MVA Warehouse Racking System.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION (MDOT MVA)

INVITATION FOR BIDS (IFB)

WAREHOUSE RACKING SYSTEM

SOLICITATION NO.: VHQ23048M

ISSUE DATE: DECEMBER 20, 2022

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

Title: Warehouse Racking System.

Solicitation No.: VHQ23048M IFB Document

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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: Warehouse Racking System Solicitation No.: VHQ23048M

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 50 MARYLAND MOTOR VEHICLE ADMINISTRATION

STATE OF MARYLAND

MOTOR VEHICLE ADMINISTARTION (MVA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Warehouse Racking System

Solicitation Number: VHQ23048M

IFB Issue Date: December 20, 2022

IFB Issuing Office: Motor Vehicle Administration (MVA)

Procurement Officer: Dominic Edet Motor Vehicle Administration

6601 Ritchie Highway, NE, Room 223 Glen Burnie, Maryland 20162 e-mail:

Office Phone:

dedet@mdot.state.md.us

(410) 768-7033

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

Pre-Bid Conference: January 3, 2023, at 10:00AM Local Time. See Attachment A for instructions.

Site Visit. Mandatory Site Visit following the Pre-bid Meeting at 150 Blades Lane Suite H, Glen Burnie, MD 21060. 10:30AM

Questions Due Date and Time January 9, 2023, at 2:00 PM Local Time

Bid Due (Closing) Date and Time:

January 17, 2023, at 1:00 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 January 17, 2023, at 1:00PM Local Time

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: 100 days commencing on the date of Notice to Proceed.

Primary Place of Performance:

150 Blades Lane Suite H, Glen Burnie, MD 21060.

SBR Designation: Yes

Federal Funding: No mailto:dedet@mdot.state.md.us

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TABLE OF CONTENTS – IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Project Goal

2.4 Responsibilities and Tasks

2.5 Contractors Responsibilities

2.6 Work Restrictions

3 Contractor Requirements: General

3.1 Invoicing

3.2 Insurance Requirements

3.3 Security Requirements

3.4 Minority Business Enterprise (MBE) Reports

3.5 Veteran Small Business Enterprise (VSBE) Reports

3.6 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Confidentiality of Bids / Public Information Act Notice

4.8 Award Basis

4.9 Limitations of Liability

4.10 Tie Bids

4.11 Duration of Bids

4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

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4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Maryland Healthy Working Families Act Requirements

4.39 Prompt Payment of Subcontractors

4.40 Payment of Employee Health Care Expenses

4.41 Change Orders

5 Bid Format

5.1 One Part Submission

5.2 Bid Price Form

5.3 Required Bid Submission

5.4 Delivery

5.5 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

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6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference/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. Mercury Affidavit

Attachment J. Location of the Performance of Services Disclosure

Attachment K. Contract

Attachment L. Contract Affidavit

Appendix 1. – Abbreviations and Definitions

Appendix 2 Offeror Information Sheet

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

1.1.1 The Bidder's must have been in business for a minimum of five (5) years, and able to obtain permit and pass any required inspections.

1.1.2 The Contractor shall have five (5) years of experience in layout and design, certified, and licensed in installing warehouse racking system. As proof of meeting this requirement, the Contractor shall submit proof of license and any required certifications required for all safety measures for installing warehouse racking system.

1.1.3 Required documentation: As proof of meeting this requirement, the Offeror shall provide with its bid a minimum of three (3) references from customers within the most recent five (5) years that, when combined, are capable of attesting to the Offeror’s years of experience as specified in

1.1.1 above. Each reference shall include the following:

a. Name and complete address of business or company

b. Name of the contact person, email address, and current phone number

c. Term and length of each contract

d. Size and type of facility (square footage)

e. Type of services provided

f. Names of supervisory personnel who will perform under the contract, specifying the length and type of experience of each/such personnel

g. Contract value

Note: The MVA reserves the right to request additional references provided by a Bidder.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

The Maryland Motor Vehicle Administration (MVA) is issuing this Invitation for Bids (IFB) from a prospective bidder to furnish all equipment, labor, and materials for the installation of warehouse racking system at the MVA Glen Burnie Warehouse located at 150 Blades Lane Suite H, Glen Burnie, MD 21060.

The work covered under this IFB includes the removal and disposal of the existing flow racks with exception to the decking. The MVA will keep and utilize the old decking/responsible for removing pallets from shelves.

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.

2.2.1 The purpose of this IFB is to install new warehouse racking system - shelves and pallet rack in three

(3) areas of the warehouse per the specifications, the attached layout plan, and drawing Exhibit A-2.

A. Layout and design shall meet all building, life, fire, safety, and proper ingress/egress codes and all other applicable regulations.

B. The MVA reserves the right, at its sole discretion, to reject any proposed layout/design that does not provide adequate shelving space or is otherwise unsatisfactory.

C. The Contractor shall maintain daily contact with the Contract Manager.

D. The Contactor shall remove all trash, boxes, existing flow racks, and other items related to the installation, and provide overall clean-up of the work area.

E. The Contractor shall supply their own tools including, but not limited to, ladders, vacuum cleaners, extension cords, power tools, etc. The MVA will not provide any tools or supplies.

F. The Contractor shall install new beams with heavy duty upright for the warehouse.

i. Install post protector for all frames and pushback racks.

ii. Min beam load capacity: 6,000 lbs.

iii. All shelving will be three (3) levels (The first level will be floor, and two (2) additional spacers above floor level).

iv. 12” spacer for back-to-back racks.

v. All racking units are to be bolted to the floor with wedge anchors.

vi. Lock mechanism

G. Colors: As listed below.

i. Upright Frames - Gray.

ii. Beams - Yellow.

2.2.2 The MVA reserves the right to accept or reject any proposed units based on condition or suitability.

2.3 Project Goal

2.3.1 Provision and installation of Area 1.

All frame for Area 1 will be 144” X 42” and all beams will be 96” x 45”.

A. 1 Carton Flow rack – 32” with a height of 96”. This would equate to 4 sections of 96” each.

Depth should be 48”

B. 1 freestanding rack to accommodate 5 pallet positions.

C. 1 Back-to-Back rack to accommodate 5 pallet positions on each side.

D. 1 Wall rack to accommodate 7 pallet positions.

2.3.2 Provision and installation of Area 2.

All frame for Area 1 will be 144” X 42” and all beams will be 96” x 45”.

A. 1 Push Back Racking systems to accommodate 7 pallet positions.

B. 1 Push Back Racking system to accommodate 8 pallet positions.

C. 1 Back-to-back rack to accommodate 6 pallet positions on each side.

2.3.3 Provision and installation of Area 3.

A. First two (2) wall racks to accommodate 4 pallets positions each. All shelving will be 3 levels.

The first level will be floor so we will need 2 additional shelving spaces above floor level, equal spacing.

B. Second two (2) wall racks to accommodate 1 pallet position each. All shelving will be 3 levels.

The first level will be floor. 2 additional shelving spaces above floor level, equal spacing.

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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 specifications

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.

2.5 Contractors Responsibilities

The Contractor shall

2.5.1 Meet and perform in accordance with the specifications as described in the IFB.

2.5.2 Obtain and retain all appropriate certifications and permits for the jurisdiction(s)

2.5.3 Obtain acceptance of the products and services. To be submitted to the Contract Manager for review and acceptance.

2.5.4 Remove and disposal of the existing flow racks at no additional cost to the MVA.

2.6 Work Restrictions

The Contractor shall comply with restrictions.

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 with the Contract Manager.

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.

3.3.2 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.

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

a) The amount invoiced is inconsistent with the Contract;

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

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

d) The item or services have not been accepted;

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

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

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

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

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

3.2 Insurance Requirements

3.2.1 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.

3.2.2 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

3.2.3 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.

3.3 Security Requirements

The following requirements are applicable to the Contract:

3.3.1 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.

3.4 Minority Business Enterprise (MBE) Reports

This Section is Inapplicable to this IFB.

3.5 Veteran Small Business Enterprise (VSBE) Reports

This Section is Inapplicable to this IFB.

3.6 Additional Clauses

3.6.1 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.

3.6.2 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

4.1 Pre-Bid Conference

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

Information Summary Sheet.

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

4.1.3 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.

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

4.1.5 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.

4.2 eMaryland Marketplace Advantage (eMMA)

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

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

4.3 Questions

4.3.1 All questions 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.

4.3.2 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.”

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

4.3.4 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.

4.4 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

4.5 Bid Due (Closing) Date and Time

4.5.1 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.

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

4.5.3 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.

4.5.4 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.

4.5.5 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.

4.5.6 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.

4.5.7 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).

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Confidentiality of Bids / Public Information Act Notice

4.7.1 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.

4.7.2 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.

4.7.3 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.

4.8 Award Basis

4.8.1 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.

4.8.2 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.

4.9 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

4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.11 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.

4.12 Revisions to the IFB

4.12.1 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.

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

4.12.3 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.

4.13 Cancellations

4.13.1 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.

4.13.2 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).

4.13.3 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).

4.14 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.

4.15 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).

4.16 Bidder Responsibilities

4.16.1 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.

4.16.2 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.

4.16.3 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.

4.17 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.

4.18 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.

4.19 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.

4.20 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.

4.21 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.

4.22 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

4.22.1 In connection with a procurement contract a person may not willfully:

a) Falsify, conceal, or suppress a material fact by any scheme or device.

b) Make a false or fraudulent statement or representation of a material fact.

c) Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

4.22.2 A person may not aid or conspire with another person to commit an act under Section 4.22.1.

4.22.3 A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.23 Payments by Electronic Funds Transfer

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

4.23.1 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.

4.23.2 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/GADX1 0Form20150615.pdf.

4.24 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 Attachment M). Additional information is available on GOSBA’s website at:

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

4.25 Electronic Procurements Authorized

4.25.1 Under COMAR 21.03.05, unless otherwise prohibited by law, the MVA may conduct procurement transactions by electronic means, including the solicitation, proposing, award, execution, and administration of a contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21.

4.25.2 Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or Contract.

In the case of electronic transactions authorized by this IFB, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures.

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

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

4.25.4 In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., IFB § 4.23 describing payments by Electronic Funds Transfer), the following transactions are authorized to be conducted by electronic means on the terms as authorized in

COMAR 21.03.05:

The Procurement Officer may conduct the procurement using eMMA or e-mail to issue:

A. The Procurement Officer may conduct the procurement using eMMA, e-mail, or facsimile to issue:

1. The IFB;

2. Any amendments;

3. Pre-Bid conference documents;

4. Questions and responses;

5. Communications regarding the solicitation or IFB to any Bidder or potential Bidder;

6. Notices of award selection or non-selection; and

7. The Procurement Officer’s decision on any Bid protest or Contract claim.

B. The Bidder or potential Bidder may use e-mail to:

1. Ask questions regarding the solicitation;

2. Reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer’s request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the Procurement Officer and;

3. Submit a "No Bid Notice/Vendor Feedback Form" to the IFB.

4.25.5 The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract administration, except as outlined in Section 4.25.4 (A) of this subsection, utilizing e- mail, facsimile, or other electronic means if authorized by the Procurement Officer or Contract Manager.

https://procurement.maryland.gov/

4.25.6 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 initial Bids B. Filing of bid protests;

C. Filing of Contract claims and Notice of Claims;

D. Submission of documents determined by the MVA to require original signatures (e.g., Contract execution, Contract modifications); or E. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder be provided in writing or hard copy.

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

4.26 MBE Participation Goal

There is no MBE participation goal for this procurement.

4.27 VSBE Participation Goal

There is no VSBE participation goal for this procurement.

4.28 Living Wage Requirements

This procurement is subject to Living Wage Requirement.

a) Maryland law requires that contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05.

b) If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

c) Additional information regarding the State’s living wage requirement is contained in Attachment F.

Bidders must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment F-1) with their Bids. If the Bidder fails to complete and submit the required documentation, the State may determine the Bidder to not be responsible under State law.

d) Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or a Tier 2 Area of the State.

The specific Living Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State.

1) The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not http://www.dllr.state.md.us/labor/prev/livingwage.shtml

Page 21 of 50 MARYLAND MOTOR VEHICLE ADMINISTRATION included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18- 102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, the Contract will be determined to be a Tier (enter “1” or “2,” depending on where the majority of the service recipients are located) Contract.

2) The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder must identify in its Bid the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided.

3) If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract.

4) If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract.

e) If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. See

COMAR 21.11.10.07.

f) The Bidder shall identify in the Bid the location from which services will be provided.

g) NOTE: Whereas the Living Wage may change annually, the Contract price will not change because of a Living Wage change or a change in the State minimum wage. The Contractor shall be responsible for any wage/rate increase during the term of the Contract and such increase may not be passed on to the State.

4.29 Federal Funding Acknowledgement

This Contract does not contain federal funds.

4.30 Conflict of Interest Affidavit and Disclosure

4.30.1 The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure and submit it with its Bid.

4.30.2 By submitting a Conflict of Interest Affidavit, 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. The Procurement Officer may reject a Contractor’s under COMAR 21.06.02.03B.

4.30.3 Contractors should be aware that the State Ethics Law, Md. Code Ann., General Provisions Article, Title 5, might limit the selected Contractor's ability to participate in future related procurements, depending upon specific circumstances.

4.30.4 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.”

Page 22 of 50 MARYLAND MOTOR VEHICLE ADMINISTRATION

4.31 Non-Disclosure Agreement

4.31.1 Non-Disclosure Agreement (Bidder)

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

4.32 HIPAA - Business Associate Agreement

A HIPAA Business Associate Agreement is not required for this procurement.

4.33 Nonvisual Access

This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access.

4.34 Mercury and Products That Contain Mercury

This solicitation does not include the procurement of products known to likely include mercury as a component.

4.35 Location of the Performance of Services Disclosure

This solicitation does not require a Location of the Performance of Services Disclosure.

4.36 Department of Human Services (DHS) Hiring Agreement

This solicitation does not require a DHS Hiring Agreement.

4.37 Small Business Reserve (SBR) Procurement

4.37.1 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 GOSBA Small Business Reserve Program are eligible for award of a contract.

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

a) It is independently owned and operated;

b) It is not a subsidiary of another business;

c) It is not dominant in its field of operation; and

1) With respect to employees, in its most recently completed…