IFB91120JAH-_Dry_Ice_Purchase___Delivery.pdf

UNIVERSITY OF MARYLAND

BALTIMORE

COMPETITIVE SEALED BIDS

INVITATION FOR BIDS (IFB)

IFB91120JAH

FOR

Dry Ice Purchase and Delivery

Issued: 9/13/2024 Pre-Bid Conference: NA Deadline for Questions: 9/18/2024 Due Date for Bids: 9/25/2024

Issued by:

Deliver to:

University of Maryland, Baltimore Strategic Sourcing and Acquisition Services Saratoga Street Offices Level 02 Room # 02-100 220 Arch Street Baltimore, MD 21201-1531 Attn: Joshua Hitch 410-706-3191

All proposals shall be submitted via eMaryland Marketplace Advantage (eMMA):

https://emma.maryland.gov Solicitation# BPM046340

Pre-Bid Conference: Not-Applicable

SPECIAL ACCESS: Anyone requiring special assistance in obtaining a copy of the solicitation, in attending a pre-bid conference or in delivering a bid are requested to contact the Buyer listed above at least 48 hours in advance.

https://emma.maryland.gov/

University of Maryland, Baltimore | Solicitation Number IFB91120JAH ii

TABLE OF CONTENTS

SECTION I: SUMMARY INFORMATION (Page 1)

SECTION II: GENERAL INFORMATION FOR VENDORS (Page 5)

SECTION III: SPECIFICATIONS/SCOPE OF WORK (Page 9)

SECTION IV: BID FORMAT (Page 16)

SECTION V: APPENDICES AND ATTACHMENTS (Page 17)

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 1

Dry Ice Purchase and Delivery

SECTION I: SUMMARY INFORMATION

A. SUMMARY STATEMENT

The University of Maryland, Baltimore (herein called the “University” or “UMB”) intends to contract for the provision and delivery of Dry Ice products

B. ISSUING OFFICE

Joshua Hitch University of Maryland, Baltimore Strategic Sourcing and Acquisition Services Saratoga Street Offices Level 02 Room 02-100 220 Arch Street Baltimore, Maryland 21201-1531 410-706-3191 jhitch@umaryland.edu

The sole point of contact in the University for purposes of this IFB is the issuing office.

Any questions with regard to any aspect of this Invitation for Bids must be directed to Joshua Hitch in writing.

C. QUESTIONS AND INQUIRIES

Questions and inquiries should be directed to the individual referenced with the Issuing Office above. All such questions and inquiries must be received by 2 PM EST on Wednesday September 18, 2024. Questions and Answers will be posted on eMMA under Solicitation# BPM046340.

D. DELIVERY OF BIDS

a. All bids shall be submitted via eMaryland Marketplace Advantage (eMMA): https://emma.maryland.gov/ under Solicitation# BPM046340.

b. eMMA will not accept submissions after the date and exact time stated in this IFB. The date and time of submission is determined by the date and time of arrival in eMMA. It is the Bidder’s sole responsibility to allow enough time to submit in a timely manner.

c. By providing the Bid to the University, the Bidder grants the University the unlimited right to generate additional electronic and/or paper copies for distribution solely for the purpose of evaluation and review.

mailto:jhitch@umaryland.edu

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 2

E. BID CLOSING DATE

In order to be considered, each Bid must be submitted by 5pm EST Wednesday, September 25, 2024. If vendors are interested in attending the public bid opening, please e-mail the Procurement Officer two (2) days prior to the bid due date. A Microsoft Teams invitation will be sent to those bidders who would like to attend.

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

G. PRE-BID CONFERENCE

A Pre-Bid Conference will not be held in conjunction with this IFB.

H. DURATION OF OFFER

Bids are to be held valid for 90 days following the closing date for this IFB. This period may be extended by mutual agreement between the vendor and the University.

I. TERM OF CONTRACT

Term of Contract The contract shall be for a period of One (1) year effective October 1, 2024 through September 30, 2025

The University shall have the option to renew the contract for four (4) additional one-year terms, said option(s) to be exercised at the sole discretion of the University.

Contractor may submit a written request annually for rate adjustment not more than ninety

(90) days prior to the Contract anniversary date. All other terms and conditions shall remain the same.

UMB will use the U.S. Bureau of Labor Statistics, Consumer Price Index, (CPI) to monitor any such rate adjustment requests for reasonableness. UMB will use the All Urban Consumers (CPI-U), U.S. City Average by expenditure category “Energy Commodities”, not seasonally adjusted, for the Marchperiod for the proceeding year. All such rate adjustment requests will be calculated using a simple percentage method. In https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 3 all instances UMB will use the base period data in effect at the time of the receipt of responses to the IFB.

The following example illustrates the computation of percentage change:

CPI for current period: 313.861 Less CPI for previous period: 311.160 Equals index point change: 2.701 Divided by previous period CPI: 311.160 Equals: .0087 Results multiplied by 100: .0087 x 100 Equals Percentage change: .87%

J. EVALUATION OF BIDS/METHOD OF AWARD

Award will be made to the responsive and responsible bidder that meets the entire requirement of the solicitation and provides the lowest total price for the services listed in Appendix E- Price Sheet. A single award will be made as a result of this solicitation.

K. BID ACCEPTANCE

The University reserves the right to accept or reject any and all bids, in whole or in part, received as a result of this IFB, to waive minor irregularities, to negotiate in any manner necessary to best serve the interest of the University. Further, the University reserves the right to make a whole award, multiple awards, a partial award or no award at all. The University reserves the right to increase or decrease the quantities of any materials, equipment, supplies or services.

L. FORMATION OF AGREEMENT/CONTRACT OR ISSUANCE OF PURCHASE

ORDER

The Contract to be entered into as a result of this IFB (the “Contract”) shall be by and between the bidder as contractor and the University in the form of a University Contract and shall contain the provisions included herein as Appendix A (Schedule B) or Appendix C (Service Contract) as well as any additional terms required by the University of Maryland, Baltimore or the State of Maryland. By submitting an offer, the Contractor warrants that they have reviewed Appendix C (Services) and Appendix A (Commodities) and will execute a contract on that form upon request by University of Maryland, Baltimore.

M. BID AFFIDAVIT AND CERTIFICATIONS

State procurement regulations require that bids contain certifications regarding non-collusion, debarment, cost and price, etc. The affidavit form, which should be completed

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 4 by all respondents and returned with their respective responses, is included as Appendix B of the IFB.

O. COOPERATIVE PURCHASING & USE OF CONTRACT BY OTHER

ENTITIES

Pursuant to University System of Maryland’s Procurement Polices & Procedures, Section V, subsections G & H, the pricing, terms and conditions of any contract that results from this IFB may be made available to any public body, public or private health or educational institution, or any University-related foundation if authorized by the supplier.

All purchases under this contract by any entity which is not a unit or agency of the State of Maryland (1) shall constitute a purchase or contract between the Contractor and that entity only, (2) shall not constitute a purchase or contract of the State of Maryland, (3) shall not be binding or enforceable against the State of Maryland or any of its units or agencies, and

(4) may be subject to other terms and conditions agreed to by the Contractor and the purchases. Contractor bears the risk of determining whether or not any entity from which the Contractor receives an order under the Contract is a unit or agency of the State of Maryland such that the contract may be enforced against the State of Maryland.

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 5

Dry Ice Purchase and Delivery

SECTION II: GENERAL INFORMATION FOR VENDORS

A. PURPOSE

The overall purpose of this IFB is to provide information to vendors interested in preparing and submitting bids to meet the requirements for Dry Ice Purchase and Delivery described herein. Bids will be received for the items/services specified herein or attached hereto under the terms, conditions and general specifications of this IFB.

B. GENERAL INFORMATION FOR VENDORS

1. Bids must be made in the official name of the firm or individual under whom business is conducted (showing official business address) and must be signed by a duly authorized person.

2. Each bidder must furnish all information required by the IFB. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent of the corporation must be accompanied by evidence of their authority.

3. This Invitation for Bids creates no obligation on the part of the University to award the contract or to compensate offerors for Bid preparation expenses.

C. ADDENDA /AMENDMENT TO THE IFB

If it becomes necessary to revise any part of the IFB, addenda/amendments will be posted on eMMA under Solicitation# BPM046340. It remains the responsibility of prospective bidders to check eMMA frequently until the bid opening date for any addenda/amendments issued prior to the submission of bids.

An acknowledgement of the receipt of all amendments and addenda issued before the bid due date shall be required from all vendors submitting a bid.

D. CANCELLATION OF THE IFB

Per Section VI of USM Procurement Policies and Procedures, the University may cancel this IFB, in whole or in part, at any time.

E. INCURRED EXPENSES

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 6

The University will not be responsible for any costs incurred by any vendor in preparing and submitting a bid, delivery of or return of representative samples (if applicable).

F. ECONOMY OF PREPARATION

Bids should be prepared simply and economically, providing a straightforward, concise description of the vendor’s bid to meet the requirements of the IFB.

G. ACCEPTANCE OF TERMS AND CONDITIONS

By submitting a bid in response to this IFB, the bidder accepts the terms and conditions set forth in this IFB.

H. PROCUREMENT REGULATIONS

This IFB and any resulting contract shall be governed by the USM Procurement Policies and Procedures.

I. MULTIPLE BIDS

Vendors may not submit more than one Bid.

J. ALTERNATE SOLUTION BIDS

Vendors may not submit an alternate to the solution given in this IFB.

K. CONTRACTOR RESPONSIBILITIES

The University shall enter into a contract with the selected bidder(s) only. The selected contractor(s) shall be responsible for all products and/or services required by this IFB. Subcontractors, if any, shall be identified and a complete description of their role relative to the Bid shall be included. The University’s intent is not to direct the use of any particular subcontractor, however, the contractor will not subcontract with any such proposed person or entity to whom the University has a reasonable objection.

Notification of such objection will be made by the University to the contractor who must resolve within 15 days of notification. The contractor shall be fully responsible for the acts and omissions of its subcontractors and of persons directly or indirectly employed by them.

L. PUBLIC INFORMATION ACT

Offerors must specifically identify those portions of their Bids, if any, which they deem to contain confidential, proprietary information or trade secrets and must provide justification why such material should not, upon request, be disclosed by the University under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4.

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 7

Bidders must clearly indicate each section that is deemed to be confidential, proprietary or a trade secret (it IS NOT sufficient to preface your Bid with a proprietary statement declaring the entire bid proprietary and confidential). This confidential and/or proprietary information must also be identified by page number and placed in the Transmittal Letter with the Bid.

M. MINORITY BUSINESS ENTERPRISE NOTICES

a. Minority Business Enterprises (MBE) are encouraged to respond to this solicitation notice.

N. ARREARAGES

By submitting a response to this solicitation, a vendor shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits and that it shall not become so in arrears during the term of the contract if selected for contract award.

O. TAXES

The University of Maryland, Baltimore is exempt from Federal Excise Taxes, Maryland Sales and Use Taxes, and the District of Columbia Sales Taxes and Transportation Taxes, except as noted in applicable sections of COMAR. Exemption Certificates shall be provided upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, Contractor shall pay the Maryland Sales tax and the exemption does not apply.

P. IFB RESPONSE MATERIALS

All written materials submitted in response to this IFB become the property of the University and may be appended to any formal documentation, which would further define or expand the contractual relationship between the University and the successful vendor(s).

Q. BID SECURITY

Not Applicable.

R. MARYLAND PUBLIC ETHICS LAW, TITLE 5

The Maryland Public Ethics Law prohibits, among other things: State employees or officials (and in some cases, former employees) and businesses in which such an individual is employed or holds a financial interest from (i) submitting a bid or

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 8 proposal, (ii) negotiating a contract, and (iii) entering into a contract with the governmental unit with which the individual is affiliated per §5-502 of the Maryland Public Ethics Law, Title 5, General Provisions Article, Annotated Code of Maryland.

If the bidder has any questions concerning application of the State Ethics law to the bidder’s participation in this procurement, it is incumbent upon the bidder to seek advice from the State Ethics Commission; Office of the Executive Director, 9 State Circle, Suite 200, Annapolis, MD 21401, 410-974-2068 or toll free 1-877-669-6085.

The procurement officer may refer any issue raised by a bid to the State Ethics Commission. The procurement officer may require the bidder to obtain advice from the State Ethics Commission and may reject a bid that would result in a violation of the Ethics Law.

The resulting contract is cancelable in the event of a violation of the Maryland Public Ethics Law by the vendor or any State of Maryland employee in connection with this procurement.

S. HIPAA

Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-

191. ("HIPAA") and Maryland Confidentiality of Medical Records Act (Annotated Code of Maryland, Health – General Article '4-301 et seq. ("the Act"). Contractor acknowledges that the University of Maryland Baltimore is a HIPAA hybrid covered entity. Contractor agrees that Contractor's access to and use of protected health information (as that term is defined by HIPAA), if any, under this Agreement will be conducted in accordance with the requirements of the Act and HIPAA, including the terms of a HIPAA Business Associate Agreement if so required by UMB. Such Business Associate Agreement is either attached hereto as Schedule H or Contractor shall promptly execute such Business Associate Agreement upon the University's request. Contractor shall also cause any subcontractor, agent, or party under Contractor's direction or control that is participating in this Agreement to promptly execute a standard HIPAA Business Associate Agreement if so requested by UMB.

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 9

SECTION III

SPECIFICATIONS/SCOPE OF WORK

A. BACKGROUND

The University of Maryland, Baltimore is a public institution with the multiple missions of education, research and service. The 65-acre complex is located in downtown Baltimore, a city that has become a model for urban rebirth and vitality. The UMB complex has over 8,200 employees and approximately 6,700 students enrolled in seven professional schools: School of Dentistry, School of Law, School of Medicine, School of Nursing, School of Pharmacy, School of Social Work and Community Planning and the Graduate School.

B. SCOPE OF PROJECT

The University is seeking a vendor who can Provide Dry Ice to the University of Maryland, Baltimore (UMB) and the University of Maryland Baltimore County (UMBC) campuses per the specifications of this solicitation.

C. BIDDER MINIMUM QUALIFICATIONS

1. The vendor must have a minimum of three (3) years' experience in providing Dry Ice for the medical services industry or academic institutions. The vendor must provide documentation evidencing that these services have been provided by it to academic institutions or companies/providers in the medical field.

2. Vendor must be able to make daily deliveries as needed during normal campus hours as well as emergent hours if needed. Normal Campus hours are Monday – Friday 8am EST – 5pm EST.

D. SPECIFICATIONS

The following provides specifications and characteristics of the equipment/services and provider. Vendors are asked to reply to each specification addressed with completeness and accuracy. Vendors are not to reply with YES or NO answers only.

All materials, equipment, supplies or services shall conform to all applicable Federal and State laws and regulations and to the specifications contained in the solicitation.

Any manufacturer’s names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and not intended to limit competition. The offeror may offer any brand, which meets or exceeds the

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 10 specification for any item(s). If bids are based on equivalent products, indicate in your Bid the manufacturer’s name, model number and specifications.

The offeror shall submit with his Bid cuts, sketches, and descriptive literature and/or complete specifications. Reference to literature submitted with a previous Bid shall not satisfy this provision. The offeror shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. The University reserves the right to determine acceptance of item(s) as an approved equivalent. Bids, which do not comply with these requirements, are subject to rejection.

1. GOODS: The University need to be able to purchase the following types of Dry Ice.

a. Full 55-pound blocks

b. Sliced 5 x 11 pound blocks

c. 20 pound bags/boxes of 5/8” pellets

2. SERVICES: Vendor must be able to provide the following:

a. UMB and UMBC require a minimum of three (3) weekdays of campus deliveries per week.

b. Orders must be delivered by the end of the following business day.

c. All deliveries must be delivered inside at laboratory room/desktop. No dock deliveries are allowed.

d. Missed deliveries to department must be delivered the next day.

e. Vendor must be able to process Visa credit cards for transactions and accept Purchase

Orders issued by Strategic Sourcing and Acquisition Services.

D. SITE INFORMATION

Deliveries will be made to multiple locations on the UMB campus. These delivery addresses will be provided at time of order. It is the expectation that all deliveries on campus addresses will be made by the vendor. The University of Maryland Baltimore County is located at 1000 Hilltop Circle, Baltimore, MD 21250.

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 11

E. DOCUMENTATION (ex. References, financial condition of the firm, resumes of key personnel, etc.)

1. Furnish references from at least three (3) current clients (outside the University of Maryland, Baltimore setting) preferably of similar size and usage to the University. State the Company name, contact name, address, phone number and email address of each.

F. DELIVERY/SHIPMENT

Vendor must be able to make normal business hour deliveries and emergency deliveries in accordance with Service Specifications.

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 12

G. INSURANCE (To be provided within 5 business days of Award Notice)

1. a. The contractor shall not start work under this contract until the Contractor has obtained at its own expense all of the insurance called for hereunder and such insurance has been approved by the procurement officer; nor shall the Contractor allow any subcontractor to start work on any subcontract until all insurance required by the subcontract has been obtained and approved by the contractor and University of Maryland, Baltimore. Approval of insurance required of the contractor and subcontractors for the University will be granted only after submission to the University of original certificates of insurance signed by an authorized representative of the insurers or, alternately, at the University’s request, certified copies of the required insurance policies.

b. The Contractor shall require all subcontractors to maintain during the term of this agreement, Commercial General Liability insurance, Business Automobile Liability insurance, Workers Compensation and Employers Liability insurance, in the same manner, including the additional insured requirements in paragraph N.1.e., as specified for the Contractor. The Contractor shall furnish subcontractors’ certificates of insurance to the University immediately upon request.

c. All insurance policies required hereunder shall be endorsed to include the following provision; “It is agreed that this policy is not subject to cancellation, non-renewal, material change, or reduction in coverage until forty-five (45) days prior written notice has been given to the University.”

d. No acceptance and/or approval of any insurance by University of Maryland, Baltimore shall be construed as relieving or excusing the Contractor, or the surety or bond, if any, from any liability or obligation imposed upon either or both of them by the provision of the Contract Documents.

e. NAMED ADDITIONAL INSURED – The University of Maryland, Baltimore and the State of Maryland (including their elected or appointed officials, agents and employees) are to be named as additional insured under all coverages except Workers Compensation, and the certificates of insurance (or the certified policies, if requested) must so indicate through inclusion of appropriate endorsement. Coverage afforded under this paragraph shall be primary to any other insurance of self-insurance, whether or not such other insurance or self-insurance is stated as primary, excess

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 13 or contingent, as respects the above additional insured, their elected and appointed officials, agents and employees.

f. Insurance coverage required in these specifications shall be in force throughout the Contract Term. Should the Contractor fail to provide acceptable evidence of current insurance within ten (10) days of receipt of written notice at any time during the contract term, the University shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the University for the entire additional cost of procuring substitute performance and the cost of performing the incomplete portion of the Contract at time of termination.

g. Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering service exclusion that would preclude University of Maryland, Baltimore or participation institutions from supervising or inspecting the operations of the contractors as the end result.

h. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of agents or subcontractors and anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

The Contractor shall be as fully responsible to the University for the acts and omissions of its subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by the Contractor.

i. All required insurance coverages must be acquired from insurers allowed to do business in the State of Maryland and acceptable to University. The insurers must have a policyholders’ rating “A-” or better, and a financial size of “Class VII” or better in the latest edition of Best’s Insurance Reports.

j. UMB will consider deductibles or self-insured retention as part of its review of the financial stability of the bidder. Any deductibles or self-insured retention shall be disclosed in the Contractor’s Bid and shall be assumed by the Contractor.

2. The Contractor shall purchase the following insurance coverages:

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 14

a. Commercial General Liability Insurance or its equivalent, for bodily injury, personal injury and property damage, including loss of use. It is preferred that coverage be provided on an “occurrence” basis. If “claims made” forms are submitted, the requirements noted in section N.5 must be met. Such Commercial General Liability policy shall include the following extensions:

i. It is preferred that the general aggregate limit applies separately to this project:

ii. Premises/Operations:

iii. Actions of Independent Contractors:

iv. Products/completed Operations to be maintained for two (2) years after completion of the contract.

v. Contractual Liability including protecting for the Contractor for claims arising out of liability assumed under this contract.

vi. Personal injury liability including coverage for offenses related to employment, and for offenses assumed under this contract (delete any standard employment and contractual exclusions if contained in the personal injury coverage section):

b. Business Automobile Liability, which will pay for liabilities arising out of accidents involving the ownership, operation, maintenance or use of any owned, hired or non-owned motor vehicles, uninsured motorist’s insurance and automobile contractual liability.

NOTE: INSURANCE MUST BE ON A PRIMARY BASIS.

CONTRACTUAL REQUIREMENTS MUST BE CLEARLY

INDICATED ON CERTIFICATE OR BY ENDORSEMENTS.

c. Workers Compensation – statutory benefits are required by Maryland law or other laws as required by labor union agreements, including standard Other States coverage; Employers Liability coverage.

3. The coverage listed in Section III, N.2.a., b., and c. (above) shall be written for not less than the following limits of liability. Limits can be furnished by a combination of primary and excess (umbrella) policies.

a. Commercial General Liability Insurance including all extensions –

$1,000,000 each occurrence;

$1,000,000 personal injury;

$1,000,000 products/completed operations;

$3,000,000 general aggregated

b. Business Automobile Liability -

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 15

$2,000,000 each accident

c. Workers Compensation insurance – statutory requirements.

Employer’s liability insurance - $1,000,000 each accidental injury; and $1,000,000 policy limit for disease.

4. Tort-Claim Act – It is agreed that the contractor and its insurers will not raise or use, in the adjustment of claims or in the defense of suits against any participating USM institution, any immunity of the insured from tort liability, (including Maryland Tort Claim Act), including any limitation of liability, unless requested by any participating institution.

5. NOTE: If insurance required in Section III. N2.a.iv. and v. above has been issued on a “claims made” basis, the Contractor must comply with the following additional conditions. The limits of liability and the extensions to be included as described above remain the same. The Contractor must either:

1. Agree to provide certificates of insurance evidencing the above coverages for a period of three (3) years after final payment for the contract. Such certificates shall evidence a retroactive date no later than the beginning of the Contractor’s or Subcontractor’s work under this contract, or

2. Purchase an extended (minimum three (3) years) reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself, and

3. The “retroactive date” must be effective prior to the inception of the work under this contract, and

4. No “sunset” clauses shall apply.

A CERTIFICATION FROM AN AUTHORIZED BROKER OR AGENT THAT ALL

REQUESTED COVERAGES ARE AVAILABLE AND WILL BE PROVIDED TO THE

CONTRACTOR UPON AWARD OF THIS CONTRACT SHALL BE PROVIDED WITH

ANY BID.

University of Maryland, Baltimore | Solicitation Number IFB91120JAH 16

SECTION IV. BID FORMAT

A. REQUIRED BID SUBMISSION

Bidders shall include the following with their Bid:

a. Transmittal Letter: A transmittal letter prepared on the vendor’s business stationery should accompany the Bid. The purpose of this letter is to transmit the Bid;

therefore, it should be brief. The letter must be signed by an individual who is authorized to bind the firm to all statements, including services and prices, contained in the Bid.

The Transmittal should include the following:

• Name and address of the Bidder;

• Name, title, email address and telephone number of primary contact for the Bidder;

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

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

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

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

• Any information which is claimed to be confidential is to be noted by reference and included in the Transmittal Letter. Each page that is confidential or proprietary should be marked.

b. Appendix E- Price Sheet

c. Appendix B- Bid Affidavit

d. References are requested from customers who are capable of documenting the bidder’s ability to provide the services as detailed in Appendix xx- Section xx

e. Acknowledgement of Amendment (if any)

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SECTION V. APPENDICES AND ATTACHMENTS

APPENDIX A- Schedule B – Terms and Conditions of Solicitation and Purchase Order Terms and Conditions

APPENDIX B - Bid/Proposal Affidavit

APPENDIX C - Maintenance/Service Contract

APPENDIX D- Contract Affidavit

APPENDIX E- PRICE SHEET

1 Rev. February 2018 {00090898-1}

APPENDIX A

SCHEDULE B

University of Maryland, Baltimore

SOLICITATION TERMS & CONDITIONS

Definitions:

a) "Vendor" or "Contractor" means a person, partnership, corporation or other entity submitting an offer in response to a University solicitation.

b) "Offer" means a bid or proposal submitted by a vendor.

c) "UMB" means the University of Maryland, Baltimore or any other component of the University System of Maryland (USM) on behalf of which this procurement is made by UMB.

d) "Contract" an agreement entered into by UMB for the acquisition of supplies, services, construction, architecture services and engineering services.

Terms:

1. Reservation of Rights. This solicitation creates no obligation on the part of UMB. This solicitation may be cancelled at any time prior to opening of offers. UMB reserves the right to increase or decrease the quantities of any materials, equipment, supplies, or services described in the solicitation. Offers may be modified or withdrawn by written notice received prior to the time and date set for opening. UMB reserves the right to accept or reject all offers in whole or in part. The University reserves the right to make awards by item, groups of items, multiple awards, or on an all or none basis as best serves the interests of the University.

2. Pricing. The unit price shall be considered as the offer price, which will be evaluated by UMB. Separate unit prices shall be submitted for each item; extensions shall be indicated where applicable and total offer price shown when requested. Unless otherwise provided in the solicitation, offer prices are irrevocable for a period of 90 days following the date set for offer opening.

3. Specifications; Equivalents. All materials, equipment, supplies, or services shall conform to applicable Federal and State laws and regulations and to the specifications contained in the solicitation. Any manufacturer's names, trades names, brand names, information and/or catalog numbers listed in a specification are for information and are not intended to limit competition. The vendor may offer any brand which meets or exceeds the specification for any item(s). If offers are based on equivalent products, the vendor shall indicate on the offer form the manufacturer's name and product number and shall submit with the offer cuts, sketches, and descriptive literature and/or complete specifications. Reference to literature submitted with a previous offer shall not satisfy this provision. The vendor shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. UMB reserves the right to determine acceptance of any items proposed as equivalent. Offers which do not comply with these requirements are subject to rejection.

Offers lacking any written indication of intent to offer an alternate brand shall be received and considered in complete compliance with the specifications as listed on the solicitation form.

4. Samples. UMB reserves the right to request and be furnished samples, at no expense to UMB, prior to or after the award, for the purpose of quality and specification evaluation. Samples shall be returned, upon request, at the vendor's expense. UMB does not guarantee that Samples returned will be in the same condition as when submitted.

5. Vendor's Terms and Conditions. The Purchase Order issued by UMB shall constitute the contract between the parties. A VENDOR'S

PROPOSED TERMS ARE NOT PART OF THE CONTRACT UNLESS SPECIFICALLY ACCEPTED IN WRITING BY THE PROCUREMENT OFFICER. NO OTHER UNIVERSITY EMPLOYEE CAN ACCEPT OR EXECUTE A CONTRACT FORM OR ACCEPT A VENDOR'S TERMS. Any terms and conditions, including any form contracts, which the vendor proposes to use, shall be submitted (a) by the solicitation closing date in the case of a single step procurement or (b) by the closing date for technical offers, in the case of a multi-step procurement. If a vendor does not submit any proposed terms on a timely basis, its offer will be deemed an offer to contract on UMB's terms. If a vendor timely proposes any non-UMB terms or conditions, the vendor must indicate clearly in writing whether or not its offer is contingent upon the acceptance of any or all of the vendor's terms and conditions. UMB may reject any offer made contingent upon University acceptance of a vendor's terms and conditions.

6. Minority Business Enterprise Notice.

a) Minority business enterprises are encouraged to respond to this solicitation

b) Refer to the specifications of the solicitation for identification of Minority Business Enterprise "MBE" participation goal.

7. Public Information Act Notice. Offerors shall give specific attention to the identification of those portions of their responses they deem to be confidential, proprietary information or trade secrets and shall provide justification why such materials, upon request, should not be disclosed by UMB under the Public Information Act, Part III, Title 4, General Provisions Article, Annotated Code of Maryland.

8. Arrearages. By submitting a response to this solicitation, a vendor shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selected for contract award.

9. Bid/Proposal Affidavit. The attached bid/proposal affidavit shall be completed and submitted by the vendor with the bid or proposal. The terms and conditions of the affidavit will be incorporated into and made a part of any contract resulting from this solicitation.

10. Bid Security. Solicitations for construction contracts reasonably expected by the procurement officer to exceed $100,000 shall require a bid security in an amount equal to at least 5% of the amount of the bid or price proposal. For all other non-construction contracts, refer to the specifications of this solicitation addressing bid security. Absence of any such reference shall mean that no bid security is required.

Notwithstanding the above, notice of a bid security is required if a federal law or condition of federal assistance for the contract requires it.

11. Ethics. The Vendor is responsible to assure compliance with the Maryland Public Ethics Law, Title 5, General Provisions Article, Annotated

Code of Maryland. The Public Ethics Law prohibits, under certain circumstances, (i) present and former officials and employees of State agencies, or (ii) businesses in which those persons or their close relations hold employment or economic interests, from submitting bids or proposals, negotiating for themselves or others, or entering into contracts with the State. In the event a violation of the Maryland Public Ethics

Law occurs in connection with a Vendor's response to this solicitation or a resulting contract award to a Vendor, the University reserves the right to reject the proposal or declare an event of default of the contract awarded to the Vendor. Any Vendor with concerns about compliance with the Maryland Public Ethics Law is encouraged to contact the State Ethics Commission for more information.

12. Rights in Inventions. For the consideration payable under this Contract, Vendor agrees to report any invention arising out of the Work required by this Contract to UMB. UMB shall have sole right and authority to seek statutory patent protection under United States and foreign patent laws and to enjoy the benefits of ownership of the invention, whether or not the invention was required of the Vendor as part of the performance of Work. Vendor hereby assigns all right, title and interest in and to inventions made in the course of the Work to UMB and agrees to execute and deliver all documents and do any and all things necessary and proper to affect such assignment.

13. Copyrights. For the consideration payable under this Contract, the work product required by this Contract shall be considered a work made for hire within the meaning of that term under the copyright laws of the United States, applicable common law and corresponding laws of other countries. UMB shall have sole right and authority to seek statutory copyright protection and to enjoy the benefits of ownership of the work.

The party performing the work hereby assigns all right, title and interest in and to the work to the UMB.

14. Acknowledgement of Addenda. If it becomes necessary to revise any part of the solicitation, addenda will be posted to the eMaryland

Marketplace Advantage (eMMA) at https://emma.maryland.gov . It is the responsibility of the bidder to check the website frequently until the opening date for addendums, amendments, and changes. A written acknowledgement of the receipt of all amendments, addenda, and changes issued shall be required from all vendors submitting a bid.

15. Conflict of Interest. An individual or a person that employs an individual who assists the University 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 request for proposals 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.

16. Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. ("HIPAA") and Maryland Confidentiality of Medical

Records Act (Annotated Code of Maryland, Health – General Article '4-301 et seq. ("the Act"). Contractor acknowledges that the University of Maryland Baltimore is a HIPAA hybrid covered entity. Contractor agrees that Contractor's access to and use of protected health information (as that term is defined by HIPAA), if any, under this Agreement will be conducted in accordance with the requirements of the Act and HIPAA, including the terms of a HIPAA Business Associate Agreement if so, required by UMB. Such Business Associate Agreement is either attached hereto as Schedule H or Contractor shall promptly execute such Business Associate Agreement upon the University's request.

Contractor shall also cause any subcontractor, agent, or party under Contractor's direction or control that is participating in this Agreement to promptly execute a standard HIPAA Business Associate Agreement if so, requested by UMB.

Rev. February 2018 1

SCHEDULE A

UNIVERSITY OF MARYLAND, BALTIMORE

STANDARD TERMS & CONDITIONS

1. Anti-Bribery. Contractor warrants that neither it nor any of its officer, directors, partners, or employees who are directly involved in obtaining or performing Contracts with any public body has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the federal government or has engaged in conduct since July 1, 1977, which would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any state or the federal government.

2. Compliance with Laws. Contractor hereby represents and warrants that:

a. It is qualified to do business in the State of Maryland (whether a domestic business or a foreign corporation subject to registration under the Corporations and Associations Article of the Maryland Annotated Code) and that it will take such action as, from time-to-time hereafter, may be necessary to remain so qualified;

b. It is not in arrears with respect to the payment of any moneys due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract.

c. It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract, including but not necessarily limited to: Maryland Building Codes, Americans with Disabilities Act, and the Maryland Occupational Safety and Health Act and related regulations; and

d. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

3. Contractor’s Invoices. Contractor shall include its Taxpayer Identification Number on the face of each invoice billed to the University. If a Purchase Order document is issued, the Purchase Order Number must be included.

4. Delivery and Acceptance. Delivery shall be made in accordance with the solicitation specifications. The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond Contractor’s control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The University reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Materials shall be delivered FOB to the point or points specified in the bid or proposal, on the date either agreed to in advance or specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications may be rejected. Rejected materials shall be promptly replaced.

If Contractor fails to promptly replace rejected materials, the University reserves the right to purchase replacement materials in the open market.

Contractor shall be liable for costs to replace materials incurred by the University which exceed the bid proposal price, including expenses such as, but not necessarily limited to, shipping and delivery, if any.

5. Disputes. Pending resolution of a claim, Contractor shall proceed diligently with the performance of the Contract in accordance with the Procurement Officer’s decision.

6. Drug and Alcohol-Free Workplace. Contractor warrants that Contractor shall comply with COMAR 21.11.08 (Drug and Alcohol-Free Workplace), and that Contractor shall remain in compliance throughout the term of this Contract.

7. Indemnification. The University shall not assume any obligation to indemnify, hold harmless, or pay attorneys’ fees that may arise from or in any way be associated with the performance or operation of this Contract.

8. Intellectual Property. Contractor agrees to indemnify and save harmless the University, its officers, agents and employees with respect to any claim, action, costs, or judgment for patent infringement, or trademark or copyright violation arising out of purchase of use of materials, supplies, equipment or services covered by this Contract.

9. Modifications and Amendments. This Contract may be amended with the consent of both parties. Amendments may not change significantly the scope of the Contract.

10. Non-Discrimination in Employment. Contractor agrees to (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, sexual orientation, general identification, marital status, national origin, ancestry, genetic information or any otherwise unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in nature and extent so as to reasonably preclude the performance of the employment, or the individual’s refusal to submit to a genetic test or make available the results of a genetic test; (b) to include a provision similar to that contained in subsection (a) above in any underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause.

11. Non-Hiring of Officials and Employees. No official or employee of the State (as defined under General Provisions Article § 5-502) whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract shall, during the pendency or term of this Contract and while serving as an official or employee of the State, become or be an employee of Contractor or any entity that is a subcontractor on this Contract.

12. Payment of State Obligations. Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments to Contractor pursuant to this Contract shall be made no later than 30 days after the University’s receipt of a proper invoice from Contractor. Contractor may be eligible to receive late payment interest at a rate of 9% per annum if:

(1) Contractor submits an invoice for the late payment interest within 30 days after the date of the State’s (or University’s) payment of the amount on which the interest accrued; and

(2) A Contract claim has not been filed under State Finance and Procurement Article, Title 15, Subtitle 2, Annotated Code of Maryland.

The University is not liable for interest: (1) Accruing more than one year after the 31st day after the University receives the proper invoice; or (2) On any amount representing unpaid interest. Charges for late payment of invoices are authorized only as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland.

13. Policies and Procedures. The USM Procurement Policies and Procedures in effect on the date of execution of this Contract are applicable to this Contract.

14. Political Contribution Disclosure. Contractor shall comply with Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a procurement Contract with the State, a county, or a municipal corporation or other political subdivision of the State, during a calendar year in which the person receives a Contract with a governmental entity in the amount of $200,000 or more, shall file with the State Board of Elections statements disclosing (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contribution in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections

(a) before execution of a Contract by the State (or University), a county, a municipal corporation or other political subdivision of the State, and shall cover the 24 months prior to when a Contract was awarded; and (b) if the contribution is made after the execution of a Contract, then twice a year, throughout the Contract term, on or before (i) May 31, to cover the 6 month period ending April 30;…