Cumberland Complex Janitorial Services Invitation for Bid.pdf

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STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY

CORRECTIONAL SERVICES

INVITATION FOR BIDS

FOR

Cumberland Complex Janitorial Services

BPM039720

ISSUE DATE: 11/9/2023

NOTICE

A Prospective Bidder that has received this document from a source other than eMaryland Marketplace

(eMMA) https://procurement.maryland.gov should register on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED

TO RESPOND TO THIS SOLICITATION

SP 07.2017

NOTICE TO VENDORS

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 Key Information Sheet below for contact information).

Title: Cumberland Complex Janitorial Services

Solicitation No: BPM039720

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 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: __________________________________________________________________________

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL

SERVICES (DPSCS)

KEY INFORMATION SUMMARY

SHEET

Invitation for Bids Cumberland Complex Janitorial Services

Solicitation Number: BPM039720

IFB Issue Date: 11/9/23 IFB Issuing Office: Department of Public Safety & Correctional Services (DPSCS) Procurement Officer: Michael Negley Phone:

Email:

443-742-7823 mike.negley@maryland.gov

Contract Monitor: Michael Iser

443-271-7823 mike.iser@maryland.gov

Bids are to be sent to: Submit Via eMMA Site Visit: 12:00 P.M, November 14, 2023

Meeting location will be the maintenance building at the location below:

13800 McMullen Highway – Cumberland, Maryland 21502 Each person attending the site visit should notify the procurement officer via email no later than November 13, 2023.

Questions Due Date and Time 11/21/23 at 2:00 PM Bid Due (Closing) Date and Time:

11/23/23 at 2:00 PM

Contract Type: Firm Fixed Price Primary Place of Performance: Western Correctional Institution/North Branch Correctional Institution

13800 McMullen Highway/14100 McMullen Highway Cumberland, Maryland 21502

Minimum Qualifications and References:

Please refer to section 1.5.21

SBR Designation: No Federal Funding: No

ALL INQUIRIES PERTAINING TO THIS SOLICITATION MUST BE

SUBMITTED TO THE PROCUREMENT OFFICER IDENTIFIED ABOVE.

mailto:mike.negley@maryland.gov

SECTION 1 - SPECIFICATIONS

1.1 OBJECTIVE

The Maryland Department of Public Safety and Correctional Services (DPSCS or Department) is soliciting bids to procure the following.

To provide janitorial services for the DPSCS Cumberland Complex, which has two locations:

Western Correctional Institution (WCI) 13800 McMullen Highway SW Cumberland, MD and

North Branch Correctional Institution (NBCI) 14100 McMullen Highway Cumberland, MD 21502

Both of these locations are State agencies managed under the authority of DPSCS.

1.2 BASIS OF AWARD

This procurement is being conducted under Small Procurement Regulations as set forth in Code of Maryland Regulations (COMAR) 21.05.07. The basis of award shall be the most favorable bid price.

In the event of tie bids, the provisions of COMAR 21.05.02.14 shall determine the successful bidder.

1.3 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. Bids shall be uploaded into eMMA by the due date and time for consideration.

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

1.4 eMaryland MARKETPLACE ADVANTAGE

Each Bidder is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number on the bid form at the time of its submission to this IFB.

In order to submit a bid and / or to receive a contract award, a vendor must be registered on eMMA.

Registration is free. Go to https://emma.maryland.gov/page.aspx/en/usr/login, click on “Register” to begin the process, and then follow the prompts.

https://emma.maryland.gov/page.aspx/en/usr/login

1.5 SCOPE OF WORK / DETAILED SPECIFICATIONS

The Department occupies space on the first floor of two one-story structures located at WCI and NBCI. The offices contain approximately 22,750 net useable square feet, and approximately 20,000 square feet. The designated Contract Monitor is Michael Iser (Correctional Maintenance Manager) for the Western Regional Complex. The Facility Coordinator will be Edward Twigg (Western Regional Complex Maintenance Supervisor).

These buildings must be cleaned at the frequency and to the standards as detailed in these specifications. The Contract Managers or their designees shall determine whether the tasks have been performed, and that the performance is in accordance with the standards set forth in these specifications. Failure to perform a task or to perform a task to the specified standard will result in reduction in the Contractors monthly invoice. In addition to the specific standards below, the Contractor shall ensure that the facility is uniformly clean, hygienic, orderly, and maintained in such a manner which will reflect well on the State.

1.5.1 – WEEKLY CLEANING SERVICE, MONDAY THROUGH FRIDAY

A. Restrooms

• Floor shall be swept and wet-mopped or scrubbed with germicidal detergent.

• Water closets and urinals shall be washed and sanitized. No rust or encrustation shall be maintained, free from odor at all times. Washbasins shall be clean.

• Mirrors, shelving, dispenser and Chromium fixtures shall be damp-wiped and polished.

• All other surfaces shall be spot-cleaned and horizontal surfaces dusted.

• Paper towel waste receptacles shall be emptied and towel, soap and toilet paper dispensers serviced and adequately supplied prior to occupant’s official starting time.

• Waste receptacles shall be emptied, dispensers serviced and adequately supplied, wash basins cleaned, the room policed to remove paper, trash or spillages.

• Sanitary napkin receptacles shall be emptied, cleaned, disinfected and provided with a new plastic bag liner daily.

B. Room Cleaning – Conference rooms, corridor, lobbies, lunch room, break rooms, interview rooms and space adjacent to these areas shall receive the following daily cleaning:

• Waste baskets shall be emptied and the wastepaper and trash removed to main disposal area.

• The full floor area is to be swept daily with a treated sweep mop to remove all dirt, dust and litter.

• Spot clean carpet as necessary.

• Dust furniture as needed.

C. Lobbies and Corridors - Floors shall be swept or if carpeted, vacuumed. Hard floors shall be wet- mopped or scrubbed and resilient floors damp-mopped on those floors having exterior building entrances. Drinking fountains shall be cleaned. Glass entrance doors shall be cleaned to remove fingerprints and smudges.

D. Waste Collection, Recycling and Removal - All refuse, trash and garbage including that from the snack bars and vending machines shall be collected and removed from the building. The Lessor agrees to comply with the Lessee’s Waste Material Recycling Program governed by Section 9- 1706 of the Environment Title of the Annotated Code of Maryland.

1.5.2 – SUPPLIES

All janitorial and housekeeping supplies in support of this contract will be supplied by the facility. The products offered will be the standard Correct Pac cleaning products and state issued paper products.

The list of products can be viewed at https://store.mce.md.gov/p-1363-correctpac.aspx

1.5.3 – NET CLEANABLE SQUARE FOOTAGE

NBCI Gatehouse:

Approximately 1,800 square feet of carpeted floor surface Approximately 4,650 square feet of VCT (Vinyl Composition Tile) Approximately 710 square feet of ceramic tile flooring (in restrooms) Approximately 7,160 net square feet of cleanable space on the first floor

(6) Restrooms (with ceramic tile flooring)

(1) Restroom Exhaust Fans

(14) Windows (N/A) Fluorescent lamp fixtures

(0) Sets of Mini-blinds

(30) Air vents and returns

(10) Approximate # of employees

(40) Trash cans

Administration Building:

Approximately 900 square feet of carpeted floor surface Approximately 8,000 square feet of VCT (Vinyl Composition Tile) Approximately 600 square feet of ceramic tile flooring (in restrooms) Approximately 9,500 net square feet of cleanable space on the first floor

(5) Restrooms (with ceramic tile flooring)

(5) Restroom Exhaust Fans

(42) Windows

(130) Fluorescent lamp fixtures

(40) Sets of Mini-blinds

(67) Air vents and returns

(25) Approximate # of employees

(100) Trash cans https://store.mce.md.gov/p-1363-correctpac.aspx

WCI Gatehouse:

Approximately 0 square feet of carpeted floor surface Approximately 5,010 square feet of VCT (Vinyl Composition Tile) Approximately 1,140 square feet of ceramic tile flooring (in restrooms) Approximately 6,150 net square feet of cleanable space on the first floor

(5) Restrooms (with ceramic tile flooring)

(3) Restroom Exhaust Fans

(10) Windows

(48) Fluorescent lamp fixtures

(0) Sets of Mini-blinds

(30) Air vents and returns

(5) Approximate # of employees

(20) Trash cans

Maintenance Building:

Approximately 0 square feet of carpeted floor surface Approximately 1,840 square feet of VCT (Vinyl Composition Tile) Approximately 250 square feet of ceramic tile flooring (in restrooms) Approximately 2,090 net square feet of cleanable space on the first floor

(7) Restrooms (with ceramic tile flooring)

(8) Restroom Exhaust Fans

(30) Windows

(41) Fluorescent lamp fixtures

(6) Sets of Mini-blinds

(17) Air vents and returns

(40) Approximate # of employees

(26) Trash cans

Note: All details on square footage and numbers of amenities and fixtures are approximate. Bidders are responsible for cleaning the entire facility and all amenities and fixtures located therein.

1.5.4 TERM OF CONTRACT

The term of this Contract shall be for a period of one (1) year. Starting January 1, 2024 and ending December 31, 2024.

1.5.5 HOURS WHEN WORK MAY BE PERFORMED

Standard operating hours of Western Correctional Institution and North Branch Correctional Institution are as follows:

Monday 8:00a.m. to 4:00p.m.

Tuesday 8:00a.m. to 4:00p.m.

Wednesday 8:00a.m. to 4:00p.m.

Thursday 8:00a.m. to 4:00p.m Friday 8:00a.m. to 4:00p.m.

Work shall be performed Monday to Friday only during the standard operating hours listed above.

Weekly and as-needed janitorial tasks may be performed per the above schedule Monday through Friday, or on State holidays and weekends with prior approval of the Contract Monitor – Michael Iser or his/her designee.

1.5.6 STATE HOLIDAYS

State holidays on which janitorial services will not be required from the Contractor include:

New Year’s Day Columbus Day Martin Luther King Day Veterans Day Presidents Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day

1.5.7 BUILDING CLOSURE

Whenever State employees are excused early as the result of severe inclement weather or hazardous conditions, the Contractor may perform work outside of the hours specified in Section 1.5.5. The Contractor must make every reasonable effort to provide janitorial services, particularly if the occurrence is on a Friday or a day preceding a State Holiday when work may be performed during the holiday or weekend so that the building is clean prior to standard operating hours on the following work day. Should the Contractor be unable to provide janitorial services to the building, the Contractor must notify the Contract Monitor or his/her designee that the services will not be provided. The Contractor shall not receive payment for any daily tasks not performed as a result of the building being closed.

1.5.8 EMERGENCY CONDITIONS

In the event of any declared State Emergency the contractor shall make arrangements with the Contract

Monitor or his or her designee as to when the services will be resumed.

1.5.9 CONTRACTOR/ON SITE SUPERVISOR

The Contractor, five (5) days prior to the start of the contract, shall establish a regular service schedule for completing all weekly tasks that is agreeable to the Contractor and the Contract Monitor.

• The successful Contractor shall provide for an On-Site Supervisor who will represent the Contractor in all matters concerning this Contract. The On-Site Supervisor shall have at least two (2) years’ experience supervising cleaning services of similar type and size of these specifications.

• The On-Site-Supervisor must have the ability to fully speak, read and write English.

• The On-Site Supervisor and the requisite janitor(s) shall perform the cleaning tasks during the hours stated in Section 1.5.5, Hours When Work May Be Performed, Monday through Friday.

• The On-Site Supervisor shall make himself/herself available at the request of the Contract

Monitor or his/her designee, between the hours of 4:30 p.m. and 5:00 p.m. Monday through Fridays, for the purpose of obtaining instructions or becoming informed about deficiencies in the janitorial work, or any other reason the Contract Monitor or his/her designee should wish to confer with the On-Site Supervisor.

• Failure of the on-site Supervisor to be present at any time janitorial work is performed under this Contract shall be considered as breach of the contract and shall be cause to consider the Contractor in default, subject to termination.

• The On-Site Supervisor will be given a copy of these Specifications and the appropriate schedules and standards.

• The On-Site Supervisor is responsible for presenting to the Contract Monitor a schedule of dates and times when the weekly tasks will be accomplished. This schedule is to be presented no later than thirty (30) calendar days following the first day of service under this Contract. The On-Site Supervisor is also responsible for presenting documentation to the Contract Monitor or his/her designee when the seasonal tasks are actually performed. The Contract Manager or his/her designee will provide the contract monitor with a signed copy approving the service.

• The On-Site Supervisor will provide the Contract Monitor or his/her designee with a nightly checklist of all cleaning that is scheduled to be performed weekly.

• For all cleaning tasks, the Contract Monitor or his/her designee will inspect the work, approve and sign off on the checklist. If there is a discrepancy in the work performed, the Contract Monitor will notify the On-Site Supervisor as to what was incomplete or unsatisfactory for the On-Site Supervisor to resolve immediately depending on the nature of the problem.

• Failure of the On-Site Supervisor to provide the Contract Monitor or his/her designee with the schedule of weekly cleaning tasks within thirty (30) calendar days of the start of this Contract shall be considered as a breach of the contract and shall be cause to consider the Contractor in default, subject to termination.

• The On-Site Supervisor is responsible and accountable for all activities and behavior of all personnel assigned by the Contractor to perform work under this Contract.

1.5.10 CONDUCT OF CONTRACTORS EMPLOYEES

Employees of the Contractor, while performing work under this Contract, will not:

• Remove any State or personal property, equipment, monies, forms or any other item(s) from the building;

• Engage in loud or boisterous behavior;

• Operate, radios, tape/CD players or other sound amplification devices;

• Be under the influence of alcohol or drugs;

• Gamble;

• Turn on, or off, or use any equipment other than the contractor's equipment;

• Use any State telephone except a telephone designated by the Facility Coordinator for the purpose of business under this contract; the contractor shall reimburse the State for any costs for misuse of telephones;

• Open any desk, file cabinet or storage cabinet;

• Consume any food or beverage other than that brought with the employee or purchased from vending machines, and only in areas designated by the Facility Coordinator;

• Engage in horseplay;

• Remove any item from desks, file cabinet, storage cabinet, or any other location;

• Sleep;

• Engage in long conversations with security guards, visitors or other individuals;

• Take photographs of the building or its contents;

• Remove any documents, records, forms or paper of any kind which is not either in trash cans or clearly marked as trash;

• Engage in any activity which is not in the best interest of the State or is otherwise detrimental to the performance of this contract;

• Have visitors, bring children to work or bring any unauthorized individuals into the facility at any time; or

• Enter the facility during non-specified working hours without the prior knowledge and approval of the On-Site Supervisor or his/her designee.

The Contract Monitor may direct the Contractor to replace any employee who violates any provision of this Contract, or who is perceived as being unqualified, unproductive, disruptive, or who is reasonably believed to have committed any violation of law. The Facility Coordinator or Contract Monitor may notify the Contractor’s representative verbally that the unacceptable employee be immediately removed from the Department’s premises, and request an immediate replacement. The Contract Monitor will follow up with written notification to the Contractor as soon as practicable. The Contractor shall remain responsible for timely performance of all requirements of the Contract.

1.5.11 SUPPLIES FURNISHED BY THE FACILITY

• All janitorial and housekeeping supplies in support of this contract will be supplied by the facility. The products offered will be the standard Correct Pac cleaning products and state issued paper products. The list of products can be viewed at https://store.mce.md.gov/p-1363-correctpac.aspx

• The trash carts for collection of trash throughout the building are not provided. Provision of trash carts will be the responsibility of the Contractor.

• Trash carts shall be approved by the Contract Monitor.

• The Contractor must own or acquire, prior to the start date of the contract, all necessary commercially rated equipment for the proper performance of the contract. All equipment must be fully operational upon the start of the contract.

• The Contractor shall provide a list of all of its equipment with serial numbers to the Contract Monitor or his/her designee.

1.5.12 SERVICES TO BE SUPPLIED BY THE STATE

• The State will supply the Contractor with light, heat, power, and hot/cold water for the cleaning of the building. (Note: Hot water temperature is regulated by the State’s energy guidelines and cannot be increased above the current guideline temperature). Building temperatures are adjusted during non-business hours to reduce energy use; workers may occasionally need to dress in cooler or warmer clothing as building temperatures dictate.

• The State will provide janitorial closets for housing of the Contractors equipment and supplies.

These closets will be supplied with locks to safeguard the Contractors property. These closets must be maintained in clean, neat and orderly condition by the Contractor.

• Two (2) Keys to the janitorial closets will be issued to the Contractor and will be the responsibility of the Contractor. Should the Contractor or Contractor’s employees lose either of these or any other building keys, the Contractor shall be responsible for the costs of replacing or re-keying the locks so affected.

• The Contractor shall not make duplicates of any keys issued.

• The Department of Public Safety and Correctional Services (DPSCS) will supply a trash receptacle (dumpster) for the final disposal of trash collected in the building. The Contractor shall deposit all trash collected in the building in the receptacle provided and insure all lids, doors and other openings to the receptacle are closed and latched.

• If the Department of Public Safety and Correctional Services (DPSCS) has recycle and landfill waste dumpsters, recyclable waste must be separated and placed in the recycle dumpster.

1.5.13 SECURITY AND REGISTRATION OF CONTRACTORS EMPLOYEES

Contractor's employees performing work under this Contract will be required to pass a Security Clearance background check performed by the Department of Public Safety and Correctional Services and/or the Maryland State Police. The Contractor shall obtain the necessary Security Clearance forms from the Contract Monitor, fill them out and return them to the Contract Monitor with the appropriate information provided for each employee the Contractor intends on assigning to the Contract. Any employee determined to be unsuitable as a result of the Security Clearance background check shall not be utilized for work under this Contract.

The Security Clearance background check may be required prior to an employee being assigned to perform work under this Contract or anytime thereafter. If an employee already assigned and working under this Contract refuses to permit a Security Clearance background check or if the Security Clearance background check reveals the already-assigned employee to be unsuitable, the Contractor shall discontinue using that employee for performing work under this Contract upon being notified by the On-Site Supervisor that the employee has been determined to be unsuitable. The Contractor will notify the Contract Monitor of all employees discharged from the contract.

1.5.14 REDUCTIONS FOR NON-PERFORMANCE

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.

For the 12-month period of the contract:

First Occurrence - Written documentation notice from the Contract Monitor to the Contractor.

Second Occurrence - Written documentation and deduction of 5% of monthly invoice amount.

Third Occurrence - Written documentation and deduction of 10% of monthly invoice amount and possible Cure Meeting to be scheduled.

Each Additional Occurrence - Written documentation and deduction of 15% of monthly invoice amount.

Note: Copies of all correspondence regarding this clause must be submitted to the Procurement Officer. Reductions for “No Shows” may be based on the normal number of Contractor's personnel assigned to the building multiplied by the hours normally worked by the Contractor, at the hourly billing rate of the Bid. Reductions for below standards work may be made if, after the second documented notification, the Contractor has not corrected the deficiency. If, in the judgment of the Contract Monitor, a deficiency goes unaddressed by the Contractor after timely notification, the Contract Monitor may approve of DPSCS using state employees or another outside firm/contractor to do the work in question and deduct the full cost of that work from the Contractor's monthly invoice. The referenced conditions (examples) may result in Termination of Contract for Default by the Procurement Officer.

1.5.15 DISPUTES ARISING FROM REDUCTIONS FOR NON_PERFORMANCE

Disputes arising from the assessment of any Reduction for Non –Performance shall be handled in accordance with COMAR 21.07.01.06

1.5.16 HOURLY RATE

The Contractor must submit the hourly rates for janitor(s) and On-Site Supervisor, and shall be for non-overtime work regardless of the day of the week, or hour of the day the work is performed. This rate may be used when required by the State to work special hours providing additional janitorial services under the contract. The hourly rates will be used to calculate additions and reductions to the scope of work defined by these specifications. The hourly rates will not be included in the basis for award.

1.5.17 CHANGE TO SCOPE OF WORK

The Procurement Officer may, at any time, change the scope of work of the Contract by written contract modification. On the designated effective date, the Contractor shall make the required changes in its operations.

1.5.18 STATE REPRESENTATIVE

The Contract Monitor will enforce the standards of this Contract. The Contract Monitor does not have authority to change or alter any of the terms and conditions of this Contract.

1.5.19 INSPECTIONS AND APPROVAL OF WORK

The State will demand strict conformance to the standards, and on the frequency specified. The Contract Monitor or his/her designee will inspect all completed work and will ascertain that all tasks have been satisfactorily accomplished.

1.5.20 CONTRACTOR’S EMPLOYEES

The following shall be considered as breaches of contract and shall be cause to consider the Contractor in default, subject to termination.

• All of Contractors employees must wear approved identification badges when in or on State property. The Contract Monitor or his/her designee shall periodically verify passes with employees.

• The Contractor shall require all employees to wear distinctive work clothing for ready identification and assure that every employee is in the proper attire on the date an employee enters on duty. A below-waist work smock is acceptable. Any color or color combination as approved by Contract Monitor or his/her designee may be used, however, the distinctive clothing shall be the same for all of the Contractors employees. Employees will be required to dress neatly commensurate with the tasks being performed.

• Personnel employed by the Contractor shall be capable employees qualified in this type of work.

The Contractor shall initially staff the building with trained and experienced cleaning personnel who will exhibit capability to operate with a minimum of supervision. A fully qualified work force shall be maintained throughout the period of this Contract. All personnel shall receive close and continuing first-line supervision.

• The Contractor’s On-Site Supervisor shall be fully and adequately trained and have a minimum of two (2) years’ experience in cleaning supervision. Proof of past supervisory experience must be given to the Procurement Officer. The Procurement Officer must approve the credentials.

• The Contractor shall employ, at all times, the quantity and quality of supervision necessary for both effective and efficient management of cleaning operations. The on-site Supervisor shall have an intimate knowledge of the various cleaning tasks, equipment and materials so as to be able to both properly train and direct the cleaner(s) in their individual tasks and to maintain and control an effective inspection and follow-up program.

• The Contractor shall not hire State employees to perform any work under this Contract.

1.5.21 CONTRACTOR’s MINIMUM QUALIFICATIONS AND REFERENCES

Prior to submitting a bid for work covered by the specifications for solicitation, the bidder must have no less than three (3) years of experience in providing the comparable type, size and complexity of services described in this solicitation for each reference.

You must submit with the online bid response, at least three (3) and no more than five (5) references of companies or organizations for which the bidder provided services of the type, size, length of service and complexity comparable to those specified in the solicitation.

The references must have been for services provided within the past five (5) consecutive years.

Each reference shall include the following:

1. Name of contact person and working telephone number;

2. Name of facility and address of reference;

3. Term of contract/service;

4. Size (square footage) and type of facility;

5. Type of services provided;

6. Number of workers and positions of service;

7. Letters of testament, experience of officials (optional).

1.5.22 RESPONSIBILITY DETERMINATION

In order to make an award a determination must be made by the procurement officer that the recipient of the award is responsible; that they meet the minimum qualifications required for the contract. The lowest Bid and Contractor Affidavits, Proof of Insurance, and any others as required, if applicable (copy of license, etc.). In addition, the contractor's information will be sent to Maryland Assessments and Taxation and Office of the Comptroller for verification that he/she is cleared of any issues of non-payment. It will be the bidder's responsibility to timely clear any outstanding issues upon notification.

Further, if the bidder failed to attend the site visit, prior to contract award, they may be required to do so in order to confirm that their bid is in accordance with the terms, conditions and specifications. The Department of General Services is not responsible to meet the bidder's schedule and in order to be considered for award, the bidder is strongly encouraged to attend the site at the available schedule of the Facility Manager.

References will be contacted. Only work that can be substantiated may be used for a responsibility determination. The Procurement Officer is not responsible for incorrect or outdated phone numbers or references that fail to respond within three (3) working days. All references must be reachable and willing to furnish information by telephone conversation.

All requirements above must be met in the time limit provided by the Procurement Officer.

Unreasonable failure to supply information promptly in connection with a determination of responsibility is grounds for the rejection of the bid.

1.5.23 COMMUNICATION

The bidder/contractor must provide a reliable means of contact throughout the responsibility determination and throughout the execution of any contract. Failure to respond to any contact (phone, email, fax, letter, etc.) by any Department of General Services representative within 24 hours will jeopardize a bidder's determination of responsibility and the bid may be rejected.

Failure of a Contractor to respond to written notification regarding contractual issues in less than the designated time will render the contract subject to termination for default.

1.5.24 SCHEDULING OF WORK

• At least five (5) days prior to the contract starting date, the Contractor shall submit in writing to the Contract Monitor or his/her designee the name and phone number of the On-Site Supervisor authorized to act for the Contractor in every detail for the janitorial cleaning services.

• Prior to the commencement of the Contract, the Contract Monitor or his/her designee will confer with the Contractor and review the total specification requirements, total workload and the cleaning methods proposed by the Contractor.

1.5.25 SUPPLIES, MATERIALS, EQUIPMENT AND UTILITIES

• Furnish all supplies, materials and equipment necessary for the performance of the work of this Contract unless otherwise specified herein. The Contractor shall provide the Contract Monitor or his/her designee a list giving the brand name, manufacturer and intended use of each of the materials that it proposes to use in performance of the work. The Contractor shall not use any material which the Contract Monitor determines would be unsuitable for the purpose or harmful to the surfaces to which applied or to any other part of the building, its contents or equipment.

• Furnish all necessary commercially-rated cleaning equipment including power floor scrubbing machines, polishing machines, industrial-type HEPA vacuum cleaners, etc., required for the performance of the work of this Contract. The equipment must be of the size and type customarily used in work of this kind and must meet the approval of the Contract Monitor.

• Ensure that each piece of equipment delivered to the Contract work site for use under this Contract is serially numbered and appropriately identified with a plate affixed thereon. The Contractor must furnish the Contract Monitor or his/her designee with a listing of all the equipment delivered to the building with the corresponding serial numbers. On a schedule established by the Contract Monitor his/her designee, an inventory is to be made of the equipment. The purpose of the inventory is to ensure that all equipment is in operating condition and that the quantity and quality agreed upon at the start of this Contract is the same. The Contractor shall accompany the designated State employee conducting the inventory. It is the responsibility of the Contractor to provide only those items approved at the beginning of the

Contract. Further, all equipment shall be operative at all times. Any inoperative equipment shall be repaired and/or replaced within a twenty-four (24) hour period.

• In conjunction with the Contract Monitor, take inventory all of the materials and equipment on hand during the final month of the Contract and develop a listing of any materials and equipment which have been provided by the State. Any materials remaining at the termination of the Contract that have been provided by the State will remain the property of the State.

1.5.26 EMPLOYEE WAGES

The Contractor is required to pay employees that are employed under this contract at least the current Federal Minimum Wage or the current State Minimum Wage, whichever is higher at the time of bid.

1.6 INVOICING AND PAYMENTS

All invoices submitted shall meet the definition of a Proper Invoice, as defined in COMAR

21.06.09.02. Failure to provide a Proper Invoice may result in delayed payment.

The first page of the invoice shall include:

• Contractor name;

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social

• security number);

• Contract Monitor’s name;

• State assigned Blanket Purchase Order number or Purchase Order number.

Invoices shall include the following additional information:

• Remittance address;

• Invoice period;

• Invoice date;

• Invoice number

• State assigned Contract number;

• Services provided; and

• Amount due.

The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or in the event that the Contractor otherwise materially 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 Department, 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 21.10.02.

All invoices are to be submitted to the following email address or email address:

DPSCS.accountspayable@maryland.gov mailto:DPSCS.accountspayable@maryland.gov

1.7 NO BID NOTICE

The Department is committed to providing solicitations that are readily and easily responded to. If you choose not to respond to this solicitation, please fill out the form provided in this solicitation and email it to the Procurement Officer indicated in the key information sheet. We will review your responses and suggestions.

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SECTION 2 – MANDATORY TERMS AND CONDITIONS

2.1 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and 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”). See Section 2.16. By submitting a bid in response to this solicitation, the Bidder, if selected for award as the Contractor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO.

2.2 TAX EXEMPTION

The Department 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.

2.3 DELIVERY AND ACCEPTANCE

2.3.1 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.

2.3.2 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.

2.3.3 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.

2.3.4 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.

2.4 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.

2.5 MARYLAND LAW PREVAILS

The law of Maryland shall govern the interpretation and enforcement of this Contract.

2.6 CHANGES

This Contract may be amended only with the written consent of both parties. Amendments may not significantly change the scope of the Contract (including the Contract price).

2.7 DISPUTES

Disputes arising under this Contract shall 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 Officer.

2.8 TERMINATION FOR NON-APPROPRIATION

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

2.9 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, shall be governed by the provisions of COMAR 21.07.01.11B.

2.10 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).

2.11 NONDISCRIMINATION

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

2.12 ITEMS OF 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 for products containing the least amount of mercury.

2.13 COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that:

2.13.1 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;

2.13.2 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;

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

2.13.4 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.

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

2.14 BID AFFIDAVIT

Each bidder shall execute and attach to the bid or proposal the affidavit included with this solicitation.

2.15 BLANKET PURCHASE ORDER (BPO)/ PURCHASE ORDER AS CONTRACT

2.15.1 As used in this provision, a bid refers to a bid submitted under Small Procurement Regulations

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

2.15.3 As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the Maryland Department of Public Safety & Correctional Services. .

2.15.4 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 30 days or for such longer period as the bidder and the Department may agree.

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

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

i. the PO and/ or BPO; then

ii. the solicitation; and then

iii. the bid.

2.16 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 actual unreimbursed costs incurred by the Contractor including, but not limited to, restocking charges, shipping charges, plus reasonable profit. Contractor must provide written proof of claimed compensation. 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.

2.17 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 partners; 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 laws of any state or of the United States.

2.18 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.

2.19 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 employeer agency, any fee or other consideration contingent on the making of this agreement.

2.20 EPA COMPLIANCE

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

2.21 OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.)

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.

2.22 PRE-EXISTING REGULATIONS

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.

2.23 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 this agreement.

2.24 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.

2.25 NEW MATERIALS

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

2.26 ASSIGNMENT

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

2.27 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.

2.28 COMMERCIAL NONDISCRIMINATION POLICY

2.28.1 As a condition of entering into this Purchase Order, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under State Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability or other 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.