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

1) The amount invoiced is inconsistent with the Contract;

2) The proper invoice has not been received by the party or office specified in the Contract;

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

4) The item or services have not been accepted;

5) The quantity of items delivered is less than the quantity ordered;

6) The items or services do not meet the quality requirements of the Contract; or

7) 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.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2.1 Bidder Minimum Qualifications

SECTION 2 -MINIMUM QUALIFICATIONS

Minimum Experience:

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

A. The Bidder shall have a minimum of three (3) years of experience providing Generator

Preventative Maintenance and Load Testing. Required Documentation: The Bidder shall provide with its Bid two or more references from the past five years that collectively are able to attest to the Bidder’s required years of experience in providing the aforementioned services.

B. The Bidder shall be certified and provide, with their submission, documentation that verifies the retention of a State of Maryland General Contractor’s License and an Electrical Generator Systems Technician Certification from the Electrical Generating Systems Association (or equivalent).

1. The Bidder shall also provide documentation that confirms the availability and experience of all technicians that will perform the services requested in this IFB and for the duration of the subsequent contract.

C. The Bidder must be licensed by the State of Maryland and provide documentation – See

Department of General Services General Conditions for Construction Contracts Manual Dated 2023.

D. The Bidder shall provide with its Bid "Attachment L Reference Checks" with one or more references filled out. (refer to Table A for all attachments and documents required with the Bid)

3.1 Background and Purpose

3.2 Scope of Work Requirements

SECTION 3 – SCOPE OF WORK

The MARYLAND DEPARTMENT OF HEALTH – Springfield Hospital Center (SHC) is issuing this Request for Bids (IFB) to obtain the services of a contractor to perform preventive maintenance, emergency maintenance, minor repairs, and load testing of the fifteen (15) emergency generators located on the Springfield Hospital Center campus, at 6655 Sykesville Road, Sykesville, MD 21784. All work will be performed in accordance with the most current Electrical Generating Systems Association (or equivalent) standards and in accordance with all federal, state, county, and local codes and recognized work practices.

Springfield Hospital Center, located at 6655 Sykesville Road, Sykesville, Maryland, is a fully Joint Commission accredited, and CMS certified and is an integral part of the mental health services delivery system of the State of Maryland, providing inpatient treatment for adults.

It is the State’s intention to obtain services, as specified in this IFB, from a Contract(s) between the selected Bidder(s) and the State.

The Contractor Shall furnish all labor, material, equipment, tools, supervision, transportation, insurance, and permits necessary to provide for repairs, adjustments, preventive maintenance, emergency services, and inspection services for the preventive maintenance, emergency maintenance, minor repairs, and load testing of the fifteen (15) emergency generators located at the Springfield Hospital Center, 6655 Sykesville Road, Sykesville, MD 21784 for the period of one year. All services requested by SHC and administered by the Contractor will adhere to applicable local, state, and federal code requirements.

A. Expectation of work performed

1) The Contractor shall maintain a supply of contacts, fuses, timers, leads, lubricants, generator brushes, wiping cloths, and other minor parts for the performance of preventive maintenance.

2) Travel time for service calls shall be the sole responsibility of the Contractor, and the Contractor shall bear the cost as part of the Contractor’s bid quotes.

3) The Contractor is responsible for all labor and parts for Preventive Maintenance and up to $500.00 per incident for labor and $500.00 per incident for parts for Emergency Service and/or Minor Repairs.

4) The Contractor shall assume total responsibility of the equipment as directed by these specifications and/or in compliance with the Department of Labor and Industry Licensing and regulations for Generators and the Manufacturers Recommendations.

5) All work shall be performed by fully trained and certified mechanics. Contractor shall provide the Hospital with copies of their certifications for all mechanics that will be assigned to this contract.

6) The Contractor shall repair and restore to its original condition any equipment, materials, or surfaces damaged or disturbed by his operations. The Contractor shall be entirely responsible for any loss or damage to his own materials, supplies, and equipment, and to the personal property of his employees while they are on State premises. The Contractor shall be solely responsible for any damage to the building or its contents and for any loss or damage to any property belonging to the owner or the owner’s employees when such loss or damage may be attributable to his actions or negligence or the actions of his employees.

7) The generators shall be maintained at optimum efficiency in accordance with manufacturers’ recommendations, operation manual, and specifications herein. (See Exhibit #1 for an inventory of Generator and Transfer Switch Locations and Equipment Details)

B. Schedule of work to be Performed and Documentation of Work Performed

1) The Contractor will make four (4) visits to the Hospital for preventive maintenance during the contract term. Visits shall be three (3) months apart and two (2) between April 1 and October 31 and two (2) between November 1 and March 31.

2) Contractor shall provide the Hospital representative with complete documentation of any preventive maintenance performed. Preventive maintenance documentation shall show all work that was performed (i.e. oil changes, filter changes, lubrications, etc.).

3) The Contractor will perform one (1) four (4) hour load bank test on each generator per year. Load bank tests shall conform to standards set forth in NFPA 110. The Contractor shall submit full documentation of load bank test and results to thee Hospital representative. Load bank tests will be scheduled with the Hospital representative in accordance with the following schedule:

Building Test Schedule

Administration April- October

C-3 & C-4 April- October

Conference Center April- October

Central Storeroom April- October

Maintenance Shops April- October

M&S Building April- October

Patient's Canteen April- October

Food Services Building November-March

Big G Building November-March

Hitchman Building November-March

Maintenance Offices November-March

McKeldin Building November-March

Salomon Building November-March

Muncie Barn November-March

Portable Generator November-March

4) The Contractor shall perform routine maintenance and testing of the automatic transfer switches, Documentation of tests shall be provided to the Hospital representative, this documentation may be included on the generator preventive maintenance checklist.

(See Exhibit #1 for Generator and Transfer Switch Locations and Equipment Details)

5) Additional work not herein specified may become necessary due to changes in governing regulations, new interpretations of existing regulations, or other reasons beyond both the State’s and the Contractor’s control. Should this occur, the State might instruct the Contactor in writing to perform the additional work, the costs of which shall be negotiated and agreed upon by both parties. If so instructed, the Contractor will perform the additional work and modify its invoices accordingly, or invoice for the work separately if so instructed for payment by other method(s). The Contractor may not refuse to perform any work within reason that is necessary to restore a generator back to operational condition.

6) The Contractor shall have the written approval of the Contract Monitor before any alterations or modifications are made to any generators. All modifications and alterations to the equipment shall be added to the drawings by Contractor and drawings will be kept current at all times.

7) Emergency maintenance service shall be available twenty-four (24) hours of the day, every day and week of the year throughout the contract term. Contractor must submit a phone number with 24-hour availability in their bid.

i. In the event of equipment failure, or imminent failure or damage that occurs during hours not normally worked by the Stationary Engineer, on-site response by a qualified mechanic shall be made within two (2) hours after the Contractor has been given notification of the emergency situation. Service response shall be sufficient to restore the equipment or system to fully or temporary operation status. If temporary measures are taken to restore operation, then permanent repair service shall be completed within five (5) working days.

ii. Under no circumstances shall equipment or system failure that results in loss of essential service exceed two (2) regular workdays. Inability to obtain parts or special technical or engineering services will not be considered reason to extend this time period. Inability to obtain parts or special technical or engineering services will not be considered reason to extend this time period. If equipment or system failure results in loss of essential service that exceeds two (2) regular wok days, the Contractor is responsible for providing a rental at no charge to the State until service is restored.

iii. Failure of the Contractor to provide Emergency Services within the stated time frames may be cause to consider the Contractor in default of the contract by the Procurement Officer.

iv. Repairs necessary under Emergency Maintenance shall be paid as follows;

Contactor pays for all parts up to $500 per incident and labor up to $500.00 per incident. The Contractor will bill for all labor in excess of $500.00 per incident based on the hourly rates in the Contract. Parts in excess of $500 per incident can be billed to the state at the rates indicated in Section III.C.q

8) Emergency Major repairs may be excluded from the scope of the Contractor at the discretion of the agency. The State reserves the right to seek competitive bids for all major overhauls and repairs as may be required during the term of the contract. The Contractor awarded the contract as a result of this solicitation shall work cooperatively with any other Contractor the State may have perform any major repairs. However, the agency may direct the Contractor to perform a major repair and the Contractor will be responsible for the first $500 of labor and $500 of parts per major repair and bound to the hourly rates on the contract after the first $500 of labor per major repair. Repair and replacement parts charged to the State will be done so at the rates indicated in Section III.C.q.

9) Repair and replacement parts charged to the State will be invoiced at part cost plus 10% for handling and profit. The State reserves the right to selectively audit the Contactor’s invoices in order to verify the cost price for said parts. The Contractor must purchase parts from the least costly source. Freight charges will be billed direct to the State and the State shall reimburse the Contactor for the full amount of the freight expense. The invoice shall contain the necessary breakdown of costs with back up documentation.

C. Documentation of Work Performed in Reference to Invoicing

1) The Contractor’s service personnel shall, upon arrival, report to the Maintenance

Office. Upon completion of the work, service personnel shall return to the Maintenance Office, with the completed Service Log and have it verified by the Maintenance Director. It shall be the responsibility of the Contractor’s service personnel to either log in and out, where directed by the State representative, each time they visit the site for a routine or demand service check. An itemized ticket indicating the work accomplished shall be left with the Maintenance Director after each visit. The itemized ticket must be detailed of what work was accomplished and signed by the Maintenance Director.

i. One (1) copy will be kept as part of the generator log at the location of the equipment.

ii. One (1) copy will be retained by the Contractor.

iii. One (1) copy of each service ticket shall be left with the Maintenance Director after each visit.

iv. One (1) copy of each service ticket will be mailed with the monthly invoice.

2) The following reductions shall be used in adjusting the Contractor’s invoice when the Contractor fails to perform any task required in these specifications or performs any task below the standards as required in these specifications:

i. First occurrence- written documentation notice from the Contract Monitor to the Contractor.

ii. Second occurrence- written documentation and deduction of 1/60th of monthly invoice amount.

iii. Third occurrence- written documentation and deduction of 1/30th of monthly invoice amount.

iv. These occurrences may result in the Termination of the Contract for Default as determined by the Procurement Officer.

3) Should the Contractor dispute the validity of a reduction determination made by the Maintenance Director, they may appeal the reduction to the Chief Operating Officer (COO) within seven (7) calendar days of receiving notice of the reduction. The COO will review the reduction and make a written determination as to its validity within seven (7) days of the receipt of the appeal from the Contractor. Should the Contractor disagree with the decision of the COO, the Contractor may appeal the COO’s decision to the Assistant Secretary for Facilities Operation and Maintenance, Annapolis Public Buildings and Grounds, within seven (7) calendar days of the receipt of the COO’s decision. The Assistant Secretary for Facilities Operations and Maintenance shall review all documentation, evidence, and arguments of the Contractor and Maintenance Director and make a written determination as to the validity of the reduction within seven (7) days of receiving the appeal from the Contractor.

D. Working Hours – Normal, Holiday and Overtime

1) Hourly rates for any testing, maintenance service, and/or emergency repairs not included in the regularly scheduled preventive maintenance, or deemed outside the scope of this contract, shall be performed at the hourly rates specified on the Bid form.

2) Normal work hours are herein defined as any Monday through Friday (excluding State Holidays), 7:00 a.m. to 3:30 p.m.

3) Holiday work hours are herein defined as any hours worked on an official State Holiday.

4) Overtime work hours are herein defined as any hours not already defined above as normal or holiday work hours.

E. Site Visit and Acceptance of Equipment

1) Bidders are strongly urged to attend the site visit. Failure to attend this site visit does not relieve the Contractor from meeting the requirements of this contract.

2) With the exception of the existing repair needs exclusion as defined above in Section

III.B.f, the Contractor is accepting the equipment “AS IS”. By accepting the equipment “AS IS” the contractor will not be allowed to claim that a pre-existing condition prevented him from fulfilling the requirements of this contract.

F. Contractor Contact Information for Service Personnel

1) Five (5) working days following the award of this contract, the Contractor shall submit and organizational chart to the Contract Monitor. The chart shall clearly identify each position in the Contractor’s organization, beginning with the highest local position in his/her chain of command and a list in descending order his/her subordinate positions that will, or may manage or supervise the Contractor’s employee’s during the term of this contract. For each position given, a telephone number where the Contract Monitor may reach that person during normal working hours and at least one (1) emergency telephone number where the Contractor or representative can be reached on seven (7) days a week, twenty-four

(24) hour basis, including Holidays. The organizational chart shall be maintained current at all times during the full term of this contract, and should a change occur during the contract period, the Contractor shall notify the Contract Monitor, specifying any changes in writing.

G. Insurance Requirement See Section 3.5 for details.

3.2.1 Facilities Maintenance Supplemental Requirements

This supplemental contains additional requirements under Section 2 of the solicitation.

3.2.2 Security Requirements

The following requirements are applicable to the Contract:

3.2.2.1 Employee Identification

3.2.2.1.1 Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

3.2.2.1.2 Contractor Personnel shall cooperate with State site requirements which includes, but not limited to, being escorted at all times and providing information for State badge issuance.

3.2.2.1.3 Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein.

3.2.2.1.4 The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

3.2.2.2 Security Clearance / Criminal Background Check

3.2.2.2.1 The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State. A security clearance is not required for Contractor Personnel.

3.2.2.2.2 A criminal background check for any Contractor Personnel providing on-site service roles shall be completed prior to each Contractor Personnel providing any services under the Contract.

3.2.2.2.3 The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

3.2.2.2.4 Contractor Personnel that would have access to systems supporting the State or to State data who have been convicted of a felony or convicted of a crime involving telecommunications and electronics or convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on the Contract.

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

3.2.2.3 On-Site Security Requirement(s)

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

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

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

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

C. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art.

Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

3.2.3 Substitution of Personnel

If the solicitation requires that a particular individual or personnel be designated by the Bidder/Offeror to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the

Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

3.2.4 Green Purchasing

Contractors must comply with Maryland’s Green Purchasing Reporting Requirements. See the Green Purchasing website for more information. Green Purchasing (maryland.gov).

To facilitate consistent reporting on targeted contracts, the Contractor will be provided with a VENDOR GREEN SALES REPORT template by the Maryland Department of General Services

(DGS).

A. Product Material Requirements

1) The Contractor must not provide products containing more than one-tenth of 1% of pentaBDE, octaBDE, or decaBDE by mass.

i. Limitations on Hazardous Substances (Environment Article §6–1201:§6–1204)

A person may not manufacture, process, sell, or distribute in the State a new product or flameretardant 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.

2) The Contractor must not provide products that contain mercury unless there are no commercially available mercury-free products for a specific application. In such cases, the Contractor must provide products containing the least amount of mercury necessary to meet performance requirements. The Contractor must clearly label in its Quote all products that contain mercury

i. Mercury and Products that Contain Mercury (COMAR: 21.11.07.07) “All procurement agencies shall give a preference under this regulation to procuring products and equipment that are mercury-free. If mercury-free products and equipment that 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 requirements.”

B. Packaging Requirements and Recommendations

1) The Contractor must not provide or use packaging or packaging components (e.g. inks, dyes, pigments, adhesives, stabilizers, and additives) with lead, cadmium, mercury or hexavalent chromium at concentration levels exceeding 100 parts per million by weight or 0.01%.

i. Limitations and Prohibitions on Heavy Metals in Packaging (Environment Article §9–1901:§9– 1907) “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:

(1) Lead; (2) Cadmium; (3) Mercury; or (4) Hexavalent chromium. The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium incidentally present in a package or packaging component may not exceed: …By July 1, 1995, 100 parts per million by weight or 0.01%.”

2) Where the Contractor uses packaging in addition to manufacturer packaging, the Contractor is encouraged to select packaging that minimizes or eliminates the use of disposable containers and/or incorporates recycled content, and is easily recyclable through the State’s contracted recycling programs. The Contractor shall avoid the use of polystyrene foam packaging (e.g., peanuts) and other difficult-to-recycle packaging materials. Where appropriate, Contractor packaging using reusable crates or reusable pallets is preferred over boxed packaging.

3) For corrugated cardboard packaging (also known as containerboard packaging), the

Contractor is encouraged to use versions that contain a minimum of 25% by weight of post-consumer materials, which is the minimum post-consumer content level for packaging specified by the U.S. Environmental Protection Agency Comprehensive Procurement

Guidelines.

C. Shipping/Transport Requirements and Recommendations

1) The Contractor must comply with the limitations on idling as set forth in Transportation

Article §22-402.

i. Idling Law (Transportation Article §22-402) “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: (i) When a vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control; (ii) When it is necessary to operate heating and cooling or auxiliary equipment installed on the vehicle; (iii) To bring the vehicle to the manufacturer's recommended operating temperature; or (iv) When it is necessary to accomplish the intended use of the vehicle.

2) 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 can be found here:

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

D. Environmentally Preferable Purchasing Requirements

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

2) The State of Maryland requires the Contractor to submit at a minimum quarterly sales data over the life of this contract per a schedule established and deemed reasonable by both parties, or by request by the Department of General Services. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold on this Contract per the contract specifications. The Contractor must notify the State if a product contains mercury. To facilitate consistent reporting on this contract, the Contractor will be provided with a

CONTRACTOR GREEN SALES REPORT template from the Green Purchasing Committee

(GPC), the Office of State Procurement (OSP) or the Department of General Services (DGS).

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

Annotated Code of Maryland and COMAR 21.13.01.14, effective October 1, 2014, which requires Maryland state agencies to report to the Department of General Services on their procurement of environmentally preferable products and services.

3) All environmental benefit claims made by the Contractor concerning products or services offered on this contract must be consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Claims. Quote/Proposal Affidavit language, as reflected in COMAR 21.05.08.07: I FURTHER AFFIRM THAT: Any claims of environmental attributes made relating to a product or service included in the Quote or proposal are consistent with the Federal Trade Commission’s Guides for the Use of

Environmental Marketing Claims as provided in 16 CFR §260, that apply to claims about the environmental attributes of a product, package, or service in connection with the marketing, offering for sale, or sale of such item or service.

E. Energy-Using and Energy Efficiency Product Requirement

1) The Contractor must provide, clearly label, and promote the purchase of highly energy-efficient (including ENERGY STAR-certified or EPEAT-Registered Silver or Gold) products.

a. Energy Savings Goals for State Government (Executive Order 01.01.2019.08, Effective date: June 25, 2019) “All units of State government shall, in support of their core missions, implement projects and initiatives to conserve energy and reduce consumption,” recognizing that “[r]educing energy use in State government produces positive environmental, fiscal and health benefits for all Marylanders, and aids compliance with the state Greenhouse Gas Reduction Act of 2016.

2) The Contractor must only provide EPEAT-Registered Silver or Gold products. When EPEAT

Registered Silver or Gold products are not available, the Contractor must provide an equivalent product that is ENERGY STAR-certified.

a. EPEAT Purchase Requirement (State Finance and Procurement Article §14–414)

When purchasing an electronic product to be used by the State, a State unit shall purchase an electronic product that:

i. Is listed and rated Silver or Gold on the EPEAT Registry; or

ii. Meets nationally recognized and consensus–based standards established by a comprehensive environmental rating system approved by the Department of

Information Technology.

b. ENERGY STAR® Purchase Requirement (Executive Order 01.01.2001.02, Effective date: March 13, 2001 (28:7 Md. R. 675)) Efficient Product Purchase Goal: “The State shall purchase Energy Star products when purchasing energy–using products, including computers, printers, copiers and other office equipment, or shall purchase products in the top 25% in energy efficiency for products where labels are not available.”

3) If requested products are not eligible for ENERGY STAR certification or EPEAT registration, the Contractor must only provide products that are in the top 25% in energy efficiency or have earned one or more of the following certifications.

a. Compliant with California Title 20 Appliance Efficiency Standards. Title 20 is the

State of California’s Appliance Energy Efficiency Regulations, which are minimum energy-efficiency standards that apply to a wide array of appliances such as:

i. Air Conditioners

ii. Dehumidifiers

3.3.0 Departments Obligations

iii. Fans

iv. Heat Pumps and Other Heating Products

v. Lighting Equipment

vi. Motors

vii. Plumbing Products

viii. Refrigeration Products

ix. Water Heaters

b. Title 20-compliant appliances are listed in the California Energy Commission’s

Modernized Appliance Efficiency Database System (MAEDbS).

c. NEMA Premium Efficiency, which is a certification program for electric motors established by the Motor and Generator Section of the National Electrical Materials

Association (NEMA) “to assist…