IFB-Large Commercial Dishwasher. 12.10.2025.pdf

Large Commercial Dishwasher Replacement for SHC Solicitation #: BPM051538/001IT821516 IFB Document

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STATE OF MARYLAND

SPRINGFIELD HOSPITAL CENTER

(MDH – SHC)

INVITATION FOR BIDS (IFB)

LARGE COMMERCIAL DISHWASHER

IFB NUMBER: BPM051538/001IT821516

ISSUE DATE: 12/10/2025

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

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the 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 certified small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Commodities-Large Commercial Dishwasher

Solicitation Number:

BPM051538

IFB Issue Date: December 10, 2025

IFB Issuing Office:

SPRINGFIELD HOSPITAL CENTER (MDH - SHC or the "Hospital Center")

Procurement Officer:

Cindy McCauley

Email:

Phone Number:

Cindy.mccauley5@maryland.gov

410-767-4082

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number BPM051538 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:

December 23rd, 2025, Local Time 2:30 p.m.

At the Administration Building, Room 105, (Admin Large Conference Room) Address:

6939 4th Street Sykesville, MD, 21784 See the attached "SHC Contractor Procedures which provide details of the procedure that all contractors/vendors must adhere to when attending the pre-bid/site visit and performing any work on campus.

See Section 4.3 for additional details.

See Attachment 2 to RSVP by December 19, 2025, EOB

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Scheduled Site Visit

December 23rd, 2025, Local Time 3:30 p.m.

Site Visit: At the Food Services Building, Room 106 A-C (Dish room) Address:

1270 3rd Street Eldersburg, MD 21784

To attend the site visit, please see the attached “SHC Contractor Procedures which provide specific details that all contractors/vendors must adhere to when attending the pre-bid/site visit and performing any work on campus.

Questions Due Date and Time:

January 6, 20205 Local Time 4:00 p.m.

All questions should be submitted in the Q&A section of eMMA.

Bid Due (Closing) Date and Time:

January 23, 2025, Local Time 2:00 p.m.

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

Public Bid Opening Date, Time, and Location

December 10, 2025 Bids will open on eMMA.

MBE Goal: An overall Minority Business Enterprise (MBE) participation goal of _10____ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of __0___% 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

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Contract Duration:

One-time purchase

SBR Designation: Yes

Federal Funding: No

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

2.4.1 Mercury and Products That Contain Mercury

2.4.2 Green Purchasing

2.4.3 Appliance, Product Requirements

2.4.5 Unit Prices

2.4.7 Specifications Supplemental

2.4.8 Delivery and Acceptance

2.4.9 EPA Compliance

2.4.10 Occupational Safety and Health Act (OSHA)

2.4.11 Returned Goods

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 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.5 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)

3.11.2 Non-Disclosure Agreement (Contractor)

3.12 Maryland Healthy Working Families Act Requirements

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

3.14 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

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

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

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

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

A. The Bidder shall be Registered and have an Active Status in eMMA.

B. The Bidder shall have all licenses/permits to conduct business in the state of Maryland and to complete the work as specified in the scope of work, as required by the State of Maryland. The Bidder must submit the required certifications with their bid package.

Required Documentation: The Bidder shall provide with its Bid, licensing and/or authorization to perform plumbing, electrical, and construction work in the State of Maryland.

i. DLLR Maryland Board of Plumbing licensed Journeyman or Master Plumber.

ii. DLLR Maryland Board of Plumbing licensed Apprentice Plumber/helper

iii. DLLR Maryland Board of Electricians licensed Journeyman or Master Electrician

iv. DLLR Maryland Board of Electricians licensed Apprentice Plumber/helper

C. The Commercial Dishwasher replacement must be ENERGY STAR certified, using the most recent version of the ENERGY STAR certification system in effect at the time of purchase and meet the requirements specified in the Maryland Green Purchasing Committee Approved Specification for Appliances

D. The Bidder shall provide with its Bid "Attachment L Reference

Checks" with two or more references filled out; that can attest to the quality of work performed and provide evidence of at least 3 years of experience (combined) installing commercial grade appliances and the plumbing and electrical disciplines related to the work.

https://dgs.maryland.gov/Documents/DCE%20-%20Green%20Purchasing/Specs/AppliancesSpecification.pdf https://dgs.maryland.gov/Documents/DCE%20-%20Green%20Purchasing/Specs/AppliancesSpecification.pdf

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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”): Replacement and installation of a new Large Commercial Energy Star Certified Dishwasher.

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

Springfield Hospital Center, located at 6655 Sykesville, Maryland, is a fully Joint Commission-accredited and CMS-certified facility, and is an integrated part of the State of Maryland's mental health services delivery system, providing inpatient treatment for adults. It is imperative that the functions of the Hospital Center include a large commercial Energy Star-certified dishwasher available for regular daily use to provide sanitation and general cleaning functions as required by the State of Maryland Department of Health and the Joint Commission.

2.2.1 Project Goals

Springfield Hospital Center (SHC) is seeking a vendor to provide and install a large commercial Energy Star-certified dishwasher and dispose of the current Dishwasher located in the Dietary building at Springfield Hospital Center, 6655 Sykesville, MD. 21784.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State may designate additional personnel to monitor or oversee the scope of work and deliverable items under this solicitation and subsequent contract. Final inspection and approval of work performed are to be conducted by the Springfield Hospital Center Director of Maintenance, the Director of Nutrition Services, and the Contract Monitor, or their designees.

SHC Director of Maintenance

A. The SHC Director of Maintenance is responsible for the review of the manufacturer's/supplier’s specifications sheets, shop drawings (if requested), and any other requested information for all materials to be used as part of the services requested within the solicitation and the subsequent contract.

B. SHC Director of Nutrition Services

1. The SHC Director of Nutrition Services is responsible for the review of the general operations of the newly installed large commercial Energy Star-certified Dishwasher.

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2.2.3 Other State Responsibilities

A. The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. Any special requirements shall be identified in advance.

B. The State will provide all required information, data, and documentation necessary to facilitate the Contractor’s performance of the work.

C. The Contract Monitor will coordinate with the Contractor to schedule all required services within 30 to 60 days from the date of award.

D. Prior to commencing the work, the Awarded Contractor shall meet with the Director of Maintenance and the Director of Nutrition Services

• Review of the full Scope of Work and applicable Contractor Guidelines:

• Confirm sign-in/out procedures, fire/safety requirements, and facility access protocols;

• Discuss generator maintenance and relevant facility policies;

• Establish a sequence of work, means of access, and any use of approaches or facilities; and

• Be introduced to the Springfield Hospital Center (SHC) staff with whom the Contractor will be working.

E. Work shall be performed during the general operating hours of SHC, Monday through Friday, 7:00 a.m.-3:30 p.m. No work shall be performed on State-recognized holidays or outside these hours prior to written approval from the Director of Maintenance, Contract Monitor, or their designee.

F. If it becomes necessary to perform work on the weekends, holidays, or at times other than those stated above, the Contractor must obtain prior written authorization from the State’s representative. Approval of alternate working hours shall not result in any additional cost to the State unless expressly authorized in writing by the Contract Monitor or Director of Maintenance.

G. State Holidays shall be observed by the Contractor and shall include:

1. New Year’s Day

2. Martin Luther King Day

3. President’s Day

4. Memorial Day

5. Juneteenth

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veteran’s Day

10. Thanksgiving Day

11. Native American Heritage Day

12. Christmas Day

And all other additional days authorized by the Governor’s plus official general election holidays.

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2.3 Contractor Responsibilities and Tasks

The Contractor shall furnish all labor, material, equipment, tools, supervision, transportation, insurance, and permits necessary to remove the current commercial dishwasher, disposal and installation of a new large commercial Energy Star certified dishwasher at the Springfield Hospital Center, 6655 Sykesville Road, Sykesville, MD 21784. All services requested by SHC and administered by the Contractor will adhere to applicable local, state, and federal code requirements.

A. Large Commercial Energy Star Certified Dishwasher Specifications, removal and

Installation Requirements.

i. Provide delivery of all equipment and auxiliary equipment necessary for removal and installation, as well as all utility connections.

ii. Protect areas of operation, quarantine areas as needed and meet health code requirements for commercial kitchen use during installation.

iii. Perform removal and disposal of the current dishwasher and associated equipment.

1. Model to be removed information, Serial # and model: 271139889 –

Hobart FLIGHT TYPE WAREWASHER/FT900

iv. Provide supervision of removal and disposal of old equipment.

v. Provide supervision of reassembly, installation, start-up, and training for operational use and maintenance of equipment.

vi. Provide third party plumbing and electrical inspection as needed.

vii. Provide a Large Commercial Energy Star certified dishwasher that is equivalent to or exceeds the FT1000se BASE ELECTRIC Flight-Type Dishwashing

Machine specifications.

viii. Provide electrical connection for voltage 3 AC 208 V /240V or as deemed appropriate for facility needs.

ix. The Contractor shall provide all necessary water supply connections in accordance with the dishwasher manufacturer’s specifications and the facility’s existing plumbing conditions. Connections shall be designed to accommodate the facility’s water hardness level, including any required filtration or water treatment to ensure proper equipment performance and longevity.

B. Equipment Delivery and Installation

1. Delivery of equipment shall be performed within 30 days of award/selection, with installation beginning no later than 24 hours after delivery. Removal of https://www.hobartcorp.com/sites/default/files/webdam-assets/FT1000Se%20Base%20Electric%20Spec%20Sheet%20F40873%20%2803-22%29.pdf https://www.hobartcorp.com/sites/default/files/webdam-assets/FT1000Se%20Base%20Electric%20Spec%20Sheet%20F40873%20%2803-22%29.pdf

IFB for MDH-Springfield Hospital Center Page 11 of 32 old equipment and installation of new equipment shall be completed within 5 to 7 days of delivery

C. Guarantee of Work Performed and Warranty

1. The Contractor shall provide documentation of the manufacturer’s warranty for all equipment furnished under this Contract.

2. The Contractor shall provide an equipment warranty covering parts and labor for a minimum of two (2) years from the date of initial installation.

3. The Contractor shall further guarantee, for a period of one (1) year from the date of acceptance, that all work performed is free from defects in materials and workmanship. During this period, the Contractor shall, at no additional cost to the State or the Hospital Center, promptly repair or replace any defective work or materials to the satisfaction of the Contract Monitor or designee, including any damage resulting therefrom.

4. If, in fulfilling any warranty or guarantee obligation, the Contractor disturbs or damages work covered under another contract, the Contractor shall restore such work to its original condition and extend the same warranty coverage to the restored portion as was originally in effect.

2.4 Supplemental Category of Work Requirements and Responsibilities

2.4.1 Mercury and Products That Contain Mercury

All products or equipment provided pursuant to this solicitation shall be mercury-free products. The Bidder/Offeror must submit a Mercury Affidavit in the form of Attachment J with its Bid/Proposal.

2.4.2 Green Purchasing

Contractors must comply with Maryland’s Green Purchasing Reporting Requirements.

See the Green Purchasing website for more information. Green Purchasing (maryland.gov)

The State of Maryland is committed to purchasing environmentally preferable 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/Offerors are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

The State of Maryland reserves the right to request from the Contractor quarterly sales data over the life of this contract. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold on this price agreement per the contract specifications.

This information will enable Maryland State agencies to comply with Article §14–405 of the Annotated Code of Maryland and COMAR 21.13.01.14, effective October 1, 2014, which requires Maryland State agencies to report to the Department of General Services on their procurement of environmentally preferable products and services. To facilitate

IFB for MDH-Springfield Hospital Center Page 12 of 32 consistent reporting on targeted contracts, the Contractor will be provided with a VENDOR GREEN SALES REPORT template by the Maryland DGS.

2.4.3 Appliance, Product Requirements

The following products must be compliant with the Appliance Energy Efficiency Standards and listed in the State Appliance Standards Database (SASD), as Maryland compliant:

(1) Air Purifiers

(2) Commercial Dishwashers

(3) Commercial Steam Cookers

(4) Water Coolers

2.4.4 Appliance End of Life Requirements

Contractors installing new refrigerators, freezers, or other appliances and removing old appliances must certify that old products are properly recycled or disposed. Contractors must be able to provide evidence of the appliance’s proper disposal to the State upon request.

a) Small appliances may be disposed of through the Responsible Appliance Disposal (RAD) program referenced below.

(1) Contractors are encouraged to recycle old appliances using a Partner in the US

EPA’s Responsible Appliance Disposal (RAD) program. Partners in the RAD program go beyond federal requirements by responsibly recycling equipment using the best environmental practices available. Recycling facilities servicing RAD partners can be found here https://www.epa.gov/rad .

(2) The RAD Program also provides Example Language for Procuring Refrigerated

Appliance Recycling Services Using Best Environmental Practices:

https://www.epa.gov/sites/default/files/2019-07/documents/rad-program-example-procurement-language.pdf .

(3) Contractors are encouraged to consider becoming a Partner - or an Affiliate (as appropriate) in the EPA’s RAD program.

2.4.5 Unit Prices

Should the Contractor be required to perform work over and above that required by the Contract documents, or should the Contractor be ordered to omit work required by the Contract documents, an equitable adjustment will be made to the Contract price. In determining the amount of any such extra to the Contractor, which is governed by unit prices, the amount of the extra will be the unit price bid/proposal by the Contractor or a reasonable price, whichever is less. In determining the amount of any such credit due to the State, which is governed by unit prices, the amount of the credit will be the unit price bid/proposal by the Contractor or a reasonable price, whichever is greater. Unit prices quoted will be the same for extra work and for credit work and shall be the sum total compensation payable or creditable for such items of work, including all labor, https://www.epa.gov/rad https://www.epa.gov/sites/default/files/2019-07/documents/rad-program-example-procurement-language.pdf https://www.epa.gov/sites/default/files/2019-07/documents/rad-program-example-procurement-language.pdf

IFB for MDH-Springfield Hospital Center Page 13 of 32 materials, bailing, shoring, removal, overhead, profit, insurance, etc. The Procurement Officer will issue one or more Contract modifications to authorize any such additions or deletions of work.

2.4.6 Tax Exemption

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply

2.4.7 Specifications Supplemental

All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in this solicitation.

2.4.8 Delivery and Acceptance

Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The State unilaterally may order in writing the suspension, delay or interruption of performance hereunder. The State reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. The Bidder/Offeror shall promptly replace Rejected materials. The State reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

2.4.9 EPA Compliance

Materials, supplies, equipment, and other services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.

2.4.10 Occupational Safety and Health Act (OSHA)

All materials, supplies, equipment or services supplied as a result of this contract shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act Standards.

2.4.11 Returned Goods

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to costs allowable, reasonable and allocable to the returned goods in accordance with COMAR

21.09. Contractor must provide written proof of claimed costs. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.

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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

Not applicable. This solicitation is for a one-time purchase of goods and does not involve ongoing services requiring transition.

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.

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.

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3.3.1 Invoice Submission Schedule

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

A. At the end of each calendar month, the Contractor shall render to the Springfield Hospital Center their invoice for work done during the month. The Contractor shall indicate their Federal Tax Identification Number or Social Security number and the Purchase Order on the face of each invoice billed to the State.

1. By mail to: Springfield Hospital Center

ATTN: Accounting Department

6655 Sykesville Rd.

Sykesville, MD. 21784 (410) 970-7000

Or by email to:dlspringfield-finance_mdh@maryland.gov

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.

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

The Contract requires the Contractor to comply in good faith with the MBE Program and Contract provisions. The State and the Contractor acknowledge and agree that the State will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not comply in good faith with the requirements of the MBE Program and MBE Contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult to ascertain with precision.

Therefore, upon issuance of a written determination by the State that the Contractor failed to comply in good faith with one or more of the specified MBE Program requirements or MBE Contract provisions, the Contractor shall pay liquidated damages to the State at the rates set forth below. The Contractor expressly agrees that the State may withhold payment on any invoices as a set-off against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of such violation.

(a) Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B (3): fifteen ($15.00) per day until the monthly report is submitted as required.

(b) Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): thirty dollars ($30.00) per MBE subcontractor.

(c) Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the mailto:dlspringfield-finance_mdh@maryland.gov

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MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the Contract.

(d) Failure to promptly pay all undisputed amounts to an MBE subcontractor in full compliance with the prompt payment provisions of the Contract: thirty dollars ($30.00) per day until the undisputed amount due to the MBE subcontractor is paid.

(e) Failure to meet the Contractor’s total MBE participation goal and sub goal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

Notwithstanding the assessment or availability of liquidated damages, the State reserves the right to terminate the Contract and exercise any and all other rights or remedies which may be available under the Contract or Law.

3.5 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

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.7 Payments by Electronic Funds Transfer

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

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

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

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

3.8 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:

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

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 the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

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

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3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

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

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. 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 https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for MDH-Springfield Hospital Center Page 19 of 32 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.

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4 Bid Submission Information and Instructions

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

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

4.2 Electronic Means

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

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

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

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

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

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

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Also, see the attached "SHC Contractor Procedures - Nov 2025," which provides specific details on the procedures that all contractors/vendors must adhere to when attending the pre-bid/site visit and performing any work on campus. 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 https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

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Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

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

4.4 Questions

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

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

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

4.5 Bid Due (Closing) Date and Time

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

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

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.

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4.7 Duration of Bids

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

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

4.8 Revisions to the IFB

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

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

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

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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

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

4.9.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.10 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.11 Protest/Disputes

Any protest or claim related to this IFB or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.12 Bidder Responsibilities

4.12.1 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the

IFB for MDH-Springfield Hospital Center Page 23 of 32 successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

4.12.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix to this IFB (see “Appendix 4 - MBE Participation Goal.)

4.12.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or…