IFB_224043-S.pdf

OFFICE OF PROCUREMENT

INVITATION FOR BIDS (IFB)

PORT ENDEAVOR MAINTENANCE SERVICES

IFB NUMBER 224043-S

ISSUE DATE: FEBRUARY 28, 2025

CONTINGENT SMALL BUSINESS RESERVE PROCUREMENT

This is a Contingent Small Business Reserve Procurement. If a bid is received from a responsive and responsible Maryland certified Small Business, the procurement will be a Small Business Reserve procurement and only Maryland certified Small Businesses will be eligible for award. If no bid is received from a responsive and responsible Maryland certified Small Business, the procurement will not be a Small Business Reserve procurement and award may be made to a responsive and responsible Bidder that is not a Small Business.

NOTICE TO BIDDERS

Prospective Bidders who have received this document from a source other than eMaryland Marketplace Advantage (eMMA) should register on eMMA at https://procurement.maryland.gov. In the event it becomes necessary to revise any part of this IFB, or if additional information is required to enable potential Bidders to interpret the provisions of this IFB, an amendment will be issued by the Procurement Officer and posted on eMMA. Prospective Bidders should review eMMA periodically to determine whether or not Maryland Port Administration (MPA) has issued an amendment to this IFB. MPA is not responsible for notifying Bidders of amendments to this IFB other than by posting them on eMMA.

The SOLE point of contact in the State for purposes of this IFB is the Procurement Officer.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO

THIS SOLICITATION

https://procurement.maryland.gov/

Port Endeavor Maintenance Services Solicitation No.: 224043-S IFB Document

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NO BID NOTICE/VENDOR FEEDBACK FORM

To help the MPA improve the quality of its solicitations, and to make the 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 this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet for contact information).

Title: Port Endeavor Maintenance Services Solicitation No.: 224043-S

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 this 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.

� Terms and conditions contain requirements with which we do not understand or disagree.

(Explain in REMARKS section.)

� 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: ______________________________________________________________________

Email Address: ________________________________________________________________

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MARYLAND PORT ADMINISTRATION (MPA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Services – Port Endeavor Maintenance Services

Solicitation Number: 224043-S

IFB Issue Date: February 28, 2025

IFB Issuing Office: Maryland Port Administration, Office of Procurement

Procurement Officer: Margie A. Koppelman 401 E. Pratt Street, Baltimore, MD 21202

Email:

Office Phone:

mkoppelman1@mdot.state.md.us 410-385-4833

Bids are to be sent to: mkoppelman1@mdot.state.md.us

Pre-Bid Conference: N/A

Questions Due Date and Time March 5, 2025 by 11:00 am Eastern Time to mkoppelman1@mdot.state.md.us

Bid Due (Closing) Date and Time:

March 10, 2025 by 11:00 am Eastern Time Bidders are reminded that a completed No Bid Notice/Vendor Feedback Form is requested if a no-bid decision is made.

Public Bid Opening Date, Time, and Location

Bids will not be opened publicly.

MBE Subcontracting Goal: 0% with no subgoals

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: Three-year base period beginning April 1, 2025 through March 31, 2028.

Primary Place of Performance:

Bidder’s location

SBR Designation: Yes

Federal Funding: No mailto:mkoppelman1@mdot.state.md.us mailto:omkoppelman1@mdot.state.md.us mailto:mkoppelman1@mdot.state.md.us

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder’s Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor’s Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Invoicing

3.2 Insurance Requirements

3.3 Additional Clauses

4 Procurement Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Questions

4.3 Procurement Method

4.4 Bid Due (Closing) Date and Time

4.5 Award Basis…………………………………………………………………………...………...9

4.6 Tie Bids

4.7 Duration of Bids

4.8 Revisions to this IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Electronic Procurements Authorized

4.18 Contingent Small Business Reserve (SBR) Procurement

4.19 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

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5.2 Bid Price Form

5.3 Required Bid Submission

5.4 Delivery

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

Attachment A. Bid Instructions (A-1) and Bid Form (A-2)

Attachment B. Small Business Affidavit

Attachment C. MPA’s Terms and Conditions for Small Pprocurement Contracts $100,000 and Under

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1 Minimum Qualifications

1.1 Bidder’s Minimum Qualifications

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

1.1.1 The Bidder shall be located within 70 nautical miles or less from the Baltimore Inner Harbor.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Port Administration (MPA) is issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2 and to be incorporated into a Contract between the successful Bidder and MPA. The Contract is for the Port Endeavor Maintenance Services.

The Port Endeavor is a 1974 43.9’ aluminum Passch Marine Boat.

2.1.2 MPA intends to make a single award for the work under this IFB. See IFB Section 4.5 Award Basis for more Contract award information.

2.1.3 The initial term of this Contract shall be three years, beginning April 1, 2025 through March 31, 2028, for an amount not to exceed the Total Bid Price as show on the Excel Bid Form.

2.1.4 The travel distance MPA can transport this vessel is 70 nautical miles or less from the Baltimore Inner Harbor.

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

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

2.1.7 MPA shall have the unilateral right to order, in writing, changes in the work within the scope of the Contract in accordance with the provisions of this IFB.

2.2 Background and Purpose

The purpose of this IFB is to provide information to potential Bidders interested in preparing and submitting a Bid to meet MPA’s requirements to provide all of the necessary expertise, labor, supervision, materials, equipment, creativity, and skills required to perform the annual maintenance on the Port Endeavor. The Port Endeavor is a 1974 43.9’ aluminum Passch Marine Boat. The Contract shall be performed in accordance with the specifications of this IFB and MPA’s Terms and Conditions for Small Procurement Contracts ($100,000 and Under), attached hereto as Attachment C and incorporated herein by reference.

2.3 Contractor’s Responsibilities and Tasks

The Contractor shall be responsible for performing the following:

a) Clean bottom with high pressure hose to remove all marine growth.

b) Clean all bare spots to bright metal and prime with two applications of International #347 Aluminum primer or approved equal.

c) Sand bottom lightly and clean with #126 Interlux Thinner or approved equal and apply two

(2) applications of Trilux Black Anti Fouling Paint or approved equal. No Copper Base Paints permitted, must be aluminum compatible.

d) Clean, prepare, and paint hull with one application of Marine White Semi-Gloss.

e) Clean and inspect all thru hull fittings, sea stainers, and transducers.

f) Replace all Zincs.

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g) Inspect Head for proper operation.

h) Inspect exhaust on Port, Starboard, and Generator for Exhaust Leaks and advise.

i) Untra-sonic or audio gauge from rub rail to bottom and Stern.

j) Complete inspection of the operating hardware systems on the bottom of the boat such as shafts, propellars, packing glands, cutlass bearings, and all other bottom hardware.

k) Inspect engines, transmissions, steering, and all controls for proper function and operation.

l) Prepare Marine Condition and Compliance Survey.

m) Any deficiencies or recommendations for additional work shall be reported to the MPA Fleet Manager at 410-633-1052. A written estimate for any additional work shall be submitted to the MPA Fleet Manager for review and approval. No additional work shall be performed unless approved by the MPA Fleet Manager. The allowance for any additional work is $30,000 (see Bid Form Item No. 3).

2.3.1 General Warranty

a) The Contractor shall warrant the results of the work and repairs performed to provide MPA continuous operations, free from defects in materials and workmanship.

b) All warranty work shall be performed to the complete satisfaction of MPA.

c) Specifically, the Contractor warrants that the goods and services supplied hereunder conform to the Contract requirements, are fit and sufficient for the purpose intended, merchantable, and are free of any defects in materials, design, or workmanship for a period of one year from the date of final acceptance of the goods and services.

d) Within the warranty period, the Contractor shall remedy promptly at its own expense any failure to conform to the foregoing, including, but not limited to, all necessary labor and replacement parts. Any such repairs or replacement shall be made by the Contractor at MPA’s regular place of business.

e) In addition, the Contractor shall remedy promptly at its own expense any damage to MPA owned or controlled real or personal property, when that damage is the result of the goods, services, material, workmanship, or design.

f) The Contractor shall also restore promptly any work damaged in fulfilling the terms of this clause.

g) MPA’s inspection, testing, acceptance, or use of the goods shall not affect the Contractor’s obligations under this warranty, and such warranties shall survive inspection, test, and use.

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3 Contractor Requirements: General

3.1 Invoicing

3.1.1 General

a) Subject to the performance of the work and its acceptance by MPA, the Contractor may submit an invoice for all appropriate charges for services performed during the term of this Contract. All such charges shall be derived in accordance with the prices originally quoted on the Bid Form.

b) The Contractor shall email the original of each invoice to MPA Accounts Payable at the email address: mpainvoices@marylandports.com or mail to: MPA Accounts Payable, 401 East Pratt Street, Suite 1100, Baltimore, MD 21202.

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

An invoice for services that are incomplete or that MPA has not accepted will not be processed for payment. An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09.01) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1) Contractor’s 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) MPA assigned Contract number and/or (Blanket) Purchase Order number(s);

8) Goods or services provided;

9) Amount due; and

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

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

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

COMAR 21.10.04.

MPA 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.

mailto:mpainvoices@marylandports.com

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3.2 Insurance Requirements

The requiring of any and all insurance as set forth in these specifications, or elsewhere, shall be in addition to and not in any way in substitution for all the other protection provided under the Contract Documents.

No acceptance and/or approval of any insurance by MPA shall be construed as relieving or excusing the Contractor, or the Surety of his Bonds, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents.

The Contractor shall at all times during the term of this Contract, and until it has received Notice of Final Acceptance by the MPA maintain in full force and effect the polices of insurance required by this Section.

The Contractor shall provide MPA with evidence that the required insurance has been obtained.

Insurance companies must be rated A-VIII or better by AM Best and should be lawfully authorized to do business in the State of Maryland or in the jurisdiction where the work is being performed. The Contractor shall name the MPA, MDOT and the State of Maryland as additional insureds on each of the policies (except Workers’ Compensation) listed in Paragraph B. The commercial general liability additional insured endorsement should include “on-going operations” and “completed operations” coverage for the additional insured and a copy should be attached to the certificate of insurance. The Contractor shall provide certificates of insurance or other evidence that it has complied with this provision before commencement of work under this Contract. Certificates shall indicate effective dates and dates of expiration of policies. However, the Contractor, if requested by MPA, shall provide certified true copies of any and all of the policies of insurance to MPA.

The Contractor shall not commence work under this Contract until all the insurance required under this Section has been obtained and approved by MPA, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until the insurance required of the Subcontractor has been so obtained and approved. Contractors of every tier should waive (and require their insurers to waive by endorsement) subrogation rights against the State for losses and damages incurred under the insurance policies required by the Contract. Contractors’ general liability and automobile liability insurance should be endorsed to include MPA, MDOT, and the State of Maryland as additional insureds and provide that such additional insured coverage will be primary, and no contributions shall be permitted from any insurance or self-insurance maintained by the MPA, MDOT, or the State of Maryland.

All insurance policies required by this Section, or elsewhere in the Contract Documents, shall be so endorsed as to provide that the insurance carrier will be responsible for giving immediate and positive notice to MPA in the event of cancellation or modification of the insurance policy by either the insurance carrier or the Contractor, at least sixty (60) days prior to any such cancellation or modification. A copy of the endorsement for each insurance policy shall be submitted to MPA before any work under this Contract commences.

The Contractor shall purchase and maintain during the life of this Contract:

A. Workers' Compensation

1. Workers' Compensation insurance as required by the laws for the State of Maryland, which shall include Employer's Liability coverage for each accident, disease policy limit, and disease – each employee.

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2. Such policy or policies of insurance mentioned above shall also include coverage for the benefits as set forth under the U.S. Longshoremen and Harbor workers Compensation Act, the Jones Act and other Federal laws where applicable.

B. Liability Insurance

1. Occurrence forms of commercial general liability insurance covering the full scope of this Contract with limits not less than $2,000,000 each occurrence limit for bodily injury/property damage, $4,000,000 general aggregate limit per project, $300,000 for Damage to Rented Premises, and $10,000 medical payments to others. The commercial general liability coverage should include blanket contractual liability covering indemnity obligations. Such insurance shall include, but shall not be limited to, the following: Commercial general liability insurance including and covering: a) premises and operations liability; b) products and completed operations liability; c) independent Contractors; d) blanket contractual liability; e) employees as additional insureds; f) notice of occurrence; g) knowledge of occurrence by specified official; h) unintentional errors and omissions; i) bodily injury or property damage for contamination by pollutants arising from the completed work; k) extended definition of bodily injury, l) personal and advertising injury coverage (hazards A and B) with no exclusions for liability assumed contractually or injury sustained by employees of Contractor; m) coverage for damage to property of MPA, as well as other third parties resulting from negligence in the completion of the Contractor's services; and n) Ship Repairer's Legal Liability.

2. Automobile liability insurance. Coverage use of any company owned motor vehicle to be used in conjunction with this Contract, including owned, hired automobiles, and non-owned automobiles with limits not less than $1,000,000 combined single limit.

3. Marine or Aviation insurance. Insurance coverage for any operations performed within the scope of this Contract by the Contractor or its Subcontractors which require the use of any watercraft or aircraft (owned or non-owned), the Contractor shall maintain liability insurance satisfactory to MPA to cover such activities. Such coverage must be included as underlying insurance in any umbrella policies carried by the Contractor.

It is the sole responsibility of the Contractor to see that any and all of its Subcontractors or their Subcontractors carry insurance required herein to the extent the Contractor wishes to impose on its Subcontractor such liability insurance. Automobile liability insurance required herein shall be provided by each Subcontractor. The Contractor shall be held responsible for compliance and enforcement of the MPA’s insurance requirements and its own requirements and for any modifications or waivers of these insurance requirements as they apply to Subcontractors.

The MPA shall have the right to require that the limits of liability set forth in the above paragraphs hereof be raised if in its judgment economic or insurance market conditions warrant. If additional costs are incurred because of raised limits, the pre-approved additional cost shall be added to the Contract Sum.

Without limitation of any other provisions of this Contract, if (a) the Contractor's agreement herein to insure or to name as an additional insured the MPA, MDOT, and the State of Maryland with respect to contractual liability assumed by the Contractor under the terms of the Contract Documents or otherwise, or (b) any Contract of insurance between the Contractor or any Subcontractor and its insurance company, shall to any extent be or be determined to be void or unenforceable, it is the intention of the parties that such circumstances shall not otherwise affect the validity or enforceability of Contractor's agreements and obligations under the Contract Documents nor the validity or enforceability of such contract of insurance, each of which shall be enforced to the fullest extent permitted by law.

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The furnishing of evidence of insurance by certificate or policy copy that is not in conformance with the requirements shall not constitute a waiver of or amendment to, the aforementioned requirements. Any modification or waiver of the requirements must be provided by the MPA in writing to the Contractor and agreed to by signature of any authorized Officer of the Contractor.

3.3 Additional Clauses

3.3.1 No-Cost Extensions

In accordance with BPW Advisory 1995-1 Item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

3.3.2 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.

3.3.3 MPA Photography Policy

Photography, filming, or videotaping on MPA terminals are prohibited without prior approval from MPA.

All persons authorized to take photos, to film, or to videotape must adhere to the MPA Photography Policy. See: Pages - Port Security: Photography Policy (maryland.gov). Written requests for approval shall be submitted through the Procurement Officer listed on the Key Information Summary Sheet.

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmpa.maryland.gov%2FPages%2Fphotography-policy.aspx&data=04%7C01%7Cmkoppelman1%40mdot.state.md.us%7C610cb9f2e1e54183d92108d99ae9c6be%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C637711151109073945%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=jlmpoRgcigPk6oMuvw2JaSgHjKRkrDkPQfnvz4SLEc8%3D&reserved=0

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4 Procurement Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

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

4.1.2 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.

4.2 Questions

4.2.1 All questions shall identify in the subject line the Solicitation Number and Title (224043-S Port

Endeavor Maintenance Services) and shall be submitted in writing via email to the Procurement Officer no later than the date and time specified on 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.

4.2.2 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.

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

4.3 Procurement Method

A Contract will be awarded in accordance with the Small Procurement method under COMAR 21.05.07.

4.4 Bid Due (Closing) Date and Time

4.4.1 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. Bids not received in the Procurement Officer’s email inbox by this date and time are late and will not be considered.

4.4.2 Requests for extension of this date or time shall not be granted.

4.4.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer.

4.4.4 Bidders are solely responsible for assuring that their Bids are received in the Procurement Officer’s email inbox on or before the scheduled date and time for receipt of Bids. The date and time of an email submission is determined by the date and time of arrival of all required documents in the Procurement Officer’s email inbox. Evidence that the email was sent prior to the deadline is NOT evidence of receipt by the Procurement Officer prior to the deadline. The Bidder is solely responsible for ensuring that the Procurement Officer receives the email by the deadline.

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

4.4.6 Bids may not be submitted by facsimile. Bids are not being accepted in eMMA. Bids will not be opened publicly.

https://procurement.maryland.gov/

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4.4.7 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.

4.5 Award Basis

4.5.1 A Contract shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable bid price or evaluated bid price (as referenced in COMAR 21.05.07.06D) for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. See IFB Section 6 for Bid evaluation and award information.

4.5.2 Award of this Contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the MPA following any required approvals of the Contract.

4.6 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 90 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.

4.8 Revisions to this IFB

4.8.1 If this IFB is revised before the due date for Bids, MPA shall post any addenda to this 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.

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

4.8.3 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.

4.9 Cancellations

4.9.1 MPA 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.

4.10 Incurred Expenses

MPA 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.

4.11 Protest/Disputes

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

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4.12 Bidder’s Responsibilities

4.12.1 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.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder accepts, and agrees to, all terms and conditions in this IFB, including but not limited to those related to the submission and evaluation of bids, and further acknowledges that its agreement to this IFB terms and conditions is supported by consideration. Further, the Bidder, if selected for award, shall be deemed to have accepted all attachments to this IFB, including MPA’s Terms and Conditions for Small Procurement Contracts ($100,000 and Under). Any exceptions to this IFB or MPA’s Terms and Conditions should be raised prior to Bid submission. Changes to the solicitation, MPA’s Terms and Conditions, or the Bid Form made by the Bidder may result in Bid rejection.

4.14 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 IFB, 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.

4.15 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 Contract award.

4.16 False Statements

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

4.16.1 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.

4.16.2 A person may not aid or conspire with another person to commit an act under Section 4.16.1.

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

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4.17 Electronic Procurements Authorized

4.17.1 Under COMAR 21.03.05, unless otherwise prohibited by law, MPA 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.

4.17.2 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 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.

4.17.3 “Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes email, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., emma.maryland.gov), and electronic data interchange.

4.17.4 The following transactions are authorized to be conducted by electronic means on the terms as authorized in COMAR 21.03.05:

a) The Procurement Officer may conduct the procurement using eMMA or email to issue:

1) The IFB;

2) Any amendments;

3) Questions and responses;

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

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

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

The Bidder or potential Bidder may use email to:

7) Submit Bids;

8) Ask questions regarding the solicitation;

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

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

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

A. Filing of Contract claims;

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

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

https://emaryland.buyspeed.com/bso/

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4.17.6 Any email 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.

4.18 Contingent Small Business Reserve (SBR) Procurement

4.18.1 This is a Contingent Small Business Reserve Procurement. If a bid is received from a responsive and responsible Maryland certified Small Business, the procurement will be a Small Business Reserve procurement and only Maryland certified Small Businesses will be eligible for award (in accordance with the basis of award stated in the solicitation).

4.18.2 If no bid is received from a responsive and responsible Maryland certified Small Business, the procurement will not be a Small Business Reserve procurement and award may be made to a responsive and responsible Bidder that is not a Small Business (in accordance with the basis of award stated in the solicitation).

4.18.3 Under a Small Business Reserve Procurement, only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by GOSBA Small Business Reserve Program are eligible for award of a contract.

4.18.4 A Bid submitted by the Bidder must be accompanied by a completed Small Business Affidavit.

A copy of this Affidavit is included as Attachment B of this IFB.

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

4.18.6 Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.

4.19 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 web site for Maryland Healthy Working Families Act Information: http://dllr.maryland.gov/paidleave/.

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

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5 Bid Format

5.1 One Part Submission

Each Bidder shall submit its Bid with all Required Bid Submissions (see IFB Section 5.3) in a single sealed package.

5.2 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 MPA.

5.3 Required Bid Submission

A Bidder shall include the following with its Bid:

5.3.1 Acknowledgement of all addenda to this IFB.

5.3.2 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.

5.3.3 Completed Required Attachments. Submit one copy of each with original signatures:

1) Completed Bid Form (Attachment A-2).

2) Small Business Affidavit (Attachment B).

5.4 Delivery

5.4.1 Bids are to be emailed to the Procurement Officer’s email address listed on the Key

Information Summary Sheet.

Email submissions:

A. Bids submitted via email must not exceed 8Mb. If a submission exceeds this size, split the submission into two or more parts and include the appropriate part number in the subject (e.g., part 1 of 2) after the subject line information below.

B. The email submission subject line shall state this IFB No. 224043-S.

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6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.07.06D(2). All responsible Bidders will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Bid Price as submitted on the Attachment A-2 - Bid Form.

6.2 Reciprocal Preference

6.2.1 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.

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

6.3 Award Determination

Award will be made to the responsible Bidder who submits to MPA the responsive Bid that has the lowest Total Bid Price.

6.4 Documents Required upon Notice of Recommendation for Contract Award Upon receipt of a Notification of Recommendation for Contract award, the apparent awardee shall complete and furnish the documents and attestations as directed in Table 1 of Section 7 – IFB Attachments.

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7 IFB ATTACHMENTS

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:

1. For email submissions, submit one copy of each with signatures.

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder 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 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

A pp lie s?

When to Submit

L ab el

Attachment Name Y With Bid (A-2 only) A Bid Instructions (A-1) and Bid Form (A-2) Y With Bid B Small Business Affidavit Y N/A C MPA’s Terms and Conditions for Small Procurement

Contracts ($100,000 and Under) Y 5 Business Days after recommended award Certificate of Insurance (Section 3.2)

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Attachment A. Bid Instructions and Bid Form

A-1 Bid Instructions

In order to assist each Bidder in the preparation of its Bid and to comply with the requirements of this solicitation, Bid Instructions and a Bid Form have been prepared. Each Bidder shall submit its Bid on the Bid Form in accordance with the instructions on the Bid Form and as specified herein. Do not alter the Bid Form or the Bid may be determined to be not responsive. The Bid Form is to be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

The Bid Form is used to calculate the Bidder’s TOTAL BID PRICE. Follow these instructions carefully when completing your Bid Form:

A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct.

B) All Unit Prices must be the actual price per unit MPA will pay for the specific item or service identified in this IFB and may not be contingent on any other factor or condition in any manner.

C) All calculations shall be rounded to the nearest cent, e.g., .344 shall be .34 and .345 shall be .35.

D) Any goods or services required through this IFB and proposed by the vendor at No Cost to MPA must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00.

E) Every blank in every Bid Form shall be filled in. Any changes or corrections made to the Bid Form by the Bidder prior to submission shall be initialed and dated.

F) Except as instructed on the Bid Form, nothing shall be entered on or attached to the Bid Form that alters or proposes conditions or contingencies on the prices. Alterations and/or conditions may render the Bid not responsive.

G) It is imperative that the prices included on the Bid Form have been entered correctly and calculated accurately by the Bidder and that the respective total prices agree with the entries on the Bid Form. Any incorrect entries or inaccurate calculations by the Bidder will be treated as provided in COMAR 21.05.03.03.F and may cause the Bid to be rejected.

H) If option years are included, Bidders must submit pricing for each option year. Any option to renew will be exercised at the sole discretion of MPA and comply with all terms and conditions in force at the time the option is exercised. If exercised, the option period shall be for a period identified in this IFB at the prices entered on the Bid Form.

I) All Bid prices entered on the Bid Form are to be fully loaded prices that include all costs/expenses associated with the provision of services as required by this IFB. The Bid price shall include, but is not limited to all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation. No other amounts will be paid to the Contractor. If labor rates are requested, those amounts shall be fully-loaded rates; no overtime amounts will be paid.

J) Unless indicated elsewhere in this IFB, sample amounts used for calculations on the Bid Form are typically estimates for evaluation purposes only. Unless stated otherwise in this IFB, MPA does not guarantee a minimum or maximum number of units or usage in the performance of the Contract.

K) Failure to adhere to any of these instructions may result in the Bid being determined not responsive.

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A-2 Bid Form

The Bid Form shall contain all price information in the format specified on these pages. Complete the Bid Form only as provided in the Bid Instructions. Do not amend, alter, or leave blank any items on the Bid Form. If option years are included, Bidders must submit pricing for each option year. Failure to adhere to any of these instructions may result in the Bid being determined not responsive.

See separate Excel Bid Form labeled Attachment A-2 - Excel Bid Form.xls.

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Attachment B. Small Business Affidavit

I, _________________________ (type or print your name legibly), affirm to the State of Maryland that:

1. I am the __________________________ (type or print legibly your title, office, or capacity) of (type or print legibly the correct and complete company name) hereinafter referred to as the "Business".

2. The Business is:

(a) a for-profit enterprise;

(b) not a broker, as defined in COMAR 21.01.02.01B(13-1);

(c) independently owned and operated;

(d) not a subsidiary of another business;

(e) not dominant in its field of operation;

(f) With respect to employees, either:

(i) The wholesale operations of the Business did not employ more than 50 persons in its most recently completed 3 fiscal years;

(ii) The retail operations of the Business did not employ more than 25 persons in its most recently completed 3 fiscal years;

(iii) The manufacturing operations of the Business did not employ more than 100 persons in its most recently completed 3 fiscal years;

(iv) The service operations of the Business did not employ more than 100 persons in its most recently completed 3 fiscal years;

(v) The construction operations of the Business did not employ more than 50 persons in its most recently completed 3 fiscal years; or

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

(g) With respect to gross sales:

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

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

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

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

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

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

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

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3. For the exclusive purpose of pursuing out-of-State contracts, the Business has:

(a) 250 or fewer employees; or

(b)…