IFB - Inventory Reconciliation.pdf

Physical Inventory & Reconciliation Solicitation #: AGY-27-022-SR IFB Document

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STATE OF MARYLAND

MARYLAND TRANSIT ADMINISTRATION

(MTA)

INVITATION FOR BIDS (IFB)

PHYSICAL INVENTORY & RECONCILIATION

IFB NUMBER AGY-27-022-SR

ISSUE DATE: SEPTEMBER 22, 2026

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Service - Physical Inventory & Reconciliation

Solicitation Number:

AGY-27-022-SR

IFB Issue Date: September 22, 2026

IFB Issuing Office:

Maryland Transit Administration (MTA or the "Administration")

Procurement Officer:

Cassandra Gilbert Office of Procurement 6 Saint Paul Street, 7th Floor Baltimore, MD 21202

Email:

Phone Number:

cgilbert@mdot.maryland.gov

410-767-3576

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number AGY-27-022-

SR

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

No Bid Notice Feedback Form

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

Pre-Bid Conference:

September 29, 2026 Local Time, at 10 AM Via Microsoft Teams See Section 4.3 for additional details.

See Attachment 2 to RSVP by September 29, 2026 by 4 PM

Questions Due Date and Time:

October 7, 2026 Local Time 2:00 PM

Bid Due (Closing) Date and Time:

October 28, 2026 Local Time 1:30 PM Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

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Public Bid Opening Date, Time, and Location

October 28, 2026 Local Time 1:30 PM Via Microsoft Teams

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.

VSBE

Subcontracting Goal:

N/A

Procurement Method:

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

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Firm Fixed Price

Contract Duration:

Five (5) year base period without option periods.

Primary Place of Performance:

Various locations throughout Maryland

SBR Designation: No

Federal Funding: No

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.4 Supplemental Category of Work Requirements and Responsibilities ...... Error! Bookmark not defined.

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.11 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

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4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

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

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Small Business Preference

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

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

A. The Bidder and any assigned Site Contract Manager shall have a minimum of five (5) years of verifiable experience reconciling at least 20,000 inventory records with an aggregate asset value exceeding fifty million dollars ($50,000,000) across multiple locations.

As proof of meeting this requirement, the Bidder shall submit with its Bid three (3) references from the past five years for physical inventory and reconciliation services performed. Each reference shall include:

• Name of the client organization;

• Name, title, telephone number, and e-mail address (if available) of the client’s point of contact; and

• The value, type, duration, and description of the services provided.

B. The Bidder, as a company, shall have a minimum of five years of verifiable experience in inventory and reconciliation. The experience shall include a contract of similar size and scope, spanning multiple locations, with at least 20,000 inventory records and an aggregate total asset value of fifty million dollars.

As proof of meeting this requirement, the Bidder shall submit with its bid three (3) references. The references shall include all information listed on the reference check form, as well as the dollar value, duration, type and description of services provided.

C. The Bidder’s Contract Manager shall have a minimum of five years of verifiable experience in inventory and reconciliation. The experience shall include a contract of similar size and scope, spanning multiple locations, with at least 20,000 inventory records and an aggregate total asset value of fifty million dollars.

As proof of meeting this requirement, the Bidder shall submit with its bid three (3) references, that are not affiliated with the Bidder or each other. The references shall include all information listed in the reference check form, as well as the dollar value, duration, type and description of services provided.

D. The Bidder’s Project Manager shall have a minimum of five years of verifiable experience in inventory and reconciliation.

As proof of meeting this requirement, the Bidder shall submit with its bid three (3) references. The references shall include all information listed on the reference check form, as well as the dollar value, duration, type and description of services provided.

E. The Bidder shall provide a Project Manager with a minimum of five (5) years of experience leading and managing inventory record reconciliation efforts.

As proof of meeting this requirement, the Bidder shall submit with its bid a detailed resume of the Project Manager who will be working under the Contract.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): conduct a comprehensive physical inventory triennially, and a sensitive item inventory annually, and validate the pre-existing inventory records.

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

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

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

2.2 Background and Purpose

The MTA is seeking a Contractor to conduct physical and comprehensive inventory for its perpetual and fixed assets. In accordance with the Maryland Department of General Services (DGS) Inventory Standards and Support Services Manual, State agencies are required to conduct a comprehensive physical inventory triennially, and a sensitive item inventory annually. The information shall be used to validate the pre-existing inventory records, by way of comparison with the records obtained from the vendor for the services conducted through the utilization of this solicitation.

2.2.1 Project Goals

The Contractor shall be responsible for reconciling 29,000 items of inventory, spanning more than 400 locations. The overall value of the assets to be inventoried exceeds 4 billion dollars. The MTA anticipates increases in both the number of locations and items requiring inventory services.

The Contractor shall perform physical inventories and conduct a comparison with the existing inventory records to assure that records exist for each item. In the event that an item does not have an existing record, those items shall be investigated in an attempt to locate an existing record. If no record can be located, the item shall be reported in the Contractor’s final report. See Appendix A of this IFB for a sample of items per location.

There are two types of inventories required under this solicitation. A comprehensive inventory, which is a complete physical inventory count that includes all “Capital Equipment” and “Sensitive Items”, which must be completed by the Contractor at least once every three years, and a Sensitive items only physical inventory is to be conducted once every year.

a. The Contractor will conduct a physical inventory based on the following classifications:

b. Comprehensive (Nonexpendable Item) – Any non-sensitive capital equipment item or furnishing having a probable useful life in excess of one year and an original cost of $500 or more per unit, such as, furniture, machinery, vehicles, other apparatus. This inventory shall happen in conjunction with the Sensitive Items inventory.

c. Sensitive Items - Capital or non-capital equipment items useful life shall exceed one year, with an original cost of $250 or more per unit. These items include, but are not

IFB for Maryland Transit Administration Page 8 of 32 limited to: computer equipment, such as, laptops, notebook computers, tablets, recording devices, portable tools, hand radios, cameras, and any items with a history of high theft or that is easily concealable regardless of cost . Firearms and other MTA law enforcement devices are sensitive items, and shall be included in the sensitive inventory regardless of acquisition cost. All telecommunication devices, except for those assigned to MTA Police, are tracked by the Telecommunications Division and are excluded from inventory. The MTA, at its own discretion, reserves the right to adjust requirements for what qualifies as a sensitive item. The Contractor must provide inventory for any items that the MTA qualifies as a sensitive item. The request will be submitted in writing from the Contract Monitor.

2.2.2 State Responsibilities

The MTA shall provide a small office area at its Head Quarters – 6 Saint Paul Street, Baltimore, MD 21202. The amenities shall include:

a) A desk;

b) A filing cabinet; and

c) A telephone

Please note: for security reasons, the Contractor will be unable to connect computers or equipment directly to the State Agency’s LAN or WAN, unless security trainings and procedures and completed and the Contractor has received prior written approval.

2.3 Scope of Services

A. The Contractor shall provide a Site Contract Manager, capable of managing multiple teams of individual(s) to reconcile differences between the MTA perpetual records and the physical inventories taken In the event that the Contract Manager is unavailable or removed from the Contract, any replacement shall follow the requirements stated in the Substitution Personnel section of this IFB. The individual replacing the Contract Manager shall be of equal capability based on the qualifications described in this section. All changes to the Contractor’s Management Team working on this Contract will require the prior written approval of the MTA Contract Monitor. The change in staff shall not include additional cost to the MTA, unless a formal change order is granted.

B. The Contractor shall conduct a comprehensive physical inventory of the MTA fixed assets in a systemic, location-by-location manner. The requirements for this service include the following:

i) Locate all items listed as existing at the site in MTA’s perpetual inventory records, reporting any asset relocations to ensure records are up-to-date and include correct location information.

ii) Remove any old or existing inventory stickers from items, and/or areas. Mark or tag each completed item or area with a new sticker, or small label, indicating that it has been inventoried. The tags shall include a date to indicate when the service was performed.

iii) Identify any items classified as Capital Equipment that do not have MTA State Property Tags. The items shall be documented and must be included on the inventory report as potential uncounted assets. The items shall be verified or counted as Unreconciled Items against the perpetual inventory records. Once the items are identified, MTA personnel shall be responsible for tagging these items with MTA State Property Tags.

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iv) Compare the list of items from the completed inventory list against the perpetual records. The Contractor shall create an Excel Spreadsheet that depicts a table of items with the following classifications:

1. Items match perpetual records

2. Items that are tagged and include a barcode

3. Items not listed in the perpetual records but are tagged and have a barcode

4. Items containing no tag, that cannot be compared to the perpetual records.

The Contractor shall populate as many data fields as possible for items not in the perpetual record, including detailed description, location and serial number (if any). The information shall be shared with the MTA via the excel spreadsheet (Appendix B).

v) The Contractor’s Project Manager shall write, on company letterhead, a validation memo confirming the accuracy and completeness of the inventory count. The written validation shall be submitted to the MTA Contract Monitor, along with the final inventory reconciliation report at the conclusion of each inventory cycle.

2.4 Locations

A list of MTA locations is provided in Appendix C of this IFB. Inventory Reconciliation shall be performed not only at MTA facilities, maintenance and repair areas, parking lots, warehouses, offices and stations, but also along transit routes. This includes bus shelters, bus loops, and any other locations where MTA operates.

2.5 Responsibilities

The Contractor’s Project Manager shall be responsible for the following:

a) Verify and provide authorization of all work performed, including but not limited to inventory counts, scheduling and appropriate staffing.

b) Progress Schedule:

i) The Contractor shall provide the MTA Contract Monitor with a progress report every two weeks that include the items location, including building, number of files completed, and the hours worked. The information contained within the progress reports shall be included in the Contractor’s invoice. Failure to comply with the submission schedule, or the provision of inaccurate information, may result in Failure to include information that matches the progress repo a delay of payment, or the withholding of payment until the updated or completed report is provided.

ii) Provide the MTA Contract Monitor with a Progress Schedule as a word document no less than seven (7) calendar days prior to beginning the physical inventory and reconciliation service.

iii) The Progress Schedule must contain the physical inventory and reconciliation methodology, and shall include: proposed dates, estimated amount of time, number of required personnel, and milestones for inventory completion at each location; The Progress Schedule shall be submitted to the Contract Monitor for

IFB for Maryland Transit Administration Page 10 of 32 review and approval. Any changes or revisions requested by MTA’s Contract Monitor shall be completed by the Contractor. MTA’s Contract Monitor will provide approval of the Progress Schedule in writing, further facilitating location access and escorts for required locations, based upon the information delineated in the Progress Schedule. The Contractor shall not begin work until the Progress Schedule is approved by the Contract Monitor, and all required location access has been coordinated.

iv) The Contractor shall document any changes to the Progress Schedule, providing the updates in writing, to the Contract Monitor for review and approval. The changes shall not be implemented without approval from the Contract Monitor or Appointed Designee.

2.5.1 Delivery and Format for Inventory Data

All documents shall be compatible with Microsoft Office 360, or earlier versions of Microsoft.

Failure to submit the documents/reports as specified in this section may constitute a breech of Contract and may result in the issuance of a cure notice or result in a contract cancellation.

a) At the end of each period, the Contractor shall complete a Physical Inventory Reconciliation report as an excel document, detailing the type of inventory preformed. This document shall be submitted electronically to the Contract Monitor.

b) Once work has begun, the Contractor shall submit an update, or inventory report, as an excel file to the Contract Monitor every two weeks.

c) The reports shall include the following information:

i) Item description (i.e. 2005 Honda Civic, 1.4 Liter Engine);

ii) Inventory Date;

iii) Location – Street Address and the location of the physical item (i.e. 6 Saint Paul Street, Baltimore, MD 21202 – 7th Floor, Office of Procurement, File Room #735);

iv) The barcode number; and

v) Quantity

2.5.2 Final Report

a) The Contractor shall provide a final report within the timeframe specified below. The report shall include an Inventory Reconciliation, an overall summary of items reconciled, a schedule of undetermined assets, listing of all outstanding items and listing of total item counts found per location.

b) One electronic copy shall be sent to the MTA Contract Monitor.

c) All final Physical Inventory Reconciliations for the period and type are due by the following schedule:

Year 1 (2/1/2027-6/30/2027) – FY2027 Comprehensive Inventory Due Date 9/30/2027 Year 2 (7/1/2027-6/30/2028) – FY2028 Sensitive Inventory Due Date 6/30/2028 Year 3 (7/1/2028-6/30/2029) – FY2029 Sensitive Inventory Due Date 6/30/2029 Year 4 (7/1/2029-6/30/2030) – FY2030 Comprehensive Inventory Due Date 6/30/2030 Year 5 (7/1/2030-6/30/2031) – FY2031 Sensitive Inventory Due Date 6/30/2031

2.5.3 Access to MTA Properties

Personnel conducting the Physical Inventory and Reconciliation shall be escorted by an authorized Maryland Transit Administration (MTA) Employee(s) at all times. Temporary identification badges will be issued to all individuals assigned to the Contract for the

IFB for Maryland Transit Administration Page 11 of 32 duration of the inventory activities. MTA Security shall be formally notified in advance of anticipated inventory dates, inventory activities to be completed, and the authorized groups expected to be present within MTA facilities.

The Contractors’ employees working under the Contract shall utilize location entrances and access points that are approved by the Contract Monitor and comply with MTA security protocols.

2.5.4 Safety and Conduct of Employees

a) Some of the locations receiving these services are within 25 feet of the train tracks, which requires Rail Worker Protection (RWP) training. Any employee expected to work at these locations must participate in RWP training, which consists of a one-day safety course. The course is coordinated and provided by the Rail Owner/Operator, or the MTA, and must be completed before access can be granted to these sites. The cost of the training shall be covered by MTA and/or Rail Owner. These expenses do not include reimbursement for paid time off, food or travel expenses, and are strictly limited to the training course itself. The MTA Contract Monitor will notify the Contractor of what locations require this training, in an effort to better coordinate who will need to attend.

b) The Contractor shall take special precautions to prevent the access of unauthorized personnel into the MTA facilities. Access gates/doors will remain locked at all times when not in use. Employees assigned to this Contract shall conduct themselves in a safe, professional and respectful manner at all times. The Contractor shall be responsible for the safety and conduct of its employees, and is liable for any action or inaction of the employees performing under this Contract. The Administration reserves the right to request the removal of any and/or all of the Contractor’s employees.

2.5.5 Railroad Worker Protection Training

a) All Contractor Personnel must be certified in Railroad Worker Protection (RWP), CSX and AMTRAK training prior to working under this contract, on any of the MTA rail properties and CSX and AMTRAK service lines. Personnel must always carry valid certifications with them while on MTA properties and along CSX and AMTRAK service lines and shall renew the certifications annually.

b) RWP training is provided to the Contractor at no cost by the MTA Office of Training and Development in a one-day classroom session at the North Avenue facility. CSX and AMTRAK online certification courses require a fee, which must be paid by the Contractor and will be reimbursed upon submission of proof of payment. Labor hours for attending any RWP, CSX, or AMTRAK initial or annual certification training— whether classroom or online—are not reimbursable.

c) It is the responsibility of the Contractor to ensure all personnel assigned to the contract maintain current and up-to-date RWP, CSX and AMTRAK certification, without interruption, at all times throughout the term of the contract.

d) Personnel must receive the RWP, CSX and AMTRAK certification prior to being assigned to conduct work at any of the MTA rail facilities, CSX and AMTRAK service lines.

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e) To schedule RWP classroom enrollment or the online annual renewal, along with the initial and annual online CSX and AMTRAK rail safety training, contact:

Brian Haden via email at BHaden@mdot.maryland.gov

2.5.6 Security of Information

The Contractor shall maintain the confidentiality of all inventory information. This includes information that is electronically generated, received, stored, printed, filmed, and/or typed. The Contractor and any relevant Employees shall take measures to ensure that the information is secure and accessible only by authorized personnel.

The Contractor shall take all measures necessary to ensure data security including, physical security, disaster recovery, and data disposal.

The Contractor shall ensure that all employees and sub-contractors understand and comply with this Policy.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

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

3.2 End of Contract Transition

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

3.3 Invoicing

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

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

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

I. Goods or services provided;

J. Amount due; and

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

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

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

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

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

3.3.1 Invoice Submission Schedule

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

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

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 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

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

3.4.2 Liquidated Damages other than MBE

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

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

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

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

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

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

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

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

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

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

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

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

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

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

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

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

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 Conflict of Interest Affidavit and Disclosure

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

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and

IFB for Maryland Transit Administration Page 16 of 32 procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

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

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.10.2 Non-Disclosure Agreement (Contractor)

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

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

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

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

3.13 Insurance Requirements

The Contractor shall procure and maintain for the duration of the contract, including option periods if exercised, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher:

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

A. Commercial General Liability - Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including bodily injury, property damage, personal and advertising injury, products and completed operations, and liability assumed under an insured contract, with limits no 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 Transit Administration Page 17 of 32 less than two million dollars ($2,000,000) per occurrence and four three million dollars ($4,000,000) general aggregate The minimum limits herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability – Insurance appropriate to the Contractor’s profession, with limits no less than Two million dollars ($2,000,000) per occurrence or claim and four million dollars ($4,000,000) 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 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 accident for bodily injury or disease (unless a state’s law requires a greater amount of coverage).

Coverage must be valid in all states where work is performed. Policy shall be endorsed to include a waiver of subrogation granted in favor of the State of Maryland and Maryland Transit Administration.

E. Commercial Auto Liability - ISO Form Number CA 00 01 covering any auto, or if Contractor has no owned autos, hired, and non-owned autos, with limit no less than $2,000,000 per accident for bodily injury and property damage. Policy shall be endorsed to include an additional insured status and a waiver of subrogation in favor of the State of Maryland and Maryland Transit Administration.

Coverage shall be primary and noncontributory.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Maryland Transit Administration requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Maryland Transit Administration.

3.13.2 Additional Insured Status - The State of Maryland and MDOT Maryland Transit Administration, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

The State of Maryland and MDOT Maryland Transit Administration, its officers, officials, employees, and volunteers shall also be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella/excess liability policies, excluding Workers’ Compensation Insurance and professional liability.

3.13.3 Primary Coverage - For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

3.13.4 Umbrella or Excess Policy - The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The Umbrella or Excess policies shall be provided on

IFB for Maryland Transit Administration Page 18 of 32 a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.

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

3.13.6 Waiver of Subrogation - Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation and provide a copy to the Entity, but this provision applies regardless of whether or not an endorsement has been issued.

3.13.7 Claims Made Policies (note –should be applicable only to professional liability) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

3.13.8 Acceptability of Insurers - Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to Maryland Transit Administration.

3.13.9 Verification of Coverage - The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and amendatory endorsements or copies of the applicable policy language effecting coverage required by this section within five (5) Business Days from notice of recommended award. Failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. Maryland Transit Administration reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

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

3.13.11 Special Risks or Circumstances – Maryland Transit Administration Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other spec

IFB for Maryland Transit Administration Page 19 of 32

4 Bid Submission Information and Instructions

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

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

4.2 Electronic Means

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

A. Submission of Bond documents determined by the State to require original signatures; or

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

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

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

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

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

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

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

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

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

IFB for Maryland Transit Administration Page 20 of 32

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

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

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

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

4.5 Bid Due (Closing) Date and Time

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

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

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

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

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

4.6 Receipt, Opening and Recording of Bids

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

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

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

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 180 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.

IFB for Maryland Transit Administration Page 21 of 32

4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

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

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

4.9.2 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.