IFB BPM058571.pdf

Automatic Transfer Switch and Disconnect Installations at the Victor Cullen Center Solicitation #: BPM058571

IFB Document

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STATE OF MARYLAND

MARYLAND DEPARTMENT OF JUVENILE SERVICES

(DJS)

INVITATION FOR BIDS (IFB)

AUTOMATIC TRANSFER SWITCH AND DISCONNECT

INSTALLATIONS AT THE VICTOR CULLEN CENTER

IFB NUMBER BPM058571

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 businesses. 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 Department of Social and Economic Mobility’s (DoSEM) Office of Small, Minority & Women Business Affairs (OSBA) 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 OSBA as a certified 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.

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

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MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Fixed Price Contract: Maintenance Automatic Transfer Switch and Disconnect Installations at the Victor Cullen Center

Solicitation Number:

BPM058571

IFB Issue Date: 9/7/2026

IFB Issuing Office:

Maryland Department of Juvenile Services (DJS)

Procurement Officer:

Hasan McMillan 217 East Redwood Street Baltimore, MD 21202

Email:

Phone Number:

hasan.mcmillan@maryland.gov 443-310-3489

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number BPM058571.

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 1 p.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

Scheduled Site Visit

9/17/2026 at 1:30 p.m. Local Time

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

mailto:hasan.mcmillan@maryland.gov

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To attend the site visit please contact the Procurement Officer via Email no later than 9/16/2026 at 3.p.m.

Questions Due Date and Time:

9/21/2026 by 3 p.m. Local Time

Bid Due (Closing) Date and Time:

9/29/2026 at 1 p.m. 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).

Public Bid Opening Date, Time, and Location

Not Applicable

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, has been established for this procurement.

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.

VSBE

Subcontracting Goal:

N/A

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: Firm Fixed Price

Contract Duration:

Upon Completion of the Project.

Primary Place of Performance:

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SBR Designation: Yes

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

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

2.3 Contractor Responsibilities and Tasks

2.3.1 Pre-Construction 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

3.3.1 Invoice Submission Schedule

3.3.2 Deliverable Invoicing

3.3.3 Labor Hour/Time and Materials Invoicing

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)

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

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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 Tie Bids

4.22 Reciprocal Preference

4.23 Small Business 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 five (5) years of experience installing Automatic Transfer Switches (ATS) and Disconnects. 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 an electrical 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 an electrical contractor.

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

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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(s) and the State of Maryland (“State”): Department of Juvenile Services (DJS or Department): to remove and replace five (5) Automatic Transfer Switches and Disconnects at the 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 [[Tailor according to the 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 Department is soliciting bids for the installation of Automatic Transfer Switches (ATS) and Disconnects in five (5) residential cottages at the Department’s Victor Cullen Center (VCC) located at 6000 Cullen Drive, Sabillasville, MD 21780. The VCC is a secure treatment facility that serves male youth who have been ordered by the courts to receive treatment services. The facility is comprised of twelve (12) buildings providing dietary, treatment, medical, educational, and counseling services for youth.

The selected Bidder (the Contractor) shall furnish all labor, equipment, materials, supplies, insurance, etc.

necessary to safely demolish, remove the existing ATS and Disconnects in five (5) Cottages at the VCC.

In addition, the Contractor shall purchase and install the following equipment to include labor, materials, and supplies:

A. (5) new ASCO 300G 240/600 AMP Single Phase Automatic Transfer Switches; and B. (5) new 11BE Siemens 240/600 AMP 2 Pole Outdoor Disconnect 600 Amp Fused.

All work must comply with the National Electrical Code, the National Electricity Safety Code and the National Fire Codes (NFPA), and all applicable state and local codes, ordinances, and utility service terms. Compliance with these specifications does not waive any other regulatory requirements from authorities with lawful jurisdiction.

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 proposes 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.

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2.2.1 Project Goals

The successful installation of The successful installation of ATS and Disconnects to ensure life safety and business continuity for facility occupants.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the DJS Project Manager is responsible for the following:

2.2.2.1 Permitting access to buildings, parking and utilities.

2.2.2.2 Inspecting all completed work and will ascertain that the tasks have been satisfactorily accomplished.

2.2.3 Other State Responsibilities

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

2.3 Contractor Responsibilities and Tasks

2.3.1 Pre-Construction Tasks

2.3.1.1 Conduct site visit to verify existing conditions and equipment ratings.

2.3.1.2 Review existing electrical drawings and confirm field conditions.

2.3.1.3 Coordinate outages with DJS and the utility provider as required.

2.3.1.4 Any expense from the utility provider for scheduled outage is to be paid by Contractor.

2.3.1.5 Develop and submit a shutdown and lockout/tagout (LOTO) plan.

2.3.1.6 Submit product data and shop drawings for approval prior to installation.

2.3.2 Demolition / Removal Tasks

2.3.2.1 De-energize and isolate all electrical sources feeding the existing ATS and disconnect.

2.3.2.2 Implement lockout/tagout procedures in accordance with OSHA standards.

2.3.2.3 Disconnect all electrical feeders, control wiring, and grounding conductors.

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2.3.2.4 Remove existing ATS and disconnect, including associated mounting hardware and supports.

2.3.2.5 Properly dispose of removed equipment in accordance with local, state, and federal regulations.

2.3.2.6 Protect adjacent equipment and systems from damage during demolition.

2.3.3 Installation of New Equipment Tasks

2 3.3.1 Automatic Transfer Switch (ATS)

2.3.3.1.1 Furnish and install new ATS of equal or greater capacity and rating as specified.

2.3.3.1.2 Install per manufacturer’s recommendations and approved shop drawings.

2.3.3.1.3 Provide proper anchoring, alignment, and clearances.

2.3.3.1.4 Terminate all power and control wiring.

2.3.3.1.5 Integrate ATS with existing generator and utility service.

2.3.3.2 Disconnect Switch

2.3.3.2.1 Furnish and install new disconnect switch with an appropriate amperage and voltage rating.

2.3.3.2.2 Install in compliance with NEC requirements for accessibility and working clearances.

2.3.3.2.3 Provide proper grounding and bonding.

2.3.3.3 Electrical Connections

2.3.3.3.1 Reconnect all feeders, control wiring, and grounding conductors.

2.3.3.3.2 Replace any damaged or non-compliant conductors, lugs, or terminations.

2.3.3.3.3 Torque all connections to manufacturer specifications.

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2.3.4 Testing and Commissioning Tasks

2.3.4.1 Perform insulation resistance testing and continuity checks.

2.3.4.2 Conduct operational testing of ATS in both normal and emergency modes.

2.3.4.3 Simulate power failure to verify automatic transfer operation.

2.3.4.4 Verify proper operation of disconnect switch.

2.3.4.5 Provide start-up services if required by manufacturer.

2.3.5 Restoration Tasks

2.3.5.1 Restore all disturbed surfaces, including walls, floors, and mounting areas.

2.3.5.2 Label all equipment and circuits per National Electric Code (NEC) requirements.

2.3.5.3 Update panel schedules and as-built documentation

2.3.6 Contractor Work Tasks Associated with This Project Shall Include But Not Limited to the Following:

2.3.6.1 Establish a safe working area and perform Lockout/Tag out on all equipment priors shall be in a verified zero energy state and positively controlled to prevent unexpected re-energization to performing services. Equipment.

2.3.6.2 All work shall be done in accordance with local, State and national codes and industry standards. All new equipment shall be installed and tested in accordance with manufacturer specifications.

2.3.6.3 Contractor to install a disconnect near each unit. Wire sizes and overcurrent protection needs to be determined from the nameplate ampacity and in accordance with the Minimum Filter Size or the N.E.C.

2.3.6.4 Provide training to all facility maintenance staff on proper operation of new unit

2.3.6.5 All work shall be done in accordance with NEC and all other applicable local, national codes and installation standards and per manufacturer recommendations.

NOTE: Contractor shall verify measurements and calculate quantities for the purpose of submitting a bid.

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2.3.7 SAFETY REQUIREMENTS

2.3.7.1 Comply with all OSHA, NFPA 70E, and site-specific safety requirements.

2.3.7.2 Use appropriate PPE for energized and de-energized work.

2.3.7.3 Maintain a safe and clean work area at all times.

2.3.8 DELIVERABLES

2.3.8.1 Approved submittals and shop drawings.

2.3.8.2 Operation and maintenance manuals.

2.3.8.3 Test reports and commissioning documentation.

2.3.8.4 As-built drawings reflecting final installation.

2.3.9 WORK, EQUIPMENT AND MATERIAL STANDARDS:

2.3.9.1. 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.

2.3.9.2 Materials equipment and supplies shall be stored in a safe place out of the way of traffic operations. The storage site location shall be approved by the Department prior to the storage of any onsite materials and equipment.

2.3.9.3 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

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

2.3.9.5. Any materials supplies and equipment not specifically mentioned but reasonably implied or necessary for the complete safe and satisfactory completion of the project shall be provided by the Contractor as if specified herein.

2.3.10 SITE VISIT:

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2.3.10.1 It is strongly suggested that Contractors attend the site visit to be familiar with the conditions under which the work will be performed. No allowance will be made for errors on the Contractor's part for failure to take into account any conditions or circumstances existing at the site which might affect the specified work.

2.3.10.2 Please note the date and time of the pre-bid meeting and site visit. At this meeting, Contractors will have an opportunity to access the work site and have questions answered by the Department’s representatives.

2.3.11 WARRANTY AND GUARANTEE:

2.3.11.1 The Contractor shall guarantee work for a period of two (2) years from the date of final acceptance or the length of the manufacturer’s warranty, whichever is longer.

Any defects found within the warranty period shall be repaired or replaced by the Contractor at no additional cost to the State.

2.3.12 WORK SCHEDULING AND INSPECTION:

2.3.12.1 Once the Department issues the Notice to Proceed (NTP), the Contractor shall complete the project within thirty (30) calendar days.

2.3.12.2 The Contractor shall coordinate all work with the DJS Project Manager. It is possible that there will be multiple contracts underway in the building at the same time.

2.3.12.3 In cases when a dispute arises among contractors, the DJS Project Manager will attempt to resolve the dispute. By submitting a Bid for this project, the Contractor hereby agrees that the DJS Project Manager’s decision shall be final and claims for delay against DJS are not allowable.

2.3.12.4 Contractors shall cooperate with each other as necessary. Such cooperation shall include: (1) Arrangement and conduct of work;

(2) Storage and disposal of materials, etc., by each in such manner as to not unnecessarily interfere with or hinder the progress of the work being performed by other Contractors.

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2.3.12.5 Work shall be accomplished during normal working hours of 7:00 a.m. – 3:30.p.m. Monday through Friday unless permission is given in writing by the DJS Project Manager.

2.3.12.6 The completed project is subject to the inspection of the DJS Project Manager.

2.3.13 RULES FOR CONTRACTOR:

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

2.3.13.2 All workers must check in and out at the Control Center and/or the loading dock Security Officer. Only vehicles necessary for construction will be permitted within the facility. Access must be prearranged with the Maintenance Supervisor of the facility or designee. All vehicles permitted within the perimeter of the facility are subject to inspection and/or searches and must always be secure including use of a club on steering wheels.

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

2.3.13.4 Work and storage areas will be designated by the facility. Work and storage of materials outside these areas requires the approval of the Maintenance Supervisor

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

2.3.13.6 All cutting tools such as hacksaws, saw-zalls, 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.

2.3.13.7 Any mud, dirt, etc. carried onto buildings must be cleaned daily. Any damage to areas outside the contract area must be satisfactorily repaired. Work to be performed within buildings where youth may be present will require facility security supervision. Scheduling of such work should be prearranged with the DJS Project Manager.

2.3.13.8 All cell phones are to be strictly accounted for at all times.

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2.3.12.9 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.

2.4 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 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.

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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. For items of work for which there is one-time pricing (see Attachment B –The Price Form), those items shall be billed in the month following the acceptance of the work by the State.

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.

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

B. The amount invoiced is inconsistent with the Contract;

C. The proper invoice has not been received by the party or office specified in the

Contract;

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

E. The item or services have not been accepted;

F. The quantity of items delivered is less than the quantity ordered;

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

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

I. 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 J. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

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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

Liquidated damages other than MBE are identified in Exhibit 2 – Sample Contract.

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.

3.6 Payments by Electronic Funds Transfer

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

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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 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.”

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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 - 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.

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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3.13.2 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.

3.13.7 Prison Rape Elimination Act (PREA)

(a) Pursuant to the Prison Rape Elimination Act (PREA) Juvenile Facility Standards §115.387 and §115.388, the Department is mandated to collect data for every allegation of sexual abuse occurring in its facilities. This data must include, at a minimum, the data required to answer all questions from the most recent version of the Survey of Sexual Victimization conducted by the Department of Justice Bureau of Statistics. Additionally, the Department is required to obtain incident-based and aggregate data from contracted private providers. A copy of the federal PREA law, Public Law 108-79, codified as 42 USC 15601 can be found on the following website: https://djs.maryland.gov/Documents/policies/residential/Elimination-and- Reporting-of-Sexual-Abuse-and-Harassment_RF-701-18.pdf

(b) The Contractor and any staff working at any facility under this detailed specification shall review the Elimination and Reporting of Sexual Abuse and Harassment-PREA Juvenile Facility Standards Compliance Policy NUMBER: RF-701-18, complete and sign the PREA disclosure form and the policy acknowledgement page.2 (Attachment Z) within ten (10) business days upon recommendation for contract award and then annually no later than July 10th of each year to the Contract Monitor.

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3.13.8 Child Protective Service Clearance

(a) The Contractor and any staff working at any facility under this RFP must submit to Child Protective Services clearances in accordance with COMAR 14.31.06.05.A(4)(a)(ii) and to any applicable laws and Departmental policies.

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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.

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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).

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.

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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 to this IFB (see “Appendix 4 - MBE 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, 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 award.

4.15 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise responsive successful Bidder from final consideration and recommendation for Contract award.

https://egov.maryland.gov/BusinessExpress/

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4.16 False Statements

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

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

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

B. Make a false or fraudulent statement or representation of a material fact;or C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under…