IFB 24-1246, LR-Timber Switch Ties.pdf

STATE OF MARYLAND

MARYLAND TRANSIT ADMINISTRATION (MTA)

INVITATION FOR BIDS (IFB)

LR–TIMBER SWITCH TIES

IFB NUMBER: IFB 24-1246

SOURCING PROJECT: BPM044586

ISSUE DATE: MAY 28, 2024

NOTICE TO BIDDERS

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.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

LR–Timber Switch Ties

Solicitation #: IFB 24-1246 IFB Document

IFB for Maryland Transit Administration Page ii of 54

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: LR-Timber Switch Ties

Solicitation No: IFB 24-1246

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

Email: SHarrison2@MDOT.Maryland.gov

Phone: (410)-454-7917

Thank you mailto:SHarrison2@MDOT.Maryland.gov

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MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MTA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids: ONE-TIME PURCHASE - LR-Timber Switch Ties

Solicitation Number: IFB 24-1246

IFB Issue Date: Monday, May 28, 2024

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

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: A Pre-Bid Conference is not required for this IFB.

Questions Due Date and Time: Questions Due Date and Time is not required for this IFB.

Bid Due (Closing) Date and

Time:

Monday, June 17, 2024 @ 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: Via eMMA

Monday, June 17, 2024 @ 2:30PM Local Time

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: ONE-TIME PURCHASE

Primary Place of

Performance:

See Appendix 5. – SOW, IFB 24-1246, LR-Timber Switch Ties;

Section 1.05 - Delivery, Storage and Handling

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

IFB for Maryland Transit Administration Page iv of 54

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

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4.11 Duration of Bids

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

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5.5 Delivery

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...…………..46

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Appendix 5. – SOW, IFB 24-1246, LR-Timber Switch Ties……………………...…….....…………..47

THIS PAGE IS INTENTIONALLY LEFT BLANK.

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

There are no Bidder Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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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: Procure

Timber Switch Ties.

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 obtain goods and or services from a Contract between the selected

Bidder(s) and the State for the work under this IFB. See IFB Section 4.9 Award Basis for more

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 Maryland Transportation of Transportation Maryland Transit Administration (MDOT MTA) is issuing this solicitation for the purposes of procuring LR-Timber Switch Ties.

2.3 Responsibilities and Tasks

2.3.1 See Appendix 5. - SOW, IFB 24-1246, LR-Timber Switch Ties.

2.3.2 Items must be prepared for shipment in such a manner that will prevent any damage to the parts / products during the shipping process.

2.3.3 Items requested will be F.O.B. Destination only. The prices proposed must be an “all-inclusive price” containing any shipping or handling fees. Separate lines on the invoice containing additional shipping or handling fees will not be paid.

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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

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.3 Invoicing

3.3.1 General

a) The Contractor shall e-mail the original of each invoice and signed authorization to invoice to

MTA Accounts Payable at e-mail address: MTAAccountsPayable@MTA.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;

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.

mailto:MTAAccountsPayable@MTA.Maryland.gov

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3.3.2 Invoice Submission Schedule

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

a) For items of work for which there is one-time pricing (see Attachment B-1 –Bid Form) those items shall be billed in the month following the acceptance of the work by the Department.

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

a) The amount invoiced is inconsistent with the Contract;

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

c) The invoice or performance is in dispute or 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;

3.4 Liquidated Damages

3.4.1 Pursuant to General Provisions Articles GP-8.02 and GP-8.03, commence work on or before the date specified in the Notice to Proceed (NTP) and complete the specified portions of the work within the timeframe specified in the table below.

3.4.2 In the event that the Contractor fails to complete the specified work within the specified number of days after Notice to Proceed, with the exception of extensions granted by change order, liquidated damages in the amount specified in the table below will be assessed pursuant to General

Provisions Article GP-8.09 for each calendar day the completion of the specified work is delayed.

The Contractor shall pay to the Administration the applicable amount specified and pursuant to

General Provisions Article GP-8.09 as liquidated damages for every additional calendar day in excess of the number of days prescribed. The Administration may deduct the sum of liquidated damages from any monies due or that may become due the Contractor under the Contract, or if such monies are insufficient, the Contractor or sureties thereof shall pay to the Administration any deficiency within 30 calendar days.

Procurement of Materials Duration from NTP Liquidated Damages

Per Calendar Day (CD)

Timber Switch Ties 150 CD $ 1,800.00

3.5 Disaster Recovery and Data

THIS SECTION IS INAPPLICABLE TO THIS IFB.

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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 $5,000,000 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.

b) Workers 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 Auto 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.

3.6.2 MDOT MTA and the State of Maryland must be added as an additional insured & the jurisdiction if their project (Refer to Contract or Right-of-Entry Agreement) on the faces of the certificates associated with the coverages listed above, including umbrella and excess policies, excluding Workers’ Compensation Insurance and Professional Liability.

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3.6.3 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).

3.6.4 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.

3.6.5 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.

3.6.6 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.

3.6.7 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.

3.7 Security Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.8 Problem Escalation Procedure

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.9 SOC 2 Type 2 Audit Report

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.10 Minority Business Enterprise (MBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.11 Veteran Small Business Enterprise (VSBE) Reports

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3.12 Work Orders

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 24-1246 - LR-Timber

Switch Ties), and shall be submitted in writing via e-mail to the Procurement Officer at least five

(5) days prior to the Bid due date or 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 be granted at the Procurement Officer’s discretion.

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt in 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

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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 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 in the Transmittal Letter with the Bid.

4.8.2 The Bids shall be tabulated, or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case, before 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 submitting a responsive Bid with the most favorable total 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

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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 by the Board of Public Works if such approval is required.

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.11 Duration of Bids

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

4.12 Revisions to the IFB

4.12.1 If the IFB is revised before the due date for Bids, the Department shall post any addenda to the

IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

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

4.13 Cancellations

4.13.1 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.13.2 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR

21.01.03.01.A(4).

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

207(b)(2).

4.14 Incurred Expenses

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

4.15 Protest/Disputes

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

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4.16 Bidder Responsibilities

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

4.16.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this

IFB (see Section 4.26 “MBE Participation Goal” and Section 4.27 “VSBE Goal”).

4.16.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g.

insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.16.4 A parental guarantee of the performance of the Bidder under this Section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the

Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.17 Acceptance of Terms and Conditions

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

4.18 Bid/Proposal Affidavit

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

4.19 Contract Affidavit

THIS SECTION IS INAPPLICABLE TO THIS IFB.

4.20 Compliance with Laws/Arrearages

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

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

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4.21 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of

Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West

Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise successful

Bidder from final consideration and recommendation for Contract award.

4.22 False Statements

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

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

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

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

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

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

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

4.23 Payments by Electronic Funds Transfer

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

4.23.1 Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s

Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT)

Registration Request Form.

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

X-10 form may be downloaded from the Comptroller’s website at:

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

DX10Form20150615.pdf.

4.24 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State

Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR

21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Attachment M).

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Additional information is available on GOSBA’s website at:

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

4.25 Electronic Procurements Authorized

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

Electronic Transactions Act, Commercial Law Article, Title 21.

4.25.2 Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or Contract. In the case of electronic transactions authorized by this IFB, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures.

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

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

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

COMAR 21.03.05:

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

1) The IFB;

2) Any amendments;

3) Pre-Bid conference documents;

4) Questions and responses;

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

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

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

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

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 e-mail or through eMMA, 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.

The Bidder or potential Bidder may use eMMA only to:

11) Submit bids.

https://procurement.maryland.gov/

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

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

A. Submission of initial Bids except through eMMA;

B. Filing of bid protests;

C. Filing of Contract claims;

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

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

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

Contract Monitor.

4.26 MBE Participation Goal

There is no VSBE participation goal for this procurement.

4.27 VSBE Participation Goal

There is no VSBE participation goal for this procurement.

4.28 Living Wage Requirements

There is no Living Wage requirement for this procurement.

4.29 Federal Funding Acknowledgement

This Contract does not contain federal funds.

4.30 Conflict of Interest Affidavit and Disclosure

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

(Attachment H) and submit it with its Bid.

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

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

21.05.08.08.

4.30.4 Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md.

Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a

IFB for Maryland Transit Administration Page 15 of 54 request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not:

(1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

4.31 Non-Disclosure Agreement

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

4.32 HIPAA - Business Associate Agreement

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

4.33 Nonvisual Access

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

4.34 Mercury and Products That Contain Mercury

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

4.35 Location of the Performance of Services Disclosure

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

4.36 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

4.37 Small Business Reserve (SBR) Procurement

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

4.38 Bonds

This section is inapplicable to this IFB.

4.39 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All offerors should be aware of how this Act could affect your potential 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 5.4) in one (1) envelope as a single PDF package.

5.2 Labeling

Each Bidder is required to label the sealed Bid with the IFB title and number, name and address of the

Bidder, and closing date and time for receipt of the Bids.

5.3 Bid Price Form

The Bid shall contain all price information in the format specified on the Bid Form. The Bidder shall complete the Bid Form only as provided in the Bid Pricing Instructions and the Bid Form. DO NOT

AMEND, ALTER, OR LEAVE BLANK ANY ITEMS ON THE BID FORM OR INCLUDE

ADDITIONAL CLARIFYING OR CONTINGENT LANGUAGE ON OR ATTACHED TO THE

BID FORM. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Department.

5.4 Required Bid Submission

A Bidder shall include the following with its Bid:

5.4.1 Bidder Information Sheet (see Appendix 2).

5.4.2 Acknowledgement of all addenda to this IFB.

5.4.3 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.

5.4.4 Completed Required Attachments. Submit one (1) copy of each with original signatures:

1) Completed Bid Form (Attachment B-1 – Bid Form);

2) Completed Bid Affidavit (Attachment C); and

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

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

OFFICER OF THE COMPANY AND DATED WITH THE SAME DATE.

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

1) A Signed Statement from the Bidder’s Parent Organization Guaranteeing

Performance of the Bidder. *see IFB section 4.16

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5.4.6 Certificate of Insurance. The Bidder shall provide a copy of its current certificate of insurance showing the types and limits of insurance in effect as of the Bid submission date.

The current insurance types and limits do not have to be the same as described in Section 3.6.

See Section 3.6 for the required insurance certificate submission for the apparent awardee.

5.4.7 Legal Action Summary.

This section does not apply to this IFB.

5.5 Delivery

5.5.1 Bids shall only be accepted via the State’s internet based electronic procurement system, eMMA. Bidders may not mail or hand-deliver Bids.

5.5.2 Bidders shall provide their Bids in one envelope through eMMA following the Quick Reference

Guides (QRG) labelled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

5.6 Documents Required upon Notice of Recommendation for Contract Award

This section is inapplicable to this IFB.

https://procurement.maryland.gov/emma-qrgs/ https://procurement.maryland.gov/emma-qrgs/

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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 21.02.13. All responsible

Bidders will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Bid Price as submitted on the Attachment B-1 - 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

The Purchase Order shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for providing the goods as specified in this IFB. The Total Bid Price will be the lowest price for a ONE-TIME PURCHASE, on

Attachment B-1 - Bid Form.

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 and Appendices.

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7 IFB ATTACHMENTS AND APPENDICES

Instructions Page

A Bid submitted by the Bidder must be…