Statewide Trash Removal and Recycling Contract Solicitation #: 001IT821513 / BPM049082 IFB Document

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STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES

DGS

INVITATION FOR BIDS (IFB)

STATEWIDE TRASH REMOVAL AND RECYCLING

SERVICES

SOLICITATION NUMBER: 001IT821513 / BPM049082

ISSUE DATE: JANUARY 15, 2026

NOTICE TO BIDDERS

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION

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

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Services - Statewide Trash Removal and Recycling Services

Solicitation Number:

BPM049082

IFB Issue Date: January 15, 2026

IFB Issuing Office:

Department of General Services (DGS)

Procurement Officer:

Jessica Knott 301 W. Preston Street M-3 Baltimore, MD 21201

Email:

Phone Number:

jessica.knott@maryland.gov

410-767-7064

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number BPM049082 To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid Conference:

Thursday, January 22, 2026 · 11:00 am – 12:00 pm Local Time Google Meet joining info Video call link: https://meet.google.com/bni-jcyf-smw Or dial: 0065-398-(US) +1 413 PIN: 153 022 759# More phone numbers: https://tel.meet/bni-jcyf-smw?pin=5779081310575

Questions Due Date and Time:

January 27, 2026, 2:00 pm Local Time

Bid Due (Closing) Date and Time:

February 17, 2026; 2:00 pm Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

VSBE

Subcontracting Goal:

N/A mailto:jessica.knott@maryland.gov

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MBE

Subcontracting Goal:

A Minority Business Enterprise (MBE) subcontract participation goal of 15% percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

15% Anne Arundel County

15% Baltimore City

15% Baltimore County

15% Howard County

15% Montgomery County

15% Prince George’s County

0% - All remaining counties

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 4 for information about the MBE program and goals.

Procurement Method:

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Indefinite Quantity with Fixed Unit Prices

Contract Duration:

July 1, 2026 – June 30, 2031, five (5) year base period with two (2) one

(1) year renewal option periods.

Primary Place of Performance:

Statewide

SBR Designation: No

Federal Funding: No

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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 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

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4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

4.19 Attachments and Documents Required with the Bid (Table A)

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. The Bidder shall have a Minimum of three (3) consecutive years of its entity being formed and in business.

B. The Bidder shall have a minimum of three (3) complete and consecutive years of successful trash removal service performance comparable in scope, type, size, magnitude, and complexity within the last ten (10) years, as required in this IFB. The Bidder must provide three (3) references that can substantiate this experience, at the request of the Procurement Officer.

C. The Bidder shall provide with its Bid "Attachment L Reference Checks" with three or more references filled out.

D. The Department reserves the right to request additional references or utilize references not provided by a Bidder.

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 Department of General Services (or the Department) is issuing this Invitation for

Bids (IFB) to procure the services defined in the detailed specifications and scope of work (Section 3.1), as specified in this IFB, from a Contract between the successful bidder(s) and the State.

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(s) and the State. The anticipated duration of services to be provided under this Contract can be found on the IFB Key Information Summary Sheet (pages 2-4).

2.1.3 The Department intends to make multiple awards as a result of this IFB. The Contract Monitor for each agency shall determine which Contractor (one (1) per location) will provide the most economical and efficient service. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

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

2.1.5 The Contract resulting from this solicitation shall be an indefinite quantity with fixed unit prices as defined in COMAR 21.06.03.06

2.1.6 Maryland county, municipal, and other non-state governments or government agencies and not-for-profit organizations within the State of Maryland may purchase from the Contractor for services covered by this Contract at the same prices chargeable to the State. All such purchases by non-State of Maryland governments, government agencies, or not-for-profit organizations:

2.1.6.1 shall constitute Contracts between the Contractor and that government, agency or organization

2.1.6.2 shall not constitute purchases by the State of State agencies under this Contract

2.1.6.3 shall not be binding or enforceable against the State

2.1.6.4 may be subject to other terms and conditions agreed to by the Contractor and the purchaser. The Contractor bears the risk of determining whether or not a government, agency, or organization with which the Contractor is dealing is a State of Maryland agency.

2.1.7 All Contract prices, terms, and conditions must be provided to any Maryland local government or not-for-profit organization requesting services under this Contract.

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

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2.2 Background and Purpose

The State is issuing this solicitation to solicit bids for trash collection and disposal, and recycling services throughout the State of Maryland. The Department of General Services (DGS) has control authority for the procurement of facility maintenance services such as those described in this solicitation.

Prior to 2010, State trash removal contracts were usually bid and awarded for individual agencies or regional groups of facilities within a specific agency. Since then, contracts have been awarded by region or county and extended to other government entities and non-profit organizations in Maryland.

To ensure the availability of services to meet the increased demand, the State intends to award multiple Contractors per county. The State, however, reserves the right to separately procure individual requirements that are the subject of the Contract during the Contract term when deemed by the Director to be in the State’s best interest.

2.2.1 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, A. The Agency shall provide the necessary electrical connection at the required voltage at the sites where any such equipment that requires electrical hook-up is to be located.

2.2.2 Agencies Reserve the Right to:

A. Alter the location or pickup day of any container without incurring any additional fees.

B. Request the placement of additional containers or adjust the frequency of pickup of any container. Any additional pickups, if required, shall be made by the Contractor within 24 hours after being notified by the Contract Monitor or designee. The billing for such increased services shall be at the Contract unit prices.

C. Downsize, upsize, or change the type of container at the Contract prices with no additional fees. If the Contract does not include a unit price for the required size, the Contractor agrees to enter into good-faith negotiations with the DGS Procurement Officer to establish reasonable unit prices.

2.3 Contractor Responsibilities and Tasks

A. General Requirements

1. The Contractor shall provide:

1. Upon request, the Contractor shall submit documentation qualifying the

Project Manager, including a resume, background clearance, and three (3) client references. These documents must reflect at least two (2) years of experience with trash removal supervision for services of the type and size of this IFB. Each reference on the resume must list details of the length of employment, type, and size (square footage) of the buildings serviced by the Supervisor.

2. Provide trash and recycling container rental, hauling, and disposal services to all Agencies and facilities in the awarded Maryland county/counties, including the City of Baltimore as a county equivalent. All equipment, labor, and materials necessary for the proper operation and functionality of these services shall be provided, maintained, and performed by the Contractor.

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3. Possess the necessary licenses and permits to perform trash collection, transportation, and disposal. Contractors shall also provide strict compliance with all federal, State, county, and local environmental regulations. The Contractor shall be responsible for determining and obtaining the necessary permits, licenses, and/or approvals necessary to complete the work and shall make these available to the DGS Procurement Officer prior to commencing work.

4. Not provide pickup and disposal of any medical or hazardous waste under this Contract. These include highly flammable substances, liquid wastes, certain pathological and biological wastes, explosives, toxic materials, radioactive materials, material that the disposal facility is not authorized to dispose of, and other materials deemed by State, federal, or local law to be dangerous or threatening to health or the environment. If the Contractor’s employees discover any such items before pickup, they must remove the item or bring it to the attention of an Agency employee to remove.

B. Agency Utilization

1. Many of the Agencies that may utilize the contract are listed in Appendix 1. This is not intended to include all potential users. Appendix 1 is intended as a guide to indicate the general magnitude of agencies and some indication of their estimated usage. The Contract shall be available to the Agencies and eligible entities as described in Section 2.1.6.

2. The Agencies and their associated equipment need and estimated pickup frequencies are listed in Appendix 1. Estimates are based on historical information. The information is provided as a guide to bidding and is not intended as a commitment and is not warranted. The State is not obligated to use any specific types of equipment or adhere to any defined pickup schedule at any Agency. Each Agency will convey its specific requirements to the Contractor upon its assumption of services under the Contract.

3. Upon the mutual agreement of the State and the Contractor, agencies located outside of the geographic area served by this Contract may receive services under this Contract.

4. The DGS Procurement Officer may allow agency exemption from use of the

Contract on a case-by-case basis. The Contractor shall have no claim against the State for any exemption granted. Also, the DGS Procurement Officer may assign certain Agencies to any county, regardless of agency location, due to the actual location of the Agency with respect to the boundary of the county, upon the mutual agreement of the affected parties.

C. Areas to be Serviced

1. The Contractor will be required to honor any request for service from any Agency within the service area defined by the Contract. The boundaries of the overall area to be covered by Contracts awarded under this solicitation are the boundaries of each county. There are several locations, such as mass transit shops, county health departments, and county social services departments, which cannot be detailed.

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D. Equipment and Supplies

1. In many cases, the containers will be rented from the Contractor. In any case where the State owns the container, the Agency shall not be charged a container rental fee.

This credit will not be calculated in the evaluation formula and is provided for informational purposes.

2. All Containers rented from the Contractor must be in working condition and free of any damage that would hinder performance. The Agency reserves the right to request a replacement container be provided if the Contract Monitor or designee determines the container is below acceptable standards.

3. The Containers provided by the Contractor shall be equipped with workable lids and doors. The containers shall also be properly maintained, painted, kept in a condition acceptable to the Agency, and placed on level ground.

4. Compactors shall be provided with necessary chutes and doghouses where required.

5. All containers must be empty each time they are brought to the facility. Agency representatives are permitted, without obstruction, to inspect all containers upon arrival at and departure from the facility without any advance notice needed.

E. Equipment Maintenance

1. The Contractor shall provide preventive maintenance and all necessary repairs to maintain the rental equipment in a fully operational condition. All costs due to maintenance or repairs shall be the responsibility of the Contractor; this includes, but is not limited to, parts, labor, shipping, and travel.

2. The Contractor is responsible for keeping all containers clean and in good repair.

3. The Contractor shall be obligated to clean the interiors and deodorize the dumpsters when the Contract Monitor, or designee, deems necessary. Any equipment shall be removed from the State property and cleaned professionally as required, and replacement containers shall be provided at no additional cost.

4. If requested by the agency, the contractor shall spray each container for pests (bees and flies) upon emptying it on the regular pickup schedule from May until October.

5. Damaged rental containers and container parts must be repaired or replaced by the Contractor within five (5) working days or upon request by the Using Agency. If a container is estimated to be out of service for more than eight (8) hours, the Contractor shall provide sufficient replacement container units at no additional cost until the container can be repaired.

F. Container Availability

1. Stationary and Mobile Containers should be available in 2, 3, 4, 6, and 8 cubic yard capacities. Commercial roll-off service should be available in 10, 20, 30, and 40 cubic yard capacities, either front or rear load. Compactors should be available in a range of sizes from 10 to 40 cubic yards. Front-load compactors should be available in 6 and 8-cubic-yard capacities.

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2. The State reserves the right to add types and sizes as necessary at mutually agreed upon pricing between the Contractor and DGS Procurement Officer.

3. Individual Agencies will determine the type, size, location, and pickup frequency they require and convey this information to the Contractor.

G. Contractor Responsibilities

1. The Bidder shall designate a proposed Project Manager who has a minimum of two

(2) years of experience supervising trash removal services for facilities similar in type and size to those described in this IFB. The Bidder shall provide, with its Bid, a résumé for the proposed Project Manager and three (3) client references demonstrating such experience. Each reference shall include the length of employment, the type of facility, and the approximate square footage of the serviced buildings.

2. All solid waste removed from the premises by the Contractor must be delivered to a certified landfill, incinerator, or transfer station located in Maryland in accordance with applicable laws. +

3. Pickup days are typically scheduled with the Contractor but may also be requested on an on-call basis. Any changes to pick-up days require advance approval of the Contract monitor or designee. Additional pickups may be required. However, no additional pickups for any area shall be allowed unless specifically requested and authorized by the Contract Monitor or designee. The Contractor shall, within 24 hours after being notified by the Contract Monitor or designee, make additional pickups.

4. The Contractor shall comply with any and all security policies and procedures at a secured facility during the performance of services in this Contract. The Contractor’s employees may be subjected to a search when entering and leaving the secured facility. The Agency, at its sole discretion, may provide a staff employee with an escort with the Contractor and its vehicle(s) to all areas requiring service.

5. The Contractor shall immediately clean up all spillages resulting from its operations during a pickup and before leaving the service location.

6. The Contractor shall provide adequate supervision over the work being performed and will be held solely responsible for the conduct and performance of its employees and others involved in executing this Contract.

7. The Contractor shall maintain its vehicles so as to prevent fluid leaks on Agency property. The Contractor shall be responsible for immediately cleaning up any fluids that leak from its vehicles while on Agency grounds.

8. Where it is determined by the Contract Monitor or designee that the parking lots or grounds have been littered as a result of waste collection activities, the Contractor shall immediately dispatch employees to remove the litter.

9. The Contractor shall participate in an annual business review with the State to discuss performance, contract compliance, and opportunities for improvement. The

IFB for Department of General Services Page 12 of 33 contractor shall provide the requested information and ensure the attendance of personnel with authority to address contract matters.

H. Recycling

1. Upon request, the Contractor shall provide Agencies with separate containers for standard recyclable materials to include standard recyclable materials:

1. Plastic bottles and containers (e.g., bottles, jugs, tubs)

2. Food and beverage cans (e.g., tin, aluminum, steel)

3. Paper (e.g., newspaper, office paper, magazines)

4. Cardboard and paperboard

5. Glass bottles and containers

2. Separate containers specific to the purpose and properly identified shall be provided for recycling of cardboard for those facilities that require that service.

I. Clean Fuel Technology

1. When available and to lower carbon emissions, vehicles used for trash and recycling hauling should be utilized clean fuel technology. The Contractor should make every effort to incorporate this technology as it becomes available.

J. Pickup Receipts and Billing

1. The Contractor shall provide the Agency with an emailed receipt of pick-up tickets if requested by the Contract Monitor or designee. The Contractor shall establish whether the Agency requires receipts before commencement of services.

2. All invoices shall be submitted with a copy of the certified landfill tickets.

3. Where a compactor of roll-off service is required, the Agency will reimburse the Contractor for the actual landfill charges (Tipping Fee) plus any municipal surcharges, if applicable, but exclude taxes for the amount shown on the weight ticket. Tipping fees for compactors and roll-offs are not calculated in the base bid.

4. Charges that appear unreasonable will be researched and challenged, and that portion of the invoice will be held in abeyance until a settlement can be reached.

Upon determining that invoiced charges are not reasonable, the Agency shall promptly notify the Contractor, in writing, of those charges that are considered unreasonable and the basis for the determination.

K. Reporting

1. An annual Contract activity report must be submitted on the anniversary date of the

Contract to the DGS Procurement Officer. The report must contain, at a minimum, identification of the Agencies using the Contract, types and sizes of containers being used by agencies, the frequency of pickup at each Agency and the landfill fees paid for each Agency.

L. Holidays

1. State Holiday that the Contractor shall observe include:

1. New Year’s Day

2. Martin Luther King, Jr. Day

3. President’s Day

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4. Memorial Day

5. Independence Day

6. Labor Day

7. Columbus Day

8. Election Day

9. Veterans Day

10. Thanksgiving Day

11. American Indian Heritage Day

12. Christmas Day

13. All other days authorized by the Governor

2. If a Contractor-observed State Holiday falls on a regularly scheduled pickup day, it will be the Contractor's responsibility to pick up the trash on the next day or at another time required by the Contract Monitor or designee. There will be no extra charge even though this would be a non-scheduled day.

3. Service may be provided on State Holidays with prior approval of the Contract Monitor or designee.

M. Bid Price

1. The bid price shall be the grand total of seven (7) years' cost as calculated in the

Excel Bid Form (Attachment M) for each county. Charges will be based on non-compacted containers or containers not larger than the average weight normally accepted by industry standards. Such as at kitchen locations, unless otherwise indicated in Appendix 2, except that the Bid for compactors and roll-off containers will only include rental and pull/haul fees.

2. Pickup fees for containers of eight (8) cubic yards and smaller must be fully loaded to include rental fees and all associated costs. Container Credits must be provided for Agencies that provide their own container.

3. The Total 8-year Price for each county that is summarized on the Bidder Tab of the Excel Bid Form must be entered on the bid lines in eMMA for each county for which the Bidder is submitting pricing. The complete Bid Form must be submitted as an attachment in Excel Format and as a signed PDF document.

4. Actual award may differ from the Total Contract Amount based on the number of Contractors awarded, but the unit prices will remain the same.

5. One hundred twenty (120) days prior to the end of each year of the Contract, the Contractor may request, in writing, a cost adjustment to be in effect for the subsequent years of the Contract. Any proposed increase in price shall not exceed the rate of inflation as determined by the Consumer Price Index for all urban consumers (CPI-U): U.S. city average, by detailed expenditure category. Water, sewer, and trash collection services published by the Bureau of Labor Statistics at the time of the request.

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2.4 Supplemental Category of Work Requirements and Responsibilities

See the attached BPM049082_FM_ Supplemental associated with this solicitation.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

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

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide 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.

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.

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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.

3.3.1 Invoice Submission Schedule

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

A. Contractor(s) will submit invoices to each respective agency individually, on a monthly basis, for each agency being serviced by the Contractor. The respective Agency Contract Monitor, or designee, will provide mailing information.

B. The invoice for these charges shall include the compactor container ID number plus certified and signed weight tickets including at least the following information printed by the automated weighing equipment at the landfill:

1. Compactor/container identification

2. Disposal site Name

3. Date

4. Time

5. Contractor’s name

6. Net Weight

7. Landfill price per ton (Tipping Fee)

8. Subtotal cost

1. Municipal charge (if any)

9. Grand total cost

C. Each invoice submitted must include a copy of all automatic weight tickets for the compactors and roll-off serviced for the period covered by the invoice.

D. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.2 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 Exhibit 2 - Sample Contract.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

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 Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must

IFB for Department of General Services Page 17 of 33 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 and must include:

A. Contact information B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. 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;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

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

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

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

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year .

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.

3.5 Work Orders

The Blanket Purchase Order (BPO) issued as a result of this solicitation, and any subsequent amendments, modifications or options issued relevant to this solicitation or BPO, complies with all the terms, conditions and specifications issued with this solicitation and is incorporated in and made part of the Contract – see Exhibit 2 - Sample Contract.

3.6 Payments by Electronic Funds Transfer

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

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.

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.

3.7 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., http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf

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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 Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

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

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

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.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

Certain documentation may be available for potential Bidders to obtain electronically or to review hard copies at a location identified by the Procurement Officer. If such documentation is identified, Bidders will be required to sign a Non-Disclosure Agreement in the form of Attachment 3 – Non-Disclosure Agreement (Bidder/Offeror) prior to the documentation being provided by the Procurement Officer.

3.10.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of

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Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.12 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.

3.13 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:

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

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

C. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

D. The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

3.13.2 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to 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 canceled 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.

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

https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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3.13.4 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.13.5 Subcontractor Insurance

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

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (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.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.2 Electronic Means

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 Bond documents determined by the State to require original signatures; or

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

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

“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.

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. 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 participating 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.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

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

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

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

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If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in 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.

4.4.1 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.

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

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

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.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

Bids shall be opened publicly at the time, date and place designated in the Key Information Summary Sheet.

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

4.7 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.

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4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made 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 is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

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

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

4.9.2 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.

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

4.9.4 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 canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.10 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.

4.11 Protest/Disputes

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

4.12 Bidder Responsibilities

4.12.1 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.

4.12.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix or Appendices to this IFB (see “Appendix 4 - MBE Participation Goal” and “Appendix 5 - VSBE Participation Goal”).

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4.12.3 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…