IFB_MRC-23-022-MT_CONFORMED 9.19.23.pdf

MARC IV Railcar Truck Overhaul

Solicitation #: MRC-23-022-MT IFB Document

IFB for MDOT MTA Page 1 of 79

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION

(MDOT MTA)

INVITATION FOR BIDS (IFB)

MARC IV RAILCAR TRUCK OVERHAUL

IFB NUMBER MRC-23-022-MT

ISSUE DATE: JULY 27, 2023

CONFORMED SEPTEMBER 19, 2023

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

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NO BID NOTICE/VENDOR FEEDBACK FORM

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

Title: MARC IV Railcar Truck Overhaul

Solicitation No: MRC-23-022-MT

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

Other commitments preclude our participation at this time

The subject of the solicitation is not something we ordinarily provide

We are inexperienced in the work/commodities required

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

The scope of work is beyond our present capacity

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

We cannot be competitive. (Explain in REMARKS section)

Time allotted for completion of the Bid is insufficient

Start-up time is insufficient

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

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

MBE or VSBE requirements (Explain in REMARKS section)

Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in

REMARKS section)

Payment schedule too slow

Other: __________________________________________________________________

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

REMARKS: _________________________________________________________________________

Company: _______________________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

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STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MDOT MTA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Maintenance - MARC IV Railcar Truck Overhaul

Solicitation Number: MRC-23-022-MT

IFB Issue Date: July 27, 2023

IFB Issuing Office: Maryland Department of Transportation Maryland Transit

Administration (MDOT MTA or the "Department")

Procurement Officer: Sharon Curtis e-mail:

Office Phone:

scurtis@mdot.maryland.gov

410-856-4827

Bids Submission: Submit via eMMA

Instructions on how to submit proposals electronically can be found at: https://procurement.maryland.gov

Pre-Bid Conference: August 9, 2023 11:00 a.m. EST

To be held by Conference Call, via Microsoft Teams. Please complete the RSVP “IFB Attachment A” and email to the

Procurement Officer by July August 8, 2023 5:00 p.m. EST. The call information is located on IFB Attachment A.

Questions Due Date and

Time:

August 11, 2023

2:00 p.m. EST

Bid Due (Closing) Date and

Time:

August 24September 22, 2023 October 18, 2023 by 4:00 p.m.

EST

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Bid Results Via eMMA, automatically shown after due date and time.

DBE Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: Five (5) Years + Two (2) Years Warranty

Federal Funding: Yes 80% https://procurement.maryland.gov/

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

2 Contractor Requirements: Scope of Work

3 Contractor Requirements: General

4 Procurement Instructions

5 Bid Format

6 Bid Evaluation and Award

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Sample Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Attachment P. Performance Bond

Attachment Q. Corporate Diversity

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Contract Deliverables Requirements List

Appendix 3 MDOT MTA MARC IV Railcar Truck Overhaul Scope of Work

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must provide proof with its Bid that the following Minimum Qualifications have been met. The

Administration reserves the right to conduct an audit of the Offerors during the evaluation process.

The Bidder shall have at least five (5) years of experience in successfully overhauling trucks for passenger rail cars for North America and the overhaul projects are, at a minimum, similar in scope to this

IFB.

The Bidder shall have adequate staffing that includes but is not limited to management, engineering, and service personnel, and/or have the capability to have such personnel, to provide support and resolve any engineering and/ or service problems that may arise during the overhaul and warranty period.

1.2 Proof of Meeting Minimum Requirements

As proof of meeting the requirements mentioned in section 2.1 the Offeror shall provide with its Proposal:

A minimum of three (3) references from either the state and/or federal government entity(s) or privately held railroad(s) from the last five (5) years able to attest to the Offeror’s experience in providing management, engineering, and service personnel for the complete duration (including warranty) of an overhaul of similar scope.

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2 Contractor Requirements: Scope of Work

2.1 Purpose and Background

Purpose

The Maryland Department of Transportation Maryland Transit Administration (MDOT MTA or the

"Department") is issuing this Invitation for Bids (IFB) in order to secure a third-party Contractor to perform an overhaul of one hundred sixteen (116) MARC IV railcar trucks.

It is the State’s intention to obtain goods and services, as specified in this IFB, for a Contract between the selected Bidder and the State. The anticipated duration of services to be provided under this

Contract is five (5) years + two (2) warranty years.

The Department intends to make a single award as a result of this IFB.

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

Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

Background

The MARC IV Multi-Level II vehicles are due for the first 2,208-day (6 Year) overhaul of their trucks. .

MDOT MTA’s MARC IV Multi-Level railcars first entered service in 2015, There are a total of 116 trucks to be overhauled; 2 trucks per vehicle plus spares.

2.2 General Contract Requirements

The Contractor shall perform all work detailed in this IFB, unless otherwise specified.

MDOT MTA-Furnished Facilities, Equipment and Activities

A. MDOT MTA will provide a Contract Monitor who will be responsible for representing the State and

MARC Train Service and acting as a direct line of Contract.

B. The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work and will provide such additional assistance and services as are specifically set forth.

C. MDOT MTA MARC will make available to the Contractor certain facilities and equipment at a site for support of acceptance testing and warranty.

Cooperation with other Contractors and Interfaces

A. MDOT MTA may at any time perform, or cause to be performed by other Contractors, work related to the Work under this Contract

B. Cooperation with Other Contractors

The Contractor shall cooperate with such other contractors and shall conduct the operations in such a manner as not to cause any unnecessary delay or hindrance to the other contractor’s work. The

Contractor shall adjust and coordinate the work so as to permit proper and timely completion of all work.

C. Interfaces

1. When any contractor or subcontractor performing work under or pursuant to another MTA contract is employed on work that interfaces with the work under this Contract, the Contractor, at

IFB for MDOT MTA Page 7 of 79 their expense, shall provide to the MTA all necessary drawings, dimensions, data, and other information, pertaining to new and upgraded equipment, necessary to ensure the complete, integrated, and proper design, manufacture, installation, and operation of all interfacing and connecting parts or systems. If the Contractor deems it is necessary, the contractor and/or subcontractors will execute a confidentiality agreement with the Contractor to ensure the information provided is kept confidential.

2. The exchange of information will be coordinated by the MTA and the Contractor and copies of all the Contractor’s data, drawings and correspondence relating to the above for interchange among contractors shall be furnished in sufficient quantity as requested by the MTA.

D. Joint Use of Facilities

When the Contractor and any other contractors are employed on related work at the MTA’s facilities, or are using the same storage areas or access routes, the Contractor shall be responsible for any damage or loss caused to the other by its action

Period of Performance

A. The duration of the Contract will be for the period of time from Notice to Proceed (NTP) plus five (5) years of services and two (2) years of warranty to be provided under the Contract for the provision of all services required by the Contract and the requirements of this solicitation.

B. The Contractor’s Go-Live Date (begin performing services under the Contract) shall be provided in a written NTP.

C. The Contractor’s obligation to pay invoices to subcontractors providing products/services in connection with this Contract, as well as the audit; confidentiality; document retention; patents, copyrights & intellectual property; warranty; indemnification obligations; and limitations of liability under this Contract; and any other obligations specifically identified, shall survive expiration or termination of the Contract.

Contract Correspondence and Contractor Representative

A. All submittals and official contract correspondence shall be communicated in contract letters between the Contractor and Contract Monitor. The Contract Monitor shall provide guidance and format for contract correspondence in the first contract letter sent to the Contractor.

B. Within five (5) days after receiving Notice to Proceed, the Contractor shall designate in writing the name, official mailing address, email address, and telephone number of the Contractor’s representative having complete authority to represent and to act for the Contractor.

Deliverables (CDRLs)

A. Deliverable Submission

1. The Contractor shall submit all deliverables (CDRLs) identified in this IFB to the Contract

Monitor by contract letter for review.

2. Unless specified otherwise, written deliverables shall be compatible with Adobe PDF, Microsoft

Office, Microsoft Project, or Microsoft Excel within two (2) versions of the current version. At the Contract Monitor’s discretion, the Contract Monitor may request one (1) hard copy of a written deliverable.

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B. Deliverable Acceptance

1. The Contract Monitor will issue to the Contractor a notice of acceptance or rejection of the deliverable via contract letter.

2. In the event of rejection, the Contract Monitor will formally communicate in writing any deliverable deficiencies or non-conformities to the Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable in sufficient detail for the

Contractor to address the deficiencies. The Contractor shall correct deficiencies and resubmit the corrected deliverable for acceptance within the agreed upon time period for correction.

3. In addition to the items identified in Appendix 2 – Contract Deliverables Requirements List, the

Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned tasks.

2.3 Responsibilities and Tasks

The Contractor responsibilities and tasks under this IFB are described in Appendix 2 MDOT MTA MARC IV

Multi-Level Truck Overhaul Scope of Work.

2.4 Deliverables

Deliverables, when they are due, and how they are reported and accepted are defined in IFB Section 2.2.6 and IFB

Appendix 2

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

The Contract Monitor shall schedule and hold a kickoff meeting after the Notice to Proceed Mobilization period.

3.2 Invoicing

General

A. The Contractor shall transmit the original of each invoice to the Contract Monitor as an attachment to an official contract letter. MDOT MTA may also request additional documentation be added to the monthly invoice distribution list.

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

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

1. Contractor name and address

2. Remittance address

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

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

5. Invoice date

6. Invoice number

7. State assigned Contract number

8. Goods or services provided

9. Total Amount due

10. Any additional documentation required by regulation or the Contract

D. The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Department with all required deliverables within the time frame specified in the

Contract or otherwise breaches the terms and conditions of the Contract until such time as the

Contractor brings itself into full compliance with the Contract.

E. Disputes regarding any action of the Department or by the Contractor shall be resolved in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-320 through 15-

223 and COMAR 21.10.04.

F. 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.

G. 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 no later than 30 calendar days from the Contract termination date.

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Invoice Acceptance

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

1. The amount invoiced is inconsistent with the Contract

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

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

4. The item or services have not been accepted

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

6. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the

Contract and compliance with its provisions

Deliverable Invoicing

A. Deliverable invoices shall be submitted to the Contract Monitor via contract letter for review and approval

B. Payment for deliverables will only be made upon completion and acceptance of the deliverables.

Travel will not be reimbursed under this Contract.

Payment Milestones

A. The Contractor shall submit invoices in accordance with the milestone schedule below.

B. Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in the table below. Percentages based on Sub-Total Price on Bid Form B-2.

C. The MARC IV Truck Overhaul will be paid for at the lump sum percentage of the Subtotal bid price in accordance with the Payment Milestones listed below:

Milestone Description & Requirements Percentage of Subtotal

1 Mobilization and Initial Documentation

a. Submittal and Approval of CDRL 5.0 Management Plan

b. Submittal and Approval of CDRL 5.2 Progress Schedule

c. Completion of CDRL 5.6 Initial Activities Meeting

d. Submittal and Approval of CDRL 6.0 Quality Plan

e. Submittal and Approval of CDRL 7.0 System Safety Program

Plan

25%

2 Design Review

a. Submittal and Approval of CDRL 5.8 Final Design Baseline

b. Completion and Approval of Final Design Review

c. Submittal and Approval of all CDRLs due by Final Design

Review

5%

3 First Article Inspection(s)

a. Submittal and Approval of First Article Inspection(s)

Documentation

b. Submittal and Approval of all CDRLs due by First Article

Inspection

5%

4 Stage 1 Overhauls – Conditional Acceptance (Encompasses Milestones 4.001 – 4.116)

a. Individual truck delivery and MTA Conditional Acceptance

(invoiced per truck)

10%

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The Department included a Miscellaneous Work Allowance on the bid form to cover hidden damage and miscellaneous work required during the repair. The Contractor shall submit to the Contract Monitor for review and approval, a plan for repairs not covered within this scope of work. The Miscellaneous Work Allowance is not included in the milestone payments and will only be utilized if required. The total allowance amount is not owed to the Contractor.

3.3 Liquidated Damages and Incentives

Liquidated Damages other than MBE

A. If all or any designated portion of the Work called for under the Contract is not completed and delivery is not made within the number of days set forth in Section 5.3.5 of the Scope of Work or any subsequent revisions thereto by Change Order, damage will be sustained by the Administration. In such an event, the Contractor shall pay to the Administration the amount set forth in the following as liquidated damages per train affected or per calendar day for every day’s delay prescribed. The

Administration may deduct the sum of liquidated damages from any monies due, or if such monies are insufficient, the Contractor or his Surety(ies) shall pay to the Administration any deficiency in monies within thirty (30) days of demand therefore by the administration.

B. The amount of liquidated damages that may be collected by the Administration shall be limited to a maximum of ten percent (10%) of the total contract price. If any of the following events result from the Contractor’s actions in the performance of its contractual obligations, the Administration will assess the following liquidated damages:

Liquidated Damages Amount (Items of Work Listed in the Following Refer to Section 5.3.5 of the Scope of Work, Completion of Work Schedule)

Item Requirement

1. Late Delivery of Stage 1 Overhauled Truck $300.00 per Calendar Day

2. Late Delivery of Stage 2 Overhauled Truck $300.00 per Calendar Day

3. Late Delivery of Draft Maintenance and

Parts Catalog Change Pages

$400.00 per Calendar Day

4. Late Delivery of Conformed Specifications $400.00 per Calendar Day

5. Late Delivery of As-Built Drawings $400.00 per Calendar Day

5 Stage 1 Overhauls – Final Acceptance (Encompasses Milestones 5.001 – 5.116)

a. Individual Truck MTA Final Acceptance (invoiced per truck)

10%

6 Stage 2 Overhauls – Conditional Acceptance (Encompasses Milestones 6.001 – 6.116)

a. Individual truck delivery and MTA Acceptance (invoiced per truck)

25%

7 Stage 2 Overhauls – Final Acceptance (Encompasses Milestones 7.001 – 7.116)

a. Individual Truck MTA Final Acceptance (invoiced per truck)

15%

8 Final Documentation and Closeout

a. Closure of Open Items

b. All CDRLs completed and approved

c. Submittal of all required documentation

5%

TOTAL: 100%

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By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that the liquidated damages assessed under the Contract are a reasonable predetermined amount to make MTA whole and not as a penalty.

3.4 Insurance Requirements

Insurance Types

[X] Commercial General Liability Insurance with minimum limits of $5,000,000 per occurrence, written on an occurrence form. When the minimum contract amounts can only be met when applying the umbrella/excess policy, the umbrella/excess policy must follow form of the underlying policy and be extended to “drop down” to become primary in the event the primary limits are reduced or aggregate limits are exhausted.

The coverage shall include:

[X] Personal and Advertising Injury coverage, [X] Products and Completed Operations coverage, [X] Independent Contractors coverage, [X] Terrorism coverage, [X] Additional Insured Endorsement naming MDOT MTA.

[X] Waiver of subrogation rights in favor of MDOT MTA

[ ] In addition to procuring and maintaining this insurance during the duration of the contract, the

Contractor shall continue to procure and maintain products and completed operations liability insurance coverage through (a) the applicable statute of repose period or (b) 10 years, whichever period is longer.

[X] Workers’ Compensation Insurance meeting the statutory requirements of the jurisdiction where the work will be performed for employees and or volunteers, including Employer’s Liability coverage with minimum limits of $1,000,000 each accident or disease. Policy shall be endorsed to grant waiver of subrogation in favor of MDOT MTA.

[X] Commercial Automobile Liability Insurance with minimum limits of $1,000,000 per occurrence covering contractor against claims for bodily injury and property damage arising out of the ownership, maintenance or use of any owned, hired, or non-owned motor vehicle. MDOT MTA shall be added as an additional insured on the policy.

[X] Umbrella and/or Excess Liability Insurance containing coverage no less restrictive than that required in the underlying policies specified above. The required primary insurance shall be listed as underlying coverage in the first layer umbrella policy. The umbrella policies shall contain a minimum total occurrence and aggregate limit of $5,000,000. Policy shall be written on an occurrence basis and follow form.

[X] Railroad Protective Liability Insurance (hereinafter “RRPL”) issued to MDOT MTA as the Named

Insured with minimum limits of $5,000,000 per occurrence, $10,000,000 in the aggregate and covering the liability of all Permitted Parties or The Contractor. Coverage is for work to be performed within fifty

(50) feet (on, above, adjacent to, or underneath) of MDOT MTA’s railroad property for any personal injuries or deaths or any damage to the property, equipment and facilities caused by the activities of any

Permitted Party or The Contractor resulting from performance of the work which is the subject of this

Permit/Contract.

[X] Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession with limits not less than $5,000,000 per occurrence or claim, $5,000,000 aggregate to cover liability resulting from any error or omission in the performance of professional services under this

IFB for MDOT MTA Page 13 of 79 contract. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract work.

[X] Contractor’s Pollution Liability Insurance with minimum limits of $5,000,000 per claim for work involving environmentally regulated substances or hazardous material exposures, including but not limited to handling, transporting or disposing of any hazardous substances and/or environmentally regulated materials and any sudden and/or non-sudden pollution or impairment of the environment, including cleanup costs and defense. This insurance may be supplied by the subcontractor performing the work if the Contractor is not performing any of the relevant work and providing that MTA and the

Contractor are named as additional insureds on the subcontractor’s policy. In the event the Contractor or its subcontractor transports hazardous substances or any other environmentally regulated substance that requires a governmentally regulated manifest, the MCS-90 Endorsements shall be attached to the

Contractor’s (or subcontractor’s) auto liability policy.

Insurance Company Qualifications

A. The insurance required in this Article of this contract must be issued by companies that are:

1. Acceptable to the MDOT MTA

2. Licensed to do business in the State of Maryland.

3. Must be rated a minimum of A-VIII or better by AM Best rating service.

Policy Requirements

A. The recommended Contractor awardee shall deliver to the MDOT MTA representative within ten

(10) days of notification of proposed contract award accurate and true Contractor Certificates of

Insurance (CDRL 0001) that show that:

1. The Contractor has procured coverage stated in this article of this Contract.

2. The Maryland Department of Transportation, the State of Maryland and the MDOT MTA have been named as additional insured.

3. The policies will not be canceled, terminated or modified without 30 days prior written notice to the Department.

B. The Contractor shall require that any subcontractors providing services under this Contract obtain and maintain similar levels of insurance and shall provide the Contract Monitor with the Subcontractor

Certificates of Insurance (CDRL 0002) same documentation as is required of the Contractor.

3.5 Problem Escalation Procedure

The Contractor must provide and maintain a Problem Escalation Procedure (PEP) (CDRL 0003) for both routine and emergency situations within NTP + 5 Calendar Days. 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.

The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available.

The Contractor shall provide the PEP no later than five (5) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier. The PEP, including any revisions thereto, must also be provided within five (5) Business Days after the start of each Contract year and within five (5) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

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

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

C. 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;

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

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

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

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

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 Security Requirements

Employee Identification

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

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

C. The Contractor shall also coordinate with the Contract Monitor to obtain State Issued ID badges.

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

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

Security Clearance/Criminal Background Check

A. A security clearance is not required for Contractor Personnel assigned to the Contract.

B. A CJIS criminal background check is not required for Contractor Personnel assigned to the Contract.

C. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a locations’ more restrictive conditions regarding criminal convictions, the Contractor shall provide an update certification regarding the

Contractor Personnel working at or assigned to those premises.

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3.7 Minority Business Enterprise (MBE) Reports

An MBE goal is not a requirement for this Contract.

3.8 Contractor Safety Requirements

Safety oversight of contractor operations is a very important element of the MDOT MTA's Public

Transportation Agency Safety Plan (PTASP) and ensures that our system is operated safely. The PTASP applies to people, equipment, facilities, and the environment in which we operate.

MDOT MTA safety oversight of Contractor operations includes, but is not limited to:

A. Scheduled and non-scheduled audits and inspections of work policies, procedures, and practices

(including those related to maintenance activities performed under the contract). Records and signatures verifying work orders and practices will be reviewed for accuracy. The MDOT MTA may also request at any time an investigation of accidents/incidents related to or affecting MDOT MTA operation and services.

B. Notification of accidents within a 24-hour period. Fatalities, two or more injuries requiring transport, $25,000 or more in damages, or evacuation for life safety reasons should be reported within a 2-hour period. The dispatcher/ company designee is responsible for coordinating and monitoring emergency efforts. The contractor shall provide the MDOT MTA with all applicable information the MDOT

MTA deems necessary to conduct an accident/incident investigation (if necessary) and to ensure similar events do not occur.

C. Audits of employee and qualifications, training, present and past operating records of personnel directly involved with MDOT MTA operations and services, and drug and alcohol program compliance. It is the responsibility of the contract provider to randomly review employee records and inform MDOT MTA of these reviews and to investigate any irregularities or disparities found.

D. Oversight of the development and implementation of training agendas for employees. Training may address a variety of topics, but as a minimum will pertain to the correct use of emergency equipment, emergency preparedness, response and recovery procedures (including those related to hazardous material situations), and communications. Regulatory requirements for testing and certification (CDL

& Substance Abuse Policies) will be maintained.

E. Oversight of Contractor’s participation in implementing MDOT MTA's Emergency Preparedness

Plans (EPP), Standard Operating Plans (SOP), and Emergency Operation Plans (EOP). Training and updates will be developed and provided as necessary to ensure all personnel remain cognizant of the most accurate and up-to-date information.

F. Oversight to ensure the Contractor’s safety, maintenance (both vehicle and facility maintenance programs), training, QA/QC, and operations management plans shall effectively address all PTASP safety elements.

G. Periodic attendance by the MDOT MTA Office of Safety at Contractor employee safety meetings.

The Contractor shall send minutes of its safety meetings to the MDOT MTA Office of Safety for review.

H. The MDOT MTA reserves the right to conduct periodic audits and inspections of equipment, maintenance facilities, and other properties deemed necessary by the MDOT MTA.

Contractor shall submit accident/incident reports to the MDOT MTA Office of Safety and Risk

Management.

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Contractor shall provide employees with:

A. Participation in emergency response management drills with MDOT MTA and local emergency response providers such as local police and fire departments.

B. Training related to passenger safety awareness and passenger security.

C. Training involving the System Safety Program Plan that includes security.

D. Training related to passenger safety awareness, and passenger security.

3.9 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the

Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the

Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the

Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

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4 Procurement Instructions

4.1 Pre-Bid Conference

A Pre-Bid conference (Conference) will be held at the date and time indicated on the Key Information

Summary Sheet.

The Pre-Bid Conference will be held as a Microsoft Teams Conference Call. The call information is located on the RSVP form, IFB Attachment A.

Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids.

Following the Conference, the attendance record and summary of the Conference will be posted as an addendum on eMMA.

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

In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to https://emma.maryland.gov, to register.

4.3 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title , and shall be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified 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.

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.

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

4.4 Procurement Method

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

21.05.02.Bid Due (Closing) Date and Time

Bids, in the number and form set forth in Section 5, Bid Format, must be received in eMMA no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

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

Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by eMMA. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key

Information Summary Sheet will not be considered.

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.

Bids may not be submitted by e-mail or facsimile. Bids will be opened by the Procurement Officer via eMMA.

https://emma.maryland.gov/

IFB for MDOT MTA Page 18 of 79

Potential Bidders not responding to this solicitation are requested to submit the “No Bid Notice/Vendor

Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.5 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored on the eMMA platform Before Bid opening, the State may not disclose the identity of any Bidder. Bids submitted through eMMA cannot be opened by anyone before the bid opening date and time.

Bids shall be opened via eMMA by the Procurement Officer after the bid due date and time. After the due date and time for bid submission, the total bid price and the Contractor’s name will be available via eMMA to registered Contractors. Please contact the eMMA Help Desk for Vendors if you need assistance.

4.7 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 confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public

Information Act (PIA), 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 reviewed and listed on eMMA as an Addendum the day after the bids are due.

4.8 Award Basis

A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. See IFB

Section 6 for Bid evaluation and award information.

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 required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

4.9 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.10 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.

4.11 Revisions to the IFB

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

IFB for MDOT MTA Page 19 of 79

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

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.

4.12 Cancellations

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.

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

4.13 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.

4.14 Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of

COMAR 21.10 (Administrative and Civil Remedies).

4.15 Bidder Responsibilities

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

If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this IFB (see Section

4.26 “MBE Participation Goal”.

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.

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

4.16 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as IFB Attachment M. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid

Form or Contract, made by the Bidder may result in Bid rejection.

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4.17 Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this

Affidavit is included as IFB Attachment C of this IFB.

4.18 Contract Affidavit

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

Attachment N of this IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or

Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

4.19 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.

4.20 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of

Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston

Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The

Bidder’s failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award.

4.21 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.

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 Section 4.22.1.

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.

4.22 Payments by Electronic Funds Transfer

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

IFB for MDOT MTA Page 21 of 79

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/GADX10F orm20150615.pdf.

4.23 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 IFB Attachment M). Additional information is available on GOSBA’s website at:

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

4.24 Electronic Procurements Authorized

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

Act, Commercial Law Article, Title 21.

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

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