Commodity Supplemental LABOR-FY2027-016 Youth and Young Adult Final.pdf

Commodity Supplemental Effective Date: July 2024

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

1. Mercury and Products That Contain Mercury

This solicitation does not include the procurement of products known to likely include mercury as a component.

2. Green Purchasing

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

The State of Maryland is committed to purchasing environmentally preferable products and services (EPPs). Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.”

Accordingly, Bidders/Offerors are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

The Contractor may provide products that include recycled content, sustainability certifications, or other environmentally beneficial attributes. Upon request, the Contractor may provide general information regarding such attributes for products supplied under this Contract.

Formal Green Purchasing reporting requirements, including quarterly reporting and submission of environmental sales data, are not applicable to this Contract.

3. Basis of Award

The award for this solicitation will be made to the responsible Offeror whose proposal is determined to be the most advantageous to the State, as determined by the Procurement Officer, considering the evaluation factors set forth in the RFP, in accordance with COMAR 21.05.03.

a). Single Award – The State intends to make a single award for all goods and services required under this solicitation. Offerors must propose on the full scope of work as defined in the RFP.

Offerors shall submit a proposal, including pricing, based on the product descriptions (specifications) and requirements set forth in this solicitation. Pricing shall be provided in accordance with Attachment B – Price Form and must include all costs associated with full performance of the Contract.

b). Unit of Measure (U/M) – As specified in the Price Form.

c). Specification – Youth and Young Adult Library Materials for Correctional Education Libraries, as detailed in Section 2 of the RFP.

Award will not be based solely on lowest price. Technical and financial factors will be evaluated together to determine best value to the State.

https://dgs.maryland.gov/Pages/GreenPurchasing/Resources/Specifications.aspx

The State reserves the right to reject any or all proposals, in whole or in part, waive minor irregularities in accordance with COMAR, and make an award with or without discussions, or to request Best and Final Offers (BAFOs), if deemed in the best interest of the State.

4. Price Escalation

Not Applicable

5. Unit Prices

This is a firm fixed price Contract. All pricing shall be provided in accordance with Attachment B – Price Form and shall include all costs necessary for full performance of the Contract, including materials, processing, cataloging, labeling, packaging, and delivery.

No unit price adjustments, escalation, or additional charges will be permitted.

Any changes to the scope of work must be authorized in writing by the Procurement Officer through a formal Contract modification. Any such modification shall be within the general scope of the Contract and subject to the availability of funds.

6. Tax Exemption

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request.

Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

7. Specifications Supplemental

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

8. Delivery and Acceptance

Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The State unilaterally may order in writing the suspension, delay or interruption of performance hereunder. The State reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered FOB Destination 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. The Bidder/Offeror shall promptly replace Rejected materials. The State 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. EPA Compliance

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

10. Occupational Safety and Health Act (OSHA)

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

11. Returned Goods

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to costs allowable, reasonable and allocable to the returned goods in accordance with COMAR 21.09. Contractor must provide written proof of claimed costs. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.