MMD LaPlata HVAC PM solicitation 04.24.2024 final.pdf

Small Procurement Solicitation

COMAR 21.05.07

SOLICITATION NO. MMD 24-039/BPM043338

Issue Date: April 24, 2024

La Plata Readiness Center HVAC Preventative Maintenance and Repair 3 Year Contract

For MMD

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

SOLICITATION

SMALL BUSINESS RESERVE PROCUREMENT

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

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

A. It is independently owned and operated;

B. It is not a subsidiary of another business;

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

AND

D. Either:

(1) With respect to employees:

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

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

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

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

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

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

OR

(2) With respect to gross sales:

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

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

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

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

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

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

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

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

REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK

STATE OF MARYLAND

NO BID NOTICE

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

Title: La Plata Readiness Center HVAC Preventative Maintenance and Repair 3 Year Contract Solicitation No: MMD 24‐039/BPM043338

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

( ) Other commitments preclude our participation at this time.

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

( ) We are inexperienced in the work/commodities required.

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

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

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

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

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

( ) Start‐up time is insufficient.

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

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

(Explain in REMARKS section.)

( ) MBE or VSBE requirements. (Explain in REMARKS section.)

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

(Explain in REMARKS section.)

( ) Payment schedule too slow.

( ) Other:__________________________________________________________________

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

REMARKS:

Vendor Name: ___________________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ ‐ _________________

Address: ______________________________________________________________________

E‐mail Address: ________________________________________________________________

ATTENTION: PLEASE EMAIL THE COMPLETED FORM ONLY

STATE OF MARYLAND

MARYLAND MILITARY DEPARTMENT

KEY INFORMATION SUMMARY SHEET

Small Procurement Solicitation: La Plata Readiness Center HVAC Preventative Maintenace and Repair 3 Year Contract

Solicitation Number: MMD 24‐039/BPM043338

Solicitation Issue Date: April 16, 2024

Issuing Office: MARYLAND MILITARY DEPARTMENT

Procurement Officer: Melrone McCray Fifth Regiment Armory

29th Division Street Baltimore, MD 21201

Phone: 667‐434‐4169 e‐mail: Melrone.mccray@maryland.gov

Informational Conference: Thursday, May 2, 2024 11:00 am Local Time and site visit: La Plata Readiness Center 6015 Rose Hill Road La Plata, MD 20646

Conference/Site Visit Attendance

RSVP due by: Wednesday, May, 1 2024, 12:00 pm Local Time

Send an email with the subject “LaPlata HVAC PM 3 Year Contract” to Melrone.McCray@maryland.gov AND dl_procurement_mmd@maryland.gov (note the underscores). An email confirmation will be sent confirming your attendance.

Cut‐off Date for Q &A: Tuesday, May 7, 2024, 2:00 pm

Closing Date and Time: Tuesday, May, 16, 2024 2:00 pm Local Time

Term of Service: Approximately, June 1, 2024 – May 31, 2027

Options No

MBE Subcontracting Goal: Not Applicable

MBE Split Goals: Not Applicable

VSBE Subcontracting Goal: Not Applicable

Small Business Reserve: Yes

Federally Funded Yes

1 OBJECTIVE:

The Maryland Military Department (MMD or Department) is soliciting bids to provide all labor, materials, and supplies necessary to perform HVAC preventive maintenance on a semi‐annual basis in accordance with the manufacturer’s specifications. The Contractor shall also be responsible to make all repairs required to bring the system into manufacturer’s recommended specifications for proper operating and to respond to emergency and non‐emergency repair calls (major and minor repairs) for a period of three (3) years from notice to proceed. The location of this work is La Plata Readiness Center, 6025 Rose Hill Road, La Plata, MD

20646.

2 BASIS OF AWARD

This procurement is being conducted in accordance with Section 13‐104 of the State Finance and

Procurement Article and the Small Procurement Regulations in Code of Maryland Regulations (COMAR)

21.05.07.

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

3 BID SUBMITTAL INFORMATION

All bids, affidavits, and/or responses to attachments shall be submitted through eMaryland Marketplace

Advantage (eMMA) under the eMMA solicitation number listed on the Key Information Sheet. Bids must be uploaded into eMMA by the due date and time for consideration. No late bids will be accepted.

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

4 MINIMUM QUALIFICATIONS

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

4.1.1 Company Name

4.1.2 Company address

4.1.3 Company phone number

4.1.4 Name of a contact person

4.1.5 Email address for the contact person

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

4.2 The Bidder shall have all professional licenses required by the State of Maryland and the Federal Government to perform the work specified in the Statement of Work (SOW). Submit copies of all professional licenses with bid documents.

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

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

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

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

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

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

5 SCOPE of WORK (SOW)

5.1 General Information:

5.1.1 The MMD is issuing this Small Procurement Solicitation to provide all labor, materials, and supplies necessary to perform HVAC preventive maintenance as per the specifications stated below.

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

5.1.3 The MMD strongly recommends each Contractor attend the informational conference and the site visit if offered. If your company needs any special accommodations at the site visit and informational conference, please inform the Procurement Officer by email with your RSVP.

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

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

Officer listed on the key information summary sheet.

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

5.1.7 The anticipated duration of services to be provided under this Contract is for a 3 year contract.

5.1.8 All work shall begin within 30 days of Notice to Proceed, unless a different date is approved by the Procurement Officer, and all work must be guaranteed for at least a period of one year from the date of the completed work.

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

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

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

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

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

5.2 Location and Purpose:

5.2.1 The location for all work to be performed is: La Plata Readiness Center, 6025 Rose Hill Road, La

Plata, MD 20646.

5.2.2 The purpose of the Contract is to of enter into a Contract with a Contractor to provide all labor, materials, and supplies necessary to perform HVAC preventive maintenance on a semi‐annual basis in accordance with the manufacturer’s specifications. The Contractor shall also be responsible to make all repairs required to bring the system into manufacturer’s recommended specifications for proper operating and to respond to emergency and non‐emergency repair calls (major and minor repairs) for a period of three (3) years from notice to proceed.

5.3 Type of Work:

5.3.1 a. 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 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.

b. Emergency Services

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.

In the event of equipment failure, or imminent failure or damage that occurs during normal working hours (Tuesday through Friday, 6:30am through 5:00PM), on‐site response by a qualified maintenance mechanic shall be made within two (2) hours after the Contractor has been given notification of the emergency situation. In the event an emergency service(s) is needed outside the normal working hours, an 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. If temporary measures are taken to restore operation, then permanent repair service shall be completed within five (5) working days.

If materials needed to make a permanent repair are not available within five (5) working days, written notice must be sent to the Contract Manager within two (2) business days of the emergency service call.

Emergency service shall be available twenty‐four hours per day, every day and week of the year throughout the Contract term. The Contractor must submit at least one phone number with 24‐hour availability in their proposal. The Contractor is responsible for notifying the

Contract Manager if this contact and/or number changes at any time.

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

The State will reimburse the Contractor the total cost for parts necessary for repairs including taxes and shipping, plus a 15% mark up. The State will reimburse the Contractor for actual freight costs of parts required for repair. In cases where the overall cost or critical time frame may be served by replacing a large part, the Contract Manager shall exercise his/her right to decide on the desired approach. If the large part/and or major repair exceeds $5,000, the approval must be from both the Contract Manager and the Procurement Officer, which must be in writing. The State reserves the right to seek competitive bids for all large parts and/or major repairs. Major repairs may be excluded at the discretion of the agency. The Contractor shall submit invoices containing the necessary breakdown of costs (labor, parts, freight) as separate line items with back up documentation per emergency incident. The Contractor shall submit invoices from suppliers to substantiate costs. An amount equal to 10%, or $150 maximum, shall be allowed for supplies used that are not cost effective to itemize. The State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said part(s). The Contractor shall purchase parts from the least costly source.

c. Scheduled Repairs

Scheduled repairs shall be coordinated with the Contract Manager and performed during normal operating hours as listed. Scheduled repairs are defined as repairs that have received approval from the Contract Manager. If said repair exceeds $5,000, approval must be from both the Contract Manager and the Procurement Officer, which must be in writing. When performing scheduled 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. The State will reimburse the Contractor the total cost for parts necessary for repairs including taxes and shipping, plus a 15% mark up. The State will reimburse the Contractor for actual freight costs of parts required for repair. In cases where the overall cost or critical time frame may be served by replacing a large part, the Contract Manager shall exercise his/her right to decide on the desired approach. The Contractor shall submit invoices containing the necessary breakdown of costs (labor, parts, freight) as separate line items with back‐up documentation per repair. The Contractor shall submit invoices from suppliers to substantiate costs. An amount equal to 10%, or $150 maximum, shall be allowed for supplies used that are not cost effective to itemize. The State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said part(s). The Contractor shall purchase parts from the least costly source.

d. 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 $2,500 per incident.

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.

The State will reimburse the Contractor the total cost for parts necessary for repairs including taxes and shipping, plus a 15% mark up. The State will reimburse the Contractor for actual freight costs of parts required for repair. In cases where the overall cost or critical time frame may be served by replacing a large part, the Contract Manager shall exercise his/her right to decide on the desired approach. If the large part/and or major repair exceeds $5,000, the approval must be from both the Contract Manager and the Procurement Officer, which must be in writing. The Contractor shall submit invoices containing the necessary breakdown of costs (labor, parts, freight) as separate line items with back‐up documentation per repair.

The Contractor shall submit invoices from suppliers to substantiate costs. An amount equal to 10%, or $150 maximum, shall be allowed for supplies used that are not cost effective to itemize. The State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said part(s). The Contractor shall purchase parts from the least costly source.

The State will reimburse the Contractor for labor, based on the hourly rates on the Contract, for any major repairs.

e. 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 based on the hourly rates on the Contract. Minor repairs are under $2,500 per incident

[part(s) and labor]. The State shall be responsible for the expense of all parts and labor, as defined, except those used under preventive maintenance.

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. The State will reimburse the Contractor the total cost for parts necessary for repairs including taxes and shipping, plus a 15% mark up. The State will reimburse the Contractor for actual freight costs of parts required for repair. In cases where the overall cost or critical time frame may be served by replacing a large part, the Contract Manager shall exercise his/her right to decide on the desired approach The Contractor shall submit invoices containing the necessary breakdown of costs (labor, parts, freight) as separate line items with back up documentation per repair. The Contractor shall submit invoices from suppliers to substantiate costs. An amount equal to 10%, or $150 maximum, shall be allowed for supplies used that are not cost effective to itemize. The State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said part(s). The Contractor shall purchase parts from the least costly source.

f. Parts and Material

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. The State will reimburse the

Contractor the total cost for parts necessary for repairs including taxes and shipping, plus a

15% mark up. The State will reimburse the Contractor for actual freight costs of parts required for repair. In cases where the overall cost or critical time frame may be served by replacing a large part, the Contract Manager shall exercise his/her right to decide on the desired approach. If the large part/and or major repair exceeds $5,000, the approval must be from both the Contract Manager and the Procurement Officer. The Contractor shall submit invoices containing the necessary breakdown of costs (labor, parts, freight) as separate line items with back‐up documentation per repair. The Contractor shall submit invoices from suppliers to substantiate costs. An amount equal to 10%, or $150 maximum, shall be allowed for supplies used that are not cost effective to itemize. The State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said part(s). The Contractor shall purchase parts from the least costly source.

5.3.2 Contractor’s Responsibility

a. The Contractor shall be responsible for all labor, materials and supplies associated with the

Preventative Maintenance.

b. The first preventive maintenance (or “Fall preventive maintenance”) shall be performed approximately in October of each additional year unless otherwise notified by the Contract

Manager. The second preventive maintenance (or “Spring preventive maintenance”) shall be performed approximately in April of each year unless otherwise notified by the Contract

Manager.

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

Manager shall exercise his/her right to decide on the desired approach. If the large part/and or major repair exceeds $5,000, the approval must be from both the Contract Manager and the Procurement Officer.

5.3.3 State’s Responsibility:

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

b. Part(s) cost or labor in excess of $2,500.00 per incident is considered Major Repairs. The

State reserves the right to seek competitive bids for the purchase of any needed part considered a

Major Repair. The Awardees of the Contract shall work cooperatively with any contractor hired by the State.

c. The State will reimburse the Contractor the total cost for parts necessary for repairs including taxes and shipping, plus a 15% mark up. The State will reimburse the Contractor for actual freight costs of parts required for repair. The State reserves the right to audit the Contractor’s invoices in order to verify the cost price for said part(s).

5.3.4 Equipment List: ATTACHMENT F All Bidders are responsible for verifying the listing of equipment prior to submitting a bid for this Contract. Failure to do so does not relieve the successful Bidder from its obligations to comply with all aspects of this solicitation for the amount specified as its bid’s price.

5.4 Delivery and Storage:

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

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

5.5 Removal of Trash and Debris:

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

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

5.6 Deliverables:

5.6.1 Upon completion of each visit, the Contractor shall provide a written report detailing the location of the equipment and the description of work completed during that visit to the on‐site representative.

i. The on‐site representative will sign off on all work performed during that visit.

ii. The Contractor shall provide a digital copy of this report to the Contract Manager within 14 working days.

5.6.2 Repair Proposals

i. The Contractor shall identify all equipment that is not operational and the estimated cost to repair in the written and/or typed proposal. Cost shall be line item by part, freight, and labor costs.

ii. The Contractor shall provide a digital copy of the proposal to the Contract Manager within 10 working days.

5.6.3 Emergency Service

i. In accordance with Section 5.3.b, the Contractor shall inform via written notice to the Contract Manager of any permanent repair that cannot be performed within five (5) working days and all applicable repairs and/or maintenance shall be performed/delivered in accordance with the specifications above.

5.7 MDARNG Facility/Installation Access Control

5.7.1 Personnel wishing to gain access to either Camp Fretterd, the Fifth 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 installation 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 times while in restricted and/or mission essential vulnerable areas. Visitors will report to the contract security guard or orderly room. Visitors may include vendors, contract personnel, tradesmen, and maintenance support personnel. Positive identification of visitors will be verified by means of personal recognition, or other identifying credentials. 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 times. A visitor roster must be provided to the Security Office (AT_FP)

24hrs prior to visitor accessing the installation. 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 information, location visiting, 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 Identity ii.Record Visitor Information on form/ Record iii.Escort as necessary iv.Anyone on the installation that is without official identification (from the agency they represent) and/or is not recognized by any installation/facility assigned personnel will at the security station until which point the Administrative Officer, Installation Commander, Facility Manager, or senior ranking individual on the facility retrieves them or authorizes access. Anyone acting in an unusual or suspicious manner in or around the facility will be asked to identify themselves and state their business.

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

5.7.4 All outgoing material is subject to search before leaving. Proper documentation to include shipping documents and hand receipts will be prepared for all shipments. Documentation must be available for inspection. Classified shipments not involving nuclear/chemical material will be in accordance with AR 380‐5 or the appropriate security classification 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 stating that vehicles and personnel entering are subject to inspection have been determined by a random selection system unless a search warrant has been obtained.

5.7.6 Security in depth‐ Minimum Physical Barriers and Access Control Measures for Facilities or

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

DISN (such as end user NIPRNet workstations) will have at least one physical barrier supplemented by any type of 24/7 access control (keyed locks, reception, 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 meeting the standard above) have an additional layer of physical protection and access control. This check is intended for rooms with key system assets such as servers, routers, etc., rather than end user workstations.

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

iii.Two forms of identification are required to gain access to a facility housing DISN workstations that process or display classified information (e.g., keycard with PIN/biometrics or two forms of picture ID present to a guard or receptionist).

iv.containing DISN workstations that process or display classified information. Access Ensure that a visitor log is maintained for facilities or buildings Control System (ACS) log entries may be used to meet this requirement.

v.Where there are Information 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 writing that security‐ in‐depth exists. NGS Containing DISN (SIPRNet/NIPRNet) Connected Assets.

vi.Controls for entrance into restricted and administrative areas.

vii.POV’s will not enter restricted areas without approval of unit/activity commander.

viii.No specific control measures are in effect for administrative areas, such as parking lots, at armories.

ix.Vehicle Registration‐ Fifth Regiment Armory (FRA): Upon entrance to FRA, the security force will direct vehicles to visitor parking. Visitors are not permitted parking in the underground employee parking lot unless an exception is made in a memorandum by the unit commander/activity commander. Camp

Fretterd Military Reservation (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 installation for more information 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 Identification

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

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

5.9 Vehicles

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

5.10 Materials:

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.

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 variations in the Contractor’s cost.

5.12 This Contract will remain in effect for the time period and quantity specified unless the Contract is terminated by the State as set forth in Section 7.

5.13 Prevailing Wage:

If this is a construction project, which includes any of the following: building, reconstructing;

improving; enlarging; painting and decorating; 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 Article, Title 17, Subtitle 2.

6 INVOICING AND PAYMENTS

6.1 Upon completion and acceptance of the completed work by the State, the Bidder shall submit a proper invoice for payment. According to COMAR 21.06.09.01 (C), a proper invoice must include, without error, the Contractor's federal employer identification number or Social Security number, the Purchase Order Number, and any documentation required by regulation or the procurement contract.

The Department requires the Contractor's address, phone number, the name of the Armory, and the address where the work was provided to be included. All invoices must be submitted to:

Maryland Military Department Accounts Payable 5th Regiment Armory 29th Division Street Baltimore, MD 21201 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 Contractors are entitled to interest on late payments at the rate of 9 percent per annum per

COMAR 21.06.09.06 (A) if an invoice is submitted within 30 days after the date of payment and a contract claim has not been filed. The State is not liable for interest accruing more than one year after the 31st day after the agency receives a proper invoice or on unpaid interest.

6.3 The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes, and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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

Payment Reductions for Non‐Performance or Failure to Meet Standards

The following reductions shall be used in adjusting the Contractor’s invoice when the Contractor fails to perform substantially any task required in these specifications or performs any task below the standards set forth in these specifications.

Within each 12‐month period of the contract:

a. First occurrence ‐ written documentation notice from the Contract Monitor to the contractor.

b. Second occurrence ‐ written documentation and deduction of 1/60th of monthly invoice amount.

c. Third occurrence and thereafter ‐ written documentation and deduction of

1/30th of monthly invoice amount.

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

e. Reductions for work below standards may be made if, after the second documented notification, the Contractor has not corrected the deficiency and State workers are assigned to perform the task. Reductions will be based on the hourly wage rate of the State employee assigned to perform the task times the hour/hours required for State workers to perform the task.

f. Reductions for non‐performance may be made if the task was not done and State workers have to be assigned immediately to perform the task. Reductions will be based on the hourly wage rate of the State employee assigned to perform the task times the hour/hours required for State workers to perform the task.

g. The referenced conditions (examples) may result in Termination of Contract for Default by the Procurement Officer.

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

DISPUTES ARISING FROM REDUCTIONS:

a. Should the Contractor dispute the validity of a reduction determination made by the Contract Monitor and/or designee, Contractor may appeal the reduction to the Facilities Management Branch Chief within seven (7) calendar days of receiving notice of the reduction.

b. The Facilities Management Branch Chief will review the reduction and make a written determination 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 Facilities Management Branch Chief, the Contractor may appeal the decision to the Procurement

Director. The Procurement Director shall review all documentation, evidence and arguments of the Contractor and the Contractor Monitor and/or designees and make a written determination as to the validity of the reduction 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:

Melrone McCray melrone.mccray@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:

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

7 TERMS AND CONDITIONS

7.1 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and any amendments thereto will be made a part of the final Contract which will be in the form of a blanket purchase order (“BPO”) or purchase order (“PO”). By submitting a bid in response to this solicitation, the Bidder, if selected for the award as the Contractor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO.

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

7.2 DELIVERY AND ACCEPTANCE

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

7.2.2 The Department reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Unless otherwise stated in the specifications, materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced.

7.2.3 The Department reserves the right to purchase replacement materials in the open market.

Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

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

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

7.3 INTELLECTUAL PROPERTY

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

7.4 MERCURY CONTENT

To the extent this solicitation is for products that may contain mercury, there is a price preference for products that are mercury‐free. The price preference shall not exceed 5 percent of the bid price for products that are mercury‐free, or if mercury‐free products or equipment are not offered, to the Bids for products or equipment containing the least amount of mercury necessary to meet performance requirements. The Bidder must submit Mercury Affidavit, Attachment D, with its bid.

7.5 MARYLAND LAW PREVAILS

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

7.6 DISPUTES

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

7.7 CHANGES

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

7.8 TERMINATION FOR NON‐APPROPRIATION

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

7.9 TERMINATION FOR CONVENIENCE

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

7.10 TERMINATION FOR DEFAULT

If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination.

Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, will be governed by the provisions of COMAR 21.07.01.11B.

7.11 NONDISCRIMINATION

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

7.12 ANTI‐BRIBERY

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

7.13 REGISTERED TO DO BUSINESS IN MARYLAND

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

7.14 The Contractor hereby represents and warrants that:

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

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

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

7.14.4 It shall obtain, at its expense, all licenses, permits, insurance, and governmental…