OPS-23-011-MT 10.18.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MDOT MTA)

INVITATION FOR BIDS (IFB)

AUTOMATED DOOR SYSTEMS SERVICE AND

MAINTENANCE

IFB NUMBER OPS-23-011-MT

ISSUE DATE: OCTOBER 18, 2022

NOTICE

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

(eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Automated Door Systems Service and Maintenance Solicitation #: OPS-23-011-MT IFB Document

IFB for MDOT MTA Page ii of 69

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: Automated Door Systems Service and Maintenance Solicitation No: OPS-23-011-MT

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: ________________________________________________________________

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STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MDOT MTA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Maintenance - Automated Door Systems Service and Maintenance

Solicitation Number: OPS-22-031-MT

IFB Issue Date: October 18, 2022

IFB Issuing Office: Maryland Department of Transportation Maryland Transit Administration (MDOT MTA or the "Administration")

Procurement Officer: Darica Lawson 6 St. Paul, 7th Floor Baltimore, MD 21202 e-mail:

Office Phone:

Dslawson08@yahoo.com 410-767-3763

Bids are to be sent to: Submit Via eMMA

Questions Due Date and Time Tuesday, November 2, 2022 at12pm EST

Bid Due (Closing) Date and Time:

Friday, November 18, 2022 at 12pm EST Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Public Bid Opening Date, Time and Location

Bid Tabulation via eMMA immediately

MBE Subcontracting Goal: N/A

VSBE Subcontracting Goal: N/A

Contract Type: T&M, Fixed price component

Contract Duration: 5 years

Primary Place of Performance:

Baltimore City Baltimore County

SBR Designation: No

Federal Funding: No mailto:Dslawson08@yahoo.com

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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 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Penalty

3.5 Insurance Requirements

3.6 Security Requirements

3.7 Problem Escalation Procedure

3.8 Work Orders

3.9 Additional Clauses

4 Procurement Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Questions

4.3 Procurement Method

4.4 Bid Due (Closing) Date and Time

4.5 Multiple or Alternate Bids

4.6 Receipt, Opening and Recording of Bids

4.7 Confidentiality of Bids / Public Information Act Notice

4.8 Award Basis

4.9 Tie Bids

4.10 Duration of Bids

4.11 Revisions to the IFB

4.12 Cancellations

4.13 Incurred Expenses

4.14 Protest/Disputes

4.15 Bidder Responsibilities

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4.16 Acceptance of Terms and Conditions

4.17 Bid/Proposal Affidavit

4.18 Contract Affidavit

4.19 Compliance with Laws/Arrearages

4.20 Verification of Registration and Tax Payment

4.21 False Statements

4.22 Payments by Electronic Funds Transfer

4.23 Prompt Payment Policy

4.24 Electronic Procurements Authorized

4.25 Living Wage Requirements

4.26 Conflict of Interest Affidavit and Disclosure

4.27 Non-Disclosure Agreement

4.28 Mercury and Products That Contain Mercury

4.29 Maryland Healthy Working Families Act Requirements

5 Bid Format 23

5.1 Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

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. Not Applicable

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

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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

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Bidder Information Sheet

Appendix A --Locations……………………………………………………………………… .70

Appendix B – Scheduled Information ……………………………………………………

OCIP Attachment …………………………………………………………………………...75 -116

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder shall provide proof with its Bid that the following Minimum Qualifications have been met:

The Successful Bidder shall be a firm in business with three (3) years of experience installing and maintaining Automated Door Systems. A list of completed related projects along with three (3) references shall be submitted with the bid.

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

• Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid a list of projects with the required experience and references. Firm’s references should be consistent with required information from section 5

Note: Joint ventures as defined in COMAR 21.11.03.03 are eligible

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of Transportation Maryland Transit Administration (MDOT MTA or the "Administration") is issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the MDOT MTA: The Access Control Department is responsible to provide security and its core mission is based on the necessity to increase the agency’s overall physical security systems. This Contract provides preventative maintenance (PM), regular and emergency repairs to thirty (30) automatic sliding door systems and one revolving door system. Locations of these door systems are listed in Appendix “A” of this Contract. Automated Door Systems can be added or deleted to appendix “A” at any time during the length of this contract.

2.1.2 It is the State’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the State.

2.1.3 The Administration intends to make a single award for the work under this IFB. MDOT MTA reserves the right to make up to two awards. See IFB Section 4.9 Award Basis for more Contract award information.

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

2.1.5 Maryland State and local entities as defined in Finance and Procurement §13-110(a) and nonprofit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or nonprofit entities:

Shall constitute Contracts between the Contractor and that entity;

Shall not constitute purchases by the State or State agencies under the Contract;

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

2.1.6 All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

2.2 Background and Purpose

The State is issuing this solicitation for the purposes of providing the Maryland Department of Transportation (MDOT) Maryland Transit Administration (MTA) a maintenance program for various makes and models of automated door systems for scheduled and unscheduled inspections, preventative maintenance, service, and repair.

2.2.1 State Staff and Roles

a) Most services required under this contract will be performed during normal business hours, Monday – Friday 7:30am – 3:00pm, however this contract includes emergency on-call services which includes nights, weekends, and holidays. The MDOT MTA will not provide additional compensation for work completed outside the normal business hours.

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b) The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified.

c) The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work and will provide such additional assistance and services as is specifically set forth.

2.3 Responsibilities and Tasks

2.3.1 The Contractor shall employ and deploy skilled technicians who have at least a year of experience trained in automated door systems service, maintenance and testing.

2.3.2 The Contractor shall acquaint themselves with all items listed in Appendix “A”. Failure to do so will not absolve the Contractor of their contractual obligation should repairs arise.

2.3.3 The Contractor shall provide Preventative Maintenance (PM) Service and Emergency Repairs (ER) of all items listed in Appendix “A”.

2.3.4 The Contractor shall furnish all necessary parts, labor, and equipment to make repairs in accordance with manufacturer’s specifications or as specified by the MDOT MTA Project Manager or approved designee.

2.3.5 The Contractor shall respond and be on-site for emergency call-in requests within four hours of notification by the Project Manager or approved designee unless otherwise agreed upon.

2.3.6 If damage is such that permanent repairs of the sliding or revolving door cannot be completed within twenty-four (24) hours, the Contractor shall provide temporary repairs sufficient to prevent passage through the sliding or revolving door until permanent repairs are completed.

2.3.7 All work, services, and parts are to be documented and signed for by the MDOT MTA Project Manager or approved designee.

2.3.8 No less than a two-man crew shall be assigned to a call to make repairs at any one location unless requested or authorized in advance by the MDOT MTA Project Manager or approved designee.

2.3.9 The Contractor’s employees shall provide primary and secondary points of contact to the MDOT MTA Project Manager for on-call maintenance personnel including but not limited to phone numbers, emails, and addresses.

2.3.10 The Contractor shall provide the MDOT MTA with an estimated time of arrival for repairs. The Contractor may require an MDOT MTA escort while performing work in certain areas.

2.3.11 The Contractor shall provide the Project Manager or approved designee with a written cost estimate for approval when service or corrective action repairs is necessary. All written estimates shall include an itemized cost for parts, labor, material, and include a projected completion date prior to commencing of any work or ordering of any parts or materials.

Verbal estimates may be accepted by the MDOT MTA Project Manager in emergency cases only.

2.3.12 The Contractor shall have a formal drug and alcohol testing policy. A copy of the Contractor’s drug and alcohol policy shall be included in the Contractor’s bid.

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2.3.13 The contractor shall provide the MDOT/ MTA Project Manager or Approved Designee with written recommendation for any additional service suggested outside the scope of any task issued in connection to the contract. Each recommended repair shall be quoted separately.

2.3.14 The Contractor shall inform the MDOT MTA Project Manager or approved designee immediately upon arrival and prior to making any inspections or repairs.

2.3.15 Prior to performing any maintenance or ordering of parts or materials, the contractor shall verify with the Project Manager, or the Approved Designee of any work that may be covered under warranty. The Project Manager or Approved Designee shall provide a list of what is under warranty.

2.3.16 After each inspection/service, scheduled or unscheduled, the Contractor shall provide the Project Manager, or the approved designee with a maintenance report that shows at a minimum the unit serial number, location, date of service, hour meter reading, name of technician, start and finish time, and reason for service and corrective action taken. If the Project Manager, or the approved designee agrees with the maintenance report, he/she shall sign and print their name on the report and keep at least one copy for MDOT MTA records in a designated folder for each specific piece of equipment. Contractor will be responsible for providing Maintenance report/formatting of report

2.3.17 The Contractor shall have a tag out / lock out tags for equipment deemed out of service for safety reasons or further repairs needed. The Project Manager, or approved designee shall be notified of any piece of equipment deemed unsafe for use. This information shall also be noted on the Contractor’s work order.

2.3.18 The Contractor shall be responsible to transport all equipment that is required to be removed from the MDOT MTA to the Contractor’s facility for repairs.

2.3.19 The Contractor shall contact the Project Manager, or approved designee at least twenty-four (24) hours in advance to schedule work and confirm the availability of equipment at each location.

2.3.20 The Contractor shall be responsible for properly and accurately troubleshooting and diagnosing equipment failures. The MDOT MTA will not be responsible for paying for the Contractor’s labor or any parts or materials order and or installed on MDOT MTA equipment due to the Contractor’s misdiagnosis. If misdiagnosis is performed the contractor will owe MTA a credit for the parts and labor shall complete further repair at no cost to MTA

2.3.21 The Contractor’s employees shall wear uniforms showing the employee’s name and company name. The Contractor’s employees shall also wear safety shoes and all other PPE to include but not limited to a safety vest. All PPE must meet the appropriate ANSI standard. A Class II ANSI safety vest (or apparel) is MDOT MTA’s minimum requirement.

2.3.22 The Contractor shall inform the Project Manager, or approved designee immediately upon arrival and prior to making any inspections or repairs.

2.3.23 The Contractor’s actions must not interfere with MDOT MTA operations or the movement of transit vehicles.

2.3.24 If any unit, not destroyed, is out of service for more than ten (10) calendar days after the Contractor was informed of the need for service or repair, the MDOT MTA may, at MDOT MTA’s sole discretion, rent a similar unit until the MDOT MTA’s unit is repaired by the Contractor. All costs related to any such rental shall be borne by the Contractor. These charges may be deducted from money owed to the Contractor.

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2.3.25 If a unit is more than fourteen (14) calendar days past due for its scheduled service/repairs, the Contractor shall owe the MDOT MTA the amount equal to the penalty in Section 3.4

2.3.26 To ensure minimal equipment downtime, the Contractor shall maintain replacement repair parts and material necessary to perform scheduled and unscheduled routine repairs. For more complex repairs, the Contractor shall supply said parts and materials within five calendar days. See 2.3.32 for Crash Kit recommended parts

2.3.27 To eliminate any concerns as to who authorized repairs, it’s the Contractor’s responsibility to have the Project Manager, or approved designee print and sign his/her name. If the Project Manager is unable to determine who verified and or authorized work or is unable to determine what piece of equipment work was performed on, the invoice(s) will not be approved for payment.

2.3.28 All welding performed on safety critical components must be completed by a certified welder or inspected by a certified welding inspector.

2.3.29 All torque wrenches and test equipment used on the MDOT MTA’s equipment shall be calibrated per manufacturer’s recommendations or annually, whichever is more frequent.

Within thirty (30) calendar days of notice to proceed, the Contractor shall provide the Project Manager with calibration records. The Contractor shall provide the Project Manager with additional calibration records upon request.

2.3.30 All hardware and fasteners used in the maintenance or repair of MDOT MTA’s equipment shall be certified to be the grade required in the OEM manuals or be the same grade as the item being replaced.

2.3.31 All materials used under this Contract shall be listed in a formal materials list known as the MDOT MTA Approved Materials List (AML). The Contractor shall obtain approval from the MDOT MTA Project Manager for any equivalent equipment or materials substituted as AML equipment or material prior to purchase and installation.

2.3.32 All door systems are to be inspected, adjusted, cleaned, repaired, lubricated, or replaced at an inspection interval of a minimum of once each month during the life of the Contract.

Door systems are to be returned to a “First Class” operating condition such as physical door condition and door system appearance (e.g., clean, paint), door functionality and the framework. Appendix “B” is an example of a Preventative Maintenance Schedule Checklist.

2.3.33 The Contractor shall prepare a formal presentation to the MDOT MTA Project Manager or approved designee at a minimum of one Contract status meeting to be held at a designated location at the MDOT MTA each calendar month. The date of the status meeting shall be agreed upon by both parties. Each monthly Contract status meeting shall include monthly tasks but not limited to the number of service calls, off-hour calls, preventative maintenance activity, projected preventative maintenance schedule, current on-hand material stock inventory, material sent out for repair and so on. Any door system tasks scheduled by the Contractor that were not completed for any reason shall be explained in writing as to root cause of the delay, the plan to resolve the delay and anticipated date when the task shall be completed.

2.3.34 The Contractor shall maintain a material stock “Crash-Kit” of routine replacement material as a reserve for door system repair. An example would be that component which life expectancy would fail over a course of this Contract such as but not limited to:

Slider detent assembly

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Slider fork assembly

Motor gearbox assembly

Top guide assembly

Bottom guide assembly

Approach sensor

Safety sensor

Switch

Interlock

Belt

Cable

Threshold

The maintenance stock shall include those items necessary for a Contractor to restore any MDOT MTA door system to NORMAL operation on an initial visit. The Contractor shall provide in writing for a return call for any call where the door system was not restored to NORMAL operation on an initial visit.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. The MDOT MTA Project Manager shall schedule and hold a kickoff meeting within 10

Business Days of NTP Date. At the kickoff, the Contractor shall furnish an updated Project Schedule describing the activities for the Contractor. The MDOT MTA Project Manager will discuss with the Contractor the Communications and reporting process between the Contractor, the MDOT MTA, and the Contract Monitor. The MDOT MTA Project Manager and the Contractor will review invoices and information given during monthly status meeting to ensure the services required by the contract are maintained at the required level of proficiency.

3.2 End of Contract Transition

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

a) Provide additional services and support as requested to successfully complete the transition;

b) Maintain the services called for by the Contract at the required level of proficiency;

c) Provide updated System Documentation (see Appendix 1), as appropriate; and

d) Provide current operating procedures (as appropriate).

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

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

3.2.4 The Contractor shall support end-of-Contract transition efforts with technical and project support to include but not be limited to:

a) The Contractor shall provide a draft Transition-Out Plan 120 Business Days in advance of Contract end date.

The Transition-Out Plan shall address at a minimum the following areas:

1) Any staffing concerns/issues related to the closeout of the Contract;

2) Communications and reporting process between the Contractor, the MDOT MTA and the Contract Monitor;

3) Security and system access review and closeout;

4) Any hardware/software inventory or licensing including transfer of any point of contact for required software licenses to the MDOT MTA or a designee;

5) Any final training/orientation of MDOT MTA staff;

6) Connectivity services provided, activities and approximate timelines required for Transition-Out;

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7) Knowledge transfer, to include:

a) A working knowledge of the current system environments;

b) Review with the MDOT MTA the procedures and practices that support the business process and current system environments;

c) Working knowledge of all technical and functional matters associated with the solution, its architecture, data file structure, interfaces, any batch programs, and any hardware or software tools utilized in the performance of the Contract;

d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract;

8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and

9) Any risk factors with the timing and the Transition-Out schedule and transition process.

The Contractor shall document any risk factors and suggested solutions.

The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor.

The Contractor shall provide copies of any current daily and weekly back-ups to the MDOT MTA or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract.

Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract.

3.3 Invoicing

3.3.1 General

a) The Contractor shall e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and Accounts Payable at e-mail address:

mtaaccountspayable@mdot.maryland.gov , dmoore@mdot.maryland.gov and jgabreski@mdot.maryland.gov .

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

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);

mailto:mtaaccountspayable@mdot.maryland.gov mailto:dmoore@mdot.maryland.gov mailto:jgabreski@mdot.maryland.gov

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9) Goods or services provided;

10) Amount due; and

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

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.

The MDOT MTA reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the MDOT MTA 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.

Any action on the part of the MDOT MTA, 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.

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.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.2 Invoice Submission Schedule

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

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

b) For items of work for which there is annual pricing, see Attachment B–Bid Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

3.3.3 Time and Materials Invoicing

Time Sheet Reporting

Within three (3) Business Days after the 15th and last day of the month, the Contractor shall submit a semi-monthly timesheet for the preceding half month providing data for all Contractor Personnel / employees / resources working under the Contract.

At a minimum, each semi-monthly timesheet shall show:

1) Title: “Time Sheet for <<xxxxx>>”;

2) Issuing company name, address, and telephone number;

3) For each Contractor employee /resource:

a) Contractor employee / resource name, and

b) For each period ending date, e.g., “Period Ending: mm/dd/yyyy” (Periods run 1st through 15th, and 16th through last day of the month.):

i) Tasks completed that week and the associated deliverable names and ID#s;

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ii) Number of hours worked each day;

iii) Total number of hours worked that Period;

iv) Period variance above or below 40 hours;

v) Annual number of hours planned under the Task Order;

vi) Annual number of hours worked to date; and

vii) Balance of hours remaining;

4) Annual variance to date (Sum of periodic variances); and

5) Signature and date lines for the Contract Monitor.

Time sheets shall be submitted to the Contract Monitor prior to invoicing. The Contract Monitor shall sign the timesheet to indicate authorization to invoice.

3.3.4 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.

3.4 Penalty

3.4.1 The MDOT MTA may assess a penalty in the amount equal to the Supervisor hourly bid cost, but not to exceed eight (8) hours per day, should the contractor fail to provide services within the agreed upon time.

3.4.2 Penalty may be applied every day, including Saturdays, Sundays, and holidays, until the proper service has been completed.

3.5 Insurance Requirements

The Administration has chosen to provide Workers’ Compensation, General Liability, Excess Liability, Builders Risk, Pollution Liability and Railroad Protective coverage on behalf of Contractors and subcontractors working on this project. This approach to project insurance is commonly called a wrap-up or owner-controlled insurance program (OCIP). Specific information regarding OCIP is in the attached manual. Please note that an Insurance Cost Worksheet must be included with each bid package.

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3.6 Security Requirements

The following requirements are applicable to the Contract:

3.6.1 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.

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.

d) The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

3.6.2 Security Clearance / Criminal Background Check

A security clearance is not required for Contractor Personnel assigned to the Contract.

3.7 Problem Escalation Procedure

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

3.7.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available.

3.7.3 The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

a) The process for establishing the existence of a problem;

b) Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

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

d) Expedited escalation procedures and any circumstances that would trigger expediting them;

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

f) Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

IFB for MDOT MTA Page 12 of 69

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

3.7.4 Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.8 Work Orders

a) Additional services may be provided via a Work Order process. Work shall not begin in advance of a fully executed Work Order. A Work Order may be issued for time and materials (T&M) pricing. T&M Work Orders will be issued in accordance with pre-approved Labor Categories with the fully loaded rates on the Attachment B Bid Form.

b) Work Order Requests (See sample at http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrderSample.pdf) for the provision of services or resources that are within the scope of this IFB will be issued to the Contractor. The Work Order Request will include:

1) Technical requirements and description of the service or resources needed;

2) Performance objectives and/or deliverables, as applicable;

3) Due date and time for submitting a response to the request; and

4) Required place(s) where work must be performed.

c) The Contractor shall e-mail a response to the Contract Monitor within the specified time and include at a minimum:

1) A response that details the Contractor’s understanding of the work;

2) A price to complete the Work Order Request using the format provided using the format provided (see online sample).

3) A description of proposed resources required to perform the requested tasks, with labor categories listed in accordance with Attachment B.

4) An explanation of how tasks shall be completed. This description shall include proposed subcontractors and related tasks.

5) Contractor’s expectations for State-furnished information, work site, and/or access to equipment, facilities, or personnel

6) The proposed personnel resources, including any subcontractor personnel, to complete the task.

d) For a T&M Work Order, the Contract Monitor will review the response and will confirm the proposed labor rates are consistent with this IFB. For a fixed price Work Order, the Contract Monitor will review the response and will confirm the proposed prices are acceptable.

e) The Contract Monitor may contact the Contractor to obtain additional information, clarification or revision to the Work Order, and will provide the Work Order to the Procurement Officer for a determination of compliance with the Contract and a determination whether a change order is appropriate. Written Procurement Officer approval is required before Work Order execution by the State.

f) Proposed personnel on any type of Work Order shall be subject to MDOT MTA approval. The Contractor shall furnish resumes of proposed personnel specifying the labor category(ies) proposed. The Contract Monitor shall have the option to interview the proposed personnel and, in the event of an interview or not, shall notify the Contractor of acceptance or denial of the personnel.

http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrderSample.pdf

IFB for MDOT MTA Page 13 of 69

g) Performance of services under a Work Order shall commence consistent with an NTP issued by the Contract Monitor for such Work Order.

h) The Blanket Purchase Order (BPO) issued as a result of the solicitation, and any subsequent amendments, modifications or options issued relevant to the solicitation or BPO, complies with all the terms, conditions and specifications issued with the solicitation and is incorporated in and made part of the Contract – Attachment M.

3.9 Additional Clauses

3.9.1 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.

3.9.2 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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4 Procurement Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.1.1 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.

4.1.2 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.

4.2 Questions

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

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

4.3 Procurement Method

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

COMAR 21.05.02.

4.4 Bid Due (Closing) Date and Time

4.4.1 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.

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

4.4.3 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.

4.4.4 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.

4.4.5 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.

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

4.4.7 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).

4.5 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

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

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4.6 Receipt, Opening and Recording of Bids

4.6.1.1 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.

4.6.1.2 Bids shall be opened publicly, at the time, date and place designated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of bid opening.

4.7 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 via eMMA. 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 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.10 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

IFB for MDOT MTA Page 16 of 69 resolved. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.11 Revisions to the IFB

4.11.1 If the IFB is revised before the due date for Bids, the MDOT MTA 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.

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

4.11.3 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.

4.12 Cancellations

4.12.1 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.

4.12.2 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).

4.12.3 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).

4.13 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.

4.14 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).

4.15 Bidder Responsibilities

4.15.1 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.

4.15.2 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

IFB for MDOT MTA Page 17 of 69 authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.15.3 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.

4.16 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…