IFB MD DNR Striped Bass Tag.1.14.2026.pdf

Striped Bass Tags Solicitation #: BPM052050/001IT821519 IFB Document

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STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES (DNR)

INVITATION FOR BIDS (IFB)

DEPARTMENT OF NATURAL RESOURCES

STRIPED BASS TAGS

IFB NUMBER: BPM052050/001IT821519

ISSUE DATE: 1/14/2026

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 Commodities - Striped Bass Tags

Solicitation Number:

BPM052050

IFB Issue Date: 1/14/2026

IFB Issuing Office:

Department of Natural Resources (DNR or the "Department")

Procurement Officer:

Cindy McCauley 301 West Preston Street, Baltimore, MD, 21201

Email:

Phone Number:

Cindy.mccauley5@maryland.gov

(410) 767-4082 (office)

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number: BPM052050

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:

Not applicable

Questions Due Date and Time:

January 26, 2026, at 4:00 p.m. Local Time

Bid Due (Closing) Date and Time:

February 13, 2026, at 2:00 p.m. Local Time

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

MBE

Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of __0__ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE

IFB for Department of Natural Resources Page 3 of 26 or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

__0__% for African-American MBEs;

__0__% for Asian-American MBEs;

__0__% for Hispanic-American MBEs; and

__0__% for Woman-Owned MBEs.

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of __0__%

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: Indefinite quantity with fixed unit prices subject to annual adjustment

Contract Duration:

Three (3) years

Primary Place of Performance:

580 Taylor Ave. B-4 Annapolis, Maryland 21401

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

2.2.1 State Staff and Roles

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.3.1 Invoice Submission Schedule

3.3.2 Deliverable Invoicing

3.3.3 Travel Reimbursement

3.3.4 Problem Escalation Procedure

3.4 Work Orders

3.5 Payments by Electronic Funds Transfer

3.6 Prompt Payment Policy

3.7 Federal Funding Acknowledgement

3.8 Conflict of Interest Affidavit and Disclosure

3.9 Non-Disclosure Agreement

3.9.1 Non-Disclosure Agreement (Bidder/Offeror)

3.9.2 Non-Disclosure Agreement (Contractor)

3.10 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.12 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

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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 two (2) years of experience producing and shipping eleven-inch polypropylene tags with integrated metal clips used on commercially harvested fish for individual fish traceability.

1. Positive performance history, with no record of major delays in shipping or contract terminations.

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

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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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”): Production and shipping of tags to be used on commercially harvested striped bass within Maryland.

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 Department of Natural Resources manages the commercial harvest of the striped bass fishery.

The fishery is separated into two geographical areas: Atlantic Ocean (ocean and coastal bays) harvest and Chesapeake Bay harvest. Each commercially harvested fish is tagged and the tags have a unique identification number that is assigned to an individual harvester holding a permit providing them with the ability to harvest striped bass. The tags stay securely affixed to a whole striped bass or accompany fillets until sale to the final consumer. The tags assist in the traceability of the fish harvested. Each year, DNR determines the number of striped bass tags required based on the quota of allowable catch.

2.2.1 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State will assign a Project Manager.

State Project Manager

The State Project Manager will provide the following:

1. The annual tag color (changes each year.)

2. A complete list of harvesters, including their shipping addresses, phone numbers, fishery destination, whether the harvester is in the Atlantic (ATL) or Chesapeake Bay Individual Transferable Quota (ITQ) fishery, and the number of tags each harvester is to receive.

3. The number of tags to be shipped directly to DNR for each fishery, separate from the amounts allocated to the individual harvesters.

4. Be available to assist the Contractor to assist them in answering questions related to tag color, distribution lists, or any other project details.

2.3 Contractor Responsibilities and Tasks

The contractor will be responsible for the production and shipping (mail delivery) of striped bass tags to be used by licensed Maryland commercial harvesters.

The tags must have a tensile breaking strength of 28 pounds open and 110 pounds closed and must retain the tensile strength to 20 degrees Fahrenheit. The tags must be 100% polypropylene with an integrated metal clip. The tags must be 11 inches long by 0.3 inches wide. Each tag must be

IFB for Department of Natural Resources Page 8 of 26 permanently marked with the current calendar year, fishery area (either “ITQ” or “ATL”), “MD SB SALE”, and a sequence number unique to each tag. In addition to printing on the large end of the tag, the unique sequential number will also have to be printed on the narrow end of the tag. The text on the tags, imprinted by heat or laser, will be either white or black colored, best suited to contrast with the tag color.

Tags will be bagged in quantities of 100 tags. Each bag of tags will be sealed and a label will be on the bag stating the tag sequence numbers in the bag, number of tags in the bag, and harvester to which the tags will be shipped. The contractor will ship the bags of tags to commercial striped bass harvesters annually. A subset of these tags will be shipped directly to DNR.

Upon receipt of the annual tag specifications and distribution list from DNR (typically provided in mid-November), the Contractor shall:

• Manufactured tags in accordance with DNR’s color and text requirements;

• Package tags in bags of 100, labeled for the appropriate harvester;

• Ship tags to each harvester using a traceable courier (UPS/FedEx) requiring signature, with DNR as the return address;

• Ensure all tags are delivered by December 15 of each year; and

• Provide DNR, within one week of shipment, a spreadsheet listing all unique tag sequences and tracking numbers.

• Provide DNR, within one week of shipment, a spreadsheet listing all unique tag sequences and tracking numbers.

EXAMPLE of the information provided annually to the contractor by DNR is:

● Tag color = light blue for “ATL” tags and orange for “ITQ” tags

● Text color = black

● 432,000 tags required

○ 8,000 tags with text “2024 ATL MD SB SALE”

○ 424,000 tags with text “2024 ITQ SB SALE”

● List of harvesters, mailing address, tag type, and amount of tags

○ Harvester A: 3 bags of 100 tags (equates to 300 tags). Tag text “2024 ATL MD SB

SALE”. Shipped to 123 Main Street, Cambridge, Maryland, 21876.

○ Harvester B: 40 bags of 100 tags (equates to 4,000 tags). Tag text “2024 ITQ SB SALE”.

Shipped to 465 North Street, Annapolis, Maryland, 21075.

○ Harvester C: 17 bags of 100 tags (equates to 1,700 tags). Tag text “2024 ATL SB

SALE”. Shipped to 159 Snow Street, Ocean City, Maryland, 20168.

○ etc….

The contractor must provide shipment service (including tracking information) from their place of business to Maryland or nearby states, by private courier/transport (such as UPS or FedEx). The shipping company must require a signature for the reception of the package. The Maryland Department of Natural Resources, Fishing and Boating Service at Tawes Building, B-2, 580 Taylor Avenue, Annapolis, MD 21401, must be the return address so that any undeliverable tags are sent to the DNR office.

Timely tag shipping is imperative, as commercial harvesters cannot engage in fishing without tags.

The contractor will ensure that commercial harvesters have their tags by December 15th each year.

Within one week of tag shipment (original order), the contractor shall supply DNR with a spreadsheet (acceptable formats are .xlsx, .xlsm, .xls, or .csv). The first document must be a complete list of unique tag sequences per shipment date issued to each individual harvester or to DNR. Within one

IFB for Department of Natural Resources Page 9 of 26 week of tag shipment (original order), the contractor shall supply DNR with a document that includes all tracking numbers for each box of tags shipped to each harvester.

The number of tags to be produced and shipped to harvesters will change annually. For reference, in the 2025 calendar year, 451,200 tags were required to be produced and shipped to 792 harvesters. In the 2024 calendar year, 464,900 tags were required to be produced and shipped to 808 harvesters.

2.4 Supplemental Category of Work Requirements and Responsibilities See the attached “Commodity Supplemental” associated with this solicitation.

An example picture of the tags is shown here.

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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

This is not applicable. This is a multi-year contract for goods (not services), and no transition activities are required at contract end.

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 annual pricing (see Attachment B–The Price Form), those items shall be billed in monthly installments for the applicable Contract year in the month following the performance of the services.

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

3.3.2 Deliverable Invoicing

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

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

3.3.3 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.3.4 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.

3.4 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.5 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.

3.6 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. A contractor shall promptly pay its subcontractors or suppliers an undisputed amount to which a subcontractor or supplier is entitled for work performed under this contract within 10 days after the contractor receives a progress payment or final payment for work under this contract. If a contractor fails to make payment within the period prescribed in §30.2, a subcontractor or supplier may request a remedy in accordance with COMAR 21.10.08. Additional information is available on GOSBA’s website at:

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

3.7 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.8 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.

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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 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.”

3.9 Non-Disclosure Agreement

3.9.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.9.2 Non-Disclosure Agreement (Contractor)

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

3.10 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/.

3.11 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.

3.12 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:

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

IFB for Department of Natural Resources Page 14 of 26 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.

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.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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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

THIS SECTION IS INAPPLICABLE TO THIS IFB.

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.

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

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4.5 Bid Due (Closing) Date and Time

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

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

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

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

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

4.6 Receipt, Opening and Recording of Bids

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

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

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

4.7 Duration of Bids

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

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.

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4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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

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

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

4.10 Incurred Expenses

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

4.11 Protest/Disputes

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

4.12 Bidder Responsibilities

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

4.12.2 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g., insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.12.3 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly

IFB for Department of Natural Resources Page 18 of 26 involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Appendix 1- Terms and Conditions. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.15 Verification of Registration and Tax Payment

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

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

4.16 False Statements

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

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

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

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

A person may not aid or conspire with another person to commit an act under this section.

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

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and https://egov.maryland.gov/BusinessExpress/

IFB for Department of Natural Resources Page 19 of 26 provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

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

For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.18 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as bid submission.

4.19 Attachments and Documents Required with the Bid (Table A) A Bidder shall include the following Attachments with its Bid as a single Bid Package unless it states “Not Required to Submit” after the attachment letter:

Attachments A through E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments F through R = Bid may be rejected if the required Attachment is not submitted or is incomplete.

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

Bid/Proposal Affidavit A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal

Affidavit.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf

B

The Price Form (as specified within eMMA) Do not alter this Price Form or the Bid may be determined to be not responsive.

The Price Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

C Bid Bond

Not Applicable https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf

IFB for Department of Natural Resources Page 20 of 26

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

D MBE Forms D-1A

Not Applicable

E Veteran-Owned Small Business Enterprise (VSBE) Form E-1A

Not Applicable

F

Bidder Information Sheet https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information- Sheet.pdf

G

Maryland Living Wage Requirements Affidavit of Agreement (for Services and Facilities Maintenance Contracts - See Appendix 6 for

Details) Not Applicable

H Federal Funds Attachments

Not Applicable

I

Conflict of Interest Affidavit and Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

J Mercury Affidavit

Not Applicable

K Location of the Performance of Services Disclosure

Not Applicable

L

Reference Checks (Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past [[five years]]) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

M

List of Current or Prior State Contracts https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State- Contracts.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf

IFB for Department of Natural Resources Page 21 of 26

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

N Legal Action Summary https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-N.-Legal-Action-Summary.pdf

O Payment of Employee Healthcare Expenses Certification

Not Applicable

P Prime Contractor List of ALL Subcontractors

Anticipated/Used During Contract

Not Applicable

Q Labor Resume Form

Not Applicable

R Corporate Diversity Addendum

Not Applicable

Additional Required Documents with the Bid

Financial Capability. The Bidder must include in its Bid a commonly-accepted method to prove its fiscal integrity.

If available, the Bidder shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred).

In addition, the Bidder may supplement its response to this Section by including one or more of the following with its response:

● Dun & Bradstreet Number and Rating;

● Standard and Poor’s Rating;

● Lines of credit;

● Evidence of a successful financial track record; and

● Evidence of adequate working capital.

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in IFB Section 1. If references are required in IFB Section 1, those references shall be included in Attachment L. Reference Checks.

Acknowledgement of all addenda to this IFB.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-N.-Legal-Action-Summary.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-N.-Legal-Action-Summary.pdf

IFB for Department of Natural Resources Page 22 of 26

4.20 Bid Delivery Instructions

Each Bidder shall submit its Bid Package as specified below.

Bids shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

Bidders shall provide their Bids in one submission through eMMA following the Quick Reference Guides (QRG) labeled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

4.21 Bid Evaluation Criteria and Award Basis

The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.02.13. All Bids will be ranked from the lowest (most favorable) to the highest (least favorable) price based on the Total Bid Price as submitted in its Bid.

A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable Bid Price or most favorable evaluated Bid Price for providing the goods and services as specified in this IFB.

The award for this solicitation will be made BY LOT to the responsive and responsible Vendor with the lowest price, as determined by the Procurement Officer to be in the best interests of the State of Maryland.

BY LOT is defined as all items or none. The bidder must bid ALL line items.

Vendor shall submit a bid price based on product description (specification) and unit of measure specified on each line. For example:

Unit of Measure (U/M) – BY LOT

Specification – Striped Bass Tags

Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Department following any approvals of the Contract required by law or regulation.

4.22 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.23 Reciprocal Preference

Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences https://procurement.maryland.gov/emma-qrgs/ https://procurement.maryland.gov/emma-qrgs/

IFB for Department of Natural Resources Page 23 of 26 over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

A. The Maryland resident business is a responsible Bidder;

B. The lowest responsive Bid is from a responsible Bidder whose principal office, or principal base of operations is in another state;

C. The other state gives a preference to its resident businesses through law, policy, or practice; and

D. The preference does not conflict with a federal law or grant affecting the procurement Contract.

The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

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

Upon receipt of a notification of recommendation for contract award, along with submitting the signed Contract (see Appendix 1-Terms and Conditions), the following documents shall be completed and submitted by the recommended awardee within ten (10) business days, unless otherwise directed by the Procurement Officer.

Click the link to download each required Attachment in Table B below:

TABLE B - Documents Required upon Notice of Recommendation for Contract Award

Attachment Attachment Name

D MBE Forms D-1B, D-1C, D-2, D-3A, D-3B

N/A

E VSBE Forms E-1B, E-2, E-3

N/A

S Non-Disclosure Agreement (Contractor)

N/A

T HIPAA Business Associate Agreement

N/A

IFB for Department of Natural Resources Page 24 of 26

U

Contract Affidavit https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-U.-Contract- Affidavit.pdf

V DHS Hiring Agreement

N/A

W

Performance Bond N/A

X

Payment Bond N/A

Y

Data Use Agreement N/A https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-U.-Contract-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-U.-Contract-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-U.-Contract-Affidavit.pdf

IFB for Department of Natural Resources Page 25 of 26

5 IFB Appendices and Exhibits The Appendices and Exhibits listed below in Tables C and D are reference documents as needed to assist the bidders in preparing their bids in response to this solicitation. If a specific Appendix or Exhibit is not required for this solicitation, it is listed in the tables as “Not applicable” or “N/A”.

5.1 Appendices (Table C)

TABLE C - APPENDICES

Appendix # Appendix Name

1 Terms and Conditions

2 Not Applicable

3 Not Applicable

4 Not Applicable

5 Not Applicable

6 Not Applicable

7 Not Applicable

IFB for Department of Natural Resources Page 26 of 26

5.2 Exhibits (Table D)

TABLE D - Exhibits

Exhibit # Exhibit Name

1 MBE, VSBE, and SBR Research Factors Template

N/A

2 Sample Contract

N/A

3 Deliverable Product Acceptance Form

(DPAF)

N/A