IFB 2168 ELBOW 05052024 311pm.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION (MDOT)

MARYLAND TRANSIT ADMINISTRATION (MTA)

INVITATION FOR BIDS (IFB)

ELBOW

IFB NUMBER 2168

ISSUE DATE: MAY 5, 2024

EMMA – BPM044123

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

NO BID NOTICE/VENDOR FEEDBACK FORM

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

Elbow Solicitation #: IFB 2168 IFB Document

IFB for Maryland Transit Administration Page ii of 41

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

� Other commitments preclude our participation at this time � The subject of the solicitation is not something we ordinarily provide � We are inexperienced in the work/commodities required � Specifications are unclear, too restrictive, etc. (Explain in REMARKS section) � The scope of work is beyond our present capacity � Doing business with the State is simply too complicated. (Explain in REMARKS section) � We cannot be competitive (Explain in REMARKS section) � Time allotted for completion of the Bid is insufficient � Start-up time is insufficient � Bonding/Insurance requirements are restrictive (Explain in REMARKS section) � Bid requirements (other than specifications) are unreasonable or too risky (Explain in

REMARKS section) � MBE or VSBE requirements (Explain in REMARKS section) � Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section) � Payment schedule too slow � Other: _____________________________________________________________________

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

REMARKS:

Vendor Name: ____________________________________________ Date: _______________________

Contact Person: ____________________________________ Phone: (____) _____ - _________________

Address: _____________________________________________________________________________

E-mail Address: _______________________________________________________________________

If you have chosen not to submit a bid on this procurement, please e-mail this completed form to:

Brenda J. Hayes , Bhayes1@mdot.maryland.gov, 410-454-7885

Thank You

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MTA)

mailto:Bhayes1@mdot.maryland.gov

IFB for Maryland Transit Administration Page iii of 41

KEY INFORMATION SUMMARY SHEET

Invitation for Bids One-Time Purchase for Inventory – Bus Inventory Repair Parts

EMMA - BPM043319

Solicitation Number: IFB 2161

IFB Issue Date: April 16, 2023

IFB Issuing Office: Maryland Transit Administration (MTA or the "Department") Procurement Officer: Brenda J. Hayes

1331 S. Monroe Street, Baltimore, MD 21230 E-Mail:

Office Phone:

Bhayes1@mdot.maryland.gov 410-454-7885

Contract Monitor:

E-Mail:

Office Phone:

Kenneth Haynie Manager of Materials Management 1331 S. Monroe Street, Baltimore, MD 21230 khaynie@mdot.maryland.gov 410-454-7895

Bids are to be sent to: MTA Office of Procurement, Purchasing Division 1331 S. Monroe Street, 2nd Floor Baltimore, MD 21230 Attention: Brenda J. Hayes Ref: IFB 2168

Pre-Bid Conference: Not required for this IFB.

Questions Due Date and Time: May 16, 2024 @2:00PM

Bid Due (Closing) Date and Time:

Tuesday May 28, 2024 2:00pm Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page ii).

Public Bid Opening Date, Time and Conference Call-in Information:

Wednesday, May 29, 2024 11:00am Local Time Phone Number: + +1 443-409-5228.

Conference ID:: # 23499076#

MBE Subcontracting Goal: 0% VSBE Subcontracting Goal: 0% Contract Type: Firm Fixed Price Contract Duration: One-Time Purchase Primary Place of Performance:

1331 South Monroe Street Baltimore, MD 21215

SBR Designation: No

Federal Funding: No

IFB for Maryland Transit Administration Page iv of 41

TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

3.13 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

4.11 Duration of Bids

IFB for Maryland Transit Administration Page v of 41

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds

4.39 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

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5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Bidder Information Sheet

Appendix 3. – MDOT MTA Mandatory Terms and Conditions

Appendix 4. – Officer of the Company – Signature Guidelines for Official Documents

IFB for Maryland Transit Administration Page 1 of 41

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

There are no Bidder Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for Maryland Transit Administration Page 2 of 41

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Transit Administration (MTA or the "Department") is issuing this Invitation for Bids

(IFB) 2168 Elbow in order to procure the good and/or services defined in this Section 2, as specified in this IFB, from a Purchase Order between the successful bidder(s) and the Maryland Transit Administration: One-time purchase for inventory parts.

2.1.2 It is the State’s intention to obtain goods and/or services, as specified in this IFB-2168 Elbow, from a Purchase Order between the selected Bidder and the State.

2.1.3 The Department intends to obtain goods and or services from a Contract between the selected Bidder(s) and the State for the work under this IFB. See IFB Section 4.9 Award Basis for more award information.

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

2.2 Background and Purpose

The essential mission of MDOT MTA’s Materials Management Parts Inventory Department is to keep all existing systems operating and in good working condition. MDOT MTA is soliciting qualified vendors to provide high quality parts in accordance with that mission.

2.3 Responsibilities and Tasks

Contractor will be required to provide the equipment, parts, and/or goods described on Attachment B-1.

See Attachment B-1 Bid Form for reference.

IFB for Maryland Transit Administration Page 3 of 41

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.2 End of Contract Transition

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.3 Invoicing

3.3.1 General

a) Contractor shall e-mail the original of each invoice and signed authorization to invoice to MTA Accounts Payable at email address MTAAccountsPayable@mta.maryland.gov.

b) The price invoiced by the contractor shall be the contracted price existing at the time the order was submitted by the State. It shall not be any other price (e.g., the price at the time of delivery if delivery occurred concurrent with or subsequent to a price increase).

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Goods or services provided;

10) Amount due; and

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

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

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

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

mailto:MTAAccountsPayable@mta.maryland.gov

IFB for Maryland Transit Administration Page 4 of 41

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

3.3.2 Invoice Submission Schedule

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-1 –Bid Form) those items shall be billed in the month following the acceptance of the work by the Department.

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

a) The amount invoiced is inconsistent with the Contract;

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

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

d) The item or services have not been accepted;

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

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

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

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

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

3.4 Liquidated Damages

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.5 Disaster Recovery and Data

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Insurance Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.7 Security Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.8 Problem Escalation Procedure

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.9 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

IFB for Maryland Transit Administration Page 5 of 41

3.10 Minority Business Enterprise (MBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.11 Veteran Small Business Enterprise (VSBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.12 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.13 Additional Clauses

3.13.1 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.”

Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

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

IFB for Maryland Transit Administration Page 6 of 41

4 Procurement Instructions

4.1 Pre-Bid Conference

THIS SECTION IS INAPPLICABLE TO THIS IFB.

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 eMMA is the electronic commerce system for the State of Maryland. The IFB, Conference summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

4.2.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.3 Questions

4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title IFB 2168 Elbow, and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid due date. 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.

4.3.2 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.

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

4.4 Procurement Method

A Purchase Order will be awarded in accordance with the Competitive Sealed Bidding method under

COMAR 21.05.02.

4.5 Bid Due (Closing) Date and Time

4.5.1 Bids, in the number and form set forth in Section 5 Bid Format, must be received by the

Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.5.2 Requests for extension of this date or time shall be granted at the Procurement Officer’s discretion.

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.5.4 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.

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

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

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

IFB for Maryland Transit Administration Page 7 of 41

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids

4.7.1 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.

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

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

4.8 Confidentiality of Bids / Public Information Act Notice

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

4.8.2 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 Purchase Order award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

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

4.9 Award Basis

4.9.1 A Purchase Order shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR 21.05.02.13) for providing the goods and services as specified in this IFB. Regarding Goods Only solicitations, Bidders are not required to bid on all line items. Awards shall be made on a line-item by line-item basis. See IFB Section 6 for Bid evaluation and award information.

4.9.2 Award of this Purchase Order will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Purchase Order and/or documentation required by the Procurement Officer; and (2) the Purchase Order is signed by the Department following any required approvals of the Purchase Order, including approval by the Board of Public Works, if such approval is required.

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

IFB for Maryland Transit Administration Page 8 of 41

4.11 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.

4.12 Revisions to the IFB

4.12.1 If the IFB is revised before the due date for Bids, the Department shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

4.12.3 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.

4.13 Cancellations

4.13.1 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.

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

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

4.14 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.

4.15 Protest/Disputes

Any protest or dispute related to this solicitation or the Purchase Order award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.16 Bidder Responsibilities

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

4.16.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this IFB (see Section 4.26 “MBE Participation Goal” and Section 4.27 “VSBE Goal”).

IFB for Maryland Transit Administration Page 9 of 41

4.16.3 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.

4.16.4 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.

4.17 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Purchase Order Terms and Conditions (attached hereto as Appendix 3). Any exceptions to this IFB or the Purchase Order Terms and Conditions must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Purchase Order Terms and Conditions made by the Bidder may result in Bid rejection.

4.18 Bid/Proposal Affidavit

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

4.19 Contract Affidavit

THIS SECTION IS INAPPLICABLE TO THIS IFB.

4.20 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 Purchase Order.

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 Purchase Order if selected for Contract award.

4.21 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201.

For registration information, visit https://www.egov.maryland.gov/businessexpress.

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

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4.22 False Statements

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

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

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

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

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

4.22.2 A person may not aid or conspire with another person to commit an act under Section 4.22.1.

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

4.23 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

4.23.1 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.

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

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA DX10Form20150615.pdf.

4.24 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.

Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

4.25 Electronic Procurements Authorized

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

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

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Contract. In the case of electronic transactions authorized by this IFB, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures.

4.25.3 “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.

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

COMAR 21.03.05:

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

a) The IFB;

b) Any amendments;

c) Pre-Bid conference documents;

d) Questions and responses;

e) Communications regarding the solicitation or Bid to any Bidder or potential Bidder;

f) Notices of award selection or non-selection; and

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

The Bidder or potential Bidder may use eMMA or e-mail to:

a) Ask questions regarding the solicitation;

b) Reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer’s request or direction to reply by e-mail or through eMMA, but only on the terms specifically approved and directed by the Procurement Officer and;

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

The Procurement Officer, the Contract Monitor, and Contractor may conduct day-to-day Contract administration, except as outlined in Section 4.25.5 of this subsection, utilizing e-mail, or other electronic means if authorized by the Procurement Officer or Contract Monitor.

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

a) Submission of initial Bids;

b) Filing of bid protests;

c) Filing of Contract claims;

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

e) Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from Contractor or Bidder be provided in writing or hard copy.

https://procurement.maryland.gov/

IFB for Maryland Transit Administration Page 12 of 41

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

4.26 MBE Participation Goal

There is no MBE subcontractor participation goal for this procurement.

4.27 VSBE Participation Goal

There is no VSBE participation goal for this procurement.

4.28 Living Wage Requirements

There is no Living Wage requirement for this procurement.

4.29 Federal Funding Acknowledgement

This Contract does not contain federal funds.

4.30 Conflict of Interest Affidavit and Disclosure

4.30.1 The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment

H) and submit it with its Bid.

4.30.2 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.

4.30.3 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.

4.30.4 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.”

4.31 Non-Disclosure Agreement

This Contract does not contain a Non-Disclosure Agreement.

4.32 HIPAA - Business Associate Agreement

A HIPAA Business Associate Agreement is not required for this procurement.

4.33 Nonvisual Access

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

IFB for Maryland Transit Administration Page 13 of 41

4.34 Mercury and Products That Contain Mercury

This solicitation does not include the procurement of products known to likely include mercury as a component.

4.35 Location of the Performance of Services Disclosure

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

4.36 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

4.37 Small Business Reserve (SBR) Procurement

This solicitation is not designated as a Small Business Reserve (SBR) Procurement.

4.38 Bonds

THIS SECTION IS INAPPLICABLE TO THIS IFB.

4.39 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All offerors should be aware of how this Act could affect your potential Purchase Order award with the State of Maryland. See the Department of Labor, Licensing and Regulations web site for Maryland Healthy Working Families Act Information: http://dllr.maryland.gov/paidleave/.

http://dllr.maryland.gov/paidleave/

IFB for Maryland Transit Administration Page 14 of 41

5 Bid Format

5.1 One Part Submission

Each Bidder shall submit its Bid with all Required Bid Submissions (see IFB Section 5.4) in a single sealed package.

5.2 Labeling

Each Bidder is required to label the outside of the sealed Bid with the IFB title and number, name and address of the Bidder, and closing date and time for receipt of the Bids.

5.3 Bid Price Form

The Bid shall contain all price information in the format specified on the Bid Form. The Bidder shall complete the Bid Form only as provided in the Bid Pricing Instructions and the Bid Form. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Department.

5.4 Required Bid Submission

A Bidder shall include the following with its Bid:

5.4.1 Transmittal Letter

A Transmittal Letter shall accompany the Bid. The purpose of this letter is to transmit the Bid, acknowledge the receipt of any addenda, and acknowledge the acceptance of all State IFB and Contract terms and conditions (see Section 4.17 and Appendix 3). The Transmittal Letter should be brief and signed by an individual who is authorized to commit the Bidder to the goods/services and requirements as stated in this IFB. The Transmittal Letter should include the following:

a) Name and address of the Bidder;

b) Name, title, e-mail address, and telephone number of primary contact for the Bidder;

c) Solicitation Title and Solicitation Number that the Bid is in response to;

d) Signature, typed name, and title of an individual authorized to commit the Bidder to its Bid;

e) Federal Employer Identification Number (FEIN) of the Bidder, or if a single individual, that individual’s Social Security Number (SSN);

f) Bidder’s eMMA number;

g) Bidder’s MBE certification number (if applicable);

h) Acceptance of all State IFB and Contract terms and conditions (see Section 1.24); and

5.4.2 Bidder Information Sheet (see Appendix 2)

5.4.3 Acknowledgement of all addenda to this IFB

5.4.4 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 submitted in this section and shall contain the information described in both Section 1 and Section 5, if applicable.

5.4.5 Completed Required Attachments

IFB for Maryland Transit Administration Page 15 of 41

Submit one (1) copy of each with original signatures:

a) Completed Bid Form (Attachment B-1).

b) Completed Bid Affidavit (Attachment C).

THE BID FORM AND BID AFFIDAVIT BOTH NEED TO BE SIGNED BY AN OFFICER OF THE

COMPANY AND DATED WITH THE SAME DATE.

5.4.6 Additional Documents *If Required

Submit one (1) copy of each with original signatures, if required. *See appropriate IFB section to determine whether the document is required for this procurement.

a) A Signed Statement from the Bidder’s Parent Organization Guaranteeing Performance of the Bidder. *See IFB section 4.16.

b) Completed MDOT Certified MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A).

*See IFB section 4.26.

c) Completed Federal Funds Attachment (Attachment G). *See IFB section 4.29.

d) Completed Conflict of Interest Affidavit and Disclosure (Attachment H). *See IFB section 4.30.

e) Completed Mercury Affidavit (Attachment K). *See IFB section 4.34.

f) Completed Veteran-Owned Small Business Enterprise (VSBE) Utilization Affidavit and

Prime/Subcontractor Participation Schedule (Attachment E-1). *See IFB section 4.27.

g) Completed Location of the Performance of Services Disclosure (Attachment L). *See IFB section

4.35.

5.5 Delivery

5.5.1 Bids will not be accepted on Mondays and Fridays. Delivery and drop-off of bids are only accepted on Tuesdays through Thursdays.

5.5.2 Bids shall only be accepted via standard mail, via courier mail such as UPS and FedEx, or via hand-delivery to the address listed on the Key Information Summary Sheet.

5.5.3 Bidders may either mail or hand-deliver Bids. Electronic submissions will not be accepted.

5.5.4 For U.S. Postal Service deliveries, any bid that has been received at the appropriate mail room, or typical place of mail receipt for the respective procuring unit by the time and date listed in the IFB will be deemed to be timely. If a Bidder chooses to use the U.S. Postal Service for delivery, the Department recommends that it use Express Mail, Priority Mail, or Certified Mail or another form for which both the date and time of receipt can be independently verified by the Department. It could take several days for an item sent by first class mail to make its way by normal internal mail to the procuring unit and a Bidder using first class mail will not be able to prove a timely delivery at the mailroom.

5.5.5 Hand-delivery includes delivery by commercial carrier acting for the Bidder. For any type of direct (non-mail) delivery, a Bidder is advised to secure a dated, signed, and time-stamped (or otherwise indicated) receipt of delivery.

5.6 Documents Required upon Notice of Recommendation for Contract Award

THIS SECTION IS INAPPLICABLE TO THIS IFB.

IFB for Maryland Transit Administration Page 16 of 41

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Bidders may bid on both line 1 and line 2 or either line 1 or line 2 of Attachment B-1 - Bid Form. The Bids will be evaluated based on the Total Bid Price of each line item, as per COMAR 21.05.02.13. All responsible Bidders will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Bid Price of each line item as submitted on the Attachment B-1 - Bid Form.

6.3 Reciprocal Preference

6.3.1 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.

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

6.4 Award Determination

6.5 Award will be made on a line-item by line-item basis to the responsible Bidder(s) who submits to the State the responsive Bid that has the lowest Bid Price. Documents Required upon Notice of Recommendation for Contract Award

Upon receipt of a Notification of Recommendation for Purchase Order award, the apparent awardee shall complete and furnish the documents and attestations as directed in Table 1 of Section 7 – IFB Attachments and Appendices.

IFB for Maryland Transit Administration Page 17 of 41

7 IFB ATTACHMENTS AND APPENDICES

Instructions Page

A Bid submitted by the Bidder must be accompanied by the completed forms and/or affidavits identified as “with Bid” in the “When to Submit” column in Table 1 below. All forms and affidavits applicable to this IFB, including any applicable instructions and/or terms, are identified in the “Applies” and “Label” columns in Table 1.

For documents required as part of the Bid:

For paper submissions, submit one (1) copy of each with original signatures. All signatures must be clearly visible.

All Bidders are advised that if a Purchase Order is awarded as a result of this solicitation, the successful Bidder(s) will be required to complete certain forms and affidavits after notification of recommended award. The list of forms and affidavits that must be provided is described in Table 1 below in the “When to Submit” column.

For documents required after award, submit one (1) copy of each document within the appropriate number of days after notification of recommended award, as listed in Table 1 below in the “When to Submit” column.

Table 1: IFB ATTACHMENTS AND APPENDICES

A pp lie s?

When to Submit

L ab el

Attachment Name

N Before Bid A Pre-Bid Conference Response Form

Y With Bid B-1 Bid Instructions and Form

Y With Bid C

Bid/Proposal Affidavit (see link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC- Bid_Proposal-Affidavit.pdf)

N With Bid D

MBE Forms D-1A (see link at https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE- Forms-1.pdf) IMPORTANT: If this IFB contains different Functional Areas or Service Categories. A separate Attachment D-1A is to be submitted for each Functional Area or Service Category where there is a MBE goal.

N 10 Business Days after recommended award D

MBE Forms D-1B, D-1C,D-2, D-3A, D-3B (see link at https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE- Forms-1.pdf) http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-Bid_Proposal-Affidavit.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-Bid_Proposal-Affidavit.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-Bid_Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE-Forms-1.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE-Forms-1.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE-Forms-1.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE-Forms-1.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE-Forms-1.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE-Forms-1.pdf

IFB for Maryland Transit Administration Page 18 of 41 pp

Important: Attachment D-1C, if a waiver has been requested, is also required within 10 days of recommended award.

N As directed in forms D MBE Forms D-4A, D-4B, D-5

N With Bid E

Veteran-Owned Small Business Enterprise (VSBE) Form E-1A (see link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentE- VSBEForms.pdf) IMPORTANT: If this IFB contains different Functional Areas or Service Categories. A separate Attachment E-1A is to be submitted for each Functional Area or Service Category where there is a VSBE goal.

N 5 Business Days after recommended award E

VSBE Forms E-1B, E-2, E-3 (see link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentE- VSBEForms.pdf) Important: Attachment E-1B, if a waiver has been requested, is also required within 10 days of recommended award.

N With Bid F

Maryland Living Wage Requirements for Service Contracts and Affidavit of Agreement (see link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentF- LivingWageAffidavit.pdf)

N With Bid G

Federal Funds Attachments (see link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentG- FederalFundsAttachment.pdf)

Y With Bid H

Conflict of Interest Affidavit and Disclosure (see link at https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentH-Conflict-of-InterestAffidavit.pdf)

N

5 Business Days after recommended award – However, suggested with Bid

I

Non-Disclosure Agreement (Contractor) (see link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-I-Non- DisclosureAgreementContractor.pdf)

N

5 Business Days after recommended award – However, suggested with Bid

J

HIPAA Business Associate Agreement (see link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/Attachment-J- HIPAABusinessAssociateAgreement.pdf) http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentE-VSBEForms.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentE-VSBEForms.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentE-VSBEForms.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentE-VSBEForms.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentE-VSBEForms.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentE-VSBEForms.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentF-LivingWageAffidavit.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentF-LivingWageAffidavit.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentF-LivingWageAffidavit.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentG-FederalFundsAttachment.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentG-FederalFundsAttachment.pdf http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentG-FederalFundsAttachment.pdf…