Post - OCMP-26-25405 - IFB - Water Testing and Water Treatment Services for Spring Grove Hospital Center.pdf

Water Testing and Water Treatment Services for Spring Grove

Hospital Center. Solicitation # OCMP-26-25405 IFB Document

IFB for MDH - Spring Grove Hospital Center Page 1 of 38

STATE OF MARYLAND

SPRING GROVE HOSPITAL CENTER

(SGHC)

INVITATION FOR BIDS (IFB)

WATER TESTING AND WATER TREATMENT SERVICES

FOR SPRING GROVE HOSPITAL CENTER

IFB NUMBER OCMP-26-25405 / EMMA # BPM053076

ISSUE DATE: JULY 30, 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/

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses . 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

Department of Social and Economic Mobility’s (DoSEM) Office of Small, Minority & Women Business

Affairs (OSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement

Officer shall verify that the apparent awardee is certified by the OSBA as a certified small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement

Officer has the right to remove the SBR designation via an Amendment on eMMA.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

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MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Services - Water Testing and Water Treatment Services for Spring Grove

Hospital Center

Solicitation

Number:

OCMP-26-25405

IFB Issue Date: 7/30/2026

IFB Issuing

Office:

Spring Grove Hospital Center (SGHC or the "Hospital Center")

Procurement

Officer:

Lisa Queen

Office of Management and Procurement

Email:

Phone Number:

Lisa.queen@maryland.gov

443-842-8529

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number OCMP-26-

25405 / EMMA# BPM053076

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:

Thursday, August 6, 2026 at 10:30 AM Local Time, at meeting location on campus - Maintenance Mall building (building #37). Spring

Grove Hospital Center 55 Wade Avenue, Catonsville, MD 21228. (See

Exhibit 4 Attachment - SGHC Map, building #37)

See Section 4.3 for additional details.

See Attachment 2 to RSVP by Wednesday, August 5th at 4:00 PM

Local Time. Feel free to contact lisa.queen@maryland.gov with questions or to RSVP. Please return Attachment 2 forms to lisa.queen@maryland.gov.

Scheduled Site

Visit

Site Visit -Pre-Bid Conference, Thursday, August 6, 2026 at 10:30

AM Local Time at meeting location on campus - Maintenance Mall building (See Exhibit 4 -SGHC Map, building #37 Maintenance Mall).

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-1.-No-Bid_Proposal-Notice_Vendor-Feedback-Form-1-1.docx https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/11/Attachment-2.-Pre-Bid_-Pre-Proposal-Conference-Response-Form-v2.pdf mailto:lisa.queen@maryland.gov

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Site Visit Location: 55 Wade Avenue, Catonsville, MD 21228

To attend the site visit please contact the Procurement Officer, Lisa

Queen via Email (lisa.queen#maryland.gov) no later than Wednesday, August 5th at 4:00 PM Local Time. Please RSVP and include

Attachment 2

Questions Due

Date and Time:

Questions should be sent to Lisa Queen via email, lisa.queen@marylnad

.gov not later than Monday, August 10th, 2026 at 11:00 AM Local Time.

Bid Due (Closing)

Date and Time:

Wednesday, August 19th, 2026 at 2:00 PM Local 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). See link https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-1.-No-Bid_Proposal-

Notice_Vendor-Feedback-Form-1-1.docx

Public Bid

Opening Date, Time, and

Location

Wednesday, August 19th, 2026 at 2:30 PM Local Time

Bid Opening - Water Testing and Water Treatment Services for

SGHC(26-25405))

Wednesday, August 19 · 2:30 – 3:00pm

Time zone: America/New_York

Google Meet joining info

Video call link: https://meet.google.com/kas-tvdk-bbk

Or dial: 3180-735-(US) +1 636 PIN: 534 707 869#

More phone numbers: https://tel.meet/kas-tvdk-bbk?pin=6542419476418

MBE

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___% https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/11/Attachment-2.-Pre-Bid_-Pre-Proposal-Conference-Response-Form-v2.pdf mailto:lisa.queen@marylnad https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-1.-No-Bid_Proposal-Notice_Vendor-Feedback-Form-1-1.docx https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-1.-No-Bid_Proposal-Notice_Vendor-Feedback-Form-1-1.docx https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-1.-No-Bid_Proposal-Notice_Vendor-Feedback-Form-1-1.docx

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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: Firm fixed price and Indefinite Quantity

Contract

Duration:

1 year base period with zero option periods.

Primary Place of

Performance:

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

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.3.1 Invoice Submission Schedule

3.3.2 Deliverable Invoicing

3.3.3 Labor Hour/Time and Materials Invoicing

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

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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 Bid Evaluation Criteria and Award Basis

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)

5.2 Exhibits (Table D)

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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 must have three (3) years of experience providing water testing and water treatment services. Required Documentation:

1. The Bidder shall provide with its Bid two or more references from the past five years that collectively are able to attest to the Bidder’s required years of experience in providing water testing and water treatment services.

2. “Attachment L Reference Checks" with two or more references completed. Also see TABLE A – Attachments and Documents

Required with the Bid.

B. The Bidder shall provide documentation that attests to the retention of licensing and/or certification to perform water testing, sampling, and treatment services in the State of

Maryland as required by the Maryland Department of the Environment and the EPA’s Safe

Drinking Water Act (SDWA).

1. Required Documentation: The Bidder shall provide with its Bid;

current certification issued by the Maryland Rural Water Association

(MRWA) -Water Sampler Certification as stated by the Maryland

Department of the Environment (MDE) for water sampling, testing, laboratory analysis, and treatment.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://www.epa.gov/sdwa https://www.epa.gov/sdwa https://www.md-rwa.org/ https://www.md-rwa.org/ https://mde.maryland.gov/programs/water/water_supply/Pages/drinkingwater.aspx

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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”): Water sampling, sample analysis and water treatment services for twenty-four

(24) buildings on Spring Grove Hospital Center’s Campus, located at 55 Wade Avenue, Catonsville, Maryland 21228. .

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.

2.1.2 This is a single award. 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

The Maryland Department of Health – Spring Grove Hospital Center is issuing this Invitation for

Bids (IFB) to obtain services that include the water sampling, sample analysis, and treatment of water systems operating within the twenty-four (24) buildings on the Spring Grove Hospital Center campus, located at 55 Wade Avenue, Catonsville, Maryland. The Contract will include all applicable services and tasks associated with maintaining the integrity and viability of the water and drinking water systems of the hospital center.

Spring Grove Hospital Center (SGHC) is fully Joint Commission accredited, Centers for Medicare and Medicaid Services (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.

2.2.1 Project Goals

Water testing, water sample analysis, and water treatment services are necessary to identify hazardous water conditions and to perform procedures to mitigate or prevent the growth and transmission of Legionella and other waterborne pathogens in the building water systems at

SGHC. To meet Maryland Department of Health and Joint Commission requirements this project will consist of water sampling, water sample analysis, the provision of recommendations to mitigate or prevent legionella (or other waterborne pathogens), and water treatment services.

Throughout the Water Testing and Water Treatment Services contract; the testing, sampling, recommendations and necessary water treatment shall meet MDH, Maryland Department of the

Environment (MDE), Joint Commission and all other applicable industry standards.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State may designate additional personnel to monitor or oversee the scope of work and deliverable items under this solicitation and subsequent Contract. Final inspection shall encompass all items identified under Section 2.3, Contractor Responsibilities and Tasks, and shall include submission of a comprehensive final report with all test results. Final inspection will be done by the Contractor, MDH Representative, Spring Grove Hospital Center, and /or other State of Maryland Representatives.

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Contract Monitor

2.2.3 The Contract Monitor is responsible for the review of the manufacturers/supplier’s specification sheets, testing parameters, testing schedules, shop drawings (if requested), and any other requested information for all materials to be used as part of the services requested within this solicitation and the subsequent Contract.

MDH/SGHC Safety Officer

A. An activity hazard analysis or risk analysis shall be submitted to and reviewed by the

Spring Grove Hospital Center Safety Officer.

Patient Area Escort

A. SGHC will assign escorts for all areas where required with proper notice of work to be performed. The Contract Monitor, SGHC Safety Officer, or their designee will confirm scheduling and areas needed for escort.

2.2.4 Other State Responsibilities

A. The Contractor shall report to the Director of Facilities or designee prior to starting any work.

B. The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work

C. The Contract Monitor will work with the Contractor to schedule all required services within a reasonable time frame

D. Before any work beings, the Contractor shall confer with the Director of Facilities to review the full scope of work, contractor guidelines policy, sign-in & out requirements, fire/safety guidelines established for the facility, and other policies related to the work, a sequence of procedure, means of access to the premises, use of approaches, use of facilities, and meet

SGHC staff the Contractors will be working with.

E. If it becomes necessary to perform work on days or at times other than those indicated above or on holidays, special permission must be obtained in advance from the State’s representative in writing.

F. The State shall provide access during general operating hours of the SGHC (Monday – Friday

7:30 a.m. – 4:30 p.m. Alternatively, working hours and access will be discussed and confirmed prior to the commencement of the requested work.

G. State holidays shall be observed by the Contractor and shall include:

● New Year’s Day

● Dr. Martin Luther King, Jr. Birthday

● Presidents’ Day

● Memorial Day

● Juneteenth National Independence Day

● Independence Day

● Labor Day

● Columbus Day

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● Veterans’ Day

● Thanksgiving Day

● American Indian Heritage Day

● Christmas Day and all other additional days authorized by the Governor, plus official general election holidays.

2.3 Contractor Responsibilities and Tasks

The Contractor will provide all labor, equipment, tools, materials, supplies, means and methods as required for to perform water sampling, water sample analysis, provide water treatment recommendations and water treatment services for the twenty-four (24) buildings on the Spring Grove

Hospital Center campus. All services requested and performed shall be in accordance with the documents, drawings, specifications, policies, and/or references contained in this scope of work and in accordance with manufacturer recommendations and applicable building, life safety codes, and testing agencies to include, but not limited to:

A. Underwriters Laboratories (UL).

B. Maryland Department of Health (MDH)

C. Maryland Department of the Environment (MDE)

D. Joint Commission on accreditation of Healthcare Organizations (JCAHO)

E. Center for Disease Control and Prevention (CDC)

F. American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)

G. Americans with Disabilities Act (ADA).

2.3.1 Description of work to be performed

A. The contractor will perform the following services for the twenty-four (24) hospital buildings located throughout the Spring Grove Hospital Center campus:

1. Water Testing & Monitoring

i. Perform annual water sampling and analysis.

ii. Perform sampling at hot and cold-water outlets, showers, faucets, ice machines, cooling towers, and other aerosolizing water sources or locations.

iii. Perform sampling and analysis per MDE and Maryland Rural Water

Association (MRWA) training and standards.

1. Utilize sterile containers, necessary preservatives, overnight shipping if applicable.

2. Provide records of sampling and analysis documentation (i.e.

Chain of Custody, laboratory analysis reports)

a. Provide detailed reporting of sampling locations, systems, recommendations, and administered water treatment.

b. Immediately report any positive legionella results within

24hrs.

https://www.ul.com/services/drinking-water-quality-testing https://maps.health.maryland.gov/ephtportal/drinkingWater https://mde.maryland.gov/programs/water/water_supply/Pages/index.aspx https://www.jointcommission.org/en-us/standards/r3-report/r3-report-32 https://www.cdc.gov/control-legionella/php/healthcare/water-management.html https://www.ashrae.org/technical-resources/standards-and-guidelines/guidance-for-water-system-risk-management https://www.ada.gov/

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c. Provide water sample results and related reporting within 48 to 72hrs of analysis.

B. List of Buildings to be tested and monitored:

1. Patient areas to be tested annually within the contract:

i. Dayhoff

ii. Jamison

iii. Noyes

iv. Red Brick 1

v. Red Brick 2

vi. Red Brick 3

vii. Red Brick 4

viii. Smith

ix. Tawes

x. White

2. Staff areas to be tested annually within the contract:

i. Administration

ii. Central Kitchen/Storeroom

iii. Cottage C

iv. Cottage G

v. Dix

vi. Garage

vii. Garrett

viii. Hill

ix. Mitchell

x. Preston

xi. Maintenance Mall

xii. Tuerk

xiii. Voc Rehab

xiv. Dental Board

C. Water Treatment Protocols

1. If Legionella or other pathogens are detected during annual water sampling, analysis and monitoring, the contractor shall:

i. Immediately notify the Contract Monitor or designated facility staff.

ii. Provide recommendations on the isolation of affected systems and treatment of affected water systems.

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iii. Perform water system disinfection utilizing the most suitable method

(i.e., Thermal, shock chlorination, and/or hyperchlorination.)

iv. Perform retesting post-treatment until pathogen levels are below established limits (< 10 CFU) (See Exhibit 3 for the SGHC Water

Management Program policy and testing parameters).

2.3.2 Provision of Warranty

A. The Contractor shall provide a guarantee of work performed; applying a warranty of two (2) years for the installation, labor, parts, repairs, and replacement for any equipment installed.

The two (2) year warranty shall include the following parameters at minimum if applicable:

1) The Contractor warrants that all labor, testing, sampling, and treatment services performed under this contract will comply with Center for Disease Control (CDC), American Society of Heating, Refrigerating and Air-Conditioning Engineers

(ASHRAE) 188, Occupational Safety and Health Administration (OSHA), United

States Environmental Protection Agency (EPA), and SGHC Water Management

Program standards. All materials, chemicals, and equipment provided will be free from defects and suitable for their intended use.

2) That the Contractor shall correct, repair, remove or replace, without cost to the SGHC or the State, any work found not to be as guaranteed by this section or otherwise not in conformity with the Contract. The Contractor is responsible for all damages caused to other work or materials in the process of complying with this section.

3) All corrective actions are subject to verification by follow-up testing. Water systems must demonstrate pathogen levels below established limits (<10 CFU/mL) for the work to be considered compliant.

2.3.3 Site Conditions

A. All work is to be coordinated with the designated MDH/SGHC Representative.

B. Contractor’s must have a designated SGHC Representative while working in patient areas.

C. This is an occupied facility. All work shall be completed within patient accessed areas along with an escort to be provided by SGHC.

D. The staging area of material and equipment will be coordinated and confirmed with the

MDH/SGHC Representative. The staging area is considered unsecured.

E. The contractor must not leave any area unsafe at the end of the working day or during meal breaks. All tools shall be removed from the buildings whenever the contractor is not actively working.

F. It is the contractor’s responsibility to verify all existing conditions and dimensions prior to submitting bid.

G. Upon Notice to Proceed, the Contractor shall commence work. All contract performance timelines, deliverables, and reporting requirements shall commence on the effective start date listed on the Notice to Proceed.

2.4 Facilities Maintenance Supplemental Requirements

This supplemental contains additional requirements under Section 2 of the solicitation.

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2.4.1 Security Requirements

The following requirements are applicable to the Contract:

2.4.1.1 Employee Identification

1) 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.

2) Contractor Personnel shall cooperate with State site requirements which includes, but not limited to, being escorted at all times and providing information for State badge issuance.

3) 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.

4) 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.

2.4.1.2 Security Clearance / Criminal Background Check

The State reserves the right to refuse any individual Contractor Personnel to work on

State premises, based upon certain specified criminal convictions, as specified by the

State.

A security clearance is not required for Contractor Personnel.

A. A criminal background check for any Contractor Personnel providing on-site service roles shall be completed prior to each Contractor Personnel providing any services under the Contract.

B. The Contractor shall obtain at its own expense a Criminal Justice Information

System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private entity.

2.4.1.3 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 and may be barred from entrance or exit until such time that the State’s conditions and queries are satisfied. The State reserves the right to require Contractor Personnel to be accompanied while in 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 an inventory of tools being brought onto a site and be prepared to present the inventory, as well as the tools or

IFB for MDH - Spring Grove Hospital Center Page 14 of 38 equipment, to the State staff or an officer for review and inspection. Before leaving the site, the Contractor Personnel may again be required to present the inventory list and the tools or equipment for inspection. Upon both entering and exiting 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 Department may be searched, fingerprinted (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by the Department.

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.

2.4.2 Mercury and Products That Contain Mercury

All products or equipment provided pursuant to this solicitation shall be mercury-free products. The Bidder/Offeror must submit a Mercury Affidavit in the form of Attachment J with its Bid/Proposal.

2.4.3 Substitution of Personnel

If the solicitation requires that a particular individual or personnel be designated by the

Bidder/Offeror to work on the Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Monitor prior to the substitution. If the

Contractor substitutes personnel without the prior written approval of the Contract Monitor, the

Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

2.4.4 Green Purchasing

Contractors must comply with Maryland’s Green Purchasing Reporting Requirements. See the

Green Purchasing website for more information. Green Purchasing (maryland.gov)

The State of Maryland is committed to purchasing environmentally preferable 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/Offerors are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

The State of Maryland reserves the right to request from the Contractor quarterly sales data over the life of this contract. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold on this price agreement per the contract specifications.

This information will enable Maryland State agencies to comply with Article §14–405 of the

Annotated Code of Maryland and COMAR 21.13.01.14, effective October 1, 2014, which requires Maryland state agencies to report to the Department of General Services on their procurement of environmentally preferable products and services. To facilitate consistent https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf https://dgs.maryland.gov/Pages/GreenPurchasing/Resources/Specifications.aspx

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SALES REPORT template by the Maryland DGS.

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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 prior to commencement of Contract performance.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 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 not satisfying 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 name and address;

B. Remittance address;

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

D. Invoice period (i.e. time period during which services covered by 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, and labor hour, or time and material billing.

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

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.

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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.

3.3.1 Invoice Submission Schedule

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

A. For items of work for which there is one-time pricing (see Attachment B –The Price

Form), those items shall be billed in the month following the acceptance of the work by the State.

B. For Items of work for which there is annual pricing (see Attachment B–The Price

Form), those items shall be billed in equal monthly installments for the applicable

Contract year in the month following the performance of the services.

C. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 15th business day of the month following the end of the invoice period.

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

3.3.2 Deliverable Invoicing

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.3 Labor Hour/Time and Materials Invoicing

All labor hour/time and material invoices shall be accompanied by a timesheet signed by the

Contract Monitor as described below and notice(s) of acceptance issued by the State: DPAF for each time period invoiced (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAccept anceForm-DPAFsample.pdf). Include for each person covered by the invoice the following, individually listed per person: name, hours worked, hourly labor rate, invoice amount and a copy of each person’s timesheet for the period signed by the Contract Monitor.

1. Timesheet Reporting

Within three (3) Business Days after the 15th and last day of the month, the Contractor shall submit a semi-monthly timesheet for the preceding half month providing data for all

Contractor Personnel / employees / resources working under the Contract.

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

1) Title: “Time Sheet for Water Testing and Water Treatment Services”;

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

3) For each Contractor employee /resource:

a) Contractor employee / resource name, and

b) For each period ending date, e.g., “Period Ending: mm/dd/yyyy” (Periods run

1st through 15th, and 16th through last day of the month.):

i) Tasks completed that week and the associated deliverable names and

ID#s;

IFB for MDH - Spring Grove Hospital Center Page 18 of 38

ii) Number of hours worked each day;

iii) Total number of hours worked that Period;

iv) Period variance above or below 40 hours;

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

vi) Annual number of hours worked to date; and

vii) Balance of hours remaining;

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

5) Signature and date lines for the Contract Monitor.

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

2. Materials Reporting

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 purposes of 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. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

I. 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

J. 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.

A. There shall be no reimbursement for Routine Travel. Contractor shall not be reimbursed for Non-Routine Travel without prior Contract Monitor approval.

B. Routine Travel is defined as travel within a 50-mile radius of the SGHC’s base location, as identified herein the IFB, or the Contractor’s facility, whichever is closer to the consulting or work site. There will be no payment for labor hours for travel time or reimbursement for any travel expenses for work performed within these radiuses or at the Contractor’s facility.

C. Non-routine Travel is defined as travel beyond the 50-mile radius of SGHC’s base location, as identified herein the IFB, or the Contractor’s facility, whichever is closer to the consulting or work site. Non-routine travel will be reimbursed according to the

State’s travel regulations and reimbursement rates, which can be found at:

IFB for MDH - Spring Grove Hospital Center Page 19 of 38 www.DBM.maryland.gov - search: Fleet Management. If Non-Routine travel is conducted by automobile, the first 50 miles of such travel will be treated as Routine

Travel and will not be reimbursed. The Contractor may bill for labor hours expended in non-routine traveling beyond the identified 50-mile radius, only if so specified in the

IFB or Work Order.

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.

3.4.3 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 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 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 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;

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 persons responsible for resolving issues after normal 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 which 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.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

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

IFB for MDH - Spring Grove Hospital Center Page 20 of 38

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/GA

DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and

COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements”

(see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

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

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 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 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 prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, 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.”

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf

IFB for MDH - Spring Grove Hospital Center Page 21 of 38

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

Certain documentation may be available for potential Bidders to obtain electronically or to review hard copies at a location identified by the Procurement Officer. If such documentation is identified, Bidders will be required to sign a Non-Disclosure Agreement in the form of

Attachment 3 – Non-Disclosure Agreement (Bidder/Offeror) prior to the documentation being provided by the Procurement Officer.

3.10.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement

(NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

3.11 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 your 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/.

3.12 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.

3.13 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:

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

A. Commercial General Liability – Two hundred fifty thousand dollars ($250,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and five hundred thousand dollars ($500,000) annual aggregate.

The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Errors and Omissions/Professional Liability – Two hundred fifty thousand dollars

($250,000) per combined single limit per claim and five hundred thousand dollars

($500,000) annual aggregate.

C. 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 five https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-3.-Non-Disclosure-Agreement-Bidder_Offeror.pdf https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for MDH - Spring Grove Hospital Center Page 22 of 38 hundred thousand dollars ($500,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

3.13.2 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.

3.13.3 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 canceled 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.

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

3.13.5 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.

3.13.6 Subcontractor Insurance

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.

IFB for MDH - Spring Grove Hospital Center Page 23 of 38

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

4.2 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 in the direction from 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 includes 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

If a Conference will be held, the date, time, and location is indicated on the Key Information

Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids.