IFB_R00B5600100_Vehicle_Modification_CS_25-02_Final_4.10.25.pdf

Vehicle Equipment Adaptation Prescription and Agreement Solicitation #: FY25-DORS-028 / R00B5600100 IFB Document

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STATE OF MARYLAND

MARYLAND STATE DEPARTMENT OF EDUCATION

DIVISION OF REHABILITATION SERVICES

(MSDE/DORS)

INVITATION FOR BIDS (IFB)

VEHICLE EQUIPMENT ADAPTATION PRESCRIPTION AND

AGREEMENT

IFB NUMBER R00B5600100

ISSUE DATE: APRIL 10, 2025

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

NOTICE TO BIDDERS

SMALL BUSINESS 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. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids: Services, Vehicle Equipment Adaptation Prescription and Agreement

Solicitation Number: R00B5600100

IFB Issue Date: April 10, 2025

IFB Issuing Office: Maryland State Department of Education Division of Rehabilitation Services

(MSDE/DORS)

Procurement Officer: Adrain Pulliam-Smith Maryland State Department of Education 200 West Baltimore Street Baltimore, Maryland 21201

Email:

Phone Number:

adrain.pulliam-smith@maryland.gov

(410) 767-5811

Bids are to be sent to: Submit bids on emma.maryland.gov under Solicitation Number R00B5600100.

For instructions on how to submit bids electronically, see Section 4.20.

To submit a bid, bidders must first register on emma.maryland.gov. See Section

4.1 for more information. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form:

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid Conference: A pre-bid meeting for this solicitation is not required

Scheduled Site Visit Not Applicable for this solicitation

Questions Due Date and Time: April 21, 2025 at 10:00 a.m. Local Time

Bid Due (Closing) Date and Time:

May 1, 2025 at 10:00 a.m. Local Time

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

Bid Opening Date & Time: May 1, 2025 at 10:00 a.m. Local Time

MBE OR DBE

Subcontracting Goal: Not Applicable for this Solicitation https://emma.maryland.gov/

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VSBE Subcontracting Goal: Not Applicable for this Solicitation

Procurement Method:

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

Multiple or Alternate Bids: Multiple or alternate Bids will not be accepted.

Contract Type: Firm Fixed Price

Contract Duration: One (1) year base period.

Primary Place of Performance:

Maryland State Department of Education Division of Rehabilitation Services 2301 Argonne Drive, Baltimore, Maryland 21218

SBR Designation: Yes

Federal Funding: Yes

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

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4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

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

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

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

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

Appendix 1. Abbreviations and Definitions

Exhibit 2. Sample Contract

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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:

1.1.1 The Bidder shall be certified by the National Mobility Equipment Dealer’s Association (NMEDA) Quality Assurance Program (QAP).

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid a copy of a current certificate from the NMEDA QAP evidencing their qualification.

1.1.2 The Bidder shall have three (3) years of experience providing vehicle modifications within the last five (5) years.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid three (3) references, evidencing three (3) years of experience within the past five years that collectively are able to attest to the Bidder’s ability to provide vehicle modifications. The references should be submitted using Attachment L - Reference Checks.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure goods or services as specified in Section 2 from a contract between the successful bidder and the State of Maryland (“State”). The Maryland State Department of Education, Division of Rehabilitation Services (“MSDE, DORS” or the "Department") is seeking a vendor to provide a vehicle modification for a DORS consumer by furnishing and installing all adaptive equipment necessary to assist the individual with functional limitations due to disabilities.

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

2.1.3 This is a single award IFB. See Section 4.21 - Bid Evaluation Criteria and Award Basis for more Contract award information.

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

2.2 Background and Purpose

The Department is required to meet Federal Motor Vehicle standards and comply with the National Highway Transportation Safety Administration and the American Disabilities Act (ADA) to complete modifications and conversions as specified on the Division's Vehicle Equipment Adaptation Prescription Agreement (VEAPA), which is attached electronically to this solicitation as an Excel Workbook (Attachment B - CS 25-02 VEAPA Specifications and Bid Form). DORS will require the modification of a 2024 Chrysler Pacifica FWD.

2.3 Contractor Responsibilities and Tasks

Please see Attachment B - CS 25-02 VEAPA Specifications and Bid Form, which contains important information about the consumer as well as the vehicle and must be used in conjunction with the VEAPA to develop your bid. The VEAPA sets forth requirements related to the scope of work, including work quality expectations, invoicing, and communications. The following documents and pricing sheets are included in Attachment B.

Spreadsheet/Tab Document

Workbook&Bid Form Instructions VEAPA Workbook and Bid Form Instructions

Work Quality Expectations DORS Vehicle Modification Work Quality Expectations

MED Communication Expectation Mobility Equipment Dealer (MED) Communication Responsibilities

Invoicing & Portal Information DORS Invoice and Report Portal Information

VEAPA Consumer-Vehicle Info VEAPA Consumer and Vehicle Information Worksheet

Securement-Restraint Sys Wrksht VEAPA-Wheelchair/Consumer Restraint System Specifications/Prescription Worksheet and Price Form

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Spreadsheet/Tab Document

Primary Driving Controls Wrksht VEAPA-Primary Driving Controls Specifications/Prescription Worksheet and Price Form

Secondary Controls Worksheet VEAPA-Secondary Controls Specifications/Prescription Worksheet and Price Form

Transportation &Additional Mods VEAPA-Transport of Consumer and Vehicle and Additional Miscellaneous Modifications and Charges Worksheet and Price Form

Minivan Conversion Worksheet VEAPA-Minivan Conversion Specs Worksheet and Price Form

Wheelchair-Scooter Worksheet Wheelchair (W/C)/Scooter Specifications Worksheet

Bid Form & Signatures VEAPA - Bid Form and Signatures

2.3.1 State Staff and Roles

A. State Project Manager

The State Project Manager is responsible for providing reasonable contract monitoring and consumer updates on vehicle modification progress throughout the project. The State Project Manager will also provide reasonable updates to the DORS consumer and counselor on vehicle modification progress.

B. Other State Furnished Roles

1. These individuals are charged with ensuring drivers with disabilities or special needs, are safe behind the wheel of their vehicles. Even more importantly, they help these drivers feel secure and confident when driving their newly modified vehicles.

2. Evaluates abilities: Driving Rehabilitation Specialist (DRS) assesses a person's physical, visual, cognitive, and mental abilities to drive. They also perform on-road evaluations in a vehicle with specialized adaptative driving equipment to ensure they can drive safely utilizing the equipment.

3. Recommends equipment: DRS determines which mobility equipment is best for a person's needs. This can include hand controls, left foot pedals, pedal extensions, special mirrors, electronic gas/break and steering, and more.

4. Provides training: DRS teaches people how to use adaptive equipment and modify their driving habits.

5. Helps with transportation: DRS can help people transition to other modes of transportation if needed.

6. Helps with confidence: DRS helps drivers feel confident and secure behind the wheel.

2.3.2 Other State Responsibilities

A. The State shall provide normal office hours Monday – Friday, 8:00 a.m. – 5:00 p.m. for DORS consumers and counselors to perform their driving rehabilitation and vehicle modification services.

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B. The State shall provide (clinical and Behind-the-Wheel (BTW)) assessments, adapted driving equipment training, driver education, and licensing services to ensure proficiency of a motor vehicle and adapted driving equipment

C. The State shall provide funding for vehicle modifications, per DRS equipment prescription when approved per DORS Driving Rehabilitation and Vehicle Modification Policy and Procedures (RSM 2, Section 1600).

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

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

3.2 End of Contract Transition

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

Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

3.3.1 The Contractor shall submit ONLY one consumer invoice and report at a time. You may find the

Portal by clicking on this link: https://www.surveygizmo.com/s3/5681670/DORS-Invoice- Reports-Portal-062520.

3.3.2 Detailed instructions for submitting invoices are included in Attachment B on the Invoicing & Portal Information spreadsheet/tab.

3.3.3 Important Portal Information: Even though the DORS Field Counselor and their office location are on the Authorization, it is of utmost importance to enter "Pam Post" in the "Name of DORS Counselor" field in the Portal and the "Workforce and Technology Center" on the "DORS Office Location" drop-down list in the Portal.

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

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

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

I. Goods or services provided;

J. Amount due; and

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

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

https://www.surveygizmo.com/s3/5681670/DORS-Invoice-Reports-Portal-062520 https://www.surveygizmo.com/s3/5681670/DORS-Invoice-Reports-Portal-062520

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

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

3.3.9 Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract.

In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.10 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), those items shall be billed in the month following the acceptance of the work by the State.

B. For Items of work for which there is annual pricing (see Attachment B), those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services or

C. Invoices for work performed on a labor hour or time and materials basis shall submit partial invoices after purchasing or putting down payments on equipment that costs over $5,000.00.

Vendors must submit the “paid” receipt from the manufacturer in order for the invoice to be processed and paid.

D. Final invoice may be submitted upon delivery of the modified vehicle to the consumer.

Invoices need to be itemized to include manufacturer & serial number of all equipment installed in the DORS consumer’s vehicle along with the cost to DORS.

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

3.3.11 Deliverable Invoicing

This section is inapplicable to this IFB.

3.3.12 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of

IFB for Maryland State Department of Education Page 11 of 46 the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information

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

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

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

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

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

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

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

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

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

3.5 Work Orders

This section is inapplicable to this IFB.

3.6 Payments by Electronic Funds Transfer

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

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

The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

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

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files /GADX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all

IFB for Maryland State Department of Education Page 12 of 46 subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

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

3.8 Federal Funding Acknowledgement

3.8.1 There are programmatic conditions that apply to the Contract due to federal funding (see

Attachment H).

3.8.2 The total amount of federal funds allocated for the Division of Rehabilitation Services is

$52,075,529 in Maryland State fiscal year 2025. This represents 76.1% of all funds budgeted for the unit in that fiscal year. This does not necessarily represent the amount of funding available for any particular grant, contract, or solicitation.

3.8.3 The Contract contains federal funds. The source of these federal funds is: Rehabilitation Act of 1973, as amended: Rehabilitation Services. The CFDA number is: 84.126A. The conditions that apply to all federal funds awarded by the State are contained in Federal Funds Attachment H.

Any additional conditions that apply to this particular federally-funded contract are contained as supplements to Federal Funds Attachment H and Bidders are to complete and submit these Attachments with their Bids as instructed in the Attachments. By completing and submitting Attachment H, the Bidder agrees to comply Acceptance of this agreement indicates the Bidder’s intent to comply with all federal funding conditions, (which are part of the Contract).

3.9 Conflict of Interest Affidavit and Disclosure

3.9.1 The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure

(Attachment I) and submit it with its Bid.

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

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

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

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

3.10 Non-Disclosure Agreement

This section is inapplicable to this IFB.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of

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Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

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

3.13 Insurance Requirements

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

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

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

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

C. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of one million dollars ($1,000,000) per loss, and a minimum single loss retention not to exceed ten thousand dollars ($10,000), with the State of Maryland listed as a “loss payee.”

D. 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.

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

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

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

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

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

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

3.13.7 Subcontractor Insurance

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

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

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

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

4.2 Electronic Means

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

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

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

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

4.2.3 “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.

4.3 Pre-Bid Conference

A pre-bid conference is not required for this solicitation.

4.4 Questions

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

4.4.2 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.

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

4.5 Bid Due (Closing) Date and Time

4.5.1 Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

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

4.5.2 Bids will not be accepted via email. See Section 4.20 for instructions to submit Bids.

4.5.3 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.

4.5.4 Potential Bidders not responding to this solicitation are requested to submit the No Bid/Proposal

Notice/Vendor Feedback Form (Attachment 1), which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Receipt, Opening and Recording of Bids

4.6.1 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 the Bid opening, the State may not disclose the identity of any Bidder.

4.6.2 Bids will not be opened publicly.

4.7 Duration of Bids

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

4.8 Revisions to the IFB

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

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

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

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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

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

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

IFB for Maryland State Department of Education Page 17 of 46

4.10 Incurred Expenses

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

4.11 Protest/Disputes

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

4.12 Bidder Responsibilities

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

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

4.12.3 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

4.14.1 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.

4.14.2 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.

IFB for Maryland State Department of Education Page 18 of 46

4.15 Verification of Registration and Tax Payment

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

Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

4.15.2 It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise responsive successful Bidder from final consideration and recommendation for Contract award.

4.16 False Statements

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

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

A. Falsify, conceal, or suppress a material fact by any scheme or device;

B. Make a false or fraudulent statement or representation of a material fact; or

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

4.16.3 A person may not aid or conspire with another person to commit an act under this section.

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

4.17 Confidentiality of Bids / Public Information Act Notice

4.17.1 The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

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

4.17.3 For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.18 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as bid submission.

https://egov.maryland.gov/BusinessExpress/

IFB for Maryland State Department of Education Page 19 of 46

4.19 Attachments and Documents Required with the Bid (Table A) A Bidder shall include the following Attachments with its Bid as a single Bid Package:

Attachments A through E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments F through R = Bid may be rejected if the required Attachment is not submitted or is incomplete.

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf

B

CS 25-02 VEAPA Specifications and Bid Form – Vehicle Equipment Adaptation Prescription Agreement (VEAPA) Consumer & Vehicle Worksheet

Do not alter this Form or the Bid may be determined to be not responsive. The Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

(See Attachment B for specific Instructions.)

C Not Applicable

D Not Applicable

E Not Applicable

F

Bidder Information Sheet https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information- Sheet.pdf

G Not Applicable

H Federal Funds Attachments https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-H.-Federal-Funds-Attachment.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-H.-Federal-Funds-Attachment.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-H.-Federal-Funds-Attachment.pdf

IFB for Maryland State Department of Education Page 20 of 46

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

I

Conflict of Interest Affidavit and Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-

Affidavit.pdf Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

J Not Applicable

K

Location of the Performance of Services Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-K.-Location-of-the-Performance-of-Services-Disclosure.pdf

L

Reference Checks

(Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past five years) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

M

List of Current or Prior State Contracts https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-

State-Contracts.pdf

N Not Applicable

O Not Applicable

P Not Applicable

Q Not Applicable

R Not Applicable

Additional Required Documents with the Bid https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-K.-Location-of-the-Performance-of-Services-Disclosure.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-K.-Location-of-the-Performance-of-Services-Disclosure.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-K.-Location-of-the-Performance-of-Services-Disclosure.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf

IFB for Maryland State Department of Education Page 21 of 46

Financial Capability. The Bidder must include in its Bid a commonly-accepted method to prove its fiscal integrity.

If available, the Bidder shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred).

In addition, the Bidder may supplement its response to this Section by including one or more of the following with its response:

● Dun & Bradstreet Number and Rating;

● Standard and Poor’s Rating;

● Lines of credit;

● Evidence of a successful financial track record; and

● Evidence of adequate working capital.

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 included in Attachment L - Reference Checks.

Acknowledgement of all addenda to this IFB.

4.20 Bid Delivery Instructions

4.20.1 Each Bidder shall submit its Bid Package as specified below.

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

4.20.3 Bidders shall provide their Bids in one submission through eMMA following the Responding to

Solicitations - IFB (Vendor) on the eMMA Vendor Guides & Training website.

4.21 Bid Evaluation Criteria and Award Basis

4.21.1 The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.02.13. All Bids will be ranked from the lowest (most favorable) to the highest (least favorable) price based on the Total Bid Price as submitted in its Bid.

4.21.2 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 for providing the goods and services as specified in this IFB.

4.21.3 The award for this solicitation will be made to the responsive and responsible Vendor with the lowest price, as determined by the Procurement Officer to be in the best interests of the State of Maryland.

4.21.4 Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Maryland State Department of Education Division of Rehabilitation Services following any approvals of the Contract required by law or regulation.

https://mdprocurement.freshdesk.com/support/solutions/articles/70000592965-responding-to-solicitations-ifb-vendor-https://mdprocurement.freshdesk.com/support/solutions/articles/70000592965-responding-to-solicitations-ifb-vendor-

IFB for Maryland State Department of Education Page 22 of 46

4.22 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.23 Reciprocal Preference

4.23.1 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 Federal law or grant affecting the procurement Contract.

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

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B) Upon receipt of a notification of recommendation for contract award, along with submitting the signed Contract (see Exhibit 2 - Sample Contract), the following documents shall be completed…