MMD 24-003 Adelphi RC Janitorial Services 3 Year Contract Solicitation_final_after_Amendment 1.pdf

MARYLAND MILITARY DEPARTMENT

Small Procurement Solicita on

COMAR 21.05.07

SOLICITATION NO. BPM043335

Issue Date: April 5, 2024

MMD 24-003 Adelphi Readiness Center (RC) Janitorial Service 3 Year

Contract

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

SOLICITATION

(If your procurement is designated as a Small Business Reserve Procurement, include the following no ce in black font)

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve procurement for which award will be limited to cer fied small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement

Ar cle, §§14-501 —14-505, Annotated Code of Maryland, and cer fied 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 opera on;

AND

D. Either:

(1) With respect to employees:

(a) Its wholesale opera ons did not employ more than 50 persons in its most recently completed

3 fiscal years;

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

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

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

(e) Its construc on opera ons 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 opera ons did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;

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

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

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

(e) The gross sales of its construc on opera ons 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 opera ons 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 informa on on the cer fica on process is available at eMaryland Marketplace Advantage.

STATE OF MARYLAND NO BID NOTICE

In order to help us improve the quality of State solicita ons and to make our procurement process more responsive and business-friendly, we ask that you take a few minutes and provide comments and sugges ons regarding this solicita on. Please return your comments with your response. If you have chosen not to respond to this Contract, please email this completed form to the a en on of the Procurement Officer (see the Key Informa on Sheet below for contact informa on).

Title: MMD 24-003 Adelphi RC Janitorial Service 3 Year Contract Solicita on

No: BPM043335

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

( ) Other commitments preclude our par cipa on at this me.

( ) The subject of the solicita on is not something we ordinarily provide.

( ) We are inexperienced in the work/commodi es required.

( ) Specifica ons are unclear, too restric ve, etc. (Explain in REMARKS sec on.)

( ) The scope of work is beyond our present capacity.

( ) Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS sec on.)

( ) We cannot be compe ve. (Explain in REMARKS sec on.)

( ) Time allo ed for comple on of the Bid/Proposal is insufficient.

( ) Start-up me is insufficient.

( ) Bonding/Insurance requirements are restric ve. (Explain in REMARKS sec on.)

( ) Bid/Proposal requirements (other than specifica ons) are unreasonable or too risky.

(Explain in REMARKS sec on.)

( ) MBE or VSBE requirements. (Explain in REMARKS sec on.)

( ) Prior State of Maryland contract experience was unprofitable or otherwise unsa sfactory.

(Explain in REMARKS sec on.)

( ) Payment schedule too slow.

( ) Other:__________________________________________________________________

2. If you have submi ed a response to this solicita on, but wish to offer sugges ons or express concerns, please use the REMARKS sec on below. (A ach addi onal 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 Solicita on: MMD 24-003 Adelphi RC Janitorial Service 3 Year Contract

Solicita on Number:

BPM043335

Solicita on Issue Date:

April 5, 2024

Issuing Office:

MARYLAND MILITARY DEPARTMENT

Procurement Officer: Melrone McCray

Fi h Regiment Armory

29th Division Street

Bal more, MD 21201

Phone: 667-434-4169 e-mail: Melrone.McCray@maryland.gov

Informa onal Conference: Wednesday, April 10, 2024, 10:00 am Local Time and site visit: Adelphi Readiness Center

2600 Powder Mill Road

Adelphi, MD 20783

To a end the Pre-Bid Conference and Site Visit, please RSVP by sending an email tled Adelphi Readiness

Center (RC) Janitorial Service MMD 24-003 to: dl_procurement_dmil@maryland.gov. ,include your company’s name, phone number and the name of the person that will be a ending. An email confirma on will be sent confirming your spot at the conference.

Conference/Site Visit A endance

RSVP due by: Tuesday, April 9, 2024, 12:00 pm Local Time

Cut-off Date for Q &A: Monday, April 15, 2024, 5:00 pm Local Time

Closing Date and Time: Friday, April 26, 2024, 2:00 pm Local Time

Term of Service: Approximately May 1, 2024 through April 30, 2027

Op ons No

MBE Subcontrac ng Goal: N/A

MBE Split Goals: N/A

VSBE Subcontrac ng Goal: N/A

Small Business Reserve: Yes

Federally Funded Yes

1 OBJECTIVE:

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

Janitorial services for Adelphi Readiness Center, 2600 Powder Mill Road, Adelphi, MD 20783 for a term of three (3) years.

2 BASIS OF AWARD

This procurement is being conducted in accordance with Sec on 13-104 of the State Finance and

Procurement Ar cle and the Small Procurement Regula ons in Code of Maryland Regula ons (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 a achments shall be submi ed through eMaryland Marketplace

Advantage (eMMA) under the eMMA solicita on number listed on the Key Informa on Sheet. Bids must be uploaded into eMMA by the due date and me for considera on. No late bids will be accepted.

Mul ple or alternate bids will not be accepted unless otherwise stated in the solicita on documents.

4 MINIMUM QUALIFICATIONS

4.1 The Bidder shall have been in business providing the requirements of this solicita on 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 informa on 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.

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 adver sing injury, and

$2,000,000 annual aggregate. The minimum required limits required herein may be sa sfied through any combina on of primary and umbrella/excess liability policies.

4.3.2 Worker's Compensa on Insurance - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensa on Acts, the Longshore and Harbor Workers’

Compensa on 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 cer ficates for the dura on of the Contract. The State shall have the absolute right to terminate the Contract if any insurance policy is canceled at any me 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 effec ve as of the previous policy's date of cancella on. The Contractor must provide the State with no ce of cancella on and the new policy within fi een (15) days of cancella on.

5 SCOPE of WORK (SOW)

5.1 General Informa on:

5.1.1 The MMD is issuing this Small Procurement Solicita on to provide all labor, materials, and supplies necessary to perform janitorial services as per the specifica ons stated below.

5.1.2 The MMD intends to make a single award as a result of this Invita on for bid (IFB).

5.1.3 The MMD strongly recommends each Contractor a end the informa onal conference and the site visit if offered. If your company needs any special accommoda ons at the site visit and informa onal conference, please inform the Procurement Officer by email with your RSVP.

5.1.4 Each Contractor shall be permi ed to examine the site, familiarize themselves with the full nature and extent of the work, ask ques ons, obtain answers to the SOW, and obtain clarifica ons of the

Contract. It is the Contractor's sole responsibility to familiarize themselves thoroughly with the loca on 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 obliga ons to comply with all aspects of this solicita on package for the amount they specify as their Bid Price

5.1.5 All ques ons concerning this Small Procurement Solicita on shall be directed to the Procurement

Officer listed on the key informa on summary sheet.

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

5.1.7 The an cipated dura on of services to be provided under this Contract is for a three (3) year term beginning approximately May 1, 2024 and ending April 30, 2027.

5.1.8 All work shall begin within fourteen (14) calendar days of No ce 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 solicita on, and the successful Bidder shall remain responsible for Contract performance regardless of subcontractor par cipa on in the work.

5.1.10 No unannounced visits to the work site are allowed prior to award. Should the Bidder need an addi onal site visit, the Bidder shall contact the Procurement Officer to request an addi onal site visit. Addi onal site visits shall be scheduled at the Procurement Officer’s discre on, based on individual requests and only if me 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 inspec ons needed by the county or State.

5.1.13 The Bidder will have access to the project area during regular working hours, Tuesday-Friday, 8:00 AM to 5:00 PM. Contractor shall coordinate access with the MMD Contract Manager. If a

State holiday or if State offices have emergency closings on Tuesday or Friday, the contractor shall perform tasks on Wednesdays instead of Tuesdays and Thursdays instead of Fridays. The

Contractor shall sign in with the Facility Manager each service day.

5.2 Loca on and Purpose:

5.2.1 The loca on for all work to be performed is: Adelphi Readiness Center, 2600 Powder Mill Road, Adelphi, MD 20783.

5.2.2 Adelphi Readiness Center is a two (2) floor building with approximately 7,000 square foot and houses approximately nineteen (19) employees/soldiers daily. The facility has four (4) large trash cans, four (4) drinking fountains, twenty-nine (29) basins/urinals/toilets, five (5) restrooms, seven

(7) showers and five (5) floormats.

5.2.3 A achment F is the Adelphi Readiness Center floor plan for reference.

5.2.4 The Contractor shall perform all services on Tuesdays and Fridays.

5.2.5 The purpose of the Contract is to provide a clean, healthy, welcoming facility for employees and visitors.

5.3 Type of Work:

5.3.1 JANITORIAL SERVICES TO BE PERFORMED TWO (2) TIMES A WEEK.

A. EMPTY AND REMOVE TRASH and RECYCLE in COMMON AREAS: All trash and recycling containers shall be emp ed. New bags shall be placed in the trash container and then returned to their ini al loca on. The trash shall be deposited into the outside trash dumpster with the use of a large trash bin with wheels (provided by Maryland Military Department (MMD) to prevent leakage from falling onto the sidewalks. Recycling material such as boxes shall be broken down prior to disposal into the outside recycling dumpster. The contractor shall insure that all lids, doors, or other openings to the dumpsters are closed and latched.

B. CLEAN GLASS AND MIRRORS in COMMON AREAS: The Contractor shall clean interior glass surfaces including doors, mirrors, Lucite, plas c and or any other transparent material, which shall be treated as glass.

C. CLEAN AND DISINFECT WATER FOUNTAINS: The Contractor shall clean and disinfect water fountains with approved disinfectant and polish metal surfaces. Disinfectant and polish shall be supplied by MMD.

D. CLEAN AND STOCK RESTROOMS: The Contractor shall clean and disinfect sinks, toilets, urinals, plumbing fixtures, shower mats, paper towel dispensers and soap dispensers. Floors shall be swept and wet mopped. The Contractor shall restock all toilet paper dispensers, soap dispensers, and paper towel dispensers, and toilet seat cover dispensers. Sanitary napkin disposal containers shall be emp ed, disinfected, and cleaned.

E. SWEEP/DUST MOP COMMON AREAS: The Contractor shall sweep/dust mop all non-carpeted floor surfaces. Common areas include hallways, ves bules, lobbies, stairs and ramps and all common walking surfaces. (The Drill Floor is not included).

F. VACUUM CARPETS & FLOOR MATS in COMMON AREAS: The Contractor shall vacuum carpets in lobbies, corridors, conference rooms, which shall also include the floor mats. The Contractor shall return all floor mats back to original posi on.

5.3.2 JANITORIAL SERVICES TO BE PERFORMED ONCE A WEEK.

A. WET MOP in COMMON AREAS: The Contractor shall wet mop all non-carpeted floors to include entrances, ves bules, lobbies, stairways, stairs and ramp and hallways. The Contractor shall mop underneath easily moveable items.

B. SPOT CLEAN CARPET in COMMON AREAS: The Contractor shall spot clean carpeted surfaces in common areas to remove spots 2 square feet or less. Areas that are embedded to the point of non-removal and have been treated during two (2) consecu ve cleanings and resists removal shall be reported to the onsite contact for resolu on.

C. DUSTING in COMMON AREAS: The Contractor shall dust all lobby furniture and wall pictures, equipment, vending machines, bookshelves, railings, lobby doors and entrance door frames, directory/informa on boards, bulle n boards, and all horizontal surfaces from the floor level to a height of 6.5 feet above the top of the floor surface. The Contractor is not to remove any items.

5.3.3 JANITORIAL SERVICES TO BE PERFORMED TWICE A MONTH.

A. SWEEP/DUST MOP DRILL FLOOR: The Contractor shall clean drill floor by a combina on of sweeping and dust mopping the en re drill floor area.

B. SWEEP /DUST MOP LOCKER ROOM FLOOR : The Contractor shall dust mop followed by wet mop all locker room floors. Clean shower walls.

Note: Lockers room floors should be cleaned a er drill weekend. Readiness Center Manager shall provide the contractor with a schedule of the monthly drill weekends. Should a drill weekend change the contractor shall be no fied as soon as this is known.

5.3.4 JANITORIAL SERVICES TO BE PERFORMED ONCE A MONTH.

A. SPOT CLEAN BUILDING SURFACES in COMMON AREAS: The Contractor shall spot clean all walls, par ons, doors, door handles, push bars, and lights switches in the common areas of the lobbies, conference rooms, corridors, lounges, and restrooms removing, and/or cleaning smudges, fingerprints, marks, streaks, spills, and stains from the washable surfaces.

B. SHOWER STALLS: The Contractor shall clean and disinfect the shower stall floors and walls.

Note: Shower stalls should be cleaned a er drill weekend. Readiness Center Manager shall provide the contractor with a schedule of the monthly drill weekends. Should a drill weekend change the contractor shall be no fied as soon as this is known.

5.4 Supplies furnished by State:

5.4.1 MMD will supply toilet ssue, paper towels, toilet bowl cleaner, disinfectant, window cleaner, dus ng spray, trash can liners, mop heads, buckets, liquid soap, and brooms. All products supplied by MMD shall be cer fied green products from the Blind Industries and Services of

Maryland (BISM). The Contractor may not use their own cleaning chemicals, paper products, trash bags, mop heads, buckets or brooms.

5.4.2 MMD will supply a large trash bin with wheels and large trash and recycle dumpsters for the final disposal of trash and recycle collected in the building.

5.4.3 MMD furnished supplies will be made available to the Contractor by the Readiness Center

Manager or their designee.

5.5 Removal of Trash and Debris:

5.5.1 The Contractor shall not use any trash dumpsters for anything other than garbage and recyclable products that come from the MMD building.

5.6 Deliverables:

5.6.1 The awarded Contractor shall create and provide a task checkoff list for each day the facility is serviced. The Contractor shall have the task sheet signed off by Readiness Center Facility Manger or designee. This will be kept as a record and the Contractor shall submit this with all invoices.

5.7 MDARNG Facility/Installa on Access Control

5.7.1 Personnel wishing to gain access to either Camp Fre erd, the Fi h Regiment armory, Havre De

Grace, or any other MDARNG Facility, must present a valid Military ID (CAC). Visitors and

Contractors without a valid CAC must present a valid state issued ID and be verified and MUST be escorted onto the installa on by their primary point of contact (POC) or personnel with a valid

Military ID (CAC).

5.7.2 Visitors: All civilian visitors, to include maintenance and contract personnel, must sign the daily sign-in roster with the entry control point security guards/personnel. Visitors must be accompanied at all mes while in restricted and/or mission essen al vulnerable areas. Visitors will report to the contract security guard or orderly room Visitors may include vendors, contract personnel, tradesmen, and maintenance support personnel. Posi ve iden fica on of visitors will be verified by means of personal recogni on, or other iden fying creden als. Any visitor entering or are in the facility must have business in that area (proper Security Clearance may be required) and will be escorted at all mes. A visitor roster must be provided to the Security Office (AT_FP)

24hrs prior to visitor accessing the installa on. This includes any persons who do not have a valid

DoD ID, Maryland Military Department ID, or Maryland Department of Emergency Management

(MDEM) ID. The Visitor Roster must provide at minimum, the visitors name, contact number, name of employer (if contractor), POC’s contact informa on, loca on visi ng, and nature of visit.

The designated visitor entrance into the facility will be strictly controlled. The following procedures will be used for all visitors:

i.Verify Iden ty ii.Record Visitor Informa on on form/ Record iii.Escort as necessary iv.Anyone on the installa on that is without official iden fica on (from the agency they represent) and/or is not recognized by any installa on/facility assigned personnel will remain at the security sta on un l which point the Administra ve Officer, Installa on Commander, Facility Manager, or senior ranking individual on the facility retrieves them or authorizes access. Anyone ac ng in an unusual or suspicious manner in or around the facility will be asked to iden fy themselves and state their business.

5.7.3 All incoming material is subject to search before entering installa ons. Only specified individuals will receipt for and check in material received. Individuals will immediately reconcile goods received with shipping documents to authorized storage areas.

5.7.4 All outgoing material is subject to search before leaving. Proper documenta on to include shipping documents and hand receipts will be prepared for all shipments. Documenta on must be available for inspec on. Classified shipments not involving nuclear/chemical material will be in accordance with AR 380-5 or the appropriate security classifica on guidance.

5.7.5 Vehicle Control- Policy on search of military and privately owned vehicles (POV). Vehicles and personnel may be inspected, entering and leaving, provided appropriate signs sta ng that vehicles and personnel entering are subject to inspec on have been determined by a random selec on system unless a search warrant has been obtained.

5.7.6 Security in depth- Minimum Physical Barriers and Access Control Measures for Facili es or

Buildings. Any facility/building housing Unclassified Informa on System assets connected to the

DISN (such as end user NIPRNet worksta ons) will have at least one physical barrier supplemented by any type of 24/7 access control (keyed locks, recep on, guards, Access Control

System, Cipher Locks, etc.).

i.Ensure that Unclassified Computer Rooms containing equipment connected to the DISN (located within a facility or building mee ng the standard above) have an addi onal layer of physical protec on and access control. This check is intended for rooms with key system assets such as servers, routers, etc., rather than end user worksta ons.

ii.Ensure that every physical access point to facili es housing DISN worksta ons that process or display classified informa on is guarded or alarmed 24/7 (minimum of alarm contacts on the doors) and that intrusion alarms are properly monitored.

iii.Two forms of iden fica on are required to gain access to a facility housing DISN worksta ons that process or display classified informa on (e.g., keycard with PIN/biometrics or two forms of picture ID present to a guard or recep onist).

iv.containing DISN worksta ons that process or display classified informa on. Access Ensure that a visitor log is maintained for facili es or buildings Control System (ACS) log entries may be used to meet this requirement.

v.Where there are Informa on System assets stored in secure rooms (AKA: collateral classified open storage areas) that are connected to the SIPRNet - ensure that the senior agency official has determined in wri ng that security- in-depth exists. NGS Containing DISN (SIPRNet/NIPRNet) Connected Assets.

vi.Controls for entrance into restricted and administra ve areas. vii.POV’s will not enter restricted areas without approval of unit/ac vity commander. viii.No specific control measures are in effect for administra ve areas, such as parking lots, at armories.

ix.Vehicle Registra on- Fi h Regiment Armory (FRA): Upon entrance to FRA, the security force will direct vehicles to visitor parking. Visitors are not permi ed parking in the underground employee parking lot unless an excep on is made in a memorandum by the unit commander/ac vity commander. Camp

Fre erd Military Reserva on (CFMR): Entrance to MTC will be in compliance with established post policies and procedures in accordance with AR 190-13, Chapter 8.

x.See Individual Physical Security Plans for each installa on for more informa on on policies and procedures.

5.7.7 Contractor shall report to the on-site contact upon arrival and departure from the site.

5.8 Employee Iden fica on

5.8.1 Proper photo iden fica on will be required (such as a driver’s license). Any Contractor servicing this building shall have in their possession a Company issued iden fica on badge.

5.8.2 At all mes 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 informa on for badge issuance, and wearing the badge in a visible loca on.

5.9 Vehicles

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

5.9.2 Contractor vehicles shall be parked at the furthest point possible from the building. Contractor shall determine responsible loca on with the on-site contact.

5.10 Materials:

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

The Buy American Act requires all iron, steel, manufactured products, and construc on 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 combina on of both, the cost of domes c components must exceed 55 percent of the cost of all of the components. The Contractor shall follow this requirement in the comple on of this project unless waived by the procuring agency in wri ng.

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

5.12 This Contract will remain in effect for the me period and quan ty specified unless the Contract is terminated by the State as set forth in Sec on 7.

5.13 Prevailing Wage:

If this is a construc on project, which includes any of the following: building, reconstruc ng;

improving; enlarging; pain ng and decora ng; altering; maintaining and repairing, and/or any services provided under a mechanical systems service contract, the Contractor agrees that it will be in compliance with prevailing wage requirements, as described in Md. Code, State Finance and

Procurement Ar cle, Title 17, Sub tle 2.

6 INVOICING AND PAYMENTS

6.1 Upon comple on 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 iden fica on number or Social Security number, the Purchase Order Number, and any documenta on required by regula on 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 submi ed to:

Maryland Military Department

Accounts Payable

5th Regiment Armory

29th Division Street Bal more, MD 21201 dlmmd_ap@maryland.gov dlmmd_ap@maryland.gov (Note the underscore)

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 a er the State's receipt of a proper invoice from the Contractor. Payment will be considered to be made on the se lement date for an electronic funds transfer payment, or the mailing date of the check for a check payment.

6.3 Contractors are en tled to interest on late payments at the rate of 9 percent per annum per

COMAR 21.06.09.06 (A) if an invoice is submi ed within 30 days a er the date of payment and a contract claim has not been filed. The State is not liable for interest accruing more than one year a er the 31st day a er 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 transporta on 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.

Payment Reduc ons for Non-Performance or Failure to Meet Standards

The following reduc ons shall be used in adjus ng the Contractor’s invoice when the Contractor fails to perform substan ally any task required in these specifica ons or performs any task below the standards set forth in these specifica ons.

Within each 12-month period of the contract:

a. First occurrence - wri en documenta on no ce from the Contract Monitor to the contractor.

b. Second occurrence - wri en documenta on and deduc on of 1/60th of monthly invoice amount.

c. Third occurrence and therea er - wri en documenta on and deduc on of 1/30th of monthly invoice amount.

d. Reduc ons for “No Shows” may, in the Contract Monitor’s sole discre on, be based on the usual number of Contractor’s personnel assigned to the building mul plied by the hours usually worked by the Contractor’s personnel, all reasonably calculated in the sole discre on of the Contract

Monitor.

e. Reduc ons for work below standards may be made if, a er the second documented no fica on, the Contractor has not corrected the deficiency and

State workers are assigned to perform the task. Reduc ons will be based on the hourly wage rate of the State employee assigned to perform the task mes the hour/hours required for State workers to perform the task.

f. Reduc ons for non-performance may be made if the task was not done and

State workers have to be assigned immediately to perform the task. Reduc ons will be based on the hourly wage rate of the State employee assigned to perform the task mes the hour/hours required for State workers to perform the task.

g. The referenced condi ons (examples) may result in Termina on of Contract for

Default by the Procurement Officer.

Note: Copies of all correspondence regarding this clause must be submi ed to the Procurement Officer.

DISPUTES ARISING FROM REDUCTIONS:

a. Should the Contractor dispute the validity of a reduc on determina on made by the Contract Monitor and/or designee, Contractor may appeal the reduc on to the Facili es Management Branch Chief within seven (7) calendar days of receiving no ce of the reduc on.

b. The Facili es Management Branch Chief will review the reduc on and make a wri en determina on as to its validity within seven (7) days of the receipt of the appeal from the Contractor.

c. Should the Contractor disagree with the decision of the Facili es Management

Branch Chief, the Contractor may appeal the decision to the Procurement

Director. The Procurement Director shall review all documenta on, evidence and arguments of the Contractor and the Contractor Monitor and/or designees and make a wri en determina on as to the validity of the reduc on within seven (7) days of receiving the appeal from the Contractor.

d. Any further disputes/appeals shall follow other applicable law.

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:

Name of Procurement Officer ________________________@maryl and.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:

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

THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.

7 TERMS AND CONDITIONS

7.1 INCORPORATION BY REFERENCE

All terms and condi ons of the solicita on 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 submi ng a bid in response to this solicita on, the Bidder, if selected for the award as the Contractor, shall be deemed to have accepted all terms and condi ons of the solicita on 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 solicita on specifica ons. The Department, in its sole discre on, may extend the me of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The Department unilaterally may order in wri ng the suspension, delay or interrup on of performance hereunder.

7.2.2 The Department reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifica ons have been met. Unless otherwise stated in the specifica ons, 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 defec ve or fails to meet the terms of the solicita on specifica ons 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 me 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, ac on, cost or judgment for patent infringement, or trademark or copyright viola on arising out of purchase or use of materials, supplies, equipment or services covered by this

Contract.

7.4 MERCURY CONTENT

To the extent this solicita on 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, A achment D, with its bid.

7.5 MARYLAND LAW PREVAILS

The law of Maryland will govern the interpreta on 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 sec ons as are from me to me amended.

7.6 DISPUTES

Disputes arising under this Contract will be governed by State Finance and Procurement Ar cle, Title 15, Sub tle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10. Pending resolu on of a dispute, the Contractor shall con nue to perform this Contract, as directed by the Procurement Officer.

7.7 CHANGES

This Contract may be amended only with the wri en consent of both par es. 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 con nua on in any fiscal year succeeding the first fiscal year, this Contract will be terminated automa cally as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover an cipatory profits or costs incurred a er termina on.

7.9 TERMINATION FOR CONVENIENCE

The State may terminate this Contract, in whole or in part, without showing cause upon prior wri en no ce to the Contractor specifying the extent and the effec ve date of the termina on. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termina on and all reasonable costs associated with termina on of the Contract. However, the

Contractor may not be reimbursed for any an cipatory profits which have not been earned up to the date of termina on. Termina on hereunder, including the determina on of the rights and obliga ons of the par es, shall be governed by the provisions of COMAR 21.07.01.12A(2).

7.10 TERMINATION FOR DEFAULT

If the Contractor does not fulfill obliga ons under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor wri en no ce of termina on.

Termina on under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termina on hereunder, including the determina on of the rights and obliga ons of the par es, will be governed by the provisions of COMAR 21.07.01.11B.

7.11 NONDISCRIMINATION

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

7.12 ANTI-BRIBERY

The Contractor cer fies that, to the Contractor's best knowledge, neither the Contractor, nor (if the

Contractor is a corpora on 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, a empted 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 Taxa on 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 ac on as, from me to me herea er, 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, regula ons, and ordinances applicable to its ac vi es and obliga ons 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 obliga ons under this Contract.

7.15 The Contractor shall comply with the provisions of State Finance and Procurement Ar cle, 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 submi ed under Small Procurement Regula ons

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

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

7.16.4 The bidder’s execu on and submission of a responsive bid cons tutes a promise by the bidder to perform the Contract solicited by the Department in accordance with the terms and condi ons stated in the solicita on. 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 substan ally contains the terms and condi ons of the solicita on. The PO/BPO cons tutes the State’s acceptance of the bid and binds the bidder to a Contract. The execu on and issuance of a PO and/ or BPO by the Procurement Officer, subject to all necessary approvals, shall cons tute 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 condi ons incorporated into those documents by the terms of the solicita on, the PO and/or BPO, the bid, or by opera on of law, and the executed bid of the bidder. If the Procurement Officer issues a PO and/ or BPO, at the op on 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 condi ons of the BPO/PO may not be waived. The Procurement

Officer may require that the par es both execute a single document as the embodiment of the

Contract between the par es.

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 solicita on; and then

iii. the bid.

7.17 REGISTRATION OF FOREIGN CORPORATIONS.

Pursuant to §7-201 et seq. of the Corpora ons and Associa ons Ar cle of the annotated Code of

Maryland, corpora ons not incorporated in the State of Maryland shall be registered with the State

Department of Assessments and Taxa on, 301 W. Preston St., Bal more, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corpora on shall qualify with the Department of Assessments and Taxa on.

7.18 CONTINGENT FEE

The Contractor warrants that it has not employed or retained any person, partnership, corpora on, or other en ty, 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, corpora on, or other en ty, other than a bona fide employer agency, any fee or other considera on con ngent 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 Occupa onal Safety and Health Act standards.

7.21 PRE-EXISTING REGULATIONS

The regula ons set forth in Title 21 of the Code of Maryland Regula ons (COMAR Title 21) in effect on the date of execu on of this contract are applicable to this contract.

7.22 INDEMNIFICATION

The State shall not assume any obliga on to indemnify, hold harmless, or pay a orney’s fees that may arise from or in any way be associated with the performance or opera on of this agreement.

7.23 ADDITIONAL QUANTITIES

The State reserves the right to solicit separate bids if a par cular quan ty requirement arises which exceeds the State’s normal requirements as provided in the solicita on 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 wri en 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 condi on of entering into this Contract, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimina on Policy, as described under Title 19 of the

State Finance and Procurement Ar cle of the Annotated Code of Maryland. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry, na onal origin, sex, age, marital status, sexual orienta on, sexual iden ty, gene c informa on or an individual’s refusal to submit to a gene c test or make available the results of a gene c test or on the basis of disability, or otherwise unlawful forms of discrimina on in the solicita on, selec on, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for repor ng instances of such discrimina on. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to par cipate in all of its public sector and private sector subcontrac ng and supply opportuni es, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimina on that have occurred or are occurring in the marketplace.

Contractor understands that a material viola on of this clause shall be considered a material breach of this Contract and may result in termina on of this Contract, disqualifica on of

Contractor from par cipa ng in State contracts, or other sanc ons. This clause is not enforceable by or for the benefit of, and creates no obliga on to, any third party.

7.27.2 As a condi on of entering into this Contract, upon the request of the Commission on Civil Rights, and only a er the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Ar cle of the Annotated Code of Maryland, as amended from me to me, Contractor agrees to provide within 60 days a er 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 inves ga on conducted by the State pursuant to the State Commercial Nondiscrimina on Policy as set forth under Title 19 of the State Finance and Procurement Ar cle of the Annotated Code of Maryland, and to provide any documents relevant to any inves ga on that are requested by the State. Contractor understands that viola on of this clause is a material breach of this Contract and may result in Contract termina on, disqualifica on by the State from par cipa ng in State contracts, and other sanc ons.

A achment A Bid Informa on Sheet

BID Price

BPM043335

BIDS DUE by 2:00 P.M. on April 26, 2024. THE BASIS OF THE AWARD IS THE LOWEST RESPONSIVE BID PRICE

SUBMITTED BY A RESPONSIBLE CONTRACTOR.

Bidder is instructed to enter their prices to perform the Janitorial services at the Adelphi Readiness Center located at 2600 Powder Mill Road, Adelphi, MD 20783 in accordance with the terms, condi ons, and SOW:

Prices shall be fully loaded, no addi onal amounts shall be paid.

Year #1

May 1, 2024 – April 30, 2025

Monthly Cost $_____________X 12 = Yearly Cost $______________

Year #2

May 1, 2025 – April 30, 2026

Monthly Cost $ _____________X 12 = Yearly Cost $ ______________

Year #3

May 1, 2026 – April 30, 2027

Monthly Cost $ _____________X 12 = Yearly Cost $ ______________

Total price to provide all materials, parts and labor as required to perform Janitorial Services (as stated in

Sec on III) $________________

Important Notes:

1) All bid prices must be entered in the pricing grid supplied on eMaryland Marketplace Advantage 2) This is a small procurement and shall not exceed the threshold per COMAR 21.05.07.

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 submi ng this bid pricing, the Bidder…