IFB_CTPHC Plumbing BPM_OCMP-26-2509_Final.pdf

Plumbing Fixtures and Mixing Valve Repairs – CTPHC

Solicitation #: BPM051468 / OCMP-26-25209 IFB Document

IFB for Maryland Department of Health Page 1 of 42

STATE OF MARYLAND

MARYLAND DEPARTMENT OF HEALTH (MDH)

INVITATION FOR BIDS (IFB)

PLUMBING FIXTURES AND MIXING VALVE REPAIRS FOR

CLIFTON T. PERKINS HOSPITAL CENTER (CTPHC)

SOLICITATION NUMBER: BPM051468

OCMP-26-25209

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and

Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the

Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve

Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the

SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0500 https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0500

IFB for Maryland Department of Health Page 2 of 42

KEY INFORMATION SUMMARY SHEET (KISS)

1. Invitation for

Bids

Services – Plumbing Fixtures and Mixing Valve Repairs for Clifton T. Perkins

Hospital Center

2. Solicitation

Number:

BPM051468 / OCMP-26-25209

3. IFB Issue Date: November 20, 2025

4. IFB Issuing

Office:

Maryland Department of Health (MDH) or the “Department”

5. Office of

Contract

Management &

Procurement

(OCMP)

Director

Email:

Phone Number:

Alison Barry

201 W. Preston Street, Baltimore MD 21201 alison.barry@maryland.gov

667-203-9095

6. Procurement

Officer:

Destiny Hargrove

Maryland Department of Health

Email:

Phone Number:

destiny.hargrove@maryland.gov

443-842-8557

7. Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number BPM051468/

OCMP-26-25209

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.

8. Pre-Bid

Conference:

December 1, 2025 at 12:00 pm EST Local Time, via Teleconference; via

Google Meet at https://meet.google.com/cta-aogq-bot Or dial: (US) +1 432-

1309-698 PIN: 127 188 068#

mailto:alison.barry@maryland.gov mailto:destiny.hargrove@maryland.gov https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-1.-No-Bid_Proposal-Notice_Vendor-Feedback-Form-1-1.docx https://meet.google.com/cta-aogq-bot

IFB for Maryland Department of Health Page 3 of 42

See Section 4.3 for additional details.

See Attachment 2 to RSVP by November 25, 2025 to attend.

9. Mandatory

Scheduled Site

Visit

December 9, 2025 at 10:00 am.

See Section 4.3.5 for additional details.

See Attachment 2A to RSVP by December 4, 2025 to attend.

10. Questions Due

Date and Time:

December 12, 2025 at 12:00 PM EST Local Time mdh.solicitationquestions@maryland.gov

11. Bid Due

(Closing) Date and Time:

December 22, 2025 at 2:00 PM EST Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 link - No Bid Notice/Vendor Feedback

Form).

(US) +1 205-844-5239 PIN 677 876 856#

12. MBE

Subcontracting

Goal:

An overall Minority Business Enterprise (MBE) subcontract participation goal of 20 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.

13. VSBE

Subcontracting

Goal:

This solicitation includes a VSBE participation Goal of _N/A____%

14. Procurement

Method:

A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

15. Multiple or

Alternate Bids:

Multiple or alternate Bids will not be accepted.

16. Contract Type: Combination of fixed price, time & materials, Indefinite Quantity with Firm

Fixed Prices with Work Order of Time & Materials and Fixed Price.

17. Contract

Duration:

One (1) year base period with one (1) year option period.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/11/Attachment-2.-Pre-Bid_-Pre-Proposal-Conference-Response-Form-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/11/Attachment-2.-Pre-Bid_-Pre-Proposal-Conference-Response-Form-v2.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-1.-No-Bid_Proposal-Notice_Vendor-Feedback-Form-1-1.docx https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Exhibit-1.-MBE-VSBE-and-SBR-Research-Factors-Template-.docx https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Appendix-4.-MBE-Participation-Goal.dotx

IFB for Maryland Department of Health Page 4 of 42

18. Primary Place of

Performance:

Clifton T. Perkins Hospital Center

8450 Dorsey Run Road Jessup, Maryland 20794

19. SBR

Designation:

Yes

20. Federal

Funding:

No

IFB for Maryland Department of Health Page 5 of 42

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

2.4 Supplemental Category of Work Requirements and Responsibilities

2.4.1 Security Requirements

2.4.2 On-Site Security Requirement(s)

2.4.3 Substitution of Personnel

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 Labor Hour/Time and Materials Invoicing

3.4.1 Travel Reimbursement

3.5 Liquidated Damages

3.5.1 MBE Liquidated Damages

3.5.2 Liquidated Damages other than MBE

3.5.3 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

IFB for Maryland Department of Health Page 6 of 42

3.11.2 Non-Disclosure Agreement (Contractor)

3.12 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.14 Insurance Requirements

3.15 Corrective Action Plan (CAP)

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

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

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

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

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

IFB for Maryland Department of Health Page 7 of 42

5.2 Exhibits (Table D)

IFB for Maryland Department of Health Page 8 of 42

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 and/or its subcontractors shall have three (3) years of experience providing plumbing services within a large-scale facility, such as a hospital or prison. This experience should have been obtained within the last five (5) years.

B. The bidder shall supply two (2) references from the last five (5) years to attest for experience.

C. This solicitation and subsequent contract require the following licenses/certifications:

1. Registration with the State of Maryland and retention of a State of Maryland

Business License

2. DLLR Maryland Board of Plumbing licensed Journeyman or Master plumber;

3. DLLR Maryland Board of Plumbing licensed Apprentice plumber/helper

4. Licensed to perform plumbing work in Howard County, Maryland

D. The Bidder shall be bonded and insured as per Maryland Code of Regulations (COMAR).

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for Maryland Department of Health Page 9 of 42

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”): The State is seeking plumbing repairs for Clifton T. Perkins Hospital Center located at 8450 Dorsey Run Road Jessup, Maryland 20794. It is the State’s intention to obtain goods and services, as specified in this IFB, from a contract between the selected

Bidder and the State.

2.1.2 This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award

Basis for more Contract award information.

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

2.2 Background and Purpose

Maryland’s Clifton T. Perkins Hospital Center (the Facility) is a maximum-security forensic psychiatric hospital that provides quality assessment of recovery-based trauma-informed care for all patients; timely pretrial evaluations of defendants referred by the judicial circuit of Maryland;

and maximum-security custody of patients to ensure public safety.

In caring for the safety and welfare of patients and staff, the Maryland Department of Health is seeking a contractor to perform plumbing repairs related to the domestic water system and components including but not limited to malfunctioning water distribution, temperature control, volume, pressure, and plumbing components and fixtures.

2.2.1 Project Goals

The goal is to restore full functionality and ensure safe, efficient water delivery in all designated areas. Additionally, provide unencumbered access to inaccessible shut off or mixing valves via secure access panels where otherwise not provided.

2.2.2 State Staff and Roles

The State will provide a Procurement Officer and Contract Monitor to facilitate and monitor the solicitation and Contract for this IFB.

2.2.3 Other State Responsibilities

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

2.3 Contractor Responsibilities and Tasks

The Contractor shall provide services to improve or restore functionality to the domestic water system and its components, including but not limited to malfunctioning water distribution, temperature control, volume, pressure, plumbing components and fixtures.

2.3.1 General Requirements

A. Repair and/or replace malfunctioning plumbing fixtures, mixing valves as referenced in Exhibit 3 “Clifton T. Perkins Hospital Center Plumbing Assessment”, in

IFB for Maryland Department of Health Page 10 of 42 accordance with applicable building codes, health regulations, and manufacturer specifications.

B. Provide minimum two-year parts and labor warranty on all goods and services.

C. Provide, install, and or repair in accordance with the Department of General Services

General Conditions, Joint Commission and OHCQ standards as applicable for maximum-security psychiatric hospital facilities.

D. All new fixtures supporting patient areas of use must be ligature resistant.

2.3.2 Utilize and complete Exhibit 4, the “Contractor Daily Report” document); Each day the form shall be completed and returned to the Contract Monitor for review and approval of repairs, recommended repairs and installations. Plumbing Repair Requirements:

The Contractor shall perform the following:

A. Contractor to conduct a walk-through with Contract Monitor immediately upon receiving

NTP, in order to develop work plan and appropriate phasing as necessary and in accordance with 2.3.4.

B. Resolve plumbing concerns related to the plumbing distribution and drain waste vent system, including but not limited to malfunctioning water distribution, drain waste and ventilation, temperature control, volume, pressure, and plumbing components and fixtures.

C. Repair and or replace components and fixtures as identified in Exhibit 3, “Clifton T.

Perkins Hospital Center Plumbing Assessment,” to effectively restore full operation of water flow, volume, pressure, and temperature facility wide.

D. All new fixtures supporting patient areas of use must be ligature resistant. Alternative suitable substitute fixtures must be approved by MDH. Repair and or replace components necessary to restore full operation of water flow, volume, pressure, and temperature facility wide.

a. Components may include, but not be limited to, steam traps, strainers, relief valves, temperature and pressure gauges, fittings, filters, gate valves, piping, pumps, motors, variable flow devices, mixing valves, shut offs, supporting structure, heat exchangers and generators, insulation, housing, and the like.

E. Areas of concern for water distribution may include, but not be limited to, all areas that provide components supporting the water generation, distribution, and return systems beyond the boiler room through the point of use facility wide.

F. Repair and replace necessary components for the drain waste ventilation system. These components may include but not be limited to drain and vent pipes, fittings, and the like.

Ensuring proper air pressure for optimum drainage and the prevention of sewer gas backup.

G. Access to necessary components may require intrusive measures. In order to maintain access points to the components, the contractor is required to install security access panels

(see Exhibit 6), utilizing pick proof caulk to seal.

H. Testing

a. Upon replacement and or repair, all components shall be tested for proper operation and to affect the overall goal in restoring flow, volume, temperature, and pressure.

https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf https://www.jointcommission.org/en-us/standards https://health.maryland.gov/ohcq/Pages/Regulations.OHCQ.aspx

IFB for Maryland Department of Health Page 11 of 42

2.3.3 Materials and Equipment

The Contractor shall provide the following:

A. All labor, tools, materials, and equipment necessary to complete the work.

B. Suitable substitutes must be pre-approved by the Office of Facilities Management and

Development and Clifton T. Perkins Hospital Center Maintenance Director and submitted via Exhibit C, “Contractor Daily Report”. Substitutes must match existing code compliant models unless otherwise directed.

C. All materials must be new and of commercial-grade quality.

D. All new fixtures supporting patient areas of use must be ligature resistant.

2.3.4 Work Plan and Schedule

The Contractor shall provide a work plan and schedule to describe how the following requirements will be accomplished.

A. Schedule of work to be completed within 5 business days of the Notice to Proceed

(NTP).

B. Work is to begin immediately upon receipt of NTP.

C. Initial Work or Repairs as identified in Exhibit #3 are to be completed within 60 calendar days of the NTP.

a. Work or repairs that are identified in Exhibit # 3 that cannot be completed within 60 days of the NTP must be relayed by written notification to the

Contract Monitor with scheduling details outlining lead times and expected completion date.

D. Work is to be scheduled during regular business hours (7:00am to 3:30pm), with the exception of necessary shutdowns. Shutdowns may require nights and or weekends. All shutdowns will be coordinated through the contract monitor in the best interest of the facility’s continuity of operations.

E. The Contractor shall communicate any delay to the contract monitor in writing for approval.

2.3.5 Safety and Compliance

The Contractor shall:

A. Ensure that all work complies with the most recent OSHA standards and local safety regulations.

B. Confirm that all repairs and installations meet the most recent International Plumbing

Code (IPC) and local amendments.

C. Conform to the most recent Americans with Disabilities Act (ADA) code requirements.

2.3.6 Deliverables

The Contract shall provide:

A. Daily reports - Exhibit B, “Contractor Daily Report” to be submitted to the Project

Monitor and Contract Monitor in person and via email.

https://www.osha.gov/laws-regs/regulations/standardnumber/1910 https://labor.maryland.gov/labor/mosh/ https://labor.maryland.gov/labor/mosh/ https://codes.iccsafe.org/?_gl=1*1trohn2*_gcl_au*Mjc0MzUyNzI1LjE3NTUxMTY2NjA.*_ga*MjExMDczMjExOC4xNzU1MTE2NjYx*_ga_XBEJZJQ4C3*czE3NTU3MDgxMjUkbzMkZzAkdDE3NTU3MDgxMjUkajYwJGwwJGgxMzQ1Mzk1MDg.

https://codes.iccsafe.org/?_gl=1*1trohn2*_gcl_au*Mjc0MzUyNzI1LjE3NTUxMTY2NjA.*_ga*MjExMDczMjExOC4xNzU1MTE2NjYx*_ga_XBEJZJQ4C3*czE3NTU3MDgxMjUkbzMkZzAkdDE3NTU3MDgxMjUkajYwJGwwJGgxMzQ1Mzk1MDg.

https://www.ada.gov/law-and-regs/

IFB for Maryland Department of Health Page 12 of 42

B. Warranty documentation and Operating Manuals for all installed components and fixtures at time of completion; and

C. Final walkthrough and sign-off by the Project Manager and Contract Monitor.

2.3.7 Exclusions

The Contractor shall:

A. Ensure that no building structural alterations occur beyond basic fixture support.

B. Guarantee that no major plumbing rerouting is executed unless preapproved by the

Office of Facilities Management and Development.

2.4 Supplemental Category of Work Requirements and Responsibilities

See the Facility Maintenance requirements associated with this solicitation below.

2.4.1 Security Requirements

The following requirements are applicable to the Contract:

2.4.1.1 Employee Identification

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

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

State badge issuance.

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

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

2.4.1.2 Security Clearance / Criminal Background Check

The State reserves the right to refuse any individual Contractor Personnel to work on

State premises, based upon certain specified criminal convictions, as specified by the

State.

A. A criminal background check for any Contractor Personnel providing on-site shall be completed prior to each Contractor Personnel providing any services under the

Contract.

B. The Contractor shall obtain at its own expense a Criminal Justice Information

System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

IFB for Maryland Department of Health Page 13 of 42

C. The Contractor shall obtain criminal background checks on candidates it sends for employment under the Contract. At a minimum, these checks must contain convictions and probation before judgment (PBJ) pleadings within the State of

Maryland. This check may be performed by a public or private entity. The

Contractor shall provide the Contract Monitor with certification of completion of the required criminal background check described in this IFB for each required

Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

D. Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final.

E. The CJIS criminal record check of each Contractor Personnel who will work on

State premises shall be reviewed and documented by the Contractor for convictions of any of the following crimes described in the Annotated Code of Maryland, Criminal Law Article:

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

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

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

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

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

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

F. Contractor Personnel that would have access to systems supporting the State or to

State data who have been convicted of a felony or convicted of a crime involving telecommunications and electronics or convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on the Contract.

G. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in

Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the

Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

2.4.2 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 and may be barred from entrance or exit until

IFB for Maryland Department of Health Page 14 of 42 such time that the State’s conditions and queries are satisfied. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

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

Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

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

C. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art.

Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of any of the

Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

2.4.3 Substitution of Personnel

If the solicitation requires that a particular individual or personnel be designated by the Bidder/Offeror to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

IFB for Maryland Department of Health Page 15 of 42

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. The 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.

IFB for Maryland Department of Health Page 16 of 42

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.

B. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the _10th__ business day of the month following the end of the invoice period.

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

3.3.2 Labor Hour/Time and Materials Invoicing

All labor hour/time and material invoices shall be accompanied by a timesheet signed by the

Contract Monitor as described below and notice(s) of acceptance issued by the State: DPAF for each time period invoiced (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAccept anceForm-DPAFsample.pdf =Include for each person covered by the invoice the following information: name, hours worked, hourly labor rate, invoice amount, and a copy of each person’s timesheet for the period signed by the Contract Monitor.

3.3.3 Timesheet Reporting

Within three (3) Business Days after the 15th and last day of the month, the Contractor shall submit a semi-monthly timesheet for the preceding half month providing data for all

Contractor Personnel / employees / resources working under the Contract.

At a minimum, each semi-monthly timesheet shall show:

1) Title: “Time Sheet for <<xxxxx>>”;

2) Issuing company name, address, and telephone number;

3) For each Contractor employee /resource:

a) Contractor employee / resource name, and

b) For each period ending date, e.g., “Period Ending: mm/dd/yyyy” (Periods run

1st through 15th, and 16th through last day of the month.):

i) Tasks completed that week and the associated deliverable names and

ID#s;

ii) Number of hours worked each day;

http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf

IFB for Maryland Department of Health Page 17 of 42

iii) Total number of hours worked that Period;

iv) Period variance above or below 40 hours;

v) Annual number of hours planned under the Task Order;

vi) Annual number of hours worked to date; and

vii) Balance of hours remaining;

4) Annual variance to date (Sum of periodic variances); and

5) Signature and date lines for the Contract Monitor.

Time sheets shall be submitted to the Contract Monitor prior to invoicing. The Contract Monitor shall sign the timesheet to indicate authorization to invoice.

3.4 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:

1. The amount invoiced is inconsistent with the Contract;

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

Contract;

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

4. The item or services have not been accepted;

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

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

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

8. 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

9. 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.

3.4.1 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.5 Liquidated Damages

3.5.1 MBE Liquidated Damages

IFB for Maryland Department of Health Page 18 of 42

MBE liquidated damages are identified in Exhibit 2 - Sample Contract.

3.5.2 Liquidated Damages other than MBE

Liquidated damages other than MBE are not applicable.

3.5.3 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.

3.6 Work Orders

A. Additional services and resources will be provided via a Work Order process utilizing

Exhibit 5 - “T&M Work Order Approval Authorization MDH OFMD” form. Work shall not begin in advance of a fully executed Work Order. A Work Order may be issued for either fixed price, labor hour contract, and time and material contract (T&M).

T&M Work Orders will be issued in accordance with pre-approved Labor Categories with the fully loaded rates on the Attachment B – The Price Form. Work Order

Requests are to be submitted on Exhibit 5 - T&M Work Order Approval

Authorization MDH OFMD form for or the provision of services or resources that are within the scope of this IFB will be issued to the Contractor. The Work Order Request will include:

IFB for Maryland Department of Health Page 19 of 42

1) Technical requirements and description of the service or resources needed;

2) Performance objectives and/or deliverables, as applicable;

3) Due date and time for submitting a response to the request; and

4) Required place(s) where work must be performed.

B. The Contractor shall e-mail a response to the Contract Monitor within the specified time and include at a minimum:

1. A response that details the Contractor’s understanding of the work;

2. A price to complete the Work Order Request using the format provided (see

Exhibit 5).

3. A description of proposed resources required to perform the requested tasks, with labor categories listed in accordance with Appendix 3.

4. An explanation of how tasks shall be completed. This description shall include proposed subcontractors and related tasks.

5. The Contractor’s expectations for State-furnished information, work site, and/or access to equipment, facilities, or personnel

6. The proposed personnel resources, including any subcontractor personnel, to complete the task.

C. For a T&M Work Order, the Contract Monitor will review the response and will confirm the proposed labor rates are consistent with this IFB. For a fixed price Work Order, the

Contract Monitor will review the response and will confirm the proposed prices are acceptable.

D. The Contract Monitor may contact the Contractor to obtain additional information, clarification or revision to the Work Order, and will provide the Work Order to the

Procurement Officer for a determination of compliance with the Contract and a determination whether a change order is appropriate. Written Procurement Officer approval is required before Work Order execution by the State.

E. Proposed personnel on any type of Work Order shall be subject to the State’s prior approval. The Contractor shall furnish resumes of proposed personnel specifying the labor category(ies) proposed. The Contract Monitor shall have the option to interview the proposed personnel and, in the event of an interview or not, shall notify the Contractor of acceptance or denial of the personnel.

F. Performance of services under a Work Order shall commence consistent with an NTP issued by the Contract Monitor for such Work Order.

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

3.7 Payments by Electronic Funds Transfer

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

IFB for Maryland Department of Health Page 20 of 42

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:

https://www.marylandcomptroller.gov/state-agencies/accounting/eft-ach-for-vendors.html.

3.8 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:

https://gomdsmallbiz.maryland.gov/Pages/Legislation-and-Policy.aspx

3.9 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.10 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 this 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.”

https://www.marylandcomptroller.gov/state-agencies/accounting/eft-ach-for-vendors.html https://gomdsmallbiz.maryland.gov/Pages/Legislation-and-Policy.aspx

IFB for Maryland Department of Health Page 21 of 42

3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

Certain documentation may be available for potential Bidders to obtain electronically or to review hard copies at a location identified by the Procurement Officer. If such documentation is identified, Bidders will be required to sign a Non-Disclosure Agreement in the form of

Attachment 3 – Non-Disclosure Agreement (Bidder/Offeror) prior to the documentation being provided by the Procurement Officer.

3.11.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement

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

3.12 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/.

3.13 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.

3.14 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:

3.14.1 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. Errors and Omissions/Professional Liability - One million dollars ($1,000,000) per combined single limit per claim and three million dollars ($3,000,000) annual aggregate.

C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of one million dollars ($1,000,000) per loss, and a minimum single loss https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for Maryland Department of Health Page 22 of 42 retention not to exceed ten thousand dollars ($10,000), with the State of Maryland listed as a “loss payee.”

D. 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.

3.14.2 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.

3.14.3 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.

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

3.14.5 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.

3.14.6 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.

3.15 Corrective Action Plan (CAP)

A. MDH may issue a request for a CAP to address Contractor performance issues. If any

Contractor requirements as described in the IFB Contract are not satisfactorily performed, in the determination of the Contract Monitor, the Contractor shall submit a CAP upon request, describing all actions it will take to ensure that the impacted requirements will be satisfied thereafter. This CAP must be submitted to the Contract Monitor for approval within five (5) days of the Contract Monitor's written request identifying such deficiencies.

B. The Contractor shall include the following in the CAP:

1. Background information;

2. Problem definition statement;

3. Findings and root cause description;

4. Corrective actions; and

IFB for Maryland Department of Health Page 23 of 42

5. Corrective action implementation dates

C. If the Contract Monitor is not satisfied that the Contractor’s proposed CAP will prevent a recurrence of the deficiency(ies), the Contract Monitor will notify the Contractor and require a revised CAP. The revised CAP must be submitted to the Contract Monitor within three (3) days of the Contract Monitor’s rejection of the previous CAP.

IFB for Maryland Department of Health Page 24 of 42

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

4.2.1 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 Bidder be provided in writing or hard copy.

4.2.2 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.

4.2.3 “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.

4.3 Pre-Bid Conference

4.3.1 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.

4.3.2 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…