Police Firearms Contract Solicitation #: BPM056493

IFB Document

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STATE OF MARYLAND

OFFICE OF STATE PROCUREMENT

(OSP)

INVITATION FOR BIDS (IFB)

POLICE FIREARMS

STATEWIDE CONTRACT

IFB NUMBER: BPM056493/001IT821543

ISSUE DATE: APRIL 14, 2026

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Police Firearms Contract

Solicitation Number:

BPM056493

IFB Issue Date: April 14, 2026

IFB Issuing Office:

Office of State Procurement (OSP)

Procurement Officer:

Enayatullah Rayhan 301 W. Preston St., M-4 Baltimore, MD 21201

Email:

Phone Number:

Enayatullah.rayhan@maryland.gov

410-767-5139

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number BPM056493 To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form

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

Pre-Bid Conference:

Not Applicable

Scheduled Site Visit

Not Applicable

Questions Due Date and Time:

April 30, 2026, 2:00 pm Eastern Time

Bid Due (Closing) Date and Time:

May 13, 2026, 2:00 pm Eastern Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

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MBE [OR] DBE

Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of 0 percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

0% for African American MBEs.

0% for Asian American MBEs.

0% for Hispanic American MBEs; and

0% for Woman-Owned MBEs.

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of 0%

Procurement Method:

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

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Indefinite Delivery Indefinite Quantity, Fixed Price

Contract Duration:

Five (5) Years with No Renewal Options

Primary Place of Performance:

Statewide

SBR Designation: No

Federal Funding: No

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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 Contractor Responsibilities and Tasks

2.4 Product Specifications

2.4.1 All vendors shall be factory-authorized dealers

2.4.2 All vendors shall be appropriately licensed to sell firearms in the State of Maryland. .. 8

2.4.3 All vendors shall be manufacturers of firearms

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 Annual Business Review Meeting

3.3 End of Contract Transition

3.4 Invoicing

3.4.1 Invoice Submission Schedule

3.4.2 Materials Reporting [Adjust as appropriate.]]

3.5 Liquidated Damages

3.5.1 MBE Liquidated Damages

3.5.2 Liquidated Damages other than MBE

3.5.3 Problem Escalation Procedure

3.6 Work Orders

3.7 Payments by Electronic Funds Transfer

3.8 Prompt Payment Policy

3.9 Federal Funding Acknowledgement

3.10 Conflict of Interest Affidavit and Disclosure

3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

3.12 Maryland Healthy Working Families Act Requirements

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

3.14 Usage Report

3.15 ELECTRONIC TRANSACTION FEE:

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening, and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

4.19 Attachments and Documents Required with the Bid (Table A)

4.20 Bid Delivery Instructions

4.21 Award Basis and Assignment of Work

4.22 Tie Bids

4.23 Reciprocal Preference

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

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

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5.2 Exhibits (Table D)

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. The Bidder shall provide with its Bid a Letter of Authorization from the manufacturer that states they are authorized to distribute the products specified in this solicitation.

B. Before submitting a bid for the commodity outlined in the specifications, the firm must have been established for a minimum of three (3) years and be actively in business for that duration. Additionally, the firm must have at least three (3) years of experience in providing products that are equal to or comparable in scope and magnitude to those required by the specifications.

C. References must be submitted as an attachment to your bid on eMaryland Marketplace

Advantage (eMMA). The Vendor should provide this information by completing and returning "Attachment L Reference Checks" with their bid response.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): Firearms in various brand names, calibers, and weapon platforms.

The State intends to obtain goods and services, as specified in this IFB, from a contract between the selected Bidder and the State.

2.1.2 This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

2.2 Background and Purpose

This statewide contract is seeking vendors to provide Law Enforcement Firearms, as specified herein, between the State of Maryland and the successful bidder. The purpose of this contract is to obtain an indefinite delivery, indefinite quantity (IDIQ), fixed price for the State of Maryland. The State of Maryland is seeking vendors to provide Law Enforcement Firearms.

2.3 Contractor Responsibilities and Tasks

A. Bidders shall be able to provide all goods and services and meet all requirements specified herein.

B. Quantities specified herein are for estimated purposes only. Agencies cannot guarantee any minimum or maximum orders.

C. The solicitation item for new products/equipment shall be free from defects. Used, refurbished or remanufactured products/equipment will not be accepted or considered unless otherwise indicated in this solicitation.

D. Products/equipment shall be made and model specified only. No substitute weapons will be accepted or considered.

2.4 Product Specifications

2.4.1 All vendors shall be factory-authorized dealers

2.4.2 All vendors shall be appropriately licensed to sell firearms in the State of Maryland.

2.4.3 All vendors shall be manufacturers of firearms.

2.4.4 The following items are required as a % percentage off MSRP.

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1. GLOCK PISTOL- ANY MODEL GEN 4 OR GEN 5 GLOCK PISTOL WITH THREE HIGH-CAPACITY

LAW ENFORCEMENT MAGAZINES.

2. GLOCK PISTOL WITH NIGHT SIGHTS ANY MODEL GEN 4 OR GEN 5 GLOCK

PISTOL WITH THREE HIGH-CAPACITY LAW ENFORCEMENT MAGAZINES.

3. GLOCK SIGHTS- AMERI-GLOW OPTION ADD-ON FOR GEN 5 GLOCK.

4. ANY MODEL LAW ENFORCEMENT MAGAZINES FOR ANY GLOCK PISTOL GEN 4 OR GEN 5.

5. SIG SAUER- ANY MODEL SIG SAUER PISTOL WITH THREE HIGH-CAPACITY LAW

ENFORCEMENT MAGAZINES.

6. SIG SAUER- ANY MODEL SIG SAUER PISTOL WITH THREE HIGH-CAPACITY LAW

ENFORCEMENT MAGAZINES AND SIG SAUER NIGHT SIGHTS.

7. ANY MODEL LAW ENFORCEMENT MAGAZINES FOR SIG SAUER PISTOLS.

8. ANY MODEL SMITH AND WESSON PISTOL WITH THREE HIGH-CAPACITY LAW

ENFORCEMENT MAGAZINES.

9. ANY MODEL SMITH AND WESSON PISTOL WITH THREE HIGH-CAPACITY LAW

ENFORCEMENT MAGAZINES AND SMITH WESSON NIGHT SIGHTS.

10. ANY MODEL LAW ENFORCEMENT MAGAZINES FOR SMITH AND WESSON PISTOLS.

11. ANY MODEL SAFARILAND HOLSTERS.

12. ANY MODEL BLACKHAWK HOLSTER.

13. ANY MODEL STREAMLIGHT WEAPON MOUNTED ILLUMINATION DEVICE.

14. ANY MODEL SUREFIRE WEAPON MOUNTED ILLUMINATION DEVICE.

15. ANY MODEL EOTECH WEAPON MOUNTED SIGHT.

16. ANY MODEL AIMPOINT WEAPON MOUNTED SIGHT.

17. ANY MODEL LWRC RIFLE WITH THREE HIGH-CAPACITY LAW ENFORCEMENT

MAGAZINES.

18. ANY MODEL SIG SAUER RIFLE WITH THREE HIGH-CAPACITY LAW ENFORCEMENT

19. ANY MODEL COLT RIFLE WITH THREE HIGH-CAPACITY LAW ENFORCEMENT MAGAZINES.

20. ANY MODEL REMINGTON RIFLE WITH THREE HIGH-CAPACITY LAW ENFORCEMENT

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21. HIGH-CAPACITY LAW ENFORCEMENT MAGAZINES FOR ANY MODEL LWRC RIFLE.

22. HIGH-CAPACITY LAW ENFORCEMENT MAGAZINES FOR ANY MODEL COLT RIFLE.

23. HIGH-CAPACITY LAW ENFORCEMENT MAGAZINES FOR ANY MODEL SIG SAUER RIFLE.

24. OTHER ACCESSORIES, PARTS, AND REPAIRS FOR FIREARMS

25. ANY MODEL BENELLI SHOTGUN WITH EXTENDED MAGAZINE TUBE OPTION.

26. ANY MODEL MOSSBERG SHOTGUN WITH EXTENDED MAGAZINE TUBE OPTION.

27. HIGH SPEED GEAR AND ACCESSORIES.

28. HOLOSUN WEAPON SIGHTS AND ACCESSORIES.

29. TRIJICON WEAPON SIGHTS.

30. HUXWRX WEAPON SILENCERS AND ACCESSORIES.

31. DEF TECH WEAPONS, ACCESSORIES, AND SPECIALIZED LAUNCHER AMMUNITION.

The Contract resulting from this Solicitation will be for an indefinite quantity. Orders will be placed as required by an authorized designee on an as-needed basis and do not guarantee any minimum or maximum quantities.

All items must be newly manufactured and delivered in the manufacturer's original standard packaging, clearly marked with the part number and contents. No aftermarket, remanufactured, or reconditioned parts shall be accepted.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

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

3.2 Annual Business Review Meeting

The successful bidder is required to attend the annual business review meeting, either in person or virtually, during which all pros and cons will be discussed to address any issues affecting contract performance.

3.3 End of Contract Transition

Not applicable

3.4 Invoicing

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

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

A. Contractor’s name and address.

B. Remittance address.

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

D. Invoice period (i.e., time during which services covered by the invoice were performed).

E. Invoice date.

F. Invoice number.

G. State assigned Contract number.

H. State assigned (Blanket) Purchase Order number(s).

I. Goods or services provided.

J. Amount due; and

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

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

The State reserves the right to reduce or withhold Contract payment in the event the Contractor fails to provide all required deliverables within the specified time frame in the Contract or otherwise

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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.

3.4.1 Invoice Submission Schedule

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

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

3.4.2 Materials Reporting [Adjust as appropriate.]

Submit evidence to support the cost of materials, and that billing on the invoice is consistent with the requirements stated in Section 2 of the IFB.

A. For the Contract, an amount will not be deemed due and payable if:

B. The amount invoiced is inconsistent with the Contract.

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

Contract.

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

E. The item or services have not been accepted.

F. The quantity of items delivered is less than the quantity ordered.

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

H. 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.

3.5 Liquidated Damages

3.5.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.5.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.5.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergencies. The PEP must state how the Contractor will address problem situations as they occur during the performance of the

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Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes, and must include:

A. Contact information B. The process for establishing the existence of a problem.

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

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

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

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

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

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

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

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

3.6 Work Orders

This section is inapplicable to this IFB.

3.7 Payments by Electronic Funds Transfer

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

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000.

The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

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

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/ GADX10Form20150615.pdf.

3.8 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008, and promulgated pursuant to

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Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, as well as COMAR 21.01.01.03 and 21.11.03.01, the Directive aims to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit-2-Sample-Contract-4-2). Additional information is available on GOSBA’s website at:

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

3.9 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.10 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict-of-Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

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

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest before providing services under the Contract. For policies and procedures specifically related to Conflict of Interest, the Contract is governed by COMAR 21.05.08.08.

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

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

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

3.11 Non-Disclosure Agreement

3.11.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.12 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect their potential contract award with the State of Maryland. See the Department of Labor, Licensing, and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

https://dllr.state.md.us/paidleave/

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3.13 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.

3.14 Usage Report

The successful bidder shall furnish a report within one hundred and twenty (120) days detailing the purchase of all items listed on the contract. The report shall be submitted electronically in Excel format. At a minimum, the report shall include the contract number, contract item number, description, dollar volume purchased of each item, agency identification, and the total contract amount. The report shall be filed within thirty (30) days after the end of each reporting period. Any exception to this mandatory requirement may result in the cancellation of the award. Failure to provide the report with the minimum required information may also render any contract extension clauses null and void. The usage report shall be emailed to the email address here: dgs.statewidecontractsusagereport@maryland.gov

3.15 ELECTRONIC TRANSACTION FEE:

a. Contractor shall pay an electronic transaction fee to the State in the amount of one percent (1%) of the total contract sales. The electronic transaction fee is calculated based on all sales transactions. At the contract, minus any returns or credits. The electronic transaction fee shall not be charged directly to the customer, e.g., as a separate line item, fee, or surcharge; instead, it shall be included in the contract’s unit prices.

b. The electronic transaction fee shall be submitted to the Office of State Procurement, Fiscal Services Division, 301 W. Preston Street, Room 1309, Baltimore, MD, 21201, thirty (30) days after the end of each reporting period, along with a Monthly Usage Report documenting all contract sales. An Excel version of the Monthly Usage Report shall be emailed to dgs.statewidecontractsusagereport@maryland.gov.

c. Failure to remit transaction fees promptly or remittance of fees inconsistent with the contract’s requirements may result in the State exercising all recourse available under the agreement, including, but not limited to, a third-party audit of all contract activity.

Should an audit be required by the State, the contractor shall reimburse the State for all costs associated with the audit up to $10,000.00 or one percent (1%) of the contract’s estimated annual value, whichever is higher.

d. Before Award, Contractors will be asked to confirm in writing that their unit prices include the one percent (1%) electronic transaction fee.

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/ mailto:dgs.statewidecontractsusagereport@maryland.gov mailto:dgs.statewidecontractsusagereport@maryland.gov

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4 Bid Submission Information and Instructions

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

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

4.2 Electronic Means

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

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

or

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

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

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

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

4.3 Pre-Bid Conference

N/A

4.4 Questions

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

4.4.1 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.

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

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

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR 21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

For Bids accepted via email, the timestamp indicating receipt of the Bid by the State is the posted date and time in the Procurement Officer’s email inbox.

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

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form, Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Receipt, Opening, and Recording of Bids

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 the Bid opening, the State may not disclose the identity of any Bidder.

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

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

4.7 Duration of Bids

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

4.8 Revisions to the IFB

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

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

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

4.8.4 Should a new round open in eMMA, bidders are required to resubmit any previous bid submissions in the current round. Any bids entered previously will not carry over into the latest open round. Bids not entered into the current round will not be considered.

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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

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

4.9.4 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. The IFB may be canceled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.10 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.

4.11 Protest/Disputes

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

4.12 Bidder Responsibilities

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

4.12.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the proper Appendix to this IFB (see “Appendix 4 - MBE Participation Goal.)

IFB for Office of State Procurement Page 19 of 27

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

4.12.4 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 about 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 apply to and are 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.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” before Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

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

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

4.15 Verification of Registration and Tax Payment

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

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

https://egov.maryland.gov/BusinessExpress/

IFB for Office of State Procurement Page 20 of 27

4.16 False Statements

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

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

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

B. Make a false or fraudulent statement or representation of a material fact; or

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

A person may not aid or conspire with another person to commit an act under this section.

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

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and justify 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.

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 outlined in this solicitation. Material so designated as confidential shall accompany the Bid. It shall be readily separable from the Bid to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.18 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document instead of the documents. Provided with this Bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as a bid submission.

4.19 Attachments and Documents Required with the Bid (Table A) A Bidder shall include the following Attachments with its Bid as a single Bid Package:

Attachments A through E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

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Attachments F through R = Bid may be rejected if the required Attachment is not submitted or is incomplete.

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

Bid/Proposal Affidavit A completed Bid/Proposal Affidavit must accompany a Bid submitted by the

Bidder.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf

B

The Price Form (as specified within eMMA) Do not alter this Price Form, or the Bid may be determined to be not responsive.

The Price Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

(See Appendix 2 for specific Price Form Instructions.)

C Bid Bond Not Applicable

D MBE Forms D-1A Not Applicable

E Veteran-Owned Small Business Enterprise (VSBE) Form E-1A Not Applicable

F

Bidder Information Sheet https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information- Sheet.pdf

G

Maryland Living Wage Requirements Affidavit of Agreement Not Applicable https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-G.-Maryland-Living-Wage-

Requirements-Affidavit-of-Agreement.pdf

H

Federal Funds Attachments Not Applicable https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-H.-Federal-Funds-Attachment.pdf

I Conflict of Interest Affidavit and Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-G.-Maryland-Living-Wage-Requirements-Affidavit-of-Agreement.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-G.-Maryland-Living-Wage-Requirements-Affidavit-of-Agreement.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-G.-Maryland-Living-Wage-Requirements-Affidavit-of-Agreement.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-H.-Federal-Funds-Attachment.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-H.-Federal-Funds-Attachment.pdf

IFB for Office of State Procurement Page 22 of 27 https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract,” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

J Mercury Affidavit https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf

K

Location of the Performance of Services Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-K.-Location-of-the-Performance-of- Services-Disclosure.pdf

L

Reference Checks (Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past three (3) years.)

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

M

List of Current or Prior State Contracts https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State- Contracts.pdf

N Legal Action Summary https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-N.-Legal-Action-Summary.pdf

O

Payment of Employee Healthcare Expenses Certification

Not Applicable https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-O.-Payment-of-Employee- Healthcare-Expenses-Certification.pdf

P Prime Contractor List of ALL Subcontractors Anticipated/Used During Contract https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-K.-Location-of-the-Performance-of-Services-Disclosure.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-K.-Location-of-the-Performance-of-Services-Disclosure.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-K.-Location-of-the-Performance-of-Services-Disclosure.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-N.-Legal-Action-Summary.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-N.-Legal-Action-Summary.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-O.-Payment-of-Employee-Healthcare-Expenses-Certification.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-O.-Payment-of-Employee-Healthcare-Expenses-Certification.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-O.-Payment-of-Employee-Healthcare-Expenses-Certification.pdf

IFB for Office of State Procurement Page 23 of 27

Not Applicable https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-P.-Prime-Contractor-List-of- ALL-Subcontractors.xlsx

The Bidder shall provide a complete list of all subcontractors that will work on the Contract if the Bidder receives an award, including those utilized in meeting the MBE and VSBE subcontracting goal(s), if applicable. This list shall include a complete description of the duties each subcontractor will perform, as well as the reasons why/how each subcontractor was deemed the most qualified for this project. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate attachment(s) of this IFB.

Q Labor Resume Form Not Applicable

R

Corporate Diversity Addendum https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-R.-Corporate-Diversity- Addendum.pdf

This addendum must be submitted with a bid or proposal when the estimated contract award exceeds $1,000,000.

Note: This document is for data collection only.

S Pre-Bid Conference Response Form Not Applicable

Additional Required Documents with the Bid

Financial Capability. The Bidder must include in its Bid a commonly accepted method to prove its fiscal integrity.

If available, the Bidder shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred).

In addition, the Bidder may supplement its response to this Section by including one or more of the following with its response:

● Dun & Bradstreet Number and Rating.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-P.-Prime-Contractor-List-of-ALL-Subcontractors.xlsx https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-P.-Prime-Contractor-List-of-ALL-Subcontractors.xlsx https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-P.-Prime-Contractor-List-of-ALL-Subcontractors.xlsx https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-R.-Corporate-Diversity-Addendum.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-R.-Corporate-Diversity-Addendum.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-R.-Corporate-Diversity-Addendum.pdf

IFB for Office of State Procurement Page 24 of 27

● Standard and Poor’s Rating.

● Lines of credit.

● Evidence of a successful financial track record; and

● Evidence of adequate working capital.

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as outlined in IFB Section 1. If references are needed in IFB Section 1, those references shall be included in Attachment L. Reference Checks.

Acknowledgement of all addenda to this IFB.

4.20 Bid Delivery Instructions

Each Bidder shall submit its Bid Package as specified below.

Bids shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

Bidders shall provide their Bids in one submission through eMMA following the Quick Reference Guides (QRG) labeled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

4.21 Award Basis and Assignment of Work

The award for this solicitation will be made on a BY-LINE basis to the responsive and responsible Vendor(s) submitting the highest discount off the current MSRP as listed in the manufacturer’s catalog.

Bidders may submit bids for one (1) or all line items and may be awarded contracts for more than one (1) manufacturer.

a) BY LINE is defined as one or more items. The bidder must bid on one or more line items.

The bidder shall enter the percentage discount in the appropriate field on the line for the manufacturer they are bidding for, and as a percentage figure in the alternate description section of that line. Figures shown in the alternate description section of the bid shall take precedence over any other amount on the bid.

For example:

Unit of Measure (U/M) – EA (%)

Specification – Police Firearms

Discount Field – Highest Percentage discount off MSRP

Alternate Description Field - Highest Percentage discount off MSRP https://procurement.maryland.gov/emma-qrgs/ https://procurement.maryland.gov/emma-qrgs/

IFB for Office of State Procurement Page 25 of 27

Bidders offering to supply the equipment parts at the MSRP established in the manufacturer’s current catalog without an added discount should enter a zero (0) in the Discount Field and "zero percentage off MSRP" in the Alternate Description. If not bidding on a particular line, please indicate “No Bid” on the specific manufacturer's line.

DO NOT provide a copy of the manufacturer’s catalog with the bid. Within three (3) days of request from the DGS Procurement Officer, Bidder(s) shall provide either a copy of the most recent manufacturer’s catalog with list prices, or online access to the most recent manufacturer’s catalog with list prices.

The State reserves the right to make the award by item, groups of items, or Total Bid Price if it is in the best interest of the State to do so, unless the Bidder specifies in its bid that a partial or progressive award is not acceptable.

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 Department signs the Contract following any approvals of the Contract required by law or regulation.

4.22 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.23 Reciprocal Preference

Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

A. The Maryland resident business is a responsible Bidder;

B. The lowest responsive Bid is from a responsible Bidder whose principal office, or principal base of operations, is in another state;

C. The other state gives a preference to its resident businesses through law, policy, or practice; and

D. The preference does not conflict with a federal law or grant affecting the procurement Contract.

The preference given shall be identical to the…