Hot_Water_Tank_IFB_BPM043072 (1).pdf

Repairs of Hot Water Tank Unit 2 Flange R1 at MCI-J

IFB Document Solicitation #BPM043072

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STATE OF MARYLAND DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES (DPSCS)

INVITATION FOR BIDS (IFB)

Repairs of Hot Water Tank Unit 2 at Maryland Correctional Institution

Jessup (MCI-J)

Solicitation No.: BPM043072

ISSUE DATE: 3/25/2024

NOTICE TO BIDDERS

A Prospective Bidder that has received this document from a source other than the eMaryland Marketplace

Advantage (eMMA) should register on eMMA.

This solicitation shall be made in accordance with the small procurement regulations described in COMAR

21.05.07

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

NO BID NOTICE/VENDOR FEEDBACK FORM

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, https://emma.maryland.gov/

Solicitation #043072

IFB for Department of Public Safety and Correctional Services Page 2 of 24 please email this completed form to the attention of the Procurement Officer (see Key Information Sheet below for contact information).

Title: Repair Hot Water Tank Unit 2 at Maryland Correction Institution Jessup

Solicitation No: BPM043072

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: __________________________________________________________________________

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL

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SERVICES

IFB KEY INFORMATION SUMMARY SHEET

Invitation For Bid:

Hot Water Tank Unit 2 at Maryland Correction Institution Jessup

(MCI-J)

IFB Issue Date: 3/25/2024

Solicitation No.: BPM#043072

Issuing Office:

State of Maryland

State Department of Public Safety and Correctional Services

Maryland Correctional Institution Jessup

7803 House of Correction Road

Jessup, MD 20794

Procurement Officer:

Rudi Rheams

Phone: 443-467-2235 rudi.rheams@maryland.gov

Contract Monitor:

Jite Eregha

Phone: 410-540-6740 or 443-871-4243

Jite.Eregha@maryland.gov

Questions Due Date and Time: April 4, 2024 at 1pm to the procurement officer email rudi.rheams@maryland.gov

Bid Due (Closing) Date and

Time:

Bids must be submitted to the eMaryland Marketplace Advantage

(eMMA) website by 5:00pm EST on April 8,2024 in order to be considered.

Bids and/or unsolicited amendments to bids after bid due date and time will not be considered.

Delivery Address:

All bids are to be submitted through eMaryland Marketplace

Advantage under solicitation BPM043072

Contract Type: Firm fixed price

SBR Designated: No

ALL INQUIRIES PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED TO THE

PROCUREMENT OFFICER IDENTIFIED ABOVE.

SECTION 1 - SPECIFICATIONS

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1.1 OBJECTIVE

The Maryland Department of Public Safety and Correctional Services (DPSCS or Department) is soliciting bids to repair a hot water tank at the Maryland Correctional Institution – Jessup (MCI-J) located at 7803 House of

Correction Road, Jessup, Maryland, 20794. A nozzle on Hot Water Tank #2 has failed and requires proper removal and installation of a new nozzle with flange by a qualified Contractor to ensure proper operation. Installation must be observed by an American Society of Mechanical Engineers (ASME) authorized inspector. This repair is essential for maintaining the hot water supply to the facility.

The selected vendor will be capable of performing work at the highest standards and is mandated to certified welding company to execute all necessary repairs.

Throughout the duration of the project, the selected vendor must ensure the presence of an on-site individual representing the contractor, responsible for the entire project, and capable of effective communication in English with the State representative. All work undertaken in this project must adhere to the requirements stipulated by local codes and regulations of authorities having jurisdiction.

1.2 BASIS OF AWARD

This procurement is being conducted under Small Procurement Regulations as set forth in Code of Maryland

Regulations (COMAR) 21.05.07. The basis of award shall be the most favorable bid price. In the event of tie bids, the provisions of COMAR 21.05.02.14 shall determine the successful bidder.

1.3 BID SUBMITTAL INFORMATION

All bids, affidavits, and/or responses to attachments shall be submitted through eMaryland Marketplace

Advantage (eMMA) under the eMMA solicitation number listed on the Key Information Sheet. Bids shall be uploaded into eMMA by the due date and time for consideration.

Multiple or alternate bids will not be acceptable unless otherwise stated in the solicitation documents.

1.4 eMARYLAND MARKETPLACE ADVANTAGE

Each Bidder is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number on the bid form at the time of its submission to this IFB.

In order to submit a bid and / or to receive a contract award, a vendor must be registered on eMMA.

Registration is free. Go to click on https://emma.maryland.gov/page.aspx/en/usr/login “Register” to begin the process, and then follow the prompts.

1.5 SCOPE OF WORK / DETAILED SPECIFICATIONS

1.5.1 At a minimum, the Contractor is expected to provide all necessary management, supervision, equipment, materials, labor, and equipment to rig, remove, replace, and install one (1) new nozzle with flange on the existing Hot Water Tank #2 located in the MCI-J Boiler Room.

1.5.2 The Contractor shall be responsible for the below repair services:

a) Rigging, removal, and installation phase: Rig and remove one (1) "failed" nozzle with flange from

Hot Water Tank #2, and furnish and install of one (1) new nozzle with flange on Hot Water Tank #2.

Installation shall be observed by an ASME authorized Inspector.

b) Re-insulation phase: Re-insulating all new sections of piping, ensuring satisfactory completion of work with no leaks and water flow, and conducting hydro testing as witnessed by an ASME authorized

Inspector. Finally, the contractor is responsible for restoring power by reconnecting the fuel source to activate the system and ensuring it operates satisfactorily to standard and code.

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c) American Society of Mechanical Engineers (ASME) Authorized Inspector: The Contractor will schedule and coordinate a time for the ASME authorized Inspector to observe installation and maintenance services.

d) Clean Up: Ensure the removal of all litter and debris in the work area at the end of each work day and upon completion of service. All tools, scaffolding equipment, and uninstalled materials shall be removed from the work area on a daily basis. The work area and surrounding premises must be kept in a clean and neat condition in adherence to the satisfaction of the Contract Monitor, or their designee, upon project completion.

1.5.3 Minimum Qualifications

The Contractor must possess a welding certification specifically for pressurized boilers and tanks, along with being certified with an R stamp. This certification is essential to guarantee the Contractor's capability to carry out repairs on pressurized vessels and boilers. Additionally, the Contractor shall be in compliance with nationally recognized standards including:

• National Fire Protection Association;

• National Electrical Code;

• National Electrical Safety Code (Nesc-Ansi C2),

• American National Standards Institute (Ansi); and

• Underwriters Laboratories Inc. (Ul)

• National Board of Boiler and Pressure Vessel

1.5.4 Work Schedule

All scheduled services are to be performed during State working hours, which are Monday to Friday from

7:00 am to 3:00 pm, with the exception of State holidays. Work shall not be performed before or after working hours, on weekends, or on State observed holidays, unless overtime is approved in advance and by writing by the Contract Monitor. The following State holidays are observed:

a) New Year’s Day h) Indigenous People’s Day

b) Dr. Martin Luther King, Jr.’s Birthday i) Election Day

c) President’s Day j) Veterans’ Day

d) Memorial Day k) Thanksgiving Day

e) Juneteenth l) Friday after Thanksgiving Day

f) Independence Day m) Christmas Day

g) Labor Day

An updated list of State holidays can be found at https://sos.maryland.gov/Pages/State-Holidays.aspx.

1.5.5 On-Site Security Requirements: Designated facilities under the Department of Public Safety and

Correctional Services have strict security guidelines, and non-compliance may lead to contract termination. All persons entering or leaving the facility, including workers and staff of the Contractor and

Subcontractor(s), are subject to security procedures.

a) For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1) Contractor Personnel may be subject to random security checks when entering and leaving

State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

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2) Some State sites, especially those premises of the Department of Public Safety and

Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

b) Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the

Department may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the Department.

c) Due to the Department's nature of service, unforeseen security problems may restrict access. The contractor will be reimbursed for a maximum of one (1) hour labor if access is denied without prior notification.

d) The following items and actions are prohibited while on-site the facility:

1) Possession or the use of alcohol, drugs, tobacco, weapons, or prohibited items is strictly forbidden;

2) Glass containers are not allowed on the job site;

3) Contact with incarcerated individuals is not allowed; and

4) Transmission of prohibited or contraband items, such as drugs paraphernalia, communication devices, and weapons, to incarcerated individuals is not allowed.

e) Contractor Personnel must request approval from the Contract Monitor, or designee, to use papers, cellphones, cameras, or tape.

f) Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through

9417 and such other security policies of the agency that control the facility to which the Contractor

Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

1.5.6 Employee Identification

a) Contractor Personnel shall display their company ID badge and State badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor

Personnel shall provide additional photo identification.

b) Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

c) All State badges or wrist bands are property of the State and any lost or stolen badges/wrist bands must be immediately reported to the Contract Monitor. Any replacement badges or wrist bands must be provided at the Contractor’s expense.

d) Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein.

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e) The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

1.5.7 Security Clearance / Criminal Background Check

a) The Contractor shall obtain from each individual assigned to work on the Contract a statement permitting a criminal background check. The Department will obtain a criminal background check for each individual using a source of its choosing. The Contract Monitor reserves the right to reject any individual based upon the results of the background check.

b) Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor

Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

1.5.8 Storage

The Contractor’s materials or equipment shall not be stored at any of the State’s facilities, or on State property, unless authorized by the Contractor Monitor. Employees should leave personal property outside the facility. Equipment, material, and supplies must be stored as designated by the Security Chief.

Inventory checks and compliance with security policies are mandatory. Vehicles may only be brought into the facility with approval and must be secured.

1.6 INVOICING AND PAYMENTS

1.6.1 This is a “firm fixed price contract” meaning a fixed price contract that provide a price that is not subject to adjustment because of variations in the contractor’s cost.

1.6.2 The Contractor shall email the original of each invoice to Accounts Payables at

DPSCS.AccountsPayable@maryland.gov. All invoices shall be verified by the Contractor as accurate at the time of submission.

1.6.3 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:

• Contractor name and address;

• Federal taxpayer identification number (or if a sole proprietorship, the individual’s social security number);

• Contract Monitor’s name;

• State assigned Blanket Purchase Order number or Purchase Order number.

• Remittance address;

• Invoice period;

• Invoice date;

• Invoice number

• Goods or services provided; and • Amount due.

1.6.4 Unless a payment is unauthorized, deferred, delayed or set-off under COMAR 21.02.07, payments to the

Contractor pursuant to this Contract shall be made no later than 30 days after the Department’s receipt of a Proper Invoice from the Contractor as defined in COMAR 21.06.09.

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1.6.5 Electronic funds transfer (EFT) shall be used by the State to pay Contractor pursuant to this Contract and any other State payments due to the Contractor unless the State Comptroller’s Office grants the Contractor an exemption. The Contractor shall register using the COT/GADX X-10 Vendor Electronic Funds

Registration Request Form. Any request for exemption must be submitted to the State Comptroller’s

Office for approval at the address specified on COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the business identification information as stated on the form, and must include the reason for the exemption.

1.6.6 The Contractor shall submit invoices no later than the 15th of the month following the month in which the services are performed.

1.6.7 The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or in the event that the Contractor otherwise materially breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract. Any action on the part of the Department, 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

21.10.02.

1.6.8 In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to be reduced or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer.

1.7 PRE-BID INSPECTION

A pre-bid inspection will be held at the date, time, and location indicated on the Key Information Summary Sheet.

Attendance at the pre-bid inspection is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their bids.

1.8 NO BID NOTICE

The Department is committed to providing solicitations that are readily and easily responded to. If you choose not to respond to this solicitation, please fill out the form provided in this solicitation and email it to the

Procurement Officer indicated in the key information sheet. We will review your responses and suggestions.

1.9 TERM OF CONTRACT

Term of contract is thirty (30) days of contract award.

Contract will remain in effect for the time period and quantity specified unless the contract is terminated by the

State as set forth in Section 2.15 through 2.17.

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK

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2 SECTION 2 – MANDATORY TERMS AND CONDITIONS

2.1 PURCHASE ORDER NUMBER

This purchase order number must be shown on all related invoices, delivery memoranda, bills, packages, and/or correspondence.

2.2 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and amendments thereto will be made a part of the final contract which will be in the form of a blanket purchase order (“BPO”) or purchase order (“PO”). By submitting a bid in response to this solicitation, the Bidder, if selected for award as the Contractor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO.

2.3 TAX EXEMPTION

The Department is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

2.4 SPECIFICATIONS

All materials, equipment, supplies or services shall conform to Federal and State laws and regulations and to the specifications contained in the solicitation.

2.5 DELIVERY AND ACCEPTANCE

2.5.1 Delivery shall be made in accordance with the solicitation specifications. The Department, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The Department unilaterally may order in writing the suspension, delay or interruption of performance hereunder.

2.5.2 The Department reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Unless otherwise stated in the specifications, materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced.

2.5.3 The Department reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

2.5.4 If the Contractor fails to make delivery in accordance with its quoted time frame, and the Department is required to obtain the needed goods or services on the open market, the Contractor shall be liable for any excess costs to the Department.

2.6 NON-HIRING OF EMPLOYEES

No employee of the State or any department, commission, agency or branch thereof whose duties as such employee include matters relating to or affecting the subject matter of this contract shall, while so employed, become or be an employee of the party or parties hereby contracting with the State or any unit thereof.

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2.7 NONDISCRIMINATION

The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

2.8 FINANCIAL DISCLOSURE

The Contractor shall comply with State Finance and Procurement Article, §13-221, Annotated Code of Maryland which requires that every business that enters into contracts, leases, or other agreements with the State of Maryland and receives in the aggregate $100,000 or more during a calendar year shall, within 30 days of time when the

$100,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business.

2.9 POLITICAL CONTRIBUTION DISTRIBUTION

The Contractor shall comply with the provisions of Article 33, Sections 30-1 through 30-4, Annotated Code of

Maryland which require that every person that enters into contracts, leases, or other agreements with the State of

Maryland or a political subdivision of the State, including its agencies, during a calendar year under which the person receives in aggregate $10,000 or more, shall on or before February 1 of the following year file with the

Secretary of State certain specified information to include disclosure of political contributions in excess of $100 to a candidate for elective office in any primary or general election.

2.10 ANTI-BRIBERY

The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United

States.

2.11 REGISTRATION

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and

Taxation, 301 West Preston St., Baltimore, Maryland 21021, before doing any interstate or foreign business in this State. Before doing any interstate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.

2.12 CONTINGENT FEES

The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide salesperson, or commercial selling agency, any fee or other consideration contingent on the making of this agreement.

2.13 EPA COMPLIANCE

Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.

2.14 OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)

All materials, supplies, equipment, or services supplied as a result of this contact shall comply with the applicable

U.S. and Maryland Occupational Safety and Health Act standards.

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2.15 TERMINATION FOR CONVENIENCE

The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the

Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR

21.07.01.12A(2).

2.16 TERMINATION FOR DEFAULT

If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

2.17 TERMINATION FOR NONAPPROPRIATION

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

2.18 DISPUTES

Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle

2, Part III, Annotated Code of Maryland, and by COMAR 21.10. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer

2.19 INTELLECTUAL PROPERTY

Contractor agrees to indemnify and save harmless the State, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this Contract.

2.20 MARYLAND LAW PREVAILS

The law of Maryland shall govern the interpretation and enforcement of this Contract.

2.21 CONTRACTOR’S INVOICES

All copies of invoices must be forwarded directly to Accounts Payables via the email specified in the solicitation.

The Contractor agrees to provide a Proper Invoice as defined by COMAR 21.06.09.01. At a minimum, the first page of all invoices billed to the State shall include, the Contractor’s Federal Employee Identification Number or the Social Security Number for individuals and sole proprietors; Purchase Order Number; Invoice date; Invoice number; Item or services description; Quantity delivered; Unit cost; and Amount due.

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Repairs of Hot Water Tank Unit 2 Flange R1 at MCI - J

Solicitation #BPM 043072

2.22 PRE-EXISTING REGULATIONS

The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this contract are applicable to this contract.

2.23 CHANGES

This Contract may be amended only with the written consent of both parties. Amendments may not significantly change the scope of the Contract (including the Contract price).

2.24 INDEMNIFICATION

The State shall not assume any obligation to indemnify, hold harmless, or pay attorney’s fees that may arise from or in any way be associated with the performance or operation of this agreement.

2.25 CONFLICTING TERMS

Any proposal for terms in addition or different from those set forth in this purchase order or any attempt by the

Contractor to vary any of the terms of this offer by Contractor’s acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price, or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor’s assent to any additional or different terms contained herein.

The Contractor understands and agrees that the terms and conditions of this purchase order may be waived.

2.26 DRUG AND ALCOHOL FREE WORKPLACE

The Contractor warrants that the Contractor shall comply with COMAR 21.11.08 Drug and Alcohol Free

Workplace, and that the Contractor shall remain in compliance throughout the term of this purchase order.

2.27 PROMPT PAYMENT OF SUBCONTRACTORS

This contract and all subcontracts issued under this contract at any tier are subject to the provisions of State

Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08. In §G(9)(a)—

(d) of this regulation, the terms “undisputed amount”, “prime contractor”, “contractor”, and “subcontractor” have the meanings stated in COMAR 21.10.08.01.

A contractor shall promptly pay its subcontractors an undisputed amount to which a subcontractor is entitled for work performed under this contract within 10 days after the contractor receives a progress payment or final payment for work under this contract.

If a contractor fails to make payment within the period prescribed in §G(9)(b) of this regulation, a subcontractor may request a remedy in accordance with COMAR 21.10.08.

A contractor shall include in its subcontracts at any tier for work under this contract, wording that incorporates the provisions, duties, and obligations of §G(9)(a)—(d) of this regulation, State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08.

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2.28 ITEMS OF MERCURY CONTENT

To the extent this solicitation is for products that may contain mercury, there is a price preference for products that are mercury free. The price preference shall not exceed 5 percent of the bid price for products that are mercury free or for products containing the least amount of mercury.

2.29 COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that:

2.29.1 It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

2.29.2 It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;

2.29.3 It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and

2.29.4 It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

2.29.5 The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

2.30 BID AFFIDAVIT

Each bidder shall execute and attach to the bid or proposal the affidavit included with this solicitation.

2.31 BLANKET PURCHASE ORDER (BPO)/ PURCHASE ORDER AS CONTRACT

2.31.1 As used in this provision, a bid refers to a bid submitted under Small Procurement Regulations

2.31.2 As used in this provision, a bidder refers to a bidder under Small Procurement Regulations.

2.31.3 As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the

Maryland Department of Public Safety & Correctional Services.

2.31.4 The bidder’s execution and submission of a responsive bid constitutes a promise by the bidder to perform the contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period of 30 days or for such longer period as the bidder and the Department may agree.

2.31.5 Upon acceptance of a bid, the Procurement Officer may issue a Purchase Order (PO) and/ or Blanket

Purchase Order (BPO), in a form to be determined by the Department which substantially contains the terms and conditions of the solicitation. The PO/BPO constitutes the State’s acceptance of the bid and binds the bidder to a contract. The execution and issuance of a PO and/ or BPO by the Procurement Officer, subject to all necessary approvals, shall constitute acceptance of the bid and final award of the contract.

The contract shall consist of the executed PO and/or BPO issued by the Procurement Officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the PO and/or BPO, the bid, or by operation of law, and the executed bid of the bidder. If the Procurement

Officer issues a PO and/ or BPO, at the option of the Procurement Officer it will not be necessary for the bidder to execute the PO and / or BPO or any other form of contract or agreement. The bidder understands and agrees that the terms and conditions of the BPO/PO may not be waived. The Procurement Officer

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2.31.6 In the event of a conflict between provisions of the contract documents, the controlling provisions shall be, in the following order, those of:

i. the PO and/ or BPO; then

ii. the solicitation; and then iii.

the bid.

2.32 RETURNED GOODS

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to actual unreimbursed costs incurred by the Contractor including, but not limited to, restocking charges, shipping charges, plus reasonable profit. Contractor must provide written proof of claimed compensation. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.

2.33 ADDITIONAL QUANTITIES

The State reserves the right to solicit separate bids if a particular quantity requirement arises which exceeds the

State’s normal requirements as provided in the solicitation or exceeds an amount specified in this contract.

2.34 New Materials

All items shipped pursuant to this Purchase Order shall be new, never previously used, and the current model of the item unless specifically stated otherwise in this contract.

2.35 Assignment

This Purchase Order and the monies which may become due hereunder are not assignable except with the prior written approval of the Procurement Officer.

2.36 COMMERCIAL NONDISCRIMINATION POLICY

2.36.1 As a condition of entering into this Purchase Order, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under State Finance and Procurement

Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall

Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Purchase Order and may result in termination of this Purchase Order, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is no enforceable by or for the benefit of, and creates no obligation to, any third party.

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2.36.2 The Contractor shall include this Section 2.30, Commercial Nondiscrimination Policy, in all subcontracts to the State contract.

2.36.3 As a condition of entering into this Purchase Order, upon the request of the Maryland Commission on

Human Relation, an only after the filing of a complaint against Contractor under State Finance and

Procurement Article, Title 19, Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contract on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State’s Commercial Nondiscrimination Policy as set forth under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Purchase Order and may result in contract termination, disqualification by the

State from participating in State contracts, and other sanctions.

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK

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ATTACHMENT A – BID SHEET

CONTRACTOR’S NAME:

CONTRACTOR’S FEDERAL ID NO.:

CONTRACTOR’S ADDRESS:

CONTACT PERSON’S NAME:

CONTRACTOR’S TELEPHONE NO.:

CONTRACTOR’S EMAIL ADDRESS:

CONTRACTOR’S MBE/ SBR NO.:

CONTRACTOR WILL SUPPLY ALL LABOR, MATERIALS, AND EQUIPMENT NECESSARY TO REPAIR

HOT WATER TANK #2 ACCORDING TO THE SPECIFICATIONS PROVIDED IN THE SCOPE OF WORK

SECTION II AND THE STANDARD SPECIFICATIONS.

This form is to be completed in its entirety without alterations, exceptions or additions.

Representing the above Company

SIGNATURE*

Print Name & Title Date

*The person signing this Bid Sheet must be an Officer of the Company, authorized to contract on behalf of the Company or another authorized person whose proof of authority is hereby attached. (Please attach a notarized copy of said authorization to this Bid Proposal, i.e.; Corporate Resolution)

THE MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTINAL SERVICES RESERVES

THE RIGHT TO REJECT ANY AND ALL BIDS IN WHOLE OR IN PART.

ATTACHMENT B – BID/PROPOSAL AFFIDAVIT

A. AUTHORITY

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I hereby affirm that I, __________________________________________, (Name of Affiant) am the

_______________________________________________________ (Title) and duly authorized representative of

______________________________________________ (Name of Business Entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19-103 of the State

Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners.

“Discrimination” also includes retaliating against any person or other entity for reporting any incident of

“discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal.

As part of its Bid/proposal, the Bidder/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of

Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken.

Bidder/Offeror agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority

Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Bid/proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority bid/proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the

Bid/proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the Bid/proposal.

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Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the

Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal.

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS

ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, Annotated Code of Maryland, which provides that a person may not:

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;

(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bid/proposal preference or a procurement contract;

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by

COMAR 21.11.13; or

(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of § B-2(1) -(5) of this regulation.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER

AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section

16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of

Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

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D. AFFIRMATION REGARDING OTHER CONVICTIONS I FURTHER

AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of…