POST FINAL - IFB - Spring Grove Central Kitchen - DGSfdbk5.16.24.pdf

STATE OF MARYLAND

SPRING GROVE HOSPITAL CENTER (SGHC)

INVITATION FOR BIDS (IFB)

CENTRAL KITCHEN EQUIPMENT REPLACEMENT AND

INSTALLATION FOR SPRING GROVE HOSPITAL CENTER

IFB NUMBER #OPASS-24-23404

EMMA #BPM044422

ISSUE DATE: 5/20/2024

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and

Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the

Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve

Program are eligible for award of a contract.

NOTICE

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

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Central Kitchen equipment replacement and installation for Spring Grove Hospital Center

Solicitation #: OPASS-24-23404

IFB Document

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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: Central Kitchen Equipment Replacement and Installation for Spring Grove Hospital Center

Solicitation No: OPASS-24-23404

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

SPRING GROVE HOSPITAL CENTER (SGHC)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Commercial Appliances - Central Kitchen Equipment Replacement and Installation for Spring Grove Hospital Center

Solicitation Number: OPASS-24-23404

IFB Issue Date: 5/20/2024

IFB Issuing Office: Spring Grove Hospital Center (SGHC or the "Hospital Center")

Procurement Officer: Sherida Studwood

Office of Contract Management & Procurement (OCMP)

201 W. Preston St., Baltimore, MD 21201 e-mail:

Office Phone:

sherida.studwood1@maryland.gov

443-571-5678

Bids are to be sent to: Submit via eMMA

Pre-Bid Conference: 6/5/2024 2:00pm EST Local Time, Spring Grove Hospital Center, 55

Wade Ave., Catonsville, MD 21228.

See Attachment A for directions and instructions.

Questions Due Date and Time 6/21/2024 2:00pm EST Local Time

Bid Due (Closing) Date and

Time:

6/28/2024 2:00pm EST Local Time

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

6/28/2024 3:00 PM Local Time via eMMA.

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Fixed Price

Contract Duration: Three (3) months base period with zero (0) option periods

Primary Place of

Performance and Delivery:

Central Kitchen

Spring Grove Hospital Center

55 Wade Avenue, Catonsville, MD 21228

SBR Designation: Yes

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 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Requirements

3.2 End of Contract Transition

3.3 General Invoicing

3.4 Liquidated Damages

3.5 Insurance Requirements

3.6 Security Requirements

3.7 Problem Escalation Procedure

3.8 SOC 2 Type 2 Audit Report

3.9 Minority Business Enterprise (MBE) Reports

3.10 Veteran Small Business Enterprise (VSBE) Reports

3.11 Work Orders

3.12 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

4.11 Duration of Bids

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4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA- Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products that Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part 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

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6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. 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 Attachment

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

Appendix 1. – Abbreviations and Definitions

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THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

1.1.1 The Bidder shall be a certified installer and service representative of the requested equipment per the manufacturer and be able to provide a warranty as described in Section 2.3 Responsibilities and Tasks.

Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid current installer/reseller and service certification(s) issued by the manufacturer(s).

1.1.2 Bidder must be licensed to provide the services as described in the scope of work.

Required Documentation: As proof of meeting this requirement, the Bidder will provide with its bid a copy of their business license.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Spring Grove Hospital Center (SGHC or the "Hospital Center") is issuing this Invitation for

Bids (IFB) in order to procure the services and commodities defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the State via Spring Grove

Hospital Center: removal, replacement, and installation of three (3) new commercial combination ovens and two (2) blast chillers with heating capability functions (See Section 2.3).

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 Hospital Center intends to make a single award for the services to be performed under this

IFB. See IFB Section 4.9 Award Basis for more Contract award information.

2.1.4 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder

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

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

Shall constitute Contracts between the Contractor and that entity;

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

Shall not be binding or enforceable against the State; and

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

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

2.2 Background and Purpose

The Maryland Department of Health (MDH), Spring Grove Hospital Center (SGHC), seeks to replace the current combination ovens and blast chillers located in the ‘Central Kitchen Building’ at Spring Grove

Hospital Center, 55 Wade Avenue, Catonsville, Maryland. The current equipment needs to be removed and replaced with the installation of three (3) new commercial combination ovens and two (2) new blast chillers with heat. This will increase efficiency and volume of nutritional meal preparation and reduce overtime scheduling for dietary employees.

SGHC is fully Joint Commission-accredited, and CMS certified and is an integral part of the mental health services delivery system of the State of Maryland, providing inpatient treatment for adults and adolescents (ages 13 through 17). The SGHC campus is comprised of approximately 175 acres.

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2.2.1 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the Hospital Center’s Maintenance

Director and Dietary Manager will be the primary points of contact for the work to be performed as a result of this IFB.

a) Maintenance Director and Dietary Manager

1) The facility Maintenance Director and/or Dietary Manager will be responsible for approving the scheduling of work to be performed as well as providing access to the central kitchen and any other work areas, as required.

2.2.2 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.

c) The Contract Monitor will provide written notice of performance issues to the Contractor, clearly describing the problem and delineating remediation requirement(s). If performance issues persist, the Contract Monitor may request the immediate removal of persons(s) whose performance is an issue and determine whether a substitution is required. Contractor shall promptly comply with any such requests.

2.3 Responsibilities and Tasks

2.3.1 Delivery Schedule

2.3.1.1 The Contractor will remove one (1) existing commercial Combination Oven and deliver and install one (1) commercial Combination Oven within thirty (30) days after Notice to Proceed. (See

Section 2.3.2 for Combination Oven Specifications and Installation requirements).

2.3.1.2 The Contractor will remove existing equipment; two (2) commercial combination ovens and two

(2) blast chillers and replace and install two (2) new commercial combination ovens and two (2) new blast chillers with heat as state in the specifications below on or before 90 DAYS AFTER NOTICE OF

PROCEED.

2.3.2 Combination Oven Specifications and Installation requirements:

a) Provide a minimum of a 2-year parts and labor warranty and a minimum of a 5-year minimum warranty on steam generators;

b) Procure and provide delivery of all equipment and auxiliary equipment necessary for removal and installation, as well as all utility connections;

c) Protect areas of operation, quarantine areas as needed, and meet health code requirements for commercial kitchen use during installation.

d) Contractor must remove and dispose of old equipment;

e) Contractor must provide and supervise licensed professionals (if applicable) for reassembly, installation, start-up, and training for operational use and maintenance of equipment;

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f) Provide and supervise third-party electrical inspection as needed;

g) Provide capacity equal to or greater than (20) twenty full-size sheet pans or (40) forty steam table pans or (20) twenty 2/1 GN accessories;

h) Provide mobile oven rack with 2 1/2” inch rack spacing;

i) Provide tandem casters (63mm);

j) Provide handle holder for mobile rack;

k) Provide combi-steamer mode option (steaming 86 °F - 266 °F), convection (86 °F – 572 °F), and combination of steam and convection (86 °F – 572 °F);

l) Provide intelligent, connectable cooking systems with operating modes for a variety of cooking methods;

m) Provide combi steamer as per DIN 18866 (in manual mode);

n) The electrical appliance must conform to the EPA 202 test in accordance with ANSI/NFPA

96 "Ventilation Control and Fire Protection of Commercial Cooking Operations" and UL

Listing KNLZ.E148536;

o) Provide smart/intelligent connectivity with LAN and Wi-Fi options (IEEE 802.11 a/g/n);

p) Provide electrical connection for voltage 3 AC 208 V /240V or as deemed appropriate for facility needs;

q) Provide one NPT with 1" gas shut off for gas connections or as deemed appropriate by

MDH;

r) Provide water connections based on equipment needs and water hardness as approved by the

State;

s) Energy efficient - (See Appendix 3)

2.3.3 Self-Contained Roll in Blast Chiller and Shock Freezer with Heat Cycle Specifications and

Installation Requirements:

a) Provide a minimum of a two (2) year parts and labor warranty and a minimum of a five (5) year compressor warranty;

b) Provide delivery of all equipment and auxiliary equipment necessary for removal and installation;

c) Removal of old equipment and supervision for removal of old equipment;

d) Reassembly, installation, and utility connections, start-up, and training for new equipment;

e) Provide all connections as deemed appropriate based on equipment need, in accordance with applicable codes and best practices In Accordance With (IAW) industry standards;

f) Provide 3rd party electrical inspection, as needed;

g) Electrical supply 208V-3+PE 60Hz;

h) Operating cycles with temperatures from 185°F to -40°F;

i) Capacity: 1 x Combi Oven Trolley (sized for 18’’x26’’ pans);

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j) Capacity: 2 x SLIM Rack (sized for 12’’x20’’ pans);

k) Blast chilling capacity (194F to +37°F) 221 Lbs. (within 90 min or less);

l) Shock freezing capacity (194F to 0°F) 221 Lbs. (within 240 min or less);

m) Energy efficient – See Appendix 3

2.3.4 General Electrical Requirements

a) 208V/3+PE/60Hz

b) ATS – 800A

c) Power distribution within six feet of each rack

d) AWG 4G6

e) Lighting – daylight levels

2.3.5 Equipment Delivery and Installation

Delivery of equipment shall be performed within the time frame indicated in Section 2.3.1 of award/selection, with installation beginning no later than 72 hours after delivery.

2.3.6 Guarantee of Work Performed

a) “The Bidder shall provide a two (2) year warranty for the repair, replacement, and installation, of equipment procured under this Contract at no cost to the State.”.

b) In any case where in fulfilling the requirements of the bidder or any guarantee, the bidder disturbs any other products or work , she/he shall restore such disturbed products or work to a condition comparable to its original condition and guarantee such restored work to the same extent as it was guaranteed under other contracts as applicable.

c) Failure to proceed promptly to comply with the terms of any guarantee under the Contract or correct any products/work disturbed by the awarded bidder shall be without additional expense to the State or Maryland or Hospital Center.

(1) Damaged or defective products and/or work that is deemed unsatisfactory by the Contract

Monitor; shall promptly reimburse the State or Hospital Center the amount provided by the

Contract Monitor to correct the damaged and/or defective products and/or work.

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3 Contractor Requirements: General

3.1 Contract Requirements

A. The Contractor (bidder) shall schedule and hold a kickoff meeting within 5 Business Days of

NTP Date. At the kickoff, the Contractor shall furnish an updated project schedule describing the activities for the Contractor, Contract Monitor and any third parties for completion of the IFB and contract terms. (See Appendix 4 – Required Activities Chart)

B. The Bidder is responsible for having and demonstrating an understanding of the work to be performed along with proposed services including a work plan, methodology, experience, skills, and qualified staff.

C. Bidder shall provide a work plan to include estimated timelines that meet the requirements outlined in Section 2.3 Responsibilities and Tasks, and a list of staff that will be performing the required work. The list of staff shall include for each individual name, years of relevant experience, and proof of any training, licenses, or certifications required to perform the duties they will be assigned

D. The Contractor shall provide all necessary supervision, labor, adequate staffing, new equipment, materials, supplies, installation accessories, personal protection equipment, debris/dust control measures, and anything else reasonably required for the installation of new equipment along with removal/disposal of existing equipment as described.

E. The Contractor must provide two (2) certification(s) and manufacturer operating manuals associated with all equipment. One copy will be shall be supplied to the Dietary and one copy to Maintenance Directors within seven (7) days after installation.

F. The Contractor/subcontractor’s staff shall attend a mandatory project orientation as scheduled by the Hospital Center, which shall be conducted by SGHC Facilities Management to discuss

Hospital Center policies, security, safety, access and utility connections and population served at the facility.

G. The Contractor shall provide all electrical, plumbing, and mechanical work associated with the proper installation of the new equipment in accordance with all applicable federal and

State of Maryland regulations. The new equipment shall be installed in accordance with manufacturer’s installation specifications and industry standards to include but not limited

NEC, NEIS, ANSI.

H. The Contractor shall perform the necessary pre and post installation assessment/s and operating tests. Contractor shall have a third-party licensed electrician verify that all installations meet industry standards, laws, regulations and codes and provide a written copy of the inspection to the Contract Monitor or designee.

I. The Contractor shall inspect all areas for the installation and removal of the kitchen equipment to determine any defects that may prevent the proper completion of this project.

Any such defects shall be immediately reported to the Contract Monitor or designee and the

Contractor shall not proceed with work until such defects are corrected and Contractor is directed to proceed by the Contract Monitor.

J. The Contractor shall be responsible for obtaining all necessary and/or required permits, inspection cost, offsite storage, shipping, insurance, and freight where required for delivery, installation, removal and disposal.

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K. Throughout the project, the vendor shall maintain the identified work area in a safe, neat, clean and orderly manner. The vendor shall take steps to prevent the accumulation of debris at the site and will remove all trash and always account for all materials and equipment during all work phases of the project.

L. The Contractor’s working hours shall be performed during the facility’s normal operations.

Normal hours of operation are Monday – Friday, 6:00 AM through 4:00 PM. Contractor shall provide installation and removal services which require utility shut off or excessive noise

Monday through Friday during the hours of 5:00 pm through 4:00am. Weekend work will not be permitted unless approved in writing by the Contract Monitor or designee.

M. The Contract Monitor will give written notice of performance issues to the Contractor, clearly describing the problem and delineating remediation requirement(s). If performance issues persist, the Contract Monitor may request the immediate removal of persons(s) whose performance is an issue and determine whether a substitution is required.

N. Before any of the work shall begin, the Contractor shall confer with the State’s representative at the site and agree on times, a sequence of procedure, means of access to the premises, space for storage of materials and equipment, use of approaches, use of facilities, etc.

O. State Holidays shall be observed by the Contractor and shall include:

• New Year’s Day

• Birthday of Dr. Martin Luther King, Jr.

• Presidents’ Day

• Memorial Day

• Juneteenth

• Independence Day

• Labor Day

• Columbus Day

• Election Day

• Veteran’s Day

• Thanksgiving Day

• American Indian Heritage Day

• Christmas Day

And all other additional days authorized by the Governor, plus official general election holidays.

3.2 End of Contract Transition

3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow-on contractor, for a period up to 30 days prior to Contract end date, or the termination thereof. Such transition efforts shall consist, not by way of limitation, of:

a) Provide additional technical support or training on equipment as requested to successfully complete the transition;

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

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

d) Provide current operating procedures (as appropriate).

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

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

Monitor.

3.3 General Invoicing

3.3.1 General

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

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 Hospital Center reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Hospital Center 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 Hospital Center, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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

3.3.2 Invoice Submission Schedule

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

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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 Hospital

Center.

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

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

a) The amount invoiced is inconsistent with the Contract;

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

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

d) The item or services have not been accepted;

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

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

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

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

i) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the

Contract and compliance with its provisions.

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

This Section is inapplicable to this IFB.

3.5 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:

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

a) Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

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b) Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

c) Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed

$10,000. The State of Maryland and the Hospital Center should be added as a “loss payee.”

d) Cyber Security / Data Breach Insurance – (For any service offering hosted by the

Contractor) ten million dollars ($10,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

e) Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’

Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

f) Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or

Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of

Maryland.

3.5.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation

Insurance and professional liability.

3.5.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

3.5.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.5.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the

Contractor shall provide certificates of insurance annually, or as otherwise directed by the

Contract Monitor.

3.5.6 The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

3.6 Security Requirements

The following requirements are applicable to the Contract:

3.6.1 Employee Identification

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

Personnel shall provide additional photo identification.

b) Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

c) Contractor shall remove any Contractor Personnel from working on the Contract where the

State determines, in its sole discretion, that Contractor Personnel has not adhered to the

Security requirements specified herein.

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

Contract.

3.6.2 Security Clearance / Criminal Background Check

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

3.6.3 On-Site Security Requirement(s)

a) For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1) Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor

Personnel to be accompanied while on secured premises.

2) Some State sites, especially those premises of the Department of Public Safety and

Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the

Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

b) Any Contractor Personnel who enter the premises of a facility under the jurisdiction of the

Hospital Center may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the

Hospital Center.

c) Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-

410 through 9-417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

IFB for Spring Grove Hospital Center Page 12 of 68

3.7 Problem Escalation Procedure

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

3.7.2 The Contractor shall provide contact information to the Contract Monitor, as well as to other

State personnel as directed should the Contract Monitor not be available.

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

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

b) Names, titles, and contact information for progressively higher levels of personnel in the

Contractor’s organization who would become involved in resolving a problem;

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

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

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

f) Contact information for persons responsible for resolving issues after normal business hours

(e.g., evenings, weekends, holidays) and on an emergency basis; and

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

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

3.8 SOC 2 Type 2 Audit Report

A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

3.9 Minority Business Enterprise (MBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.10 Veteran Small Business Enterprise (VSBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.11 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

IFB for Spring Grove Hospital Center Page 13 of 68

3.12 Additional Clauses

The attached hospital policies, “Interim Life Safety, Policy & Procedure No. 9.2” and “Contractor

Guidelines, Policy & Procedures SGHC062707” are included in the eMMA solicitation online and must be followed in performance of work associated with the contract resulting from this solicitation.

3.12.1 The State of Maryland’s Commitment to Purchasing Environmentally Preferred

Products and Services (EPPs)

A. The State of Maryland is Committed to purchasing environmentally preferable products and services (EEPs). 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.

B. As proof of the contractor meeting this requirement the equipment must have an Energy-

Saving logo.

3.12.2 Maryland’s Green Purchasing Reporting Requirements

The State of Maryland requires, at a minimum, from the Contractor annual sales data over the life of this Contract; the State also reserves the right to request quarterly sales data over the life of this

Contract.

The report shall include at a minimum detail about the third-party sustainability certifications and other environmental attributes of products and services sold on this price agreement per the Contract specifications.

To facilitate consistent reporting on this Contract, the Contractor will be provided with a

CONTRACTOR GREEN SALES REPORT template from the Green Purchasing Committee (GPC), the

Office of State Procurement (OSP) or the Department of General Services (DGS). The template may be found at https://dgs.maryland.gov/Documents/GreenPurchasing/VendorGreenPurchasingDataTemplates.xlsx

3.12.3 Environmental Claims

All environmental benefit claims made by the Contractor concerning products or services offered on this Contract must be consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Claims.

3.12.4 No-Cost Extensions

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

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/ https://dgs.maryland.gov/Documents/GreenPurchasing/VendorGreenPurchasingDataTemplates.xlsx https://www.ftc.gov/policy/federal-register-notices/guides-use-environmental-marketing-claims-green-guides https://www.ftc.gov/policy/federal-register-notices/guides-use-environmental-marketing-claims-green-guides

IFB for Spring Grove Hospital Center Page 14 of 68

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

4.1.7 In order to assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form (Attachment A) no later than the time and date indicated on the form. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5)

Business Days prior to the Conference date. The Hospital Center will make a reasonable effort to provide such special accommodation.

4.1.8 Seating at the Conference will be limited to two (2) attendees per vendor.

4.1.9 A site visit/pre-bid conference has been pre-scheduled for 6/5/24 beginning at 2:00 PM Local

Time, at Spring Grove Hospital Center, 55 Wade Ave., Catonsville, MD 21228. All prospective

Bidders are encouraged to attend in order to facilitate better preparation of their Bids.

4.2 eMaryland Marketplace Advantage (eMMA)

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

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

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

4.3 Questions

4.3.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (OPASS-24-23404 - Central

Kitchen equipment replacement and installation for Spring Grove Hospital Center), and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

IFB for Spring Grove Hospital Center Page 15 of 68 due date. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.3.2 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.

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

4.4 Procurement Method

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

21.05.02.

4.5 Bid Due (Closing) Date and Time

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

Procurement Officer no later than the Bid due date and time indicated on the Key Information

Summary Sheet in order to be considered.

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

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the

Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

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

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

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

4.5.7 Potential Bidders not responding to this solicitation are requested to submit the “No Bid

Notice/Vendor Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids

4.7.1.1 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.

4.7.1.2 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.

IFB for Spring Grove Hospital Center Page 16 of 68

4.8 Confidentiality of Bids / Public Information Act Notice

4.8.1 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.

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

4.8.3 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.

4.9 Award Basis

4.9.1 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.

4.9.2 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…