IFB - V-EAS-22060-C Roof Replacement MDOT MVA Easton.pdf

MARYLAND DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION (MDOT MVA)

INVITATION FOR BIDS (IFB)

MDOT MVA EASTON BRANCH ROOF REPLACEMENT

SOLICITATION NO.: V-EAS-22060-C

ISSUE DATE: JULY 11, 2022

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and

Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the

Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve

Program are eligible for award of a contract.

NOTICE

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

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

MDOT MVA Easton Branch Roof Replacement

Solicitation #: V-EAS-22060-C IFB Document

MARYLAND MOTOR VEHICLE ADMINISTRATION Page ii of 68

NO BID NOTICE/VENDOR FEEDBACK FORM

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

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key

Information Summary Sheet below for contact information).

Title: MDOT MVA Easton Branch Roof Replacement

Solicitation No: V-EAS-22060-C

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

Other commitments preclude our participation at this time

The subject of the solicitation is not something we ordinarily provide

We are inexperienced in the work/commodities required

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

The scope of work is beyond our present capacity

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

We cannot be competitive. (Explain in REMARKS section)

Time allotted for completion of the Bid is insufficient

Start-up time is insufficient

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

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

REMARKS section)

MBE or VSBE requirements (Explain in REMARKS section)

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

(Explain in REMARKS section)

Payment schedule too slow

Other: __________________________________________________________________

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

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

MARYLAND MOTOR VEHICLE ADMINISTRATION Page iii of 68

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION (MDOT MVA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Construction for MDOT MVA Easton Branch Roof Replacement

Solicitation Number: V-EAS-22060-C

IFB Issue Date: Monday, July 11, 2022

IFB Issuing Office: Maryland Department of Transportation Motor Vehicle

Administration (MDOT MVA)

Procurement Officer: Kelli Gower

Motor Vehicle Administration e-mail:

Phone:

6601 Ritchie Highway, NE, Room 223

Glen Burnie, Maryland 21062 kgower@mdot.maryland.gov

443-474-7764

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

Pre-Bid Conference: Tuesday, July 19, 2022, at 10:00 a.m. Local Time

MDOT MVA Easton Branch

9148 Centreville Road

Easton, MD 21601

Mandatory Site-Visit: Immediately following the Pre-Bid Conference

NOTE: THIS SITE VISIT IS MANDATORY

Questions Due Date and Time Friday, July 22, 2022, at 10:00 a.m. Local Time

Bid Due (Closing) Date and

Time:

Friday, August 5, 2022, at 2:00 p.m. Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made.

MBE Subcontracting Goal: 15%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: 120 Business Days from Notice-to-Proceed (NTP)

Primary Place of

Performance:

MDOT MVA Easton Branch

9148 Centerville Road, Easton, MD 21601

SBR Designation: Yes

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

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 General Information

1.2 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Detailed Specifications

2.4 Hours of Operations

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 Contract Initiation Requirements

3.3 Security Requirements

3.4 Liquidated Damages

3.5 Insurance Requirements

3.6 Minority Business Enterprise (MBE) Reports

4 Procurement Instructions

4.1 Pre-Bid Conference and Mandatory Site Visit

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

5 Bid Submission

5.1 One Part Submission

5.2 Bid Price Form

5.3 Documents Required with Bid Submission

6 Bid Evaluation and Award

7 IFB ATTACHMENTS AND APPENDICES

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Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Form

Attachment C. Bid/Proposal Affidavit

Attachment D. MBE Forms

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment P. Bidder Information Sheet

Attachment Q. Firm Experience Form

Attachment R. Payment of Employee Health Care Expenses Certification

Attachment S. Small Business Contract Affidavit

Appendix 1. General Conditions for Construction Projects

Appendix 2. Environmental Handbook and Acceptance of Environmental Handbook

Appendix 4. Prevailing Wage Rates

Appendix 6. Bid Bond

Appendix 7. Performance Bond

Appendix 8. Payment Bond

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1 Minimum Qualifications

1.1 General Information

1.1.1 Bidder shall be able to perform all requirements described in this IFB according to the Maryland

Building Performance Standards (MBPS), requirements set forth by the AHJ, and other relevant code requirements, including any County or local Codes and Ordinances.

1.1.2 Selected Contractor shall warrant that its work shall be of professional quality and performed consistent with the contract specifications and other documents.

1.1.4 Any bidder who does not qualify to bid this work as specified in this Section or who fails to submit his or her references as a requirement of this IFB, or whose references cannot be verified may be deemed non- responsive and bid may be rejected.

1.1.5 Daily cleaning, the project site shall be cleaned daily.

1.2 Bidder Minimum Qualifications

Any Bidder who does not qualify to bid this work as specified in this Section or who fails to submit his or her references as a requirement of this IFB, or whose references cannot be verified may be deemed non-responsive and bid may be rejected. The Bidder must provide proof with its Bid that the following

Minimum Qualifications have been met:

1. The Bidder shall have a minimum of five (5) consecutive years of its entity being formed and in commercial roofing comparable in size, type, scope, and complexity as required in this

IFB. Experience of individual personnel in the Company shall not count towards meeting this requirement.

As proof of meeting this requirement, the Bidder shall provide with its Bid, a Firm

Experience Form (Attachment Q) for three (3) references from companies or organizations for which the Bidder provided services in size, type, scope, and complexity comparable to those specified in the Scope of Work. Each reference shall be from a client for whom the

Bidder has provided services for in the past five (5) years.

2. The Contractor must be GAF Certified Roofing Contractor.

As proof of this qualification the Bidder must provide a copy of their GAF Certification.

3. The contractor must have a valid Maryland Contractor’s License.

As proof of this qualification the Bidder must provide a copy of their Maryland Contractor’s license.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) is issuing this Invitation for Bids (IFB) for the replacement of the existing roof at the MDOT MVA

Easton Branch located at 9148 Centreville Road, Easton, MD 21601, as specified in this IFB.

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 The MDOT MVA intends to make a single award for the work under this IFB.

2.1.4 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.

2.2 Background and Purpose

2.2.1 Background

The MDOT MVA plays a vital role in ensuring mobility for Maryland residents and road users.

Maryland lies in a central location along the Eastern seaboard and its transportation network is critical to linking the regional and national economies. As one of the five (5) Transportation

Business Units (TBU) under the Maryland Department of Transportation (MDOT), the MDOT

MVA with a staff of 1,600+ employees, is responsible for the following tasks:

• Licenses all commercial and non-commercial drivers;

• Registers and titles commercial and non-commercial vehicles;

• Issues photo identification for non-drivers;

• Manages Driver Instructional, Driver Wellness and Motor Vehicle Safety

Programs;

• Protects the integrity and security of driver and vehicle records;

• Administers the mandatory insurance compliance program;

• Inspects Maryland’s school buses;

• Regulates driving schools and motor vehicle dealers;

• Ensures air quality through the vehicle emissions inspection program; and,

• Reduces and prevents motor vehicle related crashes, injuries and fatalities through education, enforcement, and engineering countermeasures.

Currently, the MDOT MVA operates a large physical presence across the State. The MDOT

MVA serves its customers through a network of customer service offices: 19 Full-Service

Branch Offices and four (4) Limited or Express Offices, for a total of 23 Branch Offices

2.2.2. Purpose

The purpose of this IFB is to find a qualified Contractor to replace the roof at the MDOT MVA

Easton Branch as specified in the scope of work.

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2.3 Detailed Specifications

See Appendix 10. Detailed Specifications and Drawings for detailed specification, requirements, and drawings for this project.

2.4 Hours of Operations

2.4.1 Regular working hours for the MDOT MVA employees are Monday-Friday 8:00AM to 5:30PM.

2.4.2 The following Holidays are recognized by the State of Maryland and no services will be performed on these days:

New Year’s Day Birthday of Dr. Martin Luther King

Presidents Day Memorial Day

Independence Day Labor Day

Columbus Day Election Day (if during an election Year)

Veteran’s Day Thanksgiving Day

Christmas Day Juneteenth

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.1.1 Contractor shall schedule a pre-construction meeting within 10 Business Days of Notice of

Award. At kickoff, the Contractor shall discuss the Project Schedule and other activities for the

Contractor, the State, and any third parties for fully transitioning to the Contractor’s responsibilities.

3.2 Contract Initiation Requirements

3.2.1 General

A. The Contractor shall e-mail the original of each invoice and signed authorization to invoice to mvaapinvoices@mdot.maryland.gov.

B. All invoices and/or correspondence pertaining to invoices shall be identified with Contract

Number V-EAS-22066-C and shall be forwarded to mvaapinvoices@mdot.maryland.gov.

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR

21.06.09.01 and .02) cannot be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

• Contractor name and address;

• Remittance address;

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

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

• Invoice date;

• Invoice number;

• State assigned Contract number;

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

• Goods or services provided;

• Any additional documentation required by regulation or the Contract.

D. All services provided under this Contract shall be billed in accordance with the price submitted on the Contractor’s Bid Form.

E. MDOT MVA is 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.

F. 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.

3.2.2 Retainage

mailto:mvaapinvoices@mdot.maryland.gov

MARYLAND MOTOR VEHICLE ADMINISTRATION Page 5 of 68

Ten percent (10%) of the total Contract value shall be retained by the MDOT MVA and will not be released until final payment. The Contractor shall invoice the State for the retainage amount as part of the final invoice

3.3 Security Requirements

Employee Identification

A. Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor

Personnel shall provide additional photo identification.

B. Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

C. Contractor shall remove any Contractor Personnel from working on the Contract where the

State determines, in its sole discretion, that Contractor Personnel has not adhered to the

Security requirements specified herein.

D. The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the

Contract.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Attachment M.

3.4.2 Liquidated Damages other than MBE

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

B. For each day that any work shall remain uncompleted beyond the approved construction schedule, except for days due to excusable delays, the Contractor shall be liable for liquidated damages in the amount of $700 per day. However, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved change orders.

3.5 Insurance Requirements

3.5.1 The Contractor(s) shall, at its own cost and expense, take out and carry in effect, through the term of the Contract a policy or policies of insurance, with a reputable insurance company that is financially sound and authorized to conduct business in the State of Maryland and upon whom process in any suit or action or other proceeding in the courts of the State of Maryland or of the

United States may be served, insuring Contractor against all liability for injuries to persons

(including wrongful death) and damages to property caused by Contractor’s use and occupancy or otherwise caused by Contractor’s activities and operation at the MDOT MVA, the policy limits thereof to be in the minimum(s) as set forth in this section. The Contractor shall furnish to the

MDOT MVA duly executed certificated of all required insurance on forms satisfactory to the

MDOT MVA. This insurance shall be maintained in full force throughout the entire term of the

Contract.

A. The MDOT MVA requires the following minimum levels of insurance coverage for the

Contract:

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1. Commercial General Liability Insurance with limits sufficient to cover losses resulting from, or arising out of, Contractor action or inaction in the performance of the Contract by the Contractor, its agents, servants, employees, or subcontractors, but no less than a

Combined Single Limit for Bodily Injury, Property Damage, and Personal and

Advertising Injury Liability of $1,000,000 per occurrence and $3,000,000 aggregate.

2. Errors and Omissions/Professional Liability insurance with minimum limits of

$1,000,000 per occurrence.

3. Automobile and/or Commercial Truck Insurance as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

B. Within ten (10) Business Days of recommendation for Contract award, the Contractor shall provide the Contract Monitor with current certificates of insurance, and shall update such certificates periodically, but no less than annually in multi-year contracts, as directed by the

Contract Monitor. Such copy of the Contractor’s current certificate of insurance stating the insurance coverages previously listed.

The State shall be listed as an additional insured on the policies with the exception of Worker’s

Compensation Insurance and Professional Liability Insurance. All insurance policies shall be endorsed to include a clause that requires that the insurance carrier provide the Contract Monitor, by certified mail, not less than 45 days’ advance notice of any non-renewal, cancellation, or expiration. In the event the Contract Monitor receives a notice of non-renewal, the Contractor shall provide the Contract Monitor with an insurance policy from another carrier at least 15 days prior to the expiration of the insurance policy then in effect.

3.6 Minority Business Enterprise (MBE) Reports

This solicitation includes an MBE Goal, the Contractor shall:

A. Submit the monthly autogenerated Prime Contractor Paid/Unpaid Payment Reports to MDOT

MVA’s Socioeconomic Office at mvacompliancembe@mdot.maryland.gov by the 10th of each month. Detailed reporting instructions will be provided by MDOT MVA’s

Socioeconomic Office after contract award; however, monthly reports will require all payment information made in the preceding month, outstanding invoices over 30 days and the reason, copies of cancelled checks (front and back), electronic fund transfer confirmation document and copies of invoices.

B. Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors must submit the monthly autogenerated MBE Subcontractor Paid/Unpaid

Payment Reports to MDOT MVA’s Socioeconomic Office at mvacompliancembe@mdot.maryland.gov by the 10th of each month. Detailed reporting instructions will be provided to the subconsultants after contract award; however, monthly reports will require payment information, unpaid invoices greater than 30 days, and copies of invoices made in the preceding month.

C. Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, type of work performed by each, and actual dollar value of work performed. Subcontract agreements documenting the work performed by all mailto:mvacompliancembe@mdot.maryland.gov mailto:mvacompliancembe@mdot.maryland.gov

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MBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

D. Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the

MBE participation obligations. Contractor must retain all records concerning MBE participation and make them available for State inspection for three years after final completion of the Contract.

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

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4 Procurement Instructions

4.1 Pre-Bid Conference and Mandatory Site Visit

4.1.1 A Pre-Bid conference (Conference) will be held at the date, time, and location indicated on the

Key Information Summary Sheet.

4.1.2 Attendance at the Conference is encouraged in order to facilitate better preparation of their Bids.

If the solicitation includes an MBE goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

4.1.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the

Conference/Site Visit to ensure that all parties understand the requirements of the contract and the

MBE Goal.

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

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

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

4.1.7 In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form (Attachment A) no later than the time and date indicated on the form. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5)

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

4.1.8 A mandatory site visit will be held immediately following the pre-bid. All prospective Bidders must attend.

4.2 eMaryland Marketplace Advantage (eMMA)

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

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

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

4.3 Questions

4.3.1 All questions regarding this solicitation, including concerns regarding any applicable, shall be sent to the Procurement officer by email no later than the date and time specified on the Key

Information Summary Sheet under Questions Due Date and Time. Please, identify in the email subject line the solicitation title and contract number.

4.3.2 If a question is received late, the Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.”

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

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

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

4.4 Procurement Method

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

21.05.02.

4.5 Bid Due (Closing) Date and Time

4.5.1 All bid responses must be submitted through eMaryland Marketplace Advantage (eMMA), the

State of Maryland’s procurement website, located at https://emma.maryland.gov/ by June 29, 2021. Bids will not be accepted by email, fax, U.S. Mail, or hand delivery. You must be registered and logged in to submit a bid on eMMA.

4.5.2 If you are new to eMMA, it is recommended that you download the User’s Guide available on the first page (desktop) after logging into the system. Additional assistance is available between the hours of 8:00 a.m. and 4:00 p.m., Monday thru Friday at the eMMA Help Desk (410) 767-1492 or at eMMA.helpdesk@maryland.gov.

4.5.3 When submitting your completed bid, the following documents must be submitted:

4.5.4 Vendors not responding to this solicitation are requested to submit the “Notice to Vendors”

(Attachment A), which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.).

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 Bids are opened, recorded and tabulated in eMMA. To locate a bid tabulation:

• Log in to eMMA using your username and password. If you do not have an eMMA login, access public solicitations by clicking the Public Solicitations button on the right side of the screen. Proceed to step 3.

• Click the Sourcing tab at the top of the page and choose View Public Solicitations.

• Locate your solicitation by BPM ID or Title, then click on the solicitation name to open it.

• Scroll to the bottom of the page to view Bid Tabulation Table.

Note: The solicitation status must show as “Responses Open” in order to view Bid Tabulation.

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

MARYLAND MOTOR VEHICLE ADMINISTRATION Page 10 of 68 be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

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

Attorney General.

4.9 Award Basis

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

21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation.

See IFB Section 6 for Bid evaluation and award information.

4.9.2 Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.11 Duration of Bids

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

4.12 Revisions to the IFB

4.12.1 If the IFB is revised before the due date for Bids, the MVA shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this

IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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).

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

207(b)(2).

4.14 Incurred Expenses

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

4.15 Protest/Disputes

Any protest or dispute related to this solicitation, or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.16 Bidder Responsibilities

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

4.16.2 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g.

insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

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

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

4.17 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Attachment M. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.18 Bid/Proposal Affidavit

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

4.19 Contract Affidavit

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational

MARYLAND MOTOR VEHICLE ADMINISTRATION Page 12 of 68 purposes as Attachment N of this IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit

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

4.20 Compliance with Laws/Arrearages

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

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

4.21 Verification of Registration and Tax Payment

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

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

Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

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

Bidder from final consideration and recommendation for Contract award.

4.22 False Statements

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

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

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

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

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

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

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:

MARYLAND MOTOR VEHICLE ADMINISTRATION Page 13 of 68 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 MVA 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 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 Procurement Officer may conduct the procurement using eMMA, e-mail, or facsimile to issue:

1. The IFB;

2. Any amendments;

3. Pre-Bid conference documents;

4. Questions and responses;

5. Communications regarding the solicitation or IFB to any Bidder or potential

Bidder;

6. Notices of award selection or non-selection; and

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

B. The Bidder or potential Bidder may use e-mail to:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf https://procurement.maryland.gov/

MARYLAND MOTOR VEHICLE ADMINISTRATION Page 14 of 68

1. Ask questions regarding the solicitation;

2. 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 facsimile, but only on the terms specifically approved and directed by the

Procurement Officer and;

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

4.25.5 The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day

Contract administration, except as outlined in Section 4.25.4 (A) of this subsection, utilizing e-mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract

Manager.

4.25.6 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 initial Bids

B. Filing of bid protests;

C. Filing of Contract claims and Notice of Claims;

D. Submission of documents determined by the MVA to require original signatures (e.g., Contract execution, Contract modifications); or

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

4.25.7 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

1.1.1 Establishment of Goal and Subgoals

An overall MBE subcontractor participation goal as identified in the Key Information Summary

Sheet has been established for this procurement, representing a percentage of the total Contract dollar value, including all renewal option terms, if any, has been established for this procurement.

Notwithstanding any subgoals established for this IFB, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from any/all of the various MBE classifications to meet the remainder of the overall MBE participation goal.

By submitting a response to this solicitation, the Bidder acknowledges the overall MBE subcontractor participation goal and subgoals and commits to achieving the overall goal and subgoals by utilizing certified minority business enterprises or requests a full or partial waiver of the overall goal and subgoals.

A Bidder that does not commit to meeting the entire MBE participation goal implies that it is requesting a full or partial waiver for the remainder of the MBE goal or subgoals as applicable and, if recommended for award, shall submit documentation supporting its good faith efforts to meet the MBE goal made prior to submission of its Bid as outlined in Form

E, Good Faith Efforts Guidance and Documentation. Failure of an Bidder to properly complete, sign, and submit Form A at the time it submits its Technical Response(s) to the

IFB may result in the State’s rejection of the Bidder’s Bid.

1.1.2 Attachment D

A. A - E – The following Minority Business Enterprise participation instructions, and forms are provided to assist Bidders:

MARYLAND MOTOR VEHICLE ADMINISTRATION Page 15 of 68

1. Form A - Certified MBE Utilization and Fair Solicitation Affidavit (must be submitted with Bid)

2. Form B – MBE Participation Schedule (must be submitted with Bid)

3. Form C – Outreach Efforts Compliance Statement

4. Form D – MBE Subcontractor Project Participation Affidavit

5. Form E – Good Faith Efforts and Documentation

F. The Bidder shall include with its Bid a completed Form A - Certified MBE Utilization and

Fair Solicitation Affidavit and Form B - MBE Participation Schedule whereby:

1. The Bidder acknowledges the certified MBE participation goal and commits to make a good faith effort to achieve the goal and any applicable subgoals, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process; and

2. The Bidder responds to the expected degree of MBE participation, as stated in the solicitation, by identifying the specific commitment of certified MBEs at the time of Bid submission. The Bidder shall specify the percentage of total contract value associated with each MBE subcontractor identified on the MBE participation schedule, including any work performed by the MBE prime (including a prime participating as a joint venture) to be counted towards meeting the MBE participation goals.

3. The Bidder requesting a waiver should review Form C – Outreach Efforts

Compliance Statement Guidance) Form E – Good Faith Efforts and

Documentation prior to submitting its request. If the apparent awardee requests a waiver in the submitted Forms A and B, completed Forms C and Es will be requested.

If the Bidder fails to submit a completed Form A with the Bid as required, the

Procurement Officer shall determine that the Bid is not reasonably susceptible of being selected for award, unless the inaccuracy is determined to be the result of a minor irregularity that is waived or cured in accordance with COMAR 21.06.02.04.

1.1.3 Bidders are responsible for verifying that each MBE (including any MBE prime and MBE prime participating in a joint venture) selected to meet the goal and any subgoals and subsequently identified in Form A is appropriately certified.

1.1.4 Within ten (10) Business Days from notification that it is the recommended awardee the Bidder must provide the following documentation to the Procurement Officer.

A. Outreach Efforts Compliance Statement Form C;

B. MBE Subcontractor/Prime Project Participation Form D; and

C. Any other documentation required by the Procurement Officer to ascertain Bidder responsibility in connection with the certified MBE subcontractor participation goal or any applicable subgoals.

D. Further, if the recommended awardee believes a waiver (in whole or in part) of the overall MBE goal or of any applicable subgoal is necessary, the recommended

MARYLAND MOTOR VEHICLE ADMINISTRATION Page 16 of 68 awardee must submit a fully documented waiver request that complies with COMAR

21.11.03.11.

If the recommended awardee fails to return each completed document within the required time, the Procurement Officer may determine that the recommended awardee is not responsible and, therefore, not eligible for Contract award. If the Contract has already been awarded, the award is voidable.

1.1.5 A current directory of certified MBEs is available through the Maryland State Department of

Transportation (MDOT), Office of Minority Business Enterprise, 7201 Corporate Center Drive, Hanover, Maryland 21076. The phone numbers are (410) 865-1269, 1-800-544-6056, or TTY

(410) 865-1342. The directory is also available on the MDOT website at http://mbe.mdot.maryland.gov/directory/. The most current and up-to-date information on MBEs is available via this website. Only MDOT-certified MBEs may be used to meet the MBE subcontracting goals.

1.1.6 The Bidder that requested or implied to request a waiver of the goal or any of the applicable subgoals will be responsible for submitting the Good Faith Efforts Documentation to Support

Waiver Request (Form E) and all documentation within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, as required in COMAR 21.11.03.11.

1.1.7 All documents, including the MBE Utilization and Fair Solicitation Affidavit & MBE

Participation Schedule (Form A), completed and submitted by the Bidder in connection with its certified MBE participation commitment shall be considered a part of the Contract and are hereby expressly incorporated into the Contract by reference thereto.

1.1.8 The Bidder is advised that liquidated damages will apply in the event the Contractor fails to comply in good faith with the requirements of the MBE program and pertinent Contract provisions. (See Contract – Attachment M, Liquidated Damages for MBE)

1.1.9 As set forth in COMAR 21.11.03.12-1(D), when a certified MBE firm participates on a contract as a prime contractor (including a joint-venture where the MBE firm is a partner), a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified

MBE firm performs with its own work force towards fulfilling up to fifty-percent (50%) of the

MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the contract.

1.1.10 In order to receive credit for self-performance, an MBE prime must list its firm in Section 2 of the

MBE Participation Schedule (Form B) and include information regarding the work it will self-perform. For the remaining portion of the overall goal and the subgoals, the MBE prime must also identify other certified MBE subcontractors used to meet those goals. If dually certified, the MBE prime can be designated as only one of the MBE subgoal classifications but can self-perform up to 100% of the stated subgoal.

1.1.11 As set forth in COMAR 21.11.03.12-1, once the Contract work begins, the work performed by a certified MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the MBE firm is performing a commercially useful function on the

Contract.

4.30 Conflict of Interest Affidavit and Disclosure

4.30.1 The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure and submit it with its Bid.

http://mbe.mdot.maryland.gov/directory/

MARYLAND MOTOR VEHICLE ADMINISTRATION Page 17 of 68

4.30.2 By submitting a Conflict of Interest Affidavit, 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. The Procurement Officer may reject a Contractor’s under COMAR

21.06.02.03B.

4.30.3 Contractors should be aware that the State Ethics Law, Md. Code Ann., General Provisions

Article, Title 5, might limit the selected Contractor's ability to…