FIRE ALARM IFB Gaithergsburg 5.9.22.docx

State of Maryland Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA)

INVITATION FOR BIDS (IFB)

Replacement Fire Alarm System at MVA Gaithersburg Branch IFB Number V-GAT-22047-C

Issue date: May 9, 2022

NOTICE TO BidderS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which 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.

NOTICE

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

Minority Business Enterprises Are Encouraged to Respond to this Solicitation.

NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Replacement of Fire Alarm System Solicitation No.: VGAT22047C

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 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: ____________________________________________________________________________________ Vendor Name: ________________________________ Date: _______________________ Contact Person: _________________________________ Phone (____) _____ - _________________ Address: ______________________________________________________________________ E-mail Address: ________________________________________________________________ State of Maryland

MOTOR VEHICLE ADMINISTARTION (MVA)

Key Information Summary Sheet

Motor Vehicle Administration 6601 Ritchie Highway, Glen Burnie, Maryland 20162 e-mail:

Office Phone:

dedet@mdot.state.md.us

(410) 768-7033

MDOT MVA Gaithersburg Branch 15 Metropolitan Grove Road Gaithersburg, MD 20878 See Attachment A for instructions.

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Table of Contents – IFB

Replacement Fire Alarm System at MDOT MVA Gaithersburg Branch Solicitation #: V-GAT-22047-C IFB Document

Minimum Qualifications

1.1 General Information

1. Bidder shall be able to perform all requirements described in this IFB according to the National Electrical Code, National Fire Protection Associate 72: National Fire Alarm and Signaling Code, requirements set forth by the AHJ, and other relevant code requirements.

2. Selected Contractor shall warrant that its work shall be of professional quality and performed consistent with the contract specifications and other documents.

3. Selected Contractor shall engage a qualified fire alarm installer who shall provide qualifications as in this specification section, and other documentation as per contract documents.

1.2 Experience

1. Bidder shall have a minimum of five (5) years’ experience providing fire alarm device installation of similar size, scope, and complexity. This experience shall include fire alarm control panels, notification devices, annunciators, conduit, wiring, power circuiting, associated controls, and other components as described in the contract documents.

2. As proof of meeting this requirement the Bidder must include, with its Bid the required Bid Submission listed in Section 5.3 of the IFB. Including three (3) references.

1.3 Licenses and Qualifications

1. The contractor must have in their regular employment - licensed, experience, qualified and certified electricians, relative to the MVA commercial equipment being installed. As proof of this requirement, the Bidder must provide with its Bid, a list of all employees expected to work on this project, including their role and active licenses and certifications.

2. The Bidder must have a valid Maryland Master Electrician’s License. As proof of this requirement the Bidder must provide with its Bid, a current Maryland Master Electrician’s License.

3. The fire alarm installer must be trained and certified in fire-alarm system design, be a NICET certified fire-alarm technician, Level III minimum, and licensed or certified by the authorities having jurisdiction. As proof of meeting this requirement the Bidder must provide with its Bid, a current NICET Level III Fire Alarm Systems Certification or the fire alarm installer.

4. All employees who will be servicing the equipment must possess an active Master or Journeymen Electrician License(s). As proof of this requirement the Bidder must provide with its Bid, all active Master or Journeymen Electrical Licenses.

Contractor Requirements: Scope of Work Summary Statement The Maryland Motor Vehicle Administration is issuing this Invitation for Bids (IFB) to procure the services defined in this IFB and drawing to replace the existing fire alarm system at the MVA Gaithersburg Branch office located at 15 Metropolitan Grove Road Gaithersburg, MD 20878.

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

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

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.

Background and Purpose The MVA plays a vital role in ensuring mobility for Maryland residents and road users. Maryland lies in a central location along the Eastern seaboard and its transportation network is critical to linking the regional and national economies. As one of the five (5) Transportation Business Units (TBU) under the Maryland Department of Transportation (MDOT), the MDOT MVA with a staff of 1,600+ employees, is responsible for the following tasks:

Currently, the MDOT MVA operates a large physical presence across the State. The MDOT MVA serves its customers through a network of customer service offices: 19 Full-Service Branch Offices and four (4) Limited or Express Offices, for a total of 23 Branch Offices.

The purpose of this IFB is to replace the Fire Alarm System at the MVA Gaithersburg Office as specified in the scope of work and drawings.

The following Holidays are recognized by the State of Maryland and no services will be performed on these days:

· Christmas Day Working Hours: Regular working hours for the MVA employees are Monday – Friday 8:00AM to 5:30PM.

Responsibilities and Tasks The Contractor shall comply with all applicable sections of the Specifications and drawings attached in this section of the IFB A. The proposed project includes engineering site investigations to evaluate existing conditions and modifications to the existing fire alarm system for complete replacement. A new fire alarm control panel, and all associated devices, raceway, and wiring as noted in contract documents and as specified in the technical specification, shall be supplied. *Refer to technical specification and drawing for full requirements.

B. The contractor is responsible for providing temporary power C. Project Construction: The construction work shall be performed such that limited disruptions to the operations of the building occurs. The following is a summary of the requirements and coordination which shall be performed by the Contractor:

1. The work in the employee work areas shall take place only when the work areas are unoccupied (after working hours).

2. Interruption of power to any existing equipment, light or receptacle shall take place only when the work areas are unoccupied (after working hours).

3. All work times shall be coordinated with MVA. The contractor shall inform MVA when and where they plan to work in advance. Provide at least 2 weeks advance notice unless requirements indicated elsewhere are more stringent.

4. Punch List: The contractor shall coordinate with the owner and JMT and attend punch list of the system which shall include startup and prove-out (in the presence of the MVA) of the system and a field visit to retest specific items

D. Daily Cleaning: The project site shall be cleaned daily.

Project Schedule and Schedule of Values A. The contractor shall develop a critical path method schedule for the project utilizing Microsoft project. The CPM schedule shall indicate the critical path and shall identify no activity longer than 2 weeks.

1. A schedule must be provided in detail for approval by the MVA and the engineer.

2. Work that takes place outside regular working hours shall be broken down by the hour to allow MVA the ability to schedule supervision staff.

3. Schedule Milestones are to include:

a. Submittals to the owner/engineer within 14 calendar days

b. All re-submittals to the owner/engineer within 28 calendar days

c. Materials delivery no later than 1 month B. The contractor shall develop and submit a schedule of values for the project. The schedule of value shall be tied to the project schedule. Pricing for major equipment purchases shall be shown in the schedule of values.

Codes and Permits The work shall be performed by the Contractor in accordance with the National Electric Code -2017, National Fire Protection Associate 72: National Fire Alarm and Signaling Code, requirements set forth by the AHJ, and other relevant code requirements.

Contractor’s Use of Premises A. On-site storage of equipment, tools, and other items shall be permitted.

B. Confine operations of workmen to within the defined project site, which is the MVA office building.

C. The Contractor shall limit the use of the premises to the Work indicated, to always allow for Owner occupancy and operation.

1. Keep the existing driveways, and entrances serving the premises, clear and available to the Owner and his/her employees always. Do not use these areas for parking or storage of materials.

General Materials and Methods A. Refer to equipment specification sections.

B. The contractor shall submit the proposed materials and equipment to the MVA and the engineer for approval. Approval of the materials and equipment shall occur prior to installation. Submittals may be submitted via email to the JMT Engineer and the MVA Project Manager. Contract information will be provided with NTP. Submittals will be returned to the contractor within 14 days of submission the Engineer and CM.

Hazardous Materials All potential asbestos products must be tested by the MVA and certified to free or abated prior to commencement of any work.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Contractor Requirements: General Contract Initiation Requirements

3.1.1 Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, the Contractor shall discuss the Project Schedule as described in Section 2.3 and other activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s responsibilities.

Invoicing General

1. The Contractor shall send the original of each invoice and signed authorization to invoice to the Contract Manager, via e-mail address, or as otherwise requested by the MVA. Contract Manager will be identified upon Notice to Proceed

1. All invoices for services shall be verified by the Contractor as accurate at the time of submission.

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

8) State assigned (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

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

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

1. Any action on the part of the MVA, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

1. 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.

1. 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.

3.3.2 Invoice Submission Schedule

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

1. For items of work for which there is one-time pricing (see Attachment B –Bid Form) those items shall be billed in the month following the acceptance of the work by the MVA.

2. For items of work for which there is quarterly pricing, see Attachment B–Bid Form, those items shall be billed in the month following the performance of the services.

3.3.3 For the purposes of the Contract an amount will not be deemed due and payable if:

a) The amount invoiced is inconsistent with the Contract;

b) The proper invoice has not been received by the party or office specified in the Contract;

c) The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

d) The item or services have not been accepted;

e) The quantity of items delivered is less than the quantity ordered;

f) The items or services do not meet the quality requirements of the Contract;

g) If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

h) If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

i) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

Retainage This contract is subject to the provision of COMAR 21.07.02.05-3. Ten percent (10%) of the total Contract value shall be retained by the MVA and will not be released until final payment. The Contractor shall invoice the State for the retainage amount as part of the final invoice.

Liquidated Damages MBE Liquidated Damages MBE Liquidated Damages is inapplicable to this IFB.

Liquidated Damages other than MBE For each day that any work shall remain uncompleted beyond 120 Calenda Days from the date of NTP, except for days due to excusable delays, the Contractor shall be liable for liquidated damages in the amount of $700 per day. However, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved change orders."

Insurance Requirements The Contractor shall also confirm that any insurance policies intended to satisfy the requirements of this RFP are issued by a company that is licensed to do business in the State of Maryland.

The recommended awardee must provide a certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this Section 3.4 “Insurance Requirements” within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts the Contractor shall update certificates of insurance annually, or as otherwise directed by the Contract Manager Contractor shall maintain commercial general liability (CGL) insurance and, if necessary, commercial umbrella insurance, with a limit of not less than $2,000,000 per each occurrence and shall insure against liability to third parties for accidental death, bodily injury or illness, property damage, and personal injury arising out of the work in connection with the Contract.

Security Requirements The following requirements are applicable to the Contract:

Employee Identification

1. Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

1. Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance if applicable, and wearing the badge in a visual location at all time.

1. 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.

Minority Business Enterprise (MBE) Reports This Section is Inapplicable to this IFB.

Veteran Small Business Enterprise (VSBE) Reports This Section is Inapplicable to this IFB.

Additional Clauses

1.3.1 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.

1.3.2 Green Purchasing

The State of Maryland reserves the right to request from the Contractor and subcontractors quarterly sales data over the life of this contract. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold on this price agreement per the contract specifications.

This information will enable Maryland State agencies to comply with Article §14–405 of the Annotated Code of Maryland and COMAR 21.13.01.14, effective October 1, 2014, which requires Maryland state agencies to report to the Department of General Services on their procurement of environmentally preferable products and services.

To facilitate consistent reporting on targeted contracts, the Contractor will be required to submit quarterly VENDOR GREEN SALES REPORTs to MDOT MVA’s Socioeconomic Office. MDOT MVA’s Socioeconomic Office will provide the awarded Contractor and subcontractors further Green Purchasing Report submittal requirements, template and schedule after contract award. Additional Green Purchasing information is available on the Office of State Procurement’s website at https://dgs.maryland.gov/pages/greenpurchasing/index.aspx

Procurement Instructions Pre-Bid Conference A pre-Bid conference (Conference) will be held at the date, time, and location indicated on the Key Information Summary Sheet.

Attendance at the Conference is mandatory, and all interested parties are encouraged to attend in order to facilitate better preparation of their Bids.

Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

Attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form (Attachment A) no later than the time and date indicated on the form. 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. The MVA will make a reasonable effort to provide such special accommodation.

Seating at the Conference will be limited to two (2) attendees per vendor.

eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, 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.

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

Questions All questions regarding this solicitation, including concerns regarding any applicable, shall be sent to the Procurement officer by email no later than the date and time specified on the Key Information Summary Sheet under Questions Due Date and Time. Please, identify in the email subject line: the solicitation title and contract number.

If a question is received late, 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.”

Questions received timely by the Procurement Officer will be addressed in an amendment and posted on eMMA.

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

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

Bid Due (Closing) Date and Time Bids, in the number and form set forth in Section 5 Bid Format, must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

Requests for extension of this date or time shall not be granted.

Bidders submitting Bids should allow sufficient 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 the Key Information Summary Sheet will not be considered.

The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

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.

Bids may not be submitted by e-mail or facsimile. Bids will be opened in eMMA at the date and time indicated on the Key Information Summary Sheet.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid Notice/Vendor Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

Multiple or Alternate Bids Multiple or alternate Bids will not be accepted.

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

Bids shall be opened publicly at the time, date and place designated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). 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.

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 confidential and/or proprietary commercial information or trade secrets, and provide justification 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.

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.

For requests for information made under the 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.

Award Basis 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 (as referenced in COMAR 21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. See IFB Section 6 for Bid evaluation and award information.

Award of this contract 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) 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.

Tie Bids Tie Bids will be decided pursuant to COMAR 21.05.02.14.

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.

Revisions to the IFB If the IFB is revised before the due date for Bids, the MVA shall post any addenda to the IFB on eMMA and shall endeavor 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 remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

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.

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

In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A(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 cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

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.

Protest/Disputes Any protest or dispute related to this solicitation, or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

Bidder Responsibilities Bidders must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation.

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.

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.

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

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

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 for informational purposes as Attachment N of this IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

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.

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://www.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 successful Bidder from final consideration and recommendation for Contract award.

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:

1. Falsify, conceal, or suppress a material fact by any scheme or device.

1. Make a false or fraudulent statement or representation of a material fact.

1. 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 Section 4.22.1.

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.

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. Payment by EFT is mandatory for contracts exceeding $200,000. 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/GADX10Form20150615.pdf.

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” (see Attachment M). Additional information is available on GOSBA’s website at: http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

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

Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or Contract. In the case of electronic transactions authorized by this IFB, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures.

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

In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., IFB § 4.23 describing payments by Electronic Funds Transfer), the following transactions are authorized to be conducted by electronic means on the terms as authorized in COMAR 21.03.05:

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

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

1. The IFB;

2. Any amendments;

3. Pre-Bid conference documents;

4. Questions and responses;

5. Communications regarding the solicitation or IFB to any Bidder or potential Bidder;

6. Notices of award selection or non-selection; and

7. The Procurement Officer’s decision on any Bid protest or Contract claim.

B. The Bidder or potential Bidder may use e-mail to:

1. Ask questions regarding the solicitation;

2. 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 and;

3. Submit a "No Bid Notice/Vendor Feedback Form" to the IFB.

The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract administration, except as outlined in Section 4.25.4 (A) of this subsection, utilizing e- mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract Manager.

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

A. Submission of initial Bids B. Filing of bid protests;

C. Filing of Contract claims and Notice of Claims;

D. Submission of documents determined by the MVA to require original signatures (e.g., Contract execution, Contract modifications); or E. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder be provided in writing or hard copy.

Any e-mail transmission is only authorized to the 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.

MBE Participation Goal There is no MBE participation goal for this procurement.

VSBE Participation Goal There is no VSBE participation goal for this procurement.

Living Wage Requirements This procurement is subject to Living Wage Requirement.

a) Maryland law requires that contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05.

b) If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

c) Additional information regarding the State’s living wage requirement is contained in Attachment F. Bidders must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment F-1) with their Bids. If the Bidder fails to complete and submit the required documentation, the State may determine the Bidder to not be responsible under State law.

d) Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or a Tier 2 Area of the State. The specific Living Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State.

1) The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18-102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, the Contract will be determined to be a Tier (enter “1” or “2,” depending on where the majority of the service recipients are located) Contract.

2) The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder must identify in its Bid the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided.

3) If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract.

4) If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract.

e) If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. See COMAR 21.11.10.07.

f) The Bidder shall identify in the Bid the location from which services will be provided.

g) NOTE: Whereas the Living Wage may change annually, the Contract price will not change because of a Living Wage change or a change in the State minimum wage. The Contractor shall be responsible for any wage/rate increase during the term of the Contract and such increase may not be passed on to the State.

Federal Funding Acknowledgement This Contract does not contain federal funds.

Conflict of Interest Affidavit and Disclosure The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure and submit it with its Bid.

By submitting a Conflict of Interest Affidavit, the Contractor shall be construed as certifying all Contractor Personnel and…