MMD 23-010 Air Compressor Statewide IFB.pdf

STATE OF MARYLAND

MARYLAND MILITARY DEPARTMENT (MMD)

INVITATION FOR BIDS (IFB)

MAINTENANCE FOR AIR COMPRESSORS – MARYLAND

MILITARY DEPARTMENT LOCATIONS

IFB NUMBER MMD 23-010

ISSUE DATE: APRIL 14, 2023

NOTICE TO BIDDERS

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 that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.

NOTICE

A Prospective Bidder that has received this document from a source other than eMaryland Marketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Maintenance for Air Compressors – Maryland Military Department Locations Solicitation #: MMD 23-010

IFB Document

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NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Maintenance for Air Compressors – Maryland Military Department Locations Solicitation No: MMD 23-010

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

� Other commitments preclude our participation at this time

� The subject of the solicitation is not something we ordinarily provide

� We are inexperienced in the work/commodities required

� Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

� The scope of work is beyond our present capacity

� Doing business with the State is simply too complicated. (Explain in REMARKS section)

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

� Time allotted for completion of the Bid is insufficient

� Start-up time is insufficient

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

� Bid requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

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STATE OF MARYLAND

MARYLAND MILITARY DEPARTMENT(MMD)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Maintenance for Air Compressors – Maryland Military Department

Locations

Solicitation Number: MMD 23-010

IFB Issue Date: April 14, 2023

IFB Issuing Office: Maryland Military Department (MMD or the "Department")

Procurement Officer: Shareda Holifield Fifth Regiment Armory 29th Division Street e-mail:

Office Phone:

Shareda.holifield2@maryland.gov 410-350-1967

Bids are to be sent to: Submit via eMMA

Pre-Bid Conference: Friday, April 21, 2023 at 10am Local Time/EST Edgewood Readiness Center Building 4081, 8361 Wise Road Edgewood, MD 21010 See Attachment A for directions and instructions and site visits at remaining locations.

Questions Due Date and Time Friday, May 12, 2023 at 5pm Local Time/EST

Bid Due (Closing) Date and Time:

Monday, May 22, 2023 at 5pm Local Time/EST Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Public Bid Opening Date, Time and Location

Tuesday, May 23, 2023 at 9am Local Time/EST See Final Round on eMaryland Marketplace Advantage

MBE Subcontracting Goal: 0% with no subgoals.

VSBE Subcontracting Goal: 0%

Contract Type: Fixed Price

Contract Duration: Three Years from Date of Award

Primary Place of Performance:

Various Maryland Military Department Locations

SBR Designation: Yes

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Federal Funding: Yes

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

THIS SECTION IS INAPPICABLE TO THIS IFB

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Minority Business Enterprise (MBE) Reports – Reserved

3.11 Veteran Small Business Enterprise (VSBE) Reports – Reserved

3.12 Work Orders

3.13 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

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4.10 Tie Bids

4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds – Reserved

4.39 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling - Reserved

5.3 Bid Price Form

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5.4 Required Bid Submission

5.5 Delivery

5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Bidder Information Sheet

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

1.1.1 The Bidder shall have three (3) years of experience providing preventative maintenance for air compressors.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid three references from the past five years that collectively are able to attest to the Bidder’s required years of experience in providing preventative maintenance for air compressors.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Military Department (MMD or the "Department") is issuing this Invitation for

Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the Maryland Military Department to perform preventative maintenance for air compressors at Maryland Military Locations throughout the State of Maryland.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the State.

2.1.3 The Department intends to make one (1) award in each of four (4) regions [up to four (4) awards total] for the work under this IFB, for the following regions: Western Maryland, Capital Region, Central Maryland – Subregion A, , and Eastern Maryland. Bidders may bid on one or more regions. See IFB Section 4.9 Award Basis for more Contract award information.

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

2.1.5 This Contract shall have a duration of three (3) years from the date of award.

2.2 Background and Purpose

The Maryland Military Department provides support to the Army National Guard for the State of Maryland. The support includes providing preventative maintenance to various equipment at Readiness Centers for National Guard units to ensure operations run smoothly, which is not limited to the air compressors at many of these locations.

2.2.1 Project Goals

a) The goal of this project is to provide preventative maintenance to the air compressors at various Readiness Centers. The compressors and their locations are listed in Attachment P. The work to be performed under this Contract consists furnishing all labor, materials, equipment and services to provide preventative maintenance to the air compressors at various Readiness Centers for the National Guard throughout the State of Maryland.

2.3 Responsibilities and Tasks

2.3.1 Preventive Maintenance

Preventive maintenance is defined as periodically scheduled work to provide systematic checking, adjustment, cleaning, and routine services as recommended by the equipment manufacturer. This includes examination, lubrication, adjustment, calibration of parts including, but not limited to: belts, bearings, capacity and safety devised, check valves, condensate pumps, coils, control transformers, control wiring, dampers, electrodes, all filters, fuses, environmental controls, fans, motors and motor starters, pressure controls, compressors, refrigerant filters drier, refrigerant piping relays and all necessary maintenance require to keep the units in proper and continuous operation. Parts and labor that are part of a preventive maintenance program, as recommended by the equipment manufacturer, routine testing and inspecting equipment to reduce or avoid service interruptions and to obtain

IFB for the Maryland Military Department Page 3 of 69 optimum operating efficiency and maximum life expectancy of equipment are included in the contract. All Preventive Maintenance shall be in strict compliance with the relevant equipment manufacturers’ recommendations. All work performed by the Contractor shall meet local, State, and Federal codes and standards and be performed under the Contractor’s license, if applicable. Preventive Maintenance includes developing and recording equipment and system performance and inspection data for operation analysis and anticipated corrective action. Preventative Maintenance includes all labor and parts paid by the Contractor.

2.3.2 Emergency Service

Emergency service is defined as unscheduled work that requires immediate action to restore equipment or system operations, to correct mechanical problems that will cause imminent interruption of operations or will cause damage to operating equipment. Parts and labor will be paid by the contractor up to $500.00 per incident for parts and $500.00 per incident for labor.

In the event of equipment failure, or imminent failure or damage that occurs after business hours, on-site response by a qualified maintenance mechanic shall be made within four (4) hours after the Contractor has been given notification of the emergency situation. Service response shall be sufficient to restore the equipment or system to a fully or temporary operational status at no additional cost to the Owner. If temporary measures are taken to restore operation, then permanent repair service shall be completed within five (5) working days.

Under no circumstances shall equipment or system failure that results in loss of essential service exceed two (2) regular workdays. Inability to obtain parts or special technical or engineering services will not be considered reason to extend this time period.

Emergency maintenance service shall be available twenty-four hours of the day, every day and week of the year throughout the contract term. Contractor must submit a phone number with 24 hour availability in their proposal.

Failure of the Contractor to provide Emergency Service within the stated time frames may be cause to consider the Contractor in default of the contract by the Procurement Officer.

Repair and replacement parts charged to the State for Emergencies shall be invoiced at cost.

The State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said parts. The Contractor must purchase parts from the least costly source. Freight charges will be billed direct to the State and the State shall reimburse the Contractor for the full amount of the freight expense. The invoice shall contain the necessary breakdown of costs with back up documentation. Repairs necessary under Emergency Maintenance shall be paid as follows; Contractor pays for all labor up to $500.00 per incident. The Contractor will bill for all labor in excess of $500.00 per incident based on the hourly rates in the contract.

2.3.3 Major Repairs

A major repair is defined as any scheduled repair that requires shut down of equipment to make the repair or involved replacement of parts that exceeds $500.00 per incident. Major repairs of $2,500 or more must have the approval of the Contract Monitor and the Procurement Officer.

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The State reserves the right to seek competitive bids for all major overhauls and repairs as may be required during the term of the contract. The Contractor awarded the preventive maintenance contract as a result of this solicitation shall work cooperatively with any other Contractor the State may have to perform any major repairs.

Major Repairs may be excluded from the scope of the Contract at the discretion of the agency. However, the agency may direct the Contractor to perform a major repair and the Contractor will be bound to the hourly rates on the contract. Freight charges will be billed direct to the State and the State shall reimburse the Contractor for the full amount of the freight expense. The invoice shall contain the necessary breakdown of costs with back up documentation. State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said parts. The State will reimburse the Contractor for labor based on the hourly rates on the contract for major repairs that exceed $500.00.

2.3.4 Minor Repairs

Minor repairs are within the scope of services to be provided under the contract. Minor repairs are those repairs needed that are discovered during routine maintenance or inspection, or requested on a non-emergency basis. The Contractor must provide all labor at no additional cost to the State. Minor repairs are under $500.00 per incident (part(s) and labor).

The State shall be responsible for the expense of all parts, as defined, except those used under preventive maintenance. Minor repairs must be approved by the Contract Monitor.

When performing minor repairs, the Contractor shall replace all parts necessary to restore equipment to complete operational service. Use of the term “parts” is intended to imply the smallest part which effectively and completely accomplishes needed repair. In cases where the overall cost or critical time frame may be served by replacing a large part, Maintenance Supervisor shall exercise his right to decide on the desired approach. Repair and replacement parts charged to the State for minor repairs shall be invoiced at cost. The State reserves the right to selectively audit the Contractor’s invoices in order to verify the cost price for said parts. The Contractor must purchase parts from the least costly source. Freight charges will be billed direct to the State and the State shall reimburse the Contractor for the full amount of the freight expense. The invoice shall contain the necessary breakdown of costs with back up documentation.

2.3.5 Parts and Materials

Unless otherwise directed, the Contractor shall furnish and install all parts (those paid by the State and those paid by the Contractor) for Preventive Maintenance, Minor Repair and Emergency Repairs in accordance with the specifications herein. A copy of the manufacturer’s invoice to the Contractor shall be submitted with invoice for payment. The Contractor shall provide replacement parts from the original manufacturers or substitute parts approved by the original manufacturers. The State shall pay all parts expense, except those required for the preventive maintenance services and minor repair under $500.00 per incident, at Contractor’s cost. Freight charges will be billed direct to the State and the State shall reimburse the Contractor for the full amount of the freight expense. The State reserves the right to selectively audit the Contractor’s invoices in order to verify the cost price for said

IFB for the Maryland Military Department Page 5 of 69 parts. The invoices shall contain the necessary breakdown of costs with back up documentation.

2.3.5 Warranty

Contractor shall submit warranty documentation for both one year for defects in materials and workmanship, parts and labor coverage.

2.3.6 Contractor’s Responsibility

a. All labor and parts (filters, oil, belts, etc. for Preventive Maintenance, Emergency

Service and/or Minor repairs under $500.00 per incident for labor and $500.00 per incident for parts. A Repair is defined as a repair in which the part(s) cost does not exceed $500.00 per incident.

b. All materials and supplies associated with Preventive Maintenance, Emergency

Services and/or Minor Repairs under $500.00 per incident for parts and $500.00 per incident for labor.

c. When performing repairs, the Contractor shall replace all parts necessary to restore equipment to complete operational service. Use of the term “parts” is intended to imply the smallest part, which effectively and completely accomplishes needed repair.

In cases where the overall cost or critical time frame may be served by replacing a larger part, the Contract Monitor or MMD designee shall have the discretion and right to decide on the desired approach.

d. The Contractor shall follow all state, federal, and industry standards when performing preventive maintenance and repairs for the air compressors. The Contractor shall at all times keep the premises as clean as possible, and free from an accumulation of waste materials and rubbish. All materials shall be disposed of by the Contractor and at the Contractor’s expense. The Contractor shall be solely responsible for any damage to the building and its contents, and for any loss or damage to any property belonging to the MMD when such loss and damage may be attributable to the Contractor’s actions or those actions of its agents or employees.

2.3.8 State’s Responsibility:

a. The State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said parts. The State shall reimburse the Contractor at the Contractor’s cost for part cost only. The State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said parts. The Contractor shall submit documentation for part(s) cost with invoice for reimbursement. Payment will not be made to the Contractor without the backup documentation.

b. The State reserves the right to purchase directly any necessary part(s) to be installed by the contractor for Emergency and Major Repairs.

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c. Part cost or labor in excess of $500.00 per incident are considered Major Repairs. The State reserves the right to seek competitive bids for the purchase of any needed part considered a Major Repair. The Contractor shall work cooperatively with any other contractor hired by the State.

2.3.9 Vendor Performance Report

QUARTERLY VENDOR PERFORMANCE

REPORT

This form will be used to report satisfactory or unsatisfactory vendor performance. A copy will be given to the vendor and will become a permanent part of the vendor’s file. This report must be completed by the agency quarterly and submitted to the MMD Procurement Officer within ten (10) days.

eMail To:

Shareda Holifield shareda.holifield2@maryland.gov Report Date:

Report Due By:

User Agency/Department Submitting Report:

Contact Person: _______________________________________ Telephone Number:

Address: _______________________________________ eMail Address:

Title of Service/

Location

MMD BPO # _____________________________________

Is there a Minority Business Enterprise (MBE) goal?

Yes ________ Goal_________ No _________ Is contractor compliant? Yes _________ No Is this a Small Business Reserve (SBR)?

Yes _________ No ___________

Term of Contract: ______________ to

Vendor’s Name:

Name of Company

Vendor’s Phone #: _______________________

Vendor’s eMail Address:

Brief description of service(s) provided by Vendor:

mailto:shareda.holifield2@maryland.gov

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A. Using your Invitation to Bid (IFB), Scope of Work (SOW), for this contract, evaluate the vendor’s performance. For any area(s) of non-compliance, include the specific section(s) consistent with the area(s) of vendor’s compliance with contract terms and conditions. Use additional pages to complete Sections A, B, and C, as needed.

1.

2.

3.

B. Explain steps taken on the agency’s level to resolve the problem and the vendor’s response to those steps: (User Agency shall maintain documentation to support all areas of vendor’s non-compliance).

C. Remarks: Be accurate, complete and factual.

Overall rating [ ] Satisfactory [ ] Unsatisfactory

Printed Name and Title of Person Initiating Form Authorized Signature and Date

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date.

At the kickoff, the Contractor shall furnish the Contract Monitor with an estimated ETA to begin work at each facility.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 60 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

a) Provide additional services and support as requested to successfully complete the transition;

b) Maintain the services called for by the Contract at the required level of proficiency;

c) Provide updated System Documentation (see Appendix 1), as appropriate; and

d) Provide current operating procedures (as appropriate).

3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor. The Contract Monitor may provide the Contractor with additional instructions to meet specific transition requirements prior to the end of the Contract.

3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as directed by the Contract Monitor.

3.2.4 Return and Maintenance of State Data

a) Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a direction by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all State data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology (NIST)-approved methods with certificates of destruction to be provided to the State; and (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period.

b) During any period of service suspension, the Contractor shall maintain all State data in its then existing form, unless otherwise directed in writing by the Contract Monitor.

c) In addition to the foregoing, the State shall be entitled to any post-termination/expiration assistance generally made available by Contractor with respect to the services.

3.3 Invoicing

3.3.1 General

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a) The Contractor shall email the original of each invoice and signed authorization to invoice to the Contract Monitor, Anthony Williams, at Anthony.williams1@maryland.gov , Accounts Payable at dlmmd_ap@maryland.gov and the Procurement Officer, Shareda Holifield at email address:

shareda.holifield2@maryland.gov

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Goods or services provided;

10) Amount due; and

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

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

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

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

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

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.2 Invoice Submission Schedule

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

a) For items of work for which there is one-time pricing (see Attachment B –Bid Form) those items shall be billed in the month following the acceptance of the work by the Department.

mailto:dlmmd_ap@maryland.gov mailto:shareda.holifield2@maryland.gov

Solicitation #: MMD 23-010

IFB Document

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

3.3.3 Deliverable Invoicing [[Remove if payment is not by deliverable. Adjust as appropriate.]]

a) Deliverable invoices shall be accompanied by notice(s) of acceptance issued by the State for all invoices submitted for payment. Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptan ceForm-DPAFsample.pdf).

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2.

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

a) The amount invoiced is inconsistent with the Contract;

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

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

d) The item or services have not been accepted;

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

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

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

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

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

3.3.5 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

THIS SECTION IS INAPPICABLE TO THIS IFB.

3.5 Disaster Recovery and Data

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Insurance Requirements

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

Solicitation #: MMD 23-010

IFB Document

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

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

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

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

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

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

d) Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage).

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

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

3.6.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

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

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

3.6.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

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

3.7 Security Requirements

3.7.1 Employee Identification

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a) Contractor Personnel shall display their 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 Eligibility Verification (I-9 forms) of its employees prior to commencement of work under the Contract.

3.7.2 Security Clearance / Criminal Background Check

a) On-site locations covered by the Contractor may be restrictive. The Contractor(s) and Contractor Personnel must be able to work on awarded site(s). Below are security requirements for entry.

Individual entry security requirements to each site will be provided by the MMD Contract Monitor or assigned Point of Contract (POC) prior to commencement of work.

b) 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:

“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.

OR

“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.

c) Contractor Personnel and Contractor Vehicles access to the base:

1) 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.

2) "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, https://pass.aie.army.mil/apg

Solicitation #: MMD 23-010

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IFB for the Maryland Military Department Page 13 of 69 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 undocumented noncitizens will not be allowed on the installation and will be further processed.

d) Vehicles

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

Other Locations with Similar Access Requirements: Adelphi Readiness Center. Please contact POC or Contract Monitor for more information.

e) Accessing Camp Fretterd Military Reservation:

State identification is required to gain access to the site. Contact POC provided by Contract Monitor. Four Buildings require additional access, which must be approved by Security.

Contractor shall be escorted in buildings that require additional access.

f) Accessing Maryland Military Facilities:

Contact POC provided by Contract Monitor to make arrangements for access. Vehicles shall have valid tags and Contractors gaining access should have identification. Legal facility managers/POCs are assigned to each site, and they will assist the awarded contractor(s) to gain access. POC may change during the contract. Please verify with POC, prior to coming to any Maryland Military Facility.

3.7.3 While on State property, Other On-Site Security Requirement(s)

a) 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.

1) 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.

2) 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.

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b) Any Contractor Personnel who enters the premises of a facility under the jurisdiction of the Department 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.

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.

3.8 Problem Escalation Procedure

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

3.8.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available.

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

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

b) Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

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

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

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

f) Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

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

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

3.9 SOC 2 Type 2 Audit Report

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

Solicitation #: MMD 23-010

IFB Document

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3.10 Minority Business Enterprise (MBE) Reports – Reserved.

3.11 Veteran Small Business Enterprise (VSBE) Reports – Reserved.

3.12 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.13 Additional Clauses

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

Products and Services (EPPs)

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

3.13.2 No-Cost Extensions

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

3.13.3 BUY AMERICAN ACT

If the solicitation is listed as containing federal funds, the following applies:

The Buy American Act requires all iron, steel, manufactured products, and construction materials used in the project to be produced in the United States. Except for an end product that consists wholly or predominantly of iron or steel or combination of both, the cost of domestic components must exceed 60 percent of the cost of all of the components. The Contractor shall follow this requirement in the completion of this project unless waived by the procuring agency in writing.

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

Solicitation #: MMD 23-010

IFB Document

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4 Procurement Instructions

4.1 Pre-Bid Conference

4.1.1 A in-person pre-Bid conference (Conference) will be held at the date, time, and location indicated on the Key Information Summary Sheet.

4.1.2 Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request. Visitor requirements in Section 3.7.2 will apply to all individuals who intend to participate in the Site Visit. Adequate time should be allowed to clear security and timely reach the Site Visit location.

4.1.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the requirements of the contract and the MBE Goal.

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

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

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

4.1.7 In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form (Attachment A) no later than the time and date indicated on the form. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five

(5) Business Days prior to the Conference date. The Department will make a reasonable effort to provide such special accommodation.

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

4.2 eMaryland Marketplace Advantage (eMMA)

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

4.2.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.3 Questions

4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (MMD 23-010 - Maintenance for Air Compressors - Maryland Military Department Locations), and shall be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

Solicitation #: MMD 23-010

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IFB for the Maryland Military Department Page 17 of 69 research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.3.2…