MSDE Farm to School Food Hub Aggregation IFB R00B4600179 Final.pdf

FARM TO SCHOOL FOOD HUB AGGREGATION

Solicitation #: R00B4600179 IFB Document

IFB for Maryland State Department of Education 1

STATE OF MARYLAND

MARYLAND STATE DEPARTMENT OF EDUCATION

(MSDE)

INVITATION FOR BIDS (IFB)

FARM TO SCHOOL FOOD HUB AGGREGATION

SOURCING PROJECT: BPM053674

IFB NUMBER: R00B4600179

ISSUE DATE: OCTOBER 17, 2025

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

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

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

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

Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the

Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve

Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an

Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

IFB for Maryland State Department of Education 2

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Services - Farm to School Food Hub Aggregation

Solicitation Number: R00B4600179

IFB Issue Date: October 17, 2025

IFB Issuing Office: Maryland State Department of Education (MSDE or the "Department")

Procurement Officer: Merl Eustache Webster

200 W Baltimore St, Baltimore MD 21201

Email:

Phone Number:

merl.eustachewebster@maryland.gov

410-767-0149

Bids are to be sent to: Submit on emma.maryland.gov under Solicitation Number R00B4600179

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback

Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid Conference: October 23, 2025 Local Time, virtually. Please use the link below:

Food Hub Aggregation Pre Bid Conference

Thursday, October 23 · 1:00 – 2:00pm

Google Meet joining info:

Video call link: Meeting Link

Questions Due Date and

Time:

October 28th, 2025, 2:00 PM Local Time

Bid Due (Closing) Date and Time:

November 06, 2025 2:00 PM Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor

Feedback Form). Link to No Bid Form https://meet.google.com/qfv-wgwu-iyj https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-1.-No-Bid_Proposal-Notice_Vendor-Feedback-Form-1-1.docx

IFB for Maryland State Department of Education 3

Public Bid Opening

Date, Time, and

Location

November 06, 2025, 2:30 PM Local Time

Maryland State Department of Education

Food Hub Aggregation Bid Opening

Google Meet joining info

Video call link: Meeting Link

MBE Subcontracting

Goal:

5%

MBE Subcontracting

Goal:

An overall Minority Business Enterprise (MBE) subcontract participation goal of five percent (5%) of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

__0___% for African-American MBEs;

__0___% for Asian-American MBEs;

__0___% for Hispanic-American MBEs; and

__0___% for Woman-Owned MBEs.

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 4 for information about the MBE program and goals.

VSBE Subcontracting

Goal:

N/A

Procurement Method: A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

Multiple or Alternate

Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Estimated quantities with firm fixed unit prices

Contract Duration: Seven (7) months base period

SBR Designation: Yes

Federal Funding: Yes https://meet.google.com/ter-thqe-tpj

IFB for Maryland State Department of Education 4

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.2 Background and Purpose

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

2.3 Contractor Responsibilities and Tasks

3 Standard Terms and Conditions .......................................................... Error! Bookmark not defined.2

3.1 Contract Initiation Requirements .............................................. Error! Bookmark not defined.2

3.2 End of Contract Transition ....................................................... Error! Bookmark not defined.2

3.3 Invoicing ................................................................................... Error! Bookmark not defined.3

3.3.1 General Invoicing………..…………………………………………………………

3.3.2 Invoice Submission Schedule ......................................Error! Bookmark not defined.4

3.3.3 Deliverable Invoicing ..................................................Error! Bookmark not defined.4

3.3.4 Materials Reporting .....................................................Error! Bookmark not defined.4

3.3.5 Travel Reimbursement.................................................. Error! Bookmark not defined.

3.4 Liquidated Damages ................................................................. Error! Bookmark not defined.5

3.4.1 MBE Liquidated Damages ..........................................Error! Bookmark not defined.5

3.4.2 Liquidated Damages other than MBE .........................Error! Bookmark not defined.5

3.4.3 Problem Escalation Procedure .....................................Error! Bookmark not defined.5

3.5 Work Orders ............................................................................. Error! Bookmark not defined.6

3.6 Payments by Electronic Funds Transfer ..................................... Error! Bookmark not defined.

3.7 Prompt Payment Policy ............................................................ Error! Bookmark not defined.6

3.8 Federal Funding Acknowledgement ......................................... Error! Bookmark not defined.6

3.9 Conflict of Interest Affidavit and Disclosure ............................. Error! Bookmark not defined.

3.10 Non-Disclosure Agreement ........................................................ Error! Bookmark not defined.

3.10.1 Non-Disclosure Agreement (Bidder/Offeror) ..............Error! Bookmark not defined.7

3.10.2 Non-Disclosure Agreement (Contractor) .....................Error! Bookmark not defined.7

3.11 Maryland Healthy Working Families Act Requirements ......... Error! Bookmark not defined.7

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs) ........................................................................ Error! Bookmark not defined.8

3.13 Insurance Requirements ........................................................... Error! Bookmark not defined.8

4 Bid Submission Information and Instructions .................................... Error! Bookmark not defined.9

4.1 eMaryland Marketplace Advantage (eMMA) .......................... Error! Bookmark not defined.9

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4.2 Electronic Means ...................................................................... Error! Bookmark not defined.9

4.3 Pre-Bid Conference .................................................................. Error! Bookmark not defined.9

4.4 Questions .................................................................................. Error! Bookmark not defined.0

4.5 Bid Due (Closing) Date and Time ............................................ Error! Bookmark not defined.0

4.6 Receipt, Opening and Recording of Bids ................................. Error! Bookmark not defined.1

4.7 Duration of Bids ....................................................................... Error! Bookmark not defined.1

4.8 Revisions to the IFB ................................................................. Error! Bookmark not defined.1

4.9 Cancellations ............................................................................ Error! Bookmark not defined.1

4.10 Incurred Expenses .................................................................... Error! Bookmark not defined.2

4.11 Protest/Disputes ........................................................................ Error! Bookmark not defined.2

4.12 Bidder Responsibilities ............................................................. Error! Bookmark not defined.2

4.13 Acceptance of Terms and Conditions ....................................... Error! Bookmark not defined.2

4.14 Compliance with Laws/Arrearages .......................................... Error! Bookmark not defined.2

4.15 Verification of Registration and Tax Payment ......................... Error! Bookmark not defined.3

4.16 False Statements ....................................................................... Error! Bookmark not defined.3

4.17 Confidentiality of Bids / Public Information Act Notice .......... Error! Bookmark not defined.3

4.18 Use of Bidder’s Form Not Binding on State ............................ Error! Bookmark not defined.4

4.19 Attachments and Documents Required with the Bid (Table A) ............... Error! Bookmark not defined.4

4.20 Bid Delivery Instructions.......................................................... Error! Bookmark not defined.7

4.21 Bid Evaluation Criteria and Award Basis ................................. Error! Bookmark not defined.8

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits ............................................................... Error! Bookmark not defined.0

5.1 Appendices (Table C) ............................................................... Error! Bookmark not defined.0

5.2 Exhibits (Table D) .................................................................... Error! Bookmark not defined.1

IFB for Maryland State Department of Education 6

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

1.1.1 The Bidder shall have demonstrated experience working directly with producers in Maryland and adjacent states (within 400 miles of delivery destinations) to source and distribute local food (see Table A, Attachment L “Reference Checks”) within the last five (5) years:

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its

Bid two (2) references from producers in Maryland or adjacent states (within 400 miles of delivery destinations) evidencing its previous work sourcing and distributing local food.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for Maryland State Department of Education 7

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland State Department of Education (MSDE) issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the MSDE. Successful bidders will have responsibility for centralized sourcing, procurement, and distribution of unprocessed or minimally processed local food to Local Education Agencies (LEA’s) participating in the

National School Lunch Program and the School Breakfast Program.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this IFB, from multiple

Contracts between the selected Bidders and the State.

2.1.3 The MSDE intends to make one award for each identified region (Eastern Shore, Central

Maryland, Southern Maryland, and Western Maryland) for the work under this IFB.

Bidders may bid on one or more regions. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

2.1.4 A Contractor, either directly or through its Subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation, and the successful

Bidder (the Contractor(s)) shall remain responsible for Contract performance regardless of subcontractor(s) participation in the work.

2.2 Background and Purpose

The MSDE received a grant from the US Department of Agriculture (USDA) to facilitate the provision of minimally processed foods from local, small, and socially disadvantaged producers.

MSDE is seeking food hubs to source, procure, and distribute these foods to LEAs participating in the National School Lunch Program and the School Breakfast Program (the School Meals

Programs). The MSDE is seeking organizations that have shown a commitment to increasing the resiliency of local/regional producers and engaging small agricultural producers.

2.2.1 Project Goals

a) Increase the amount of local food served in the School Meals Programs.

b) Increase the amount of food purchased by LEAs from small and producers.

2.2.2 Support local and small producers.

2.2.2 State Staff and Roles

A. The State is responsible for providing the required information and monitoring to facilitate the Contractor’s performance of the work and will provide additional assistance if necessary.

2.2.3 Other State Responsibilities

A. The State will provide normal office working facilities and equipment reasonably necessary for

Contractor performance under the Contract.

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2.3 Contractor Responsibilities and Tasks

2.3.1 Contractor(s) will have responsibility for centralized sourcing, procurement, and distribution of unprocessed or minimally processed food from local agricultural producers to eligible

Maryland Local Education Agencies (LEAs). Contractor(s) must be registered to do business within the State of Maryland to distribute local agricultural products.

2.3.2 Bidders may bid on one or more regions. See IFB Section 4.21 Bid Evaluation Criteria and

Award Basis for more Contract award information.

2.3.3 A Contractor, either directly or through its Subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation, and the successful

Bidder (the Contractor(s)) shall remain responsible for Contract performance regardless of subcontractor(s) participation in the work.

2.3.4 The Contractor shall report the amount of local food distributed to local education agencies

(LEA)/schools monthly. Reports should include the total amount of food distributed to each

LEA/school (in dollars), the date of service, the origin of food (by producer), and the remaining balance for each assigned LEA.

2.3.5 The Contractor shall deliver food orders to designated school and LEA locations within delivery windows using sanitary, refrigerated vehicles. The Bidder shall provide with its

Bid, a description of its vehicles

2.3.6 Aggregation

The Contractor shall:

A. Serve as regional food hub(s) or network(s) (as defined by the USDA) for the aggregation and distribution of local agricultural products to Maryland LEAs and schools (see Appendix 9-School

Sites). For these purposes, local agricultural products are defined as food grown .and/or raised within

Maryland and adjacent states (within 400 miles of the delivery destination).

B. Work directly with producers in Maryland and adjacent states to source and distribute local food

(including hydroponic growers).

C. Prioritize small agricultural producers farmers/ranchers.

D. Develop and request a signed attestation from self-identified socially disadvantaged producers indicating their self-identified disadvantage to minimally include, race, gender, and disability.

E. Prioritize local farmers who have a nutrient management plan or meet the nutrient management requirements with the Maryland Department of Agriculture.

F. Demonstrate organizational commitment to increasing the resiliency of local/regional producers and local/regional food systems through programming or support services when needed.

2.3.7 Centralized Sourcing

The Contractor shall:

A. Locate/identify sources of products (produce, meat, fish) as requested by LEAs or MSDE (see

Appendix 2 – Price Form Instructions and Appendix 10- Price Form).

B. Provide suggestions for alternative products of similar grade if the requested product cannot be sourced.

IFB for Maryland State Department of Education 9

C. Coordination of crop planning between LEA and producers is encouraged.

D. Provide clear origin labeling indicating from which farms the food was sourced.

E. Possess access to a computer and Microsoft Office products to complete sourcing, procurement, distribution, reporting, and billing functions, and to communicate with MSDE.

2.3.8 Product Purchasing

The Contractor shall:

A. Input purchasing data in the MSDE spreadsheet (see Appendix 11- Invoice Template)

B. Submit monthly invoices to MSDE. Invoices must include the dollar value of local food provided to each assigned LEA, the date(s) of service, and signed delivery receipts (including farm origin, product name, and quantity). Monthly invoices are due by the 10th of the month for costs from the previous full month (see Invoices).

2.3.9 Distribution

The Contractor shall:

A. Receive and deliver both perishable and non-perishable products.

B. Inspect products for condition and temperature upon pick-up; verify accuracy of count and acceptability of proper count, temperature, and quality condition of the product and packaging.

C. Be financially responsible for failure to inspect products/packages resulting in shortages and/or damages that make them unacceptable to LEA or MSDE.

D. Work with the LEAs to determine mutually agreeable delivery day(s) and times. All deliveries must be on weekdays, most likely between the hours of 7 AM and 2 PM. The Contractor(s) must make alternate delivery arrangements whose scheduled delivery day(s) falls when schools are closed due to holidays, weather, or any other reason.

E. Input distribution data in MSDE spreadsheet (Appendix 11- Invoice Template)

F. Deliver orders to individual schools within an LEA’s jurisdiction unless the LEA indicates delivery to a central warehouse. For public schools, the jurisdiction is defined by the specific Maryland County in which the LEA operates (e.g., Frederick County Public Schools). For non-public schools, the jurisdiction is the specific location in which the school(s) resides (e.g., The Linwood Center, 3421

Martha Bush Dr, Ellicott City, MD 21043). Distribution may be to a subset of schools or to all schools, depending upon the availability and volume of agricultural products. This can be determined prior to sale. (See Appendix 9 - School Sites for list of jurisdictions and schools)

G. Contractor(s) may subcontract with other deliverers to cover jurisdictions. The subcontractor(s) will follow the same requirements as the Contractor(s) for documentation and reporting.

H. Have the ability to lease, rent, or otherwise obtain vehicular equipment necessary to maintain the quality of perishable and non-perishable agricultural products, and an efficient delivery schedule.

Upon delivery, each school site will inspect for external and internal damage, cleanliness, defects, spoilage, count, temperature, and any other inspections deemed necessary by the designated school representative (“Food Service Supervisor”). The designated school representative will make the final decision if a product is acceptable. Unacceptable products will be returned to the Contractor(s) and noted on the invoice. A delivery is considered complete when products have been placed by the

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Contractor(s)/driver in the designated area and the delivery ticket has been signed by the designated

Food Service Supervisor.

Please Note: All delivery sites may not provide state-of-the-art unloading and food handling facilities.

Some sites may not accommodate trailer rigs and may not be easily accessible with trucks more than

27 feet in length. Lift gates are highly recommended. The Contractor(s)/driver is responsible for unloading the truck and delivering the products to the designated area.

2.3.10 Minimal Processing

A. Prior to distribution, the Contractor(s) shall coordinate minimal processing, as needed. Examples of allowable food products include fruits and vegetables (including 100% juices); grain products such as pasta and rice; meats (whole, pieces, or food items such as ground meats); meat alternates such as beans or legumes, and fluid milk and other dairy foods such as cheese and yogurt. Foods in a wide variety of minimal processing states (e.g., whole, cut, pureed, etc.) and/or forms (e.g., fresh, frozen, canned, dried, etc.) are also allowable.

B. The Contractor(s) shall input processing data in MSDE spreadsheet (see Appendix 11 - Invoice

Template).

2.3.11 Storage

A. The Contractor(s) shall input storage data in the MSDE spreadsheet (Appendix 11- Invoice

Template)

B. The Contractor(s) shall ensure that they have access to food safe facilities to store either perishable or non-perishable agricultural products procured from local agricultural producers as follows:

1. Dry foods: in an area with forced ventilation and temperatures between 50 degrees and 70 degrees Fahrenheit.

2. Frozen foods: at temperatures between zero degrees Fahrenheit or below; and

3. Refrigerated foods: at temperatures between 32 degrees and 45 degrees Fahrenheit, depending on the item.

2.3.12 Food Safety

A. The Contractor(s) shall source from producers and processors who maintain documented standard operating procedures that include food safety policies and practices. Growers should be compliant with sections of the Food Safety Modernization Act (FSMA) relevant to their operation. Processors should have Hazard Analysis and Critical Control Point (HACCP) plans.

B. The Contractor(s) may source from growers that do not have USDA and/or Maryland Department of

Agriculture (MDA) Good Agricultural Practices (GAP) certification, with the following exceptions:

LEAs/schools located in 1) Baltimore County (MDA GAP), 2) Montgomery County (MDA GAP), 3)

Prince George’s County (MDA and USDA GAP), and 4) Washington County (USDA GAP).

C. The Contractor(s) shall provide copies of current State required licenses as defined by the Department of Health and inspection reports, if required.

D. MSDE reserves the right to inspect Contractor’s facilities where products may be handled and stored.

2.3.13 Liaison with Agricultural Producers/Food Hubs, MSDE, LEAs and Schools

IFB for Maryland State Department of Education 11

A. The Contractor(s) shall engage and maintain relationships with all stakeholders to include producers, other food hubs, LEAs and schools, MSDE and others that may be pertinent to successful fulfillment of requirements.

2.3.14 Deliverables and Timelines

The timeline for the deliverables herein begins with contract initiation and ends with contract termination, not to exceed beyond June 30, 2026. Final Invoices must be submitted by no later than July 15, 2026.

2.4 Supplemental Category of Work Requirements and Responsibilities

See the attached Attachment XY- Professional Services Supplemental associated with this solicitation

IFB for Maryland State Department of Education 12

3 Standard terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

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

1. Maintain the services called for by the Contract at the required level of proficiency;

2. Provide updated System Documentation (see Appendix 1 – Abbreviations and Definitions), as appropriate; and

3. Provide current operating procedures (as appropriate).

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

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

Monitor.

3.3 Invoicing

3.3.1 General Invoicing

A. Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

B. The Contractor(s) shall e-mail a monthly invoice to the Contract Monitor and Kanika

Campbell at e-mail address: kanika.campbell1@maryland.gov.

C. An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR

21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

i. Contractor name and address;

ii. Remittance address;

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

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

v. Invoice date;

vi. Invoice number;

vii. State assigned Contract number;

viii. State assigned (Blanket) Purchase Order number(s);

mailto:kanika.campbell1@maryland.gov

IFB for Maryland State Department of Education 13

ix. Goods or services provided;

x. Amount due; and

xi. Any additional documentation required by regulation or the Contract.

D. The Contractor shall submit monthly invoices to the MSDE. Invoices shall include:

1. See 3.3.1 for required Contractor information

2. The dollar value of local food provided to each assigned LEA,

3. date(s) of service, and

4. Signed delivery receipts

5. Invoices will also document delivery details of the order (Appendix 11- Invoice Template) to include:

i. LEA Name and School Name,

ii. Food Item, Item Size,

iii. Number of Cases, Total Pounds,

iv. Total Value,

v. Planned School Meal (ask school to indicate),

vi. Producer Name/Address and Miles from Delivery,

vii. Whether Producer is Socially Disadvantaged or Not,

viii. Whether Small Business or Not.

6. Invoices will also document minimal processing and storage details (if necessary) of the order

(use Appendix 5 – Invoice Template)

i. Date, Brief Description,

ii. Cost,

iii. Business Name/Address,

iv. Miles from Delivery,

v. Whether Socially Disadvantaged or Not, whether Small Business or Not

E. Monthly invoices are due by the 10th of each month following the close of the prior month.

F. The Department reserves the right to reduce or withhold Contract payment in the event the

Contractor(s) does not provide the Department with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the

Contract until such time as the Contractor(s) brings itself into full compliance with the

Contract.

G. Any action on the part of the Department, or dispute of action by the Contractor(s), shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§

15-215 through 15-223 and with COMAR 21.10.04.

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

I. Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the

Contract. In no event shall any invoice be submitted later than 60 calendar days from the

Contract termination date.

3.3.2 Invoice Submission Schedule

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

A. For items of work for which there is one-time pricing (see Appendix 3 –Bid Form) those items shall be billed in the month following the acceptance of the work by the

Department.

B. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.3 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

A. MBE liquidated damages are identified in Exhibit 2 - Sample Contract.

3.4.2 Liquidated Damages other than MBE

A. Liquidated damages other than MBE are identified in Exhibit 2 – Sample Contract.

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the

Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a

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

A. Contact information

B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

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

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

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

G. Contact information for persons responsible for resolving issues after normal business hours

(e.g., evenings, weekends, holidays) and on an emergency basis; and

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

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each

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Contract year. Nothing in this section shall be construed to limit any rights of the Contract

Monitor or the State which may be allowed by the Contract or applicable law.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s

Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT)

Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD

X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA

DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and

COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements”

(see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.8 Federal Funding Acknowledgement

1. There are programmatic conditions that apply to the Contract due to federal funding (see

Attachment H).

2. The total amount of federal funds allocated for the OSCNP is $495,383,727.00 in Maryland State fiscal year 2026. This represents 96% of all funds budgeted for the unit in that fiscal year. This does not necessarily represent the amount of funding available for any particular grant, contract, or solicitation.

3. The Contract contains federal funds. The source of these federal funds is the United States

Department of Agriculture. The CFDA number is 10.185. The conditions that apply to all federal funds awarded by the State are contained in Federal Funds Attachment H. Any additional conditions that apply to this particular federally funded contract are contained as supplements to

Federal Funds Attachment H and Bidders are to complete and submit these Attachments with their

Bids as instructed in the Attachments. By completing and submitting Attachment H, the Bidder agrees to comply. Acceptance of this agreement indicates the Bidder’s intent to comply with all federal funding conditions (which are part of the Contract).

IFB for Maryland State Department of Education 16

3.9 Conflict of Interest Affidavit and Disclosure

A. The Bidder shall complete and sign the Conflict-of-Interest Affidavit and Disclosure

(Attachment I) and submit it with its Bid.

B. By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

C. Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR

21.05.08.08.

D. Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md.

Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not:

(1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

A. A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

3.10.2 Non-Disclosure Agreement (Contractor)

A. This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure

Agreement (NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award;

however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of

Maryland. See the Department of Labor, Licensing and Regulations website for Maryland

Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.12 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

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

https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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3.13 Insurance Requirements

3.13.1 The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised: The following type(s) of insurance and minimum amount(s) of coverage are required:

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’

Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

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

3.13.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverage listed above, including umbrella policies, excluding Workers’

Compensation Insurance and professional liability.

3.13.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the

Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

3.13.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5)

Business Days from notice of the recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

IFB for Maryland State Department of Education 18

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

A. eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid

Conference (Conference)summary and attendance sheet, Bidders’ questions and the Procurement

Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

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

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or

Contract Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means include e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

A. A pre-Bid Conference will be held. The date, time, and location is indicated on the Key

Information Summary Sheet.

B. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

C. It is highly recommended that all Prime Contractors bring their intended subcontractors to the

Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

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

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

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

IFB for Maryland State Department of Education 19

F. Those wishing to attend the web conference may request a meeting invitation by emailing Merl

Eustache Webster at merl.eustachewebster@maryland.gov no later than 2:00 PM one day before the pre bid. An invitation e-mail is required for registration, and therefore attendance. Upon receipt of the email, the Procurement Officer will reply with a registration email with a link that may be used to register for the conference. Registration must be completed by 2:00 PM.

G. In order to assure adequate accommodations at the Conference, please email the completed

Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

4.4 Questions

A. All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

B. Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

C. The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

4.5 Bid Due (Closing) Date and Time

A. Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

B. Requests for extension of this date or time shall not be granted.

C. Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the

Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

D. The date and time of an eMMA submission is determined by the date and time of upload to eMMA as indicated on the Key Information Summary Sheet.

E. Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

F. Bids may not be submitted by e-mail, facsimile, or via hard copy paper (hand delivery, USPS mail, courier, FedEx, UPS, etc.).

G. Potential Bidders not responding to this solicitation are requested to submit the “No Bid

Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

IFB for Maryland State Department of Education 20

4.6 Receipt, Opening and Recording of Bids

A. Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

B. Bids shall be opened publicly at the time, date and place designated in the Key Information

Summary Sheet.

The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

4.7 Duration of Bids

A. Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved. This period may be extended at the Procurement Officer’s request only with the

Bidder’s written agreement.

4.8 Revisions to the IFB

A. All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

B. Bidders shall acknowledge in the Bid the receipt of all addenda to this IFB issued before the Bid due date.

C. Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

4.9 Cancellations

A. This IFB may be cancelled as provided in COMAR 21.06.02.02

B. The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

C. In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with COMAR

21.01.03.01.A(4).

D. If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-

207(b)(2).

IFB for Maryland State Department of Education 21

4.10 Incurred Expenses

A. The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.11 Protest/Disputes

A. Any protest or claim related to this IFB or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.12 Bidder Responsibilities

A. A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder

(the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

B. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate.

Guidance for completing the Attachments is provided in the appropriate Appendix to this IFB (see

“Appendix 4 - MBE Participation Goal”.)

C. If the Bidder is the subsidiary of another entity, all information…