DRCF- Weight Pits -IFB.pdf

DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES

INVITATION FOR BIDS (IFB)

SOLICITATION NO. BPM015411

CONTRACT NO. KJC-000-140-C03

Issue Date: August 15, 2019

RENOVATION OF WEIGHT PITS FOR ACCESSIBILITY

AT THE

DORSEY RUN CORRECTIONAL FACILITY (DRCF)

JESSUP, MARYLAND

Department of Public Safety Board of Public Works & Correctional Services Larry J. Hogan, Jr., Governor Robert L. Green, Secretary Peter Franchot, Comptroller David Bezanson, Assistant Secretary Nancy K. Kopp, Treasurer

NOTICE

"IFB information is being advertised solely online through eMaryland Marketplace Advantage (eMMA).

Bids are being submitted solely in person. Bid documents are available only online from eMaryland

Marketplace Advantage (eMMA). Those are the only official documents to be used by The Bidders for this Invitation for Bids (IFB). The Bidders shall print on their own stationary the required documents for submitting their bid (as Bid Form, Bid Affidavit, etc.) and submit to the Owner (DPSCS, Division of Capital Construction and Facilities Maintenance) in sealed envelope which clearly indicates that it contains a sealed bid for this project, the Bid due date and the name and address of the Bidder."

Minority Business Enterprises are encouraged to respond to this solicitation.

RENOVATION OF WEIGHT PITS FOR ACCESSIBILITY AT THE

DORSEY RUN CORRECTIONAL FACILITY (DRCF), JESSUP, MARYLAND

CONTRACT NO.: KJC-000-140-C03 SOLICITATION NO.: BPM015411

ii

NO BID NOTICE FORM

STATE OF MARYLAND

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 as noted on Item # 6 of the Key Information Summary Sheet on page iii.

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 is insufficient.

( ) Start-up time is insufficient.

( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.)

( ) Bid 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:

Bidder Name: ___________________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

ATTENTION: PLEASE EMAIL ONLY TO: DCCFM.Mailbox@maryland.gov iii

IFB KEY INFORMATION SUMMARY SHEET

DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

1. Project Name: Renovation of the Weight Pits for Accessibility at

Dorsey Run Correctional Facility (DRCF) Jessup, Maryland 20794

2. Solicitation Number: BPM015411

3. Contract Number: KJC-000-140-C03

4. IFB Issue Date: August 15, 2019

5. IFB Issuing Office: DPSCS - Division of Capital Construction and Facilities

Maintenance 6776 Reisterstown Road, Suite 201, Baltimore, MD 21215

6. Procurement Officer: Katherine Dixon, AIA Division of Capital Construction and Facilities Maintenance

Phone: 410-585-3035 Fax: 410-764-4434 E-mail: katherine.dixon@maryland.gov

7. Contract Monitor: John Gauthier

Phone: 410-585-3278 Fax: 410-764-4434

E-mail: john.gauthier@maryland.gov

8. Pre-Bid Conference/Site Visit: August 22, 2019 at 11:00 a.m. – Dorsey Run Correctional Facility (DRCF) 2020 Toulson Road Jessup, Maryland 20794

Call 410-379-6021 for Directions

9. Bid Closing Date and Time: September 11, 2019 at 2:00 P.M. Local Time, Mail or hand-deliver to:

Division of Capital Construction and Facilities Maintenance Attn: Katherine Dixon, Procurement Officer, 6776 Reisterstown Road, Suite 201 Baltimore, MD 21215

10. MBE Subcontracting Goal: No

11. MBE Sub-Goals: No

12. VSBE Subcontracting Goal: No

13. Small Business Reserve: No

14. Questions/Inquiries: DCCFM.Mailbox@maryland.gov By Sept 3rd @ 4 P.M mailto:katherine.dixon@maryland.gov mailto:john.gauthier@maryland.gov mailto:DCCFM.Mailbox@maryland.gov iv

15. Contract Duration: One Hundred and Twenty (120) days from Notice to Proceed

16. Construction Classification: “A” up to $100,000

17. Notification of Accommodation: August 19, 2019 no later than 4:00 p.m., Local Time

Pre-Bid Conference Response Form Attachment “D” Send via email, mail or fax to 410-764-4434

18. Performance Bond: Required only if contract award exceeds $100,000 See Section 1.35

19. Payment Bond: Required only if contract award exceeds $100,000

See Section 1.36

20. Bid Bond: Required - See Section 1.37 and Attachment “G”

21. Living Wage Requirements: Not Required

22. Bids Held Firm: Sixty (60) Days

THIS SPACE INTENTIONALLY LEFT BLANK

v

TABLE OF CONTENTS

INVITATION FOR BIDS (IFB) ................................................................................................ i NO BID NOTICE FORM ........................................................................................................ ii IFB KEY INFORMATION SUMMARY SHEET ..................................................................... iii TABLE OF CONTENTS ........................................................................................................... v

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.2 Abbreviations and Definitions

1.3 Contract Type

1.4 Contract Duration

1.5 Procurement Officer

1.6 Contract Monitor

1.7 Pre-Bid Conference and Site Visit

1.8 eMarylandMarketplace Advantage

1.9 Questions and Inquires

1.10 Procurement Method

1.11 Bids – Opening/Due Date and Time/References

1.12 Confidentiality

1.13 Award Basis

1.14 Tie Bids

1.15 Duration of Bid

1.16 Revisions to the IFB

1.17 Cancellations

1.18 Incurred Expenses

1.19 Protest/Disputes

1.20 Bidder Responsibilities

1.21 Substitution of Personnel

1.22 Mandatory Contractual Terms

1.23 Bid Affidavit

1.24 Contract Affidavit

1.25 Compliance with Laws/Arrearages

1.26 Verification of Registration and Tax Payment

1.27 False Statements

1.28 Payments by Electronic Funds Transfer

1.29 Prompt Payment Policy

1.30 Electronic Procurements Authorized

1.31 Minority Business Enterprise Goal and Veteran-Owned Small Business Enterprise

Goals

1.32 Conflict of Interest Affidavit and Disclosure

1.33 Non-Disclosure Agreement

1.34 Mercury and Products That Contain Mercury

1.35 Performance Bond

1.36 Payment Bond

1.37 Bid Bond

vi

SECTION 2 – MINIMUM QUALIFICATIONS

2.1 Bidder Minimum Qualifications

SECTION 3 – SCOPE OF WORK

3.1 Background and Purpose

3.2 Scope of Work (SOW) - Requirements

3.3 Security Requirements

3.4 Insurance Requirements

3.5 Problem Escalation Procedure

3.6 Invoicing

3.7 MBE and VSBE Reports

3.11 End of Contract Transition

SECTION 4 – BID FORMAT

4.1 Bid Price Form

4.2 Required Bid Submissions

4.3 Documents Required upon Notice of Recommendation for Contract Award

4.4 Contractor Questionnaire and Reference Instructions

IFB ATTACHMENTS

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – BID AFFIDAVIT

ATTACHMENT C – CONTRACT AFFIDAVIT

ATTACHMENT D – PRE-BID CONFERENCE RESPONSE FORM

ATTACHMENT E – CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE . 43

ATTACHMENT F – NON-DISCLOSURE AGREEMENT

ATTACHMENT G – BID BOND

ATTACHMENT H – CONTRACTOR QUESTIONNAIRE

ATTACHMENT I – NOT REQUIRED

ATTACHMENT J – CONSTRUCTION PRICE BID FORM

ATTACHMENT K – COMPANY PROFILE

ATTACHMENT L – MINIMUM QUALIFICATIONS

ATTACHMENT M – PAYMENT FOR HEALTHCARE EXPENSES

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

The Department of Public Safety and Correctional Services (or the Department) is issuing this Invitation for Bids (IFB) to procure: See Item #1 on the IFB Key Information Summary Sheet on page iii, as defined in the drawings, specifications and scope of work (Section 3.1), as specified in this IFB, from a Contract between the successful bidder(s) and the State.

1.1.1 It is the State’s intention to obtain services, as specified in this IFB, from a Contract between the selected

Bidder and the State. For the anticipated duration of services to be provided under this Contract see Item #15 on the IFB Key Information Summary Sheet on page iv. Bids shall be held firm as noted in Item #22 on the IFB Key Information Sheet on page iv.

1.1.2 The Department intends to make a single award as a result of this IFB.

1.1.3 Bidders, either directly or through their subcontractor(s), must be able to provide all materials, installation, deliveries, warranties, 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.

1.2 Abbreviations and Definitions

For purposes of this IFB, the following abbreviations or terms have the meanings indicated below

a. Bid – A statement of price offered by a Bidder in response to an IFB.

b. Bidder – An entity that submits a Bid in response to this IFB.

c. Business Day(s) – The official Working Days of the week to include Monday through Friday. Official Working Days exclude State Holidays (see definition of “Normal State Business Hours” below).

d. COMAR – Code of Maryland Regulations available on-line at www.dsd.state.md.us.

e. Contract – The Contract awarded to the successful Bidder pursuant to this IFB. The Contract will be in the form of Attachment A.

f. Contract Commencement - The date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

g. Contract Monitor (CM) – The State representative for this Contract who is primarily responsible for

Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope.

h. Contractor – The selected Bidder that is awarded a Contract by the State.

i. Department – The Department of Public Safety and Correctional Services.

http://www.dsd.state.md.us/

j. eMMA – eMaryland Marketplace Advantage

k. Invitation for Bids (IFB) – This Invitation for Bids solicitation issued by the DPSCS DIVISION OF CAPITAL CONSTRUCTION AND FACILITIES MAINTENANCE. For Solicitation Number see Item #2 on the IFB Key Information Summary Sheet on page iii.

l. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.

m. Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR 21.01.02.01B(54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03.

n. Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through

Friday except State Holidays, which can be found at: http://dbm.maryland.gov/employees/Pages/StateHolidays2019.aspx

o. Notice to Proceed (NTP) – A written notice from the Procurement Officer that, subject to the conditions of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the Commencement Date, and is the official start date of the Contract for the actual delivery of services as described in this solicitation.

p. Owner – The Department of Public Safety and Correctional Services, Division of Capital Construction and Facility Maintenance.

q. Procurement Officer – The State representative for the resulting Contract. The Procurement Officer is responsible for the Contract and is the only State representative who can authorize changes to the Contract.

The Department may change the Procurement Officer at any time by written notice to the Contractor.

r. State – The State of Maryland.

s. Term of Contract – The anticipated begin and expiration date of a contract period.

t. Total Bid Price - The Bidder’s total price for services in response to this solicitation, included in the Bid in the Attachment J - Bid Form, and used in determining the recommended awardee.

u. Veteran-owned Small Business Enterprise (VSBE) – a business that is verified by the Center for Veterans Enterprise of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13.

v. Working Day(s) – Same as “Business Day(s).”

1.3 Contract Type

The Contract resulting from this solicitation shall be a firm fixed price as defined in COMAR 21.06.03.02 (A)(2).

http://dbm.maryland.gov/employees/Pages/StateHolidays2019.aspx

1.4 Contract Duration

1.4.1 The Contract that results from this solicitation shall commence as of the date the Contract is signed by the

Department following any required approvals of the Contract, including approval by the Public Safety

Procurement Review Board, the Department of General Services, or the Board of Public Works (“Contract

Commencement”).

1.4.2 For the term of the contract duration see Item #15 on the IFB Key Information Summary Sheet on page iv.

Bids shall be held firm as noted in Item #22 on the IFB Key Information Sheet on page iv.

1.4.3 The Contractor’s obligations to pay invoices to subcontractors that provided construction services during the

Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Sample Contract (see Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.

1.5 Procurement Officer

The sole point of contact in the State for purposes of this solicitation prior to the award of any Contract is the Procurement Officer at the address listed below:

Katherine Dixon, AIA.

Division of Capital Construction and Facilities Maintenance

6776 Reisterstown Rd Suite 201 Baltimore, MD 21215

Phone: 410-585-3035 Fax: 410-764-4434 E-mail: Katherine.Dixon@maryland.gov

The Department may change the Procurement Officer at any time by written notice. No other State or DPSCS employee, official or representative has authority to change requirements except the Procurement Officer or their authorized representative, subject to the limits of their authority and other limitations imposed by law.

1.6 Contract Monitor

The Contract Monitor is:

See Item #7 on the IFB Key Information Summary Sheet on page iii

The Department may change the Contract Monitor at any time by written notice.

mailto:Katherine.Dixon@maryland.gov

1.7 Pre-Bid Conference and Site Visit

It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Pre-Bid Conference/Site Visit to ensure that all parties understand the requirements of the contract. Finally, MBE Subcontractors are encouraged to attend the Pre-Bid Conference/Site Visit to “market” their participation to potential prime contractors.

A Pre-Bid Conference/Site Visit is scheduled for: see Item #8 on the IFB Key Information Summary Sheet on page

iii. All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids. At the scheduled Pre-Bid Conference/Site Visit, each Bidder will be permitted to examine the building, familiarize himself/herself with the full nature and extent of the work and obtain answers to questions about or clarifications of the contract. It is the sole responsibility of the Bidder to familiarize himself/herself fully with the building and the contents of the specifications of this solicitation.

Failure to do so does not relieve the successful Bidder from their obligation to comply with all aspects of this Bid package for the amount he/she specifies as his/her bid.

The Conference will be summarized. As promptly as is feasible subsequent to the Conference, a summary of the Conference and all questions and answers known at that time will be distributed to all prospective Bidders known to have received a copy of this IFB. This summary, as well as the questions and answers, will also be posted on eMaryland Marketplace.

In order to assure adequate seating and other accommodations at the Conference, please e-mail, mail, or fax to 410- 764-4434 the Pre-Bid Conference Response Form to the attention of the Contract Monitor see Item #7 on the IFB Key Information Summary Sheet on page iii. The Pre-Bid Conference Response Form is included as Attachment D to this IFB. In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Contract Monitor no later than see Item #17 on the IFB Key Information Summary Sheet on page iv. The Department will make a reasonable effort to provide such special accommodation.

1.8 eMarylandMarketplace Advantage

1.8.1 IFB information is being advertised solely online through eMaryland Marketplace Advantage (eMMA). Bid documents are available only online from eMaryland Marketplace Advantage (eMMA). Those are the only official documents to be used by the Bidders for this Invitation for Bids (IFB). The Bidders shall print on their own stationary the required documents for submitting their bid (as Bid Form, Bid Affidavit, etc.) and submit to the Procurement Officer (DPSCS, Division of Capital Construction and Facilities Maintenance) in a sealed envelope which clearly indicates that it contains a sealed bid for this project, the Bid due date and the name and address of the Bidder. Bids are to be submitted no later than see Item #9 on the IFB Key Information Summary Sheet on page iii to the Division of Capital Construction and Facilities Maintenance at the following address:

Division of Capital Construction and Facilities Maintenance Attention: Kate Dixon, Procurement Officer 6776 Reisterstown Road, Suite 201, Baltimore, Maryland 21215. No Bids will be accepted after the due date/time.

1.8.2 Print out all forms and attachments and carefully review the entire solicitation. Retain all sections for future reference.

1.8.3 In order to receive a contract award, a bidder must be registered on eMMA. Registration is free. Go to https://procurement.maryland.gov, click on “Register” to begin the process, and then follow the prompts. If https://procurement.maryland.gov/ the State of Maryland or other regulatory body requires a license or certificate to perform the services required under this IFB, please provide a copy with your bid response.

1.9 Questions and Inquires

1.9.1 All communications regarding this solicitation are to be made solely through the Procurement Officer via email. Only information communicated by the Procurement Officer or their authorized representative will be the official position of the State on an issue. Questions regarding this solicitation must be submitted in writing to dccfm.mailbox@maryland.gov by the date on Item #14 on the IFB Key Information Summary Sheet on page iii. Do not use the comments box in the eMMA solicitation to ask a question or comment on the solicitation.

1.9.2 All questions should be submitted in a timely manner. When questions are not received in a timely manner, the Procurement Officer will, based on the availability of time to research and communicate an answer, decide whether they can answer an untimely question before the bid due date.

Time permitting, answers to all substantive questions that are not clearly specific only to the requestor, will be distributed via eMMA in sufficient time for the answer to be taken into consideration in the Bid.

1.9.3 Current Contract Pricing Information will not be provided because the specifications may have been modified. Contractors are advised that basing their bid on current contract pricing when specifications have been modified could lead to non-responsive bid pricing. As part of a responsibility determination, bidders may be required to attend or schedule a site visit at the facility to inspect specific conditions in detail to assist in their bid preparation.

1.10 Procurement Method

This Contract will be awarded in accordance with the Competitive Sealed Bidding method in accordance with Section 13-103 of the State Finance and Procurement Article, Annotated Code of Maryland and COMAR 21.05.02.

1.11 Bids – Opening/Due Date and Time/References

1.11.1 Bids for this solicitation are being accepted by mail or hand delivery in hard copy format, printed on the

Bidder’s stationary. For the Bid Due date see Item #9 on the IFB Key Information Summary Sheet on page

iii. Requests for extension of this time or date will not be granted. Bidders mailing Bids should allow sufficient mail delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in this section will not be considered.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening. Bids will be opened publicly in the office at 6776 Reisterstown Rd, Suite 201, Baltimore MD 21215. Bid results will not be given by phone. Bids may not be submitted by e-mail or facsimile.

1.11.2 Bidders not responding to this solicitation are requested to submit the “No Bid Notice” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, This form is located in the IFB on page (ii), immediately following the Title Page. Fax, email, hand carry or mail only.

mailto:dccfm.mailbox@maryland.gov

1.11.3 All Bidders should read and retain a copy of all bid documents for their reference. Your bid documents should consist of the solicitation with all required attachments, including the affidavits and any other required submissions specified in the solicitation, or amendments, if any.

1.11.4 Submission requirements must be submitted with each bid independently and cannot be referenced to prior bid submissions to satisfy the requirements. Print out all forms and carefully review the entire solicitation.

After bids are opened, you will no longer be able to access this solicitation.

1.11.5 Bidder must provide a list of three references of companies or organizations for which it provided services within the past five (5) consecutive years. This information shall be submitted with the bid.

1.11.6 Receipt. 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 opening. Before Bid opening, the State may not disclose the identity of any Bidder.

1.11.7 Opening and Recording. Bids and timely modifications to Bids shall be opened publicly, at the time, date and place designated in the IFB. 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.

1.12 Confidentiality

1.12.1 The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price. Bidders should give specific attention to the identification of those portions of their bid which they deem to be confidential, or to contain proprietary information or trade secrets. Bidders should provide justification why such material, upon request, should not be disclosed by the State under the Maryland Public Information Act (PIA), State Government Article, Title 10, Subtitle 6 of the Annotated Code of Maryland. Any section or part of a bid deemed confidential or proprietary should be so identified on the respective page of the bid.

1.12.2 For requests for information made under the Public Information Act (PIA), the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

1.13 Award Basis

1.13.1 The Contract shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable

Total Bid Price (as referenced in COMAR 21.05.02.13) for providing the service as specified in this IFB.

Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation.

1.13.2 Award of this contract by DPSCS will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) a proposed award is approved by DPSCS, the Department of General Services and/or the Board of Public Works.

1.14 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

1.15 Duration of Bid

Bids submitted in response to this IFB are irrevocable as noted in Item #22 on the IFB Key Information Sheet on page iv following the closing date of the Bids. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

1.16 Revisions to the IFB

If it becomes necessary to revise this IFB before the due date for Bids, the Department shall provide addenda to all prospective Bidders through eMMA. Addenda will be placed on eMMA within a reasonable time to allow Bidders to consider them in preparing their bids. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids. If the due date for submission of bids does not permit adequate time for consideration of the addenda by Bidders, the bid due date will be extended.

Bidders shall acknowledge receipt of all addenda to this IFB issued before the Bid due date by listing the number and date of each Addenda on the Bid Form. 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 rejected as being non-responsive to the requirements of the IFB.

1.17 Cancellations

The State reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part, received in response to this IFB.

1.18 Incurred Expenses

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

1.19 Protest/Disputes

Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the provisions of State Finance and Procurement Article, Title 15, Subtitle 2 of the Annotated Code of Maryland and COMAR 21.10 (Administrative and Civil Remedies).

1.20 Bidder Responsibilities

The selected Bidder shall be responsible for rendering services for which it has been selected as required by this IFB.

All subcontractors shall be identified and a complete description of their role relative to the Bid shall be included the Bidder’s Bid. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) of this IFB.

If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder, such as 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.

1.21 Substitution of Personnel

If the solicitation requires that a particular individual or personnel be designated by the Bidder to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

1.22 Mandatory Contractual Terms

By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached herein as Attachment A.

Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

1.23 Bid Affidavit

A Bid submitted by a Bidder must be accompanied by a completed Bid Affidavit. A copy of this Affidavit is included as Attachment B of this IFB.

1.24 Contract Affidavit

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included as Attachment C of this IFB. This Affidavit must be provided within five (5) Business Days of notification of proposed Contract award. This Contract Affidavit will also be required to be completed by the Contractor prior to any Contract renewals, including the exercise of any options or modifications that may extend the Contract term.

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

1.26 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. The SDAT website is http://www.dat.state.md.us/sdatweb/services.html .

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

1.27 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

1.27.1 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.

1.27.2 A person may not aid or conspire with another person to commit an act under subsection (1) of this section.

1.27.3 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 years or both.

1.28 Payments by Electronic Funds Transfer

By submitting a response to this solicitation, the Bidder/Offeror agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $100,000. The selected Bidder/Offeror shall register using the COT/GAD X-10 Bidder 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/Government_Services/State_Accounting_Information/Static_Files/APM/ga dx-10.pdf

1.29 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 Minority Affairs (GOMA) 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 must comply with the prompt payment requirements outlined in the Contract, Section “Prompt Payment” (see Attachment A).

Additional information is available on GOMA’s website at: http://www.mdminoritybusiness.com/documents/PROMPTPAYMENTFAQs_000.pdf.

1.30 Electronic Procurements Authorized

http://www.dat.state.md.us/sdatweb/services.html http://comptroller.marylandtaxes.com/Government_Services/State_Accounting_Information/Static_Files/APM/gadx-10.pdf http://comptroller.marylandtaxes.com/Government_Services/State_Accounting_Information/Static_Files/APM/gadx-10.pdf http://www.mdminoritybusiness.com/documents/PROMPTPAYMENTFAQs_000.pdf

A. Under COMAR 21.03.05, unless otherwise prohibited by law, the Department may conduct procurement transactions by electronic means, including the solicitation, bidding, award, execution, and administration of a contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21.

B. Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder/Offeror to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or the Contract.

C. “Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes facsimile, e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://emaryland.buyspeed.com/bso/), and electronic data interchange.

D. In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., § 1.30 “Payments by Electronic Funds Transfer”) and subject to the exclusions noted in section E of this subsection, the following transactions are authorized to be conducted by electronic means on the terms described:

1. The Procurement Officer may conduct the procurement using eMMA, e-mail, or facsimile to issue:

(a) The solicitation;

(b) Any amendments;

(c) Pre-Bid conference documents;

(d) Questions and responses;

(e) Communications regarding the solicitation or Bid to any Bidder/Offeror or potential Bidder/Offeror;

(f) Notices of award selection or non-selection; and

(g) The Procurement Officer’s decision on any Bid protest or Contract claim.

2. A Bidder/Offeror or potential Bidder/Offeror may use e-mail or facsimile to:

(a) ask questions regarding the solicitation;

(b) reply to any material received from the Procurement Officer by electronic means that includes a

Procurement Officer’s request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the Procurement Officer;

(c) submit a "No Bid Response" to the solicitation.

3. The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract administration, except as outlined in Section E of this subsection utilizing e-mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract Monitor.

E. The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

1. Submission of initial Bids;

2. Filing of Bid Protests;

3. Filing of Contract Claims;

4. Submission of documents determined by the Department to require original signatures (e.g., Contract execution, Contract modifications, etc.); or https://emaryland.buyspeed.com/bso/

5. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder/Offeror be provided in writing or hard copy.

F. Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

1.31 Minority Business Enterprise Goal and Veteran-Owned Small Business Enterprise Goals

For the overall MBE subcontractor goal, see Item #10, #11 and #12 on the IFB Key Information Summary Sheet on page iii.

1.32 Conflict of Interest Affidavit and Disclosure

Bidders/Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment E) and submit it with their Bid. All Bidders/Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Contractor’s personnel who perform or control work under this Contract and each of the participating subcontractor personnel who perform or control work under this Contract shall be required to complete agreements substantially similar to Attachment E Conflict of Interest Affidavit and Disclosure.

For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

1.33 Non-Disclosure Agreement

All Bidders/Offerors are advised that this solicitation and any resultant Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment F.

This Agreement must be provided within five (5) Business Days of notification of proposed Contract award;

however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

1.34 Mercury and Products That Contain Mercury

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

1.35 Performance Bond

A Performance Bond is required with this contract only if the contract award exceeds $100,000.

The Contractor shall furnish a Performance Bond in the amount of 100% of the Total Bid Amount.

The Contractor shall deliver the Performance Bond at the request of the Department following bid opening. Failure by the Contractor to deliver the required performance bond by the specified time may cause the contractor's bid to be rejected and award may be made to the next lowest responsive bid from a responsible bidder.

Note: Performance Bond must be submitted by mail, special courier or delivered in person to the Procurement Officer, within ten (10) days of the request. Please send two (2) originals with signatures to:

Katherine Dixon, 6776 Reisterstown Road Suite 201, Baltimore, Maryland 21215

1.36 Payment Bond

A Payment Bond is required with this contract only if the contract award exceeds $100,000.

The Contractor shall furnish a Payment Bond in the amount of 100% of the Total Bid Amount.

The Contractor shall deliver the Payment Bond at the request of the Department following bid opening. Failure by the Contractor to deliver the required payment bond by the specified time may cause the contractor's bid to be rejected and award may be made to the next lowest responsive bid from a responsible bidder.

Note: Payment Bond must be submitted by mail, special courier or delivered in person to the Procurement Officer within ten (10) days of the request. Please send two (2) originals with signatures to:

Katherine Dixon, 6776 Reisterstown Road Suite 201, Baltimore, Maryland 21215

1.37 Bid Bond

A Bid Bond is required with this contract. See Attachment G – Bid Bond

Each Bidder must furnish a bid bond, issued by a surety company approved by the State, with the bid. A Bid Bond of an amount not less than five percent (5%) of the Total Bid Amount must be furnished with the Bid. Certified Checks and Cash are acceptable but not preferred alternatives. Departments’ preferred form of the bid bond is part of the contract documents.

Note: Bid Bond must be submitted with the Bid. Please use Attachment G - Bid Bond.

If the Bidder fails to submit a Bid Bond with the bid, the Procurement Officer will deem the bid non-responsive

SECTION 2 – MINIMUM QUALIFICATIONS

2.1 Bidder Minimum Qualifications

2.1.1 The Bidder must provide proof with its Bid that the following Minimum Qualifications have been met (see also Section 4): Please provide your response on “Attachment “K” and “L”

A- The successful Bidder must have a minimum of five (5) years of successful experience comparable in scope, type, size, magnitude, and complexity as required in this IFB. The Bidder must provide three

(3) references that can substantiate this experience and any additional information upon the request of the Procurement Officer. Please note only one reference could be from Maryland Department of Public Safety and Correctional Services.

B- Bidder to furnish a list of three (3) projects of comparable size and similar in scope to this project as described in Section 3, for which the bidder has completed within the past five (5) years. Please note only one reference may be from the Maryland Department of Public Safety and Correctional Services.

2.1.2 Bidder shall identify Key Employee/Project Manager: Please provide your response on Attachment “K” and “L”

A- Key Employee/Project manager shall have a minimum of five (5) years of continuous experience in providing project management in similar projects as described in Section 3.

B- Key Employee/Project manager shall furnish a list of three (3) projects of comparable size and similar in scope to this project as described in Section 3, for which the Key Employee/Project Manager has performed within the past five (5) years. Please note only one reference may be from the Maryland Department of Public Safety and Correctional Services.

2.1.3 List of Current or Prior State Contracts: (References used to meet any Bidder Minimum Qualifications in

Section 2.1.1 may be used to meet this request.) See Attachment “K” and “L”.

Information obtained regarding the Bidder’s level of performance on State contracts will be considered as part of the responsibility determination by the Procurement Officer.

Note: The Department reserves the right to request additional references or utilize references not provided by a Bidder. Information obtained regarding the Bidder’s level of performance on State contracts will be considered as part of the responsibility determination by the Procurement Officer.

SECTION 3 – SCOPE OF WORK

3.1 Background and Purpose

The Department of Public Safety and Correctional Services (DPSCS or the “Department”) is issuing this Invitation for Bids (IFB) to engage the services of an experienced Contractor (the “Contractor”) for the Installation of Paving at the Weight Pit at Dorsey Run Correctional Facility (DRCF), in Jessup, Maryland. DPSCS contemplates awarding a single Contract (the “Contract”) for the Work identified herein. The IFB will include a site visit.

3.2 Scope of Work (SOW) - Requirements

This Contract includes providing all labor, materials, equipment, permits, testing and performing all work necessary for a complete working and approved Installation of Paving at the Weight Pit at Dorsey Run Correctional Facility in Jessup, Maryland in strict accordance with the Contract Documents subject to the terms and conditions of the contract. The Department of Public Safety and Correctional Services (DPSCS), State of Maryland (herein referred to as “Owner”), is set to perform Installation of Paving at the Weight Pit at Dorsey Run Correctional Facility in Jessup, Maryland (herein referred to as “Project”).

The Contractor shall conduct all work under the direction of the DPSCS designated on-site representative, the Contract Monitor (CM) or his designee. The office of the Division of Capital Construction and Facilities Maintenance (DCCFM) will provide any support with as-built documentation as requested and as available.

The Contractor shall furnish all labor, materials, supervision, management, tools and equipment necessary to provide the Scope of Work. The project is located within the (2) fenced-in weight pits, at the East and the West yards, each weight pit is approximately 1600 sq ft totaling approximately 3200 sq ft; refer to the drawings for the location of the scope of work. Scope of Work for each yard, includes but is not limited to:

• Remove (+/-1600 sq ft) existing rubber mulch flooring inside the weight pit fencing.

• Excavate (+/-1600 sq ft) 6.5” deep of existing soil inside each weight pit fencing to facilitate installation of the MaxPlay Pour-in-Place Safety Surface (4” stone base; 2.5” heavy duty surface, totaling 6.5”).

• Legally dispose of all existing rubber mulch, debris and soil off site.

• Prepare the soil at the removed areas inside the fencing to the compaction of 95%. The existing slope should be maintained. Refer to reference drawing C-6

• Excavate soil for installation of new trench drain. Basis of Design: Zurn Z874-18 Pre-sloped.

Excavation must include a minimum of 4” concrete encasement on both sides and underneath surrounding the trench drain. Install as per the manufacturer’s installation instructions.

• New trench drain to be connected to existing storm drain pipe below. Refer to reference drawings C-6 and C-14.

• Install new 18” trench drain with 8” bottom drain cutout at low end of sloped area. Refer to Drawing A02.

Top elevation of trench drain to match tapered edge elevation of MaxPlay Pour-In-Place Safety Surface. Trench drain to connect to the existing storm drain pipe using 8” PVC piping.

• Install 4” deep of ¾” aggregate stone base at the prepared areas inside the fencing.

• Install 2.5” thick heavy duty MaxPlay Pour-in-Place Safety Surface at the prepared areas inside the fencing.

• MaxPlay Pour-in-Place Safety Surface to be a monolithic pour with no seams.

• MaxPlay Pour-in-Place Safety Surface to be 50/50 black/grey color blend; 26lb to rubber ratio; with tapered edges at outside perimeter.

• Excavate soil to install 4” concrete sidewalk (with 4” stone base) extension from the existing sidewalk to the new trench drain. See drawing A02.

• All work shall meet the requirements of the owner; the current building and MDE codes; and Accessibility (ADA) Standards

The contractor shall submit detailed shop drawings and cut sheets to the Owner prior to ordering any materials as per Section 01 33 00 (Submittal Procedures) of the specifications.

The Contractor shall schedule and coordinate all work with the Facility prior to start of any work.

Refer to the Drawings and Project Manual/ Specifications for the complete Scope of Work.

3.3 Security Requirements

3.3.1 Employee Identification

(a) Each person who is an employee or agent of the Contractor or subcontractor shall display his or her company ID badge at all times while on State premises. Upon request of authorized State personnel, each such employee or agent shall provide additional photo identification.

(b) At all times at any facility, the Contractor’s personnel shall cooperate with State site requirements that include but are not limited to being prepared to be escorted at all times, providing information for badge issuance, and wearing the badge in a visual location at all times. Security measures under the general direction of the agency and maintenance supervisors shall be observed. In this regard, the Contractor is expected to cooperate fully with agency authorities to permit security of the institution to be maintained at all times.

3.3.2 Tools and Equipment

The Contractor shall be responsible for all tools, equipment and supplies while performing services at the Facility. Any missing objects shall immediately be reported to the supervisor or designee at the maintenance department.

3.4 Insurance Requirements

3.4.1 The Contractor shall maintain Commercial General Liability Insurance with limits sufficient to cover losses resulting from, or arising out of, Contractor action or inaction in the performance of the Contract by the Contractor, its agents, servants, employees, or subcontractors, but no less than a Combined Single Limit for Bodily Injury, Property Damage, and Personal and Advertising Injury Liability as specified in the attached General Conditions of the Contract Between Owner and Contractor.

3.4.2 The Contractor shall maintain Errors and Omissions/Professional Liability insurance with minimum limits as specified in the attached General Conditions of the Contract Between Owner and Contractor.

3.4.3 The Contractor shall maintain Automobile…