IFB 23-1139, Light Rail - Fluid Analysis Program.eMMA.pdf

Light Rail - Fluid Analysis Program

Solicitation #: IFB 23-1139 IFB Document

IFB for Maryland Transit Administration Page 1 of 55

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MTA)

INVITATION FOR BIDS (IFB)

LIGHT RAIL - FLUID ANALYSIS PROGRAM

IFB NUMBER: IFB 23-1139

ISSUE DATE: APRIL 13, 2023

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.

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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 below for contact information).

Title: Light Rail - Fluid Analysis Program

Solicitation No: IFB 23-1139

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:

(Attention: Stephanie Harrison) (410)-454-7917

SHarrison2@MDOT.Maryland.gov

THANK YOU

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STATE OF MARYLAND

MARYLAND TRANSIT ADMINISTRATION (MTA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Services - Light Rail - Fluid Analysis Program

Solicitation Number: IFB 23-1139

IFB Issue Date: April 13, 2023

IFB Issuing Office: Maryland Department of Transportation Maryland Transit

Administration (MDOT MTA or the "Department")

Procurement Officer: Stephanie Harrison e-mail:

Office Phone:

SHarrison2@MDOT.Maryland,gov

410-454-7917

Contract Monitor: MTA Light Rail – Rail Car Maintenance

Richard Diaz

RDiaz@MDOT.Maryland.gov

Bids are to be sent to: Submit via eMMA

Instructions on how to submit proposals electronically can be found at:

https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-

Solicitations-IFB-v3.pdf

Pre-Bid Conference: Pre-Bid Conference not required.

Questions Due Date and Time April 27, 2023 @ 2:00pm Local Time

Bid Due (Closing) Date and

Time:

May 4, 2023 @ 2:00pm Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Public Bid Opening Date and

Information:

Via eMMA

May 9, 2023 @10:00am Local Time

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: Three (3) years base period. No option years.

Primary Place of

Performance:

MTA Light Rail - Rail Car Maintenance

344 West North Avenue

Baltimore, MD 21217

SBR Designation: No

Federal Funding: No https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-Solicitations-IFB-v3.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-Solicitations-IFB-v3.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/4-eMMA-QRG-Responding-to-Solicitations-IFB-v3.pdf

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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

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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

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder shall have three (3) years of experience providing fluid analysis, including two (2) years of extensive transit experience and demonstrate their ability to comply with the database requirements of this contract. As proof of meeting this requirement, the Bidder shall provide with its bid three (3) to five (5) references from the past five (5) years that are able to attest to the bidder’s experience in providing fluid analysis.

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 Transit Administration (MTA or the "Department") is issuing this Invitation for

Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the Maryland Transit Administration: Fluid

Analysis Program.

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

2.1.3 The Department intends to make a single award for the work under this IFB. See IFB Section 4.9

Award Basis for more Contract 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

(the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

2.2 Background and Purpose

The State is issuing this solicitation for the purposes of awarding a contract to a qualified Contractor to conduct Fluid Analysis on gearbox oils. This specification covers laboratory testing and analysis of new oils, used lube oils as part of a program to reduce maintenance costs, evaluate cost effectiveness, support equipment warranties, ensure fluid quality, and enhance preventive maintenance by a full-service laboratory. The purpose of the Fluid Analysis Program is to flag abnormal and critical levels of contaminants found in Light Rail vehicles gearboxes. Abnormal conditions alert the MTA to potential problems before the gearboxes are seriously damaged. Critical condition reports save the MTA from imminent gearboxes failures. Fluid analysis provides the MTA with the flexibility to immediately test fluids suspected of contamination.

2.3 Responsibilities and Tasks

This specification covers requirements of two distinct types of laboratory analysis. The first type of laboratory analysis required is for wear trend in used gearbox oils. The second would be to detect metal particles in the oils.

2.3.1 Wear Trend Analysis

Wear Trend Analysis may be performed by petrochemical analysis or atomic absorption.

Analysis of LRV used lubricating oils (Gearbox) shall provide physical testing interpretations of wear patterns, in order to provide the MTA a means of evaluating the internal components of each gearbox. The contractor will be required to retain the accumulated records of the laboratory tests on an individual LRV basis in a computer to track wear trends of a vehicle as required by this contract.

2.3.2 Fluid Analysis

Fluid Analysis of new and used oil, will be requested to analyze a vendor's supplied product against the MTA's fluid specifications. Fluid analysis will also check contamination in used oils, in which the test reports will indicate contamination levels and corrective action recommend actions. The laboratory at a minimum shall be capable of performing tests on the following fluids:

a) Gearbox Oils

b) Lubricating Oils

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The laboratory shall issue a written certificate of analysis including parameters of individual test results and a qualitative statement comparing the results of the sample tested with standards for the product. The certificate of analysis will include any characteristic not meeting MTA specifications. Testing will be done at times and frequencies determined by MTA.

2.3.3 Laboratory Testing

All Laboratory testing will be done within a three hundred fifty (350) mile radius, or six (6) hour drive one way of the Baltimore metropolitan area to allow the MTA's Quality Assurance group to periodically inspect the contractor's facility for compliance with this specification. The contractor's testing laboratory shall comply with 17025 ISO requirements.

2.3.4 Test Specifications

The vendor will be required to furnish specific recommendations for each individual LRV gearbox oil tested based upon data derived from the used oil analysis. Samples will be provided in sample containers supplied by the contractor. In addition to performing the required analysis for each sample, the contractor shall be responsible for keeping individual records on each vehicle gearbox.

Each record will list all physical property test results for spectrochemical or atomic absorption determinations. Included will be pertinent data, specific maintenance recommendations and maintenance feedback information. Certificate of analysis will include specification limits of minimums and maximums. The contractor will retain all samples for thirty (30) calendar days after completion of the tests. MTA reserves the right to require the contractor to retest the samples in MTA's presence or to remove the samples from the contractor's storage facility for testing at an independent certified laboratory.

2.3.5 Physical Property Test

Physical property test shall consist of a related series of tests run to determine the classification, contamination and degradation of the lubricant. These tests will reveal the operating condition of the gearbox. Testing shall include:

a) Viscosity

b) Analysis (Metals)

c) Additives Levels

d) Contaminants

e) Total Acid Number (TAN)

f) Water (ppm)

g) ISO Particle Count

h) Cleanliness Codes

To assure accuracy, the laboratory must have and maintain records of procedures for quality control audits, including the daily calibration of the test equipment.

All individual oil samples submitted must be analyzed per this specification. Absolutely no screening process is permissible.

2.3.6 Test Reports

All test reports must be formatted to allow easy readability of all data and information. The report must also list minimum and maximum for all properties tested and clearly define pass or fail status.

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2.3.6.1 Gearbox Data - The data supplies will be the users Name, Unit Identification Number, Data Sample was obtained, Miles on Oil, Make Up Oil added.

2.3.6.2 Test Results - The results of all values stemming from the physical property tests and spectrochemical or atomic absorption analysis of tests results must be characterized by a degree of severity: that being normal, abnormal, or critical.

2.3.6.3 Abnormal Result - Any numerical value considered undesirably high by the laboratories data analysis must be flagged. The data analysist must have at their disposal (within the laboratory library) all pertinent information about the type of operation, environment, component, metallurgy, lubricant and be able to compare these units' characteristics to similar units.

2.3.6.4 Maintenance Recommendations - Specific maintenance recommendations stemming from interpretations of test data by the data analysis shall include recommendations for overhaul, operational maintenance/inspections of gearbox components, findings pertaining to oil condition/ quality.

2.3.6.5 Accumulated Test Results - The report format must show a minimum of four (4) previous oil analysis results that are retained in the computer record. This will facilitate utilizing oil analysis as a "trend analysis tool".

2.3.7 Samples

MTA personnel will obtain each representative oil sample for analysis, which will be processed according to the following set procedures.

2.3.7.1 Method - Representative samples will be obtained from the gearbox while warm, if possible, utilizing a suction device that draws the oil through a disposable tube.

Alternative means of fluid extraction may be presented to MTA for approval prior to the contract bid date. The suction device used must prevent any possibility of cross contamination from one sample to another. MTA personnel will not have to clean the sampling device in any way before or after drawing the oil sample. The container must hold a minimum of four (4) ounces of liquid. The Contractor will bear all costs incurred in shipping.

2.3.8 Processing of Samples

The laboratory will guarantee a two (2) business day turnaround time from receipt of the sample.

All test results shall be emailed to the MTA within twenty-four (24) hours.

2.3.9 Supply of Containers and Materials

The Contractor will supply the sampling device, containers and materials necessary to obtain the oil samples. Identification labels will be attached to all sample containers at the time of delivery to the MTA. The label will have the following data blanks to be completed: account name, garage, unit ID, oil added, miles on unit since last oil drain or new or overhauled engine/transmission, and date sample was drawn. Containers with lids for oil drains must be at least four (4) ounces in size.

2.3.10 Initial Supply of Materials

The Contractor will be required to furnish and deliver the following quantities of materials for startup within ten (10) working days of notice to proceed. These materials will be delivered to a location selected by the MTA. Also, within this time frame the Contractor will be required to have established accounts with an overnight carrier that will pick up samples from the MTA.

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a) Twelve (12) sampling devices, pumps; and

b) Fifteen hundred (1500), four (4) ounce containers with lids, mailers, and sampling tubes.

2.3.11 Database

The Contractor shall operate and maintain a website database and Fluid Analysis web portal that can be viewed and utilized by the MTA. The portal must contain document support as well as the following functions:

a) Personal log-in User ID and password

b) Access level capabilities within the website portal

c) User identification sign in/off date and times

d) Full and complete sample submission analysis details

If the Contractor purposes to use another program, then the Contractor will be obligated to provide the software to the MTA for review and approval. Contractor will supply the MTA with original software required for communication download.

2.3.12 Training

The Contractor shall provide training in the areas of Sampling, Handling, Labeling Information, Processing and Report Interpretation. Handout materials will also be included. The training will include Hands-on and classroom training.

The training shall be scheduled and commence within thirty (30) calendar days of the award date of the contract.

2.3.13 Records

Once a month the contractor shall submit a report that details all the test results in PDF or Excel format. All records are to become the property of the MTA.

2.3.14 Technical Support

The contractor will provide on-site visits by qualified laboratory representatives to meet with

MTA representatives and component manufacturers regarding questionable analysis recommendations if required, or data base support when needed.

2.3.15 Obligations for Demonstration and Questions Answered – Please send responses with Bid

a) Certification of Compliance with EPA, Manifest Files of Outgoing Samples.

b) Demonstration Standardization for Spectrometer.

c) Demonstration Standardization Sheets for other Equipment.

d) How is Fuel Soot Determined, Spin Down or Infrared?

e) Identification of Samples, How Are They Tracked?

f) List of Laboratory Personnel Who Actually Perform Analysis and Their Qualifications.

g) List Other Properties with Comparable Equipment and Fleet Size Systems for Used and New

Fluid Analysis.

h) Proposal for Other Means of Oil Extraction Other Than Suction Pump Method

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.2 End of Contract Transition

3.2.1 Return and Maintenance of State Data

a) Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and

Technology (NIST)-approved methods with certificates of destruction to be provided to the

State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

b) During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

c) In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

3.3 Invoicing

3.3.1 General

a) The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and MTA Accounts Payable at e-mail address:

MTAAccountsPayable@MDOT.Maryland.gov.

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

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;

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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.

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

The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the

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

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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

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.

b) For items of work for which there is annual pricing, (see Attachment B-1 – Bid Form), those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

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 the 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

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i) The 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.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.5 Disaster Recovery and Data

The following requirements apply to the Contract:

3.5.1 Redundancy, Data Backup and Disaster Recovery

a) Unless specified otherwise in the IFB, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

b) The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1) The Contractor shall furnish a DR site.

2) The DR site shall be at least 100 miles from the primary operations site and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

c) The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

d) The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service.

Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract

Monitor a notice of completion following completion of DR testing.

e) Such contingency and DR plans shall be available for the Department to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

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3.5.2 Data Export/Import

a) The Contractor shall, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

1) perform a full or partial import/export of State data within 24 hours of a request; or

2) provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

b) Any import or export shall be in a secure format per the Security Requirements.

3.5.3 Data Ownership and Access

a) Data, databases and derived data products created, collected, manipulated, or directly purchased as part of an IFB are the property of the State. The purchasing State agency is considered the custodian of the data and shall determine the use, access, distribution and other conditions based on appropriate State statutes and regulations.

Public jurisdiction user accounts and public jurisdiction data shall not be accessed, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of the Contract, including as necessary to perform the services hereunder or (4) at the

State’s written request.

The Contractor shall limit access to and possession of State data to only Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

At no time shall any data or processes – that either belong to or are intended for the use of the State or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the State.

The Contractor shall not use any information collected in connection with the services furnished under the

Contract for any purpose other than fulfilling such services.

3.5.4 Provisions in Sections 3.5.1 – 3.5.3 shall survive expiration or termination of the Contract.

Additionally, the Contractor shall flow down the provisions of Sections 3.5.1-3.5.3 (or the substance thereof) in all subcontracts.

3.6 Insurance Requirements

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

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

a) Commercial General Liability- Liability coverage shall be at least as broad as Insurance

Services Office Form CG 00 01. No modifications or endorsements are allowed that would reduce, limit, restrict, or exclude coverage under the standard unmodified ISO CGL policy coverages. Coverage shall be written on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25

04) or the general aggregate limit shall be twice the required occurrence limit.

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b) Worker’s Compensation - The Contractor shall maintain such insurance meeting the statutory requirements of the jurisdiction where the work will be performed, including Employer’s

Liability coverage with minimum limits of $1,000,000 each accident for bodily injury or disease.

Where and when applicable, Longshore and Harbor Workers’ Compensation Act, (work performed on or over navigable waterways) to cover contractor’s employees for wages, transportation, maintenance and cure, in accordance with applicable laws. Maritime Coverage

Endorsement (Jones Act) for work upon navigable waterways and barges, tugboats, and all other vessels on the ocean and all intracoastal rivers and canals, covering drivers, divers, and underwater personnel, seamen, masters and members of a crew, providing remedy for damage or injury, in accordance with applicable laws.

c) Automobile or Commercial Truck Insurance - Contractor shall maintain Automobile

Liability Insurance with limits no less than $1,000,000 per occurrence covering contractor or third party against claims for bodily injury and property damage arising out of the ownership, maintenance, or used of any owned, hired, or non-owned motor vehicle.

d) Excess/Umbrella Liability Insurance – If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this agreement, then said policies shall be on a true

“following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this document, including, but not limited to, the additional insured, contractual liability & “insured contract” definition for indemnity, occurrence, no limitation of prior work coverage, and primary & non-contributory insurance requirements stated therein. No insurance policies maintained by the

Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

e) Pollution Legal Liability Insurance (Non-Owned Disposal Site Coverage) with minimum limits of $5,000,000 per occurrence. Coverage may be maintained in one of the following ways:

A standalone policy:

Non-Owned Disposal Site Endorsement on Contractor’s Pollution Liability policy naming

MTA as an additional insured; or

Contractor may designate the disposal site and provide a COI from the disposal facility naming Contractor and MTA as additional insureds.

f) Cyber Security/Errors & Omissions/Professional Liability Insurance, in an amount not less than $10,000,000 per claim and in the annual aggregate, covering all acts, errors, omissions, negligence, infringement of intellectual property (except patent and trade secret) and network and privacy risks (including coverage for unauthorized access, failure of security, breach of privacy perils, wrongful disclosure of information, as well as notification costs and regulatory defense) in the performance of services for or on behalf of hereunder. Such insurance shall be maintained in force at all times during the term of the agreement and for a period of 3 years thereafter for services completed during the term of the agreement. shall be given at least 30 days’ notice of the cancellation or expiration of the aforementioned insurance for any reason.

The policy shall contain an affirmative coverage grant for contingent bodily injury and property damage emanating from the failure of the technology services or an error or omission in the product or rendered services provided.

3.6.2 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any

IFB for Maryland Transit Administration Page 18 of 55 non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

a) Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the coverages listed above, including umbrella and excess policies, excluding Workers Compensation and Professional with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance ((at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

b) Primary Coverage For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies but excludes Professional Liability.

For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the

Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies but excludes Professional Liability.

c) Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

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

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

b) The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business

IFB for Maryland Transit Administration Page 19 of 55

Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

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

3.7 Security Requirements

The following requirements are applicable to the Contract:

3.8 Problem Escalation Procedure

3.8.1 The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes.

3.8.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other

State personnel as directed should the Contract Monitor not be available.

3.8.3 The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

a) The process for establishing the existence of a problem;

b) Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

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

d) Expedited escalation procedures and any circumstances that would trigger expediting them;

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

f) Contact information for persons responsible for resolving issues after normal business hours

(e.g., evenings, weekends, holidays) and on an emergency basis; and

g) A process for updating and notifying the Contract Monitor of any changes to the PEP.

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

3.9 SOC 2 Type 2 Audit Report

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

3.10 Minority Business Enterprise (MBE) Reports

A Minority Business Enterprise (MBE) Report is not a Contractor requirement for this Contract.

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3.11 Veteran Small Business Enterprise (VSBE) Reports

A Veteran Small Business Enterprise (VSBE) Report is not a Contractor requirement for this Contract.

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/

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4 Procurement Instructions

4.1 Pre-Bid Conference

A Pre-Bid Conference is not a requirement for this Contract.

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 23-1139, Light Rail -

Fluid Analysis Program), and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid due date no later than the date and time specified 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.

4.3.2 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 Contract 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 in eMMA 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 not be granted at the Procurement Officer’s discretion.

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by eMMA.

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.

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

IFB for Maryland Transit Administration Page 22 of 55

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).

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 on the eMMA platform before Bid opening, the State may not disclose the identity of any Bidder. Bids submitted through eMMA cannot be opened by anyone before the bid opening date and time.

4.7.2 Bids shall be opened via eMMA by the Procurement Officer after the bid due date and time. 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 made available on eMMA as an Addendum.

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

4.8.3 The Bids shall be reviewed and listed on eMMA as an Addendum the day after the bids are due.

4.8.4 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.

Use this link for information:

https://www.mdot.maryland.gov/tso/pages/Index.aspx?PageId=69; and

Use this form to submit a PIA request:

https://mdot-state-md-us.workflowcloud.com/forms/9e8be49a-710a-4c29-ba9d-e2bd6b38d301.

4.9 Award Basis

4.9.1 A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR

21.05.02.13) 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.

https://www.mdot.maryland.gov/tso/pages/Index.aspx?PageId=69 https://mdot-state-md-us.workflowcloud.com/forms/9e8be49a-710a-4c29-ba9d-e2bd6b38d301

IFB for Maryland Transit Administration Page 23 of 55

4.9.2 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 Department following any required approvals of the Contract, including approval…