IFB PUR1-24-1048 - MTA Timber Switch Ties.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION (MDOT)

MARYLAND TRANSIT ADMINISTRATION (MTA)

INVITATION FOR BIDS (IFB)

MTA TIMBER SWITCH TIES

IFB NUMBER PUR1-24-1048

BPM040526

ISSUE DATE: OCTOBER 27, 2023

NOTICE

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

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

MDOT MTA Timber Switch Ties

Solicitation #: IFB PUR1-24-1048 IFB Document

IFB PUR1-24-1048 for Maryland Transit Administration Page ii of 44

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 for contact information).

Title: MTA Timber Switch Ties

Solicitation No: PUR1-24-1048

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

Other commitments preclude our participation at this time

The subject of the solicitation is not something we ordinarily provide

We are inexperienced in the work/commodities required

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

The scope of work is beyond our present capacity

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

We cannot be competitive (Explain in REMARKS section)

Time allotted for completion of the Bid is insufficient

Start-up time is insufficient

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

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

REMARKS section)

MBE or VSBE requirements (Explain in REMARKS section)

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

(Explain in REMARKS section)

Payment schedule too slow

Other: _____________________________________________________________________

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

REMARKS:

Vendor Name: ____________________________________________ Date: _______________________

Contact Person: ____________________________________ Phone: (____) _____ - _________________

Address: _____________________________________________________________________________

E-mail Address: _______________________________________________________________________

If you have chosen not to submit a bid on this procurement, please e-mail this completed form to:

Adam M. Hidey, ahidey@mdot.maryland.gov, 410-454-7888

Thank You mailto:ahidey@mdot.maryland.gov

IFB PUR1-24-1048 for Maryland Transit Administration Page iii of 44

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MTA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids: ONE-TIME PURCHASE – Timber Switch Ties

Solicitation Number: PUR1-24-1048

IFB Issue Date: October 27, 2023

IFB Issuing Office: Maryland Transit Administration (MTA or the "Department")

Procurement Officer: Adam M. Hidey

1331 S. Monroe Street, Baltimore, MD 21230

E-Mail:

Office Phone:

ahidey@mdot.maryland.gov

410-454-7888

Bids are to be sent to: MTA Office of Procurement, Purchasing Division

1331 S. Monroe Street, 2nd Floor

Baltimore, MD 21230

Attention: Adam M. Hidey

Ref: IFB PUR1-24-1048

Bids shall be submitted electronically via eMMA.

Pre-Bid Conference: Not required for this IFB.

Questions Due Date and Time: Not required for this IFB.

Bid Due (Closing) Date and

Time:

Friday, November 10, 2023 @ 2:00pm Local Time

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

Public Bid Opening Date, Time and Conference Call-in

Information:

Friday, November 10, 2023 @ 2:01pm Local Time

Bids will be opened electronically via eMMA.

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: ONE-TIME PURCHASE

Primary Place of

Performance:

1298 Bellona Avenue

Timonium, MD 21093

SBR Designation: No

Federal Funding: No

IFB PUR1-24-1048 for Maryland Transit Administration Page iv of 44

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

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

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

4.11 Duration of Bids

IFB PUR1-24-1048 for Maryland Transit Administration Page v of 44

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

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds

4.39 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

IFB PUR1-24-1048 for Maryland Transit Administration Page vi of 44

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 2. – Bidder Information Sheet

Appendix 3. – Terms and Conditions

Appendix 4. – Officer of the Company – Signature Guidelines for Official Documents

Appendix 5. – Specifications ......................................................................... Error! Bookmark not defined.

IFB PUR1-24-1048 for Maryland Transit Administration Page 1 of 44

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must be responsible and capable of providing the equipment as required in the Scope of Work.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB PUR1-24-1048 for Maryland Transit Administration Page 2 of 44

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Transit Administration (MTA or the "Department") is issuing this Invitation for Bids

(IFB) in order to procure the goods or services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the Maryland Transit Administration: One-time purchase for Timber Switch Ties.

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

2.1.3 The Department intends to obtain goods and/or services from a Contract between the selected

Bidder(s) and the State for the work under this IFB. See IFB Section 4.9 Award Basis for more award information.

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

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

2.2 Background and Purpose

MDOT MTA Light Rail MOW Division is seeking to replace worn and damaged switch railroad ties used at turnouts or crossovers on MTA’s Light Rail system. The ties are the primary lateral support for the rails and transfer loads to the track ballast and subgrade. Ties are considered a safety critical part of Light Rail’s systems.

2.3 Responsibilities and Tasks

2.3.1 Bidder/Contractor shall be required to provide the equipment, parts, and/or goods described below and on the Bid Form. See Attachment B-1 Bid Form for additional details.

2.3.2 Contractor will be required to provide qty (50) new timber switch railroad ties, according to specifications. Installation of the ties shall be performed by MTA.

2.3.3 Specifications

a) Dimensions – 7 inches x 9 inches x 22 feet (7” x 9” x 22’).

b) Manufactured according to Appendix 5. – Specifications.

c) Provide new materials.

2.3.4 Delivery Requirements

a) Delivery shall be made to 1298 Bellona Avenue, Timonium, MD 21093.

b) Contractor shall provide all labor, equipment, and materials necessary for the delivery of qty (50)

7” x 9” x 22’ timber switch railroad ties.

c) Contractor will be responsible for obtaining any necessary hauling permits and approvals from

Federal, State, and Local authorities.

d) The entirety of the order (ie all 50 switch ties) must be delivered within 60 calendar days of the issuance of a Purchase Order.

e) Contractor shall handle, ship, unload, and stack switch ties with special care to avoid damage.

IFB PUR1-24-1048 for Maryland Transit Administration Page 3 of 44

1) Avoid bending, scraping, or overstressing product. Protect projecting parts by blocking with wood, by providing bracing, or by other approved methods.

2) Conduct loading, transporting, unloading, and storage of products so that they are kept clean and free from damage.

f) Damaged switch ties noted during final inspection after delivery shall be replaced within 30 calendar days of Contractor being notified of damage, providing the damage is due to no fault of

MTA.

g) Any switch ties found to be non-compliant with any of the specifications shall be replaced with compliant ties within 30 calendar days of the Contractor being notified of the fault.

2.3.5 Submittals

a) Contractor’s Drawings

1) Contractor shall provide Shop Drawings showing details of the Timber Switch Ties.

2) Shop Drawings shall show the general arrangement and such details as are necessary to provide a comprehensive description of the product supplied.

3) Shop Drawings shall be on sheets measuring 22 inches by 34 inches. Each drawing shall have an area adjacent to the title block to provide space for Contractor review stamps. The title block shall display the following:

i) Number and title of the drawing.

ii) Date of drawing or revision.

iii) Name of Contractor and/or subcontractor submitting drawing.

iv) Clear identification of contents and location of work, if applicable.

4) A sequential number shall be shown on each Shop Drawing submission. Re-submittals will be followed by a revision letter (A, B, C, etc.) and handled in the same manner as first submitted.

5) Drawings and design calculations which are the responsibility of the Contractor shall bear the seal of an engineer registered in the State of Maryland.

6) Catalog cuts shall highlight the actual equipment/component proposed to be used. Generic catalog cuts will not be accepted.

b) Product Data

Contractor shall submit an electronic copy of the following information for the products to be furnished by the Contractor:

1) Timber Switch Ties.

2) Creosote application.

3) Dapping of switch ties.

c) Source of Supply

1) Contractor shall provide the source of supply of the proposed product or materials.

2) Label each product indicating:

i) Name of Contract / Contract number.

ii) Name of Contractor and Subcontractor, if applicable.

IFB PUR1-24-1048 for Maryland Transit Administration Page 4 of 44

iii) Material or product represented.

iv) Source.

d) Manufacturer’s Instructions

1) Provide manufacturers' instructions for delivery, storage, assembly, installation, adjusting, and finishing, if applicable, in quantities specified for Product Data.

2) Identify any conflicts between manufacturers' instructions and Contract Documents.

e) Certificates of Compliance / Manufacturer’s Certificates

1) At least 60 days prior to the usage of the product/materials, Contractor shall submit certificates that demonstrate proof of compliance of materials with Contract requirements with each lot of material delivered. Clearly identify the certified lot. Certificates shall be signed by an authorized representative of the producer or manufacturer and state that the material complies in all respects with the Contract requirements. In the case of multiple shipments, each shipment shall be accompanied by a certificate of compliance.

2) Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference date, affidavits, and certifications as appropriate.

3) Certificates may be recent or previous test results on Material or Product but must be acceptable to MTA.

4) Materials used on the basis of a certificate of compliance may be sampled and tested at any time. The fact that material is used on the basis of a certificate of compliance does not relieve the Contractor of responsibility for providing material which conforms to the requirements of the Contract and any such material not conforming to such requirements will be subject to rejection.

f) A Contractor's transmittal letter shall accompany each submittal. The Contractor's transmittal letter and submittal shall be consecutively numbered and shall clearly and completely describe any variation from the contract requirements.

g) Submittals not conforming to the requirements of this Specification Section shall be summarily rejected.

h) Review and acceptance by MTA does not relieve the Contractor from its responsibility for accuracy of submittals, for conformity of submittals to requirements of Contract Drawings and

Specifications, for compatibility of the described product with contiguous products and the rest of the system, or for completion of the Contract in accordance with the Contract Drawings and

Specifications.

i) MTA’s review, correction, and acceptance of submittals does not relieve the Contractor of responsibility for errors and omissions in submittals.

2.3.6 Contact Information

a) MDOT MTA

Stephen Evans

Sevans2@mdot.maryland.gov

Office: 410-454-7649 / Mobile: 410-736-1627

b) MDOT MTA

Robert Arbogast mailto:Sevans2@mdot.maryland.gov

IFB PUR1-24-1048 for Maryland Transit Administration Page 5 of 44 rarbogast@mdot.maryland.gov

Office: 410-454-7615 / Mobile: 443-694-5144

c) MDOT MTA

Avraham Feldman

Afeldman1@mdot.maryland.gov mailto:rarbogast@mdot.maryland.gov mailto:Afeldman1@mdot.maryland.gov

IFB PUR1-24-1048 for Maryland Transit Administration Page 6 of 44

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.2 End of Contract Transition

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.3 Invoicing

3.3.1 General

a) Contractor shall e-mail the original of each invoice and signed authorization to invoice to MTA

Accounts Payable at email address MTAAccountsPayable@mta.maryland.gov.

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

8) State assigned (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

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

d) The Department reserves the right to reduce or withhold Contract payment in the event Contractor does not provide the Department with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as

Contractor brings itself into full compliance with the Contract.

e) Any action on the part of the Department, or dispute of action by 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.

f) The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

g) Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In mailto:MTAAccountsPayable@mta.maryland.gov

IFB PUR1-24-1048 for Maryland Transit Administration Page 7 of 44 no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.2 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-1 –Bid Form) those items shall be billed in the month following the acceptance of the work by the Department.

3.3.3 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 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) 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 Liquidated Damages

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.5 Disaster Recovery and Data

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Insurance Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.7 Security Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.8 Problem Escalation Procedure

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.9 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

3.10 Minority Business Enterprise (MBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.11 Veteran Small Business Enterprise (VSBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

IFB PUR1-24-1048 for Maryland Transit Administration Page 8 of 44

3.12 Work Orders

3.13 Additional Clauses

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

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.”

Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB PUR1-24-1048 for Maryland Transit Administration Page 9 of 44

4 Procurement Instructions

4.1 Pre-Bid Conference

THIS SECTION IS INAPPLICABLE TO THIS IFB.

4.2 eMaryland Marketplace Advantage (eMMA)

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

4.2.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.3 Questions

4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (PUR1-24-1048 Track Switch Ties), and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid due date. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

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

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

4.4 Procurement Method

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

21.05.02.

4.5 Bid Due (Closing) Date and Time

4.5.1 Bids, in the number and form set forth in Section 5 Bid Format, must be received by the

Procurement Officer no later than the Bid due date and time indicated on the Key Information

Summary Sheet in order to be considered.

4.5.2 Requests for extension of this date or time shall be granted at the Procurement Officer’s discretion.

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

Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

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

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

4.5.6 Potential Bidders not responding to this solicitation are requested to submit the “No Bid

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

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

IFB PUR1-24-1048 for Maryland Transit Administration Page 10 of 44

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids

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

4.7.2 Bids shall be opened publicly, at the time, date and place designated in the IFB Key Information

Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors).

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

4.8 Confidentiality of Bids / Public Information Act Notice

4.8.1 The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public

Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

4.8.2 The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

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

Attorney General.

4.9 Award Basis

4.9.1 A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR 21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items.

Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. See IFB

Section 6 for Bid evaluation and award information.

4.9.2 Award of this contract will not be final and complete until after: (1) Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the

Procurement Officer; and (2) the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

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4.11 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.12 Revisions to the IFB

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

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

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

4.13 Cancellations

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

4.13.2 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR

21.01.03.01.A(4).

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

207(b)(2).

4.14 Incurred Expenses

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

4.15 Protest/Disputes

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

COMAR 21.10 (Administrative and Civil Remedies).

4.16 Bidder Responsibilities

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

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

Section 4.26 “MBE Participation Goal” and Section 4.27 “VSBE Goal”).

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4.16.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.16.4 A parental guarantee of the performance of the Bidder under this Section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the

Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.17 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Attachment M, and, if there is a Purchase Order instead of a Contract, the Purchase Order Terms and Conditions. Any exceptions to this IFB or the Contract/Purchase Order Terms and Conditions must be raised prior to Bid submission.

Changes to the solicitation, including changes to the Bid Form or Contract/Purchase Order Terms and

Conditions, made by the Bidder may result in Bid rejection.

4.18 Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment C of this IFB.

4.19 Contract Affidavit

THIS SECTION IS INAPPLICABLE TO THIS IFB.

4.20 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.21 Verification of Registration and Tax Payment

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

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

Street, Baltimore, Maryland 21201.

For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise successful

Bidder from final consideration and recommendation for Contract award.

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4.22 False Statements

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

4.22.1 In connection with a procurement contract a person may not willfully:

b) Falsify, conceal, or suppress a material fact by any scheme or device.

c) Make a false or fraudulent statement or representation of a material fact.

d) Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

4.22.2 A person may not aid or conspire with another person to commit an act under Section 4.22.1.

4.22.3 A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.23 Payments by Electronic Funds Transfer

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

4.23.1 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.

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

X-10 form may be downloaded from the Comptroller’s website at:

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

DX10Form20150615.pdf.

4.24 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 Attachment M).

Additional information is available on GOSBA’s website at:

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

4.25 Electronic Procurements Authorized

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

Electronic Transactions Act, Commercial Law Article, Title 21.

4.25.2 Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder to conduct by electronic means all elements

IFB PUR1-24-1048 for Maryland Transit Administration Page 14 of 44 of the procurement of that Contract which are specifically authorized under the solicitation or

Contract. In the case of electronic transactions authorized by this IFB, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures.

4.25.3 “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.

4.25.4 In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., IFB § 4.23 describing payments by Electronic Funds Transfer), the following transactions are authorized to be conducted by electronic means on the terms as authorized in

COMAR 21.03.05:

The Procurement Officer may conduct the procurement using eMMA or e-mail to issue:

a) The IFB;

b) Any amendments;

c) Pre-Bid conference documents;

d) Questions and responses;

e) Communications regarding the solicitation or Bid to any Bidder or potential Bidder;

f) Notices of award selection or non-selection; and

g) The Procurement Officer’s decision on any Bid protest or Contract claim.

The Bidder or potential Bidder may use eMMA or e-mail to:

a) Ask questions regarding the solicitation;

b) Reply to any material received from the Procurement Officer by electronic means that includes a

Procurement Officer’s request or direction to reply by e-mail or through eMMA, but only on the terms specifically approved and directed by the Procurement Officer and;

c) Submit a "No Bid Notice/Vendor Feedback Form" to the IFB.

The Bidder or potential Bidder may also use eMMA for the submission of Bids. However, Bids submitted by e-mail will not be accepted.

The Procurement Officer, the Contract Monitor, and Contractor may conduct day-to-day Contract administration, except as outlined in Section 4.25.3 of this subsection, utilizing e-mail, or other electronic means if authorized by the Procurement Officer or Contract Monitor.

4.25.5 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 Bids, except through eMMA;

b) Filing of bid protests;

c) Filing of Contract claims;

d) Submission of documents determined by the Department to require original signatures (e.g., Contract execution, Contract modifications); or https://procurement.maryland.gov/

IFB PUR1-24-1048 for Maryland Transit Administration Page 15 of 44

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

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

Contract Monitor.

4.26 MBE Participation Goal

There is no MBE subcontractor participation goal for this procurement.

4.27 VSBE Participation Goal

There is no VSBE participation goal for this procurement.

4.28 Living Wage Requirements

There is no Living Wage requirement for this procurement.

4.29 Federal Funding Acknowledgement

This Contract does not contain federal funds.

4.30 Conflict of Interest Affidavit and Disclosure

A Conflict of Interest Affidavit and Disclosure is not required for this procurement.

4.31 Non-Disclosure Agreement

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

4.32 HIPAA - Business Associate Agreement

A HIPAA Business Associate Agreement is not required for this procurement.

4.33 Nonvisual Access

This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access.

4.34 Mercury and Products That Contain Mercury

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

4.35 Location of the Performance of Services Disclosure

This solicitation does not require a Location of the Performance of Services Disclosure.

4.36 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

4.37 Small Business Reserve (SBR) Procurement

This solicitation is not designated as a Small Business Reserve (SBR) Procurement.

IFB PUR1-24-1048 for Maryland Transit Administration Page 16 of 44

4.38 Bonds

4.39 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All offerors 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 web site for Maryland Healthy Working Families Act

Information: http://dllr.maryland.gov/paidleave/.

http://dllr.maryland.gov/paidleave/

IFB PUR1-24-1048 for Maryland Transit Administration Page 17 of 44

5 Bid Format

5.1 One Part Submission

Each Bidder shall submit its Bid with all Required Bid Submissions (see IFB Section 5.4) in a single sealed package.

5.2 Labeling

Each Bidder is required to label the sealed Bid with the IFB title and number, name and address of the

Bidder, and closing date and time for receipt of the Bids.

5.3 Bid Price Form

The Bid shall contain all price information in the format specified on the Bid Form. The Bidder shall complete the Bid Form only as provided in the Bid Pricing Instructions and the Bid Form. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form. Failure to adhere to any of these instructions may result in the

Bid being determined to be non-responsive and rejected by the Department.

5.4 Required Bid Submission

A Bidder shall include the following with its Bid:

5.4.1 Transmittal Letter

A Transmittal Letter shall accompany the Bid. The purpose of this letter is to transmit the Bid, acknowledge the receipt of any addenda, and acknowledge the acceptance of all State IFB and Contract terms and conditions (see Section 4.17 and Appendix 3). The Transmittal Letter should be brief and signed by an individual who is authorized to commit the Bidder to the goods/services and requirements as stated in this

IFB. The Transmittal Letter should include the following:

a) Name and address of the Bidder;

b) Name, title, e-mail address, and telephone number of primary contact for the Bidder;

c) Solicitation Title and Solicitation Number that the Bid is in response to;

d) Signature, typed name, and title of an individual authorized to commit the Bidder to its Bid;

e) Federal Employer Identification Number (FEIN) of the Bidder, or if a single individual, that individual’s Social Security Number (SSN);

f) Bidder’s eMMA number;

g) Bidder’s MBE certification number (if applicable);

h) Acceptance of all State IFB and Contract terms and conditions (see Section 1.24); and

i) Acknowledgement of all addenda to this IFB.

5.4.2 Bidder Information Sheet (see Appendix 2)

5.4.3 Acknowledgement of all addenda to this IFB

5.4.4 Minimum Qualifications Documentation

The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in

IFB Section 1. If references are required in IFB Section 1, those references shall be submitted in this section and shall contain the information described in both Section 1 and Section 5, if applicable.

IFB PUR1-24-1048 for Maryland Transit Administration Page 18 of 44

5.4.5 Completed Required Attachments

Submit one (1) copy of each with original signatures:

a) Completed Bid Form (Attachment B-1).

b) Completed Bid Affidavit (Attachment C).

THE BID FORM AND BID AFFIDAVIT BOTH NEED TO BE SIGNED BY AN OFFICER OF THE

COMPANY AND DATED WITH THE SAME DATE.

5.4.6 Additional Documents *If Required

Submit one (1) copy of each with original signatures, if required. *See appropriate IFB section to determine whether the document is required for this procurement.

a) A Signed Statement from the Bidder’s Parent Organization Guaranteeing Performance of the

Bidder. *See IFB section 4.16.

b) Completed MDOT Certified MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A).

*See IFB section 4.26.

c) Completed Federal Funds Attachment (Attachment G). *See IFB section 4.29.

d) Completed Conflict of Interest Affidavit and Disclosure (Attachment H). *See IFB section 4.30.

e) Completed Mercury Affidavit (Attachment K). *See IFB section 4.34.

f) Completed Veteran-Owned Small Business Enterprise (VSBE) Utilization Affidavit and

Prime/Subcontractor Participation Schedule (Attachment E-1). *See IFB section 4.27.

g) Completed Location of the Performance of Services Disclosure (Attachment L). *See IFB section

4.35.

5.5 Delivery

5.5.1 Bids shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

Bidders may not mail or hand-deliver Bids.

5.5.2 Bidders shall provide their Bids in one envelope through eMMA following the Quick Reference

Guides (QRG) labelled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

5.5.3 Hard copy Bid submissions will not be accepted.

5.6 Documents Required upon Notice of Recommendation for Contract Award https://procurement.maryland.gov/emma-qrgs/ https://procurement.maryland.gov/emma-qrgs/

IFB PUR1-24-1048 for Maryland Transit Administration Page 19 of 44

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.02.13. All responsible

Bidders will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Bid Price as submitted on the Attachment B-1 - Bid Form.

6.2 Reciprocal Preference

6.2.1 Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

a) The Maryland resident business is a responsible Bidder;

b) The lowest responsive Bid is from a responsible Bidder whose principal office, or principal base of operations is in another state;

c) The other state gives a preference to its resident businesses through law, policy, or practice; and

d) The preference does not conflict with a federal law or grant affecting the procurement Contract.

6.2.2 The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

6.3 Award Determination

Award will be made to the responsible Bidder who submits to the State a responsive Bid that has the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for providing the goods as specified in this IFB. The most favorable Total Bid Price will be the lowest price for a ONE-TIME PURCHASE, on

Attachment B-1 Bid Form.

6.4 Documents Required upon Notice of Recommendation for Contract Award

Upon receipt of a Notification of Recommendation for Contract award, the apparent awardee shall complete and furnish the documents and attestations as directed in Table 1 of Section 7 – IFB Attachments and

Appendices, unless those documents are required or recommended to be submitted at the time of bid submission.

IFB PUR1-24-1048 for Maryland Transit Administration Page 20 of 44

7 IFB ATTACHMENTS AND APPENDICES

Instructions Page

A Bid submitted by the Bidder must be accompanied by the completed forms and/or affidavits identified as “with Bid” in the “When to Submit” column in Table 1 below. All forms and affidavits applicable to this

IFB, including any applicable instructions and/or terms, are identified in the “Applies” and “Label” columns in Table 1.

For documents required as part of the Bid:

Submit one (1) copy of each with original signatures. All signatures must be clearly visible.

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete certain forms and affidavits after notification of recommended award. The list of forms and affidavits that must be provided is described in Table 1 below in the “When to Submit” column.

For documents required after award, submit one (1) copy of each document within the appropriate number of days after notification of recommended award, as listed in Table 1 below in the “When to Submit” column.

Table 1: IFB ATTACHMENTS AND APPENDICES

A p p li es

When to Submit

L a b el

Attachment Name

N Before Bid A Pre-Bid Conference Response Form

Y With Bid B-1 Bid Instructions and Form

Y With Bid C

Bid/Proposal Affidavit (see link at http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentC-

Bid_Proposal-Affidavit.pdf)

N With Bid

D

MBE Forms D-1A (see link at https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE-

Forms-1.pdf)

IMPORTANT: If this IFB contains different

Functional Areas or Service Categories. A separate

Attachment D-1A is to be submitted for each Functional

Area or Service Category where there is a MBE goal.

N 10 Business Days after recommended award D

MBE Forms D-1B, D-1C,D-2, D-3A, D-3B (see link at…