IFB_-_MVA_-_Chiller_Replacement_-_Glen_Burnie_-_Construction_Revised.pdf

STATE OF MARYLAND

MOTOR VEHICLE ADMINISTRATION (MVA)

INVITATION FOR BIDS (IFB)

CHILLER REPLACEMENT, GLEN BURNIE

SOLICITATION NO.: V-HQ-25025-C ISSUE

DATE: NOVEMBER 22, 2024

NOTICE

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

Minority Business Enterprises Are Encouraged to Respond to this Solicitation https://procurement.maryland.gov/

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: Chiller Replacement, Glen Burnie, Solicitation #: V-HQ-25025-C

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:

Vendor Name: Date:

Contact Person: Phone ( ) -

Address:

E-mail Address:

Chiller Replacement, Glen Burnie

Solicitation #: V-HQ-25025-C IFB

Page iii of MARYLAND MOTOR VEHICLE ADMINISTRATION

STATE OF MARYLAND

MOTOR VEHICLE ADMINISTARTION (MVA) KEY

INFORMATION SUMMARY SHEET

Invitation for Bids Construction – Chiller Replacement, Glen Burnie

Solicitation Number: V-HQ-25025-C

IFB Issue Date: November 22, 2024

IFB Issuing Office: Motor Vehicle Administration (MVA)

Procurement Officer:

E-mail:

Office Phone:

David Colin Motor Vehicle Administration 6601 Ritchie Highway, NE, Room 223 Glen Burnie, Maryland 20162 dcolin@mdot.maryland.gov

(410) 768-7468

Bids are to be sent to: eMaryland Marketplace Advantage (eMMA)

Pre-Bid Conference & Site Visit:

December 4, 2024, at 9:00 AM Local Time at the MVA Glen Burnie HQ Office. See Attachment A for instructions.

Questions Due Date and Time December 6, 2024, at 12:00 PM Local Time

Bid Due (Closing) Date and Time:

December 20, 2024, at 12:00 PM Local Time

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

MBE Subcontracting Goal: 12%

VSBE Subcontracting Goal: 3%

Contract Type: Firm Fixed Price

Contract Duration: The estimated period of performance for this effort, barring excusable delays, is 110 calendar days after Notice to Proceed

(NTP)

Primary Place of Performance:

Motor Vehicle Administration 6601 Ritchie Hwy NE, Glen Burnie Maryland 21062

SBR Designation: No

Federal Funding: No mailto:dcolin@mdot.maryland.gov

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

2.4 Contractors Responsibilities

3 Contractor Requirements: General

3.1 Invoicing

3.3 Liquidated Damages

3.4 Insurance Requirements

3.5 Security Requirements

3.6 Performance and Personnel

3.7 Substitute of Personnel

3.8 Minority Business Enterprise (MBE) Reports

3.9 Veteran Small Business Enterprise (VSBE) Reports

3.10 Additional Clauses

4 Procurement Instructions

4.3 Pre-Bid Conference

4.4 eMaryland Marketplace Advantage (eMMA)

4.5 Questions

4.6 Procurement Method

4.7 Bid Due (Closing) Date and Time

4.8 Multiple or Alternate Bids

4.9 Receipt, Opening and Recording of Bids

4.10 Confidentiality of Bids / Public Information Act Notice

4.11 Award Basis

4.12 Limitations of Liability

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4.13 Tie Bids

4.14 Duration of Bids

4.15 Revisions to the IFB

4.16 Cancellations

4.17 Incurred Expenses

4.18 Protest/Disputes

4.19 Bidder Responsibilities

4.20 Acceptance of Terms and Conditions

4.21 Bid/Proposal Affidavit

4.22 Contract Affidavit

4.23 Compliance with Laws/Arrearages

4.24 Verification of Registration and Tax Payment

4.25 False Statements

4.26 Payments by Electronic Funds Transfer

4.27 Prompt Payment Policy

4.28 Electronic Procurements Authorized

4.29 MBE Participation Goal

4.30 VSBE Participation Goal

4.31 Living Wage Requirements

4.32 Federal Funding Acknowledgement

4.33 Conflict of Interest Affidavit and Disclosure

4.34 Non-Disclosure Agreement

4.35 HIPAA - Business Associate Agreement

4.36 Nonvisual Access

4.37 Mercury and Products That Contain Mercury

4.38 Location of the Performance of Services Disclosure

4.39 Department of Human Services (DHS) Hiring Agreement

4.40 Small Business Reserve (SBR) Procurement

4.41 Bonds

4.42 Maryland Healthy Working Families Act Requirements

4.43 Prompt Payment of Subcontractors

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4.44 Differing Site Conditions

4.45 Site Investigation

4.46 Payment of Employee Health Care Expenses

4.47 Change Orders

5 Bid Format

5.3 One Part Submission

5.4 Bid Price Form

5.5 Required Bid Submission

5.6 Delivery

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference/Site Visit 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

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MARYLAND MOTOR VEHICLE ADMINISTRATION

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Attachment Q. Health Care Expenses Certification

Attachment P Prevailing Wage

Attachment R Technical Specifications

Attachment S Drawing

Appendix 1. Abbreviations and Definitions

Appendix 2 Bidder Information Sheet

Appendix 3 Performance Bond

Appendix 4 Payment Bond

Appendix 5 Bid Bond

Exhibit 1 MBE VSBE SBR Research Factors Template

END OF TABLE OF CONTENTS

Appendix 6

Appendix 7

Environmental Compliance Handbook for Contractors

Standard Provisions for Construction Contracts dcolin Highlight dcolin Highlight dcolin Highlight

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

1.1.1 The Bidder shall have a minimum of five (5) years’ experience as an established business performing removal and replacement of chillers, and all associated equipment of similar or comparable type, scope complexity and magnitude of services described in the IFB on commercial and/or transportation buildings and/or facilities.

1.1.2 The experience of officers, employees, personal or subcontractors of the company may not be counted to satisfy the required five (5) years’ experience for the company.

1.1.3 As proof of meeting this requirement, the Bidder shall provide with its bid: a minimum of three (3) references from companies for which the Bidder provided services in size, type, and scope similar to the work in this IFB. Each reference shall be from a client for whom the Bidder has provided services for in the past five (5) years.

1.1.4 Bidder shall be able to perform all requirements described in this IFB according to the Maryland Building Performance Standards (MBPS), OSHA and all other applicable codes, rules, regulations, ordinances in their latest edition.

1.1.5 The Contractor and/or Subcontractor shall reference and adhere to all additional qualifications and experience requirements as specified within this IFB, the technical specifications and drawings.

1.1.6 The Bidder must have in their regular employment licensed, experience, qualified and certified technicians, relative to the MVA commercial equipment being installed.

1.1.7 The Bidder shall have and must submit a valid Maryland Contractor’s License.

1.1.8 The Bidder shall warrant that their work shall be of professional quality and performed consistent with the contract specifications and other documents.

Additional requirements for the following specialty trades and manufacturers shall also be submitted at the time of bid:

1.1.9 Commissioning Coordinator Qualifications

A. Evidence of 5 years’ experience in commissioning systems.

B. As proof of having this experience, the bidder shall submit with its bid evidence of commissioning certificate from an accredited. Owner reserves the right to accept or reject certifications as evidence of qualification.

1.1.10 Calibration Agency Qualifications

Certified by The American Association for Laboratory Accreditation that the calibration agency complies with minimum requirements of ISO/IEC 17025.

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1.1.11 Testing Agency Qualifications

Testing Agency Qualifications: Qualified according to ASTM E 329

1.1.12 Mechanical System Testing/Commissioning

A. BAS Testing Technician Qualifications: Journey Level Technicians performing BAS Construction Checklist verification tests, Construction Checklist verification test demonstrations, Cx tests, and Cx test demonstrations. As Proof of meeting this requirement, the Bidder shall submit with its bid evidence of the following:

1. Journey level license or equivalent skill level with knowledge of BAS, HVAC, electrical concepts, and building operations.

2. International Society of Automation (ISA)-Certified Control Systems Technician (CCST) Level I.

B. HVAC Testing Technician Qualifications: Journey level technicians to perform HVAC Construction Checklist verification tests, Construction Checklist verification test demonstrations, Cx tests, and Cx test demonstrations. As proof of having this experience, the bidder shall submit with its bid evidence of Journey Level License.

1.1.13 Electrical System Testing/Commissioning

Journey level electrical: The testing agency and testing supervisor to be provided under this Contract shall be a testing agency and testing supervisor who has been engaged in the testing/commissioning of electrical systems. As proof of having this experience, the bidder shall submit with its bid evidence of Journey level License.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

The Maryland Motor Vehicle Administration (MVA) is issuing this Invitation for Bids (IFB) for the removal and replacement of the existing chiller and all associated equipment located in building A at Glen Burnie, Maryland, as defined in the technical specification, drawings and as specified in this IFB. The Contractor shall furnish all equipment, labor, materials, necessary to perform the services.

2.1.1 It is the State’s intention to obtain services, as specified in this IFB, from a Contract between the selected Bidder and the State. The anticipated duration of services to be provided under this Contract can be found on the IFB Key Information Summary Sheet (page iii).

2.1.2 The MVA intends to make a single award as a result of this IFB to a Contractor that proposes a team of resources that can best satisfy the IFB requirement.

2.2 Background and Purpose

2.2.1 The MVA plays a vital role in ensuring mobility for Maryland residents and road users. As such, the MVA is constantly upgrading its equipment to ensure optimal operational efficiency at all times to mitigate against down times due to equipment malfunction thereby defaulting on our promise to our customers to deliver premier customer service.

2.2.2 The purpose of this IFB is to secure the services of a competent Contractor to replace the chiller system in Building A with more energy efficient system as defined in the TECHNICAL

SPECIFICATION AND DRAWINGS.

2.2.3 Regular business hours for the MVA employees are Monday, Tuesday, Wednesday, and Friday 8:00 AM to 4:30 PM, and on Thursday 8:00 AM to 6:30 PM.

2.2.4 Contractor hours will vary depending on specific work and locations within the building, as well as the need to not disrupt any systems that affect business operations. This includes second and third shift work to achieve project requirements.

2.3 Responsibilities and Tasks

Personnel roles and responsibilities under the IFB:

2.3.1 Procurement Officer – The Personnel that has the primary responsibility for the management of the IFB process, for the resolution of IFB Agreement scope issues, and for authorizing any changes to the IFB.

2.3.2 Contractor – The bidder that is awarded this IFB and is responsible for the performance of the Technical Specifications –Attachment R, and Drawing- Attachment S.

2.3.3 Contractor Manager – The Contractor’s primary point of contact to regularly discuss progress of tasks, upcoming tasking, historical performance, and resolution of any issues that may arise pertaining to the Contractor Personnel.

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2.3.4 Contractor Personnel – Any official, employee, agent, Subcontractor, or Subcontractor agents of the Contractor who is involved with the Task over the course of the Contract period of performance.

2.4 Contractors Responsibilities

2.4.1 The Contractor shall meet and perform in accordance with the technical specifications as described in Attachment R - Technical Specifications, and Attachment S -Drawings.

2.5 Bid/Proposal Bond Notice

2.5.1 Solicitations for construction contracts reasonably expected by the procurement officer to exceed $100,000 shall contain notice of bid/proposal security requirements (See COMAR 21.06.07).

2.5.2 Solicitations for all other contracts reasonably expected by the procurement officer to exceed $50,000 and for which the Bid/Proposal Bond Attachment is included, the bid/proposal security requirements are required.

2.5.3 Notwithstanding 2.6.1 and 2.6.2 of this section, notice of bid/proposal security is required if a federal law or a condition of federal assistance for the contract requires it.

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Solicitation #: V-HQ-25025-C

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

3.3.1 General

a) The Contractor shall send the original of each invoice and signed authorization to invoice to the Contract Manager, via e-mail address, or as otherwise requested by the MVA.

Contract Manager will be identified upon Notice to Proceed

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

c) All invoices and/or correspondence pertaining to invoices shall be identified with the Contract Number and shall be forwarded to MVAAPInvoices@mdot.maryland.gov.

d) An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) 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) State assigned (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

IFB

3 Standard Terms and Conditions mailto:MVAAPInvoices@mdot.maryland.gov

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

f) The MVA reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the MVA 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.

g) Any action on the part of the MVA, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

h) 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.

i) 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.

3.3.2 Invoice Submission Schedule

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

1. For items of work for which there is one-time pricing (see Attachment B – Bid Form) those items shall be billed in the month following the acceptance of the work by the MVA.

2. For items of work for which there is quarterly pricing, see Attachment B– Bid Form, those items shall be billed in the month following the performance of the services.

3.3.3 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 quantity of items delivered is less than the quantity ordered;

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

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

8. 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

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9. 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.

3.4 Retainage

This contract is subject to the provision of COMAR 21.07.02.05-3. Ten percent (10%) of the total Contract value shall be retained by the MVA and will not be released until final payment.

The Contractor shall invoice the State for the retainage amount as part of the final invoice.

3.5 Liquidate Damages

3.5.1 MBE Liquidated Damages

MBE Liquidated Damages as identified in Attachment M is applicable for this IFB.

3.5.2 Liquidated Damages other than MBE

Time is an essential element of the contract, and it is important that the work be vigorously performed until completion.

For each day that any work shall remain uncompleted beyond 120 Calendar Days from the date of NTP, except for days due to excusable delays, the Contractor shall be liable for liquidated damages in the amount of $2,000.00 per day. However, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved change orders.

3.6 Insurance Requirements

3.6.1 The Contractor shall also confirm that any insurance policies intended to satisfy the requirements of this IFP are issued by a company that is licensed to do business in the State of Maryland.

3.6.2 The recommended awardee must provide a certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in the IFB “Insurance Requirements “ within ten (10) Business Days from notice of recommended award. During the period of performance for multi-year contracts the Contractor shall update certificates of insurance annually, or as otherwise directed by the Contract Manager

3.6.3 Contractor shall maintain commercial general liability (CGL) insurance and, if necessary, commercial umbrella insurance, with a limit of not less than $2,000,000 per each occurrence and shall insure against liability to third parties for accidental death, bodily injury or illness, property damage, and personal injury arising out of the work in connection with the Contract.

3.7 Problem Escalation Procedure

The Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The bidder shall submit a proposed PEP with Bid. 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;

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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.

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.

3.8 Security Requirements

The following requirements are applicable to the Contract:

3.8.1 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 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 if applicable, and wearing the badge in a visual location at all time.

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.

3.8.2 Security Clearance / Criminal Background Check

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

A criminal background check is not required for Contractor Personnel.

3.8.3 On-site Security Requirement(s)

a) For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas and may be barred from entrance or exit until such time that the State’s conditions and queries are satisfied. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

2) Some State sites, especially those premises of the Department of Public Safety and Correctional Services, require each person entering the premises to document and

Page 16 of MARYLAND MOTOR VEHICLE ADMINISTRATION inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have an inventory of tools being brought onto a site and be prepared to present the inventory, as well as the tools or equipment, to the State staff or an officer for review and inspection. Before leaving the site, the Contractor Personnel may again be required to present the inventory list and the tools or equipment for inspection. Upon both entering and exiting the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

b) Any Contractor Personnel who enter the premises of a facility under the jurisdiction of the State of Maryland may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the MVA.

c) Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

3.9 Performance and Personnel

3.9.1 Contractor Personnel Maintain Certifications

Any Contractor Personnel shall maintain in good standing and required professional certifications for the duration of the Contract.

3.9.2 Substitute of Personnel

The Contract Manager may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Contract Manager, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law or Department, Contract, or Contract requirement.

3.10 Minority Business Enterprise (MBE) Reports

The Department will monitor both the Contractor’s efforts to achieve the Minority Business Enterprise (MBE) participation goal and compliance with reporting requirements.

The Contractor Shall:

a) Submit the following reports by the 10th of the month following the reporting period to the Contract Monitor and the MVA MBE representative:

1) A Prime Contractor Paid/Unpaid MBE Invoice Report listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made, and

2) (If Applicable) An MBE Prime Contractor Report identifying an MBE prime’s self-performing work to be counted towards the MBE participation goals.

b) Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit an MBE Subcontractor Paid/Unpaid Invoice Report by the 10th of each month to the Contract Monitor and the MBE Liaison Officer that identifies the Contract and

Page 17 of MARYLAND MOTOR VEHICLE ADMINISTRATION lists all payments to the MBE subcontractor received from the Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amounts of those invoices.

c) Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, type of work performed by each, and actual dollar value of work performed. Subcontract agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

d) Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the MBE participation obligations. Contractor must retain all records concerning MBE participation and make them available for State inspection for three years after final completion of the Contract.

e) Upon completion of the Contract and before final payment and release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.

3.11 Veteran Small Business Enterprise (VSBE) Reports

The Department will monitor both the Contractor’s efforts to achieve the Veteran Small Business Enterprise (VSBE) participation goal and compliance with reporting requirements.

The Contractor Shall:

a) Submit the following reports by the 10th of the month following the reporting period to the Contract Monitor and the MVA VSBE representative:

1) VSBE Participation Prime Contractor Paid/Unpaid VSBE Invoice Report listing any unpaid invoices, over 45 days old, received from any VSBE subcontractor, the amount of each invoice and the reason payment has not been made; and

2) The VSBE Participation Subcontractor Paid/Unpaid VSBE Invoice Report by the 10th of the month following the reporting period to the Contract Monitor and the VSBE Liaison Officer.

b) Include in its agreements with its VSBE subcontractors a requirement that those subcontractors submit monthly by the 10th of the month following the reporting period to the Contract Monitor and MVA VSBE representative a report that identifies the prime contract and lists all payments received from Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amount of those invoices.

c) Maintain such records as are necessary to confirm compliance with its VSBE participation obligations. These records must indicate the identity of VSBE and non-VSBE subcontractors employed on the contract, the type of work performed by each, and the actual dollar value of work performed. The subcontract agreement documenting the work performed by all VSBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

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d) Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the VSBE participation obligations. The Contractor must retain all records concerning VSBE participation and make them available for State inspection for three years after final completion of the Contract.

e) At the option of the State, upon completion of the Contract and before final payment and release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from VSBE subcontractors.

3.12 Additional Clauses

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

3.12.2 Green Purchasing

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

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

To facilitate consistent reporting on targeted contracts, the Contractor will be required to submit quarterly VENDOR GREEN SALES REPORTs to MDOT MVA’s Socioeconomic

Office. MDOT MVA’s Socioeconomic Office will provide the awarded Contractor and subcontractors further Green Purchasing Report submittal requirements, template and schedule after contract award. Additional Green Purchasing information is available on the Office of State Procurement’s website at https://dgs.maryland.gov/pages/greenpurchasing/index.aspx.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdgs.maryland.gov%2Fpages%2Fgreenpurchasing%2Findex.aspx&data=04%7C01%7Cdedet%40mdot.state.md.us%7C9dffa68b849244f362e508d9d7709a4a%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C637777700889603004%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=NKKYLt7QnOEPT1DZKIEY3eQKwhaW%2BPfD9kreSsPWuqY%3D&reserved=0

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Solicitation #: V-HQ-25025-C

4.1 Pre-Bid Conference

4.1.1 A pre-Bid conference (Conference) will be held at the date, time, and location indicated on the Key Information Summary Sheet. A site visit will be held shortly after the conference.

4.1.2 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.

4.1.3 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.

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

4.1.5 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions.

Contractors are advised of the Site Investigation clause.

4.1.6 Attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.1.7 In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form (Attachment A) no later than the time and date indicated on the form. In addition, if there is a need for sign language interpretation or other special accommodation due to a disability, please notify the Procurement Officer at least five

(5) Business Days prior to the Conference date. The MVA will make a reasonable effort to provide such special accommodation.

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 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.

4.2.2 In order 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.

4.3 Questions

4.3.1 All questions regarding this solicitation, including concerns regarding any applicable, shall be sent to the Procurement officer by email no later than the date and time specified on the Key Information Summary Sheet under Questions Due Date and Time. Please, identify in the email subject line: the solicitation title and contract number.

IFB

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

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4.3.2 If a question is received late, 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.”

4.3.3 Questions received timely by the Procurement Officer will be addressed in an amendment and posted on eMMA.

4.3.4 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the MVA 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.

4.5 Bid Due (Closing) Date and Time

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

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

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. 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.

4.5.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e- mail address indicated on the Key Information Summary Sheet.

4.5.5 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.

4.5.6 Bids may not be submitted by e-mail or facsimile. Bids will be opened in eMMA at the date and time indicated on the Key Information Summary Sheet.

4.5.7 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).

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids

4.7.1 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.

4.8 Confidentiality of Bids / Public Information Act Notice

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4.8.1 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, 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.

4.8.2 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 in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

4.8.3 For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.9 Award Basis

4.9.1 A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR 21.05.02.13) 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.

4.9.2 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.

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.11 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.

4.12 Revisions to the IFB

4.12.1 If the IFB is revised before the due date for Bids, the MVA 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.

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

4.12.3 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.

4.13 Cancellations

4.13.1 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.

4.13.2 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).

4.13.3 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 cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3- 207(b)(2).

4.14 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.

4.15 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).

4.16 Bidder Responsibilities

4.16.1 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.

4.16.2 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.

4.16.3 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

Page 23 of MARYLAND MOTOR VEHICLE ADMINISTRATION performance of the Contract, and the value of the parent’s participation as determined by the State.

4.17 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 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.

4.18 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 Attachment C of this IFB.

4.19 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 Attachment U 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.

4.20 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.

4.21 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.

4.22 False Statements

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

http://www.egov.maryland.gov/businessexpress

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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.

d) A person may not aid or conspire with another person to commit a crime.

e) 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.

4.23 Payments by Electronic Funds Transfer

By submitting a Bid in response to this…