Maryland Correctional Institution - Hagerstown Generator Repairs.pdf

Maryland Correctional Institution – Hagerstown Generator Repairs Solicitation #BPM042468

IFB Document

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STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY &

CORRECTIONAL SERVICES

(DPSCS)

INVITATION FOR BIDS (IFB)

Maryland Correctional Institution – Hagerstown (MCI-H) Generator

IFB NUMBER: BPM042468

ISSUE DATE: March 14, 2024

NOTICE

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

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

See Section 4.2

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED

TO RESPOND TO THIS SOLICITATION

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NO BID NOTICE/VENDOR FEEDBACK FORM

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Sheet below for contact information).

Title: Maryland Correctional Institution - Hagerstown Generator Repairs Solicitation No: BPM042468

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 of Maryland is simply too complicated. (Explain in REMARKS section.)

☐ We cannot be competitive. (Explain in REMARKS section.)

☐ Time allotted for completion of the Bid/Proposal is insufficient.

☐ Start-up time is insufficient.

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

☐ Bid/Proposal 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:

Email Address:

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STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL

SERVICES (DPSCS)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Maryland Correctional Institution - Hagerstown Generator Repairs

Solicitation Number: BPM042468

IFB Issue Date: March 14, 2023

IFB Issuing Office: Department of Public Safety & Correctional Services (DPSCS)

Procurement Officer: Michael Negley e-mail:

Office Phone:

mike.negley@maryland.gov 443-742-7823

Contract Monitor: Terry Hefner Terry.heffner@maryland.gov 443-895-9776

Bids are to be sent to: All bids are to be submitted through eMaryland Marketplace Advantage under solicitation BPM042468

Site visit: March 21, 2024 at 10:00AM (Eastern Standard Time Maintenance building at: 18419 Roxbury Road Hagerstown, Maryland 21740

Questions Due Date and Time March 25, 2024 at 10:00AM (Eastern Standard Time)

Bid Due (Closing) Date and Time:

March 28, 2024 at 2:00PM (Eastern Standard Time) Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal: No Goal

VSBE Subcontracting Goal: No Goal

Contract Type: Firm Fixed Price

Contract Duration: 30 days from award date

Primary Place of Performance:

Maryland Correctional Instituiton - Hagerstown 18601 Roxbury Road Hagerstown, Maryland 21746

SBR Designation: No

Federal Funding: No

ALL INQUIRIES PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED TO

THE PROCUREMENT OFFICER IDENTIFIED ABOVE.

https://emma.maryland.gov/ https://emma.maryland.gov/

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SECTION 1 - SPECIFICATIONS

1.1 OBJECTIVE

The Maryland Department of Public Safety and Correctional Services (DPSCS or Department) is soliciting bids to procure the following:

The services of a Contractor to provide all transportation, labor, supervision, equipment, tools, parts and materials necessary to repair a leaking radiator on a Caterpillar model SR4 standby generator at the Maryland Correctional Institution – Hagerstown (MCI-H) located at 18601 Roxbury Road, Hagerstown, Maryland, 21746.

Work required will be in accordance with the specifications set forth in the “Scope of Work” for this project, in addition to being under the general supervision of MCI-H staff.

1.2 BASIS OF AWARD

This procurement is being conducted under Small Procurement Regulations as set forth in Code of Maryland Regulations (COMAR) 21.05.07. The basis of award shall be the most favorable bid price.

In the event of tie bids, the provisions of COMAR 21.05.02.14 shall determine the successful bidder.

1.3 TERM OF CONTRACT

Work shall be completed within thirty (30) days of the contract award.

Contract will remain in effect for the time period and quantity specified unless the contract is terminated by the State as set forth in Section 2.8 through 2.10.

1.4 BID SUBMITTAL INFORMATION

All bids, affidavits, and/or responses to attachments shall be submitted through eMaryland Marketplace Advantage (eMMA) under the eMMA solicitation number listed on the Key Information Sheet. Bids shall be uploaded into eMMA by the due date and time for consideration.

Multiple or alternate bids will not be acceptable unless otherwise stated in the solicitation documents.

1.5 eMARYLAND MARKETPLACE ADVANTAGE

Each Bidder is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number on the bid form at the time of its submission to this IFB.

In order to submit a bid and / or to receive a contract award, a vendor must be registered on eMMA.

Registration is free. Go to https://emma.maryland.gov/page.aspx/en/usr/login, click on “Register” to begin the process, and then follow the prompts.

1.6 SCOPE OF WORK / DETAILED SPECIFICATIONS

At a minimum, the Contractor shall meet the following specifications to repair a Caterpillar model SR4 stand-by generator:

https://emma.maryland.gov/page.aspx/en/usr/login

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1.6.1 Safety Preparations: Lock out the generator, and disconnect batteries, charger, and AC receptacles to ensure safety.

1.6.2 System Preparation: Drain the cooling system. Remove cooling system components, fan guards, and shrouding for access to the radiator.

1.6.3 Radiator Maintenance: Disassemble the radiator, clean all parts, and prepare for new gaskets.

1.6.4 Radiator Assembly: Provide a new radiator core. Assemble it with new gaskets and hardware to the tanks. Reconnect fittings, and replace engine belts, radiator hoses (upper and lower), and hose clamps with new ones.

1.6.5 System Restoration: Reconnect the AC receptacles, charger, and batteries. Refill with new coolant and pressure test the cooling system. Run a test for proper operation.

1.7 RESPONSIBILITIES AND TASKS

1.7.1 All work shall be performed during normal working hours between the hours of 7:00am and 3:00pm; Monday through Friday. Work shall not be performed before or after working hours, on weekends, or on State observed holidays, unless approved in advance and by writing by the Contract Monitor. The Contractor shall coordinate all daily activities with the Contract Monitor.

1.7.2 All equipment, materials, and work performed shall comply with this specification, the Occupational Safety and Health Administration (OSHA) and any other federal, state, and local laws that may apply. The Contractor shall be responsible for ensuring that all work performed meets regulatory standards and permit requirements, and is performed to the complete satisfaction of the State.

1.7.3 The Contractor shall provide all submittals, certifications, and qualifications for approval prior to the start of the contract.

1.7.4 No work shall be done in occupied areas without approval from the Contract Monitor or its designee.

1.7.5 The Contractor shall be responsible for securing the work area and providing all necessary safety supplies and safeguards. Every precaution at all times should be considered for the protection of persons who may come onto the work site and for the protection of State employees. The Contractor shall take every precaution to continuously maintain adequate protection of all their work from damage and shall protect State property from damage arising from the performance of this contract.

1.7.6 The Contractor shall not store materials or equipment on State property without the approval of the Contract Monitor and facility. The Contractor shall only use new original equipment manufacturer parts or authorized replacement parts for any work performed under this solicitation, and all materials must meet the specifications and industry standards for the application at hand. Use of used parts is strictly prohibited.

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1.7.7 The Contractor shall guarantee the complete installation and all contractor supplied equipment to be free from all mechanical defects for the period of two (2) years, beginning from the date of final acceptance of the work by the facility management.

1.7.8 The Contractor shall maintain a neat and hazard free work area. All materials and equipment must be cataloged in the beginning and at the end of each work day, and stored in a designated and secured area.

1.7.9 The Contractor shall conduct thorough inspections at the end of each workday to ensure the worksite remains clean and free of loose debris.

1.8 PRE-BID INSPECTION

1.8.1 A pre-bid inspection will be held at the date, time, and location indicated on the Key Information Summary Sheet. Attendance at the pre-bid inspection is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their bids. All interested parties are responsible for all field measurements related to this project.

1.8.2 By attending the pre-bid inspection, interested parties may thoroughly familiarize themselves with all existing conditions, check drawings and specifications and satisfy themselves as to the nature and extent of all work described. The Contractor will be responsible for all field measurements pertinent to the project and is expected to be prepared to execute a finished job in every detail without extra charge.

1.9 SITE SECURITY

1.9.1 Security measures under the general directions of agency maintenance manager shall be observed. For the purposes of this project, the contractor is expected to cooperate fully with the agency authorities and policies to permit the security of the agency to be maintained at all times.

1.9.2 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.

1.9.3 On-Site Security Requirements

For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

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a) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

b) Some State sites, especially those premises of the Department of Public Safety and Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

b) Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the Department of Public Safety & Correctional Services may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the Department of Public Safety & Correctional Services.

c) Further, 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.

d) All Contractor Personnel who enters the premises of a facility under the jurisdiction of the Department of Public Safety and Correctional Services shall be escorted to and from the worksite by a State employee.

1.10 INVOICING AND PAYMENTS

All invoices submitted shall meet the definition of a Proper Invoice, as defined in COMAR 21.06.09.02.

Failure to provide a Proper Invoice may result in delayed payment.

The first page of the invoice shall include:

• Contractor name;

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social

• security number);

• Contract Monitor’s name;

• State assigned Blanket Purchase Order number or Purchase Order number.

Invoices shall include the following additional information:

• Remittance address;

• Invoice period;

• Invoice date;

• Invoice number

• State assigned Contract number;

• Services provided; and

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• Amount due.

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 in the event that the Contractor otherwise materially 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 21.10.02.

All invoices are to be submitted to the following email address or email address:

DPSCS.accountspayable@maryland.gov

1.11 NO BID NOTICE

The Department is committed to providing solicitations that are readily and easily responded to. If you choose not to respond to this solicitation, please fill out the form provided in this solicitation and email it to the Procurement Officer indicated in the key information sheet. We will review your responses and suggestions.

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK

mailto:DPSCS.accountspayable@maryland.gov

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SECTION 2 – MANDATORY TERMS AND CONDITIONS

2.1 PURCHASE ORDER NUMBER

This purchase order number must be shown on all related invoices, delivery memoranda, bills, packages, and/or correspondence.

2.2 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and amendments thereto will be made a part of the final contract which will be in the form of a blanket purchase order (“BPO”) or purchase order (“PO”).

2.3 TAX EXEMPTION

The State is generally exempt from Federal excise taxes, Maryland sales and use taxes, and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

2.4 SPECIFICATIONS

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

2.5 DELIVERY AND ACCEPTANCE

2.5.1 Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The State unilaterally may order in writing the suspension, delay or interruption of performance hereunder.

2.5.2 The State reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal.

Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced.

2.5.3 The State reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

2.6 NON-HIRING OF EMPLOYEES

No employee of the State or any department, commission, agency or branch thereof whose duties as such employee include matters relating to or affecting the subject matter of this contract shall, while so employed, become or be an employee of the party or parties hereby contracting with the State or any unit thereof.

2.7 NONDISCRIMINATION

The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

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2.8 FINANCIAL DISCLOSURE

The Contractor shall comply with State Finance and Procurement Article, §13-221, Annotated Code of Maryland which requires that every business that enters into contracts, leases, or other agreements with the State of Maryland and receives in the aggregate $100,000 or more during a calendar year shall, within 30 days of time when the $100,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business.

2.9 POLITICAL CONTRIBUTION DISTRIBUTION

The Contractor shall comply with the provisions of Article 33, Sections 30-1 through 30-4, Annotated Code of Maryland which require that every person that enters into contracts, leases, or other agreements with the State of Maryland or a political subdivision of the State, including its agencies, during a calendar year under which the person receives in aggregate $10,000 or more, shall on or before February 1 of the following year file with the Secretary of State certain specified information to include disclosure of political contributions in excess of $100 to a candidate for elective office in any primary or general election.

2.10 ANTI-BRIBERY

The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

2.11 REGISTRATION

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation, 301 West Preston St., Baltimore, Maryland 21021, before doing any interstate or foreign business in this State. Before doing any interstate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.

2.12 CONTINGENT FEES

The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide salesperson, or commercial selling agency, any fee or other consideration contingent on the making of this agreement.

2.13 EPA COMPLIANCE

Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.

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2.14 OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.)

All materials, supplies, equipment, or services supplied as a result of this contact shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards.

2.15 TERMINATION FOR CONVENIENCE

The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

2.16 TERMINATION FOR DEFAULT

If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State.

Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

2.17 TERMINATION FOR NONAPPROPRIATION

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

2.18 DISPUTES

Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

2.19 INTELLECTUAL PROPERTY

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

2.20 MARYLAND LAW PREVAILS

The law of Maryland shall govern the interpretation and enforcement of this Contract.

2.21 CONTRACTOR’S INVOICES

All copies of invoices must be forwarded directly to Accounts Payables via the email specified in the solicitation. The Contractor agrees to provide a Proper Invoice as defined by COMAR 21.06.09.01. At

IFB for Department of Public Safety and Correctional Services Page 12 of 25 a minimum, the first page of all invoices billed to the State shall include, the Contractor’s Federal Employee Identification Number or the Social Security Number for individuals and sole proprietors;

Purchase Order Number; Invoice date; Invoice number; Item or services description; Quantity delivered;

Unit cost; and Amount due.

2.22 PRE-EXISTING REGULATIONS

The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this contract are applicable to this contract.

2.23 CHANGES

This Contract may be amended only with the written consent of both parties. Amendments may not significantly change the scope of the Contract (including the Contract price).

2.24 INDEMNIFICATION

The State shall not assume any obligation to indemnify, hold harmless, or pay attorney’s fees that may arise from or in any way be associated with the performance or operation of this agreement.

2.25 CONFLICTING TERMS

Any proposal for terms in addition or different from those set forth in this purchase order or any attempt by the Contractor to vary any of the terms of this offer by Contractor’s acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price, or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor’s assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this purchase order may be waived.

2.26 DRUG AND ALCOHOL FREE WORKPLACE

The Contractor warrants that the Contractor shall comply with COMAR 21.11.08 Drug and Alcohol Free Workplace, and that the Contractor shall remain in compliance throughout the term of this purchase order.

2.27 PROMPT PAYMENT OF SUBCONTRACTORS

This contract and all subcontracts issued under this contract at any tier are subject to the provisions of State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08.

In §G(9)(a)—(d) of this regulation, the terms “undisputed amount”, “prime contractor”, “contractor”, and “subcontractor” have the meanings stated in COMAR 21.10.08.01.

A contractor shall promptly pay its subcontractors an undisputed amount to which a subcontractor is entitled for work performed under this contract within 10 days after the contractor receives a progress payment or final payment for work under this contract.

If a contractor fails to make payment within the period prescribed in §G(9)(b) of this regulation, a subcontractor may request a remedy in accordance with COMAR 21.10.08.

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A contractor shall include in its subcontracts at any tier for work under this contract, wording that incorporates the provisions, duties, and obligations of §G(9)(a)—(d) of this regulation, State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08.

2.28 ITEMS OF MERCURY CONTENT

To the extent this solicitation is for products that may contain mercury, there is a price preference for products that are mercury free. The price preference shall not exceed 5 percent of the bid price for products that are mercury free or for products containing the least amount of mercury.

2.29 COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that:

a) It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

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

c) It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and

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

e) The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

2.30 BID AFFIDAVIT

Each bidder shall execute and attach to the bid or proposal the affidavit included with this solicitation.

2.31 BLANKET PURCHASE ORDER (BPO)/ PURCHASE ORDER AS CONTRACT

2.31.1 As used in this provision, a bid refers to a bid submitted under Small Procurement Regulations

2.31.2 As used in this provision, a bidder refers to a bidder under Small Procurement Regulations.

2.31.3 As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the Maryland Department of Public Safety & Correctional Services.

2.31.4 The bidder’s execution and submission of a responsive bid constitutes a promise by the bidder to perform the contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period of 30 days or for such longer period as the bidder and the Department may agree.

2.31.5 Upon acceptance of a bid, the Procurement Officer may issue a Purchase Order (PO) and/ or Blanket Purchase Order (BPO), in a form to be determined by the Department which substantially contains the terms and conditions of the solicitation. The PO/BPO constitutes the State’s acceptance of the bid and binds the bidder to a contract. The execution and issuance of a PO and/ or BPO by the

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Procurement Officer, subject to all necessary approvals, shall constitute acceptance of the bid and final award of the contract. The contract shall consist of the executed PO and/or BPO issued by the Procurement Officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the PO and/or BPO, the bid, or by operation of law, and the executed bid of the bidder. If the Procurement Officer issues a PO and/ or BPO, at the option of the Procurement Officer it will not be necessary for the bidder to execute the PO and / or BPO or any other form of contract or agreement. The bidder understands and agrees that the terms and conditions of the BPO/PO may not be waived. The Procurement Officer may require that the parties both execute a single document as the embodiment of the contract between the parties.

2.31.6 In the event of a conflict between provisions of the contract documents, the controlling provisions shall be, in the following order, those of:

a) the PO and/ or BPO; then

b) the solicitation; and then

c) the bid.

2.32 RETURNED GOODS

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to actual unreimbursed costs incurred by the Contractor including, but not limited to, restocking charges, shipping charges, plus reasonable profit. Contractor must provide written proof of claimed compensation. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.

2.33 ADDITIONAL QUANTITIES

The State reserves the right to solicit separate bids if a particular quantity requirement arises which exceeds the State’s normal requirements as provided in the solicitation or exceeds an amount specified in this contract.

2.34 NEW MATERIALS

All items shipped pursuant to this Purchase Order shall be new, never previously used, and the current model of the item unless specifically stated otherwise in this contract.

2.35 ASSIGNMENT

This Purchase Order and the monies which may become due hereunder are not assignable except with the prior written approval of the Procurement Officer.

2.36 COMMERCIAL NONDISCRIMINATION POLICY

2.5.4 As a condition of entering into this Purchase Order, the Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under State Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or

IFB for Department of Public Safety and Correctional Services Page 15 of 25 national origin, sex, age, marital status, sexual orientation, or disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Purchase Order and may result in termination of this Purchase Order, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is no enforceable by or for the benefit of, and creates no obligation to, any third party.

2.5.5 The Contractor shall include this Section 2.30, Commercial Nondiscrimination Policy, in all subcontracts to the State contract.

2.5.6 As a condition of entering into this Purchase Order, upon the request of the Maryland

Commission on Human Relation, an only after the filing of a complaint against Contractor under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contract on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State’s Commercial Nondiscrimination Policy as set forth under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Purchase Order and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK

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ATTACHMENT A – BID SHEET

CONTRACTOR’S NAME: ______________________

CONTRACTOR’S FEDERAL ID NO.: ______________________

CONTRACTOR’S ADDRESS: ______________________

CONTACT PERSON’S NAME: ______________________

CONTRACTOR’S TELEPHONE NO.: ______________________

CONTRACTOR’S EMAIL ADDRESS: ______________________

CONTRACTOR’S MBE/ SBR NO.: ______________________

CONTRACTOR WILL SUPPLY ALL LABOR, MATERIALS, TOOLS AND EQUIPMENT

NECESSARY TO REPAIR LEAKING RADIATOR ON A CATERPILLAR MODEL SR4

STAND-BY GENERATOR.

TOTAL LUMP SUM BID PRICE FOR THIS JOB $

This form is to be completed in its entirety without alterations, exceptions or additions.

Representing the above Company

SIGNATURE*

Print Name & Title Date

*The person signing this Bid Sheet must be an Officer of the Company, authorized to contract on behalf of the Company or another authorized person whose proof of authority is hereby attached.

(Please attach a notarized copy of said authorization to this Bid Proposal, i.e.; Corporate Resolution)

THE MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTINAL SERVICES

RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS IN WHOLE OR IN PART.

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ATTACHMENT B – BID/ PROPOSAL AFFIDAVIT

A. AUTHORITY

I hereby affirm that I, _________________________________________, (Name of Affiant) am the ____________________________________ (Title) and duly authorized representative of __________________________________ (Name of Business Entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland.

“Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Bid/proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority bid/proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Bid/proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the Bid/proposal.

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Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal.

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS

ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, Annotated Code of Maryland, which provides that a person may not:

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;

(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bid/proposal preference or a procurement contract;

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.13; or

(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of § B-2(1) -(5) of this regulation.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

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D. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of § 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)— (5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Bids/Proposals for a public or private contract;

(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract;

(9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code:

(a) §7201, Attempt to Evade or Defeat Tax;

(b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax,

(c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply

Information;

(d) §7206, Fraud and False Statements, or

(e) §7207 Fraudulent Returns, Statements, or Other Documents;

(10) Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C.

§371, Conspiracy to Defraud the United States;

(11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland;

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(12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

(i) Made in a contested case under the Maryland Administrative Procedure act; and

(ii) Not overturned on judicial review;

(13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if:

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

(i) Made in a contested case under the Maryland Administrative Procedure act; and

(ii) Not overturned on judicial review;

(14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if:

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

(i) Made in a contested case under the Maryland Administrative Procedure act; and

(ii) Not overturned on judicial review; or

(15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(1)—(14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

E. AFFIRMATION REGARDING DEBARMENT

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities, including obtaining or performing contracts with public bodies, has ever

IFB for Department of Public Safety and Correctional Services Page 21 of 25 been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person’s involvement in any activity that formed the grounds of the debarment or suspension).

F. AFFIRMATION…