LABOR-FY2024-008 - ConferencingRoom Upgrade.pdf

STATE OF MARYLAND

DEPARTMENT OF LABOR (LABOR)

INVITATION FOR BIDS (IFB)

VIDEO CONFERENCE UPGRADES

LABOR FY2024-008

ISSUE DATE: MARCH 21, 2024

NOTICE TO BIDDERS

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.

Video Conference Upgrade - LABOR FY2024-008 IFB Document

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: Video Conferencing Upgrades Solicitation No: LABOR FY2024-008

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: ________________________________________________________________

STATE OF MARYLAND

DEPARTMENT OF LABOR (LABOR)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Video Conferencing Upgrades for Workforce Development Program Conference Room

Solicitation Number: LABOR FY2024-008

IFB Issue Date: March 21, 2024

IFB Issuing Office: Department of Labor (LABOR)

Procurement Officer: Regina Gachuhi 1100 N. Eutaw Street, Room 101 Baltimore MD 21201 e-mail:

Office Phone:

Regina.Gachuhi2@maryland.gov 410-767-2650

Bids are to be sent to: Proposals will be accepted through the State's eMaryland Marketplace Advantage (eMMA) e-Procurement system.

Instructions on how to submit proposals electronically can be found at:

https://procurement.maryland.gov/wp-content/uploads/sites/12/2019/08/5-eMMA-QRG-Responding-to-Solicitations-Double-Envelope-v2.pdf

Pre-Bid Conference: A Pre-Bid Conference and Site Visit will be held on:

Tuesday, April 2nd, 2024, 10am to 12pm.

The Pre-Bid Conference site address is:

Professional Outplacement Assistance Center (POAC) - Workforce Development & Adult Learning 1306 Concourse Drive Linthicum Heights, MD 21090

Questions Due Date and Time

Friday, March 29th, 2024, by 3pm

Bid Due (Closing) Date and Time:

Friday, April 12, 2024, at 2pm Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Bid Opening will be virtual by LABOR

1100 N. Eutaw Street, Baltimore, MD 21201 – Bid opening will be virtual.

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal:

0%

Contract Type: Fixed Price

Contract Duration: The Contract shall start from the date of full contract execution by the parties. The Contract duration shall end after the setup, installation and training is completed to the satisfaction of the customer. The awarded bidder will provide a two-week duration after setup for customers to call the Contractor for any concerns or questions.

Primary Place of Performance:

Professional Outplacement Assistance Center (POAC) - Workforce Development & Adult Learning 1306 Concourse Drive Linthicum Heights - MD 21090

SBR Designation: No

Federal Funding: Yes

TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 Invoicing

3.3 Liquidated Damages

3.4 Insurance Requirements

3.5 Security Requirements

3.6 Problem Escalation Procedure

3.7 SOC 2 Type 2 Audit Report

3.8 Work Orders

3.9 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds .......................................................................................... Error! Bookmark not defined.

4.39 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery ...................................................................................... Error! Bookmark not defined.

5.6 Documents Required upon Notice of Recommendation for Contract Award . Error! Bookmark not defined.

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. Abbreviations and Definitions

Appendix 2. Bidder Information Sheet ................................................. Error! Bookmark not defined.

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

As part of the determination to be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1.1.1 The Bidder shall provide equipment, cabling, and installation in accordance with industry best-practices. As proof of meeting this requirement, the Bidder shall provide with its Bid a Current Letter of Authorization from the Manufacturer to supply and install conference room hardware. The Letter of Authorization shall be on the manufacturers or equipment and tool distributor’s letterhead. Each Letter of Authorization shall be current or less than twelve (6) months old and provide the following information for the manufacturer or distributor:

The Bidder shall have five (5) years of experience installing video conferencing solutions providing multiple conference room set up utilizing different equipment.

As proof of meeting this requirement, the Bidder shall provide with its Bid three (3) references from the past two (2) years.

1.1.2 The Bidder shall be certified by the Maryland Insurance Administration. As proof of meeting this requirement, the bidder shall provide with its bid a current certificate issued by the Maryland Insurance Administration evidencing the bidder’s certification. The Bidder’s insurance will protect against any accidents to the building and equipment, State personnel and bidder’s employees.

1.1.3 The bidder shall provide with its Bid the anticipated period of time it will take to set up, install and complete the conference room work.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Labor wants to upgrade conference room spaces. The

Department’s Workforce Development Program (WDP) works to help Maryland residents who have been displaced from their jobs to find employment. As part of this work, this office holds both in person and virtual training sessions. Currently the large conference room does not have any video conference capabilities and in-person sessions held in that room cannot be broadcast virtually. The goal is to be able to have in person training in that large conference room and be able to share that training over Google Meet/Team/Zoom virtual conferencing. The second small conference room has no conference capabilities, and the office would like the ability to use that for virtual meetings as well.

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 4.9 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:

a) Shall constitute Contracts between the Contractor and that entity;

b) Shall not constitute purchases by the State or State agencies under the

Contract;

c) Shall not be binding or enforceable against the State; and

d) 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

WDP works significantly in preparing Maryland residents who have been displaced from their jobs by assisting Maryland residents to find employment. The plan comprises of conference room hardware and Dell small form factor PC to be mounted behind existing conference room monitors to minimize clutter and reduce the need to plug in laptops with existing HDMI Cables.

Accomplishing this plan will provide less disruptive environment for customers and staff that will bring about a smooth-running conference environment.

The Department of Labor (LABOR) 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 Labor. The tasks of LABOR Workforce Development Program involves numerous trainings and coaching conference activities, daily.

The Program is working to improve presentations, therefore requiring the purchase of new conferencing hardware and installation services. These activities will help:

1) To meet the project scope of work the contractor will supply, deliver, and install all equipment and materials needed to complete the installation.

2) Provide and coordinate installation schedule.

3) The project scope of work will not be modified or changed. The State scope of work requirements set in this IFB will be adhered to and no extra cost will be charged after the contract has been awarded, otherwise the contract will be nullified.

2.2.1 State Staff and Roles

a) In addition to the Procurement Officer and Contract Monitor, the State is responsible for providing required information, on conference set up rooms, environment to facilitate the Contractor’s performance of the work, and will provide such additional assistance and services as are specifically set forth herein.

2.3 Responsibilities and Tasks

The conference room area has two (2) rooms: A very large training room with a wall divider that can be pulled across and a second smaller training room. The hardware is being added to existing training/conference rooms that have multiple 65” LG Monitors with AV distribution/switching functionality from a previous vendor installation. The large training room/conference room has a divider that can be pulled across so that there will be a Poly conference solution on each side of the room and a third one along the back wall to capture training use cases where the speaker will be in the front of the room and speaking to the participants locally and remotely. There is a second medium-sized conference room that only needs a single studio USB conference solution.

The first large conference room has (3) 65” LG Monitors mounted on the wall across the front of the room. Hanging down from the back of one of the screens, there is a single HDMI cable for connecting a computer and a simple HDMI distribution splitter for feeding that signal to multiple monitors simultaneously. There is a soft divider that can be extended to separate this into two smaller rooms.

Three of the Poly Studio Conference bars will be installed in the first large conference room. Two across the front and one across the back wall. There will be two (2) existing Dell Small form factor PCs that will need to be wall mounted behind two of the monitors in this room. One Dell PC on the far-right monitor, and one on the left side monitor. These need to be easily accessible for turning on/off. One front wall mounted Poly Studio will connect to the Dell PC that is paired with the far-right side monitor.

The other Poly Studio will be connected to the Dell PC that is paired with the left side monitor. It will be necessary to select between the front or back Poly Studio conference bars (the Poly Studio conference bars connect via USB) for Windows-based video conferencing.

Currently the second small conference room has a single 65” LG Monitor and a HDMI cable that hangs down for connection to a laptop. One Poly Studio conference bar will be installed in the small conference room across the front wall. One Dell small form factor PC will be mounted behind this monitor. Poly Studio will connect to this PC via USB. There must be an easy way to switch HDMI inputs between the HDMI wall plate and the Dell PC attached to the Monitor. This room does not need AV routed to it from the large conference room.

Contract Conference Room Setup Specifications and Features:

The Contractor will provide:

1. Four (4) Poly Studio Conference Soundbar with a two (2)-year extended Warranty

2. Four (4) Poly Studio wall mounts

3. A sliding/movable solution for one of the Poly Studio to be mounted at the back of the large conference room to clear the soft divider when closed.

4. All necessary cables to integrate Poly Studio equipment with existing Monitors and

Computers

5. A HDMI Auxiliary Wall jack for each Monitor

6. The necessary switching hardware to select between the auxiliary HDMI wall jacks and PC’s Attached to each Poly Studio for Conference connectivity in each room.

7. The necessary switching hardware to choose from the front mounted Poly Studio and back wall mounted Poly Studio for the left side of the conference room and the 65” screens located there and the PC they are both connected to via USB.

8. The necessary touch screen control system for both rooms to route video signals between screens/inputs (in their respective rooms)

9. Wall mounting for each of the Poly Studio Conference bars

10. All necessary AV Integration into the existing PC’s and existing monitors in the conference rooms.

11. Include any necessary additional power cables as needed.

12. Include any necessary additional HDMI/Video Cables as needed.

13. Include any necessary peripherals/adapters/equipment as needed.

14. Include any necessary mounting hardware for wall mounted equipment.

15. Remove any old cabling/equipment as necessary during the installation and leave it at the location for inventory purposes.

16. Site surveys will be available so vendors can see the rooms and quote accordingly.

17. The contractor will provide any additional necessary equipment/accessories/installation identified during the site survey to meet the requirements.

18. The contractor will specify equipment to the best of their ability that can be easily mounted and hidden behind the existing wall-mounted monitors.

19. Provide training to the Maryland Department of Labor (LABOR) staff on the full operation of the system for each room.

20. Provide an electronic and physical reference guide on how to operate the solution for each room.

21. Install data cabling, conference room phone, cameras, quantity of four (4) studio USB Bars with 2-year extended warranty Part # 7200-85830-001

22. The Department will provide Dell eQuote to the vendors with State PCs exact specifications during their site visit for the PCs or it can be emailed to the vendor.

The quote will be for three (3) Dell OptiPlex 7010 Micro VESA wall mounts or recommended 3rd party solution to meet requirements. The State Department of Information Technology (DoIT) customizes all PCs with an image that allows access to PCs to Technical personnel to troubleshoot problems later after PCs are set up.

This image set up will be completed at the Department’s office at 1100 N. Eutaw Street by the (IT) Information Technology technicians. They will also be the ones who will set up the PCs for the conference room described in this IFB. The bidder will, therefore, ship the PC's directly from Dell or arrange to have the PCs shipped directly to 1100 N. Eutaw Street.

23. Additional Cabling/Installation/accessories as bidder assessment during site survey finds necessary to meet the requirements.

24. Power/Data connectivity to Dell PC as necessary

25. Include any necessary additional hardware for mounting equipment (one Polycom unit may need an adjustable arm due to the back wall location)

26. Include any necessary additional power cables.

27. Include any necessary additional USB Switching units.

28. Integrate all new equipment with existing wall mounted monitors for proper operation.

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.2 Invoicing

3.2.1 General

a) The Contractor shall e-mail the original of each invoice and signed authorization to invoice, to the Contract Monitor, Suja Joseph at Suja.Joseph@Maryland.gov and Accounts Payable at e-mail address: dllr.accountspayable@maryland.gov.

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Goods or services provided;

10) Amount due; and

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

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

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

Any action on the part of the Department, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15- 215 through 15-223 and with COMAR 21.10.04.

mailto:dllr.accountspayable@maryland.gov

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

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

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

3.2.2 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

a) For items of work for which there is one-time pricing (see Attachment B –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.

3.2.3 For the purposes of the Contract an amount will not be deemed due and payable if:

a) The amount invoiced is inconsistent with the Contract;

b) The proper invoice has not been received by the party or office specified in the Contract;

c) The invoice or performance is in dispute, or the Contractor has failed to otherwise comply with the provisions of the Contract;

d) The item or services have not been accepted;

e) The quantity of items delivered is less than the quantity ordered;

f) The items or services do not meet the quality requirements of the Contract;

g) If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

h) If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

i) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

3.2.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.3 Liquidated Damages

3.3.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.3.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.4 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:

3.4.1 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) 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.”

c) 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.

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

3.4.2 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.

3.4.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing if policies are 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.

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

3.4.5 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.

3.4.6 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.

3.5 Security Requirements

The following requirements are applicable to the Contract:

3.5.1 Employee Identification

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

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

c) Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein.

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

3.5.2 Security Clearance / Criminal Background Check

A security clearance is not required for Contractor Personnel assigned to the Contract.

3.5.3 On-Site Security Requirement(s)

a) Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

3.5.4 Information Technology

(a) Contractors shall comply with and adhere to the State IT Security Policy and

Standards. These policies may be revised from time to time and the Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword:

Security Policy.

(b) The Contractor shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to http://www.doit.maryland.gov/ obtain approval by the State to connect Contractor-owned equipment to a State

LAN/WAN.

The Contractor shall:

1) The Contractor, and Contractor Personnel, shall (i) abide by all applicable federal, State, and local laws, rules and regulations concerning security of Information Systems and Information Technology and (ii) comply with and adhere to the State IT Security Policy and Standards as each may be amended or revised from time to time. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword:

Security Policy.

3.5.5 Data Protection and Controls

A. To ensure appropriate data protection safeguards are in place, the Contractor shall implement and maintain the following controls at all times throughout the Term of the Contract (the Contractor may augment this list with additional controls):

1) Ensure that State data is not comingled with non-State data through the proper application of compartmentalization Security Measures.

2) Ensure Contractor’s Personnel shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State, which may be revoked at any time for any reason. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the State to connect Contractor -owned equipment to a State LAN/WAN.

3.6 Problem Escalation Procedure

3.6.1 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.

3.6.2 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.

3.6.3 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.

3.6.4 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.

3.7 SOC 2 Type 2 Audit Report

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

3.8 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.9 Additional Clauses

3.9.1 The State of Maryland’s Commitment to Purchasing Environmentally Preferred

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

3.9.2 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

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

4 Procurement Instructions

4.1 Pre-Bid Conference

4.1.1 A pre-bid conference and site visit (Conference) will be held on February____________, 2024, from 10am to 12pm. Please see Key Information Section at the beginning of the IFB for location site of the pre-bid address.

4.1.2 The contact information for the person onsite is: Suja Joseph; email address:

Suja.Joseph@Maryland.gov, Phone Number (410) 609-7125. Please write an email to Suja.Joseph@Maryland.gov, Phone Number (410) 609-7125; or write to Procurement Officer, Regina.Gachuhi2@Maryland.gov.

4.1.3 All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids. A site visit is required to the site address where the conference room is located. The site visit will be for each vendor independently, so you need to honor your scheduled time. You will be notified in advance to select your time availability on the open slots. If the open slot is taken, you will be required to select another time.

4.2 eMaryland Marketplace Advantage (eMMA)

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

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

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

4.3 Questions

4.3.1 All questions shall identify in the subject line, the Solicitation Number and Title

(LABOR FY2024-008 – Workforce Development Conference Room setup and shall be submitted in writing via e-mail to the Procurement Officer Regina.Gachuhi2@Maryland.gov at least five (5) days prior to the Bid due date or 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.

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

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

4.4 Procurement Method

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

COMAR 21.05.02.

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

4.5 Bid Due (Closing) Date and Time

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

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

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.5.4 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.

4.5.5 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.

4.5.6 Bids may NOT be submitted by e-mail. Bids will be opened publicly at the date and time indicated on the Key Information Summary Sheet.

4.5.7 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).

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids

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

4.7.1.2 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.

4.8 Confidentiality of Bids / Public Information Act Notice

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

Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

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

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

4.9 Award Basis

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

Bidders must bid on all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. See IFB Section 6 for Bid evaluation and award information.

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

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.11 Duration of Bids

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

4.12 Revisions to the IFB

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

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

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

4.13 Cancellations

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

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

COMAR 21.01.03.01.A(4).

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

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.14 Incurred Expenses

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

4.15 Protest/Disputes

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

4.16 Bidder Responsibilities

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

4.16.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this IFB (see Section 4.26 “MBE Participation Goal” and Section 4.27 “VSBE Goal”).

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

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

4.17 Acceptance of Terms and Conditions

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

4.18 Bid/Proposal Affidavit

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

4.19 Contract Affidavit

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment N of this IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

4.20 Compliance with Laws/Arrearages

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

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

4.21 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

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

4.22 False Statements

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

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

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

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

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

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

Section 4.22.1.

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

4.23 Payments by Electronic Funds Transfer

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

4.23.1 Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

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