1-Year HVAC Maint/Repair services

Solicitation #: QAHVAC28SB IFB Document

IFB for MDOT SHA – Centreville Shop Page 1 of 23

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

SHA

INVITATION FOR BIDS (IFB)

1-YEAR HVAC SYSTEMS MAINT/REPAIR SERVICES

IFB NUMBER QAHVAC28SB

ISSUE DATE: 9/28/2026

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 business vendors. Only businesses that meet the statutory requirements set forth in State Finance and

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

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

Program are eligible for award of a contract. 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 GOSBA as a 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.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

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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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Maintenance – 1-Year HVAC Systems maint/repair services.

Solicitation

Number:

QAHVAC28SB

IFB Issue Date: 9/28/2026

IFB Issuing

Office:

MDOT SHA - Centreville

Procurement

Officer:

Keith Rhodes

111 Safety Dr. Centreville, MD 21617

Email:

Phone Number:

krhodes@mdot.maryland.gov

410-758-0700

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

QAHVAC28SB

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

Pre-Bid

Conference:

N/A

Scheduled Site

Visit N/A

Questions Due

Date and Time:

10/8/2026 at 1PM Local Time

Bid Due (Closing)

Date and Time:

10/9/2026 at 1PM Local Time

Public Bid

Opening Date, Time, and

Location

10/9/2026 at 1PM Local Time

Microsoft Teams meeting

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Meeting ID: 280 262 411 301 514

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IFB for MDOT SHA – Centreville Shop Page 3 of 23

Need help? | System reference

Dial in by phone

+1 667-262-2962,,980684230# United States, Baltimore

Find a local number

Phone conference ID: 980 684 230#

MBE/DBE

Subcontracting

Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged

Business Enterprise (DBE) subcontract participation goal of zero percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

VSBE

Subcontracting

Goal:

This solicitation includes a VSBE participation Goal of zero percent.

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: Fixed Price

Contract

Duration:

1- Calendar Year

Primary Place of

Performance:

Centreville Shop – 111 Safety Dr. Centreville, MD 21617

Stevensville Shop – 334 State St. Stevensville, MD 21666

SBR Designation: Yes

Federal Funding: No https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTllNTcxN2UtM2MyNy00NTA0LWI3ZDMtNTViMGMyNzNlNmRl%40thread.v2/0?context=%7b%22Tid%22%3a%22b38cd27c-57ca-4597-be28-22df43dd47f1%22%2c%22Oid%22%3a%22a50dd5e7-31f0-4b3a-950f-d2e7e204602d%22%7d tel:+16672622962,,980684230 https://dialin.teams.cloud.microsoft/bf475622-ba25-438e-9483-abd330e2c794?id=980684230

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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:

1) An HVACR Master Unrestricted Contractor’s license and insured to perform work in the State of Maryland, that is directly employed or has ownership share of the company.

2) The Contractor shall be capable of providing a minimum of two employees, if needed, who hold a current HVACR Master license or a Maryland Journeyman

Unrestricted License; One of the two employees shall have a universal or Type 2 and Type 3 EPA Section 608 Technician Certification. Provide documentation of certification with the Experience and Equipment Statement.

3) Recovery equipment shall be AHRI/UL certified self contained refrigerant recovery/recycling equipment. Provide documentation of certification and equipment owned with the Experience and Equipment Statement.

4) Minimum of 5 years of commercial HVAC service experience. Contractor shall provide documentation of license and commercial experience for technicians when requested by the Administration.

5) 24 Hours Emergency Service

6) The following IN-HOUSE capabilities: Refrigeration/ AC, sheet metal;

Temperature Controls, Steam fittings; Spilt System; Rooftop heating and AC up to 75 Tons; Chillers; Boilers, Mini Split systems.

7) A well stocked vehicle that is properly equipped, including but not limited to all materials, equipment, tools, and incidentals to perform all phases of the required work.

8) The Contractor shall submit "Attachment E Reference Checks" with three or more references filled out and Equipment Statement, the name, address, telephone number and point-of-contact of at least three firms, for which the bidder provided commercial HVAC services within the preceding

24 months. References may be checked prior to award. Any negative responses received may result in disqualification of the bid.

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THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

PROJECT DESCRIPTION

This open-ended, on-call Contract consists of services for the Administration’s Heating Ventilation and

Air Condition (HVAC) systems to include quarterly preventative maintenance (PM) services, seasonal with quarterly PM services, non-emergency call-in work, and emergency call-in work at various locations.

The limits of this Contract work may extend to the other Facilities in this District, should extenuating circumstances dictate the need.

Contractor may be required to participate in diagnostic assessments for any Administration Facility throughout the state of Maryland as described elsewhere.

Services will include a comprehensive system, inspection, repair, and emergency service program, regardless of the make, age, or model.

This work includes all labor, materials, parts, service and transportation to ensure the satisfactory performance and efficient operations of the heating, ventilation and air conditioning equipment along with all supporting systems associated to its performance. The Contractor shall inspect and provide service to all systems equipment in accordance with the manufacturers’ recommendations unless otherwise specified in these Contract Documents. Contractor shall consider all equipment in its existing condition and that no adjustments will be made after the award of the Contract. The Administration reserves the right to upgrade, replace, add and/or abandon equipment as needed. The Contractor agrees to perform services scoped in this Contract to all added equipment at the contractual price bid at the time of award.

This is a non-exclusive Contract. It does not include all work expected to be performed in the designated areas. Therefore, at times, other Contractors may be performing similar work that is not associated with this Contract.

SPECIFICATIONS

All work on this project shall conform to the Maryland Department of Transportation, State Highway

Administration's Specifications entitled, "Standard Specifications for Construction and Materials Book"

(see the “Notice to Contractor” following this Project Description for information on the applicable version for this Contract) revisions thereof, or additions thereto; the International Mechanical Code; the

National Electrical Code; SMACNA, (Sheet Metal & Air Conditioning Contractors National Assoc., Inc.)

Code; as applicable to State buildings thereof, or additions thereto; and the Special Provisions included in this Invitation for Bids.

In case of a discrepancy between the Special Provisions and all other provisions contained in the

Contract, the Engineer will be the sole authority as to the proper procedure to follow.

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EMPLOYMENT AGENCY

The Maryland Department of Labor, Licensing & Regulation (DLLR), Division of Employment &

Training can be found on the Web at: http://www.dllr.state.md.us/county.

TERM OF CONTRACT

If monies remain in this Contract and if work remains to be performed beyond the aforesaid completion date, the Administration may extend, at their discretion, the completion date to allow the unfinished work to be completed.

If the Administration desires and authorizes an extension to the completion date, a change order will be issued. The criteria for the extension must comply with the guidelines established in the Board of Public

Works Advisory No. 1995-1, 6th Revision, effective December 15, 2011. If this Contract is extended, the terms, conditions and covenants set forth herein shall remain in full force and effect.

The Administration reserves the right to terminate this Contract at any time without prior notice should circumstances dictate it be in the best interest of the appointing authority.

BONDING AND INSURANCE

Bonding will not be required on this Contract. Any reference to Bonding in the Contract Documents will not apply

Property damage, liability and workmen’s compensation insurance premium, unemployment insurance contributions, social security, supervision and other costs for which no specific allowance is herein provided will not be measured for payment, but will be incidental to the pay items listed in the Schedule of Prices.

WORKING HOURS

Except for emergency service, all on-site work will be performed between the standard business hours of

6:30AM and 3:00PM, Monday through Friday, no work will be performed on Saturdays, Sundays, or

Legal State Holidays without prior approval by the Engineer. Work performed outside of the standard business hours can be arranged with preapproval of the Engineer if requested by the Contractor or could be requested by the Engineer on a case by case basis. the Non-emergency Call-in rates could be applicable but only if preapproved by the Engineer. Non-emergency call-in labor rates will apply to non-emergency repairs. Overtime for labor in excess of eight hours in one calendar day for Non-emergency

Call-ins and Emergency Call-ins, must be pre-approved by the Engineer and will be paid at 1.5 times the applicable labor rate bid in the Schedule of Prices.

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PREAPPROVAL OF WORK

Any work performed outside the Scope of Work described in these Contract Documents, including emergency work, will not be paid if not pre-approved by the Engineer.

TRAVEL TIME

Travel time to and from the work location is considered incidental to the other pay items and no compensation will be authorized unless otherwise specified.

CONTROL SYSTEMS

There are existing HVAC building automation systems located as noted below that are not part of this

Contract. Troubleshooting assistance shall be scheduled as needed for emergency and non-emergency repair calls.

Should it be necessary to make changes to the programming of the HVAC control systems, authorization must be first attained in writing from the Administration’s Office of Maintenance – Facilities

Management Division’s (FMD) Division Chief or the Assistant Division Chief – Maintenance if unavailable.

PREVENTATIVE MAINTENANCE

All Preventative Maintenance (PM) work shall be performed by the direct on-site supervision of a

Journeyman Technician with no less than five years of commercial experience in the trade. Preventative

Maintenance Services shall be scheduled by the Contractor in accordance with the outlined checklists included in these Contract Documents. It is the expectation of the Administration that all required parts and supplies needed to perform these services be brought with the Journeyman Technician to the work location.

Time away from the job will not be paid. This includes but is not limited to “parts and supply” runs, lunch or any other circumstance which may pull the Contractor away from the work location. Unless otherwise directed and/or approved by the Engineer.

NON-EMERGENCY SERVICE WORK

All non-emergency work shall be performed by a Journeyman Technician or a licensed Master

Technician with no less than five years of commercial experience in the trade. Contractor shall contact the

Engineer within 24 hours of notification of non-emergency work requests to schedule a work date within the following two weeks.

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Time away from the job will not be paid. This includes but is not limited to “parts and supply” runs, lunch or any other circumstance which may pull the Contractor away from the work location. Unless otherwise directed and/or approved by the Engineer.

EMERGENCY SERVICE WORK

This Contract requires the Contractor be on call 24 hours a day, 7 days a week and 365 days a year for

Emergency Service. The Contractor’s on-site response to a call for emergency service shall be within

Four hours after he/she has verbally received and confirmed the call from the Engineer. Should the

Contractor respond on site within one hour of the initial call, payment will be made from the timing of the call. Payment for responding on site after one hour will be from the arrival time. Failure to respond within this time frame may result in termination of the Contract. If an emergency call is made and inspection does not reveal any defect for which the Contractor is liable, the Administration will pay regular prevailing charges for the visit. An emergency is defined as a sudden occurrence that would impact employee safety, such as boiler shutdown or a significant leak that results in the loss of ability to heat an occupied area with outside temperature below 50 degrees F, loss of ability to heat an unoccupied area with outside temperature below 35 degrees F, loss of ability to cool office area with outside temperature above 80 degrees F.

Work and PM’s are to be done on a time and material basis utilizing the hourly rates and bid items included in the Schedule of Prices. Emergency service work shall be performed by a licensed Master

Technician or under the direct on-site supervision of a licensed Master Technician.

Time away from the job for “Parts Runs” can be paid when preapproved by the Engineer.

COMMUNICATION

The Contractor shall supply the Administration with adequate and reliable forms of communication to include but is not limited to cell phone number, home phone number, numbers to reach additional management team members in which someone can be reached 24 hours a day, 7 days a week and 365 days a year. It is imperative that the Contractor understand the importance of timely communication considering the emergency aspect of this Contract. The Administration shall be notified of any changes in contact numbers as soon as possible.

SUBMITTALS

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Prior to the start of work on this Contract, the Contractor shall submit a certificate of insurance indicating that he carries third party legal insurance, comprehensive general public liability and property damage insurance as specified in GP-7.14 and TC-5.01.

REPORTING FOR WORK

The Contractor shall sign in and sign out at the administrative office of the facility when reporting for work and when leaving. When signing out the Contractor must present a Daily Report detailing the work performed that day. This document will become part of the inspector’s records and used when verifying payment.

ACCEPTANCE OF WORK

The Engineer or his representative will inspect all work performed and be the final judge in determining if the work has been performed correctly and completely. All unsatisfactory findings shall have a corrective action within a 48 hour period. All temporary repairs shall be corrected within a 30 day period.

GENERAL ISSUES

The Contractor is encouraged to make arrangements to inspect the equipment/systems at the facilities

Shop Address prior to preparing his bid, by emailing a request to Shop Info. Any failure to acquaint oneself with the existing equipment/systems may not relieve one from the responsibility for estimating properly.

All planned/preventative maintenance shall be performed by a journeyman technician or above.

Contractor shall maintain detailed service logs/tickets on the performance of equipment at the site.

Service logs/tickets shall include the date of inspection, all actual readings and the complete listing of all work preformed and service finished including temperature measurements and test results.

Contractor shall update service logs/tickets at the conclusion of each visit and submit them along with completed checklists to the Engineer.

All work shall conform to Federal, State, county and local codes, rules and regulations. The Contractor shall be responsible for obtaining all necessary permits before any work is started.

The Contractor must meet Federal EPA, OSHA, and MDE guidelines regarding the performance of work and the proper handling and disposal of waste and or contaminated materials. The Administration will not receive any materials, products, or chemicals which may be hazardous to an employee’s health unless, upon receipt of these items, they are accompanied by a Material Safety Data Sheet.

EQUIPMENT CHECKLIST

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Equipment Checklists list found in these Contract Documents outline the services required in the standard

Quarterly PM Service and the Seasonal (including Quarterly) PM Services.

QUARTERLY PREVENTATIVE MAINTENANCE

Quarterly Preventative Maintenance services shall be done in the months of January and July.The State shall pay all parts expense, including those required for the preventive maintenance services

SEASONAL WITH QUARTERLY PM SERVICES

Seasonal with Quarterly PM services shall be done in the months of April and October.

The State shall pay all parts expense, including those required for the preventive maintenance services.

ADDITIONAL COIL CLEANINGS

Additional Coil Cleanings may be done in the months of May, June, August, and September at locations listed.

MAN HOURS FOR NON-EMERGENCY CALL-IN

Bid items have been established for hours for Non-emergency Call-in. The hourly rate shall include all tools and equipment necessary to perform the work.

MAN HOURS FOR EMERGENCY CALL-IN

Bid items have been established for hours for Emergency Call-in.

DIAGNOSTIC ASSESSMENTS

Another component of this Contract is to perform diagnostic assessments on units and systems such as described in this Contract or to assess a project scope and make recommendations on how to best mitigate an issue on equipment in other Facilities outside of this Contract. These services can be requested for any

Administration location in the state of Maryland based on the needs of the Administration.

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MATERIALS FOR REPAIRS

The item “MATERIALS FOR REPAIRS ALLOWANCE” has been established for the payment of any necessary materials/parts not listed in the Contract schedule of prices. The value of this item has been pre-established, and shall not be altered, but shall be included in the total bid. The value of this item is estimated and there is no guarantee that any or this entire item will be used during the term of the

Contract. Payment for materials/parts will be for the actual cost of the materials/parts delivered for the work including tax and transportation charges paid by the Contractor.

In addition, the Contractor will be allowed the percentage of the actual cost of materials/pats, tax, and applicable transportation costs, established by the bid item for “MATERIALS MARK-UP

PERCENTAGE” The bid price for this item shall not exceed a maximum of $0.10 on the dollar. IF THE

CONTRACTOR’S BID FOR MATERIALS MARK-UP PERCENTAGE EXCEEDS THIS MAXIMUM,

THE BID WILL BE CONSIDERED NON-RESPONSIVE AND THE CONTRACTOR’S BID WILL BE

REJECTED.

The Contractor shall notify the Engineer, prior to proceeding with work, of purchasing any material/part that will be paid under the MATERIALS FOR REPAIR ALLOWANCE. The Administration reserves the right to purchase this material directly.

All qualifying materials/parts under this Contract shall be billed to the Administration at actual cost. A copy of the vendor’s source invoice(s) for all parts/ materials used for repair/ services must accompany his invoice in order to be reimbursed. Payments shall not be made for any materials/parts without the proper documentation attached to the vendor’s original invoice. For materials/parts accepted by the procurement officer and used on the job, the Contractor will receive the actual cost of such materials/parts including transportation charges. In addition to the actual cost of materials/parts and transportation charges, the Contractor will receive MATERIALS MARKUP PERCENTAGE bid price over the actual cost of approved to purchase materials/parts.

SALVAGED MATERIALS

All material salvaged from facility repairs or upgrades shall remain the property of the Administration and disposition will be at the discretion of the Engineer. Any material determined by the Engineer to have no salvage value shall be removed and disposed of by the Contractor at no additional cost.

LIST OF MAINTAINED EQUIPMENT

The Contractor shall furnish maintenance, necessary repairs and emergency service to the equipment listed as well all associated with this equipment see EQUIPMENT LISTS contained in these Contract

Documents.

EQUIPMENT

SERVICE VEHICLES: Shall be equipped with all tools, equipment and materials needed to fulfill the terms of this Contract for preventive maintenance and non-emergency service. No pay item has been

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SPECIALIZED EQUIPMENT: In cases where a piece of equipment is rented or leased by the Contractor from a third party, the actual invoiced amount will be paid when the rates are reasonably in line with established rental rates for the equipment in question and are approved by the Engineer.

THERE WILL BE NO MARK-UP ALLOWED ON SPECIALIZED EQUIPMENT.

Contractors who have subsidiary equipment rental companies may not rent equipment from those companies unless their prices are competitive with the prevailing equipment rental rates being paid in the area where the work is being performed. Should the Contractor desire to rent from his associated company, the Engineer may require the Contractor to provide documentation that the prices paid for the equipment rental are competitive with the equipment rental industry. This documentation shall include at least two other price quotations from two other rental companies. Until all documentation is presented to the Engineer and approved, no equipment shall be delivered to the job site.

Note: Excluded from specialized equipment are computer and software.

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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. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the _7__ business day of the month following the end of the invoice period.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 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 Payments by Electronic Funds Transfer

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

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Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s

Office grants an exemption. 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.

3.6 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”

Additional information is available on GOSBA’s website at:

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

3.7 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.

3.8 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/.

3.9 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.

https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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3.10 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:

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

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

B. 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.

3.10.2 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.

3.10.3 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.

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

3.10.5 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.

3.10.6 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.

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference

(Conference)summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. 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; 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.

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 to facilitate better preparation of their Bids.

To assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. 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. Reasonable efforts will be made to provide such special accommodation. If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.4 Questions

All questions, including concerns, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement

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

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

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

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

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

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

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder. Bids shall be opened publicly at the time, date and place designated in the Key

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

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the

Procurement Officer to have obtained this IFB. It is the responsibility of all prospective

Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

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

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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

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

21.01.03.01.A(4).

4.9.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

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4.10 Incurred Expenses

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

Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.11 Protest/Disputes

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

4.12 Bidder Responsibilities

4.12.1 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

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

Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.12.3 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 –

Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the

“Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the

Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

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

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

Contract award.

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4.15 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301

West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

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

4.16 False Statements

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

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

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

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

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

A person may not aid or conspire with another person to commit an act under this section. A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification for why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

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

4.18 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the

Procurement Officer will be considered acceptable as bid submission.

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

A Bidder shall include the following Attachments with its Bid as a single Bid Package:

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

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TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal

Affidavit.

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

B

The Price Form (as specified within eMMA)

Do not alter this Price Form or the Bid may be determined to be not responsive.

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

(See Appendix 2 for specific Price Form Instructions.)

C

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

Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

E

Reference Checks

(Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past five years) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

Additional Required Documents with the Bid

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in IFB Section 1. If references are required in IFB

Section 1, those references shall be included in Attachment E. Reference Checks.

Acknowledgement of all addenda to this IFB.

4.20 Bid Delivery Instructions

Each Bidder shall submit its Bid Package as specified below.

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

Bidders shall provide their Bids in one submission through eMMA following the Quick Reference https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/emma-qrgs/

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Guides (QRG) labeled…