IFB AGY24048MT 04122024.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

(MDOT / MTA)

INVITATION FOR BIDS (IFB)

REBID - TESTING, INSPECTIONS OF FIRE ALARMS,

SPRINKLERS AND CLEAN AGENT SYSTEMS

IFB NUMBER: AGY-24-048-MT

ISSUE DATE: APRIL 12, 2024

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.

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.

Rebid - Testing, Inspections of Fire Alarms, Sprinklers and Clean Agent Systems Solicitation #: AGY-24-048-MT

IFB Document

IFB for MDOT MTA Page ii of 73

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: REBID - Testing, Inspections of Fire Alarms, Sprinklers and Clean Agent Systems Solicitation No: AGY-24-048-MT

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: ________________________________________________________________

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STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

(MDOT / MTA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Maintenance – REBID Testing, Inspections of Fire Alarms, Sprinklers and Clean Agent Systems

Solicitation Number: AGY-24-048-MT

IFB Issue Date: Friday April 12, 2024

IFB Issuing Office: Maryland Department of Transportation Maryland Transit Administration (MDOT / MTA)

Procurement Officer: Tammy Russell 6 Saint Paul Street, 7th floor Baltimore, MD 21202 e-mail:

Office Phone:

trussell@mta.maryand.gov 410.767.3369

Bids are to be sent to: Submit Via eMMA

Pre-Bid Conference: Tuesday April 23, 2024, at 10:00 AM Local Time via TEAMS See Attachment A for directions and instructions.

Questions Due Date and Time Friday April 26, 2024, at 2:00 PM Local Time via email trussell@mdot.maryland.gov

Bid Due (Closing) Date and Time:

Tuesday May 14, 2024, via eMMA at 1:00 p.m. 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, Time and Location

Tuesday May 14, 2024, at 1:30 p.m. Local Time via Bid Tabulation http://emma.maryland.gov

Contract Type: Firm Fixed Price

Contract Duration: Five (5) years base period with no option periods.

Primary Place of Performance:

Various designated MDOT MTA Bus Tower sites and Bus Divisions and Facilities locations

MBE Subcontracting Goal: 5%

SBR Designation: Yes

Federal Funding: No mailto:trussell@mta.maryand.gov

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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 Scope of Work

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Insurance Requirements

3.6 Security Requirements

3.7 Problem Escalation Procedure

3.8 SOC 2 Type 2 Audit Report

3.9 Minority Business Enterprise (MBE) Reports

3.10 Veteran Small Business Enterprise (VSBE) Reports

3.11 Work Orders

3.12 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 Nonvisual Access

4.33 Mercury and Products That Contain Mercury

4.34 Location of the Performance of Services Disclosure

4.35 Department of Human Services (DHS) Hiring Agreement

4.36 Small Business Reserve (SBR) Procurement

4.37 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

5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

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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

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

1.1.1 The Bidder shall have five (5) years of experience in the performance of Commercial Testing, Inspections, of Fire Alarms, Sprinklers, Clean Agent Systems, and associated fire detection systems on a scale like that required in this Scope of Work. As proof of meeting this requirement, the Bidder shall provide with its Bid three (3) references to include company name, supervisor name, phone number, e-mail address, length of service, and scope of work performed for the company.

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 Department of Transportation Maryland Transit Administration (MDOT MTA) or the "Administration” 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 MDOT MTA for the procurement of Testing, Inspections of Fire Alarms, Sprinklers and Clean Agent Systems.

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 MDOT MTA 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.

2.1.5 Maryland State and local entities as defined in Finance and Procurement §13-110(a) and nonprofit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or nonprofit entities:

Shall constitute Contracts between the Contractor and that entity;

Shall not constitute purchases by the State or State agencies under the Contract;

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.6 All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Background and Purpose

2.2.1 The State is issuing this solicitation for the purposes of establishing a contract for the testing, Inspections, of Fire Alarms, Sprinklers, Clean Agent Systems, and associated fire detections systems. Actuation tests to be performed annually. The Contractor shall supply all necessary labor, materials, equipment, and incidentals necessary to perform the inspection, testing, certification, and servicing of all Fire alarm and Sprinkler Systems, maintenance, and monitoring at various designated MDOT MTA Bus Tower sites and Bus Divisions and Facilities locations.

2.3 Scope of Work

2.3.1 The Contractor shall provide routine inspection, service, and emergency repairs of Fire Sprinkler

Systems (System) at five (5) MDOT MTA Tower Sites and four (4) MDOT MTA Bus Divisions which will cover all Transportation Building(s), and Maintenance Shop(s), located at each of the four (4) divisions. The following scope of work will be performed as stated. Locations are listed on Appendix “A”. The equipment types and frequencies are listed on the Contractor’s bid form.

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2.3.1.1 Inspect the system to ensure that the system is in service, performing and functioning properly, meeting conditions in accordance with National Fire Protection Agency (NFPA) and local municipality fire code standards.

2.3.1.2 Identify potentially detrimental site conditions that could compromise the performance of mechanical and/or electronic components of the system.

2.3.1.3 Inspect for adequate clearance and condition of the sprinkler heads to allow for proper activation and distribution flow.

2.3.1.4 Inspect and perform required water-flow tests for each system from main drain and inspector's test valve, weather permitting. (In case of inclement weather, technician will reschedule for earliest possible date.)

2.3.1.5 Inspect the Fire Department connection couplings, caps, threads and clappers, check valves and drains.

2.3.1.6 Inspect and test fire sprinkler and alarm components for satisfactory conditions and operation.

2.3.1.7 Check the reserve supply of sprinkler heads.

2.3.1.8 Inspect and test the operation system air compressors for proper activation and cut off.

2.3.1.9 Inspect the deluge or pre-action valves according to the manufacture’s specifications, including interior checks of the valve body, clapper, facing and latching mechanism.

2.3.1.10 Clean pilot lines and solenoid strainers thoroughly.

2.3.1.11 Disassemble the solenoid release and inspect and clean the interior.

2.3.1.12 Test all low-pressure alarms, supervisory circuits, and auxiliary functions for proper operation.

2.3.1.13 Tag devices and perform all required record-keeping in accordance with NFPA and local municipality fire code standards.

2.3.1.14 Compile a complete report of the inspections, explaining deficiencies and recommending corrective action to be taken in accordance with recognized codes for care and maintenance.

2.3.1.15 As described in NFPA 25, low-point drains in dry, pre-action and deluge systems shall be drained after each operation and before the onset of freezing weather. Contractor shall be responsible for the inspection and draining of these low points to comply with NFPA requirements by providing additional services for tripping of the system due to freezing.

2.3.1.16 Provide list of Fire Alarm Code Panels (FACP), monitoring company, and location of each facility to the Project Manager or approved designee.

2.3.1.17 Provide quarterly pressure test for exterior (outdoor) systems to maintain permeance and integrity of compressors.

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2.3.1.18 Test and drain all hose bibs quarterly at stations with exterior (outdoor) sprinkler systems.

2.3.1.19 During the fourth (4th) quarter inspections, perform elevator testing to ensure emergency elevator functions are activated when sprinkler system is activated. Provide Maryland Department of Labor, Licensing, and Regulations (DLLR) the paperwork of successful testing at stations with elevators. MDOT MTA Bus shall coordinate scheduling with elevator company.

2.3.2 Repairs of Items/Parts Found Defective:

2.3.2.1 The Bidder shall submit a price proposal on any such items/parts found defective before doing any repair work; unless required repairs are as specified herein and are at no additional cost to the contract.

2.3.2.2 Any repair work done without written authorization approval from the Contract Project Manager shall not be paid.

2.3.3 Additional Services and Repair (Non-Routine Task)

2.3.3.1 Any emergency repairs, parts, or services, which are required, shall be brought to the attention of the MDOT MTA.

2.3.3.2 Repairs shall only be made after proper written authorization from a representative of

MDOT MTA.

2.3.3.3 All authorized repairs shall be covered by a standard labor and parts warranty of no less than one year.

2.3.3.4 A company representative must be available 24/7 in case of a system emergency. A maintenance representative must be able to arrive at the station/facility of the emergency within two (2) hours of being contacted.

2.3.4 Travel Time

2.3.4.1 All labor shall be billed from the time bidder’s employee arrives at the MDOT MTA location and the time of departure from the MDOT MTA location.

2.3.4.2 The MDOT MTA will not accept nor authorize payment for travel time or expenses of service of personnel to any of MDOT MTA locations.

2.3.4.3 The only billable time will be for service work performed.

2.3.5 Inspection and Termination of Contract

2.3.5.1 The quality of service shall be subject to inspection by a designated MDOT MTA representative at any time.

2.3.5.2 Should it be found that the quality of service being performed is not satisfactory, and that the requirements of the specifications are not being met, the director of Purchasing or designee, may terminate the contract, giving thirty (30) days prior written notice.

2.3.6 Duration of Contract

2.3.6.1 This Contract is for a period of five years.

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2.3.6.2 All tasks must be started within ten days following notice to proceed with each inspection at each facility.

2.3.6.3 The date of notice to proceed will be at the direction of the MDOT MTA Contract Project Manager or approved designee.

2.3.7 Reports

2.3.7.1 The bidder shall file with the designated MDOT MTA representative, a copy of the daily work ticket for all work completed. This can be transmitted via fax, e-mail, or hand delivery.

The work ticket shall include (but not be limited to) the address of the site where the work was performed, the number of units serviced, and any parts or materials not covered under this contract.

2.3.8 Damages

2.3.8.1 The bidder shall be responsible for all damages occurring to State property, facilities, grounds, equipment and furnishings, personal property, vehicles, or any other articles damaged because of the Contractor’s employee’s activities, vehicles, chemicals, etc. while performing work under this Contract. Any such Damages shall be repaired/restored/replaced to the full satisfaction of the MDOTMTA Project Manager at no additional cost to the State.

2.3.9 Other State Responsibilities

a) The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified.

b) The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work and will provide such additional assistance and services as is specifically set forth.

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APPENDIX “A”

Testing, Inspections of Fire Alarms, Sprinklers, and Clean Agent Systems Locations

Request for Testing, Inspections of Fire Alarms, Sprinklers, and Clean Agent Systems (and associated fire detection systems) for five (5) years located at MDOT MTA Tower Sites, Bus Facilities, Maintenance, and Transportation Divisions listed below. (Actuation test to be performed annually). System types and Frequencies are listed on the Bid Form.

Locations of the Fire Alarms, Sprinklers, and Clean Agent Systems (and associated fire detection systems) to be serviced are:

1. Tower Sites

• 3700 Mountain Road, Pasadena, Maryland 21122

• 3900 Hooper Avenue, Baltimore, Maryland 21211

• 5901 Baltimore National Pike, Baltimore, Maryland 21228

• 11709 Jennifer Road, Timonium, Maryland 21093

• 1515 Washington Blvd., Baltimore, Maryland 21230

2. Maintenance Building #1 – Kirk Division

• 2301 Kirk Avenue, Baltimore, Maryland 21212

3. Transportation #2 – Kirk Division

• 2300 Kirk Avenue, Baltimore, Maryland 21212

4. Transportation Building – Northwest Division

• 4401 Mount Hope Drive, Baltimore, Maryland 21215

5. Maintenance Building – Northwest Division

• 4401 Mount Hope Drive, Baltimore, Maryland 21215

6. Maintenance Shop – Eastern Division

• 201 South Oldham Street, Baltimore, Maryland 21224

7. Transportation Building – Eastern Division

• 201 South Oldham Street, Baltimore, Maryland 21224

8. Building 1 – 14 – Bush Division

• 1515 Washington Blvd., Baltimore, Maryland 21230

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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 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 60 days prior to the Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

a) Provide additional services and support as requested to successfully complete the transition;

b) Maintain the services called for by the Contract at the required level of proficiency;

c) Provide updated System Documentation (see Appendix 1), as appropriate; and

d) Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

a) The Contractor shall provide a draft Transition-Out Plan 120 Business Days in advance of Contract end date.

The Transition-Out Plan shall address at a minimum the following areas:

1) Any staffing concerns/issues related to the closeout of the Contract;

2) Communications and reporting process between the Contractor, the MDOT MTA and the Contract Monitor;

3) Security and system access review and closeout;

4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the MDOT MTA or a designee;

5) Any final training/orientation of MDOT MTA staff;

6) Connectivity services provided, activities and approximate timelines required for Transition-Out;

7) Knowledge transfer, to include:

a) A working knowledge of the current system environments;

b) Review with the MDOT MTA the procedures and practices that support the business process and current system environments;

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c) Working knowledge of all technical and functional matters associated with the solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

9) Any risk factors with the timing and the Transition-Out schedule and transition process.

The Contractor shall document any risk factors and suggested solutions.

3.3 Invoicing

3.3.1 General

a) The Contractor shall send or e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and also : mtaaccountspayable@mdot.maryland.gov

All invoices for services shall be submitted by the 15th of each month.

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 MDOT MTA reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the MDOT MTA 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 MDOT MTA, 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.

mailto:mtaaccountspayable@mdot.maryland.gov

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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 –Bid Form) those items shall be billed in the month following the acceptance of the work by the MDOT MTA.

b) For items of work for which there is annual pricing, see Attachment B–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

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

MBE liquidated damages are identified in Attachment M Liquidated Damages other than MBE.

3.5 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:

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

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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.

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) Professional Liability Insurance, in an amount not less than $1,000,000 per claim and $3,000,000 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 State shall be listed as an additional insurer on the faces of the certificates associated with the coverages listed above, including umbrella and excess policies, excluding Workers’ Compensation Insurance and Professional Liability.

f) 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

IFB for MDOT MTA Page 11 of 73 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).

g) 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.

h) 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 Security Requirements

The following requirements are applicable to the Contract:

3.6.1 Employee Identification

a) Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

b) Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

c) Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein.

d) The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

3.6.2 Security Clearance / Criminal Background Check

a) A criminal background check for any Contractor Personnel providing on-site or any list specific services/roles impacted shall be completed prior to each Contractor Personnel providing any services under the Contract.

b) The Contractor shall obtain criminal background checks on candidates it sends for employment at the MDOT MTA. At a minimum, these checks must contain convictions and probation before

IFB for MDOT MTA Page 12 of 73 judgment (PBJ) pleadings within the State of Maryland. This check may be performed by a public or private entity.

c) The Contractor shall provide certification to the MDOT MTA that the Contractor has completed the required criminal background check described in this IFB for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

d) Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

e) The CJIS criminal record check of each Contractor Personnel who will work on State premises shall be reviewed by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

1) §§ 6-101 through 6-104, 6-201 through 6-205, 6-409 (various crimes against property);

2) any crime within Title 7, Subtitle 1 (various crimes involving theft);

3) §§ 7-301 through 7-303, 7-313 through 7-317 (various crimes involving telecommunications and electronics);

4) §§ 8-201 through 8-302, 8-501 through 8-523 (various crimes involving fraud);

5) §§9-101 through 9-417, 9-601 through 9-604, 9-701 through 9-706.1 (various crimes against public administration); or

6) a crime of violence as defined in CL § 14-101(a).

f) A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

3.6.3 On-Site Security Requirement(s)

a) For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

2) Some State sites, especially those premises of the Department of Public Safety and Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the Contractor Personnel will again present the inventory list and the tools or equipment for inspection.

Upon both entering the site and leaving the site, State staff or a correctional or police

IFB for MDOT MTA Page 13 of 73 officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

b) Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the MDOT MTA may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the MDOT MTA.

c) Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

3.6.4 Security Incident Response

A. The Contractor shall notify the MDOT MTA in accordance with Section 3.7.9A-D when any Contractor system that may access, process, or store State data or State systems experiences a Security Incident or a Data Breach as follows:

1) notify the MDOT MTA within twenty-four (24) hours of the discovery of a Security Incident by providing notice via written or electronic correspondence to the Contract Monitor, MDOT MTA chief information officer and MDOT MTA chief information security officer;

2) notify the MDOT MTA within two (2) hours if there is a threat to Contractor’s solution as it pertains to the use, disclosure, and security of State data; and

3) provide written notice to the MDOT MTA within one (1) Business Day after Contractor’s discovery of unauthorized use or disclosure of State data and thereafter all information the State (or MDOT MTA) requests concerning such unauthorized use or disclosure.

B. Contractor’s notice shall identify:

1) the nature of the unauthorized use or disclosure;

2) the State data used or disclosed,

3) who made the unauthorized use or received the unauthorized disclosure;

4) what the Contractor has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure; and

5) what corrective action the Contractor has taken or shall take to prevent future similar unauthorized use or disclosure.

6) The Contractor shall provide such other information, including a written report, as reasonably requested by the State.

C. The Contractor may need to communicate with outside parties regarding a Security Incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the Contract. Discussing Security Incidents with the State should be handled on an urgent as-needed basis, as part of Contractor communication and mitigation processes as mutually agreed upon, defined by law or contained in the Contract.

D. The Contractor shall comply with all applicable laws that require the notification of individuals in the event of unauthorized release of State data or other event requiring notification, and, where notification is required, assume responsibility for informing all such

IFB for MDOT MTA Page 14 of 73 individuals in accordance with applicable law and to indemnify and hold harmless the State (or MDOT MTA) and its officials and employees from and against any claims, damages, and actions related to the event requiring notification.

3.7 Problem Escalation Procedure

3.7.1 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.

3.7.2 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.

3.7.3 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.

3.7.4 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.

3.8 SOC 2 Type 2 Audit Report

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

3.9 Minority Business Enterprise (MBE) Reports

If this solicitation includes an MBE Goal (see Section 4.26), the Contractor shall:

a) Submit the following reports by the 10th of each month to the Contract Monitor and the MDOT MTA’s MBE Liaison Officer:

1) A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D-4A) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and

IFB for MDOT MTA Page 15 of 73

2) (If Applicable) An MBE Prime Contractor Report (Attachment D-4B) identifying an MBE prime’s self-performing work to be counted towards the MBE participation goals.

b) Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment D-5) by the 10th of each month to the Contract Monitor and the MDOT MTA’s MBE Liaison Officer that identifies the Contract and lists all payments to the MBE subcontractor received from the Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amounts of those invoices.

c) Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, type of work performed by each, and actual dollar value of work performed. Subcontract agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

d) Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the MBE participation obligations. Contractor must retain all records concerning MBE participation and make them available for State inspection for three years after final completion of the Contract.

e) Upon completion of the Contract and before final payment and release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.

3.10 Veteran Small Business Enterprise (VSBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB

3.11 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.12 Additional Clauses

3.12.1 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.

3.12.2 No-Cost Extensions

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

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

IFB for MDOT MTA Page 16 of 73

4 Procurement Instructions

4.1 Pre-Bid Conference

4.1.1 A pre-Bid conference (Conference) will be held at the date, time, and location indicated on the

Key Information Summary Sheet.

4.1.2 Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

4.1.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the requirements of the contract and the MBE Goal.

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

4.1.5 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

4.1.6 Those wishing to attend the web conference may request a meeting invitation by emailing Tammy Russell at trussell@mdot,maryland.gov no later than 2:00 PM on Monday April 22, 2024. An invitation e-mail is required for registration, and therefore attendance. Upon receipt of the email, the Procurement Officer will reply with a registration email with a link that may be used to register for the conference.

4.1.7 A site visit is to be determined (TBD). All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids.

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 (AGY-24-048-MT – REBID - Testing, Inspections of Fire Alarms, Sprinklers and Clean Agent Systems), and shall be submitted in writing via e-mail to the Procurement Officer…