Construction_Supplemental.pdf

Construction Supplemental Effective Date: July 2024

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

1. Security Requirements

The following requirements are applicable to the Contract:

1.1. Employee Identification

a) 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.

b) 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.

c) 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.

d) 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.

1.2. Security Clearance / Criminal Background Check

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 criminal background check is not required for Contractor Personnel.

A security clearance is not required for Contractor Personnel.

2. Construction Contract Retainage See COMAR 21.06.06.01.

3. Electronic Transaction Fee A. For projects with Project Classifications valued at $5,000,000.00 and below, a Contractor shall pay an electronic transaction fee to the State equal to one percent (1%) of the amount paid to the Contractor by the State for accepted work. The electronic transaction fee shall not be charged directly to the customer, e.g., as a separate line item, fee or surcharge, but shall be included in the price listed in the Contractor’s Project Quotation.

B. Within forty-five (45) days of receiving payment from the State for accepted work, the Contractor shall submit the electronic transaction fee to the Office of State Procurement: Fiscal Services Division, 301 W. Preston Street, Room 1309 Baltimore, MD, 21201.

Construction Supplemental Effective Date: July 2024

C. Failure to remit transaction fees in a timely manner or remittance of fees inconsistent with the Contract’s requirements may result in the State exercising all recourse available under the contract including, but not limited to, a third-party analysis of all Contract activity, deeming the Contractor in default of the Contract, and Contract termination.

Prior to the award of a contract, the Contractor will be asked to confirm in writing that the price included in its Bid includes the one percent (1%) electronic transaction fee.

5. American-Manufactured Goods

A. The contract awarded under this solicitation is subject to § 14-416 of the State Finance and

Procurement Article, Annotated Code of Maryland, and COMAR 21.11.15.04 requiring that all goods furnished or supplied under the contract will be American-manufactured goods, as defined in COMAR 21.11.15.04B(1), unless:

1. The goods are “emergency life safety and property safety goods” as defined in COMAR

21.11.15.04B(2); or

2. DGS determines that:

a. The price of the American-manufactured goods exceeds by an unreasonable amount the price of similar manufactured goods that are not manufactured in the United States;

b. The goods or similar goods are not manufactured or available for purchase in the United States in reasonably available quantities;

c. The quality of the goods or similar goods manufactured in the United States is substantially less than the quality of comparably-priced, similar and available goods that are not manufactured in the United States; or

d. The procurement of a manufactured good would be inconsistent with the public interest.

B. By submitting a bid or proposal, the bidder or offeror certifies that all goods furnished or supplied under the contract will be American-manufactured goods, as defined in COMAR 21.11.15.04B(1), except as otherwise disclosed by the bidder or offeror in the Certification of American-Manufactured Goods, Table B Attachment F to this solicitation, executed by the bidder or offeror and provided to the Procurement Officer prior to award of the contract.