IFB No. V-LAR-27722-C, Renovation of MVA Largo Branch.pdf

Renovation - MVA Largo Branch

Solicitation No.: V-LAR-27722-C

STATE OF MARYLAND

MOTOR VEHICLE ADMINISTRATION

MVA

INVITATION FOR BIDS (IFB)

RENOVATION OF MVA LARGO BRANCH

IFB NUMBER V-LAR-27722-C

ISSUE DATE: OCTOBER 13, 2026

A Prospective Bidder that has received this document from a source other than eMaryland

Marketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

SMALL BUSINESS PREFERENCE PROCUREMENT

This procurement has been designated for a small business preference under COMAR

21.11.01.05. The procurement agency will accept the most favorable responsive bid from a responsible small business (COMAR 21.01.02.01B(80)) if the bid of the small business does not exceed the most favorable responsive bid received from a responsible bidder who is not a small business by: (1) more than 5 percent; (2) more than 7% for a veteran-owned small business; (3) more than 8% for a disabled-veteran-owned small business; or (4) the percentage otherwise identified in the solicitation as the small business preference.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION

https://procurement.maryland.gov/ https://emma.maryland.gov/

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for

Bids

Construction

Renovation - MVA Largo Branch

Solicitation

Number:

V-LAR-27722-C

IFB Issue Date: October 13, 2026

IFB Issuing

Office:

Motor Vehicle Administration (MVA)

Procurement

Officer:

Gayloy Martin

6601 Ritchie Highway N.E., Glen Burnie, MD 21062

Email:

Phone Number:

gmartin5@mdot.maryland.gov

410.768.7640

Bids

Submission:

Submit on emma.maryland.gov under Solicitation Number

V-LAR-27722-C

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 – No Bid Notice/Vendor Feedback Form with your reasons why.

Pre-Bid

Conference:

October 19, 2026, at 10:00 AM Local Time

MVA Largo Branch

10251 Central Avenue, Upper Marlboro, MD 20774

See Section 4.8 for additional details.

See Attachment 2 to RSVP by October 16, 2026

Site Visit October 19, 2026, at 10:30 AM Local Time

Site Visit Location: MVA Largo Branch. See Attachment 2 for instructions.

gmartin5@mdot.maryland.gov emma.maryland.gov emma.maryland.gov

To attend the site visit, please contact the Procurement Officer gmartin5@mdot.maryland.gov no later than October 16, 2026.

Questions Due

Date and Time:

October 21, 2026, at 1:00 PM Local Time

Bid Due

(Closing) Date and Time:

November 13, 2026, at 1:00 PM Local Time

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

Notice/Vendor Feedback Form).

MBE

Subcontracting

Goal:

An overall Minority Business Enterprise (MBE) subcontract participation goal of __32___ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

__8___% for African American MBEs;

__0___% for Asian American MBEs;

__0___% for Hispanic American MBEs; and

__11___% for Woman-Owned MBEs.

Refer to Exhibit 1 for information on how goal setting was determined. Also, refer to Appendix 4 for information about the

MBE program and goals.

VSBE

Subcontracting

Goal:

This solicitation includes a VSBE participation Goal of __3___%

Refer to Exhibit 1 for information on how goal setting was determined. Also, refer to Appendix 5 for information about the

VSBE program and goals.

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:

The estimated period of performance for this contract barring excusable delays is two (2) years after Notic to Proceed (NTP) mailto:gmartin5@mdot.maryland.gov

Primary Place of

Performance:

MVA Largo Branch

10251 Central Avenue, Largo, MD 20774

SBP

Designation:

Yes

Federal

Funding:

No

Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

1.2 Certifications & License Qualifications Requirements

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities

2.4 Responsibilities and Tasks

2.5 Work Hours

2.6 Security Requirements

2.7 Security Clearance / Criminal Background Check

2.8 Bid/Proposal Bond Notice

2.9 Construction Contract Retainage

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Retainage

3.5 Liquidated Damages

3.6 Problem Escalation Procedure

3.7 Work Orders

3.8 Performance and Personnel

3.8.1 Contractor Personnel Maintain Certifications

3.8.2 Substitute of Personnel

3.9 Payments by Electronic Funds Transfer

3.10 Prompt Payment Policy

3.11 Federal Funding Acknowledgement

3.12 Bid/Proposal Affidavit

3.13 Contract Affidavit

3.14 Conflict of Interest Affidavit and Disclosure

3.15 Non-Disclosure Agreement

3.16 Maryland Healthy Working Families Act Requirements

3.18 Insurance Requirements

3.19 Subcontractor Insurance

3.20 Non-Compete Clause Prohibition

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Change Orders

4.4 MBE Participation Goal

4.5 VSBE Participation Goal

4.6 Subcontractor Agreements other than MBE or VSBE

4.7 Bonds

4.8 Pre-Bid Conference

4.9 Questions

4.10 Bid Due (Closing) Date and Time

4.11 Receipt, Opening and Recording of Bids

4.12 Duration of Bids

4.13 Revisions to the IFB

4.14 Cancellations

4.15 Incurred Expenses

4.16 Protest/Disputes

4.17 Bidder Responsibilities

4.18 Acceptance of Terms and Conditions

4.19 Compliance with Laws/Arrearages

4.20 Verification of Registration and Tax Payment

4.21 False Statements

4.22 Confidentiality of Bids / Public Information Act Notice

4.23 Use of Bidder’s Form Not Binding on State

4.24 Bid Delivery Instructions

4.25 Bid Evaluation Criteria and Award Basis

4.26 Tie Bids

4.27 Reciprocal Preference

4.28 Department of Human Services (DHS) Hiring Agreement

4.29 Small Business Preference

Attachments and Documents Required with the Bid

Documents Required upon Notice of Recommendation for Contract Award

5 IFB Appendices and Exhibits

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

A. Bidder shall be able to perform all requirements described in this IFB according to the

Maryland Building Performance Standards (MBPS), requirements set forth by the

Authority Having Jurisdiction (AHJ), and other relevant code requirements, including any County or local Codes and Ordinances.

B. The Bidder shall have ten years (10) of experience providing similar to the work required in this IFB, and be in good standing with the State, and approved. The experience of officers, employees, personnel, or subcontractors of the Company may not be counted to satisfy the required ten (10) years’ experience for the company.

C. 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.

D. 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, and ordinances in their latest edition.

E. The Contractor and/or Subcontractor shall reference and adhere to all additional qualifications and experience requirements as specified within the Technical

Specifications and Drawings.

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

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

1.2 Certifications & License Qualifications Requirements

Commissioning Coordinator Qualifications

A. Documented experience commissioning systems of similar complexity to those contained in these documents on at least three projects of similar scope and complexity.

B. Certification of commissioning-process expertise. The following certifications are acceptable. Owner reserves the right to accept or reject certifications as evidence of qualification.

1. Certified Commissioning Authority, by AABC Commissioning Group (ACG).

2. Commissioning-Process Management Professional, by American Society of

Heating, Refrigerating and Air-Conditioning Engineers.

3. Certified Commissioning Professional, by Building Commissioning Association.

4. Accredited Commissioning-Process Authority Professional, by University of

Wisconsin.

5. Accredited Commissioning-Process Manager, by University of Wisconsin.

6. Accredited Green Commissioning-Process Provider, by University of Wisconsin.

Calibration Agency Qualifications

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

Testing Agency Qualifications

A. Testing Agency Qualifications: Qualified according to ASTM E 329 for testing indicated.

Mechanical System Testing/Commissioning

A. BAS Testing Technician Qualifications: Technicians performing BAS Construction

Checklist verification tests, Construction Checklist verification test demonstrations, Cx tests, and Cx test demonstrations are to have the following minimum qualifications:

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

2. Minimum three years’ experience installing, servicing, and operating systems manufactured by approved manufacturer.

3. International Society of Automation (ISA)-Certified Control Systems Technician

(CCST) Level I.

B. HVAC Testing Technician Qualifications: Technicians to perform HVAC Construction

Checklist verification tests, Construction Checklist verification test demonstrations, Cx tests, and Cx test demonstrations shall have the following minimum qualifications:

1. Journey level or equivalent skill level; vocational school four-year-program graduate or an associate’s degree in mechanical systems, air conditioning, or similar field.

Degree may be offset by three years' experience in servicing mechanical systems in the HVAC industry. Generally, required knowledge includes HVAC systems, electrical concepts, building operations, and application and use of tools and instrumentation to measure performance of HVAC equipment, assemblies, and systems.

2. Minimum three years' experience that is to include installing, servicing, and operating systems manufactured by approved manufacturer.

Electrical System Testing/Commissioning

A. 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 comparable to those specified herein for a minimum of three (3) years.

B. The bidder shall provide documentation of both the testing agencies and the testing supervisor’s qualification, and experience as required herein. This is to include a list of recent projects for which the proposed testing agency and testing supervisor provided services with similar requirements to those specified in this Contract.

Fire Alarm System Qualifications

A. The Contractor must have the following qualifications:

1. Supervising Installer Qualifications: All work shall be performed under the direct supervision of Personnel trained and certified by the manufacturer of the Digital Addressable Fire Alarm and Signaling

System and certified by NICET as a Fire-Alarm Level III Technician minimum, for installation of equipment required for this Project.

Provide documentation to the MVA to support this certification and training.

2. Contractor and Fire Alarm and Signaling System Vendor shall have installed at least five Fire Alarm and Signaling Systems of the same type, similar size and duty.

a. Contractor shall submit evidence to the MVA for approval, including Owner’s reference contact information to include name, company, direct telephone number and email address, that the proposed

3. Contractor shall provide the services and equipment of a Fire Alarm and

Signaling System service company listed by Underwriters Laboratories, Inc., in its most recent published directory as being capable of furnishing the Digital Addressable Fire Alarm and Signaling System specified herein. The Fire Alarm Service Company shall be authorized to, and shall issue an Underwriters Laboratories (UL), Inc certificate for the equipment described herein as its representation that such equipment and all connected wiring and devices which form the specified system, together with installation and maintenance service are in compliance with requirements established by Underwriters Laboratories, Inc. An

UL certificate shall be issued to the MVA, with a copy included in the

Operations and Maintenance Manual.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

A. This Invitation for Bids (IFB) is issued by the Maryland Motor Vehicle Administration

(MVA) to procure services, to include but not limited to site upgrades, repairs and renovation of the MVA Largo branch office as outlined in the attached Technical

Specifications and Drawings. The Contractor shall furnish all equipment, labor materials, necessary to perform the work.

B. 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 may be found on the IFB Key Information Summary Sheet.

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

2.2 Background and Purpose

A. The Maryland Motor Vehicle Administration (MVA) is one of five modes under the

Maryland Department of Transportation. The MVA is responsible for providing a broad range of motor vehicle related services to Maryland residents. Its mission and operations are centered on safety, security, innovation, and premier customer service while providing secure, accessible, and convenient services to the public.

B. The MVA delivers services through a network of branch offices, vehicle emissions testing facilities, self-service kiosks, and online services. The Administration currently maintains branch locations throughout Maryland. Branch offices provide essential in-person services, including licensing and identification services, vehicle registration and titling, knowledge and skills testing, and other motor vehicle-related transactions.

C. The purpose of this IFB is to procure services to include site upgrades and repairs, renovation of up to 50% of the existing interior spaces of the facility, electrical, mechanical and plumbing work, as well as upgrades to the building envelop including new roof membrane, accessories, metal work, new roof top mechanical equipment, new openings, masonry infill, storefront systems and new/repaired Exterior Insulation and

Finish System (EIFS) in accordance with the Technical Specifications and Drawings.

2.2.1 Required Project Policies, Guidelines and Methodologies

The Bidder shall comply with all applicable laws, regulations, policies, standards and guidelines affecting construction projects, which may be created or changed periodically.

2.3 Contractor Responsibilities

The Contractor shall:

A. Meet and perform in accordance with the Specifications described in the Technical

Specifications and Drawings.

B. Provide notifications to the MVA, and other appropriate authorities as expected by best practices.

C. Obtain and retain all appropriate certifications and permits.

D. Be responsible for scheduling any required inspections with the appropriate authority (local, county, state).

E. Repair any damage to finished surfaces or surrounding areas etc. at the

Contractor’s expense.

2.4 Responsibilities and Tasks

2.4.1 Personnel roles and responsibilities under the IFB

A. 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.

B. Contractor – The bidder that is awarded this IFB and is responsible for the performance of the Technical Specifications and Drawing.

C. 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.

D. 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.

2.5 Work Hours

Unless otherwise specified, the following onsite work hours requirements are applicable:

A. The construction site work shall be performed between 7:00pm to 5:00am, Mondays through Fridays. After 1:00pm on Saturdays, and during the day on Sundays. All outages shall be pre-approved by the MVA’s Project Manager (PM) and shall only be permitted to occur on Sundays, between 6:30 AM and 3:00 PM.

B. All work times shall be coordinated with the MVA’s PM. The contractor shall inform

MVA’s PM when and where they plan to work in advance. Provide at least two (2) weeks’ advance notice unless requirements indicated elsewhere are more stringent.

Daily Cleaning: The project site shall be cleaned on a daily basis.

2.6 Security Requirements

The following requirements are applicable to the Contract:

2.6.1 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, providing information for State badge issuance if applicable, and wearing the badge in a visual location at all times.

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.

2.7 Security Clearance / Criminal Background Check

A. 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.

B. A criminal background check is not required for Contractor Personnel.

C. A security clearance is not required for Contractor Personnel.

On-Site Security Requirement(s)

2.7.1 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:

A. 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.

B. Any Contractor Personnel who enter the premises of a facility under the jurisdiction of the MVA 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.

2.8 Bid/Proposal Bond Notice

A Bid/Proposal Bond is required under this contract, in addition to Payment and

Performance Bonds. Construction contracts reasonably expected by the procurement officer to exceed $100,000 shall contain notice of price proposal security requirements.

2.9 Construction Contract Retainage

Five percent (5%) 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. See COMAR 21.06.06.01.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Contract

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

3.3.2 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.

3.3.3 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.

3.3.4 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.

3.3.5 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.

3.3.6 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.

3.3.7 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 Bid Form), those items shall be billed in the month following the acceptance of the work by the MVA.

B. For items of work for which there is quarterly pricing (see Attachment B–The

Bid Form), those items shall be billed in the month following the performance of the services.

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

A. The amount invoiced is inconsistent with the Contract;

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

Contract;

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

D. The item or services have not been accepted;

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

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

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

H. 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

I. 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.

A. The contractor may not retain from any payment due a subcontractor a percent of the payment greater than the percent for retainage specified in the contract.

B. A subcontractor at any tier may not retain from any payment due a lower tier subcontractor a percent of the payment greater than the percent of payments retained from the subcontractor.

C. A contractor and a subcontractor are not prohibited from withholding an amount in addition to retainage if the contractor or subcontractor determines that a subcontractor's performance under the subcontract provides reasonable grounds for withholding the additional amount.

D. The contractor and each subcontractor at any tier shall include, in all of their subcontracts for work called for by this contract, wording that incorporates the provisions of A-D.

3.5 Liquidated Damages

A. MBE Liquidated Damages

MBE Liquidated Damages is applicable for this IFB.

B. Liquidated Damages other than MBE

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

D. For each day that any work shall remain uncompleted beyond 730 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 $5,000.00 per Calendar 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 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 the 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;

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.

3.7 Work Orders

This Section is inapplicable to this IFB.

3.8 Performance and Personnel

3.8.1 Contractor Personnel Maintain Certifications

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

3.8.2 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.

3.9 Payments by Electronic Funds Transfer

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

A. Agrees to accept payments by electronic funds transfer (EFT) unless the

State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT)

Registration Request Form.

B. 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_Infor mation/Static_Files/GADX10Form20150615.pdf.

3.10 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.

3.11 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.12 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.

3.13 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 N of this IFB. This

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

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

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

COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that

Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that

“an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any

Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.15 Non-Disclosure Agreement

A. Non-Disclosure Agreement (Bidder/Bidder)

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

B. Non-Disclosure Agreement (Contractor)

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

3.16 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/.

3.17 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.

3.18 Insurance Requirements

3.16.1 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.

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.

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

B. Errors and Omissions/Professional Liability - One million dollars ($1,000,000) per combined single limit per claim and three million dollars ($3,000,000) annual aggregate.

C. 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.

D. Automobile or Commercial Truck Insurance - The Contractor shall maintain

Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

3.16.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding

Workers’ Compensation Insurance and professional liability.

3.16.3 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.

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

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.

3.19 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.

3.20 Non-Compete Clause Prohibition

The State of Maryland seeks to maximize the retention of personnel working under the

Contract whenever there is a transition of the Contract from one contractor to another so as to minimize disruption due to a change in contractor and maximize the maintenance of institutional knowledge accumulated by such personnel. To help achieve this objective of staff retention, each Bidder shall agree that if awarded the Contract, the Bidder’s employees and agents filling the positions set forth in the staffing requirements of Section

2.4 Experience and Personnel working on the State contract shall be free to work for the contractor awarded the State contract notwithstanding any non-compete clauses to which the employee(s) may be subject. The Bidder agrees not to enforce any non-compete restrictions against the State with regard to these employees and agents if a different vendor succeeds it in the performance of the Contract. To evidence compliance with this non-compete clause prohibition, each Bidder must include an affirmative statement in its technical Proposal that the Bidder, if awarded a Contract, agrees that its employees and agents shall not be restricted from working with or for any successor contractor that is awarded the State business.

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 Bidder 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 Change Orders

4.3.1 If the Contractor is required to perform work beyond the scope of this IFB as determined by the Procurement Officer, or there is a work reduction due to unforeseen scope changes, a Change Order is required. The Contractor and Manager shall negotiate a mutually acceptable price modification based on the Contractor’s proposed rates in the Contract and scope of the work change.

4.3.2 No scope of work changes shall be performed until a change order is approved by

Procurement Division, and the Board of Public Works, if required, and executed by the

Procurement Officer.

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

4.4 MBE Participation Goal

MBE Goal is applicable to this IFB as set forth in the Key Information Section.

A Bidder that responds to this IFB shall complete, sign, and submit all required MBE documentation at the time of Bid submission. (See Attachment MBE Enterprise Forms).

IMPORTANT: Failure of the Contractor to complete, sign, and submit all required MBE documentation at the time of Bid submission will result in the State’s rejection of the Contractor’s Proposal.

4.5 VSBE Participation Goal

VSBE Goal is applicable to this IFB as set forth in the Key Information Section. A

Contractor that responds to this IFB shall complete, sign, and submit all required VSBE documentations at the time of Proposal submission. (See Attachment VSBE Forms).

IMPORTANT: Failure of the Contractor to complete, sign, and submit all required VSBE documentation at the time of Proposal submission will result in the State’s rejection of the Contractor’s Proposal.

4.6 Subcontractor Agreements other than MBE or VSBE

4.6.1 For all Subcontractors other than MBE or VSBE used for this project, the Bidder shall provide signed copies by the Bidder and each subcontractor the following:

A. A statement of intent to enter into a subcontract agreement between the apparent successful Bidder and each proposed subcontractor at the time the State contract is awarded to the apparent successful Bidder.

B. A copy of each subcontract agreement between the apparent successful Bidder and each proposed subcontractor, that the apparent successful Bidder and each proposed subcontractor intend to enter into, contingent upon the State’s contract award to the apparent successful Bidder, containing all necessary terms, including pricing, required for the subcontractor to perform its proposed work and for the apparent successful Bidder to pay the subcontractor for its work during the contract term.

4.6.2 The procuring officer shall review the documentation submitted above and confirm in writing that the submitted documents meet the requirements of COMAR 21.11.03 regulation, including verifying that all subcontract agreements contain necessary terms, prior to any State contract award with subcontractor participation. If the procurement officer finds that the apparent successful Bidder has not complied in good faith, the

MVA may require the apparent successful Bidder to renegotiate any subcontract agreement with a proposed subcontractors to attempt to ensure fair practices, without altering the subcontractor’s proposed participation included in their participation schedule. Any renegotiated subcontract agreement shall be reviewed and approved by the procurement officer for compliance prior to any State contract award to the apparent successful Bidder.

4.7 Bonds

4.7.1 Bid Bond

A. Each Contractor must submit with its Bid a Bid Bond or other suitable security, as summarized in Section 4.13.4, in the amount of five percent (5%) of the Total

Evaluated Price, guaranteeing the availability of the goods and services at the offered price for 180 days after the due date for receipt of Proposals.

B. The bond shall be in the form provided in Appendix 5.

C. A Contractor may request a release of the bond after the date of the award in return for a release signed by the Contractor and accepted by the MVA.

D. The cost of this bond, or other suitable security, is to be included in the total prices proposed, is not to be proposed, and will not be recoverable as a separate cost item.

4.7.2 Performance Bond

A. The Contractor shall deliver a Performance Bond, or other suitable security, to the State within ten (10) business days after notification of recommended award in the amount of $1,000,000.00, guaranteeing that the Contractor perform the

Contract.

B. The Performance Bond shall be in the form provided in Appendix 3 and underwritten by a surety company authorized to do business in the State and shall be subject to approval by the State, or other acceptable security for bond as described in COMAR 21.06.07, as summarized in Section 4.13.4.

C. The Performance Bond shall be maintained throughout the term of this Contract.

This Performance Bond shall also secure liquidated damages.

D. The Performance Bond may be renewable annually. The Contractor shall provide to the State, 30 days before the annual expiration of the bond, confirmation from the surety that the bond will be renewed for the following year. Failure to timely provide this notice shall constitute an event of default under the Contract. Such a default may be remedied if the Contractor obtains a replacement bond that conforms to the requirements of the Agreement and provides that replacement bond to the State prior to the expiration of the existing Performance Bond.

E. The cost of this bond, or other suitable security, is to be included in the total prices proposed, is not to be proposed, and will not be recoverable as a separate cost item.

F. After the first year of the Contract, the Contractor may request a reduction for

Performance Bond. The amount and the duration of the reduction, if any, will be at the Department’s sole discretion. If any reduction is granted, the MVA shall have the right to increase the amount of the Performance Bond to any amount, up to the original amount, at any time and at the MVA’s sole discretion.

4.7.3 Payment Bond

A. The Contractor shall submit to the Procurement Officer, within ten (10) business days after notice of recommended award, a Payment Bond in the amount of the

Contract. The bond shall be in the form provided in Appendix 4 and issued by a surety company licensed to do business in the State. The Payment Bond shall be maintained throughout the term of this Contract, or renewal option period, if exercised. Evidence of renewal of the Payment Bond and payment of the required premium shall be provided to the Contract Manager. This bond shall also secure liquidated damages.

Failure of the Contractor to submit and maintain the required Payment and

Performance Bond coverage throughout the term of the Contract will constitute an event of Default under the Contract.

The Payment Bond shall be forfeited to the MVA in whole or part, if the

Contractor defaults on its payment of subcontractors or vendors for work performed under this Contract.

A letter must be submitted from a bonding company with the Bid providing evidence that the Contractor is capable of securing the required Payment and Performance bonds.

4.7.4 Acceptable security

Acceptable security shall be as described below, identified within and excerpted from COMAR 21.06.07.01: Acceptable security for bid, performance, and payment bonds is limited to:

A. A bond in a form satisfactory to the State underwritten by a surety company authorized to do business in this State;

B. A bank certified check, bank cashier's check, bank treasurer's check, cash, or trust account;

C. Pledge of securities backed by the full faith and credit of the United

States government or bonds issued by the State;

D. An irrevocable letter of credit in a form satisfactory to the Attorney

General and issued by a financial institution approved by the State

Treasurer.

4.7.5 Surety Bond Assistance Program

Assistance in obtaining bid, performance and payment bonds may be available to qualifying small businesses through the Maryland Small Business Development Financing Authority

(MSBDFA). MSBDFA can directly issue bid, performance or payment bonds up to

$750,000. MSBDFA may also guarantee up to 90% of a surety's losses as a result of a

Contractor’s breach of Contract; MSBDFA exposure on any bond guaranteed may not, however, exceed $900,000. Bonds issued directly by the program will remain in effect for the duration of the Contract, and those surety bonds that are guaranteed by the program will remain in effect for the duration of the surety’s exposure under the Contract. To be eligible for bonding assistance, a business must first be denied bonding by at least one surety on both the standard and specialty markets within 90 days of submitting a bonding application to MSBDFA. The applicant must employ fewer than 500 full-time employees or have gross sales of less than $50 million annually, have its principal place of business in

Maryland or be a Maryland resident, must not subcontract more than 75 percent of the work, and the business or its principals must have a reputation of good moral character and financial responsibility. Finally, it must be demonstrated that the bonding or guarantee will have a measurable economic impact, through job creation and expansion of the state’s tax base.