MIL 22-037 HVAC Repairs for Edgewood.pdf

MARYLAND MILITARY DEPARTMENT

Small Procurement Solicitation

COMAR 21.05.07

SOLICITATION NO. MIL 22-037

Issue Date: April 22, 2022

HVAC Repairs: New Controller and Electronic Expansion Valves for

Edgewood

MINORITY BUSINESSES, SMALL BUSINESSES, and VETERAN BUSINESSES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and certified in eMaryland Marketplace Advantage for the Small Business Reserve Program are eligible for award of a contract.

For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria:

A. It is independently owned and operated;

B. It is not a subsidiary of another business;

C. It is not dominant in its field of operation;

AND

D. Either:

(1) With respect to employees:

(a) Its wholesale operations did not employ more than 50 persons in its most recently completed 3 fiscal years;

(b) Its retail operations did not employ more than 25 persons in its most recently completed 3 fiscal years;

(c) Its manufacturing operations did not employ more than 100 persons in its most recently completed 3 fiscal years;

(d) Its service operations did not employ more than 100 persons in its most recently completed 3 fiscal years;

(e) Its construction operations did not employ more than 50 persons in its most recently completed 3 fiscal years; and

(f) The architectural and engineering services of the business did not employ more than 100 persons in its most recently completed 3 fiscal years;

OR

(2) With respect to gross sales:

(a) The gross sales of its wholesale operations did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;

(b) The gross sales of its retail operations did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years;

(c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;

(d) The gross sales of its service operations did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years;

(e) The gross sales of its construction operations did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and

(f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.

Note: If a business has not existed for 3 years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

Further information on the certification process is available at eMaryland Marketplace Advantage.

REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK

STATE OF MARYLAND

NO BID NOTICE

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 this completed form to the attention of the Procurement Officer (see the Key Information Sheet below for contact information).

Title: HVAC Repairs: New Controller and Electronic Expansion Valves for Edgewood Solicitation No: MIL 22-037

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: ______________________________________________________________________

E-mail Address: ________________________________________________________________

ATTENTION: PLEASE EMAIL THE COMPLETED FORM ONLY

STATE OF MARYLAND

MARYLAND MILITARY DEPARTMENT

KEY INFORMATION SUMMARY SHEET

Small Procurement Solicitation: HVAC Repairs: New Controller and Electronic Expansion Valves for Edgewood Solicitation Number: MIL 22-037

Solicitation Issue Date: April 22, 2022

Issuing Office: MARYLAND MILITARY DEPARTMENT

Procurement Officer: Shareda Holifield

Fifth Regiment Armory 29th Division Street Phone: 410-350-1967 e-mail: shareda.holifield2@maryland.gov

Informational Conference: Wednesday, April 27, 2022 at 10am Local Time and site visit: Edgewood Readiness Center/APG Building E4305, MG Warren D. Hodges Armory 8451 Nike Street Aberdeen Proving Ground, Maryland 21012

Conference/Site Visit Attendance RSVP due by: Wednesday, April 27, 2022 at 8am Local Time

Cut-off Date for Q &A: Wednesday, April 27, 2022 at 5pm Local Time

Closing Date and Time: Friday, April 29, 2022 at 2pm Local Time

Term of Service: Not to Exceed 90 Days from Date of Award

Options No

MBE Subcontracting Goal: 0 %

MBE Split Goals: N/A

VSBE Subcontracting Goal: 0 %

Small Business Reserve: Yes

Federally Funded Yes mailto:shareda.holifield2@maryland.gov

1 OBJECTIVE:

The Maryland Military Department (MMD or Department) is soliciting bids to procure the following:

A Contractor to Supply and Install Chiller #2 Electronic Expansion Valves and Replace Controller of Air Handling Unit #3 in Building 4305, MG Warren D. Hodges Armory, 8451 Nike Street, Aberdeen Proving Ground, Maryland 21012

2 BASIS OF AWARD

This procurement is being conducted in accordance with Section 13-104 of the State Finance and Procurement Article and the Small Procurement Regulations in Code of Maryland Regulations (COMAR) 21.05.07.

The basis of the award shall be the lowest responsive bid price from a responsible Bidder.

3 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 must be uploaded into eMMA by the due date and time for consideration. No late bids will be accepted.

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

4 MINIMUM QUALIFICATIONS

4.1 The Bidder shall have been in business providing the requirements of this solicitation for a minimum of one (1) year. The Bidder shall submit a minimum of two (2) references of similar projects that MMD can contact to verify this information with its bid. All references must include the following:

4.1.1 Company Name

4.1.2 Company address

4.1.3 Company phone number

4.1.4 Name of a contact person

4.1.5 Email address for the contact person

4.1.6 Date(s) and scope of work that was completed

4.2 The Bidder shall have all professional licenses required by the State of Maryland and the Federal

Government to perform the work specified in the Statement of Work (SOW). Submit copies of all professional licenses with bid documents.

Note: All individuals providing heating, ventilation, air conditioning and refrigeration services in the State of Maryland must be licensed by the Maryland Board of HVACR Contractors.

4.3 The Bidder shall maintain the following types and minimum levels of insurance coverage throughout contract performance, and shall submit copies of policies with bid:

4.3.1 Commercial general liability insurance in the amount of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury, and $2,000,000 annual aggregate. The minimum required limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

4.3.2 Worker's Compensation Insurance - 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.

Note: The Procurement Officer shall hold the insurance certificates for the duration of the Contract. The State shall have the absolute right to terminate the Contract if any insurance policy is canceled at any time for any reason, and a new policy is not obtained by the Contractor and approved by the Procurement Officer.

Unless the Procurement Officer otherwise agrees, the new policy must be effective as of the previous policy's date of cancellation. The Contractor must provide the State with notice of cancellation and the new policy within fifteen (15) days of cancellation.

5 SCOPE of WORK (SOW)

5.1 General Information:

5.1.1 The MMD is issuing this Small Procurement Solicitation to provide all labor, materials, and supplies necessary to supply and install two new electronic expansion valves (EXV) and replace controller of air handling unit (AHU) #3 in Building 4305, MG Warren D. Hodges Armory, 8451 Nike Street, Aberdeen Proving Ground, Maryland 21012 as per the specifications stated below.

5.1.2 The MMD intends to make a single award as a result of this IFB.

5.1.3 The MMD strongly recommends each Contractor attend the informational conference and the site visit if offered.

5.1.4 Each Contractor shall be permitted to examine the site, familiarize themselves with the full nature and extent of the work, ask questions, obtain answers to the SOW, and obtain clarifications of the Contract. It is the Contractor's sole responsibility to familiarize themselves thoroughly with the location of the work and the surrounding area as well as the contents of the SOW. Failure to do so does not relieve the successful Bidder from its obligations to comply with all aspects of this solicitation package for the amount they specify as their Bid Price

5.1.5 All questions concerning this Small Procurement Solicitation shall be directed to the Procurement

Officer listed on the key information summary sheet.

5.1.6 It is the MMD's intention to obtain services, as specified in this Small Procurement Solicitation, from a Contract between the selected Bidder and the MMD.

5.1.7 The anticipated duration of services to be provided under this Contract is for 90 days, and all work must be completed within 90 days. The awarded Contractor is expected to complete the Contract as timely as possible, regardless of the length of time allowed for completion.

5.1.8 All work shall begin within 7 days of Notice to Proceed, unless a different date is approved by the Procurement Officer, and all work must be guaranteed for at least a period of one year from the date of the completed work.

5.1.9 Bidders, either directly or through their subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation, and the successful Bidder shall remain responsible for Contract performance regardless of subcontractor participation in the work.

5.1.10 No unannounced visits to the work site are allowed prior to award. Should the Bidder need an additional site visit, the Bidder shall contact the Procurement Officer to request an additional site visit. Additional site visits shall be scheduled at the Procurement Officer’s discretion, based on individual requests and only if time permits.

5.1.11 All work shall be completed in accordance with industry standards.

5.1.12 The Bidder shall be responsible for obtaining any and all permits required for the SOW stated below and arranging all the inspections needed by the county or State.

5.1.13 The Bidder will have access to the project area during regular working hours, Tuesday-Friday, 6:30 AM to 5:00 PM. Contractor shall coordinate access with the MMD Contract Manager.

5.2 Location and Purpose:

5.2.1 The location for all work to be performed is: Building E4305, MG Warren D. Hodges Armory, 8451

Nike Street, Aberdeen Proving Ground, Maryland 21012.

5.2.2 The purpose of the Contract is to supply and install Chiller #2 Electronic Expansion Valves (EXV) and replace controller of Air Handling Unit (AHU) #3 in Building E4305.

5.3 Type of Work:

5.3.1 Work shall consist of the following:

i. Contractor shall supply and install two new electronic expansion valves for chiller #2 trane CGAM060 Serial U10B14244 (60 tons, 101GPM, air-cooled Scroll)

ii. Contractor shall take the charge out of chiller #2 and recycle.

iii. Contractor shall braze out the two bad EXVs and braze in two new valves like in kind and compatibility.

iv. Contractor shall pressurize system and perform leak checks.

v. Contractor shall vacuum the chiller down to 500 microns.

vi. Contractor shall recharge the chiller with required refrigerant.

vii. Contractor shall program the new valves into the chiller program.

viii. Contractor shall startup and perform an operational inspection.

ix. Contractor shall supply and install raceway, conductors, and terminations to repair AHU

#3 Trane TSCB021U0F (K10A07294).

x. Contractor shall remove existing Niagara AX Honeywell WEB-600 Tridium controller and

Input/Output (I/O) modules.

xi. Contractor shall supply and install new Honeywell Web 8000 Niagara 4 Tridium controller

(or an approved equivalent), remote I/O modules.

xii. Contractor shall program and test new controls thoroughly and properly.

xiii. Contractor shall provide and install new liquid-crystal display (LCD) display user interface on AHU #3 control panel.

xiv. Contractor shall insure that the existing controls and equipment are restored back to fully operational status.

5.3.2 Contractor shall install any and all equipment in accordance follow recommended HVAC industry standards, including American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE). Contractor shall also perform work in accordance with Occupational Health and Safety

(OSHA).

5.3.3 Bid shall also include an estimate start date and length of time to complete the project for use in the determining of the award.

5.4 Delivery and Storage:

5.4.1 Contractor shall have a representative on-site to receive all third-party deliveries.

5.4.2 If storage area and/or staging area is desired, contact the Contract Manager for availability.

5.5 Removal of Trash and Debris:

5.5.1 All material and debris shall be disposed of by the Contractor and at the Contractor's expense.

5.5.2 Use of the facility waste facility is not authorized. The Contractor shall have a representative on-site to receive all third-party deliveries.

5.6 Deliverables:

5.6.1 Contract shall submit a warranty for all services and parts for one year.

5.6.2 Contractor shall furnish the Contract Manager with any operational manuals and documentation for all equipment installed, including equipment graphics.

5.7 Security Requirements:

5.7.1 Contractor Personnel and Contractor Vehicles access to the base:

a) Contractor shall request access to Edgewood Readiness Center/Aberdeen Proving Ground using the following link: https://pass.aie.army.mil/apg

1) Complete the on-line registration pages. Do not change the date of arrival. Once you complete the registration and the record is vetted you will receive one of two emails:

2) Pass is approved. The email will have the pass attached. Go to the gate and show the pass to the guard. They will scan your pass or driver’s license.

3) There is an issue, Proceed to the Visitor Control Center (VCC). If the VCC is open, proceed there. If VCC is closed, go to lane and show the guard the email and your driver’s license.

They will conduct additional vetting and determine if access will be granted.

https://pass.aie.army.mil/apg

5.7.2 Fully-enclosed or hard-covered Commercial Vehicles, their operators, and passengers must enter through the Commercial Inspection Lane on the main base access road, Rt. 24, Emmorton Rd.

Individuals must have a valid Driver's License and vehicle registration documents. (A commercial vehicle is defined as an enclosed van, truck, etc., used for a business that typically requires a longer time to inspect due to vehicle type.) Pickup trucks with open beds are generally easy to view and inspect; therefore, they do not have to enter through the Commercial Inspection Lane, although they are otherwise commercial vehicles. Such open-bed pickup trucks must follow instructions below to enter the base, including the identification requirements.

5.7.3 "Open" commercial vehicles, such as open-bed pickup trucks, etc. - All personnel not in a commercial vehicle as defined in #1 above must go through the Visitor Center instead of the Commercial Vehicle Inspection Lane and have the following: a valid driver's license, vehicle registration, and the building number of their destination. Personnel without a valid driver's license must have a valid photo ID (State ID, Passport, authorized State Department work permits, etc.). Note: State IDs and licenses that indicate "not valid for federal use" will not be accepted. All personnel in the vehicle must enter through the Visitor Control Center (VCC).

Passengers will be listed on the vehicle pass by the VCC. Personnel are subject to background checks. Those found to have a warrant for their arrest and/or found to be illegal aliens will not be allowed on the installation and will be further processed.

5.8 Employee Identification

5.8.1 Each person who is an employee or agent of the Contractor or subcontractor shall display their company ID badge at all times while on State property. Each person who is an employee or agent of the Contractor or subcontractor may be required to provide additional photo identification upon request of authorized State personnel.

5.8.2 At all times while on State property, the Contractor’s or subcontractor's personnel shall cooperate with State property requirements that include but are not limited to being prepared to be escorted, providing information for badge issuance, and wearing the badge in a visible location.

5.9 Vehicles

5.9.1 While on State property, the Contractor’s or subcontractor's vehicles may be subject to a vehicle search.

5.10 This is a firm-fixed-price contract, meaning a fixed price Contract that provides a price that is not subject to adjustment because of variations in the Contractor’s cost.

5.11 This 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 7.

6 INVOICING AND PAYMENTS

6.1 Upon completion and acceptance of the completed work by the State, the Bidder shall submit a proper invoice for payment. According to COMAR 21.06.09.01 (C), a proper invoice must include, without error, the Contractor's federal employer identification number or Social Security number, the Purchase Order Number, and any documentation required by regulation or the procurement contract. The Department requires the Contractor's address, phone number, the name of the Armory, and the address where the work was provided to be included. All invoices must be submitted to:

Maryland Military Department Accounts Payable 5th Regiment Armory 29th Division Street Baltimore, MD 21201

Failure to provide a proper invoice may result in a delay in payment.

6.2 Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments to the Contractor will be made no later than 30 days after the State's receipt of a proper invoice from the Contractor. Payment will be considered to be made on the settlement date for an electronic funds transfer payment, or the mailing date of the check for a check payment.

6.3 Contractors are entitled to interest on late payments at the rate of 9 percent per annum per COMAR 21.06.09.06 (A) if an invoice is submitted within 30 days after the date of payment and a contract claim has not been filed. The State is not liable for interest accruing more than one year after the 31st day after the agency receives a proper invoice or on unpaid interest.

6.4 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.

6.5 Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract.

7 TERMS AND CONDITIONS

7.1 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and any 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”). By submitting a bid in response to this solicitation, the Bidder, if selected for the award as the Contractor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO.

Upon receipt of the BPO or PO, the Contractor shall acknowledge acceptance, and return a signed copy.

7.2 DELIVERY AND ACCEPTANCE

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

7.2.2 The Department reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Unless otherwise stated in the specifications, 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.

7.2.3 The Department 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.

7.2.4 If the Contractor fails to make delivery in accordance with its quoted time frame, and the

Department is required to obtain the needed goods or services on the open market, the Contractor shall be liable for any excess costs to the Department.

7.3 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.

7.4 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 if mercury-free products or equipment are not offered, to the Bids for products or equipment containing the least amount of mercury necessary to meet performance requirements. The Bidder must submit Mercury Affidavit, Attachment D, with its bid.

7.5 MARYLAND LAW PREVAILS

The law of Maryland will govern the interpretation and enforcement of this Contract. All references to the Annotated Code of Maryland contained in this Contract shall be construed to refer to such Code sections as are from time to time amended.

7.6 DISPUTES

Disputes arising under this Contract will 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.

7.7 CHANGES

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

7.8 TERMINATION FOR NON-APPROPRIATION

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract will 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.

7.9 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).

7.10 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, will be governed by the provisions of COMAR 21.07.01.11B.

7.11 NONDISCRIMINATION

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

7.12 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 partner, 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 law of any state or of the United States."

7.13 REGISTERED TO DO BUSINESS IN MARYLAND

The Contractor must be registered with the Maryland Department of Assessments and Taxation and be in good standing.

7.14 The Contractor hereby represents and warrants that:

7.14.1 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;

7.14.2 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;

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

7.14.4 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.

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

7.16 Blanket Purchase Order (BPO) Purchase Order as Contract

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

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

7.16.3 As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the Maryland Military Department.

7.16.4 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.

7.16.5 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 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.

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

i. the PO and/ or BPO; then

ii. the solicitation; and then

iii. the bid.

7.17 REGISTRATION OF FOREIGN CORPORATIONS.

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the annotated Code of Maryland, corporations not incorporated in the State of Maryland shall be registered with the State

Department of Assessments and Taxation, 301 W. Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.

7.18 CONTINGENT FEE

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 employer agency, any fee or other consideration contingent on the making of this agreement.

7.19 EPA COMPLIANCE

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

7.20 OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)

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.

7.21 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.

7.22 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.

7.23 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.

7.24 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.

7.25 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.

7.26 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.

7.27 COMMERCIAL NONDISCRIMINATION POLICY

7.27.1 As a condition of entering into this Contract, Contractor represents and warrants that it will comply 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. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry, 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 or on the basis of disability, or otherwise 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 Contract and may result in termination of this Contract, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

7.27.2 As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article of the 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 four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Contract and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions.

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Attachment A Bid Information Sheet

BID Price

MIL 22-037

BIDS DUE by 2:00 P.M. on April 29, 2022. THE BASIS OF THE AWARD IS THE LOWEST RESPONSIVE BID PRICE

SUBMITTED BY A RESPONSIBLE CONTRACTOR.

Bidder is instructed to enter their prices to Building E4305 at Edgewood, MG Warren D. Hodges Armory, 8451 Nike Street, Aberdeen Proving Ground, Maryland 21012 in accordance with the terms, conditions, and SOW:

Prices shall be fully loaded, no additional amounts shall be paid.

Estimate project can begin: _____________

Estimate project can end: ______________

Total price to provide all materials, parts and labor as required to perform the HVAC Repairs, which includes supplying and installing Chiller #2 Electronic Valves (EXV) and replace controller of AHU #3 at Edgewood, Building E4305 (as stated in Section III)

Note: All bid prices must be entered in the pricing grid supplied on eMaryland Marketplace Advantage

Signature: _____________________________

Print Name and Title: ________________________________________

Federal ID #_______________________ Date: _______________

Company Name______________________________

Address: ________________________________________

Email Address: ____________________________________

Phone Number :_______________( office) _______________ (cell)

MBE MDOT Cert # (if applicable) _____________ VSBE ____________ SBR _____________

By submitting this bid pricing, the Bidder understands and agrees to comply with all specifications, terms and conditions, and all applicable state and federal laws and regulations. The prices quoted shall be valid for 90 days. Multiple or alternate pricing are not acceptable unless otherwise stated in solicitation documents.

Attachment B Bid/Proposal Affidavit Rev 10/24/17

HVAC Repairs: New Controller and Electronic Expansion Valves for Edgewood

MIL 22-037

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.

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):

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;

(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

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 ever 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…