IFB -MSA-HVAC Preventative Maintenance Annapolis- Round 2.pdf

HVAC Preventative Maintenance MSA-Annapolis IFB Document

Solicitation#: BPM058107

STATE OF MARYLAND

MARYLAND STATE ARCHIVES

(MSA)

INVITATION FOR BIDS (IFB)

HVAC PREVENTATIVE MAINTENANCE MSA-ANNAPOLIS

IFB NUMBER BPM058107

ISSUE DATE: JULY 30, 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/

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Department of Social and Economic Mobility’s (DoSEM) Office of Small, Minority & Women Business Affairs (OSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the OSBA as a certified small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Services- HVAC Preventative Maintenance Annapolis

Solicitation Number:

BPM058105

IFB Issue Date: July 30, 2026

IFB Issuing Office:

Maryland State Archives (MSA or the "Agency")

Procurement Officer:

Toni Latimore 350 Rowe Boulevard- Annapolis, Maryland 21401

Email:

Phone Number:

Toni.Latimore1@maryland.gov

(410) 260-6406

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

BPM058107

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:

Please RSVP by August 7, 2026, to receive the date, time and additional details for the pre-bid conference.

See Section 4.3 for additional details.

See Attachment 2 to RSVP by: August 7, 2026

Scheduled Site Visit

The Site Visit will be conducted at the Pre-Bid Conference. There will not be a separate Site Visit.

Questions Due Date and Time:

August 17, 2026- 5:00PM Local Time

Bid Due (Closing) Date and Time:

August 26, 2026- 10:00AM Local Time

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

Public Bid Opening Date, Time, and Location

August 10, 2026- 10:00AM Local Time

350 Rowe Boulevard

Annapolis, MD 21401

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

[[OR]] DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

_____% for African-American MBEs;

_____% for Asian-American MBEs;

_____% for Hispanic-American MBEs; and

_____% 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: Firm Fixed Price

Contract Duration:

One year base period with two option periods of one year each. Base period is from August 17th, 2026 through June 30th, 2027.

The first option period is from July 1st, 2027 to June 30th, 2028.

The second option period is from July 1st, 2028 to June 30th, 2029.

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Primary Place of Performance:

Maryland State Archives 350 Rowe Boulevard Annapolis, Maryland 21401

SBR Designation: Yes

Federal Funding: No

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Table of Contents - IFB

1 Minimum Qualifications 1

1.1 Bidder Minimum Qualifications 1

2 Contractor Requirements: Scope of Work 1

2.1 Summary Statement 1

2.2 Background and Purpose 1

2.4 Supplemental Category of Work Requirements and Responsibilities 1

3 Standard Terms and Conditions 1

3.1 Contract Initiation Requirements 1

3.2 End of Contract Transition 1

3.3 Invoicing 1

3.4 Liquidated Damages 1

3.5 Work Orders 1

3.6 Payments by Electronic Funds Transfer 1

3.7 Prompt Payment Policy 1

3.8 Federal Funding Acknowledgement 1

3.9 Conflict of Interest Affidavit and Disclosure 1

3.10 Non-Disclosure Agreement 1

3.11 Maryland Healthy Working Families Act Requirements 1

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs) 1

3.13 Insurance Requirements 1

4 Bid Submission Information and Instructions 1

4.1 eMaryland Marketplace Advantage (eMMA) 1

4.2 Electronic Means 1

4.3 Pre-Bid Conference 1

4.4 Questions 1

4.5 Bid Due (Closing) Date and Time 1

4.6 Receipt, Opening and Recording of Bids 1

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4.7 Duration of Bids 1

4.8 Revisions to the IFB 1

4.9 Cancellations 1

4.10 Incurred Expenses 1

4.11 Protest/Disputes 1

4.12 Bidder Responsibilities 1

4.13 Acceptance of Terms and Conditions 1

4.14 Compliance with Laws/Arrearages 1

4.15 Verification of Registration and Tax Payment 1

4.16 False Statements 1

4.17 Confidentiality of Bids / Public Information Act Notice 1

4.18 Use of Bidder’s Form Not Binding on State 1

4.19 Attachments and Documents Required with the Bid (Table A) 1

4.20 Bid Delivery Instructions 1

4.21 Bid Evaluation Criteria and Award Basis 1

4.22 Tie Bids 1

4.23 Reciprocal Preference 1

4.24 Small Business Preference 1

4.25 Documents Required upon Notice of Recommendation for Contract Award (Table B) 1

5 IFB Appendices and Exhibits 1

5.1 Appendices (Table C) 1

5.2 Exhibits (Table D) 1

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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 have been in the business of serving HVAC equipment for at least ten (10) years and be licensed in the State of Maryland. The Bidder shall provide a business license with their Bid.

B. The Bidder must be familiar/ trained with all Equipment listed in this solicitation, C. The Bidder shall provide with its Bid "Attachment L Reference Checks" with one or more 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”): Maryland State Archives is soliciting bids from qualified contractors to provide preventive maintenance, inspection, repair support, and emergency response services for the HVAC equipment serving its critical server rooms. The selected contractor shall provide comprehensive maintenance services to maximize system reliability and minimize downtime for equipment supporting the organization's IT infrastructure.

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 IFB award. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

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

2.2 Background and Purpose

Scheduled preventive maintenance, annual service, and priority emergency support for all HVAC equipment associated with the IT server room environments is essential to keep the systems operating properly. A lack of preventative maintenance can lead to disruptions in operation, and/or unnecessary future maintenance costs due to neglected issues.

2.2.1 Project Goals

The vendor will provide thorough HVAC preventative maintenance completed by experienced technicians. The vendor must report all deficiencies to the Maintenance Department with proper diagnosis and resolutions that will keep the HVAC equipment operating.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the Maintenance Supervisor will be a point of contact with the vendor.

The Maintenance Supervisor is responsible for:

A. Coordinating and scheduling monthly visits from the vendor.

B. Receiving reports from the vendor about any issues identified with the machinery.

C. Approving Work Orders for repairs under $5,000.

2.2.3 Other State Responsibilities

Not applicable to this IFB.

2.3 Contractor Responsibilities and Tasks

2.3.1 Send a schedule of checklist for equipment to the Maintenance Supervisor before the start of HVAC contract.

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2.3.2 The contractor must provide a list of deficiencies at the end of their first yearly inspection/service. MSA reserves the right to repair/replace or not to repair/replace at that time. MSA also can obtain other vendors to provide the corrective measures. MSA has the right to verify the list of deficiencies. All repairs must be approved by the Maintenance Supervisor.

2.3.3 Annually prepare all campus boilers for State inspection after the heating season is over, including cleaning both fire and water sides, installing gauge glasses, gasketing and making necessary repairs to the fire box. Clean flue and intake piping as necessary.

2.3.4 Prepare all boilers for seasonal operation in September of each contract year including cleaning and adjusting burners to ensure peak efficiency utilizing a Bacharach or similar combustion analyzer, checking all pumps and valves (including relief, control and pressure regulator valves) for leaks and proper operation. Lubricate pumps and motors per recommended practice. Provide MSA with a written report of the combustion analyzer report.

2.3.5 All Preventative Maintenance inspections should be completed quarterly, if the vendor cannot meet this commitment, it must be mutually agreed upon with the Maintenance Supervisor to move the inspection to another date.

2.3.6 Perform system analysis on all domestic water heaters 2x per year.

2.3.7 Servicing and calibrating pneumatics and all controls, including T-stats and air compressors in this HVAC/PM contract.

2.3.8 Emergency service may be required to keep the MSA operational. Emergency service shall be provided on a twenty-four (24) hour per day, seven (7) days per week basis. The contractor shall respond within four (4) hours on the same day after receiving a request for emergency service by providing a qualified service technician to accomplish necessary emergency repairs. The contractor shall provide one telephone number where a designated representative can be contacted in case of an emergency. The Hourly rate will be the rate listed on the bid form for service during normal business hours. For after-hours, rate will be the rate listed on the bid form for after-hours service after normal business hours.

2.3.9 After hours is considered to be before 7:00 am and after 5:30 pm Monday thru Friday, and all day on Saturday and Sunday. Any work performed after hours, the rate(s) will be those on the bid form. These rates will be for the duration of the contract.

2.3.10 Appropriate, non-offensive clothing is to be worn by any and all contractors, subcontractors, and their representatives.

2.3.11 There is no tobacco use on MSA grounds.

2.3.12 All Contractors must sign in/out with ID and must wear a contractor badge.

2.3.13 Work must be inspected by the Maintenance Supervisor before payment will be made.

2.3.14 On the quarterly inspection report information must include: Date of inspection, Time of Inspection (clock in and clock out), and List of equipment inspected.

2.3.15 The Contractor must be familiar with the Liebert system and the Nortec system including HVAC and humidifiers.

2.3.16 The MSA reserves the right to accept or reject any contractor’s employee during the contract.

HVAC Preventive Maintenance/start up for chillers and cooling towers:

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2.3.17 Clean and prepare all campus chillers and cooling towers annually. This includes flushing of all water systems checking cooling tower belts and motors for proper wear and operation. Also, the contractor must check alignment of all belts. Including the inspection of bolts. Checking spray nozzles on the cooling towers for proper flow, verifying that they are working correctly, cleaning if needed.

2.3.18 Contractor will lubricate all bearings where applicable. Brush all tubes using a wet type power brush, no dry brushes allowed. Per manufacturer's recommendations the contractor will be cleaning the strainers, water filters and checking pumps for proper operation. Clean cooling towers by flushing down the fill kit, cleaning sumps and sump strainers out.

2.3.19 Contractor must provide the maintenance supervisor with a written list of deficiencies and necessary repairs. All repairs, if approved by the MSA will be handled on a time and material basis.

2.3.20 Contractor must perform an annual laboratory oil analysis for each chiller and provide the MSA with a written report on the oil production.

2.3.21 Contractor must check freon levels in each chiller. if found low, notify the maintenance supervisor in writing. If more freon or repairs are needed, then this will be done on a time and material basis. Start up and run all chillers and cooling towers, checking for proper operation. This could require a second trip to the MSA if weather conditions prevent the start up on the day they are being serviced.

On call/emergency maintenance:

2.3.22 Contractor will Provide hourly rate and material markup percentage to perform emergency on call repairs.

2.3.23 Rates should be provided for normal working hours as well as after hours, weekend and holiday rates. Contractor will be required to respond to campus within 4 hours of a trouble call.

2.3.24 Emergency service may be required to keep the MSA operational. Emergency service shall be provided on a twenty-four (24) hour per day, seven (7) days per week basis. The contractor shall respond within four (4) hours on the same day after receiving a request for emergency service by providing a qualified service technician to accomplish necessary emergency repairs.

2.3.25 The contractor shall provide one telephone number where a designated representative can be contacted in case of an emergency.

2.3.26 The Hourly rate will be the rate listed on the bid form for service during normal business hours. For after-hours, rate will be the rate listed on the bid form for after-hours service after normal business hours.

2.3.27 After hours is considered to be before 7:00 am and after 5:30 pm Monday thru Friday, and all day on Saturday and Sunday. Any work performed after hours will be paid based on the after hours rate on the bid form.

These rates will be for the duration of the contract.

2.3.28 Examples of typical call ins:

• No heat in a campus building

• Boiler not cycling on

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• No hot water in dormitory building

2.3.29 Equipment Serviced:

See Appendix I-Annapolis (attached to the IFB)

2.4 Supplemental Category of Work Requirements and Responsibilities This supplemental contains additional requirements under Section 2 of the solicitation.

2.5.1 Security Requirements

The following requirements are applicable to the Contract:

2.5.1.1 Employee Identification

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

b. Contractor Personnel shall sign in at the MSA at the beginning of each site visit.

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

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

2.5.2 Security Clearance / Criminal Background Check

The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

A criminal background check is not required for Contractor Personnel.

A security clearance is not required for Contractor Personnel.

2.5.3 On-Site Security Requirement(s)

THIS SECTION IS INAPPLICABLE TO THIS IFB.

2.5.4 Mercury and Products That Contain Mercury

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

2.5.5 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

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

3.2 End of Contract Transition

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

3.3 Invoicing

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

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

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

I. Goods or services provided;

J. Amount due; and

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

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

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

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

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

3.3.1 Invoice Submission Schedule

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

A. For items of work for which there is one-time pricing (see Attachment B –The Price Form), those items shall be billed in the month following the acceptance of the work by the State.

B. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 10th business day of the month following the end of the invoice period.

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

3.3.2 Deliverable Invoicing

Not applicable to this Solicitation.

3.3.3 Labor Hour/Time and Materials Invoicing

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

1. Materials Reporting

Submit evidence to support the cost of materials and that billing on the invoice is consistent with the requirements stated in Section 2 of the IFB.

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

B. The amount invoiced is inconsistent with the Contract;

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

Contract;

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

E. The item or services have not been accepted;

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

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

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

I. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or J. 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.

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3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

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

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

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

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

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

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

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

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

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

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

3.5 Work Orders

A. Additional services and resources will be provided via a Work Order process. Work shall not begin in advance of a fully executed Work Order. A Work Order may be issued for either fixed price or time and material contract (T&M). T&M Work Orders will be issued in accordance with pre-approved Labor Categories with the fully loaded rates on the Attachment B – The Price Form.

B. Work Order Requests (See sample at http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrderSample.pdf) for the provision of services or resources that are within the scope of this IFB will be issued to the Contractor. The Work Order Request will include:

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

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

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

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

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

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

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

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

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

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

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

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

E. The Contract Monitor may contact the Contractor to obtain additional information, clarification or revision to the Work Order, and will provide the Work Order to the Procurement Officer for a determination of compliance with the Contract and a determination whether a change order is appropriate. Written Procurement Officer approval is required before Work Order execution by the State.

F. Proposed personnel on any type of Work Order shall be subject to the State’s prior approval. The Contractor shall furnish resumes of proposed personnel specifying the labor category(ies) proposed.

The Contract Monitor shall have the option to interview the proposed personnel and, in the event of an interview or not, shall notify the Contractor of acceptance or denial of the personnel.

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

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

3.6 Payments by Electronic Funds Transfer

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

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The

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

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

3.7 Prompt Payment Policy

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

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

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 Conflict of Interest Affidavit and Disclosure

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

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

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under OR individual Task Orders issued under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

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

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3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.10.2 Non-Disclosure Agreement (Contractor)

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

3.11 Maryland Healthy Working Families Act Requirements

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

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

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

3.13 Insurance Requirements

The Contractor shall 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:

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

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

3.13.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

IFB for Maryland State Archives Page 17 of 31 https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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

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

3.13.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.13.6 Subcontractor Insurance

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

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4 Bid Submission Information and Instructions

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

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

4.2 Electronic Means

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

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

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

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

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

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

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

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

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

IFB for Maryland State Archives Page 19 of 31 https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov

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

4.4 Questions

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

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

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

4.5 Bid Due (Closing) Date and Time

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

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

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

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

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

4.6 Receipt, Opening and Recording of Bids

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

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

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

4.7 Duration of Bids

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

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4.8 Revisions to the IFB

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

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

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

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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

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

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

4.10 Incurred Expenses

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

4.11 Protest/Disputes

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

4.12 Bidder Responsibilities

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

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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 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 Exhibit 2 – Sample Contract. 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.

IFB for Maryland State Archives Page 22 of 31 https://egov.maryland.gov/BusinessExpress/

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 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 so 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…