IFB_Pest_Service_2024-2026_Annapolis_version Revised Feb.17 24.pdf

Pest Control Services for Annapolis Capital Complex and Community Place Solicitation #: BPM041442

IFB Document

IFB for Annapolis Public Grounds Department of General Services Page iv of 76

STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES

OFFICE OF FACILITIES MANAGEMENT

INVITATION FOR BIDS (IFB)

Pest Control Services for Annapolis Capital Complex and

Community Place

IFB NUMBER BPM041442

ISSUE DATE: DECEMBER 28, 2023

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.

NOTICE

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

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NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Pest Control Services for Annapolis Capital Complex and Community Place Solicitation No: BPM041442

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. (Attached additional pages as needed.)

REMARKS:

Vendor Name: Date:

Contact Person: Phone ( ) -

Address:

E-mail Address:

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Page vi of 76

STATE OF MARYLAND

Pest Control Services for Annapolis Capital Complex and

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Pest Control Services for Annapolis Capital Complex and

Solicitation Number: BPM041442

IFB Issue Date: December 28,2023

IFB Issuing Office: Department of General Services

Procurement Specialist:

e-mail:

Office Phone:

Tone Hansford

Tone.Hansford@maryland.gov 410-260-2903

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

Pre-Bid Conference: February 17,2024 Please email confirming your attendance 29 St. Johns Street Annapolis, MD 20401.

Questions Due Date and Time February 19, 2024

Bid Due (Closing) Date and Time:

February 24, 2024, Local Time 2:00 pm Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made.

Public Bid Opening Date, Time and Location

,Local Time eMaryland Marketplace Advantage (eMMA)

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Terms of Service:

Options

The Contract resulting from this solicitation shall be a fixed firm price as defined in COMAR 21.06.03.

Yes

Contract Duration: March 1, 2024, through December 30,2024, base period with option periods: with three (3) one-year option periods.

mailto:Tone.Hansford@maryland.gov

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Page vii of 76

Primary Place of Performance:

Annapolis Capital Complex and Community Place

• 100 Community Place

• Annapolis Data Center

• Annapolis Historic Post Office

• Archives Building

• Attman Glazer Building

• Central Services Building

• Community Place Childcare Center

• Community Place Maintenance Building

• Fred L. Wineland Building

• Goldstein Treasury Building

• Revenue Administration Building

• State House

• Tawes Building including Daycare (Pods B, C, D, E)

SBR Designation: Yes

Federal Funding: No

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Page viii of 76

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. ......................................................... Error! Bookmark not defined.

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

3.13 Additional Clauses ...................................................................... Error! Bookmark not defined.

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

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4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal ..............................................................Error! Bookmark not defined.

4.27 VSBE Participation Goal

4.28 Living Wage Requirements .........................................................Error! Bookmark not defined.

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure ...................Error! Bookmark not defined.

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds ..........................................................................................Error! Bookmark not defined.

4.39 Maryland Healthy Working Families Act Requirements ............Error! Bookmark not defined.

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

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5.6 Documents Required upon Notice of Recommendation for Contract Award

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 Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix <<#>>. – <<Title of Appendix>> ..................................................Error! Bookmark not defined.

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

As part of the determination to be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. The Bidder shall have three (3) years of experience providing.

Prior to submitting a bid for the work covered by the specifications for this solicitation, the successful Bidder must have: a) a minimum of three (3) consecutive years of its entity being formed and in business; and b) a minimum of three (3) complete and consecutive years, within the last five (5) years, of successful Commercial and Government Pest/Rodent Control service performance comparable in scope, type, size, magnitude, and complexity as required in this IFB.

The Bidder must provide three (3) references that can substantiate this experience timely upon the request of the Procurement Officer.

The Bidder shall submit online with the bid response on the Company Profile (Attachment S ) a minimum of three (3) references of companies or organizations for which the Bidder provided services in scope, type, size, magnitude and complexity comparable to those specified in the Scope of Work. Each reference shall be from a client for whom the Bidder has provided services within the past five (5) consecutive years and shall include the following information:

1.1.3 List of Current or Prior State Contracts: (References used to meet any Bidder Minimum Qualifications in Section 2 may be used to meet this request.

Provide a list of all contracts with any entity of the State of Maryland for which the Bidder is currently performing services or for which services have been completed within the last five (5) consecutive years. For each identified contract, the Bidder is to provide:

a. The State contracting entity;

b. A brief description of the services provided;

c. The dollar value of the contract;

d. The term of the contract;

e. The State employee contact person (name, title, telephone number, and, if possible, e-mail address); and

f. Whether the contract was terminated before the end of the term specified in the original contract, including whether any available renewal option was not exercised.

Information obtained regarding the Bidder’s level of performance on State contracts will be considered as part of the responsibility determination by the Procurement Officer.

1.1.4 The Bidder shall provide verification of meeting All State of Maryland Department of Agriculture requirements outlined in Title 15.07.01 (Regulations Pertaining to the Pesticide Application

Law), specifically, paragraph 15.06.01.03, A 1 (Commercial Applicator) to include the following subcategories of sub-paragraph “g” (Industrial, Institutional, Structural and Health Related Pest Control); (7A) General Pest Control, (7B) Termite Control, (7D) Rodent Control and (7C) Wildlife Pest Control. As proof of meeting this requirement, the Bidder shall provide with its bid, a Commercial Pest Control License(s) from the Maryland Department of Agriculture.

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1.1.5 The Bidder shall provide verification of their current Commercial Pest Control License(s) and Commercial Applicator’s Pesticide Business License Number as provided by the Maryland Department of Agriculture. As proof of meeting this requirement, the Bidder shall provide with its bid, a signed letter by the Bidder that confirms the Bidder is a licensed Commercial Applicator’s Pesticide Business and states the Bidder’s Commercial Applicator’s Pesticide Business License Number.

B. The Bidder’s Superintendent shall be actively engaged in the business of providing pest/rodent control supervision and have at least two (2) years of experience pertaining to the type and size of services stated in this IFB. As proof of meeting this requirement, the Bidder shall provide with its Bid, a background clearance, three (3) client references able to attest to the Bidder’s Superintendent’s experience in providing pest/rodent control supervision and a resume detailing the length of employment and type and size (square footage) of the buildings serviced by the Superintendent.

1.2 Each reference must include:

a. Name and complete address of business or company

b. Name of the contact person, email address, and current phone number

c. Term and length of each contract

d. Size and type of facility (square footage)

e. Type of services provided

f. Names of supervisory personnel who will perform under the contract, specifying the length and type of experience of each such personnel

g. Contract value

The Department reserves the right to request additional refences or utilize refences not provided by a Bidder.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

A. The Department of General Services or the Office Of Facilities Management is issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the Department of General Services : The Contractor shall furnish all expertise, labor, equipment, supplies, chemicals/ pesticides, etc. to accomplish the elimination or satisfactory reduction of all insects, rodents and/or other undesirable pests infesting State facilities located in the Annapolis Capital Complex and the Community Place facilities located at Crownsville, Maryland.

B. The Contractor must coordinate every visit to the facilities to perform work with the Building Services Supervisor.

C. The Department of General Services intends to give a single award.

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

E. All technicians utilized by the Contractor to perform work at the facilities are to be wearing a company uniform or other means of identifying the technician as the Contractor’s employee. The technicians will have an appropriate identification badge or card approved by the Superintendent.

F. The Contractor’s technician will sign in at the Maryland Capital Police Command Center every time the technician is working at the Complex facilities to receive a temporary workman’s badge. This badge is to be always worn by the technician prominently. The badge will be returned, and the technician will sign out upon leaving the Complex facilities. The Contractor’s technician may be required to sign in and out at each specific facility within the Complex upon entry and departure.

G. It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the State.

H. All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

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

J. Work Excluded from This Contract

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All exterior grounds and landscape areas are not part of a fixed building structure.

The contractor may be requested to provide price proposals for other work not specified.

herein, and may be requested to perform the additional work under separate purchase.

orders if the State so solicits it. (See Section 13, STATE’S RIGHTS TO OBTAIN

SERVICES).

K. Day/Hours When Work May Be Performed

A. All exterminating work is to be performed on Saturday’s between the hours of 7:00 a.m. to 3:00 p.m or Wednesday after 5pm approval of Superintendent.

B. Certain areas may require additional spraying, these areas may also require special.

scheduling considerations to be determined with the Superintendent.

C. No work is to be performed on the following holidays, unless approved by the Superintendent.

• New Years Day

• Martin Luther King Day

• President’s Day

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veteran’s Day

• Thanksgiving Day

• Day after Thanksgiving

• Christmas Day

Note: Unusual circumstances may require services to be performed on one or more of the above holidays. If so, the Contractor will need to accommodate the requirement at the Director’s request.

L. Chemicals and Methods

A. All pesticides and other associated chemicals used in performing the work in this Contract shall be recognized and approved for the specific use by all municipal, state and federal regulatory agencies having jurisdiction in the region and regulatory oversight of the substances used. OSHA-compliant Material Safety Data Sheets are to be submitted to the Fire/Safety Officer for every pesticide/chemical applied at the facilities prior to its use.

B. All equipment provided and used by the Contractor in the performance of the exterminating work shall be designed for the purpose and used in accordance with standard industry procedures.

C. The State reserves the right to prohibit the use of any pesticides/chemicals or equipment at any time should it determine use of the substance(s) or equipment may have adverse consequences for persons or surfaces or have other detrimental effects at the facilities.

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2.2 Non-Destructive Methods

A. Only non-destructive methods are to be utilized to perform pest control activities specified within this Contract. If it should be determined that eradication or control of a specific infestation cannot be achieved without substantial demolition or major cutting of finished surfaces or similar destructive activities, that work will be considered to exceed the requirements specified within this Contract. It is expected the Contractor will utilize every reasonable industry-recommended practice to eradicate / reduce infestations without the need for destructive methods.

2.3 Detailed Specifications

A) Within ten (10) working days after being awarded the Contract and each subsequent year within ten (10) working days of the anniversary date of the contracts’ award, the Contractor will perform a comprehensive inspection of all areas of the facilities covered within this Contract to determine if any pest infestations exist.

B) The Contractor will provide the Superintendent with a written inspection report summarizing the results.

of the inspection specified in 9.1, indicating the following information:

1) Facility, dates, and times of the inspection activities.

2) The location in which a pest infestation was determined to exist.

3) The type of pests identified and severity of the infestation.

4) Remedial action(s) the Contractor intends to take to eradicate the pest/infestation.

5) Schedule to perform the remedial action.

6) Recommendations(s) to minimize chances of recurrent infestations.

C) The Contractor will maintain an ongoing logbook for each building indicating any infestations that have been detected and what exterminating activities have been performed.

1) Basement areas, restrooms and food preparation/eating areas are to receive routine pesticide treatment applications once per month. All other areas (offices, etc.) are to receive treatment applications on an as-needed basis.

2) The contractor’s exterminating technician(s) shall be fully competent and qualified to perform all aspects of urban pest control and the exterminating services specified within this contract.

3) All reasonable and industry recommended pest control practices are to be followed in accordance with the National Pest Control Association’s “Good Practices Statements.”

4) All exterminating activities will be performed in accordance with all applicable

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Codes and Regulations governing the control of pests.

5) Where the method of work or manner of procedure is not specifically addressed by Codes and/or Regulations, the best standard practice of the pest control industry is to be adhered to.

6) The Contractor will exercise care to ensure no unintended surfaces are contaminated by pesticides or other chemicals during treatment applications, particularly around food stuff or food preparation areas and surfaces.

a. When requested by the State’s representative, the Contractor will report to the facilities covered within this Contract to render pest control services. (See Section 2 Response Time and Section Stinging Insects).

2.4 Pests To Be Controlled

A) Any and all insects, rodents, animals or other pests considered to be indigenous to the region and considered to be nuisance pests for which exterminating activities are typically deployed are to be included within the work specified with this Contract. Such pests include, but are not limited to the following:

1) Ants, termites, other wood destroying insects.

2) Cockroaches and similar insects

3) Gnats, flies and similar insects

4) Centipedes and similar insects

5) Spiders

6) Beetles and similar insects

7) Bees, Wasps, etc.

8) Mice / Rats

9) Stink bugs

B) Termite Management and Control: Contractor is required to maintain any existing termite stations and monitor at least four (4) times per year. During each visit, the stations will be inspected for termite activity. If activity is detected, the station will be baited, and temporary stations added to the area if needed. In addition, the inside of the facility will be monitored during these visits for termite activity. If activity is detected inside, it will be treated using appropriate methods.

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2.5 Response Time

A. When requested by the State’s representative to provide pest control services, the

Contractor will provide the services as soon as possible. Except as indicated in Section Stinging Insects, the Contractor shall provide the services within one full business day of having received the call requesting services, unless the State’s representative specifies a later subsequent time is acceptable. Should the Contractor fail to meet this response obligation, the State may, at its discretion, request and obtain the needed services from another vendor that can provide service sooner than the Contractor. Once the State’s representative has determined the Contractor will be unable to respond as required and has proceeded with securing the other vendor’s services, the Contractor will be responsible for the additional costs incurred by the State to obtain the services elsewhere.

The Contractor’s monthly invoice(s) will be reduced by the amount(s) necessary to cover the additional costs the State has incurred to obtain the necessary services.

2.6 State’s Rights to Obtain Services

A. If the State’s representative observes that the Contractor has failed to achieve satisfactory results with the services provided, the State’s representative will advise the Contractor accordingly. The Contractor will be expected to make additional efforts to provide a satisfactory level of service. Should the Contractor refuse to make additional efforts or the additional efforts still fail to produce satisfactory results, the State may, at its discretion, solicit other vendors to provide satisfactory services. Once the State’s representative has determined the Contractor’s is unable to provide satisfactory results as required and has proceeded with securing another vendor’s services. The Contractor’s monthly invoice(s) will be reduced by the amount(s) necessary to cover the additional costs the State has incurred to obtain the necessary services.

B. Should it be determined that a specific pest control need exceeds the requirements of this

Contract (for instance, services that require major demolition and restoration of surfaces, etc.) the Contractor will provide the State’s representative with a written proposal to accomplish the extra work. The State may, at its discretion, choose to have the work performed by the Contractor under a separate procurement arrangement, or the State may, at its discretion, solicit prices for the additional work from other vendors if it determines competitive soliciting is in the best interest of the State. The State’s use of any other vendor(s) to perform work outside the requirements of this Contract does not relieve the Contractor of any requirements specified herein

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2.7 Reductions for Non-Performance or Failure to Meet Standards:

The following reductions shall be used in adjusting the Contractor’s invoice when the Contractor fails to perform any task required in these specifications or performs any task below the standards as required in these specifications.

A. First occurrence - written documentation notice from the Contract Monitor to the contractor.

B. Second occurrence - written documentation and deduction of 1/60th of monthly invoice amount.

C. Third occurrence - written documentation and deduction of 1/30th of monthly invoice amount.

D. Reductions for “No Shows” may be based on the normal number of Contractor’s personnel assigned to the building multiplied by the hours normally worked by the Contractor.

E. Reductions for below standards work may be made if, after the second documented notification, the Contractor has not corrected the deficiency and State workers are assigned to perform the task. Reductions will be based on the hourly wage rate of the State employee assigned to perform the task times the hour/hours required for State workers to perform the task.

F. Reductions for non-performance may be made if the task was not done and State workers have to be assigned immediately to perform the task. Reductions will be based on the hourly wage rate of the State employee assigned to perform the task times the hour/hours required for State workers to perform the task.

G. The referenced conditions (examples) may result in Termination of Contract for Default by the Procurement Officer.

2.8 Disputes Arising from Reductions:

Should the Contractor dispute the validity of a reduction determination made by the Procurement Specialist , he may appeal the reduction to the Superintendent within seven (7) calendar days of receiving notice of the reduction.

1) The Superintendent will review the reduction and make a written determination as to its validity within seven (7) days of the receipt of the appeal from the Contractor.

2) Should the Contractor disagree with the decision of the Superintendent, the Contractor may appeal the Superintendent’s decision to the Assistant Secretary for Facilities Operations and Maintenance, Annapolis Public Buildings and Grounds, 29 St. John's Street, Annapolis, Maryland 21401 within seven (7) calendar days of the receipt of the Superintendent’s decision.

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3) The Assistant Secretary for Facilities Operations and Maintenance shall review all documentation, evidence and arguments of the Contractor and the Contract Monitor and make a written determination as to the validity of the reduction within seven (7) days of receiving the appeal from the Contractor.

The Base Bid shall be the grand total amount for the one (1) year to provide all equipment, supplies and manpower to accomplish all of the requirements outlined in these specifications and shall be calculated as follows:

$ x 12 months = $ Unit Cost Per Month Base Bid

Annual Cost for bait stations monitoring/baiting = $

Termites: $ per linear foot

A. Maryland State and local entities as defined in Finance and Procurement §13-110(a) and nonprofit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or nonprofit entities:

Shall constitute Contracts between the Contractor and that entity.

Shall not constitute purchases by the State or State agencies under the Contract.

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

B. All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a state entity.

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2.9 Background and Purpose

The State is issuing this solicitation for the purposes of providing routine commercial pest and rodent control services for the Annapolis Capital Complex and Community Place facilities.

a. These Specifications pertain to the location identified above which are managed under the authority of the Superintendent of the Annapolis Capital Complex, Department of General Services, and Agency of the State of Maryland.

b. The anticipated duration of services to be provided under this Contract is three year (1) year with one-year renewal base period with option periods:

c. Work shall be performed at the following locations

The Contractor will provide services at the thirteen (13) facilities covered under this contract.

• 100 Community Place

• Annapolis Data Center

• Annapolis Historic Post Office

• Archives Building

• Attman Glazer Building

• Central Services Building

• Community Place Childcare Center

• Community Place Maintenance Building

• Fred L. Wineland Building

• Goldstein Treasury Building

• Revenue Administration Building

• State House

• Tawes Building including Daycare (Pods B, C, D, E)

*Any facility undergoing major renovations that bar access will not require treatment until renovations are complete.

A. Project Goals

1. The contract must be available, under the Company’s direct employment and supervision, the necessary organization to properly fulfill all specifications. The Contractor shall have adequate personnel to manage on-site personnel and all tasks requires in the Scope of Work.

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B. State Staff and Roles

In addition to the Procurement Officer, the State Superintendent or Assistant Superintendent will be an active part of assisting with the necessary security and background clearances, as well approval of any additional proposals for repairs. The building manager will be the primary point of contact for day -to-day access to the facility.

C. Other State Responsibilities

1. The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified.

2. DGS will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. Any special requirements such. electrical utilities shall be identified.

3. DGS is responsible for providing required access to the facility location after the bidder has successfully secures the necessary clearances and ID. The contract will be responsible for the associated cost of securing badge /IDs.

4. DGS is not responsible for safekeeping / security of the Contractor’s equipment or materials onsite. The Contractor shall ensure that all its items are always properly secured during and after working hours.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date.

At the kickoff, the Contractor shall furnish an updated Project Schedule describing the activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s solution.

3.2 End of Contract Transition

A. The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to <<60>> days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

1. Provide additional services and support as requested to successfully complete the transition.

2. Maintain the services called for by the Contract at the required level of proficiency.

3. Provide updated System Documentation (see Appendix 1), as appropriate; and

4. Provide current operating procedures (as appropriate).

B. The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

C. The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

D. The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

1. The Contractor shall provide a draft Transition-Out Plan <<120 Business Days>> in advance of Contract end date.

The Transition-Out Plan shall address at a minimum the following areas:

1) Any staffing concerns/issues related to the closeout of the Contract.

2) Communications and reporting process between the Contractor, the Department of General Services and the Procurement Specialist.

3) Security and system access review and closeout.

4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the Department of General Services or a designee.

5) Any final training/orientation of Department of General Services staff.

6) Connectivity services provided, activities and approximate timelines required for Transition-Out.

7) Knowledge transfer, to include:

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IFB Document

a) A working knowledge of the current system environments.

b) Review with the Department of General Services the procedures and practices that support the business process and current system environments.

c) Working knowledge of all technical and functional matters associated with the solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract.

d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract.

8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

9) Any risk factors with the timing and the Transition-Out schedule and transition process.

The Contractor shall document any risk factors and suggested solutions.

The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

The Contractor shall provide copies of any current daily and weekly back-ups to the Department of General Services, or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract.

Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described.

E. Return and Maintenance of State Data

1. Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

2. During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Procurement Specialist.

3. In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by the Contractor with respect to the services.

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IFB Document

3.3 Invoicing

A. General

1. The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Procurement Officer at their respective e-mail address: within 30 days of completed work.

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

3. 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 or order.

8) State assigned eMMA Purchase Order number(s).

9) Amount due

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

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.

The Office of Facilities Management reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Office of Facilities Management 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.

Any action on the part of the Office of Facilities Management or a 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.

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.

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.

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IFB Document

3.4 Liquidated Damages

A. MBE Liquidated Damages

B. MBE Liquidated Damages

MBE liquidated damages are identified in Attachment M.

Inapplicable because there is no MBE goal for this IFB.

C. Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.5 Disaster Recovery and Data

The following requirements apply to the Contract:

Disaster Recovery and Data

The following requirements apply to the Contract:

A. Redundancy, Data Backup and Disaster Recovery

4. Unless specified otherwise in the IFB, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

5. The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1) The Contractor shall furnish a DR site.

2) The DR site shall be at least 100 miles from the primary operations site and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

6. The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

7. The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service.

Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing.

8. Such contingency and DR plans shall be available for the Department of General Services to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

Solicitation #: BPM041442

IFB Document

3.6 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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

1. Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual aggregate.

The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

2. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

3. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000.

The State of Maryland and the Department of General Services should be added as a “loss payee.”

4. Cyber Security / Data Breach Insurance – (For any service offering hosted by the Contractor) ten million dollars ($10,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

5. 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.

6. 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.

B. 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.

C. 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 cancelled 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.

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

E. 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

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IFB Document 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.

F. 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.

3.7 Security Requirements

The following requirements are applicable to the Contract:

A. Employee Identification

1. 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.

2. 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.

3. 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.

4. 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.

B. Security Clearance / Criminal Background Check

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

1. The Contractor shall obtain from each individual assigned to work on the Contract a statement permitting a criminal background check. The Office of Facilities Management will obtain a criminal background check for each individual using a source of their choosing. The Procurement Specialist reserves the right to reject any individual based upon the results of the background check.

2. Any individual based upon the results of the background check. Decisions of the Procurement Specialist as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

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

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IFB Document

C. On-Site Security Requirement(s)

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. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

b) Some State sites, especially those premises of the Department of Public Safety and Correctional Services, require each person entering the premises to document and 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 available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection.

Before leaving the site, the Contractor Personnel will again present the inventory list and the tools or equipment for inspection.