IFB BPM058570.pdf

Commercial Doors and Window Replacement at the Victor Cullen Center Solicitation #: BPM058570

IFB Document

Page 1 of 36 IFB for Maryland Department of Juvenile Services

STATE OF MARYLAND

MARYLAND DEPARTMENT OF JUVENILE SERVICES

(DJS)

INVITATION FOR BIDS (IFB)

COMMERCIAL DOORS AND WINDOW REPLACEMENT AT THE

VICTOR CULLEN CENTER (VCC)

IFB NUMBER: BPM058570

ISSUE DATE: 9/7/2026

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/

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the 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. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

Solicitation #: BPM058570

Page 2 of 36 IFB for Maryland Department of Juvenile Services

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Maintenance – Commercial Doors and Window Replacement at the Victor Cullen Center

Solicitation Number:

BPM058570

IFB Issue Date: 9/7/2026

IFB Issuing Office:

Maryland Department of Juvenile Services (DJS or Department)

Procurement Hasan McMillan Officer: 217 East Redwood Street

Baltimore, MD 21202 21234

Email: hasan.mcmillan@maryland.gov

Phone Number: 443-310-3489

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

BPM058570

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:

9/17/2026 at 9 a.m. Local Time, at Victor Cullen Center, 6000 Cullen Drive, Sabillasville, MD 21780. Bidders are to meet in the Maintenance Office.

See Section 4.3 for additional details.

See Attachment 2 to RSVP by 9/16/2026 mailto:hasan.mcmillan@maryland.gov

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Scheduled Site Visit

9/17/2026 at 9:30 a.m. Local Time

Site Visit Location: Victor Cullen Center, 6000 Cullen Drive, Sabillasville, MD 21780. Bidders are to meet in the Maintenance Office.

To attend the site visit please contact the Procurement Officer via Email no later than 9/16/2026.

Questions Due Date and Time:

9/21/26 by 3 p.m. Local Time TBD

Bid Due (Closing) Date and Time:

9/29/2026 at 1 p.m. Local Time TBD 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).

Public Bid Opening Date, Time, and Location

9/29/2026 at 2 p.m. Local Time

Link to virtual meeting. meet.google.com/njm-gxij-kjn

MBE

Subcontracting Goal:

An overall Minority Business Enterprise (MBE) subcontract participation goal of 10 % percent of the total contract dollar amount, including all renewal option terms, if any, have been established for this procurement.

The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of 0 % Not Applicable Refer to Exhibit 1 for information on how goal setting was determined. Also, refer to Appendix 5 for information about the VSBE program and goals.

Procurement Method:

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

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Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Firm fixed price

Contract Duration:

Upon job completion no later than 6/30/2026.

Primary Place of Performance:

Victor Cullen Center, 6000 Cullen Drive, Sabillasville, MD 21780.

SBR Designation: Yes

Federal Funding: No

Solicitation #: BPM058570

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Table of Contents - IFB

Contents

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.1 Project Goals

2.3 Contractor Responsibilities and Tasks

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.3.1 Invoice Submission Schedule

3.3.2 Deliverable Invoicing

3.3.3 Labor Hour/Time and Materials Invoicing

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

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

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

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3.11 Maryland Healthy Working Families Act Requirements

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

(EPPs) 21

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

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

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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)

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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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 five (5) years of experience installing commercial windows and doors. Required

Documentation: The Bidder shall provide with its Bid three or more references from the past five years that collectively are able to attest to the Bidder’s required years of experience in providing the work outlined in the IFB.

B. The Bidder shall be certified by the Maryland Department of Labor as a home improvement contractor.

Required Documentation: The Bidder shall provide with its Bid a current license issued by the Maryland Department of Labor evidencing the Bidder’s certification as a home improvement contractor.

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

Each Reference must include:

a. Name and complete address of business or company

b. Name of the contact person, email address, and current phone number

c. Term and length of each contract

d. Size and type of facility (square footage)

e. Type of services provided

f. Contract value

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder and the State of Maryland (State), Department of Juvenile Services (Department or DJS), namely:

removing and installing commercial doors and windows at the Department’s Victor Cullen Center (VCC).

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.

2.1.2 This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

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

2.2 Background and Purpose

The VCC, located at 6000 Cullen Drive, Sabillasville, MD 21780, is a secure treatment facility for DJS youth. The facility comprises eight (8) buildings. The program provides dietary, treatment, medical, educational, and counseling services. The Department is seeking bids for the removal and installation of commercial doors and windows at the facility.

The Contractor shall furnish all supplies, materials, labor, supervision, tools, equipment, insurance, incidentals, and permits required for the replacement of existing commercial doors, frames, hardware, and windows at VCC. All work shall comply with applicable building codes, ADA requirements, fire-rating standards, and manufacturer specifications.

2.2.1 Project Goals

Replace outdated doors and windows at VCC with high-performance commercial grade, modern units to enhance the building’s energy efficiency, security, and appeal.

2.3 Contractor Responsibilities and Tasks

2.3.1 Demolition & Removal

2.3.1.1 Remove and replace existing doors, frames, windows, glazing systems, and all associated hardware as specified in Appendix 3.

2.3.1.2 Carefully detach anchors, fasteners, and sealants without damaging adjacent construction.

2.3.1.3 Protect surrounding finishes, walls, and flooring during demolition.

2.3.1.4 Dispose of all removed materials off-site in accordance with regulations.

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2.3.1.5 Provide temporary closures or barriers to maintain building security and weather protection.

2.3.2 Preparation of Openings

2.3.2.1 Inspect rough openings for structural integrity and code compliance.

2.3.2.2 Modify, repair, or reinforce openings as required for new installations.

2.3.2.3 Ensure all openings are plumb, level, square, and properly sized.

2.3.2.4 Install additional framing, blocking, or supports as needed.

2.3.3 Door & Frame Installation

2.3.3.1 Furnish and install new commercial-grade doors (hollow metal, aluminum, or glass as specified) See Appendix 3

2.3.3.2 Furnish and install new frames (welded or knock-down) including anchors and reinforcements.

2.3.3.3 Install frames plumb, level, and securely anchored to adjacent construction.

2.3.3.4 Grout frames were required.

2.3.3.5 Install fire-rated door and frame assemblies where specified, including labeled components.

2.3.4 Hardware Installation

2.3.4.1 Furnish and install all door hardware, including but not limited to:

2.3.4.1.1 Hinges Door closers Panic/exit devices

2.3.4.1.2 Locksets, cylinders, and keying systems

2.3.4.1.3 Pulls, handles, and push plates

2.3.4.1.4 Stops, holders, and coordinators

2.3.4.1.5 Weather stripping

2.3.4.1.6 Thresholds

2.3.4.1.7 Lights

2.3.4.1.8 Install hardware in accordance with approved hardware schedule and manufacturer instructions.

2.3.4.1.9 Adjust and lubricate all hardware to ensure smooth and proper operation.

2.3.4.1.10 Coordinate keying with Owner’s requirements (master key system if applicable).

2.3.5 Window Installation

2.3.5.1 Furnish and install commercial-grade windows (fixed, operable, storefront, or curtain wall systems as specified) See Appendix 3.

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2.3.5.2 Install glazing, including insulated or safety glass where required.

2.3.5.3 Secure windows properly to the structure with appropriate anchoring systems.

2.3.5.4 Ensure units are plumb, level, and properly aligned.

2.3.5.2 Glazing & Weatherproofing

2.3.5.2.1 Install glazing systems in accordance with manufacturer recommendations.

2.3.5.2.2 Provide flashing, waterproof membranes, and air barriers at all openings.

2.3.5.2.3 Apply sealants at interior and exterior perimeters to ensure watertight and airtight installation.

2.3.5.2.4 Ensure compliance with energy codes and thermal performance requirements.

2.3.5.3 Finishes & Restoration

2.3.5.3.1 Patch, repair, and refinish adjacent surfaces disturbed by installation (drywall, masonry, trim, siding, etc.).

2.3.5.3.2 Touch-up or repaint frames and surrounding finishes as required to match existing conditions.

2.3.5.4 Cleanup

2.3.5.4.1 Maintain clean and organized work areas throughout the project.

2.3.5.4.2 Remove all debris, excess materials, and packaging daily or as required.

2.3.5.4.3 Perform final cleaning of all installed doors, frames, hardware, and windows.

2.3.5.5 Testing & Adjustment

2.3.5.5.1 Test all doors for proper alignment, latching, and smooth operation.

2.3.5.5.2 Verify proper function of all hardware components.

2.3.5.5.3 Test windows for operation, sealing, and weather resistance.

2.3.5.5.4 Make all necessary adjustments to ensure full functionality.

2.3.5.6 Inspection & Compliance

2.3.5.6.1 Ensure all installations comply with:

2.3.5.6.1.1 Local and state building codes

2.3.5.6.1.2 ADA accessibility requirements

2.3.5.6.1.3 Fire and life safety codes (NFPA where applicable)

2.3.5.6.2 Coordinate and support required inspections.

2.3.5.7 Warranty & Closeout

2.3.5.7.1 Provide manufacturer warranties for doors, frames, windows, and hardware.

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2.3.5.7.2 Provide minimum one (2) year workmanship warranty.

2.3.5.7.3 Submit closeout documentation including:

2.3.5.7.3.1 Product data and shop drawings

2.3.5.7.3.2 Hardware schedules and keying information

2.3.5.7.3.3 Maintenance manuals and warranty certificates

2.3.5.8 Safety Requirements

2.3.5.8.1 Comply with all OSHA regulations and site safety requirements.

2.3.5.8.2 Provide necessary PPE and fall protection where required.

2.3.5.8.3 Secure work areas to protect occupants, especially in occupied buildings.

2.4 State Staff and Roles

2.4.1 In addition to the Procurement Officer and Contract Monitor, there will be a DJS Project Manager responsible for the following:

2.4.1.1 Permitting access to buildings, parking and utilities.

2.4.1.2 Coordinating with the Contractor to ensure work is completed per the Contract’s requirements.

2.4.1.3 Inspecting all work to ascertain that work has been satisfactorily accomplished per the Contract’s requirements.

2.4.2 Other State Responsibilities

2.4.2.1 The State will provide normal office work facilities and equipment reasonably necessary for Contractor performance under the Contract.

2.5 Materials, Supplies, and Equipment

2.5.1 The Contractor shall be responsible for the coordination, off-loading and proper storage of all materials, supplies and equipment up until the time of final inspection.

2.5.2 Brand name or equal specifications used in this solicitation are for the purpose of describing the standard of quality, performance, and a characteristic desired, and are not intended to limit or restrict competition. Any offer which offers equal quality, design, or performance will be considered if the product offered is identified in the bid, including sufficient technical information, and is determined by the State to be an equal in all material respects to the brand name product referenced in the solicitation.

2.5.3 Materials, equipment and supplies shall be stored in a safe place out of the way of traffic operations. The Department shall designate the storage site location prior to the storage of any on-site materials and equipment.

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2.5.4 Upon removal of materials, supplies and equipment the Contractor shall restore the area to its original pre-construction condition and to the satisfaction of the DJS Project Manager.

2.5.5 All materials supplies and equipment are subject to the inspection and approval of the DJS Project Manager.

2.5.6 The Contractor shall provide any materials supplies and equipment not specifically mentioned but reasonably implied or necessary for the complete safe and satisfactory completion of the project as if specified herein.

2.6 Description of Work

2.6.1 All work shall be performed to minimize disruption to the facility operations. The Contractor shall maintain accessibility for employee/public traffic to the facility throughout the duration of the project.

2.6.2 Bidders must refer to Appendix 3 for the detail list of the specifications including the number of doors, windows, and sizes for each building at VCC.

2.6.3 It is the contractor's responsibility to verify all counts, sizes and measurements listed in the solicitation.

2.6.4 The Contractor shall provide and install barricades, signs, etc. necessary to ensure public safety at all areas during construction operations as approved by the state representative.

2.6.5 Throughout the entire project, the Contractor shall maintain the work site in a safe, neat and orderly manner. The Contractor shall take steps to prevent accumulation of debris at the site and shall remove all spoils and unused material from the site. Disposal of all materials shall be in accordance with all applicable laws, codes and regulations.

2.6.6 All work associated with this project is to be performed between the hours of 7:00 am and 3:30 pm Monday- Friday excluding Holidays.

2.7 Rules for Contractor

2.7.1 It is a violation of Maryland Law for any person to bring in or take out of this facility anything for juveniles at the facility. It is also a violation of law to possess in the confines of the facility and the parking lot any item of contraband, any alcoholic beverage, any drug, or any item that would assist in the escape of a juvenile. Any Contractor employee found in violation will not only be barred from further entry to the facility but also will be referred to the Maryland State Police for criminal prosecution.

2.7.2 All workers must check in and out at the Control Center and/or the Gate House Security Officer. Only vehicles necessary for construction will be permitted within the facility. Access must be prearranged with the Managing Director or designee. All vehicles permitted within the perimeter of the facility are subject to inspection and/or search and must always be secure, including use of a club on the steering

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2.7.3 All workers will remain away from juveniles and will not engage in conversation with them. Any attempt by juveniles to establish contact shall be immediately reported to the Managing Director or designee.

2.7.4 Work and storage areas will be designated by the Facility. Work and storage of materials outside these areas requires the approval of the Managing Director.

2.7.5 Accumulations of trash and debris, etc. will not be permitted. The Contractor must remove trash at the end of each workday.

2.7.6 All cutting tools such as hacksaws, saw-all, each with blades (new and used) must be carefully protected to avoid falling into the hands of juveniles. Used hacksaw blades must be accounted for and disposed of away from the Institution. ALL CUTTING

IMPLEMENTS MUST BE RIGIDLY ACCOUNTED FOR AT ALL TIMES.

2.7.7 Any mud, dirt, etc. carried onto buildings must be cleaned daily. Any damage to areas outside the contract area must be satisfactorily repaired.

2.7.8 Work to be performed within buildings where juveniles may be present will require facility Security Supervision. Scheduling of such work should be prearranged with Facility Management.

2.7.9 No smoking is allowed on the premises. Matches/lighters and tobacco products of any kind are considered contraband and will not be allowed on the premises.

2.8 Site Visit

2.8.1 It is encouraged that all prospective bidders attend the pre-bid conference and familiarize themselves with all requirements for the project.

2.8.2 Please note the date and time of the pre-bid meeting (see Page 2; Key Information Summary Sheet). At this meeting, Contractors will have an opportunity to access the work site and have questions answered by State representatives.

2.8.3 Any site visits requiring access to the interior of the building (other than the pre-bid meeting) shall be coordinated in advance

2.9 Operating Hours

All work that does not interfere with normal facility operations shall be performed during normal business hours (7:00 a.m. to 3:30 p.m.), Monday through Friday. Work which requires shutdown, emergency, or overtime work shall be coordinated with the DJS Project Manager and/or Contract Monitor.

2.10 Local Conditions Covering Work

The Contractor shall cooperate with those in authority on the premises, to prevent the entrance and exit of all unauthorized workmen, or others whose presence is prohibited or undesirable.

The successful bidder shall repair all damage he/she may cause to the building or property to the full satisfaction of the DJS Project Manager.

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2.11 Service Records

It shall be the responsibility of the Contractor’s personnel to log in and out upon arrival at the building. In a manner and method prescribed by the DJS Project Manager. He/she should provide a service ticket indicating adjustments made, and part(s) replaced on each inspection, or emergency call shall be left with the DJS Project Manager.

2.12 Kick-Off Conference

2.12.1 Prior to the successful bidder of this contract moving on site to engage in actual work, the Contractor shall meet with the DJS Project Manager, and/or Contract Monitor or his/her Designee for a Kick-Off Conference.

2.12.2 The Kick-Off Conference is intended to provide the Contractor with:

2.12.2.1 An orderly introduction to the requirements of the Department and Building Management with regards to the expectations of DJS Management from the Contractor within the terms, conditions and specifications for the Contract.

2.12.2.2 Any discussion of the requirements in the contract documents that either party may find confusing and unclear regarding the meaning or intent of the contract, either as a whole or in part, therein.

2.13 State Holidays

2.13.1 The Department observes State Holidays; therefore, the Contractors are not expected to work, except where previously arranged. The Contractor may check the Department of Budget and Management’s website for State holidays at www.dbm.maryland.gov.

2.13.2 All other additional holidays authorized by the Governor, plus official general election holidays will be observed. Publicly announced days off (including full or part days), such as inclement weather, as declared by the Governor, County authorities or other duly responsible authorities, will be observed.

2.14 Changes to the Scope of Work

Any changes to the scope of work shall be approved by a change order issued by the Procurement Officer. On the designated effective date, the Contractor shall make the required changes in its operations. Upon receiving notice of any change, the Contractor’s monthly invoice will be adjusted to reflect the value of the change in services under the Contract, as applicable.

http://www.dbm.maryland.gov/

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2.15 Supplemental Category of Work Requirements and Responsibilities

See the attached Facilities Maintenance 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 hours or time and material items shall clearly identify each item as either fixed price, and labor hours, 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

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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.

3.3.1 Invoice Submission Schedule

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

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

3.3.2 Deliverable Invoicing

Not Applicable

3.3.3 Labor Hour/Time and Materials Invoicing

Not Applicable

1. Timesheet Reporting

Not Applicable

2. Materials Reporting

Submit evidence to support the cost of materials and that billing on the invoice is consistent with the requirements stated in Section 2 of the IFB.

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

• The amount invoiced is inconsistent with the Contract;

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

• The invoice or performance is in dispute, or the Contractor has failed to otherwise comply with the provisions of the Contract;

• The item or services have not been accepted;

• The quantity of items delivered is less than the quantity ordered;

• The items or services do not meet the quality requirements of the Contract;

• If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

• 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

• 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

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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 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 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

THIS SECTION IS INAPPLICABLE TO THIS IFB.

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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.

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 under 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 http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf

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Page 21 of 36 IFB for Maryland Department of Juvenile Services 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)

A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

3.10.2 Non-Disclosure Agreement (Contractor)

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

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 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 - the Contractor or designated Master License holder under the contract must comply with minimum insurance requirements established under Annotated Code of Maryland Title 9A-402 (latest revision) currently $1,000,000.00 General Liability and $1,000,000.00 Property Damage.

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 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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Page 22 of 36 IFB for Maryland Department of Juvenile Services 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.

3.13.2 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.

3.13.3 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.

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

3.13.5 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.

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

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Page 24 of 36 IFB for Maryland Department of Juvenile Services 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.

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.

All bids must be submitted on eMMa only. The Bidder must bid all lines of the solicitation. Bids that are faxed or emailed or incomplete will be deemed non-responsive.

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

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.

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Page 25 of 36 IFB for Maryland Department of Juvenile Services

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 90 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.8 Revisions to 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).

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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 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”).

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

4.12.4 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

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

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

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