PV-975-200-001 - Berlin Replacement RFP FINAL.pdf

STATE OF MARYLAND

MARYLAND DEPARTMENT OF GENERAL SERVICES (DGS)

REQUEST FOR PROPOSALS (RFP)

BARRACK V – BERLIN REPLACEMENT

RFP NUMBER: PV-975-200-001

ISSUE DATE: NOVEMBER 13, 2019

NOTICE

PROPOSALS FOR THIS SOLICITATION WILL ONLY BE

RECEIVED THROUGH EMARYLAND MARKETPLACE

ADVANTAGE. NO PAPER PROPOSALS WILL BE ACCEPTED.

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

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

Barrack V – Berlin Replacement

Solicitation #: PV-975-200-001 RFP Document

RFP for Maryland Department of General Services Page ii of 64

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: Barrack V – Berlin Replacement

Solicitation No: PV-975-200-001

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 Proposal is insufficient

Start-up time is insufficient

Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

Proposal 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: ________________________________________________________________

RFP for Maryland Department of General Services Page iii of 64

STATE OF MARYLAND

MARYLAND DEPARTMENT OF GENERAL SERVICES (DGS)

KEY INFORMATION SUMMARY SHEET

Request for Proposals A/E - Barrack V – Berlin Replacement

Solicitation Number: PV-975-200-001

RFP Issue Date: November 13, 2019

RFP Issuing Office: Maryland Department of General Services (DGS or the Department)

Project Manager: Benjamin D. Wood, P.E., LEED AP

Capital Projects Manager

Department of General Services

301 W. Preston St., Room 1420

Baltimore, Maryland 21201 benjamin.wood@maryland.gov

410-767-4391 (office)

410-333-7558 (fax)

Procurement Officer: Mark Riesett

301 W. Preston Street Room: M-7

Baltimore, MD 21201 e-mail:

Office Phone:

mark.riesett@maryland.gov

410-767-4045

Proposals are to be sent to: PROPOSALS FOR THIS SOLICITATION WILL ONLY BE

RECEIVED THROUGH eMARYLAND MARKETPLACE

ADVANTAGE. NO PAPER PROPOSALS WILL BE

ACCEPTED.

Pre-Proposal Conference: November 21, 2019 @ 11:00 AM Local Time

9758 Ocean Gateway, Berlin, MD 21811

Questions Due Date and Time November 28, 2019 by 4:00 PM Local Time

Proposal Due (Closing) Date and Time:

December 5, 2019 3:00 PM Local Time

Offerors are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

MBE Subcontracting Goal: 5%

VSBE Subcontracting Goal: N/A

Contract Type: Firm Fixed Prices

Contract Duration: 60 Months mailto:mark.riesett@maryland.gov

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Project Location: 9758 Ocean Gateway, Berlin, MD 21811

SBR Designation: N/A

Federal Funding: N/A

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TABLE OF CONTENTS – RFP

1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition - Reserved

3.3 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 Experience and Personnel

3.10 Substitution of Personnel

3.11 Minority Business Enterprise (MBE) Reports

3.12 Veteran Small Business Enterprise (VSBE) Reports

3.13 Work Orders

3.14 Additional Clauses

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.2 Letter of Interest

4.3 eMaryland Marketplace Advantage (eMMA)

4.4 Questions

4.5 Procurement Method

4.6 Proposal Due (Closing) Date and Time

4.7 Multiple or Alternate Proposals

4.8 Economy of Preparation

4.9 Public Information Act Notice

4.10 Award Basis

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4.11 Oral Presentation

4.12 Duration of Proposal

4.13 Revisions to the RFP

4.14 Cancellations

4.15 Incurred Expenses

4.16 Protest/Disputes

4.17 Offeror Responsibilities

4.18 Acceptance of Terms and Conditions

4.19 Proposal Affidavit

4.20 Contract Affidavit

4.21 Compliance with Laws/Arrearages

4.22 Verification of Registration and Tax Payment

4.23 False Statements

4.24 Payments by Electronic Funds Transfer

4.25 Prompt Payment Policy

4.26 Electronic Procurements Authorized

4.27 MBE Participation Goal

4.28 VSBE Goal

4.29 Living Wage Requirements

4.30 Federal Funding Acknowledgement

4.31 Conflict of Interest Affidavit and Disclosure

4.32 Non-Disclosure Agreement

4.33 HIPAA - Business Associate Agreement

4.34 Nonvisual Access

4.35 Mercury and Products That Contain Mercury

4.36 Location of the Performance of Services Disclosure

4.37 Department of Human Services (DHS) Hiring Agreement

4.38 Small Business Reserve (SBR) Procurement

4.39 Maryland Healthy Working Families Act Requirements

5 Proposal Format

5.1 Two Part Submission

5.2 Proposal Delivery and Packaging

5.3 Volume I - Technical Proposal

5.4 Volume II – Financial Proposal

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6 Evaluation and Selection Process

6.1 Evaluation Committee

6.2 Technical Proposal Evaluation Criteria

6.3 Financial Proposal Evaluation Criteria

6.4 Reciprocal Preference

6.5 Selection Procedures

6.6 Documents Required upon Notice of Recommendation for Contract Award

7 RFP ATTACHMENTS AND APPENDICES

Attachment A. Pre-Proposal Conference Response Form

Attachment B. Financial Proposal Instructions

Attachment C. Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

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

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

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Service Disclosure

Attachment M Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix 2. – Offeror Information Sheet

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1 Minimum Qualifications

1.1 Offeror Minimum Qualifications

A) The Offeror must have a minimum of two (2) principals. In the event that a firm does not have two principals, as in the case of a sole proprietorship, the firm must satisfy the State of its ability or contingency plan in the event of the unavailability of the named principal. The documentation supporting the necessary proof must be attached to Organizational Chart in the firm's team data submission. Only the information that is submitted with the proposal will be considered in determining whether the firm with less than the required number of principals provides satisfactory protection to the State against possible delays in the project due to absence of the designated principal or principals.

B) The Offeror must have a Maryland resident agent or Maryland representation.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Department of General Services (DGS or the "Department") is issuing this Request for Proposals (RFP) in order to obtain professional services to provide Design of the New Barrack, Garage, and Forensic Lab.

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

2.1.3 The Department intends to make a single award as a result of this RFP. See

RFP Section 4.10 Award Basis for more Contract award information.

2.1.4 An Offeror, 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 Offeror (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)(5)(i) and not-for-profit entities within the State of Maryland may NOT purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State.

2.2 Background and Purpose

The Design of the New State Police Barrack, Garage and Forensic Laboratory in Berlin Maryland is a full scope design contract which includes the complete design and creation of thorough construction bid documents for the demolition and construction of the new facilities at the current location of 9758 Ocean

Gateway, Berlin, MD as per the attached Part II Program.

The selected offeror will provide design services as required to implement the design program as per the

DGS Procedures Manual. The Barracks project includes site work, utility work, design and engineering, creation of construction bid documents, participation in the bidding process; presence at bi-weekly construction progress meetings and limited participation at warranty meetings held at 6, 12, and 23 months after “Substantial Completion” of the project. The anticipated duration of services to be provided under this contract is as follows: Design/Construction Documents – 12 months; Bidding – 4 Months;

Construction – 20 Months; and Warranty (limited participation) – 24 months for an estimated total of 60 months.

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3 Contractor Requirements: General

3.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS RFP.

3.2 End of Contract Transition - Reserved

3.3 Invoicing

3.3.1 General

A. The Contractor shall send the original of each invoice and signed authorization to invoice to the Project Manager.

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

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR

21.06.09.01 and .02) 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.

D. 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.

E. The Department reserves the right to reduce or withhold Contract payment in the event the

Contractor does not provide the Department 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.

F. Any action on the part of the Department, 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.

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G. 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.

H. 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

I. The Contractor shall submit invoices in accordance with agreed upon schedule.

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 RFP.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Attachment M.

3.4.2 Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS RFP.

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:

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A. Commercial General Liability - of $2,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $5,000,000 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 - $2,000,000 per combined single limit per claim and $3,000,000 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. 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.

D. 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 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 Project

Manager.

3.5.6 Subcontractor Insurance

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

Failure to comply with the insurance requirement will result in the Proposal to be deemed not susceptible for award.

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 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 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 enters 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 controls 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.

3.7 Problem Escalation Procedure

3.7.1 The Contractor, when requested, must provide and maintain a Problem

Escalation Procedure (PEP) for both routine and emergency situations. The

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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 Project Manager, as well as to other State personnel as directed should the Project Manager not be available.

3.7.3 The Contractor must provide the PEP no later than ten (10) Business Days after notice of recommended award. 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 Project Manager of any changes to the PEP.

3.7.4 Nothing in this section shall be construed to limit any rights of the Project

Manager 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 Experience and Personnel

Please refer to Section 5.3 for information regarding Key Personnel requirements.

3.10 Substitution of Personnel

3.10.1 Continuous Performance of Key Personnel

When Key Personnel are identified for the Contract, the following apply:

A. Key Personnel shall be available to perform Contract requirements as of the NTP Date.

Unless explicitly authorized by the Project Manager or specified in the Contract, Key

Personnel shall be assigned to the State of Maryland as a dedicated resource.

A. Key Personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key Personnel may not be removed by the

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Contractor from working under the Contract without the prior written approval of the Project

Manager.

B. The provisions of this section apply to Key Personnel identified in any Task Order proposal and agreement, if issued, and any Work Order Request and Work Order, if issued.

3.10.2 Definitions

For the purposes of this section, the following definitions apply:

A. Extraordinary Personal Event – means any of: leave under the Family Medical Leave Act;

an Incapacitating injury or Incapacitating illness; or other circumstances that in the sole discretion of the State warrant an extended leave of absence, such as extended jury duty or extended military service that precludes the individual from performing his/her job duties under the Contract.

B. Incapacitating – means any health circumstance that substantially impairs the ability of an individual to perform the job duties described for that individual’s position in the RFP or the

Contractor’s Technical Proposal.

3.10.3 Contractor Personnel General Substitution Provisions

The following provisions apply to all of the circumstances of Contractor Personnel substitution described in Section 3.10.4.

A. The Contractor shall demonstrate to the Project Manager’s satisfaction that the proposed substitute has qualifications at least equal to those of the Contractor Personnel proposed to be replaced.

B. The Contractor shall provide the Project Manager with a substitution request that shall include:

1) A detailed explanation of the reason(s) for the substitution request;

2) The resume of the proposed substitute, signed by the substituting individual and his/her formal supervisor;

3) The official resume of the current personnel for comparison purposes; and

4) Evidence of any required credentials.

C. The Project Manager may request additional information concerning the proposed substitution and may interview the proposed substitute personnel prior to deciding whether to approve the substitution request.

D. The Project Manager will notify the Contractor in writing of: (i) the acceptance or denial, or

(ii) contingent or temporary approval for a specified time limit, of the requested substitution.

The Project Manager will not unreasonably withhold approval of a proposed Contractor

Personnel replacement.

3.10.4 Replacement Circumstances

A. Directed Personnel Replacement

1) The Project Manager may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Project Manager, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law, Department policies, or Contract requirements. Normally, a directed personnel

RFP for Maryland Department of General Services Page 9 of 64 replacement will occur only after prior notification of problems with requested remediation, as described in paragraph 3.10.4.

2) If deemed appropriate in the discretion of the Project Manager, the Project Manager may give written notice of any Contractor Personnel performance issues to the

Contractor, describing the problem and delineating the remediation requirement(s).

The Contractor shall provide a written response to the remediation requirements in a

Remediation Plan within ten (10) days of the date of the notice and shall immediately implement the Remediation Plan upon written acceptance by the Project Manager. If the Project Manager rejects the Remediation Plan, the

Contractor shall revise and resubmit the plan to the Project Manager within five (5) days, or in the timeframe set forth by the Project Manager in writing.

3) Should performance issues persist despite an approved Remediation Plan, the

Project Manager may give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the substitution of Contractor Personnel whose performance is at issue with a qualified substitute, including requiring the immediate removal of the Contractor Personnel at issue.

4) Replacement or substitution of Contractor Personnel under this section 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.

5) If the Project Manager determines to direct substitution under 3.10.4, if at all possible, at least fifteen (15) days advance notice shall be given to the Contractor.

However, if the Project Manager deems it necessary and in the State’s best interests to remove the Contractor Personnel with less than fifteen (15) days’ notice, the

Project Manager may direct the removal in a timeframe of less than fifteen (15) days, including immediate removal.

6) In circumstances of directed removal, the Contractor shall, in accordance with paragraph 3.10.4 of this section, provide a suitable replacement for approval within fifteen (15) days of the notification of the need for removal, or the actual removal, whichever occurs first.

B. Key Personnel Replacement

1) To replace any Key Personnel in a circumstance other than as described in 3.10.4.A, including transfers and promotions, the Contractor shall submit a substitution request as described in Section 3.10.4 to the Project Manager at least fifteen (15) days prior to the intended date of change. A substitution may not occur unless and until the Project

Manager approves the substitution in writing.

2) Key Personnel Replacement Due to Sudden Vacancy

a) The Contractor shall replace Key Personnel whenever a sudden vacancy occurs (e.g., Extraordinary Personal Event, death, resignation, termination).

A termination or resignation with thirty (30) days or more advance notice shall be treated as a replacement under Section 3.10.4.A.1.

b) Under any of the circumstances set forth in this paragraph B, the Contractor shall identify a suitable replacement and provide the same information and items required under Section 3.10.3 within fifteen (15) days of the actual vacancy occurrence or from when the Contractor first knew or should have known that the vacancy would be occurring, whichever is earlier.

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3) Key Personnel Replacement Due to an Indeterminate Absence

a) If any Key Personnel has been absent from his/her job for a period of ten (10) days and it is not known or reasonably anticipated that the individual will be returning to work within the next twenty (20) days to fully resume all job duties, before the 25th day of continuous absence, the Contractor shall identify a suitable replacement and provide the same information and items to the Project Manager as required under Section 3.10.3.

b) However, if this person is available to return to work and fully perform all job duties before a replacement has been authorized by the Project Manager the Project Manager may, at his/her sole discretion, authorize the original personnel to continue to work under the Contract, or authorize the replacement personnel to replace the original personnel, notwithstanding the original personnel’s ability to return.

3.10.5 Substitution Prior to and Within 30 Days after Contract Execution

Prior to Contract execution or within thirty (30) days after Contract execution, the Offeror may not substitute proposed Key Personnel except under the following circumstances (a) for actual full-time personnel employed directly by the Offeror: the vacancy occurs due to the sudden termination, resignation, or approved leave of absence due to an Extraordinary Personal Event, or the death of such personnel; and (b) for any temporary staff, subcontractors or 1099 contractors:

the vacancy occurs due to an Incapacitating event or the death of such personnel. To qualify for such substitution, the Offeror must demonstrate to the State's satisfaction the event necessitating substitution. Proposed substitutions shall be of equal caliber or higher, in the State's sole discretion. Proposed substitutes deemed by the State to be less qualified than the originally proposed individual may be grounds for pre-award disqualification or post-award termination.

3.11 Minority Business Enterprise (MBE) Reports

If this solicitation includes an MBE Goal (see Section 4.26), the Contractor shall:

A. Submit the following reports by the 10th of each month to the Project Manager and the

Department’s MBE Liaison Officer:

1) A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D-4A) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and

2) (If Applicable) An MBE Prime Contractor Report (Attachment D-4B) identifying an MBE prime’s self-performing work to be counted towards the MBE participation goals.

B. Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment D-

5) by the 10th of each month to the Project Manager and the Department’s MBE Liaison

Officer that identifies the Contract and lists all payments to the MBE subcontractor received from the Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amounts of those invoices.

C. Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, type of work performed by each, and actual dollar value of work performed. Subcontract agreements documenting the work performed by all

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MBE participants must be retained by the Contractor and furnished to the Procurement

Officer on request.

D. Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the MBE participation obligations. Contractor must retain all records concerning MBE participation and make them available for State inspection for three years after final completion of the Contract.

E. Upon completion of the Contract and before final payment and release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.

3.12 Veteran Small Business Enterprise (VSBE) Reports

If this solicitation includes a VSBE Goal (see Section 4.27), the Contractor shall:

A. Submit the following reports by the 10th of the month following the reporting period to the

Project Manager and the Department VSBE representative:

1) VSBE Participation Prime Contractor Paid/Unpaid VSBE Invoice Report

(Attachment E-3) listing any unpaid invoices, over 45 days old, received from any

VSBE subcontractor, the amount of each invoice and the reason payment has not been made; and

2) Attachment E-4, the VSBE Participation Subcontractor Paid/Unpaid VSBE Invoice

Report by the 10th of the month following the reporting period to the Project

Manager and the VSBE Liaison Officer.

B. Include in its agreements with its VSBE subcontractors a requirement that those subcontractors submit monthly by the 10th of the month following the reporting period to the Project Manager and Department VSBE representative a report that identifies the prime contract and lists all payments received from Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amount of those invoices (Attachment

E-4).

C. Maintain such records as are necessary to confirm compliance with its VSBE participation obligations. These records must indicate the identity of VSBE and non-VSBE subcontractors employed on the contract, the type of work performed by each, and the actual dollar value of work performed. The subcontract agreement documenting the work performed by all VSBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

D. Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the VSBE participation obligations. The Contractor must retain all records concerning

VSBE participation and make them available for State inspection for three years after final completion of the Contract.

E. At the option of the Department, upon completion of the Contract and before final payment and release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from VSBE subcontractors.

3.13 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS RFP.

RFP for Maryland Department of General Services Page 12 of 64

3.14 Additional Clauses

3.14.1 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.

RFP for Maryland Department of General Services Page 13 of 64

4 Procurement Instructions

4.1 Pre-Proposal Conference

4.1.1 A pre-Proposal 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 recommended. All interested parties must attend in order to facilitate better preparation of their Proposals. If the solicitation includes an MBE goal, failure to attend the Conference will be taken into consideration as part of the evaluation of an Offeror’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-Proposal 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 Department will make a reasonable effort to provide such special accommodation.

4.2 Letter of Interest

THIS SECTION IS INAPPLICABLE TO THIS RFP.

4.3 eMaryland Marketplace Advantage (eMMA)

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

4.3.2 In order to receive a contract award, a vendor must be registered on eMMA.

Registration is free. Go to https://emma.maryland.gov, click on “New Vendor?

Register Now” to begin the process, and then follow the prompts.

4.3.3 PROPOSALS FOR THIS SOLICITATION WILL ONLY BE

RECEIVED THROUGH eMARYLAND MARKETPLACE

ADVANTAGE. NO PAPER PROPOSALS WILL BE ACCEPTED.

RFP for Maryland Department of General Services Page 14 of 64

4.4 Questions

4.4.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (PV-975-200-001 - Barrack V – Berlin Replacement), and shall be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified the Key Information Summary Sheet. The Procurement

Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Proposal due date.

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

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

4.5 Procurement Method

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

COMAR 21.05.03 & 21.12.02.

4.6 Proposal Due (Closing) Date and Time

4.6.1 Proposals, in the form set forth in Section 5 Proposal Format, must be received in eMMA no later than the Proposal due date and time indicated on the Key Information Summary Sheet in order to be considered.

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

4.6.3 Offerors submitting Proposals should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR

21.05.03.02.F and 21.05.02.10, Proposals received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.6.4 Proposals 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 Proposals.

4.6.5 Proposals may not be submitted by paper submission, e-mail or facsimile.

Proposals will not be opened publicly.

4.6.6 Potential Offerors not responding to this solicitation are requested to submit the

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

4.7 Multiple or Alternate Proposals

Multiple or alternate Proposals will not be accepted.

4.8 Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise description of the Offeror’s Proposal to meet the requirements of this RFP.

RFP for Maryland Department of General Services Page 15 of 64

4.9 Public Information Act Notice

4.9.1 The Offeror should give specific attention to the clear identification of those portions of its Proposal 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 (See also

RFP Section 5.3.2.B “Claim of Confidentiality”). This information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal and if applicable, separately in the Financial Proposal.

4.9.2 Offerors are advised that, upon request for this information from a third party, the Procurement Officer is required to make an independent determination whether the information must be disclosed.

4.10 Award Basis

A Contract shall be awarded to the responsible Offeror(s) submitting the Proposal that has been determined to be the most advantageous to the State, considering price and evaluation factors set forth in this RFP (see COMAR 21.05.03.03F), for providing the goods and services as specified in this RFP and qualified with a ranking of 85% or higher. See RFP Section 6 for further award information.

4.11 Oral Presentation

There is no Oral Presentation required for this procurement.

4.12 Duration of Proposal

Proposals submitted in response to this RFP are irrevocable for the latest of the following: 120 days following the Proposal due date and time, best and final offers if requested (see Section 6.5.2), or the date any protest concerning this RFP is finally resolved. This period may be extended at the

Procurement Officer’s request only with the Offeror’s written agreement.

4.13 Revisions to the RFP

4.13.1 If the RFP is revised before the due date for Proposals, the Department shall post any addenda to the RFP on eMMA and shall endeavor to provide such addenda to all prospective Offerors that were sent this RFP or are otherwise known by the Procurement Officer to have obtained this RFP. It remains the responsibility of all prospective Offerors to check eMMA for any addenda issued prior to the submission of Proposals.

4.13.2 Acknowledgment of the receipt of all addenda to this RFP issued before the

Proposal due date shall be included in the Transmittal Letter accompanying the

Offeror’s Technical Proposal.

4.13.3 Addenda made after the due date for Proposals will be sent only to those

Offerors that remain under award consideration as of the issuance date of the addenda.

4.13.4 Acknowledgement of the receipt of addenda to the RFP issued after the

Proposal due date shall be in the manner specified in the addendum notice.

RFP for Maryland Department of General Services Page 16 of 64

4.13.5 Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Proposal to be deemed not reasonably susceptible of being selected for award.

4.14 Cancellations

4.14.1 The State reserves the right to cancel this RFP, accept or reject any and all

Proposals, in whole or in part, received in response to this RFP, waive or permit the cure of minor irregularities, and conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of the State.

4.14.2 The State reserves the right, in its sole discretion, to award a Contract based upon the written Proposals received without discussions or negotiations.

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

4.14.4 If the services that are the subject of the RFP are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the RFP may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-

207(b)(2).

4.15 Incurred Expenses

The State will not be responsible for any costs incurred by any Offeror in preparing and submitting a

Proposal, in making an oral presentation, providing a demonstration, or performing any other activities related to submitting a Proposal in response to this solicitation.

4.16 Protest/Disputes

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

4.17 Offeror Responsibilities

4.17.1 Offerors must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Offeror shall be responsible for Contract performance including any subcontractor participation.

4.17.2 All subcontractors shall be identified and a complete description of their role relative to the Proposal shall be included in the Offeror’s Proposal. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this RFP (see Section 4.27 “Minority

Participation Goal” and Section 4.28 “VSBE Goal”).

4.17.3 If the Offeror is the subsidiary of another entity, all information submitted by the Offeror, including but not limited to references, financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit)

RFP for Maryland Department of General Services Page 17 of 64 used to meet minimum qualifications, if any, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Offeror’s Proposal shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.17.4 A parental guarantee of the performance of the Offeror under this Section will not automatically result in crediting the Offeror with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual

Offeror’s experience and qualifications. Instead, the Offeror will be evaluated on the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Offeror, any stated intent by the parent to be directly involved in the performance of the

Contract, and the value of the parent’s participation as determined by the State.

4.18 Acceptance of Terms and Conditions

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, shall be deemed to have accepted the terms and conditions of this RFP and the Contract, attached hereto as Attachment M.

Any exceptions to this RFP or the Contract shall be clearly identified in the Executive Summary…