FM IFB DNR Jantorial Services at Sandy Point.pdf

STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES (DGS)

INVITATION FOR BIDS (IFB)

JANITORIAL SERVICES AT SANDY POINT STATE PARK

FOR THE

DEPARTMENT OF NATURAL RESOURCES (DNR)

IFB NUMBER BPM035033

ISSUE DATE: JANUARY 4, 2023

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.

However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

A Prospective Bidder that has received this document from the Department of General Services’ website or procurement.maryland.gov, or that has received this document from a source other than the Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this IFB, should immediately contact the Procurement Officer and provide the Prospective Bidder’s name and mailing address so that addenda to the IFB or other communications can be sent to the Prospective Bidder.

Minority Business Enterprises are encouraged to respond to this solicitation.

https://procurement.maryland.gov/

Janitorial Services at Sandy Point State Park Solicitation #: BPM035033 IFB Document

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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: Janitorial Services at Sandy Point State Park Solicitation No: BPM035033

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: ________________________________________________________________

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STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES (DNR)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Maintenance – Janitorial Services at Sandy Point State Park

Solicitation Number: BPM035033

IFB Issue Date: January 4, 2023

IFB Issuing Office: Department of General Services (DGS or the “Department”)

Procurement Officer: Charles W. Bailey, CPPB, CMPO Department of General Services 301 W. Preston St., Rm. M-4 Baltimore, MD 21201 e-mail:

Office Phone:

charles.bailey1@maryland.gov 410-767-6056

Bids are to be sent to: Submit via eMMA

Pre-Bid Conference: See Attachment A for instructions.

Questions Due Date and Time January 17, 2023

Bid Due (Closing) Date and Time:

Wednesday, January 25, 2023 at 4:00 p.m. Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: May 1, 2023 through September 30, 2025, with two one-year option periods.

Primary Place of Performance:

Sandy Point State Park 110 E. College Park Annapolis, MD 21409

SBR Designation: Yes

Federal Funding: No mailto:charles.bailey1@maryland.gov

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

2.4 Buildings and Locations – Monitoring

2.5 Environmentally Preferable Purchasing

2.6 Staffing

2.7 On-Site Transportation

2.8 Disputes Arising from Reductions

3 Contractor Requirements: General

3.1 End of Contract Transition

3.2 Invoicing

3.3 Liquidated Damages

3.4 Disaster Recovery and Data

3.5 Insurance Requirements

3.6 Security Requirements

3.7 Problem Escalation Procedure

3.8 SOC 2 Type 2 Audit Report

3.9 Minority Business Enterprise (MBE) Reports

3.10 Veteran Small Business Enterprise (VSBE) Reports

3.11 Work Orders

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

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4.9 Award Basis

4.10 Tie Bids

4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Federal Funding Acknowledgement

4.29 Conflict of Interest Affidavit and Disclosure

4.30 Non-Disclosure Agreement

4.31 HIPAA - Business Associate Agreement

4.32 Nonvisual Access

4.33 Mercury and Products That Contain Mercury

4.34 Location of the Performance of Services Disclosure

4.35 Department of Human Services (DHS) Hiring Agreement

4.36 Small Business Reserve (SBR) Procurement

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

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5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Attachment P. Small Business Contract Affidavit

Signature (Authorized Representative and Affidavit Attachment S. Company Profile

Appendix 1. Abbreviations and Definitions

Appendix 2. Quarterly Vendor Performance Report

Appendix 3. Bidder Information Sheet

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Appendix 4. Bathhouse and Restroom Building Dimensions and Fixtures

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must provide proof with its Bid that the following Minimum Qualifications have been met.

As part of the determination to be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1.1.1 Prior to submitting a bid for the work covered by the specifications for this solicitation, the successful Bidder must have a) a minimum of three (3) consecutive years of its entity being formed and in business; and b) a minimum of three (3) complete and consecutive years, within the last ten (5) years of successful janitorial service performance comparable in scope and type as required in this IFB. The Bidder must provide three (3) references that can substantiate this experience timely upon the request of the Procurement Officer.

The Bidder shall submit online with the bid response on the Company Profile (Attachment K) a minimum of three (3) references of companies, organizations, or clients for which the Bidder provided services in type comparable to those specified in the Scope of Work. Each reference shall be from a client for whom the Bidder has provided services within the past ten (10) consecutive years and shall include the following information:

1.1.2 Each reference must include

a. Name and complete address of business or company

b. Name of the contact person, email address, and current phone number

c. Term and length of each contract

d. Size and type of facility (square footage)

e. Type of services provided

f. Names of supervisory personnel who will perform under the contract, specifying the length and type of experience of each such personnel

g. Contract value

The Department reserves the right to request additional references or utilize references not provided by a Bidder.

1.1.3 Upon request, the Contractor shall submit documentation qualifying the (On-site Supervisor, Project Manager, Plant Manager, etc.) to include a resume, background clearance, and three (3) client references. These documents must reflect at least two (2) years’ experience, with janitorial supervision for services of the type and size of this IFB. With each reference on the resume, it must list details of the length of employment, type and size (square footage) of the buildings serviced by the Supervisor.

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

Qualifications in Section 1.1.1 may be used to meet this request.

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Provide a list of all contracts with any entity of the State of Maryland for which the Bidder is currently performing services or for which services have been completed within the last five (5) consecutive years. For each identified contract, the Bidder is to provide:

a. The State contracting entity;

b. A brief description of the services provided;

c. The dollar value of the contract;

d. The term of the contract;

e. The State employee contact person (name, title, telephone number, and, if possible, e-mail address); and

f. Whether the contract was terminated before the end of the term specified in the original contract, including whether any available renewal option was not exercised.

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.

1.1.5 Qualifications of Bidders and Determination for Responsibility / Communication

The Bidder must provide a reliable means of contact throughout the responsibility determination and throughout the execution of any contract. Failure to respond to any contact (phone, email, fax, letter, etc.) by the Procurement Officer or designee within 24 hours will jeopardize a Bidder’s determination of responsibility and the Bid may be rejected.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of General Services (or the Department) is issuing this Invitation for Bids (IFB) to procure the services defined in the detailed specifications and scope of work (Section 3.1), as specified in this IFB, from a Contract between the successful Bidder(s) and the State.

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

2.1.3 The Department of Natural Resources intends to make a single award for the work under this IFB. See IFB Section 4.9 Award Basis for more Contract award information.

2.1.4 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.

2.2 Background and Purpose

Sandy Point State Park is a high profile facility located in Annapolis, MD that draws over one-million visitors annually with large crowds, especially during the weekends and holiday season. The State is issuing this solicitation for the purpose of securing a contract with a qualified vendor to perform cleaning/janitorial and monitoring services in the five (5) restrooms and two (2) bathhouse facilities at Sandy Point State Park.

2.2.1 General Requirements

2.2.1.1 Project Goals: Contract shall provide overnight cleaning services and daily monitoring services to ensure restrooms are stocked with supplies and are clean for park visitors.

2.2.1.2 State Staff and Roles: In addition to the Procurement Officer and Contract Monitor, the State will have a Project Manager for the term of this Contract.

2.2.1.3 State Project Manager: The State will provide a State Project Manager who will be responsible for the daily direct communication with the Contractor, relaying information to and from the Park Manager and Contract Monitor. The Contractor will work directly with the State Project Manager for all requests, complaints and questions.

2.2.2 State Staff and Roles

2.2.3.1 In addition to the Contract Monitor, the State shall provide a State Project Manager who will be responsible for daily direct communication with the Contractor, relaying information to and from the Park Manager and Contract Manager.

2.2.3.2 The Contractor shall work directly with the State Project Manager for all requests, complaints, and questions.

2.2.3 Other State Responsibilities

The State will provide the following items to be used on-site:

a) Toilet paper

b) Mops

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c) Toilet brushes

d) Buckets

e) Brooms

f) Hand soap for dispensers

g) Trash bags

h) Garden hoses for water access

The State is responsible for providing required specified equipment to facilitate the Contractor’s performance of the work and will provide such additional assistance and services as is specifically set forth. The Contractor should monitor these supplies to prevent excessive usage of these inventory.

2.3 Responsibilities and Tasks

The Contractor shall provide cleaning/janitorial and monitoring services as detailed below.

2.3.1 Buildings and Locations – Cleanings

a) South Beach Bathhouse b) South Beach Point Restroom

c) East Beach Bathhouse d) East Beach Comfort Station #2

e) South Beach Water Tower Restroom f) Marina Restroom at Boat Ramps

g) East Beach Comfort Station #1

2.3.2 Cleaning Schedule

Each building indicated in Section 2.3.1 is to be cleaned once daily, seven (7) days a week including State observed holidays, from May 1st through September 30th, for the duration of the Contract. Daily cleaning is to occur between the hours of 9:00 p.m. and 5:00 a.m. State observed holidays covered under this Contract include Memorial Day, Juneteenth, Independence Day and Labor Day.

2.3.3 Cleaning Tasks

The Contractor shall perform the following tasks in the daily cleaning of the restrooms/bathhouses:

a) Sweep and remove debris, dirt and sand from all floor surfaces

b) Mop entire floor surfaces

c) Clean and disinfect interior and exterior of all porcelain surfaces including toilets, sinks and urinals.

d) Clean and wipe down all partitions and doors of toilet areas

e) Clean mirrors attached to the walls

f) Clean and wipe off hand dryers

g) Clean shower stalls to include walls, floors and benches

h) Clean and fill hand soap dispensers

i) Clean surfaces of wooden benches

j) Empty, clean and wipe off feminine napkin receptacles

k) Sweep entranceways and surrounding sidewalks

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l) Clean doors and sweep ceilings

m) Place all trash and debris in plastic bags and remove bags for proper disposal in nearest dumper

n) Place toiler paper in appropriate holders in each toilet stall

Contractor shall notify State Project Manager daily of any problems with each building including mechanical problems, clogged toilets and/or problems related to vandalism, etc.

2.3.4 Staffing Requirements for Cleaning

The Contractor shall provide sufficient staffing in order to complete the required cleaning tasks during the daily cleaning of five (5) restrooms and two (2) bathhouses. Cleaning is required seven (7) days a week.

2.4 Buildings and Locations – Monitoring

The following is a list of restrooms and bathhouses to be monitored. See Appendix 2 for specific information on building dimensions and fixtures.

a) South Beach Bathhouse b) South Beach Point Restroom

c) East Beach Bathhouse d) South Beach Water Tower Restroom

e) Marina Restroom at Boat Ramps f) East Beach Comfort Station #2

g) East Beach Comfort Station #1

2.4.1 Monitoring Schedule

Each building indicated in Section 2.4 is to be monitored on Saturdays, Sundays and State observed holidays only, from May 1st through September 30th, for the duration of the Contract. Buildings must be monitored continuously between the hours of 9:00 a.m. and 8:00 p.m. State observed holidays occurring under this Contract include Memorial Day, Juneteenth, Independence Day and Labor Day.

2.4.2 Monitoring tasks

The Contractor shall perform the following tasks, as needed, in the monitoring of the restrooms/bathhouses:

a) Cleaning porcelain surfaces and mirrors

b) Flushing and cleaning toilets and urinals

c) Periodic sweeping of floors/showers

d) Restocking hand soap and toilet paper

e) Trash and feminine napkin receptacle emptying and removal

2.5 Environmentally Preferable Purchasing

2.5.1 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 https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for Department of Natural Resources Page 6 of 86 same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this Contract, to the greatest extent practicable.

Verifying Environmental Claims (State Finance and Procurement Article §14–410(g)) “A bidder or offeror for a procurement contract must certify in writing that any claims of environmental attributes made relating to a product or service are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms.”

Limitations and Prohibitions on Toxics in Packaging (Environment Article §9–1901 et seq.)

“Except as provided in § 9-1903 and § 9-1904 of this subtitle, on or after July 1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional purposes any package or packaging component or any product in a package or packaging component to which any of the following was intentionally added during manufacture or distribution:

(1) Lead;

(2) Cadmium;

(3) Mercury; or

(4) Hexavalent chromium.

The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium incidentally present in a package or packaging component may not exceed: …By July 1, 1995, 100 parts per million by weight or 0.01%.”

1. BIDDER AND CONTRACTOR QUALIFICATIONS

Bidders may submit third‐party certification for environmentally preferable janitorial services such as Green Seal’s GS‐42 or International Sanitary Supply Association’s Cleaning Industry Management Standard-Green Building certification (CIMS-GB).

Bidders may submit references or other qualification alternatives to show their ability to perform the needs of this contract and meet the requirements of this specification.

2. COVID-19 PRECAUTIONS

For the duration of the COVID-19 pandemic, the Contractor and its personnel must follow safety precautions (e.g. using Personal Protective Equipment (PPE) protocols, daily sign-in sheets for contact tracing, etc.) set forth in Section 4: Minimum Requirements to minimize the risk of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

All personnel who have been potentially exposed to SARS-CoV-2 must leave the site and not return until they can submit evidence of a negative COVID-19 test result. The Building Services Supervisor or designated representative must require the personnel to provide documentation of the negative test result before the personnel is permitted to return to the site.

3. CLEANING PLAN REQUIREMENTS

http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsf&section=14-410&enactments=False&archived=False http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=9-1901&enactments=False&archived=False https://www.issa.com/certification-standards/cleaning-industry-management-standard-cims/cims-green-building https://www.issa.com/certification-standards/cleaning-industry-management-standard-cims/cims-green-building https://www.issa.com/certification-standards/cleaning-industry-management-standard-cims/cims-green-building

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The Contractor must submit a Building Specific Cleaning Plan to the Building Services Supervisor or designated representative. The Plan must address the requirements in this section, parts A and B.

A. Procedure Requirements

In addition to the requirements listed below, all personnel are required to follow CDC cleaning protocols.

I. Restroom Cleaning

a) Restroom cleaning and disinfection must be performed, at a minimum, daily. The Building Services Supervisor or designated representative may request increased frequency of cleaning and disinfection.

b) Restroom cleaning must be performed from high to low, toward the doorway, with dry cleaning tasks performed prior to wet cleaning operations. After cleaning, surfaces must be free of dust, smudges, streaks or residue.

c) High-touch areas and other areas where pathogens can collect must be cleaned and then disinfected, at a minimum, daily. The Building Services Supervisor or designated representative may request increased frequency of cleaning and disinfection.

d) Standing moisture must be removed from floors and bathroom surfaces.

e) Restroom cleaning tools (including mop heads/pads, mop buckets, and cloths) and equipment must be used specifically for restroom cleaning only and, with the exception of powered equipment, must not be used to clean any other areas of the building.

f) At least once a day, bathroom trash liners must be pulled, and trash receptacles disinfected.

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

For more info on surface disinfection, see section B, subsection I.

II. Waste/Trash Collection

A. All trash must be disposed of daily.

III. Floor Maintenance

a) Routine Floor Maintenance

1. Heavy-traffic areas (e.g., entrances, corridors, main passageways, breakrooms, etc.) must be vacuumed and/or mopped, at a minimum, daily. The Building Services Supervisor or designated representative may request increased frequency of cleaning and disinfection.

https://www.cdc.gov/coronavirus/2019-ncov/community/clean-disinfect/index.html https://www.cdc.gov/coronavirus/2019-ncov/community/clean-disinfect/index.html

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B. Chemical, Equipment, Tool, and Material Requirements

I. General

a) All housekeeping and janitorial supplies (e.g. cleaning chemicals, floor maintenance chemicals, mop heads, cloths, etc.) in support of this Contract must comply with the Maryland Green Purchasing Committee’s Specification for Environmentally Preferable Janitorial Supplies which can be accessed at https://dgs.maryland.gov/Pages/GreenPurchasing/Resources/Janitoria l.aspx.

b) Housekeeping and janitorial supplies must be purchased from Blind Industries and Services of Maryland (BISM) to the extent they are available. Compliant products are designated by BISM as ‘green’ and can be found here.

II. Prohibitions

a) Aerosol containers/canisters are prohibited for use in State facilities.

III. Personal Protective Equipment (PPE)

a) Must be used by all personnel and in a manner consistent with prevailing CDC guidelines and Executive Order 20-07-29-01, Part IV.

b) Must be stored on-site and in accordance with prevailing CDC guidelines.

IV. Hand Soap and Cleaning Chemicals

a) Cleaning personnel must use the appropriate technology (coarse spray bottles, automatic chemical dispensers (for instance on powered equipment), etc.) for applying chemical products in a manner that does not result in overuse and waste of the product.

b) All cleaning chemicals must be issued to cleaning personnel in labeled containers, which must define the instructions for use and all pertinent warnings or safety instructions.

c) The Contractor must purchase chemical products and supplies in quantities that minimize the amount of packaging and container waste generated.

V. Surface Disinfectants and Sanitizers

a) Disinfectants must be used on all surfaces where pathogens can collect and breed, including but not limited to:

1. Light switches https://dgs.maryland.gov/Pages/GreenPurchasing/Resources/Janitorial.aspx https://dgs.maryland.gov/Pages/GreenPurchasing/Resources/Janitorial.aspx https://dgs.maryland.gov/Documents/GreenPurchasing/BISMGreenProductsList.pdf https://governor.maryland.gov/wp-content/uploads/2020/07/Gatherings-10th-AMENDED-7.29.20.pdf

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2. Refrigerator handles

3. Restroom touch points (e.g., door handles, toilet flush handles, faucets, soap dispensers, paper towel dispensers)

4. Water cooler and water fountain buttons and bubbler heads, etc.

b) Disinfection of these surfaces must be performed, at a minimum, daily. The Building Services Supervisor or designated representative may request increased frequency of cleaning and disinfection.

c) Disinfectant label directions must be followed for proper dilution control and use after the area has been cleaned. This includes ensuring proper dwell time is adhered to and whether post-application rinsing is required (post application rinsing may not be required for all products, and air drying may be recommended on the product label).

1. For more information regarding proper disinfection protocols, please refer to CDC guidelines.

d) Cleaning personnel must only use disinfectants registered or devices regulated by the U.S. Environmental Protection Agency (EPA). Disinfectants must comply with the Maryland Green Purchasing Committee’s Janitorial Supplies Specification.

VI. Cleaning Cloths and Floor Pads

a) Whenever practicable, reusable microfiber cloths must be used in lieu of paper products in order to minimize waste.

b) Reusable cloths must be cleaned or laundered prior to reuse.

2.5.2 Mops

a) Mops must be equipped with reusable/cleanable collection heads or equivalent.

C. Communications Requirements

1. The Contractor must ensure that a system is in place for cleaning service employees to provide comments and suggestions about workplace issues and suggestions for improvements in the provision of services.

2. The Building Services Supervisor or designated representative will notify the Contractor on the method of communication between the Building Services supervisor or designated representative and cleaning personnel.

3. The Contractor may request facility managers to identify building occupants with special needs or sensitivities (to dust, chemicals, noise

IFB for Department of Natural Resources Page 10 of 86 levels, etc.) and have a process in place to work with those individuals and the Contractor to mitigate the problem.

D. Material Safety Data Sheets and Product Labels:

The Contractor must, for each building it services, maintain a binder containing:

1. Material Safety Data Sheets (MSDSs) and product labels for all cleaning products it uses or plans to use and must update the binder whenever it makes changes to those products.

2. The name, address, and phone number of the Contractor’s main representative at the site.

3. A statement that the contact person maintains the product labels and Material Safety Data Sheets (MSDSs) of each product used in the building.

4. Information that the label or MSDSs are available for review upon request. The contact person must be available for information and comment.

5. The binder must also be available digitally and must be delivered via email to the Building Services Supervisor or designated representative upon request.

The Contractor must update the Binder whenever it changes the products it uses.

The Contractor must maintain digital copies of the information contained in the binder and deliver the information via email to the Building Services Supervisor or designated representative upon request.

1. ENVIRONMENTALLY PREFERABLE PURCHASING LANGUAGE

A. On Environmentally Preferable Purchasing:

The State of Maryland is committed to purchasing environmentally preferable 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 required to meet the standards set forth in Maryland’s Green Purchasing Specification for Janitorial Services. Bidders are also encouraged to go beyond these standards to fulfill this contract, to the maximum extent practicable when such services are cost-competitive and meet the State’s form, function and utility requirements.

B. On Maryland’s Green Purchasing Reporting Requirements:

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The State of Maryland requires the Contractor to submit at a minimum quarterly sales data over the life of this contract per a schedule established and deemed reasonable by both parties, or by request by the Department of General Services. This information must include details about the recycled content, third-party sustainability certifications such as Green Seal and UL EcoLogo, and other environmental attributes of products and services sold on this price agreement per the contract specifications. The Contractor must notify the State if a product contains mercury.

To facilitate consistent reporting on this contract, the Contractor will be provided with a VENDOR GREEN SALES REPORT template from the Green Purchasing Committee (GPC), the Office of State Procurement (OSP) or the Department of General Services (DGS).

C. On Environmental Claims

All environmental benefit claims made by the Contractor concerning products or services offered on this contract must be consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Claims.

2.6 Staffing

Sandy Point State Park is a high-profile facility that draws over one-million visitors annually. This results in large crowds, especially during weekends and holidays. Staffing for this Contract must meet the requirements of this facility and the high volume of customers that visit. Little opportunity is available for resting or breaks. Relief and/or backup must be considered when calculating staffing requirements for weekends and holidays.

2.5.1 Staffing requirements for Monitoring – A minimum of three (3) male and three (3) female staff persons is required during the monitoring period of 9:00 a.m. to 8:00 p.m. These are minimum numbers only; additional staffing is highly suggested. Sufficient staffing must be on-site to meet the visitation demands noted in Section 2.5. As noted in Section 2.4, monitoring is required in two (2) bathhouses and five (5) restrooms and limited to Saturdays, Sundays and State observed holidays only. Due to expected high visitation, additional staffing on State observed holidays occurring under this Contract (Memorial Day, Juneteenth, Independence Day and Labor Day) is also highly suggested.

2.5.2 It is suggested that staff of at least one (1) male and one (1) female monitor the facilities at the South Beach including the Bathhouse, Point Restroom and Tower Restroom from 9:00 a.m. to 8:00 p.m., which provides constant monitoring during the busiest park operational times.

2.5.3 There must be always at least one (1) female staff person during the monitoring hours of 9:00 a.m. and 8:00 p.m.

2.7 On-Site Transportation

The restroom and bathhouse buildings are in various places throughout the park. Due to the distance between buildings, a mode of on-sire transportation to travel the facility in a timely manner is necessary.

Operators of transportation must adhere to all Maryland state traffic and vehicle laws.

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2.7 Reductions for Non-Performance or Failure to Meet Standards The following reductions shall be used in adjusting the Contractor’s invoice when the Contractor fails to perform any task required in these specifications or performs any task below the standards as required in these specifications.

Within each 12-month period of the Contract:

a) First occurrence - written documentation notice from the Contract Monitor to the Contractor.

b) Second occurrence - written documentation and deduction of 1/60th of monthly invoice amount.

c) Third occurrence - written documentation and deduction of 1/30th of monthly invoice amount.

d) Reductions for “No Shows” may be based on the normal number of Contractor’s personnel assigned to the building multiplied by the hours normally worked by the Contractor.

e) Reductions for below standards work may be made if, after the second documented notification, the Contractor has not corrected the deficiency and State workers are assigned to perform the task. Reductions will be based on the hourly wage rate of the State employee assigned to perform the task times the hour/hours required for State workers to perform the task.

f) Reductions for non-performance may be made if the task was not done and State workers have to be assigned immediately to perform the task. Reductions will be based on the hourly wage rate of the State employee assigned to perform the task times the hour/hours required for State workers to perform the task.

g) The referenced conditions (examples) may result in Termination of Contract for Default by the Procurement Officer.

Note: Copies of all correspondence regarding this clause must be submitted to the Procurement Officer.

2.8 Disputes Arising from Reductions

2.7.1 Should the Contractor dispute the validity of a reduction determination made by the Contract Monitor, they may appeal the reduction to the Park Manager within seven (7) calendar days of receiving notice of the reduction.

2.7.2 The Park Manager will review the reduction and make a written determination as to its validity within seven (7) days of the receipt of the appeal from the Contractor.

2.7.3 Should the Contractor disagree with the decision of the Park Manager; the Contractor may appeal the Park Manager’s decision to the Procurement Officer within seven (7) calendar days of the receipt of the Manager’s decision.

2.7.4 The Procurement Officer shall review all documentation, evidence and arguments of the Contractor and the Park Manager and make a written determination as to the validity of the reduction within seven (7) calendar days of receiving the appeal from the Contractor.

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3 Contractor Requirements: General

3.1 End of Contract Transition

3.1.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 60 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

a) Provide additional services and support as requested to successfully complete the transition;

b) Maintain the services called for by the Contract at the required level of proficiency;

c) Provide updated System Documentation (see Appendix 1), as appropriate; and

d) Provide current operating procedures (as appropriate).

3.1.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

3.1.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

3.1.4 The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

a) The Contractor shall provide a draft Transition-Out Plan 120 Business Days in advance of Contract end date.

The Transition-Out Plan shall address at a minimum the following areas:

1) Any staffing concerns/issues related to the closeout of the Contract;

2) Communications and reporting process between the Contractor, the Department of Natural Resources and the Contract Monitor;

3) Security and system access review and closeout;

4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the Department of Natural Resources or a designee;

5) Any final training/orientation of Department of Natural Resources staff;

6) Connectivity services provided, activities and approximate timelines required for Transition-Out;

7) Knowledge transfer, to include:

a) A working knowledge of the current system environments;

b) Review with the Department of Natural Resources the procedures and practices that support the business process and current system environments;

c) Working knowledge of all technical and functional matters associated with the solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

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8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

9) Any risk factors with the timing and the Transition-Out schedule and transition process.

The Contractor shall document any risk factors and suggested solutions.

The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

The Contractor shall provide copies of any current daily and weekly back-ups to the Department of Natural Resources or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract.

Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in Section 3.2.5.

3.2 Invoicing

3.2.1 General

a) The Contractor shall send OR e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor at e-mail address: angela.baldwin@maryland.gov.

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

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.

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.

The Department of Natural Resources reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department of Natural Resources 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.

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Any action on the part of the Department of Natural Resources, 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.

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.

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.

3.2.2 Invoice Submission Schedule

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

a) 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 Department of Natural Resources.

b) For items of work for which there is annual pricing, see Attachment B–Bid Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2.

3.2.3 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.

3.2.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.3 Liquidated Damages

3.3.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

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3.3.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.4 Disaster Recovery and Data

The following requirements apply to the Contract:

3.4.1 Redundancy, Data Backup and Disaster Recovery

a) Unless specified otherwise in the IFB, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

b) The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1) The Contractor shall furnish a DR site.

2) The DR site shall be at least 100 miles from the primary operations site, and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

c) The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

d) The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service.

Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing.

e) Such contingency and DR plans shall be available for the <<Department of Natural Resources >> to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

3.4.2 Data Export/Import

a) The Contractor shall, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

1) perform a full or partial import/export of State data within 24 hours of a request; or

2) provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

b) Any import or export shall be in a secure format per the Security Requirements.

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3.5 Insurance Requirements

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

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

a) Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual aggregate.

The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

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

Coverage must be valid in all states where work is performed.

c) Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

d) Fidelity Bond – Contractor’s employees shall be bonded by a company approved by the Maryland Insurance Commissioner to issue bonds in Maryland. The bond or bonds shall protect the State against loss by theft of money or other property from the premises to which the State or others may sustain as a result of any fraudulent or dishonest act of Contractor’s employee, acting alone or in collusion with others, during the term of the Contract.