IFB #2025-04 - Lottery Play Station Kiosks to DGS amended JL 11.07.2025.docx

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LOTTERY PLAY STATION KIOSKS
Solicitation number
BPM054102
Issued by
Maryland

About this file

This is an Invitation for Bids (IFB #2025-04) issued by the Maryland Lottery and Gaming Control Agency (MLGCA) for the procurement of lottery play station kiosks. The solicitation seeks to procure stand-alone lottery play center kiosks to replace older equipment at approximately 4,300 licensed lottery retailers across Maryland. The kiosks must meet specific design specifications including an all-in-one curved hourglass unit in PMS 485 red, measuring approximately 16-18 inches wide by 15-17 inches deep by 54-56 inches high, with integrated features such as a Maryland Lottery logo topper, custom printed point-of-sale holder, writing surface with pencil well and clipboard, tiered literature holders for brochures and play slips, and secure storage space with a black door and interior shelf. Total orders over the contract term will range from a minimum of 150 units to a maximum of 600 units, with MLGCA authorized to order up to 75 units per calendar quarter with a minimum of 40 units per order. There is no pre-bid conference scheduled for this solicitation. Questions are due by November 24, 2025, at 10:00 a.m. local time, with bids due by December 12, 2025, at 10:00 a.m. local time. The public bid opening will occur on December 12, 2025, at 12:00 p.m. at 1800 Washington Boulevard, Montgomery Park Building, Suite 330, Room 3509B, Baltimore, Maryland 21230. The contract term is eighteen (18) months with no option periods.

The award will be made on a firm fixed-price basis to the responsible bidder submitting the lowest responsive bid price. Bidders must demonstrate a minimum of two years of experience providing lottery industry playcenter type devices or lottery retailer products and provide documentation of two completed projects involving similar equipment. There are no MBE or VSBE subcontracting goals associated with this solicitation. Bidders must maintain commercial general liability insurance of $1,000,000 combined single limit per occurrence and $3,000,000 annual aggregate, as well as workers' compensation insurance of $1,000,000 per occurrence. The contractor must submit invoices with a Deliverable Product Acceptance Form upon completion and acceptance of deliverables, with final product delivery required within fifteen (15) business days after receiving an order from the Contract Manager. The contract contains no federal funding. Bidders must be registered with eMarylandMarketplace Advantage (eMMA) and submit bids electronically through that system. Bidders are required to submit multiple supporting documents including a Bid/Proposal Affidavit, Bidder Information Sheet, Conflict of Interest Affidavit, Reference Checks from customers within the past three years, and financial statements demonstrating fiscal integrity, preferably independently audited profit and loss and balance sheet statements for the past two years.

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Lottery Play Station Kiosks Solicitation #: 2025-04 IFB Document

STATE OF MARYLAND

MARYLAND LOTTERY AND GAMING CONTROL AGENCY

(MLGCA)

INVITATION FOR BIDS (IFB)

LOTTERY PLAY STATION KIOSKS

IFB NUMBER 2025-04

ISSUE DATE: NOVEMBER 14TH, 2025

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

KEY INFORMATION SUMMARY SHEET

Invitation for Bids
Commodities – Lottery Play Station Kiosks
Solicitation Number:
2025-04
IFB Issue Date:
November 13th, 2025
IFB Issuing Office:
Maryland Lottery and Gaming Control Agency (“MLGCA”)
Procurement Officer:
John Lloyd

1800 Washington Blvd, Montgomery Park Building Suite 330, Baltimore, MD 21230

Email:

Phone Number:

John.Lloyd@maryland.gov 410-230-8886

Bids are to be sent to:
Submit on emma.maryland.gov under Solicitation Number BPM051279

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form
If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.
Pre-Bid Conference:
There is no Pre-Bid conference for this solicitation
Scheduled Site Visit
N/A
Questions Due Date and Time:
11/24/2025 10:00 a.m. Local Time
Bid Due (Closing) Date and Time:
12/12/2025 10:00 a.m. Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

Public Bid Opening Date, Time, and Location
12/12/2025 12:00 p.m.

1800 Washington Blvd, Montgomery Park Building Suite 330, Room 3509B Baltimore, MD 21230

MBE Subcontracting Goal:
N/A
VSBE Subcontracting Goal:
N/A
Procurement Method:
A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.
Multiple or Alternate Bids:
Multiple or alternate Bids will not be accepted.
Contract Type:
Firm Fixed Price
Contract Duration:
Eighteen (18) months.
Primary Place of Performance:
1800 Washington Blvd, Montgomery Park Building

Suite 330, Baltimore, MD 21230

SBR Designation:
No
Federal Funding:
No

Table of Contents - IFB

1Minimum Qualifications6
1.1Bidder Minimum Qualifications6
2Contractor Requirements: Scope of Work7
2.1Summary Statement7
2.2Background and Purpose7
2.2.1Project Goals7
2.2.2State Staff and Roles7
2.3Contractor Responsibilities and Tasks7
3Standard Terms and Conditions10
3.1Contract Initiation Requirements10
3.2End of Contract Transition10
3.3Invoicing10
3.3.1Invoice Submission Schedule11
3.3.2Deliverable Invoicing11
3.3.3Travel Reimbursement11
3.4Liquidated Damages11
3.4.1MBE Liquidated Damages11
3.4.2Liquidated Damages other than MBE11
3.4.3Problem Escalation Procedure11
3.5Work Orders12
3.6Payments by Electronic Funds Transfer12
3.7Prompt Payment Policy12
3.8Federal Funding Acknowledgement12
3.9Conflict of Interest Affidavit and Disclosure13
3.10Non-Disclosure Agreement13
3.10.1Non-Disclosure Agreement (Bidder/Offeror)13
3.10.2Non-Disclosure Agreement (Contractor)13
3.11Maryland Healthy Working Families Act Requirements13
3.12The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)13
3.13Insurance Requirements13
4Bid Submission Information and Instructions15
4.1eMaryland Marketplace Advantage (eMMA)15
4.2Electronic Means15
4.3Pre-Bid Conference15
4.4Questions15
4.5Bid Due (Closing) Date and Time16
4.6Receipt, Opening and Recording of Bids16
4.7Duration of Bids16
4.8Revisions to the IFB16
4.9Cancellations17
4.10Incurred Expenses17
4.11Protest/Disputes17
4.12Bidder Responsibilities17
4.13Acceptance of Terms and Conditions18
4.14Compliance with Laws/Arrearages18
4.15Verification of Registration and Tax Payment18
4.16False Statements18
4.17Confidentiality of Bids / Public Information Act Notice19
4.18Use of Bidder’s Form Not Binding on State19
4.19Attachments and Documents Required with the Bid (Table A)19
4.20Bid Delivery Instructions21
4.21Bid Evaluation Criteria and Award Basis22
4.22Tie Bids22
4.23Reciprocal Preference22
4.24Documents Required upon Notice of Recommendation for Contract Award (Table B)22
5IFB Appendices and Exhibits24
5.1Appendices (Table C)24
5.2Exhibits (Table D)25

Minimum Qualifications Bidder Minimum Qualifications The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. Offeror shall have at least two (2) years of experience providing lottery industry playcenter type devices or lottery retailer products.

B. Offeror shall provide information and documentation of two (2) projects in which it provided lottery industry playcenter type devices or lottery retailer products.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Contractor Requirements: Scope of Work Summary Statement This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): lottery play station kiosks.

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

This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

Background and Purpose MLGCA is a state Agency that operates the Maryland State Lottery. MLGCA provides approximately 4,300 licensed lottery retailers across the state with a variety of equipment for the sale of lottery products. MLGCA provides to retailers stand-alone lottery play station kiosks (“Kiosks”) where players can fill out lottery play slips and play scratch-off instant tickets.

This procurement will allow MLGCA to purchase new Kiosks to replace older ones. The new Kiosks that are purchased under this procurement will be installed by the MLGCA.

Project Goals – Description Purchase Kiosks that fit the specifications described in Section 2.3(G).

State Staff and Roles The sole point-of-contact in the State for the purposes of this IFB prior to award of the Contract is the Procurement Officer listed below: Comment by Olusegun Daniel -DGS-: IFB John P Lloyd, Procurement Officer Maryland Lottery and Gaming Control Agency Montgomery Park Business Center 1800 Washington Boulevard, Suite 330 Baltimore, MD 21230 Telephone: (410) 230-8886 Fax: (410) 230-8727 John.Lloyd@maryland.gov The Contract manager is listed below:

Michael LaVardera, Sales Support Manager Maryland Lottery and Gaming Control Agency Montgomery Park Business Center 1800 Washington Boulevard, Suite 330 Baltimore, MD 21230 Telephone: (410) 230-8907 Michael.Lavardera@maryland.gov Contractor Responsibilities and Tasks A. Payment Information – See Section 3.3

B. Work Orders – See Section 3.5

C. Insurance Requirement – See Section 3.13

D. Design and produce (with MLGCA approval) or procure required molds.

E. Provide schedule for the manufacturing and delivery of required molds.

F. Create Kiosks to the following specifications:

Item:Stand-alone Lottery Play Center Kiosks
Quantity:Total orders over the term on the contract will not be less than 150 units and not more than 600.
Size:Approximate overall size is 16 - 18 inches wide by approximately 15 - 17 inches deep by 54 - 56 inches high. All-in-one curved hourglass unit in PMS 485 Red.
Top of Kiosk:Maryland Lottery Logo Play Station Topper (Permanent Printed Header) approximately 4 – 4.5 inches high by 17 -17.5 inches wide that will attach to back of playcenter using preferably 3M Dual lock or something similar to enable changeable applications.
POS Holder:Custom printed Point of Sale Holder with clear plastic mount and an opening section on each side to insert printed Point of Sale, approximately 17 - 17.5 inches wide by 4 – 4.5 inches high.
Writing Surface:Constructed of a linear low-density molded polyethylene material (38 inches from the floor high, 10 -12 inches deep by 16 - 18 inches wide with a black scratch resistant writing surface (highly abrasive resistant) with a counter sunk pencil well/holder approximately 2” by 2” and a 6” by 9” clipboard connected to the side of the unit that meets Americans with Disabilities Act requirements.
Literature Holder:On the writing surface; 12 injection-molded black pocket literature holders (3 rows deep and 4 across) for brochures and play slips. Overall size, approximately 16 -16.5 inches wide by 11.5 – 12 inches high by 4 – 4.25 inches deep. Each row should be a tiered pocket design to enable each brochure/play slip to be seen. The Agency prefers that the front row have clear tongue holders to prevent curling of play slips.
Storage Space:A storage space for supplies is required.

· Black door on the front of the unit attached by metal hinges. The door should mirror the curve of unit.

· Contractor will print and apply a Lottery Logo decal with the wording “PLAY HERE” to the door.

· Black shelf on the interior is required, approximately 10.5 - 11.25 inches wide by 10.5”– 11” inches deep and 16.5 – 17 inches high. The shelf shall support a minimum 10-15 lbs.

· The door should have a keyless locking mechanism.

Kiosk Colors:Kiosk – Red.
Literature holder – Black.
Pencil holder – Black.
Door – Black.
Shelf – Black.
Logo Colors:See sample.
· Starburst –PMS 485 Red
MS 116 Yellow
black outline inside yellow circle

8 inches x 8 inches point-to-point (when measured on the diagonal)

· Circle – 3.50 inches in diameter

· L – 1.50 inches Packing: All cartons to be marked as to contents, quantity, and purchase order number.

G. Delivery of Kiosks:

1. MLGCA may order up to 75 units per calendar quarter with a minimum of 40 units per order, with a maximum of 600 units for duration of contract.

2. Each Kiosk is to be packed in an individual carton and labeled.

3. Final Product must be delivered within fifteen (15) business days after Contractor receives order from the Contract Manager.

Supplemental Category of Work Requirements and Responsibilities See the attached Commodity Supplemental associated with this solicitation.

Standard Terms and Conditions Contract Initiation Requirements Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance. (An award value over $200,000 will require the approvals of the Maryland Lottery and Gaming Control Commission and the Board of Public Works) End of Contract Transition Not Applicable.

Invoicing Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and K. Any additional documentation required by regulation or the Contract.

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

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

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

A. For items of work for which there is one-time pricing (see Attachment B –The Price Form), those items shall be billed in the month following the acceptance of the work by the State.

B. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 3.3 of the IFB.

Deliverable Invoicing Deliverable invoices shall be accompanied by a Deliverable Product Acceptance Form (DPAF) signed notice(s) of acceptance issued by the State for all invoices submitted for payment. Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at:

https://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf.)

E-mail each original invoice and signed authorization related to the invoice to the Contract Monitor at: michael.lavardera@maryland.gov and the MLGCA’s Accounts Payable Department at ap.mlgcap@maryland.gov.

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

Travel Reimbursement Travel will not be reimbursed under this IFB.

Liquidated Damages MBE Liquidated Damages Inapplicable because there is no MBE goal for this IFB.

Liquidated Damages other than MBE This section is inapplicable to this IFB.

Problem Escalation Procedure No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year.

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

Work Orders A. A Work Order may be issued for the fixed price for the quantity specified.

B. Work Order Requests that are within the scope of this IFB will be issued to the Contractor via the Procurement Officer or his representatives. The Work Order Request will include:

1) Quantity of items;

2) Due date and time;

C. The Contractor shall e-mail a response to the Contract Monitor within the specified time and include at a minimum:

1. A response that details the Contractor’s understanding of the work;

2. A price to complete the Work Order Request using the format provided.

3. Acknowledgement of delivery date Payments by Electronic Funds Transfer By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

https://www.marylandcomptroller.gov/content/dam/mdcomp/md/state-accounting/forms/GADX10Form.pdf Prompt Payment Policy This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at: http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

Federal Funding Acknowledgement This Contract does not contain federal funds.

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

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

Non-Disclosure Agreement Non-Disclosure Agreement (Bidder/Offeror) A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

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

Maryland Healthy Working Families Act Requirements On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs) Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

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

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

1. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

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

The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

Subcontractor Insurance.

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

Bid Submission Information and Instructions eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (Conference)summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

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

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

A. Submission of Bond documents determined by the State to require original signatures; or B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

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

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

Pre-Bid Conference If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

Questions All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

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

Bid Due (Closing) Date and Time Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR 21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

Receipt, Opening and Recording of Bids Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

Bids shall be opened publicly at the time, date and place designated in the Key Information Summary Sheet.

The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

Duration of Bids Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

Revisions to the IFB All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

Cancellations This IFB may be cancelled as provided in COMAR 21.06.02.02 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with COMAR 21.01.03.01.A(4).

If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

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

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

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

If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g., insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

Acceptance of Terms and Conditions By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, see link at Exhibit 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

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

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

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

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

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

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

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 factor; or C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under this section.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

Confidentiality of Bids / Public Information Act Notice The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case, before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure. Nondisclosure is permissible only if approved by the Office of the Attorney General.

Use of Bidder’s Form Not Binding on State The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as bid submission.

Attachments and Documents Required with the Bid (Table A) A Bidder shall include the following Attachments with its Bid as a single Bid Package:

Attachments A through E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments F through R = Bid may be rejected if the required Attachment is not submitted or is incomplete.

TABLE A - Attachments and Documents Required with the Bid

Attachment
Attachment Name
A
Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf

B
The Price Form (as specified within eMMA)

Do not alter this Price Form or the Bid may be determined to be not responsive. The Price Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

(See Appendix 2 for specific Price Form Instructions.)

C
Not Applicable
D
Not Applicable
E
Not Applicable
F
Bidder Information Sheet

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf

G
Maryland Living Wage Requirements Affidavit of Agreement

(for Services and Facilities Maintenance Contracts - See Appendix 6 for Details) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-G.-Maryland-Living-Wage-Requirements-Affidavit-of-Agreement.pdf

H
Not Applicable
I
Conflict of Interest Affidavit and Disclosure

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf

J
Not Applicable
K
Not Applicable
L
Reference Checks

(Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past three years) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

M
List of Current or Prior State Contracts

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf

N
Legal Action Summary

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-N.-Legal-Action-Summary.pdf

O
Payment of Employee Healthcare Expenses Certification

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-O.-Payment-of-Employee-Healthcare-Expenses-Certification.pdf

P
Not Applicable
Q
Not Applicable
R
Not Applicable

Additional Required Documents with the Bid

Financial Capability. The Bidder must include in its Bid a commonly-accepted method to prove its fiscal integrity.

If available, the Bidder shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred).

In addition, the Bidder may supplement its response to this Section by including one or more of the following with its response:

· Dun & Bradstreet Number and Rating;

· Standard and Poor’s Rating;

· Lines of credit;

· Evidence of a successful financial track record; and

· Evidence of adequate working capital.

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in IFB Section 1. If references are required in IFB Section 1, those references shall be included in Attachment L. Reference Checks.

Acknowledgement of all addenda to this IFB.

Bid Delivery Instructions Each Bidder shall submit its Bid Package as specified below.

Bids shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

Bidders shall provide their Bids in one submission through eMMA following the Quick Reference Guides (QRG) labeled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

Bid Evaluation Criteria and Award Basis The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.02.13. All Bids will be ranked from the lowest (most favorable) to the highest (least favorable) price based on the Total Bid Price as submitted in its Bid.

A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable Bid Price or most favorable evaluated Bid Price for providing the goods and services as specified in this IFB.

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

Reciprocal Preference Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

A. The Maryland resident business is a responsible Bidder;

B. The lowest responsive Bid is from a responsible Bidder whose principal office, or principal base of operations is in another state;

C. The other state gives a preference to its resident businesses through law, policy, or practice; and D. The preference does not conflict with a federal law or grant affecting the procurement Contract.

The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

Documents Required upon Notice of Recommendation for Contract Award (Table B) Upon receipt of a notification of recommendation for contract award, along with submitting the signed Contract (see Exhibit 2 - Sample Contract), the following documents shall be completed and submitted by the recommended awardee within ten (10) business days, unless otherwise directed by the Procurement Officer.

Click the link to download each required Attachment in the Table B below:

TABLE B - Documents Required upon Notice of Recommendation for Contract Award

Attachment
Attachment Name
D
N/A
E
N/A
S
N/A
T
N/A
U
Contract Affidavit

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-U.-Contract-Affidavit.pdf

V
N/A
W
N/A
X
N/A
Y
N/A

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB Appendices and Exhibits The Appendices and Exhibits listed below in Tables C and D are reference documents as needed to assist the bidders in preparing their bids in response to this solicitation. If a specific Appendix or Exhibit is not required for this solicitation, it is listed in the tables as “Not applicable” or “N/A”.

Appendices (Table C)

TABLE C - APPENDICES

Appendix #
Appendix Name
1
N/A
2
Price Form Instructions

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Appendix-2.-Price-Form-Instructions.dotx

3
N/A
4
N/A
5
N/A
6
Living Wage Requirements

https://www.labor.maryland.gov/labor/prev/livingoverview.shtml

7
N/A

Exhibits (Table D)

TABLE D - Exhibits

Exhibit #
Exhibit Name
1
N/A
2
Sample Contract

https://procurement.maryland.gov/wp-content/uploads/sites/12/2025/05/Sample-Short-form-Contract-for-Small-Procurements-fillable.pdf

3
Deliverable Product Acceptance Form (DPAF)

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Exhibit-3.-Deliverable-Product-Acceptance-Form-DPAF.docx

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