MVA Easton Fire Alarm Replacement IFB.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION (MDOT MVA)

INVITATION FOR BIDS (IFB)

REPLACEMENT OF FIRE ALARM SYSTEM AT THE

MDOT MVA EASTON BRANCH

SOLICITATION NO.: VEAS23046C

ISSUE DATE: FEBRUARY 1, 2023

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation

Replacement of Fire Alarm System at MVA Easton Branch Solicitation #: VEAS23046C IFB Document

Page ii of 76

MARYLAND MOTOR VEHICLE ADMINISTRATION

NO BID NOTICE/VENDOR FEEDBACK FORM

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

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

Title: Replacement of Fire Alarm System at MVA Easton Branch Solicitation #: VEAS23046C

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

� Other commitments preclude our participation at this time

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

� We are inexperienced in the work/commodities required

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

� The scope of work is beyond our present capacity

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

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

� Time allotted for completion of the Bid is insufficient

� Start-up time is insufficient

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

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

� MBE or VSBE requirements (Explain in REMARKS section)

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

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

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

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

Page iii of 76

STATE OF MARYLAND

MOTOR VEHICLE ADMINISTARTION (MVA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Replacement of Fire Alarm System at the MVA Easton Branch Office

Solicitation Number: VEAS23046C

IFB Issue Date: February 1, 2023

IFB Issuing Office: Motor Vehicle Administration (MVA)

Procurement Officer: TaJuana Nelson Motor Vehicle Administration

6601 Ritchie Highway, NE, Room 223 Glen Burnie, Maryland 20162

E-mail:

Office Phone:

tnelson1@mdot.maryland.gov

(410) 786-7068

Bids are to be sent to: eMaryland Marketplace Advantage (eMMA)

Pre-Bid/Site Walk Conference:

February 9, 2023, at 11:00 AM Local Time at the MVA Easton Branch Office. See Attachment A for instructions.

Questions Due Date and Time February 16, 2023, at 2:00 PM Local Time

Bid Due (Closing) Date and Time:

February 23, 2023, at 12:00 PM Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Bid Opening Date and Time February 23, 2023, at 1:00 PM Local Time

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: 270 Calendar Days from NTP

Primary Place of Performance:

9148 Centreville Road, Easton, Maryland 21601

SBR Designation: Yes

Federal Funding: No mailto:tnelson1@mdot.maryland.gov

Page iv of 76

TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Project Goal

2.4 Responsibilities and Tasks

2.5 Contractors Responsibilities

2.6 Deliverables

2.7 Contractor’s Use of Site and Premises

2.8 Work Restrictions

2.9 Specification and Drawing Convention

2.10 Product

2.11 Hazardous Materials

3 Contractor Requirements: General

3.1 Invoicing

3.2 Liquidated Damages

3.4 Insurance Requirements

3.5 Security Requirements

3.6 Performance and Personnel

3.7 Substitute of Personnel

3.8 Minority Business Enterprise (MBE) Reports

3.9 Veteran Small Business Enterprise (VSBE) Reports

3.10 Additional Clauses

4 Procurement Instructions

4.3 Pre-Bid Conference

4.4 eMaryland Marketplace Advantage (eMMA)

4.5 Questions

4.6 Procurement Method

4.7 Bid Due (Closing) Date and Time

4.8 Multiple or Alternate Bids

4.9 Receipt, Opening and Recording of Bids

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4.10 Confidentiality of Bids / Public Information Act Notice

4.11 Award Basis

4.12 Limitations of Liability

4.13 Tie Bids

4.14 Duration of Bids

4.15 Revisions to the IFB

4.16 Cancellations

4.17 Incurred Expenses

4.18 Protest/Disputes

4.19 Bidder Responsibilities

4.20 Acceptance of Terms and Conditions

4.21 Bid/Proposal Affidavit

4.22 Contract Affidavit

4.23 Compliance with Laws/Arrearages

4.24 Verification of Registration and Tax Payment

4.25 False Statements

4.26 Payments by Electronic Funds Transfer

4.27 Prompt Payment Policy

4.28 Electronic Procurements Authorized

4.29 MBE Participation Goal

4.30 VSBE Participation Goal

4.31 Living Wage Requirements

4.32 Federal Funding Acknowledgement

4.33 Conflict of Interest Affidavit and Disclosure

4.34 Non-Disclosure Agreement

4.35 HIPAA - Business Associate Agreement

4.36 Nonvisual Access

4.37 Mercury and Products That Contain Mercury

4.38 Location of the Performance of Services Disclosure

4.39 Department of Human Services (DHS) Hiring Agreement

4.40 Small Business Reserve (SBR) Procurement

4.41 Bonds

4.42 Maryland Healthy Working Families Act Requirements

4.43 Prompt Payment of Subcontractors

4.44 Differing Site Conditions

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4.45 Site Investigation

4.46 Payment of Employee Health Care Expenses

4.47 Change Orders

4.48 Prevailing Wage

5 Bid Format

5.3 One Part Submission

5.4 Bid Price Form

5.5 Required Bid Submission

5.6 Delivery

5.7 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.3 Bid Evaluation Criteria

6.4 Reciprocal Preference

6.5 Award Determination

6.6 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference/Site Visit Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Page vii of 76

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Attachment Q. Health Care Expenses Certification

Attachment P Prevailing Wage

Attachment X Technical Specifications

Attachment Y Drawing

Appendix 1. – Abbreviations and Definitions

Appendix 2 Bidder Information Sheet

Appendix 3 Performance Bond

Appendix 4 Payment Bond

Appendix 5 Bid Bond

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

1.1.1 Bidder's Company must have been in business for a minimum of five years continuously, under the same management as that in effect at the time of bid, providing fire alarm device installation including fire alarm control panels, notification devices, annunciators, conduit, wiring, power circuiting, associated controls, and other components as described in the contract documents. The Bidder is responsible for engaging with a qualified fire alarm system designer and installer, as necessary, with experience performing a systematic renovation.

1.1.2 A minimum of three (3) references shall be included on the Company Information, Experience, and References, and submitted with bid package. To expedite the award process, it is very important for bidders to include detailed information for each reference. This includes dates the service provided, the type of service provided, type of building serviced, reachable phone numbers and email addresses. All information will be verified. All references shall be current and willing to provide information over the phone.

1.1.3 The contractor must have in their regular employment licensed, experience, qualified and certified electricians, relative to the MVA commercial equipment being installed. The contractor must have a valid Maryland Master Electrician’s License. The fire alarm installer must be trained and certified in fire-alarm system design, be a NICET- certified fire-alarm technician, Level IV minimum, and licensed or certified by the authorities having jurisdiction.

1.1.4 Contractor shall provide active Master and Journeymen Electrician License(s) for all employees who will be servicing the equipment, with submittal of bid. Contractor shall provide active qualifications of the fire alarm installer. Failure to provide any qualifications as set forth may deem your bid non-responsive.

1.1.5 Contractor shall submit in sufficient detail information to demonstrate that he/she possess the qualification, ability, capacity, facilities and resources to accomplish the work as set forth in these specifications, all to the satisfaction of the MVA.

1.1.6 Contractor shall self-perform the majority (>51%) of the Project work shown on the contract drawings with his/her own forces; this percentage of the work may not be subcontracted. If at any point during the project it is determined by MVA that this percentage will not be met, it is grounds for immediate contract termination.

1.1.7 The successful Contractor(s) shall be an Electrical Contractor licensed in the State of Maryland and in a good standing with Maryland Department of Assessments and Taxation. Bidder shall submit a State of Maryland Certificate of Good Standing or other filing verifying the bidder is in Good Standing with the Department of Assessments and Taxation of Maryland. Certificates of Status may be obtained online at http://www.dat.state.md.us. In addition contractor shall be required to have in his/her possession the necessary licenses, insurances and bonding for the work.

The adequacy of the Contractor to perform the work will be solely decided by the MVA.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

http://www.dat.state.md.us/

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

The Maryland Motor Vehicle Administration (MVA) is issuing this Invitation for Bids (IFB) for the replacement of the fire alarm system at the MVA Easton Branch Office and as defined in the technical specification, drawing, and as specified in this IFB. The work covered under this IFB includes site investigations to evaluate existing conditions and demolition of the existing fire alarm system for complete replacement. Furnish and install a complete addressable fire alarm system including but not limited to the control panel, and all associated devices, raceway, wiring; architectural and electrical alterations, and other Work indicated in the solicitation.

The Contractor shall furnish all equipment, labor, materials, and performance of all operations, including temporary protection and required scaffolding associated with the installation. The existing system is to remain in full operation during the installation of the new system. The existing system will not be decommissioned until the new system is fully commissioned and approved by the Fire Marshall.

2.1.1 It is the State’s intention to obtain services, as specified in this IFB, from a Contract between the selected Bidder and the State. The anticipated duration of services to be provided under this Contract can be found on the IFB Key Information Summary Sheet (page iii).

2.1.2 The MVA intends to make a single award as a result of this IFB to a Contractor that proposes a team of resources that can best satisfy the IFB requirement

2.2 Background and Purpose

The MVA plays a vital role in ensuring mobility for Maryland residents and road users. As one of the five (5) Transportation Business Units (TBU) under the Maryland Department of Transportation (MDOT), the MVA is responsible for the following tasks:

A. Licenses all commercial and non-commercial drivers;

B. Registers and titles commercial and non-commercial vehicles;

C. Issues photo identification for non-drivers;

D. Manages Driver Instructional, Driver Wellness and Motor Vehicle Safety Programs;

E. Protects the integrity and security of driver and vehicle records;

F. Administers the mandatory insurance compliance program;

G. Inspects Maryland’s school buses;

H. Regulates driving schools and motor vehicle dealers;

I. Ensures air quality through the vehicle emissions inspection program; and, J. Reduces and prevents motor vehicle related crashes, injuries and fatalities through education, enforcement, and engineering countermeasures.

The MVA is evaluating its current fire alarm system in its Easton branch Office in order to conduct a complete replacement of the fire alarm system. No services will be performed during State Holidays or when the building is closed unless authorized by the Contract Manager.

Working Hours: Regular business hours for the MVA employees are Monday, Tuesday, Wednesday, and Friday 8:00 AM to 5:00 PM; Thursday 8:00 AM to 7:00 PM and Saturday 8:00 AM to 12:00 PM.

1. Early Morning and Late Evening Hours: Comply with local zoning regulations by authorities having jurisdiction for restrictions on noisy work.

2. Hours for Utility Shutdowns: Comply with the Owner's restrictions.

3. Hours for Core Drilling and/or other noisy activity: Comply with the Owner's restrictions.

NOTE: The project site shall be cleaned daily.

2.3 Project Goal

The construction work shall be performed such that limited disruptions to the operations of the building occur. The following is a summary of the requirements and coordination which shall be performed by the Contractor:

1. Interruption of power to any existing equipment, light or receptacle shall take place only when the work areas are unoccupied (after working hours).

2. The work in the employee work areas shall take place only when the work areas are unoccupied (after working hours).

3. All work times shall be coordinated with MVA. The contractor shall inform MVA when and where they plan to work in advance. Provide at least two (2) weeks’ advance notice unless requirements indicated elsewhere are more stringent.

4. The contractor shall coordinate punch list with the MVA Contract Manager, Architecture/Engineering firm and attend to the punch list of the system which shall include startup and prove-out (in the presence of the MVA) of the system and a field visit to retest specific items. The Contractor shall perform and complete a GC-subcontractor punch list prior to the MVA/Architect punch list.

2.4 Responsibilities and Tasks

Personnel roles and responsibilities under the IFB:

2.4.1 Procurement Officer – The Procurement Officer has the primary responsibility for the management of the IFB process, for the resolution of IFB Agreement scope issues, and for authorizing any changes to the IFB.

2.4.2 Contractor – The Contractor is the Contractor awarded this IFB and is responsible for the performance of the Technical Specifications –Attachment X, and Drawing- Attachment -Y.

2.4.3 Contractor Manager – The Contractor Manager will serve as primary point of contact to regularly discuss progress of tasks, upcoming tasking, historical performance, and resolution of any issues that may arise pertaining to the Contractor Personnel.

2.4.4 Contractor Personnel – Any official, employee, agent, Subcontractor, or Subcontractor agents of the Contractor who is involved with the Task over the course of the Contract period of performance

2.5 Contractors Responsibilities

The Contractor shall

2.5.1 Meet and perform in accordance with the technical specifications as described in Attachment X Technical Specifications – MVA Replacement of Fire Alarm System at Easton Branch.

2.5.2 Provide notifications to State and other appropriate authorities as expected by best practices, regulation, and as may be specified in the IFP and its attachments.

2.5.3 Obtain and retain all appropriate certifications and permits for the jurisdiction(s) covered by the location where the Fire Alarm Systems and other products/services will be installed.

2.5.4 Obtain acceptance of the products and services. A closeout binder shall be produced and submitted to the Contract Manager for review and acceptance

2.5.5 Responsible for providing temporary provisions to keep the existing fire alarm system in operation until the new system is fully operational and accepted.

2.5.6 Early Morning and Late Evening Hours, the Contractor shall comply with local zoning regulations by authorities having jurisdiction for restrictions on noisy work.

2.5.7 Hours for Utility Shutdowns, the Contractor shall comply with the MVA's restrictions.

2.5.8 Hours for Core Drilling and/or other noisy activity. The Contractor shall comply with the MVA’s restrictions.

2.6 Deliverables

2.6.1 Project Schedule and Schedule of Values

A. The contractor shall develop a critical path method schedule for the project utilizing Microsoft Project. The CPM schedule shall indicate the critical path and shall identify no activity longer than 2 weeks.

1. A schedule must be provided in detail for approval by the MVA and the engineer.

2. Work that takes place outside regular working hours shall be broken down by the hour to allow

MVA the ability to schedule supervision staff.

3. Schedule Milestones are to include:

a. Submittals to the MVA/engineer within 14 calendar days

b. All re-submittals to the MVA/Engineer within 28 calendar days

c. Materials delivery no later than 2 months

B. The contractor shall develop and submit a schedule of values for the project. The schedule of value shall be tied to the project schedule. Pricing for major equipment purchases shall be shown in the schedule of values.

2.6.2 Codes and Permits

A. All work shall be in accordance with applicable codes and local regulations that may apply. In case of conflict in or between the Contract Documents and a governing code or ordinance, the more stringent standard shall apply.

B. The work shall be performed by the contractor in accordance with the National Electric Code – 2017; NFPA 101- 2018 (supersede the drawing), 2018 International Building Code, 2018 International Existing Building Code (Level 1 Alterations), and other applicable codes as delineated on the drawings and the Specifications.

2.7 Contractor’s Use of Site and Premises

A. On-site storage of equipment, tools, and other items shall be permitted.

B. Confine operations of workmen within the defined project site, which is the MVA office building.

C. The Contractor shall limit the use of the premises to the Work indicated, to always allow for MVA occupancy and operation. Do not disturb portions of the Project site beyond areas in which the Work is indicated.

1. Keep the existing driveways and entrances always serving the premises clear and available to the MVA and its employees, and emergency vehicles. Do not use these areas for parking or storage of materials.

a. Schedule deliveries to minimize the use of driveways and entrances.

b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

D. Use of Existing Building: Maintain the existing building in a weathertight condition throughout the construction period. Repair damage caused by construction operations. Protect the building and its occupants during the construction period.

E. Condition of Existing Grounds: Maintain portions of existing grounds, landscaping, and hardscaping affected by construction operations throughout the construction period. Repair damage caused by construction operations.

2.8 Work Restrictions

The Contractor shall comply with restrictions on construction operations.

1. Use of tobacco products and other controlled substances on the Project site is not permitted.

2. Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to the Contract Manager.

3. Comply with any required jurisdictional requirements as it relates to public street and sidewalk activity including but not limited to loading, locating dumpster, unloading, temporary storage structures, boom (lift) equipment, sidewalks, etc.

2.9 Specification and Drawing Convention

A. Specification Format: The Specifications are organized into Divisions and Sections using the 50-division format and AIA "Master Format" numbering system.

1. Section Identification: The Specifications use Section numbers and titles to help to cross-reference the Contract Documents. Sections in the Project Manual are in numeric sequence;

however, the sequence is incomplete because all available Section numbers are not used.

B. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:

1. Imperative mood and streamlined language are generally used in the Specifications.

Requirements expressed in the imperative mood are to be performed by the Contractor.

Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by the Contractor or by others when so noted.

a) The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.

b) The word “days” refers to Calendar days unless specified otherwise.

2. Text Color: Text used in the Specifications, including units of measure, manufacturer and product names, and other text may appear in multiple colors or underlined as part of a hyperlink;

no emphasis is implied by text with these characteristics.

3. Hypertext: Text used in the Specifications may contain hyperlinks. Hyperlinks may allow for access to link information that is not residing in the Specifications. Unless otherwise indicated, linked information is not part of the Contract Documents.

4. Specification requirements are to be performed by the Contractor unless specifically stated otherwise.

5. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates.

C. Special Specification Requirements: The Technical Specifications included in the solicitation shall not be used or copied due to Copy Rights.

D. Division 00 Contracting Requirements: Any references to General and Special Provisions of the Contract, including General and Supplementary Conditions shall mean to apply MVA Standard Provisions and this IFB, apply to all Sections of the Specifications.

E. Division 01 General Requirements: Any references to Division 01 shall mean to apply MVA Standard Provisions to the Work of all Sections in the Specifications.

F. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products:

1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections.

2. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S. National CAD Standard and scheduled on Drawings.

3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual.

2.9.1 Miscellaneous Provisions

A. Work in the extension of existing conditions shall correspond in all respects with the existing conditions to which it connects, or to similar existing conditions, in materials, workmanship, and finish.

B. Alterations to Existing Conditions: Existing conditions shall be cut, drilled, removed, temporarily removed, or removed and replaced, as necessary for the performance of work under the contract.

1. Replacements of existing conditions that are removed shall match similar existing conditions.

2. Unless otherwise indicated, existing structural members shall not be cut or altered without authorization by the Contracting Officer.

3. Conditions remaining in place, which are damaged or defaced during the work, shall be restored to the condition existing at the time of award of the contract.

4. Discolored or unfinished surfaces exposed by removal of existing conditions, that are indicated to be final exposed surfaces, shall be refinished, or replaced as necessary to produce uniform and harmonious contiguous surfaces.

C. Existing structures will remain in place.

D. Outside Utility Connections: Underground and overhead utility services shall be provided complete to all points of connection indicated, and any "Limit of Contract" lines or other general limits indicated shall not apply to utility services and connections outside of these lines or limits.

E. Removed items indicated to remain the property of the Owner and shall be stored on-site as directed by the Owner.

2.10 Product

A. The contractor shall submit the proposed materials and equipment to the MVA and the engineer for approval. Approval of the materials and equipment shall occur prior to installation. Submittals may be submitted via email to the A/E Team and copying the Owner’s Representative. Submittals will be returned to the contractor within 14 days of submission from the engineer & owner.

2.11 Hazardous Materials

A. All potential asbestos products must be tested by the MVA and certified to be asbestos-free or abated prior to the commencement of any of the above-stated work.

3 Contractor Requirements: General

3.1 Invoicing

3.1.1 General

a) The Contractor shall send the original of each invoice and signed authorization to invoice to the Contract Manager, via e-mail address, or as otherwise requested by the MVA. Contract Manager will be identified upon Notice to Proceed

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Goods or services provided;

10) Amount due; and

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

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

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

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

g) 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.

h) 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.

3.1.2 Invoice Submission Schedule

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

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

2. For items of work for which there is quarterly pricing, see Attachment B–Bid Form, those items shall be billed in the month following the performance of the services.

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

4. The amount invoiced is inconsistent with the Contract;

5. The proper invoice has not been received by the party or office specified in the

Contract;

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

7. The item or services have not been accepted;

8. The quantity of items delivered is less than the quantity ordered;

9. The items or services do not meet the quality requirements of the Contract;

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

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

or

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

3.1 Retainage

This contract is subject to the provision of COMAR 21.07.02.05-3. Ten percent (10%) of the total Contract value shall be retained by the MVA and will not be released until final payment.

The Contractor shall invoice the State for the retainage amount as part of the final invoice.

3.2 Liquidated Damages

3.3.1 MBE Liquidated Damages

MBE Liquidated Damages is inapplicable to this IFB.

3.3.2 Liquidated Damages other than MBE

Time is an essential element of the contract, and it is important that the work be vigorously prosecuted until completion.

For each day that any work shall remain uncompleted beyond 120 Calendar Days from the date of NTP, except for days due to excusable delays, the Contractor shall be liable for liquidated damages in the amount of $700 per day. However, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved change orders."

3.4 Insurance Requirements

3.4.1 The Contractor shall also confirm that any insurance policies intended to satisfy the requirements of this IFP are issued by a company that is licensed to do business in the State of Maryland.

3.4.2 The recommended awardee must provide a certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in the IFB “Insurance Requirements” within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts the Contractor shall update certificates of insurance annually, or as otherwise directed by the Contract Manager

3.4.3 Contractor shall maintain commercial general liability (CGL) insurance and, if necessary, commercial umbrella insurance, with a limit of not less than $2,000,000 per each occurrence and shall insure against liability to third parties for accidental death, bodily injury or illness, property damage, and personal injury arising out of the work in connection with the Contract.

3.5 Security Requirements

The following requirements are applicable to the Contract:

3.5.1 Employee Identification

a) Contractor Personnel shall display his or her company ID badge in a visible location at all times while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

b) Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance if applicable, and wearing the badge in a visual location at all time.

c) Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion, that Contractor Personnel has not adhered to the Security requirements specified herein.

3.6 Performance and Personnel

3.6.1 Contractor Personnel Maintain Certifications

3.6.2 Any Contractor Personnel shall maintain in good standing and required professional certifications for the duration of the Contract

3.7 Substitute of Personnel

3.7.1 The Contract Manager may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Contract Manager, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law or Department, Contract, or Contract requirement.

3.8 Minority Business Enterprise (MBE) Reports

This Section is Inapplicable to this IFB.

3.9 Veteran Small Business Enterprise (VSBE) Reports

This Section is Inapplicable to this IFB.

3.10 Additional Clauses

3.10.1 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

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

3.10.2 Green Purchasing

The State of Maryland reserves the right to request from the Contractor and subcontractors quarterly sales data over the life of this contract. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold on this price agreement per the contract specifications.

This information will enable Maryland State agencies to comply with Article §14–405 of the Annotated Code of Maryland and COMAR 21.13.01.14, effective October 1, 2014, which requires Maryland state agencies to report to the Department of General Services on their procurement of environmentally preferable products and services.

To facilitate consistent reporting on targeted contracts, the Contractor will be required to submit quarterly VENDOR GREEN SALES REPORTs to MDOT MVA’s Socioeconomic Office. MDOT MVA’s Socioeconomic Office will provide the awarded Contractor and subcontractors further Green Purchasing Report submittal requirements, template and schedule after contract award. Additional Green Purchasing information is available on the Office of State Procurement’s website at https://dgs.maryland.gov/pages/greenpurchasing/index.aspx https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdgs.maryland.gov%2Fpages%2Fgreenpurchasing%2Findex.aspx&data=04%7C01%7Cdedet%40mdot.state.md.us%7C9dffa68b849244f362e508d9d7709a4a%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C637777700889603004%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=NKKYLt7QnOEPT1DZKIEY3eQKwhaW%2BPfD9kreSsPWuqY%3D&reserved=0

4 Procurement Instructions

4.3 Pre-Bid Conference

4.3.1 A pre-Bid conference (Conference) will be held at the date, time, and location indicated on the

Key Information Summary Sheet.

4.3.2 Attendance at the Conference is mandatory, and all interested parties are encouraged to attend in order to facilitate better preparation of their Bids.

4.3.3 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions. Contractors are advised of the Site Investigation clause.

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

4.3.5 In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form (Attachment A) no later than the time and date indicated on the form. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. The MVA will make a reasonable effort to provide such special accommodation.

4.4 eMaryland Marketplace Advantage (eMMA)

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

4.4.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.5 Questions

4.5.1 All questions regarding this solicitation, including concerns regarding any applicable, shall be sent to the Procurement officer by email no later than the date and time specified on the Key Information Summary Sheet under Questions Due Date and Time. Please, identify in the email subject line: the solicitation title and contract number.

4.5.2 If a question is received late, 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.”

4.5.3 Questions received timely by the Procurement Officer will be addressed in an amendment and posted on eMMA.

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

4.6 Procurement Method

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

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

4.7 Bid Due (Closing) Date and Time

4.7.1 Bids, in the number and form set forth in Section 5 Bid Format, must be received by the

Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

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

4.7.3 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.

4.7.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

4.7.5 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.

4.7.6 Bids may not be submitted by e-mail or facsimile. Bids will be opened in eMMA at the date and time indicated on the Key Information Summary Sheet.

4.7.7 Potential Bidders not responding to this solicitation are requested to submit the “No Bid Notice/Vendor Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.8 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.9 Receipt, Opening and Recording of Bids

4.7.1 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.

4.10 Confidentiality of Bids / Public Information Act Notice

4.10.1 The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

4.10.2 The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

4.10.3 For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.11 Award Basis

4.11.1 A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR 21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation.

See IFB Section 6 for Bid evaluation and award information.

4.11.2 Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

4.12 Limitations of Liability

Contractor shall be liable for any loss or damage to the State occasioned by the acts or omissions of

Contractor, its subcontractors, agents or employees as follows

4.13 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.14 Duration of Bids

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.

4.15 Revisions to the IFB

4.15.1 If the IFB is revised before the due date for Bids, the MVA shall post any addenda to the IFB on eMMA and shall endeavor 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 remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

4.15.3 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.

4.16 Cancellations

4.16.1 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.

4.16.2 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A(4).

4.16.3 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 cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3- 207(b)(2).

4.17 Incurred Expenses

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.

4.18 Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.19 Bidder Responsibilities

4.19.1 Bidders must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation.

4.19.2 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.19.3 A parental guarantee of the performance of the Bidder under this Section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.20 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Attachment M.

Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.21 Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment C of this IFB.

4.22 Contract Affidavit

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment N of this IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

4.23 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.24 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award.

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