D7ELEC31SB - IFB Final .pdf

Electrical Maintenance & Repair Services Solicitation: D7ELEC31SB IFB Document

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STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

MDOT SHA

INVITATION FOR BIDS (IFB)

ELECTRICAL MAINTENANCE & REPAIR SERVICES

IFB NUMBER D7ELEC31SB

ISSUE DATE: SEPTEMBER 28TH, 2026

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Electrical Maintenance & Repair Services

Solicitation Number:

D7ELEC31SB

IFB Issue Date: September 28th, 2026

IFB Issuing Office:

State Highway Administration (MDOT SHA)

Procurement Officer:

Tyler Zimmerman 150 Wyndtryst Drive, Westminster, MD 21157

Email:

Phone Number:

TZimmerman@mdot.maryland.gov

410-848-6565

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

D7ELEC31SB

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

Pre-Bid Conference:

October 7th 10:00 AM Local Time, at 150 Wyndtryst Drive, Westminster, MD 21157

See Section 4.3 for additional details.

Scheduled Site Visit

October 7th 10:00 AM Local Time, at 150 Wyndtryst Drive, Westminster, MD 21157

Questions Due Date and Time:

October 13th 2:00 PM Local Time

Bid Due (Closing) Date and Time:

October 15th 12:00 PM Local Time

Public Bid Opening Date, Time, and Location

October 15th 2:00 PM Local Time, at 150 Wyndtryst Drive, Westminster, MD 21157

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MBE/DBE

Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of zero percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of zero percent.

Procurement Method:

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Fixed Price

Contract Duration:

Forty-Eight (48) months or until the contract funds have been depleted, whichever comes first

Primary Place of Performance:

150 Wyndtryst Drive, Westminster, MD 21157

SBR Designation: Yes

Federal Funding: No

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

A. The Bidder shall maintain a current State of Maryland Master Electricians License and a copy of this license must be presented prior to award of contract. Bidder shall have been in the commercial Electrical business for a minimum of five (5) years and have available a minimum work force of two (2) State of Maryland licensed journeyman technicians with a minimum of five (5) years commercial Electrical experience. Contractors should also employ technician helpers or electrical apprentices with a minimum of one (1) years’ experience to assist in various tasks. Bidder shall provide documentation of license and commercial experience for electricians prior to aware of contract.

B. The Bidder shall provide with its Bid "Attachment L Reference Checks" three (3) business references, including the name, address, telephone number and point-of-contact of at least three (3) firms, for which the bidder provided commercial Electrical services similar in the scope and complexity of this IFB within the preceding 24 months. References shall be checked prior to award. Any negative responses received may result in disqualification of the bid.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): to provide Electrical services and repairs at the Westminster Shop, 150 Wyndtryst Dr. Westminster, MD 21157 and satellite locations throughout Carroll County.

This work includes all labor, materials, parts, service and transportation to ensure the satisfactory performance and efficient operations of the Electrical systems along with all supporting systems associated with their performance. The Contractor shall inspect and provide service to all Electrical systems equipment in accordance with manufacturers’ recommendations unless otherwise specified in these Contract Documents. Contractor shall consider all equipment in its existing condition and that no adjustments will be made after the award of the Contract. MDOT SHA reserves the right to upgrade, replace, add and/or abandon equipment as needed. The Contractor agrees to perform services scoped in this Contract to all added equipment at the contractual price bid at the time of award.

This is a non-exclusive Contract. It does not include all work expected to be performed in the designated areas. Therefore, at times, other Contractors may be performing similar work that is not associated with this Contract. This Contract will not automatically renew.

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

2.1.2 This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

2.2 Background and Purpose

This specification describes the requirements to provide licensed Electrical repairs, installation, maintenance, and remodeling services on an as-needed basis. This proposal will establish hourly rates for journeyman electricians and helper/apprentices. Quantities listed are estimated and are only given for the purpose of bid evaluation. They do not indicate the actual amount that will be spent, since such expenditure will depend upon requirements developed during the contract period. Electrical services include, but are not limited to, the repairs and maintenance of all Electrical systems associated within the shop located at 150 Wyndtryst Drive Westminster, MD 21157 and satellite locations throughout Carroll County. Electrical services include, but are not limited to, emergency response, possible design, installation, maintenance, reconditioning, troubleshooting, or repair that may be required by the State Highway Administration. The Contractor will be expected to perform the required Electrical services from verbal request instructions and descriptions.

In general, the work involved may include, but is not limited to, installation, repairs or modification to fiber optic, data, telephone, electrical remodeling, office build out, emergency service, load studies, service and distribution, replacement of ballasts, lamps, receptacles, outlets;

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This is not an all-inclusive list. Other types of repairs and services may be required.

2.2.1 State Staff and Roles

The following State personnel may interact with the contractor during the term of the contract. In addition to the procurement officer (PO) and contract monitor (CM) the State Agency Representative (AR) may provide day-to-day directions concerning the performance of services.

2.3 Contractor Responsibilities and Tasks

A. Contractor shall furnish all labor, supervision, miscellaneous parts, equipment, tools, transportation, and methods of communication for work performed under the Contract.

B. Contractor shall provide licensed journeyman technicians to perform various Electrical duties as directed by the MDOT SHA CM or AR. The Contractor shall provide "not to exceed' estimates on all work. Estimates are to be provided within twenty-four (24) hours of the service call. All work shall be approved by the MDOT SHA CM or AR prior to any work being performed. All work shall be performed according to the standards of the Electrical industry and to the complete satisfaction of the MDOT SHA. The Contractor shall work until each job is completed and when necessary; respond to multiple requests for services at the same time. MDOT SHA can perform on-site inspections at any time during work.

C. All work shall conform to Federal, State, county and local codes, rules, and regulations. The

Contractor shall be responsible for obtaining all necessary permits before work is started.

The Contractor is also responsible for contacting and obtaining utility markings from Miss Utility if applicable. The Contractor must meet all Federal EPA, OSHA, and MDE guidelines in the performance of work and proper handling and disposal of waste and/or contaminated materials. MDOT SHA will not receive any materials, products, or chemicals, which may be hazardous to an employee’s health unless accompanied by a Material Safety Data Sheet (SDS) when received.

D. The Contractor shall maintain a stocked service truck with materials, tools, ladders, and equipment, to provide Electrical services as described in the “scope of contracting services”.

E. Electrical services include, but are not limited to, the repairs and maintenance of all electrical systems associated within office buildings, or other State-owned buildings and facilities. The Contractor will be expected to perform the required electrical services from verbal request instructions/description.

F. All work performed under this contract shall be done in accordance with the Maryland Department of Transportation, State Highway Administration’s Specifications entitled, “Standard Specifications for Construction and Materials” dated October 2001 revisions thereof, or additions thereto, Maryland Department of Transportation General Conditions for Maintenance Contracts, and the Special Provisions included in this IFB. In case of discrepancy between the Special Provisions and all other provisions contained in the contract, the Engineer will be the sole authority as to the proper procedure to follow.

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G. A service call fee is a one-time mobilization bid rate to be charged for callouts under this contract. A service call rate shall only be charged once per service call. If multiple jobs are performed on the same day – the service call “charge” shall only be charged to MDOT SHA one time. Jobs lasting more than one day in duration shall only contain one service call fee.

The service call bid rate shall be the same regardless of whether the call request is considered routine or emergency in nature.

H. A normal work crew will consist of one (1) licensed journeyman technician on all service calls. On complicated work assignments, an electrician’s helper/apprentice may be used only if pre-approved by the MDOT SHA CM or AR. A licensed journeyman technician shall be required to always be on-site either performing or overseeing the work of an electrician’s helper/apprentice when applicable. The State reserves the right to require the Contractor to have a helper or secondary individual on all assigned tasks as MDOT SHA deems necessary.

I. The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be able to be available on a twenty-four (24) hour basis for such emergency work 365 days per year. The Contractor shall supply a monitored 24-hour a day phone number(s) to contact for service upon award.

J. Regular service should be made available between the hours of 7:30 a.m. - 4:00 p.m., Monday through Friday, excluding State recognized holidays. All work requested outside of these times should be considered EMERGENCY, after hour service, and should be charged at overtime rates not to exceed one and one-half times the routine hourly rate as specified in the bid. The State recognized holidays are Martin Luther King Day, President’s Day, Juneteenth, Columbus Day, Gubernational Election, Veteran’s Day, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

K. MDOT SHA’s CM or AR shall notify the Contractor of the type of service call (routine or emergency) at the time of call in. The Contractor shall respond to routine service calls within forty-eight (48) hours after call is placed. The Contractor shall respond to emergency service calls within six (6) hours after notification.

L. In every installation where regulation of SMECO (Southern Maryland Electric Company) apply, conformance with their regulations shall be mandatory and any costs involved, including their fees or charges, shall be included in the Contract.

M. All design, equipment and materials specified by design shall conform to all applicable acts, laws, rules and regulations in the latest editions of following organizations:

1. National Electrical Code (ANSI/NFPA 70)

2. Life Safety Code (NFPA 101)

3. National Electrical Safety Code (NESC-ANSI C2)

4. American National Standards Institute (ANSI)

5. National Fire Protection Association (NFPA)

6. Institute of Electrical and Electronics Engineers (IEEE)

7. Insulated Cable Engineers Association (ICEA)

8. National Electrical Manufacturers Association (NEMA)

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9. Illuminating Engineering Society (IES)

10. Underwriters Laboratories Inc. (UL)

11. Occupational Safety and Health Administration (OSHA)

12. Americans with Disabilities Act (ADA)

2.4 Supplemental Category of Work Requirements and Responsibilities A. Man-hours paid under this contract shall be only for productive hours at the job site. No additional service fees or travel fees to and from the worksite, lunch, material acquisition, handling and delivery, or movement of contractor owned or rental equipment will be chargeable directly to MDOT SHA but is overhead and shall be included in the hourly rate bid for basic labor.

B. All parts/materials used by the contractor shall be billed to MDOT SHA at actual cost to the

Contractor and a % mark-up not to exceed 10% as determined by the contractor’s bid.

MDOT SHA has the option to purchase directly any individual parts/materials for the services/repairs. An original copy of the Contractor’s source invoice(s) for all parts/materials used for repairs/services must accompany the invoice to be reimbursed. Payments shall not be made for any parts/materials without the proper documentation attached to the contractor’s original invoice. Payments will also not be made for additional journeyman technicians under any circumstances, and will only be paid for helper/apprentice if prior approval was given by CM. Payment will also not be made for parts/materials without prior approval by MDOT SHA CM or AR.

C. Any specialized equipment which is rented by the Contractor for use on a project and is intended to be billed as a direct charge must be identified on the initial “not to exceed cost estimate” and shall be charged to MDOT SHA at actual cost to the contractor. No mark-up is allowed on specialized or rental equipment.

D. No work shall be permitted on Saturdays, Sundays, or holidays without permission from

MDOT SHA CM or AR.

E. No minimum show-up time shall be paid under this contract.

F. The journeyman technician shall, upon arrival, contact the MDOT SHA CM or AR and sign in at the front desk. Upon completion, technician will sign out at the front desk. The journeyman technician shall prepare a service ticket indicating date, location, arrival time, name of journeyman technician performing work, helper/apprentice name (if applicable), a brief description of service performed and list any parts or materials used for the job MUST be on the service ticket. Upon completion of the work, the technician records the finished time, signs the ticket to indicate the work is complete and obtains the signature of MDOT SHA Contract Manager (CM) before leaving the site. A copy of the service ticket and any parts invoices shall be given to the SHA Contract Manager. MDOT SHA shall provide a list of authorized personnel that may sign off on a service ticket if the Contract Manager is unavailable. Under no circumstance will payment be made for a service ticket of parts invoice that is not signed by the authorized MDOT SHA personnel.

G. The Contractor shall keep the premises free from accumulations of waste materials or rubbish always caused by his/her operations. The Contractor shall leave the work area clean and free of materials, debris, and contractor equipment to the satisfaction of the authorized DOT SHA

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CM or AR. Contractor shall be responsible for removal and disposal of all debris and defective materials removed in performance of the service and in strict accordance with all applicable regulations, codes, laws, and ordinances. If area is not cleaned by the Contractor upon completion, the sum of $10.00 per hour needed to clean the area shall be deducted from the Contractor’s invoice, not as a penalty but as liquidated damages.

H. Parts furnished under the purchase order shall be the latest improved models in current production, as offered to commercial trade, and shall be of quality material. Manufacturer warranties shall apply to new materials/parts provided. Contractor shall provide the MDOT SHA CM or AR with all manufacturer’s warranty documents upon completion of installation and prior to leaving the job site.

I. The Contractor shall guarantee all work included in the “Contract” against any defects in workmanship; and shall satisfactorily correct, at no cost to MDOT SHA, any such defect that may become apparent within a period of one (1) year after completion of work. The warranty period shall commence upon date of acceptance by MDOT SHA.

J. No Subcontractor shall be permitted to work under this contract.

K. Unsatisfactory Work

a. In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by MDOT SHA CM in writing and be given seven (7) calendar days to correct the work. There will be no cost to MDOT SHA for re-works.

L. Locations work will be performed

a. 150 Wyndtryst Dr. Westminster, Md 21157

b. 4520 Baltimore National Pike Mt. Airy, MD 21771

c. 5071 Bushy Rd. Sykesville, MD 21784

d. 2602 Manchester Rd. Westminster, MD 21157

e. 12269 Bridgeport Rd. Taneytown, MD 21787

M. Security Requirements

The following requirements are applicable to the Contract:

1.1. Employee Identification

a) Contractor Personnel shall always display his or her company ID badge in a visible location 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, including but not limited to, being prepared to be always escorted, 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.

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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.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

Invoices that contain both fixed price and labor hour or time and material items shall clearly identify each item as either fixed price, and labor hour, or time and material billing.

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

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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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.

3.3.1 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

A. Invoices shall be submitted within thirty (30) calendar days from the date of the work. Any work performed at the end of June shall be submitted no later than July 5th to comply with MDOT SHA’s Fiscal Year End requirements. Invoice terms will be thirty (30) days upon receipt of completed invoice. Invoices held for verification, missing information, or returned for corrective re-submittal will not be subject to late fees.

B. Invoices must contain the complete company name, address, telephone number, contact person, F.E.I.N (Federal Employment Identification Number), contact number, and an invoice number. Failure to do so may result in delays in payment.

C. All items will be paid as bid on the Invitation for Bids. Any overtime pay will be paid at no more than 1 ½ times the hourly rate. Invoices shall itemize date and location of services, work time with labor rates, and parts and material costs if applicable. The Contractor shall attach a copy of all source invoices for parts and materials listed for reimbursement, including a total invoice cost.

D. Invoice shall be sent to the following address:

MDOT SHA

Office of Maintenance

Attn: Tyler Zimmerman, RME

150 Wyndtryst Drive

Westminster, MD 21157

Note: MDOT SHA is exempt from Maryland Sales and Use Taxes by Exemption Certification Number 3000256-3 and from Federal Excise Taxes by Exemption Number 52-73-0358K. Do not include tax.

E. Payments shall be based on net 30 days upon receipt of invoice.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information

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B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. For everyone listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for people responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year .

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.5 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA DX10Form20150615.pdf.

3.6 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract; Section 31 “Prompt Pay Requirements” Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.7 Conflict of Interest Affidavit and Disclosure

N/A – NO SUBCONTRACTING The Bidder shall complete and sign the Conflict-of-Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid. By submitting a Conflict-of- Interest Affidavit and Disclosure, the Contractor shall be construed as certifying that all Contractor

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Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

3.8 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.9 The State of Maryland’s Commitment to Purchasing Environmentally Preferred 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 are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.10 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

3.10.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

3.10.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

3.10.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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3.10.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.10.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.10.6 Subcontractor Insurance

N/A- NO SUBCONTRACTING The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (Conference)summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process and then follow the prompts.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means; any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy. Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend to facilitate better preparation of their Bids.

To assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. 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 five (5) Business Days prior to the Conference date. Reasonable efforts will be made to provide such special accommodation. If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.4 Questions

All questions, including concerns, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. 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.

4.4.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

4.4.2 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

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Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid to open. Before Bid opening, the State may not disclose the identity of any Bidder. Bids should be opened publicly at the time, date and place designated in the Key Information Summary Sheet. The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

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

4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

4.8.2 Bidders shall acknowledge in the Bid the receipt of all addenda to this IFB issued before the Bid due date.

4.8.3 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 deemed not responsive.

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

4.9.2 The State reserves the right to cancel this IFB, accept or reject all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.9.3 In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with COMAR 21.01.03.01.A(4).

4.9.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

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4.10 Incurred Expenses

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

4.11 Protest/Disputes

Any protest or claim related to this IFB, or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.12 Bidder Responsibilities

4.12.1 N/A- NO SUBCONTRACTING A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

4.12.2 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including 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, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.12.3 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

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 shall not become so in arrears during the term of the Contract if selected for Contract award.

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4.15 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

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

4.16 False Statements

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;

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 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 (5) years or both.

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification for why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.18 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as bid submission.

4.19 Attachments and Documents Required with the Bid (Table A) A Bidder shall include the following Attachments with its Bid as a single Bid Package:

https://egov.maryland.gov/BusinessExpress/

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TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

Bid/Proposal Affidavit A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal

Affidavit.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf

B

The Price Form (as specified within eMMA) Do not alter this Price Form or the Bid may be determined to be not responsive.

The Price Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

(See Appendix 2 for specific Price Form Instructions.)

I

Conflict of Interest Affidavit and Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

J

Mercury Affidavit https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf

L

Reference Checks (Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past five years) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

Additional Required Documents with the Bid

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in IFB Section 1. If references are required in IFB Section 1, those references shall be included in Attachment L. Reference Checks.

Acknowledgement of all addenda to this IFB.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

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4.20 Bid Delivery Instructions

Each Bidder shall submit its Bid Package as specified below.

Bids shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

Bidders shall provide their Bids in one submission through eMMA following the Quick Reference Guides (QRG) labeled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

4.21 Bid Evaluation Criteria and Award Basis

The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.02.13. All Bids will be ranked from the lowest (most favorable) to the highest (least favorable) price based on the Total Bid Price as submitted in its Bid. A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable Bid Price or most favorable evaluated Bid Price for providing the goods and services as specified in this IFB. The award for this solicitation will be made to the responsive and responsible Vendor with the lowest price, as determined by the Procurement Officer to be in the best interests of the State of Maryland.

Vendor shall submit a bid price based on product description (specification) and unit of measure specified on each line. Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation…