K00R3600138 -Swallow Falls Ice Cream Concessions IFB - Final.pdf

STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES

INVITATION FOR BIDS (IFB)

SWALLOW FALLS STATE PARK ICE CREAM CONCESSIONS

IFB NUMBER K00R3600138

ISSUE DATE: 3/2/2023

NOTICE

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

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Swallow Falls State Park Ice Cream Concession Services

Solicitation #: K00R3600138 IFB Document

IFB for Department of Natural Resources (DNR or the “Department”)

Page ii of 64

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: SWALLOW FALLS STATE PARK ICE CREAM CONCESSIONS

Solicitation No: K00R3600138

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: ________________________________________________________________

Page iii of 64

STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Services Swallow Falls State Park Ice Cream Concessions

Solicitation Number: K00R3600138

IFB Issue Date: 3/2/2023

IFB Issuing Office: Department of Natural Resources (DNR or the “Department”)

Procurement Officer: Raelene Glasgow

Department of Natural Resources

580 Taylor Avenue B-4

Annapolis, MD 21401 e-mail:

410-260-8055

Raelene.glasgow2@maryland.gov

Bids are to be sent to: Submitted via eMMA

Pre-Bid Conference: Not Applicable

Questions Due Date and Time March 16, 2023, at 12:00 p.m.

Bid Due (Closing) Date and

Time:

March 28, 2023, at 2:00 p.m. Local Time

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

Public Bid Opening Date, Time and Location

March 28, 2023, at 2:30 p.m. Local Time

Department of Natural Resources

580 Taylor Ave., B-4

Annapolis, Maryland 21401

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Revenue Generating

Contract Duration: Five Seasons: May 15, 2023, through October 31, 2027

Primary Place of

Performance:

Swallow Falls State Park

2470 Maple Glade Road

Oakland, MD 21550

SBR Designation: No

Federal Funding: No

Page iv of 64

TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

2.4 Contract Initiation Requirements

2.5 Invoicing/Commission Payment

2.6 Liquidated Damages

2.7 Insurance Requirements

2.8 Security Requirements

2.9 Problem Escalation Procedure

2.10 SOC 2 Type 2 Audit Report

2.11 Minority Business Enterprise (MBE) Reports

2.12 Veteran Small Business Enterprise (VSBE) Reports

3 Procurement Instructions

3.1 Pre-Bid Conference

3.2 eMaryland Marketplace Advantage (eMMA)

3.3 Questions

3.4 Procurement Method

3.5 Bid Due (Closing) Date and Time

3.6 Multiple or Alternate Bids

3.7 Receipt, Opening and Recording of Bids

3.8 Confidentiality of Bids / Public Information Act Notice

3.9 Award Basis

3.10 Tie Bids

3.11 Duration of Bids

3.12 Revisions to the IFB

3.13 Cancellations

3.14 Incurred Expenses

3.15 Protest/Disputes

3.16 Bidder Responsibilities

Page v of 64

3.17 Acceptance of Terms and Conditions

3.18 Bid/Proposal Affidavit

3.19 Contract Affidavit

3.20 Compliance with Laws/Arrearages

3.21 Verification of Registration and Tax Payment

3.22 False Statements

3.23 Payments by Electronic Funds Transfer

3.24 Prompt Payment Policy

3.25 Electronic Procurements Authorized

3.26 MBE Participation Goal

3.27 VSBE Participation Goal

3.28 Living Wage Requirements

3.29 Federal Funding Acknowledgement

3.30 Conflict of Interest Affidavit and Disclosure

3.31 Non-Disclosure Agreement

3.32 HIPAA - Business Associate Agreement

3.33 Nonvisual Access

3.34 Mercury and Products That Contain Mercury

3.35 Location of the Performance of Services Disclosure

3.36 Department of Human Services (DHS) Hiring Agreement

3.37 Small Business Reserve (SBR) Procurement

4 Bid Format

4.1 One Part Submission

4.2 Labeling

4.3 Bid Price Form

4.4 Required Bid Submission

4.5 Delivery

4.6 Documents Required upon Notice of Recommendation for Contract Award

5 Bid Evaluation and Award

5.1 Bid Evaluation Criteria

5.2 Reciprocal Preference

5.3 Award Determination

5.4 Documents Required upon Notice of Recommendation for Contract Award

Page vi of 64

6 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

Attachment F. Federal Funds Attachments

Attachment G. Conflict of Interest Affidavit and Disclosure

Attachment H. Non-Disclosure Agreement (Contractor)

Attachment I. HIPAA Business Associate Agreement

Attachment J. Mercury Affidavit

Attachment K. Location of the Performance of Services Disclosure

Attachment L. Contract

Attachment M. Contract Affidavit

Attachment N. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. Bidder Information Sheet

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

To be considered responsive, the Bidder must document in its Bid that it satisfies the following

Minimum Qualifications:

1.1.1 The Bidder shall have a minimum of three (3) years of experience providing concession or retail sales services. In those three (3) years, the Bidder must have served at least 1,000 customers per year.

1.1.2 Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid three (3) references from the past 10 years that can attest to the Bidders experience serving at least 1,000 customers per year.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Natural Resources (DNR or the "Department") is issuing this Invitation for

Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the Department of Natural Resources.

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 Department intends to make a single award for the work under this IFB. See IFB Section 3.9

Award Basis for more Contract award information.

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.

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

Shall constitute Contracts between the Contractor and that entity;

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

Shall not be binding or enforceable against the State; and

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

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

2.2 Background and Purpose

The State is issuing this solicitation for the purposes of furnishing an ice cream concession at Swallow

Falls State Park. The concession operates seasonally from Memorial Day weekend to October 31 at

Swallow Falls State Park.

2.2.1 Project Goals

a) Provide sales of any applicable goods, commodities, or services which shall be pre-approved by the Contract Monitor, Park Manager or their designee.

b) The Contract does not preclude or prevent individuals and groups, using or renting park shelters, picnic areas or any other areas of the park.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State will have a

Project Manager for the term of this contract.

2.2.3 Other State Responsibilities

The State will provide a concession facility and functional equipment as described in Section

2.3.1 for Contractor performance under the Contract.

2.3 Responsibilities and Tasks

The State of Maryland, Department of Natural Resources, Maryland Park Service (hereinafter referred to as the Department) will award the privilege to a contractor (hereinafter referred to as the Contractor) to operate an ice cream concession providing soft serve or hand dipped ice cream at Swallow Falls State

Park (hereinafter referred to as the Park).

Said privilege SHALL include:

1. Sales and service of any applicable goods, commodities or services normally provided, or not normally provided at concessions of this type as approved by the Park Manager or designee.

2. The Contractor agrees not to sell or permit to be sold or consumed upon the premises herein granted for use by the Contractor any intoxicating or alcoholic beverages, shall not sell or offer for sale any product in poor taste or one which would reflect unfavorably upon the Park in any way, nor permit improper or immoral conduct on the part of its officers, employees or the general public.

3. The dispensing and service of food and other items from carts, wagons, etc., and other additional privileges not contained and enumerated herein will not be permitted without first having been approved by the Park Manager or designee.

4. The ice cream stand may provide hand dipped or soft serve ice cream. Flavors will be at the

Contractors’ discretion, with approval by the Park Manager.

Said privilege SHALL NOT include:

The preclusion or prevention of individuals and groups, using or renting park shelters, picnic areas or any other areas of the park from engaging or catering services for themselves or bringing their own food, drink and equipment to park facilities and other areas at the park, nor shall it prevent the Park Manager or designee from maintaining a concession in the camp store. This concession is operated to provide the public with a source of these items during times when the concession is not open, as well as when it is. If, however, the Contractor is able to sell the ice at the same levels of availability as is offered at the park office and camp store, the Contractor has the option to provide this service upon prior written approval of the Park Manager or designee manager.

PAYMENT BY CONTRACTOR

1) The CONTRACTOR shall maintain a daily itemized record of all cash and credit transactions by cash registers or locked recording registers, as approved by the DEPARTMENT. Said

DEPARTMENT approved cash register(s) shall utilize a customer receipt tape and a journal tape to provide a complete record of all yearly cash sales. Said DEPARTMENT approved cash register(s) shall also contain sufficient department keys to record sales by appropriate numbers of categories as applicable and a visual per item pricing display for customer use.

Item categories (as applicable) include but are not limited to prepared foods, drinks, ice, and miscellaneous.

(1) In the case of a locked recording register, the CONTRACTOR must maintain a daily recording showing total monies at the beginning of the day and total monies at the end of the day. Said locked recording register must also contain cumulative locked in totals, which must be printed on each daily tape.

(a) Should said locked recording register(s) become inoperative for any reason, the CONTRACTOR shall inform the DEPARTMENT of the final reading on the register tape (as ascertained by a repair service if necessary) and the date when the register is again put into service.

(b) While any register is being repaired, all DEPARTMENT required sales and income information shall be provided by the CONTRACTOR through the use of daily sales and income ledger records or the use of a substitute register(s), either of which are subject to the prior written approval of the

DEPARTMENT.

(2) A Monthly Summary of total gross receipts from all monetary transactions associated with this concession activity shall be submitted to the

DEPARTMENT. The term “gross receipts” shall be deemed to mean the total monies paid in dollars and cents and credit card sales to the CONTRACTOR for all goods and services associated with this contracted concession activity (less

State of Maryland sales tax). Said Monthly Summary shall display separate weekly totals for the MINIMUM, as applicable, income categories of: equipment sales, equipment rentals, equipment storage, other goods and commodity sales, at fee services, and other miscellaneous incomes for each concession operation.

(3) On or about November 1st of each year this Contract is in effect and before the last day of work of the last normal Contractual year, the CONTRACTOR shall provide to the DEPARTMENT a written detailed financial statement of the concession operation, containing total categorized calendar year-to-date gross receipts for all Contracted concessions activities. Said categorized calendar year-to-date financial statement shall use the same income categories as previously employed by the Contractor in weekly summary of gross receipts submittals to the DEPARTMENT.

DAYS AND HOURS OF OPERATION

1) The Contractor agrees to have all contracted concessions opened and in full operation for complete and suitable service to the public on all days and hours during which such

Contractor services are reasonably required by the Park Manager or designee. The following is specified as a MINIMUM:

(1) Daily complete concession operations, starting on State observed Memorial Day weekend (inclusive) and continuing uninterrupted through October 31 (inclusive) for each year this Contract is in effect.

(2) Hours for daily complete concession operations, as set out above shall be from

11:00 A.M. to 5:00 P.M. on weekdays and 10:00 A.M. to 7:00 P.M. on Fridays, Saturdays, Sundays, and holidays for the seasons noted.

(3) Upon request by the Contractor and prior written approval of the Park Manager or designee, the Contractor will be allowed to conduct any said contracted concession both before and after the dates and hours which are specified as minimum days and hours above.

(4) Requests by the Contractor to discontinue operation of any contractor-concessions or to alter any Contract-required days and hours of contracted concession operations for lack of patronage or any other reason shall be made in writing to the Park Manager or designee showing cause for said request. All such requests are subject to approval by the Park Manager or designee.

(5) The Contractor may temporarily discontinue contracted concession operations due to weather or other temporary conditions with prior approval of the Park

Manager or designee.

(6) The Park Manager or designee may terminate the contract for violation of approved operating times.

(7) The Park Manager or designee reserves the right to amend regular contracted concession operating hours by giving the Contractor thirty (30) days’ notice of such amendment(s). Such amendments will be for just cause as determined by the Park Manager or designee and may serve to increase or decrease contracted concession operating periods.

CONCESSION EMPLOYEES

1) The Contractor agrees that, during the period of operation specified, to have at least one of the responsible officers of the business operate the concession personally, or to employ sufficient and qualified help to operate the concession on a proper basis. The person in charge must be authorized to act and represent the Contractor in all matters pertaining to the operation and management of the concession which is the subject of this Contract. This contact person shall be available to communicate with the Park staff at any time.

2) Each person who is an employee or agent of the Contractor or subcontractor shall display his or her company ID badge at all times while on State premises. Upon request of authorized State personnel, each such employee or agent shall provide additional photo identification.

2.4 Contract Initiation Requirements

DNR and the awarded vendor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, the Contractor shall furnish an updated Project Schedule describing the activities for the Contractor for fully transitioning to an operable concession.

2.5 Invoicing/Commission Payment

2.5.1 General

2.5.2 Invoice Submission Schedule

The Contractor shall submit commission payment in accordance with the following schedule:

a) Commission checks are due to Rachel Zimmerman (Contract Monitor) at Herrington Manor

State Park 222 Herrington Lane, Oakland, MD 21550 by the 15th of every month. For items of work for which there is one-time pricing (see Attachment B –Bid Form) those items shall be billed in the month following the acceptance of the work by the Department.

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

2.5.3 Travel Reimbursement

Travel will not be reimbursed under this IFB.

2.6 Liquidated Damages

2.6.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

2.6.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

2.7 Insurance Requirements

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

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

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

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

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

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

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

d) Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’

Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage).

Coverage must be valid in all states where work is performed.

e) Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or

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

Maryland.

2.7.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation

Insurance and professional liability.

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

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

2.7.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the

Contractor shall provide certificates of insurance annually, or as otherwise directed by the

Contract Monitor.

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

2.8 Security Requirements

The following requirements are applicable to the Contract:

2.8.1 Employee Identification

a) Contractor Personnel shall be readily identifiable by uniform (such as logo t-shirt) 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 be issued a parking permit for use on park premises and directed to employee parking locations. Contractor personnel are not permitted to park in Day Use visitor parking area from Memorial Day to Labor Day.

c) 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.

d) 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.

e) 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.

2.9 Problem Escalation Procedure

2.9.1 The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes.

2.9.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other

State personnel as directed should the Contract Monitor not be available.

2.9.3 The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

a) The process for establishing the existence of a problem;

b) Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

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

d) Expedited escalation procedures and any circumstances that would trigger expediting them;

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

f) Contact information for persons responsible for resolving issues after normal business hours

(e.g., evenings, weekends, holidays) and on an emergency basis; and

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

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

2.10 SOC 2 Type 2 Audit Report

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

2.11 Minority Business Enterprise (MBE) Reports

If this solicitation includes an MBE Goal (see Section 4.26), the Contractor shall:

a) Submit the following reports by the 10th of each month to the Contract Monitor and the

Department’s MBE Liaison Officer:

1) A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D-4A) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and

2) (If Applicable) An MBE Prime Contractor Report (Attachment D-4B) identifying an

MBE prime’s self-performing work to be counted towards the MBE participation goals.

b) Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment D-5) by the 10th of each month to the Contract Monitor and the Department’s MBE Liaison Officer that identifies the Contract and lists all payments to the MBE subcontractor received from the

Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amounts of those invoices.

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 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.

2.12 Veteran Small Business Enterprise (VSBE) Reports

If this solicitation includes a VSBE Goal (see Section 4.27), the Contractor shall:

a) Submit the following reports by the 10th of the month following the reporting period to the

Contract Monitor and the Department VSBE representative:

1) VSBE Participation Prime Contractor Paid/Unpaid VSBE Invoice Report (Attachment

E-3) listing any unpaid invoices, over 45 days old, received from any VSBE subcontractor, the amount of each invoice and the reason payment has not been made;

and

2) Attachment E-4, the VSBE Participation Subcontractor Paid/Unpaid VSBE Invoice

Report by the 10th of the month following the reporting period to the Contract Monitor and the VSBE Liaison Officer.

b) Include in its agreements with its VSBE subcontractors a requirement that those subcontractors submit monthly by the 10th of the month following the reporting period to the Contract Monitor and Department VSBE representative a report that identifies the prime contract and lists all payments received from Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amount of those invoices (Attachment E-4).

c) Maintain such records as are necessary to confirm compliance with its VSBE participation obligations. These records must indicate the identity of VSBE and non-VSBE subcontractors employed on the contract, the type of work performed by each, and the actual dollar value of work performed. The subcontract agreement documenting the work performed by all VSBE 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 VSBE participation obligations. The Contractor must retain all records concerning VSBE participation and make them available for State inspection for three years after final completion of the

Contract.

e) At the option of the Department, 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 VSBE subcontractors.

3 Procurement Instructions

3.1 Pre-Bid Conference

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

Key Information Summary Sheet.

3.1.2 Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend 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.

3.1.3 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.

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

3.1.5 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

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

3.1.7 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 Department will make a reasonable effort to provide such special accommodation.

3.1.8 Seating at the Conference will be limited to two (2) attendees per vendor.

3.2 eMaryland Marketplace Advantage (eMMA)

3.2.1 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.

3.2.2 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.

3.3 Questions

3.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (K00R3600138 - SWALLOW

FALLS STATE PARK ICE CREAM CONCESSIONS), and shall be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified the Key Information

Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

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

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

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

3.4 Procurement Method

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

21.05.02.

3.5 Bid Due (Closing) Date and Time

3.5.1 Bids, in the number and form set forth in Section 5 Bid Format, must be received by the point of contact listed on the Key Information Summary Sheet no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

3.5.2 Requests for extension of this date or time shall not be granted.

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

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

3.5.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

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

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

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

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

3.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

3.7 Receipt, Opening and Recording of Bids

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

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

Information Summary Sheet (near the beginning of the solicitation, after the Title Page and

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

3.8 Confidentiality of Bids / Public Information Act Notice

3.8.1 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.

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

3.8.3 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.

3.9 Award Basis

3.9.1 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.

3.9.2 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.

3.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

3.11 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.

3.12 Revisions to the IFB

3.12.1 If the IFB is revised before the due date for Bids, the Department shall post any addenda to the

IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

3.12.3 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.

3.13 Cancellations

3.13.1 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.

3.13.2 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).

3.13.3 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).

3.14 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.

3.15 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).

3.16 Bidder Responsibilities

3.16.1 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.

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

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

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

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

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

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

3.17 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.

3.18 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.

3.19 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 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.

3.20 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.

3.21 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.

3.22 False Statements

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

3.22.1 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.

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

3.22.3 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.

3.23 Payments by Electronic Funds Transfer

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

3.23.1 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.

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

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

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

DX10Form20150615.pdf.

3.24 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.

3.25 Electronic Procurements Authorized

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

Electronic Transactions Act, Commercial Law Article, Title 21.

3.25.2 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.

3.25.1 “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.

3.25.2 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:

https://procurement.maryland.gov/

1) The IFB;

2) Any amendments;

3) Pre-Bid conference documents;

4) Questions and responses;

5) Communications regarding the solicitation or Bid 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.

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

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 through eMMA, but…