IFB - CP11082023 - Final.pdf

MARYLAND STATE TREASURER’S OFFICE (STO)

LOUIS L. GOLDSTEIN TREASURY BUILDING

80 CALVERT STREET, ROOM 109

ANNAPOLIS, MARYLAND 21401

INVITATION FOR BIDS (IFB)

CHECK STOCK AND BACKGROUND PRINTING OF CHECKS

FOR THE STATE TREASURER’S OFFICE

IFB #CP-11082023

ISSUE DATE: NOVEMBER 8, 2023

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.1.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION

Check Stock and Background Printing of Checks for the State Treasurer’s Office Solicitation #: IFB #CP-11082023

IFB Document

Page ii

NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Check Stock and Background Printing of Checks for the State Treasurer’s Office Solicitation No: IFB #CP-11082023. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

� Other commitments preclude our participation at this time

� The subject of the solicitation is not something we ordinarily provide

� We are inexperienced in the work/commodities required

� Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

� The scope of work is beyond our present capacity

� Doing business with the State is simply too complicated. (Explain in REMARKS section)

� We cannot be competitive. (Explain in REMARKS section)

� Time allotted for completion of the Bid is insufficient

� Start-up time is insufficient

� Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

� Bid requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

Page iii

STATE OF MARYLAND

STATE TREASURER’S OFFICE (STO)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Commodity - Check Stock and Background Printing of Checks for the State Treasurer’s Office

Solicitation Number: IFB #CP-11082023

IFB Issue Date: November 8, 2023

IFB Issuing Office: State Treasurer’s Office (STO or the "Office")

Procurement Officer: Kris Chewlin Maryland State Treasurer’s Office 80 Calvert Street, Rm 109, Annapolis Maryland 21401 e-mail:

Office Phone:

kchewlin@treasurer.state.md.us 410-260-7428

Bids are to be sent to: eMMA Portal or via Trackable Mail or Hand Delivery

Pre-Bid Conference: In lieu of scheduling a Pre-Bid Conference, we are requiring all interested offerors to send their test paper to 80 Calvert Street, Room 109 Annapolis, Maryland 21401 by 1pm EST on December 18, Attention: Kris Chewlin, Procurement & Compliance Manager

Questions Due Date and Time November 20, 2023 2:00pm EST Send questions to: kchewlin@treasurer.state.md.us Subject line must be: Questions – IFB #CP-11082023

Bid Due (Closing) Date and Time:

December 18, 2023 1:00pm EST Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page ii).

Public Bid Opening Date, Time and Location

December 18, 2023 2:00pm EST 80 Calvert Street, Room 109 Annapolis, Maryland, 21401

MBE Subcontracting Goal: Not Applicable

VSBE Subcontracting Goal: Not Applicable mailto:kchewlin@treasurer.state.md.us

Page iv

Contract Type: Firm Fixed Price for base period

Contract Duration: One (1) Year

Primary Place of Performance:

Deliveries to be made to:

Revenue Administration Building Loading Dock, Northwest Street Attn: Maryland State Treasurer’s Office

Annapolis, MD 21401

SBR Designation: No

Federal Funding: No

Page v

TABLE OF CONTENTS – IFB

1. Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 Reserved

3.3 Invoicing

3.4 Liquidated Damages

3.5 Insurance Requirements

3.6 Minority Business Enterprise (MBE) Reports

3.7 Veteran Small Business Enterprise (VSBE) Reports

3.8 Work Orders

3.9 Additional Clauses

4 Procurement Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Questions

4.3 Procurement Method

4.4 Bid Due (Closing) Date and Time

4.5 Multiple or Alternate Bids

4.6 Receipt, Opening and Recording of Bids

4.7 Confidentiality of Bids / Public Information Act Notice

4.8 Award Basis

4.9 Tie Bids

4.10 Duration of Bids

4.11 Revisions to the IFB

4.12 Incurred Expenses

4.13 Protest/Disputes

Page vi

4.14 Bidder Responsibilities

4.15 Acceptance of Terms and Conditions

4.16 Bid/Proposal Affidavit

4.17 Contract Affidavit

4.18 Compliance with Laws/Arrearages

4.19 Verification of Registration and Tax Payment

4.20 False Statements

4.21 Payments by Electronic Funds Transfer

4.22 Prompt Payment Policy

4.23 Electronic Procurements Authorized

4.24 MBE Participation Goal

4.25 VSBE Participation Goal

4.26 Living Wage Requirements

4.27 Federal Funding Acknowledgement

4.28 Conflict of Interest Affidavit and Disclosure

4.29 Non-Disclosure Agreement (Bidder)

4.30 Non-Disclosure Agreement (Contractor)

4.31 HIPAA - Business Associate Agreement

4.32 Nonvisual Access

4.33 Mercury and Products That Contain Mercury

4.34 Location of the Performance of Services Disclosure

4.35 Department of Human Services (DHS) Hiring Agreement

4.36 Small Business Reserve (SBR) Procurement

4.37 Maryland Healthy Working Families Act Requirements

5 5. Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

Page vii

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment E. Contract

Attachment F. Contract Affidavit

8 Appendix 1. – Abbreviations and Definitions

9 Appendix 2. Bidder Information Sheet

10 Appendix 3-5. Background Color Specifications

11 Appendix 6. Evidence of Insurance

12 Appendix 7. Sample Check Stock Submission Form

1. Minimum Qualifications

Bidder Minimum Qualifications

• The bidder agrees to provide the Treasurer’s Office with check paper that is authentic to the agency use, terms and conditions.

• The paper shall not be reproduced in another manner or form for any other purpose than the intended purpose outlined in this IFB.

• Same or similar check stock using the Treasurer’s supplied images shall not be used, sold or re-created, or provided to known or unknown anonymous buyers, including anonymous retail sales, and anonymous online sales outside of its intended purpose.

1.1.1 Check Stock Delivery Requirements

The vendor must store check stock and ship as called for by the State Treasurer’s Office. The vendor will be notified by the STO at least one (1) week prior to the delivery date when check stock is needed. Vendor must maintain 300,000 sheets of check stock in secured storage or have the ability to print on demand. Vendor must unload boxes on the loading dock on Northwest Street, Revenue Administration Building, Annapolis, Maryland and deliver them to the designated area within the Treasury building.

Checks are to be packaged in shrink wrap.

The vendor will be responsible for providing secure and guarded transportation of check stock to the STO. Check stock must be shipped non-stop from the vendor’s secured facility to the location specified by the STO. There must be no layovers or rest stops, except to eat or use restroom facilities, refuel and the check stock must be guarded at all times.

The STO, Information Technology Division must be notified when the check stock leaves the vendor’s secured storage facility and the estimated time of arrival of the shipment. NOTE: THIS

PROCEDURE MUST BE FOLLOWED FOR ALL DELIVERIES OF CHECK STOCK.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

Summary Statement

2.1.1 The State Treasurer’s Office (STO or the "Office") is issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the State Treasurer’s Office: Check Stock and Background Printing of Checks.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the State.

2.1.3 The Office intends to make a single award for the work under this IFB. See IFB Section 4.8 Award Basis for more Contract award information.

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

Background and Purpose The purpose of this contract is to obtain a supply of Check Stock with required background printing for the State Treasurer’s Office at a firm fixed price for the initial term of this contract as shown herein. It is the intent of the State to award a single contract for the Check Stock and Background Printing of Checks to the lowest responsive and responsible Bidder. The State Treasurer’s Office uses a Canon VP6160 MCIR/IPDS High speed Check Printer that requires pressure sealed check stock.

The successful Vendor shall be responsible for ensuring that the Check Stock and Background Printing of Checks are supplied in accordance with the specification. The State reserves the right to inspect each load prior to acceptance by the State, for compliance with the specifications herein.

Inspection may be made by an authorized representative of the State at the source of supply, point of delivery, or both.

Please refer to detailed specifications in Section 2.3.1.

Responsibilities and Tasks This contract is for Check Stock and Background Printing of checks for approximately 1,500,000 sheets of check stock over the one-year term. Due to storage limitations at the State Treasurer’s Office (STO), STO estimates five shipments per year of approximately 300,000 sheets of check paper per order. The monthly volume may be higher for those months that include higher volume runs (typically January and June).

2.3.1 Product Specification

• 11” C-Fold Pressure Seal, Duplex Printing.

• Make and Model of Pressure Sealer is INFOSEAL PS600 Model 1089 Pressure Sealer Machine

• Textured Blue Check and Blue Advice Area

• Minimum 28# Paper

• Copy-Void Pantograph. The Void Pantograph security feature should be 20% black.

• Micro Printing

• Endorsement Warning

• Image Friendly

• Simulated Watermark

• Padlock Security

• Anti-Splice Backer

• Must meet or exceed ansi specifications x9.18 for check paper to be processed thru the Federal Reserve Bank System.

• For check color specifications (Blue), (see Appendix 3). The ink color is PMS 2707.

• The Check Stock should have a check control number on the perforated edges. The control numbering should be 8-digit sequential non-repetitive numbers starting where our current check stock ends. Since the check stock number is subject to change, the starting number would need to be coordinated with STO IT staff. The current start number would be “10xxxxxx” and could change should additional check stock be purchased before the execution of a new contract. (see Appendix 4).

• Maryland State Flag, approximately 1”x l” (w/o distortion) in top left portion on the face of the check. Please note sample picture of flag is attached as (see Appendix 5). There are a minimum of 4 colors. The vendor should determine the necessary colors to match the sample provided.

NOTE: STO HAS ALSO FOUND THAT RELYCO AND PROFORMA PAPER WORKS WELL

WITH THE EQUIPMENT.

2.3.2 Check Paper Samples

Check paper samples are due to the Procurement Officer by the due date of the bid – December 18, 2023 at 1pm EST. The Sample Check Stock Submission Form (see Appendix 7) must be accompanied with the submission of the samples. Note: Blank check stock paper should be submitted for the sample check stock. Printing of images is not requested or required for this pre-qualification test sample. Samples will be tested in our office within a week of delivery and offerors will be notified in writing if there are problems with the stock samples.

2.3.3 Check Stock Issues

If check stock issues are discovered after shipment and upon use, the bidder must make immediate corrections to the stock.

3 Contractor Requirements: General

Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Reserved

3.2.1 Return and Maintenance of State Data

3.2.1.1 Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed upon format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term;

(c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as check paper templates, disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

3.2.1.2 During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

3.2.1.3 In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

Invoicing

3.3.1 General

3.3.1.1 The Contractor shall e-mail the original of each invoice and signed authorization of invoice to STO Accounts Payable at e-mail address: STOAccountspayable@treasurer.state.md.us.

All invoices for services shall be verified by the Contractor as accurate at the time of submission.

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

1. Contractor name and address;

2. Remittance address;

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

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

5. Invoice date;

6. Invoice number;

7. State assigned Contract number;

8. State assigned (Blanket) Purchase Order number(s) if applicable;

9. Goods or services provided;

10. Amount due; and

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

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

The Office reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Office with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

Any action on the part of the Office, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices shall not be paid via purchasing card and the State shall not pay and fees incurred by the contractor.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.2 Invoice Submission Schedule

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

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

b) For items of work for which there is annual pricing, (see Attachment B – Bid Form), those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

3.3.3 Deliverable Invoicing

Deliverable invoices shall be accompanied by notice(s) of acceptance issued by the State for all invoices submitted for payment. Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverablePro ductAcceptanceForm-DPAFsample.pdf).

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2.

3.3.4 Time and Materials Invoicing

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

a) The amount invoiced is inconsistent with the Contract;

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

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

d) The item or services have not been accepted;

e) The quantity of items delivered is less than the quantity ordered;

f) The stock delivered is damaged to the point that its unusable,

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.

3.3.6 Travel Reimbursement

Travel will not be reimbursed under this IFB.

a) There shall be no reimbursement for Routine Travel. Contractor shall not be reimbursed for Non-Routine Travel without prior Contract Monitor approval.

b) Routine Travel is defined as travel within a 50-mile radius of the Office’s base location, as identified in the IFB, or the Contractor’s facility, whichever is closer to the consulting site.

There will be no payment for labor hours for travel time or reimbursement for any travel expenses for work performed within these radiuses or at the Contractor’s facility.

c) Non-routine Travel is defined as travel beyond the 50-mile radius of Office’s base location, as identified in the IFB, or the Contractor’s facility, whichever is closer to the consulting site. Non-routine travel will be reimbursed according to the State’s travel regulations and reimbursement rates, which can be found at: www.DBM.maryland.gov - search: Fleet Management. If non-routine travel is conducted by automobile, the first 50 miles of such travel will be treated as routine travel and as described in Section 3.3.6.b, and will not be reimbursed. The Contractor may bill for labor hours expended in non-routine traveling beyond the identified 50-mile radius, only if so specified in the IFB or Work Order.

Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Insurance Requirements The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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

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

b) Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

c) Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000. The State of Maryland and the Office should be added as a “loss payee.”

d) Cyber Security / Data Breach Insurance – (For any service offering hosted by the Contractor) ten million dollars ($10,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

e) 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.

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

3.5.2 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.

3.5.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

3.5.5 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.

3.5.6 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.

3.5.7 On-Site Security Requirement(s):

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

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

Minority Business Enterprise (MBE) Reports This solicitation does not include an MBE Goal

Veteran Small Business Enterprise (VSBE) Reports This solicitation does not include a VSBE Goal

Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Additional Clauses

3.9.1 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs) Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.9.2 No-Cost Extensions

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

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

4 Procurement Instructions eMaryland Marketplace Advantage (eMMA)

4.1.1 eMMA is the electronic commerce system for the State of Maryland. The IFB, Conference summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

4.1.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

Questions

4.2.1 All questions, including concerns shall be identified in the subject line “Questions IFB #CP-

11082023” and shall be submitted in writing via e-mail to the Procurement Officer @ kchewlin@treasurer.state.md.us by November 20, 2023 at 2:00pm EST.

4.2.2 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

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

Procurement Method A Contract will be awarded in accordance with the Competitive Sealed Bidding method under

COMAR 21.05.02.

Bid Due (Closing) Date and Time

4.4.1 Bids, in the number and form set forth in Section 5 Bid Format, must be received by the

Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.4.2 Requests for extension of this date or time shall not be granted.

4.4.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.4.4 The date and time of a submission is determined by the date and time of arrival in the electronic stamp on eMMA or the date stamp receipt on any hard copies that may be submitted.

4.4.5 Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

4.4.6 Bids may be submitted by eMMA or in hard-copy format only. No fax or email bids will be accepted. Bids will be opened publicly at the date and time indicated on the Key Information Summary Sheet.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage mailto:kchewlin@treasurer.state.md.us

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

Multiple or Alternate Bids Multiple or alternate Bids will not be accepted.

Receipt, Opening and Recording of Bids

4.6.1 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.

4.6.2 Bids shall be opened publicly, at the time, date and place designated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors).

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

Confidentiality of Bids / Public Information Act Notice

4.7.1 The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

4.7.2 The Bids shall be tabulated, or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case, before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

4.7.3 For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

Award Basis

4.8.1 A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR 21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items.

Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. See IFB Section 6 for Bid evaluation and award information.

4.8.2 Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Office following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

Tie Bids Tie Bids will be decided pursuant to COMAR 21.05.02.14.

Duration of Bids Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

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

Revisions to the IFB

4.11.1 If the IFB is revised before the due date for Bids, the Office shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

4.11.3 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.

4.11.4 Cancellations

4.11.5 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.

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

4.11.7 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3- 207(b)(2).

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.

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

Bidder Responsibilities

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

4.14.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this IFB (see Section 4.24 “MBE Participation Goal” and Section 4.25 “VSBE Goal”).

4.14.3 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.

4.14.4 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.

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

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

Contract Affidavit All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment F of this IFB. This Affidavit must be provided within five

(5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

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.

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

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

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

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

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

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

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

4.20.2 A person may not aid or conspire with another person to commit an act under Section 4.20.1.

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

Payments by Electronic Funds Transfer By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

4.21.1 Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

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

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/St atic_Files/GADX10Form20150615.pdf.

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”.

Additional information is available on GOSBA’s website at:

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

Electronic Procurements Authorized

4.23.1 Under COMAR 21.03.05, unless otherwise prohibited by law, the Office may conduct procurement transactions by electronic means, including the solicitation, proposing, award, execution, and administration of a contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21.

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

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

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

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

COMAR 21.03.05:

The Procurement Officer may conduct the procurement using eMMA to issue:

1) The IFB;

2) Any amendments;

3) Pre-Bid conference documents;

4) Questions and responses;

https://procurement.maryland.gov/

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

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

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

The Bidder or potential Bidder may use eMMA to:

8) Submit Bids;

9) Ask questions regarding the solicitation;

10) Reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer’s request or direction to reply through eMMA, but only on the terms specifically approved and directed by the Procurement Officer; and

11) Submit a "No Bid Notice/Vendor Feedback Form" to the IFB.

The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract administration, utilizing e-mail, or other electronic means if authorized by the Procurement Officer or Contract Monitor.

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

A. Submission of initial Bids, except through eMMA;

B. Filing of bid protests;

C. Filing of Contract claims;

D. Submission of documents determined by the Office to require original signatures (e.g., Contract execution, Contract modifications); or E. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder be provided in writing or hard copy.

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

MBE Participation Goal There is no MBE subcontractor participation goal for this procurement.

VSBE Participation Goal There is no VSBE subcontractor participation goal for this procurement.

Living Wage Requirements

a) Maryland law requires that contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements.

See COMAR 21.11.10.05.

b) If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR

21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions.

Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

c) Additional information regarding the State’s living wage requirement is contained in D.

Bidders must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment D) with their Bids. If the Bidder fails to complete and submit the required documentation, the State may determine the Bidder to not be responsible under State law.

d) Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or a Tier 2 Area of the State. The specific Living Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State.

1) The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18-102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. If the Contractor provides more than 50% of the services from an out-of- State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, the Contract will be determined to be a Tier 1 Contract.

2) The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder must identify in its Bid the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided.

3) If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract.

4) If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract.

e) If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. See COMAR 21.11.10.07.

f) The Bidder shall identify in the Bid the location from which services will be provided.

g) NOTE: Whereas the Living Wage may change annually, the Contract price will not change because of a Living Wage change or a change in the State minimum wage. The Contractor shall be responsible for any wage/rate increase during the term of the Contract and such increase may not be passed on to the State.

http://www.dllr.state.md.us/labor/prev/livingwage.shtml

Federal Funding Acknowledgement This Contract does not contain federal funds.

Conflict of Interest Affidavit and Disclosure A Conflict of Interest is not required for this procurement.

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

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

HIPAA - Business Associate Agreement A…