OPS23014MT_Specification rv3_3.27.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND TRANSIT ADMINISTRATION (MDOT MTA)

INVITATION FOR BIDS (IFB)

FLOOR SCRUBBERS MAINTENANCE AND SERVICE

IFB NUMBER OPS-23-014-MT

ISSUE DATE: FEBRUARY 6, 2023

NOTICE TO BIDDERS

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA.

revised 3/3/2023; 3/17/2023; 3/27/2023

Floor Scrubbers Service and Maintenance Solicitation #: OPS-23-014-MT IFB Document

IFB for MDOT MTA Page ii of 72

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: Floor Scrubbers Service and Maintenance Solicitation No: OPS-23-014-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 – Floor Scrubbers Maintenance and Service

Solicitation Number: OPS-23-014-MT

IFB Issue Date: February 6, 2023

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

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

Office Phone:

dlawson@mdot.maryland.gov 410-767-3763

Bids are to be sent to: Submit Via eMMA

Pre-Bid Conference: Monday, February 13, 2023 @10am EST via Microsoft Teams See Attachment A for directions and instructions.

Questions Due Date and Time Friday, February 17, 2023 @ 12pm EST Local Time

Bid Due (Closing) Date and Time:

April 7, 2023 @ 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

April, 7, 2023 at 12:30 pm via eMMA bid tabulation

Contract Type: Firm Fixed Prices with Work Orders of Time & Materials and Fixed Price.

Contract Duration: 5 years

Primary Place of Performance:

Baltimore City

SBR Designation: No mailto:dlawson@mdot.maryland.gov

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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

2.4 Work To Be Performed

2.5 Performance

2.6 Equipment Warranties

2.7 Working Conditions

2.8 Work Hours

2.9 Environmental Compliance

2.10 Safety Data Sheets

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 Insurance Requirements

3.3 Penalty

3.4 EQUIPMENT LOCATIONS

3.5 Problem Escalation Procedure

3.6 Work Orders

3.7 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

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

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4.11 Revisions to the IFB

4.12 Cancellations

4.13 Incurred Expenses

4.14 Protest/Disputes

4.15 Bidder Responsibilities

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 Small Business Reserve (SBR) Procurement

4.30 Maryland Healthy Working Families Act Requirements

5 Bid Format

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

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Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 1. – Bidder Information Sheet

Appendix A – Equipment List

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The successful contractor shall be a business in business with five (5) years’ experience performing work on various makes and models of Floor Scrubbers. Proof of these requirements can be shown with a list of similar projects along with three (3) references shall be submitted with the bid. The contractor shall provide a technician(s) with one (1) years’ experience, trained in Floor Scrubber maintenance, servicing, testing, and certifying. Please submit resumes.

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: A maintenance program for various makes and models of floor scrubbers for scheduled and unscheduled inspections, preventative maintenance, service, and repair.

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. See IFB Section

4.8 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 Contractor shall provide a maintenance program for MDOT MTA for equipment that guarantees scheduled and unscheduled service is performed as needed per the Original Equipment Manufacturer (OEM) specifications. Unless otherwise agreed to, all preventative maintenance and service shall be performed on site

2.2.1 Other State Responsibilities

a) 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.

b) 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.

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2.3 Responsibilities and Tasks

2.3.1 This contract is for the inspections, preventative maintenance, service, and repair of various makes and models of Floor Scrubbers and other equipment as may be specified in Appendix “A”.

2.3.2 The contractor shall not perform any service on any units(s) not listed in Appendix “A”. Work performed on unit(s) not listed in Appendix “A” may not be approved for payment. The contractor is responsible for knowing what units are listed in Appendix “A” before performing any service or ordering of any parts or material.

2.3.3 The Project Manager may add or remove units to Appendix “A” during the term of this contract.

2.3.4 The contractor shall perform all work requested by the Project Manager, or any of the approved designees on all units/equipment listed in Appendix “A”.

2.3.5 The contractor shall verify the “Warranty Period” for each unit prior to submitting quotes to the Project Manager, or approved designees.

2.3.6 Using the equipment manufactures recommendations; the contractor shall create a job plan for Preventative Maintenance (PM) that meets all OEM maintenance and safety specifications as well as all state and federal safety regulations.

2.3.7 The contractor shall provide lump sum pricing for the preventative maintenance inspections and or certification for that unit(s) with the contract’s bid proposal.

2.3.8 The contractor’s proposed Preventative Maintenance job plan and certification job plan shall be included with the contractor’s bid. Prior to notice to proceed the Project Manager or Approved Designee may review and approve the contractor’s proposed job plan(s). The approved job plan(s) will be considered as Appendix “B” and will become the property of the MDOT MTA.

2.3.9 Preventative Maintenance (PM) shall be performed on each unit in Appendix “A” not greater than every 180 days.

2.3.10 Minor repairs (corrective action) and adjustments such as replacing and tightening fasteners or fittings, adding fluids, adjusting, replacing filters, and replacing light bulbs shall be included in the per unit lump sum unit price, and, at “NO” additional cost to MDOT MTA.

2.3.11 Not more than a total of two (2) scheduled PM’s and or inspections shall be performed on any unit per year. There are no additional costs to MDOT MTA for parts and labor for scheduled PM’s or Certifications.

2.3.12 The contractor shall supply mechanics all necessary OEM maintenance and parts manuals for all equipment that is listed in Appendix “A”. These manuals shall be available on site where the work is being performed. Manuals in electronic format will be allowed.

2.3.13 In every instance that service or corrective action repairs are necessary, scheduled, or unscheduled, the contractor shall provide the Project Manager, or approved designee with a cost estimate for approval. 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.

2.3.14 As defined in item “2.3.14” above the Project Manager, or approved designee must approve each (written and verbal) estimate before any work is done or any parts or materials are ordered.

Estimates shall be complete, including but not limited to freight, handling, traveling, towing, and overhead.

2.3.15 All parts and materials shall be itemized on each quote/estimate and shall be at “List Price” which will be verified by the MDOT MTA Project Manager.

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2.3.16 The MDOT MTA reserves the right to audit the contractor’s records to verify the contractor is not charging more than List Pricing.

2.3.17 The MDOT MTA reserves the right to audit the contractor’s employee timecards to verify the contractor’s invoices match hours billed for time and material.

2.3.18 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 proposal.

2.3.19 The contractor must perform a PM inspection or an annual certification inspection for all items/units listed in Appendix “A” within 60 calendar days of notice to proceed.

2.3.20 The contractor shall make every effort to prevent interference with the daily activities of the building occupants during the service. Unless mutually agreed to by the contractor and the Project Manager or designee, the contractor shall provide service during normal business hours; Monday thru Friday, 7:00 AM to 3:30 PM.

2.4 Work To Be Performed

At a minimum, the contractor shall include all items listed in Appendix “A” when PM and annual inspections/certifications on all equipment listed in Appendix “A”. The technician(s) shall have the appropriate servicing manuals, tools, materials, lubricants, and manufacturer's recommended replacement parts listed for use in the various makes and models of floor scrubbers. The contractor shall ensure that each unit is fully inspected, tested, tagged, serviced, and certified during a specified annual period to ensure ongoing operational readiness of all units. Upon completion of each inspection, all known deficiencies affecting any unit’s efficiency at any location shall be identified and reported in writing to the Project Manager. The contractor’s report shall include the type, serial number, and location of the deficient unit(s). It shall be the contractor’s responsibility to contact the Project Manager and the appropriate mode manager prior to arriving at any MDOT MTA location to provide maintenance, inspections and or certifications. The MDOT MTA will maintain and provide the contractor with a list of up-to-date mode mangers that the contractor shall contact to schedule maintenance, service, inspections and or certifications of all units.

2.4.1 All filters changed/replaced shall be dated on the filter with weatherproof permanent marker.

2.4.2 All lubricants, fluids and other products used must meet the unit OEM specifications for that unit.

2.4.3 Prior to performing any maintenance or ordering of parts or material, the contractor shall verify and inform the Project Manager, or the approved designee of any work that may be covered under warranty

2.4.4 After each PM the contractor shall install a durable weatherproof inspection sticker, easily viewable, with the contractor’s name, technician’s name, hour meter, and the date of the inspection on each unit.

2.4.5 The contractor shall provide the Project Manager, or approved designee with the written recommendations for any additions service that may be needed or recommended. Each recommended repair shall be quoted separately.

2.4.6 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 mechanic, 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

IFB for MDOT MTA Page 5 of 72 and keep at least one (1) copy for MDOT MTA records in a designated folder for each specific piece of equipment.

2.4.7 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.

2.4.8 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. The contractor shall include in the bid a lump sum cost for transporting equipment.

2.5 Performance

2.5.1 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.

2.5.2 Appendix “A” has a list of equipment to be covered by this contract. The Project Manager may revise this list at any time during the contract period. If a unit is deleted there will be no future charges for that unit. If a unit is added, a unit price for the new equipment shall be mutually agreed to by the Project Manager and the Contractor.

2.5.3 The contractor shall be responsible for properly and accurately troubleshooting and diagnosing equipment failures. The MDOT MTA shall 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.

2.5.4 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 Personal Protective Equipment (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 MTA’s minimum requirement.

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

2.5.6 The contractor is responsible for maintaining and monitoring PM maintenance schedules and must schedule PM work with the Project Manager, or approved designee.

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

2.5.8 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 collected from money owed to the Contractor.

2.5.9 The MDOT MTA may remove equipment from service that is more than fourteen (14) days overdue for PM inspection(s) or annual certifications; provisions in item eight (2.5.9) above will be enforced.

2.5.10 If a unit is more than fourteen (14) calendar days past due for its scheduled service, the contractor shall owe the MDOT MTA the amount equal to the contractor’s lump sum bid cost for that service for that unit. The contractor shall owe the MDOT MTA the amount equal to the contractor’s lump sum bid cost every fourteen (14) calendar days that the service is past due.

These charges may be collected from monies owed to the contractor.

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2.5.11 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 (5) calendar days.

2.5.12 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.

2.5.13 All welding performed on safety critical components (including but not limited to steering, brakes and or protective shields) must be completed by a certified welder or inspected by a certified welding inspector.

2.5.14 All torque wrenches and test equipment used on the MDOT MTA’s equipment shall be calibrated per manufacture’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

2.5.15 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

2.6 Equipment Warranties

2.6.1 This contract is for various types of equipment from several different manufactures ranging from one (1) to twenty (20) years old. The contractor shall confirm and inform the Project Manager, or approved designee if any repairs are eligible for manufacture or vendor warranty claims. Any repairs eligible for manufactory warranty must be performed at no cost to the MDOT MTA.

2.6.2 The contractor must provide a minimum of one-year warranty for parts and labor on all repairs.

2.7 Working Conditions

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

2.7.2 MDOT MTA has a “ZERO” Tolerance cell phone policy. Except in approved designated areas MDOT MTA employees and contractors are prohibited from using cell phones on MDOT MTA property. Any contractor’s employee violating MDOT MTA’s cell phone policy may be considered as unsuitable personnel.

2.7.3 The contractor may dispose of “Uncontaminated” waste lube oil in MDOT MTA’s waste oil tanks.

2.7.4 The contractor shall be responsible for the disposal/removal of any batteries deemed unusable.

2.7.5 The contractor may use MDOT MTA compressed air, electric and water without charge as long it does not affect MDOT MTA operations. The contractor must provide all hoses, adaptors and extensions required and remove same when completed.

2.7.6 Parking is limited, only the contractor’s service vehicle will be allowed on MDOT MTA property. No contractor’s employees are permitted to park private vehicles on MDOT MTA property.

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2.8 Work Hours

2.8.1 Unless another time is mutually agreed to by the contractor and the MDOT MTA Project

Manager, all routine service shall be done between 7:30am and 3:00pm, Monday through Friday.

However, this contract does include emergency on-call services, which includes nights, holidays, and weekends. The MDOT MTA will not provide additional compensation for work completed outside scheduled contract hours.

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

2.8.3 The contractor is required to report to the Project Manager, or approved designee prior to and upon completion of any service/repair performed.

2.8.4 The Project Manager, or approved designee at each MDOT MTA location may verify the contractors time on site by requiring the contractor’s employee(s) to document their time with the use of a time clock.

2.8.5 The contractor shall be available for unscheduled service as requested by the MDOT MTA. After being contacted the contractor shall arrive at the base no later than 12 PM (noon) the next business day.

2.9 Environmental Compliance

2.9.1 The contractor shall maintain a clean working environment and prevent the release of any chemicals, oil’s, degreasers, lubricants’ etc. The contractor shall provide proper disposal of all discarded materials, parts, equipment etc.

2.10 Safety Data Sheets

2.10.1 Prior to using any chemicals on MDOT MTA property, Safety Data Sheets (SDS) for all chemicals (degreasers, cleaners, solvents etc.) must be submitted to the project Manager. No chemical may be used on MDOT MTA property unless approved for use by MDOT MTA. SDS sheets and approvals by the MTA shall be on each service truck in a binder for easy review and retrieval if needed. SDS forms are available from the Project Manager.

The contractor is responsible for creating a job plan for Preventative Maintenance that meets all OEM, State and Federal regulations. The Preventative Maintenance (PM) shall be performed not greater than every 180 days on each unit listed in Appendix “A”.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

A. Contractor 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 State, and any third parties for fully transitioning to the Contractor’s solution.

3.1.1 General

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

kstewart@mdot.maryland.gov and rsimmons@mdot.maryland.gov MTAaccountspayable@mdot.maryland.gov

b) The contractor shall submit invoices monthly.

c) All work must be invoiced within 45 days to be approved for payment.

d) All service shall be invoiced separately. “Invoices shall not include more than one unit”.

e) Invoices shall not be split. All work for service calls shall be invoiced by unit by incident including “change orders”.

f) Each invoice shall include a summary of all scheduled and unscheduled work performed, the identity of the unit inspected/serviced, and a legible copy of each inspection and or service report signed by the Project Manager or the approved designee.

g) The invoice shall include parts and labor. Fluids shall be included in PMs at no additional cost. If fluids are used for required maintenance other than PM’s, the invoice shall include fluids as parts.

h) Payment will not be approved for any inspections, service, material, parts, or labor unless a signed maintenance report/work order is included with the invoice verifying services were satisfactory received by the Project Manager or approved designee.

i) Each invoice shall identify the designated Project Manager for the specific unit.

j) Each invoice shall show purchase order/contract number and MDOT MTA person requesting and approving the work.

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;

mailto:kstewart@mdot.maryland.gov mailto:rsimmons@mdot.maryland.gov mailto:MTAaccountspayable@mdot.maryland.gov

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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.

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 Administration reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Administration 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 Administration, 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.

3.1.2 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 Administration.

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.

3.1.3 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

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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.

3.1.4 Travel and Mileage Reimbursement

Travel and Mileage will not be reimbursed under this IFB

3.2 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

3.2.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

Commercial General Liability Limit - $5,000,000 Per Occurrence - Combined CGL Occurrence Limits &

Umbrella Occurrence Limits must be at least $ 5,000,000 MDOT, MTA, State of Maryland must be added as an additional insured Waiver of Subrogation in favor of MTA Coverage should be primary and non-contributory with regard to MTA

Umbrella Occurrence Limit - $1,000,000 (Minimum) Combined CGL Occurrence Limits & Umbrella Occurrence

Limits must be at least $5,000,000 MDOT, MTA, State of Maryland must be added as an additional insured Waiver of Subrogation in favor of MTA Coverage should be primary and non- contributory with regard MTA

Worker’s Compensation Workers Compensation Limit – Statutory Employers Liability Limit - $1,000,000 Waiver of Subrogation

Automobile or Commercial Truck Insurance Limit -$1,000,000 MDOT, MTA, State of Maryland must be added as an additional insured Waiver of Subrogation in favor of MTA

3.2.2 Suitable Personnel

a) The contractor’s employees shall wear required safety equipment and uniforms showing the employee’s name and company name.

b) At the sole discretion of the MDOT MTA, the contractor shall immediately remove any person from the site that is considered by the Project Manager as unsuitable. The Project Manager may inform the contractor verbally of the reason the person is unsuitable.

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c) Any person identified as unsuitable may not be utilized at any MDOT MTA location under this contract.

d) Violations of the MDOT MTA safety policies, cell phone policy, or disruptive actions, theft, dishonesty, or failure to work while on the time clock and material task are some examples to declare a person unsuitable.

3.3 Penalty

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

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

3.4 EQUIPMENT LOCATIONS

• Bush Bus Division 1515 Washington Boulevard Baltimore, Maryland 21230 Includes all building located on the Division

• Eastern Bus Facilities Division 201 South Oldham Street Baltimore, Maryland 21224

• Northwest Bus Facilities Division 4401 Mount Hope Drive Baltimore, Maryland 21215

• Bus Storeroom/Inventory and Warehouse 1331 South Monroe Street Baltimore, Maryland 21230

• Kirk Maintenance Building 2226 Kirk Avenue Baltimore, Maryland 21217

• Kirk Facilities Building 2301 Kirk Avenue Baltimore, Maryland 21217

• Kirk Temporary Facility 2400 Huntingdon Avenue Baltimore, Maryland 21211

IFB for MDOT MTA Page 12 of 72

3.5 Problem Escalation Procedure

3.5.1 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.

3.5.2 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.

3.5.3 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

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

3.5.4 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.

3.6 Work Orders

a) Additional services will 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 either fixed price or 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.

a) 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.

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

IFB for MDOT MTA Page 13 of 72

b) 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.

c) 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.

d) 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.

e) Proposed personnel on any type of Work Order shall be subject to Administration 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.

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

g) 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.

3.7 Additional Clauses

3.7.1 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.

3.7.2 No-Cost Extensions

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

IFB for MDOT MTA Page 14 of 72

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.

IFB for MDOT MTA Page 15 of 72

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

4.1.3 It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the requirements of the contract and the MBE Goal.

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

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

4.1.6 Those wishing to attend the web conference may request a meeting invitation by emailing Darica Lawson at dlawson@mdot.maryland.gov no later than 2:00 PM on February 10, 2023. An invitation e-mail is required for registration, and therefore attendance. Upon receipt of the email, the Procurement Officer will reply with a registration email with a link that may be used to register for the conference.

4.1.7 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.

4.1.8 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 All questions, shall identify in the subject line the Solicitation Number and Title (OPS-23-014-

MT – Floor Scrubbers Service and Maintenance), and shall be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.2.2 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.

4.2.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the Administration 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.

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

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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.

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. 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.

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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 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 Administration 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…