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.

1.3. 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.

Construction Supplemental Effective Date: July 2024

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

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.

2. Bid/Proposal Bond Notice A. Solicitations for construction contracts reasonably expected by the procurement officer to exceed the small procurement threshold for construction in Md. Code Ann., State Fin. & Proc. (SFP) § 13-109 ($200,000 as of October 1, 2025) shall contain notice of bid/proposal security requirements (See COMAR 21.06.07).

B. Solicitations for all other contracts reasonably expected by the procurement officer to exceed the small procurement threshold in SFP § 13-109 ($100,000 as of October 1, 2025) and for which the Bid/Proposal Bond Attachment is included, shall contain notice of the bid/proposal security requirements.

C. Notwithstanding A and B of this section, notice of bid/proposal security is required if a federal law or a condition of federal assistance for the contract requires it.

3. Construction Contract Retainage See COMAR 21.06.06.01.

4. 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 executed by the bidder or offeror and provided to the Procurement Officer prior to award of the contract.

4. American-Manufactured Goods