GEND6AG23 IFB Solicitation.pdf

Maryland Department of Transportation

STATE HIGHWAY ADMINISTRATION

INVITATION FOR BIDS (IFB)

SOLICITATION NO. GEND6AG23

Issue Date: 01/24/2020

GENERATOR MAINTENANCE AT THE ADMINISTRATIONS

DISTRICT 6 FACILITIES IN ALLEGANY, GARRETT, AND

WASHINGTON COUNTIES

NOTICE

A Prospective Bidder that has received this document from https://emma.maryland.gov, or 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://emma.maryland.gov/

SHA Rev 11-15-19 ii

STATE OF MARYLAND

NO BID NOTICE

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

Title: Generator Maintenance at the Administrations District 6 Facilities in Allegany, Garrett and Washington Counties Solicitation No: GEND6AG23

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

( ) Other commitments preclude our participation at this time.

( ) The subject of the solicitation is not something we ordinarily provide.

( ) We are inexperienced in the work/commodities required.

( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)

( ) The scope of work is beyond our present capacity.

( ) Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS section.)

( ) We cannot be competitive. (Explain in REMARKS section.)

( ) Time allotted for completion of the Bid/Proposal is insufficient.

( ) Start-up time is insufficient.

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

( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky.

(Explain in REMARKS section.)

( ) MBE or VSBE requirements. (Explain in REMARKS section.)

( ) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section.)

( ) Payment schedule too slow.

( ) Other:__________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.).

REMARKS:

Vendor Name: ___________________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________ iii

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

IFB KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Generator Maintenance at the Administrations District 6 Facilities in Allegany, Garrett and Washington Counties

Solicitation Number: GEND6AG23

IFB Issue Date: 01/24/2020

IFB Issuing Office: Maryland Department of Transportation State Highway

Administration, 707 N. Calvert St. Baltimore, MD 21202

Procurement Officer: Patrick Olanya

Maryland Department of Transportation State Highway Administration (MDOT SHA) 707 N. Calvert St. MS: C-405 Baltimore, MD 21202

Phone: 410-545-5726 Fax:

e-mail: Polanya@mdot.maryland.gov

Contract Monitor: Jim Wampler District Operations Engineer, District 6 1251 Vocke Rd, LA Vale, MD 21502 301-729-8400 Jwampler@mdot.maryland.gov

Pre-Bid Conference: No Pre-Bid Conference

Pre-Bid Attendance RSVP due by: N/A

Cut-off Date for Q &A: February, 13 2020 5:00 PM Local Time

Closing Date and Time: February 25, 2020 2:00 PM Local Time

Contract Duration: 3-yrs

MBE Subcontracting Goal: 0 %

MBE Split Goals: N/A

VSBE Subcontracting Goal: 0 %

Small Business Reserve: Yes

Small Business Preference: No iv

Table of Contents

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.2 Abbreviations and Definitions

1.3 Contract Type

1.4 Contract Duration

1.5 Procurement Officer

1.6 Contract Monitor

1.7 Pre-Bid Conference

1.8 eMaryland Marketplace Advantage

1.9 Questions and Inquires

1.10 Procurement Method

1.11 Bids – Opening/Due Date and Time/References

1.12 Multiple or Alternate Bids

1.13 BPO as a Contract

1.14 Confidentiality

1.15 Award Basis

1.16 Tie Bids

1.17 Duration of Bid

1.18 Revisions to the IFB

1.19 Cancellations

1.20 Incurred Expenses

1.21 Protest/Disputes

1.22 Bidder Responsibilities

1.23 Substitution of Personnel

1.24 Mandatory Contractual Terms

1.25 Bid/Proposal Affidavit

1.26 Contract Affidavit

1.27 Compliance with Laws/Arrearages

1.28 Verification of Registration and Tax Payment

1.29 False Statements

1.30 Payments by Electronic Funds Transfer

1.31 Prompt Payment Policy

1.32 Electronic Procurements Authorized

1.33 Minority Business Enterprise Goal and Sub-goals

1.34 Living Wage Requirements

1.35 Federal Funding Acknowledgement

1.36 Conflict of Interest Affidavit and Disclosure

1.37 Non-Disclosure Agreement

1.38 Company Profile

1.39 Nonvisual Access

1.40 Mercury and Products That Contain Mercury

1.41 Veteran-Owned Small Business Enterprise Goals

1.42 Location of the Performance of Services Disclosure

1.43 Department of Human Resources (DHR) Hiring Agreement

v

1.44 Small Business Reserve (SBR) Procurement / Small Business Preference (SBP) Procurement

1.45 Performance Bond

1.46 Payment Bond

1.47 Bid Bond

1.48 Vendor Performance Report

SECTION 2 – MINIMUM QUALIFICATIONS

2.1 Bidder Minimum Qualifications

SECTION 3 – SCOPE OF WORK

3.1 Background and Purpose

3.2 Scope of Work - Requirements

3.3 Security Requirements

3.4 Insurance Requirements

3.5 Problem Escalation Procedure

3.6 Invoicing

3.7 MBE Reports

3.8 VSBE Reports

3.9 SOC 2 Type II Audit Report

3.10 End of Contract Transition

SECTION 4 – BID FORMAT

4.1 One Part Submission

4.2 Labeling

4.3 Bid Price Form

4.4 Required Bid Submissions

4.5 Reciprocal Preference

4.6 Delivery

4.7 Documents Required upon Notice of Recommendation for Contract Award

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

IFB ATTACHMENTS

ATTACHMENT A – CONTRACT

ATTACHMENT B – BID/PROPOSAL AFFIDAVIT

ATTACHMENT C – CONTRACT AFFIDAVIT

ATTACHMENTS D – MINORITY BUSINESS ENTERPRISE FORMS

PROJECT/CONTRACT NUMBER .......................... ERROR! BOOKMARK NOT DEFINED.

MDOT Certification # Telephone # ............................. Error! Bookmark not defined.

SOLICITATION NUMBER ....................................... ERROR! BOOKMARK NOT DEFINED.

SOLICITATION NUMBER ....................................... ERROR! BOOKMARK NOT DEFINED.

SOLICITATION NUMBER ....................................... ERROR! BOOKMARK NOT DEFINED.

SOLICITATION NUMBER ....................................... ERROR! BOOKMARK NOT DEFINED.

ATTACHMENT E – PRE-BID CONFERENCE RESPONSE FORM

vi

ATTACHMENT F – BID PRICING INSTRUCTIONS

ATTACHMENT F – BID FORM

ATTACHMENT G – LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS . 65

ATTACHMENT H - FEDERAL FUNDS ATTACHMENT

ATTACHMENT I – CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

ATTACHMENT J – NON-DISCLOSURE AGREEMENT

ATTACHMENT K – COMPANY PROFILE

ATTACHMENT L – MERCURY AFFIDAVIT

ATTACHMENT M – VETERAN-OWNED SMALL BUSINESS ENTERPRISE

ATTACHMENT N – LOCATION OF THE PERFORMANCE OF SERVICES

DISCLOSURE

ATTACHMENT O – DHR HIRING AGREEMENT

ATTACHMENT P – SMALL BUSINESS CONTRACT AFFIDAVIT

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.1.1 The MDOT State Highway Administration (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.

1.1.2 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 anticipated duration of services to be provided under this Contract is thirty (36) months. See Section 1.4 for more information.

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

1.1.4 Bidders, either directly or through their subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

1.1.5 Multiple bids will not be accepted

1.2 Abbreviations and Definitions

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

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

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

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

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

e. Consecutive – uninterrupted services provided from one year to next.

f. Continuous – period of time when the contractor has maintained work for a client.

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

h. Contract Commencement - The date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. See Section 1.4.

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

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

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

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

k. Department – MDOT State Highway Administration.

l. eMMA – eMaryland Marketplace Advantage (see IFB Section 1.8).

m. Invitation for Bids (IFB) – This Invitation for Bids solicitation issued by the Maryland Department of

Transportation State Highway Administration (MDOT SHA), Solicitation Number GEND6AG23 dated 01/24/2020, including any addenda.

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

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

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

Friday except State Holidays, which can be found at: www.roads.maryland.gov – keyword: State Holidays.

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

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

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

s. State – The State of Maryland.

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

u. Total Bid Price - The Bidder’s total price for services in response to this solicitation, included in the Bid in

Attachment F – Bid Form, and used in determining the recommended awardee (see IFB Section 1.15).

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

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

1.3 Contract Type

The Contract resulting from this solicitation shall be a firm fixed price.

1.4 Contract Duration

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

Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required (“Contract Commencement”).

http://www.roads.maryland.gov/

1.4.2 The term of the contract shall be Thirty-six (36) months.

1.4.3 The Contractor’s obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (see Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.

1.5 Procurement Officer

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

Patrick Olanya

Procurement Officer Office of Procurement and Contract Management

707 N. Calvert St. MS: C-405 Baltimore, MD 21202 Phone Number: 410-545-5726 E-mail: Polanya@mdot.maryland.gov

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

1.6 Contract Monitor

The Contract Monitor is:

Jim Wampler District Operations Engineer, District 6 1251 Vocke Rd, LA Vale, MD 21502 301-729-8400 Jwampler@mdot.maryland.gov

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

1.7 Pre-Bid Conference

No Pre-Bid Conference will be held.

1.8 eMaryland Marketplace Advantage

1.8.1 Bids for this solicitation are being accepted solely online through eMaryland Marketplace Advantage

(eMMA). Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. Bidders shall elaborate on items in Specifications only when requested. Bidders should not provide any comments in the comments box for each line item. If comments are provided the bid may be determined to be non-responsive. Bidders should not provide unsolicited discounted pricing unless instructed to do so in the Specifications.

1.8.2 Print out all forms and attachments and carefully review the entire solicitation. After bids are opened, you will no longer be able to access this solicitation. Retain all sections for future reference.

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

1.9 Questions and Inquires

1.9.1 All communications regarding this solicitation are to be made solely through the Procurement Officer via email. Only information communicated by the Procurement Officer or their authorized representative will be the official position of the State on an issue. Questions regarding this solicitation must be submitted in writing no later than 02/13/2020 5:00 PM Local Time.

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

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

1.10 Procurement Method

This Contract will be awarded in accordance with the Competitive Sealed Bidding method in accordance with Section 13-103 of the State Finance and Procurement Article, Annotated Code of Maryland and COMAR 21.05.02. In accordance with COMAR 21.05.02.13, the Contract will be awarded to the responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the IFB and is either the most favorable bid price or most favorable evaluated bid price.

1.11 Bids – Opening/Due Date and Time/References

1.11.1 Bids for this solicitation are being accepted solely online through eMaryland Marketplace Advantage

(eMMA). The Bid Due date is Tuesday, February 25, 2020 at 2:00 pm Local Time. This contract shall be awarded to the responsible Bidder that submits the lowest responsive bid meeting the specifications. Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening. Bids will be opened electronically in eMMA as soon as practicable after the deadline for the receipt of bids in the solicitation. Bid results will not be given by phone. Bids may not be submitted by e-mail or facsimile.

1.11.2 Should a Bidder be in doubt as to the meaning or intent of any section or subsection of this IFB, the Bidder must request clarification from the Procurement Officer via email. Do not use the comments box in the eMMA solicitation to ask a question or comment on the solicitation. See Section 1.9

1.11.3 Vendors not responding to this solicitation are requested to submit the “No Bid Notice” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage etc.). This form is located in the IFB on page (iii), immediately following the Title Page (page ii). Fax, email, hand carry or mail only.

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

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

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

1.11.6 Vendor must provide a list of references of companies or organizations for which it provided services within the past five (5) consecutive years. See Section 4.4.5 This list must be submitted to the Procurement Officer either: electronically via eMMA as an attachment on the bid due date, by fax, mail or hand carry to the PO before the bid opening date.

1.12 Multiple or Alternate Bids

Multiple and/or alternate Bids will not be accepted.

1.13BPO as a Contract

The Blanket Purchase Order (BPO) issued as a result of the Invitation for Bid (IFB) and any subsequent amendments, modifications or options issued relevant to the IFB or BPO, shall comply with all of the terms, conditions and specifications issued with the IFB and are incorporated in and made part of the BPO.

1.14 Confidentiality

1.14.1 Bidders should give specific attention to the identification of those portions of their bid which they deem to be confidential, or to contain proprietary information or trade secrets. Bidders should provide justification why such material, upon request, should not be disclosed by the State under the Maryland Public Information Act (PIA), State Government Article, Title 10, Subtitle 6 of the Annotated Code of Maryland. Any section or part of a bid or proposal deemed confidential or proprietary should be so identified on the respective page of the bid or proposal.

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

1.15 Award Basis

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

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

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

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

1.15.3 The BPO issued as a result of the solicitation, and any subsequent amendments, modifications or options issued relevant to the solicitation or BPO, complies with all the terms, conditions and specifications issued with the solicitation and is incorporated in and made part of the Contract – Attachment A.

1.16 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

1.17 Duration of Bid

Bids submitted in response to this IFB are irrevocable for 120 days following the closing date of the Bids. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

1.18 Revisions to the IFB

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

Bidders should acknowledge 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 rejected as being non-responsive to the requirements of the

IFB.

1.19 Cancellations

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

1.20 Incurred Expenses

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

1.21 Protest/Disputes

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

1.22 Bidder Responsibilities

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

If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) of this IFB (see Section 1.33 “Minority Business Enterprise Goals” and Section 1.41 “Veteran-Owned Small Business Enterprise Goals.”).

If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder, such as but not limited to, references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement that the parent organization will guarantee the performance of the subsidiary.

1.23 Substitution of Personnel

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

1.24 Mandatory Contractual Terms

By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached herein as Attachment A. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

1.25 Bid/Proposal Affidavit

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

1.26 Contract Affidavit

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

1.27 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the Contract if selected for Contract award.

1.28 Verification of Registration and Tax Payment

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

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

1.29 False Statements

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

1.29.1 In connection with a procurement contract a person may not willfully:

(a) Falsify, conceal, or suppress a material fact by any scheme or device;

(b) Make a false or fraudulent statement or representation of a material fact; or

(c) Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

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

1.29.3 A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both.

1.30 Payments by Electronic Funds Transfer

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

https://taxes.marylandtaxes.gov/Tax_Compliance_and_Enforcement/Tax_Compliance_Information/Pay_It/Payment_ Methods/Direct_Debit_Program/Business_EFT_Payments.shtml

1.31 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 must comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Payment” (see Attachment A). Additional information is available on GOMA’s website at:

http://www.mdminoritybusiness.com/documents/PROMPTPAYMENTFAQs_000.pdf.

Commented [DC1]: Link not working.

Commented [DC2]: GOMA or GOSMWBA?

Commented [DC3]: Is the additional information available on GOSMWBA’s website or MDOT Office of Minority Business Enterprise?

https://egov.maryland.gov/BusinessExpress/EntitySearch https://taxes.marylandtaxes.gov/Tax_Compliance_and_Enforcement/Tax_Compliance_Information/Pay_It/Payment_Methods/Direct_Debit_Program/Business_EFT_Payments.shtml https://taxes.marylandtaxes.gov/Tax_Compliance_and_Enforcement/Tax_Compliance_Information/Pay_It/Payment_Methods/Direct_Debit_Program/Business_EFT_Payments.shtml http://www.mdminoritybusiness.com/documents/PROMPTPAYMENTFAQs_000.pdf

1.32 Electronic Procurements Authorized

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

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

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

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

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

(a) the solicitation (e.g., the IFB/RFP);

(b) any amendments;

(c) pre-Bid/Proposal conference documents;

(d) questions and responses;

(e) communications regarding the solicitation or Bid/Proposal to any Bidder/Offeror or potential

Bidder/Offeror;

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

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

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

(a) ask questions regarding the solicitation;

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

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

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

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

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

1. submission of initial Bids or Proposals;

2. filing of Bid Protests;

3. filing of Contract Claims;

4. submission of documents determined by the Department to require original signatures (e.g., Contract execution, Contract modifications, etc.); or

Commented [DC4]: Website not working, should Bidx or another site link be used?

https://emma.maryland.gov/

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

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

1.33 Minority Business Enterprise Goal and Sub-goals

There is no MBE subcontractor participation goal for this procurement.

1.34 Living Wage Requirements

A solicitation for services under a State contract valued at $100,000 or more may be subject to Md. Code Ann., State Finance and Procurement Article, Title18. Additional information regarding the State’s living wage requirement is contained in Attachment G. Bidders/Offerors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment G-1) with their Bid/Proposal. If a Bidder/Offeror fails to complete and submit the required documentation, the State may determine a Bidder/Offeror to be not responsible under State law.

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 Tier 2 Area of the State. 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.

The Contract resulting from this solicitation 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/Offeror must identify in its Bid/Proposal 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.

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.

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.

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, this Contract will be determined to be a Tier 1 Contract.

When State contract services valued at 50% or more of the total value of the contract is performed in the Tier 1 Area Contractors and Subcontractors are subject to the Living Wage Law and shall pay each covered employee at least $14.24 per hour.

When State contract services valued at 50% or more of the total value of the contract is performed in the Tier 2 Area Contractors and Subcontractors are subject to the Living Wage and shall pay each covered employee at least $10.70 per hour.

Commented [DC5]: Living Wage rates changed effective 9/28/19.

Commented [DC6]: Living Wage rates changed effective 9/28/19.

NOTE: Whereas the Living Wage may change annually, the Contract price may not be changed because of a Living Wage change.

The Contractor shall be responsible for any wage/rate increase during the term of this contract and such increase may not be passed on to the MDA or the State of Maryland once the contract has commenced.

Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

1.35 Federal Funding Acknowledgement

This Contract does not contain Federal funds.

1.36 Conflict of Interest Affidavit and Disclosure

Bidders/Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with their Bid/Proposal. All Bidders/Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Contractor’s personnel who perform or control work under this Contract and each of the participating subcontractor personnel who perform or control work under this Contract shall be required to complete agreements substantially similar to Attachment I Conflict of Interest Affidavit and Disclosure. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

1.37 Non-Disclosure Agreement

A Non-Disclosure Agreement is not required for this procurement.

1.38 Company Profile

A Company Profile is required and must be submitted with the Bid. (Attachment K)

1.39 Nonvisual Access

This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access.

1.40 Mercury and Products That Contain Mercury

All products or equipment provided pursuant to this solicitation shall be mercury-free products. The Bidder/Offeror must submit a Mercury Affidavit in the form of Attachment L with its Bid/Proposal.

http://www.dllr.state.md.us/labor/prev/livingwage.shtml

1.41 Veteran-Owned Small Business Enterprise Goals

There is no Veteran-Owned Small Business Enterprise (VSBE) subcontractor participation goal for this procurement.

1.42 Location of the Performance of Services Disclosure

This solicitation does not require a Location of the Performance of Services Disclosure.

1.43 Department of Human Resources (DHR) Hiring Agreement

This solicitation does not require a DHR Hiring Agreement.

1.44 Small Business Reserve (SBR) Procurement / Small Business Preference (SBP) Procurement

SMALL BUSINESS RESERVE

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 Office for Small and Minority Owned Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.

For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria:

A. It is independently owned and operated;

B. It is not a subsidiary of another business;

C. It is not dominant in its field of operation; and

D. Either:

(1) With respect to employees:

(a) Its wholesale operations did not employ more than 50 persons in its most recently completed 3 fiscal years;

(b) Its retail operations did not employ more than 25 persons in its most recently completed 3 fiscal years;

(c) Its manufacturing operations did not employ more than 100 persons in its most recently completed 3 fiscal years;

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(d) Its service operations did not employ more than 100 persons in its most recently completed 3 fiscal years;

(e) Its construction operations did not employ more than 50 persons in its most recently completed 3 fiscal years; and

(f) The architectural and engineering services of the business did not employ more than 100 persons in its most recently completed 3 fiscal years; or

(2) With respect to gross sales:

(a) The gross sales of its wholesale operations did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;

(b) The gross sales of its retail operations did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years;

(c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;

(d) The gross sales of its service operations did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years;

(e) The gross sales of its construction operations did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and

(f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.

Note: If a business has not existed for 3 years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

Further information on the certification process is available at eMaryland Marketplace Advantage.

E. Ineligible Bids or Proposals. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract.

F. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by GOSBA as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been certified.

G. Reporting. The designated procurement units shall submit a report on the Small Business Reserve Program annually as required under COMAR 21.13.01.03B.

The bidder will be required to complete a Small Business Reserve Contract Affidavit. A copy of this Affidavit is included as Attachment P. This Affidavit must be provided with the bid.

This solicitation is not designated as a Small Business Preference (SBP) Procurement.

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The bidder will be required to complete a Small Business Reserve Contract Affidavit. A copy of this Affidavit is included as Attachment P. This Affidavit must be provided with the bid.

1.45 Performance Bond

A Performance Bond is not required with this contract. See Attachment R – Performance Bond

1.46 Payment Bond

A Payment Bond is not required with this contract. See Attachment S – Payment Bond

1.47 Bid Bond

A Bid Bond is not required with this contract. See Attachment T – Bid Bond

1.48 Vendor Performance Report

QUARTERLY VENDOR PERFORMANCE REPORT

This form will be used to report satisfactory or unsatisfactory vendor performance. A copy will be given to the vendor and will become a permanent part of the vendor’s file. This report must be completed by the agency quarterly and submitted to the SHA Procurement Officer within ten (10) days.

eMail To:

Name of Procurement Officer POlanya@mdot.maryland.gov Report Date: ________________________ Report Due By: ______________________

User Agency/Department Submitting Report:

Contact Person: _______________________________________ Telephone Number: __________________________________

Address: _______________________________________ eMail Address: _____________________________________________

Title of Service/ ____________________________________________

Location __________________________________________________

SHA BPO # _____________________________________

Is there a Minority Business Enterprise (MBE) goal?

Yes ________ Goal_________ No _________ Is contractor compliant? Yes _________ No __________ Is this a Small Business Reserve (SBR)?

Yes _________ No ___________

Term of Contract: ______________ to ______________

Vendor’s Name: ____________________________________________

Name of Company __________________________________________

Vendor’s Phone #: _______________________

Vendor’s eMail Address:

Brief description of service(s) provided by Vendor:

A. Using your Invitation to Bid (IFB), Scope of Work (SOW), for this contract, evaluate the vendor’s performance. For any area(s) of non-compliance, include the specific section(s) consistent with the area(s) of vendor’s compliance with contract terms and conditions. Use additional pages to complete Sections A, B, and C, as needed.

1.

2.

3.

B. Explain steps taken on the agency’s level to resolve the problem and the vendor’s response to those steps: (User Agency shall maintain documentation to support all areas of vendor’s non-compliance).

C. Remarks: Be accurate, complete and factual.

Overall rating [ ] Satisfactory [ ] Unsatisfactory

Printed Name and Title of Person Initiating Form Authorized Signature and Date mailto:POlanya@mdot.maryland.gov

SECTION 2 – MINIMUM QUALIFICATIONS

2.1 Bidder Minimum Qualifications

The Bidder must provide proof with its Bid that the following Minimum Qualifications have been met (see also Section 4):

Unless stated elsewhere in the IFB, the minimum qualifications for award for this solicitation are as follows:

2.1.1 Prior to submitting a bid for the work covered by the specifications for this solicitation, the successful Bidder must have a minimum of three (3) complete and consecutive years of successful Generator maintenance service performance comparable in scope, type, size, magnitude, and complexity for each reference as required in the IFB. The Bidder must provide 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 or organizations for which the Bidder provided services in scope, type, size, magnitude and complexity 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 five (5) consecutive years and shall include the following information:

2.1.2 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 State Highway Administration reserves the right to request additional references or utilize references not provided by a Bidder.

If applicable:

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 (Type of Service) 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.

2.1.3 List of Current or Prior State Contracts: (References used to meet any Bidder Minimum Qualifications in Section 2.1.1 may be used to meet this request.

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.

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SECTION 3 – SCOPE OF WORK

3.1 Background and Purpose

This open-ended, on-call Contract provides for comprehensive and reliable preventative maintenance service, load bank testing, and emergency repair service for the emergency generators and associated equipment belonging…