Replace & Install Hot Water Heater Tank for MCI-W eMMA BPM055174.pdf

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STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY

CORRECTIONAL SERVICES

INVITATION FOR BIDS

FOR

Replacement and Installation of Hot Water Heater Tank for Maryland

Correctional Institution (MCI-W)

BPM055174

ISSUE DATE: 2/12/2026

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the 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 certified small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED

TO RESPOND TO THIS SOLICITATION

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

SP 07.2017

NOTICE TO VENDORS

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Sheet below for contact information).

Title: Replacement and Installation of Hot Water Heater Tank for Maryland Correctional Institution (MCI-W)

Solicitation No: BPM055174

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 of Maryland is simply too complicated. (Explain in REMARKS section.)

( ) We cannot be competitive. (Explain in REMARKS section.)

( ) Time allotted for completion of the Bid/Proposal is insufficient.

( ) Start-up time is insufficient.

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

( ) Bid/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: __________________________________________________________________________

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES

IFB KEY INFORMATION SUMMARY SHEET

Invitation For Bid:

Replacement and Installation of Hot Water Heater Tank for Maryland Correctional Institution (MCI-W)

IFB Issue Date:

2/12/2026

Solicitation No.:

Issuing Office: Maryland Department of Public Safety & Correctional Services Division of Capital Construction and Facilities Maintenance

Procurement Officer:

Rudi Rheams 443-467-2235 rudi.rheams@maryland.gov

Scheduled Site Visit February 18, 2026 at 10am Location: 7943 Bridge Road, Jessup, Maryland 20794 To attend the site visit please contact the Procurement Officer via e-mail at Rudi.Rheams@maryland.gov no later than Tuesday 3pm.

Bid Submittal:

Bid Due Date and Time:

Submit on emma.maryland.gov under Solicitation Number BPM055174 To submit a bid, bidders must first register on www.emma.maryland.gov.

We recommend registering in advance to become acquainted with the site.

February 23, 2026 at 2pm

Delivery Address:

All bids are to be submitted through eMMA under eMMA solicitation no.:

SBR Designated:

Yes

ALL INQUIRIES PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED TO

THE PROCUREMENT OFFICER IDENTIFIED ABOVE.

mailto:rudi.rheams@maryland.gov mailto:Rudi.Rheams@maryland.gov http://www.emma.maryland.gov/

NOTICE TO BIDDERS

CERTIFIED SMALL BUSINESS

PROCUREMENT

This is a Certified Small Business procurement for which award is limited to certified small business vendors. Only businesses that meet the requirements set forth in State Finance and Procurement Article, §§14-501 - 14-505, Annotated Code of Maryland, and who are registered with the Department of General Services Certified Small Business Reserve Program are eligible for award.

For the purposes of a Certified Small Business procurement, the business is:

(a) a for profit enterprise;

(b) not a broker, as defined in COMAR 21.01.02.01B(13-1);

(c) independently owned and operated;

(d) Not a subsidiary of another business;

(e) Not dominant in its field of operation;

(f) With respect to employees, EITHER:

a. The wholesale operations of the Business did not employ more than 50 persons in its most recently completed three fiscal years;

b. The retail operations of the Business did not employ more than 25 persons in its most recently completed three fiscal years;

c. The manufacturing operations of the Business did not employ more than 100 persons in its most recently completed three fiscal years;

d. The service operations of the Business did not employ more than 100 persons in its most recently completed three fiscal years;

e. The construction operations of the Business did not employ more than 50 persons in its most recently completed three fiscal years; or

f. The architectural and engineering services of the business did not employ more than 100 persons in its most recently completed three fiscal years

(g) With respect to gross sales:

a. The gross sales of its wholesale operations of the business did not exceed an average of

$4,000,000 in its most recently completed three fiscal years;

b. The gross sales of its retail operations of the business did not exceed an average of

$3,000,000 in its most recently completed three fiscal years;

c. The gross sales of the manufacturing operations of the business did not exceed an average of $2,000,000 in its most recently completed three fiscal years;

d. The gross sales of the service operations of the business did not exceed an average of

$10,000,000 in its most recently completed three fiscal years;

e. The gross sales of the construction operations of the business did not exceed an average of $7,000,000 in its most recently completed three fiscal years; and

f. The gross sales of the architectural and engineering services of the business did not exceed an average of $4,500,000 in its most recently completed three fiscal years.

Note: If a business has not existed for three years, the employment and gross sales shall be the average(s) for each year or part of a year during which the business has been in existence.

Further information on the certification process is available at eMaryland Marketplace Advantage

SECTION 1 - SPECIFICATIONS

1.1 OBJECTIVE

The Maryland Department of Public Safety and Correctional Services (DPSCS or Department) is soliciting bids to procure the following:

Furnish all labor, materials, equipment, and services necessary to remove and replace one (1) existing leaking PVI hot water heater storage tank (1,250-gallon capacity), or an equivalent model, at the Maryland Correctional Institution for Women (MCIW), located at 7943 Bridge Road, Jessup, Maryland 20794.

1.2 BASIS OF AWARD

This procurement is being conducted under Small Procurement Regulations as set forth in Code of Maryland Regulations (COMAR) 21.05.07. The basis of award shall be the most favorable bid price.

In the event of tie bids, the provisions of COMAR 21.05.02.14 shall determine the successful bidder.

1.3 BID SUBMITTAL INFORMATION

All bids, affidavits, and/or responses to attachments shall be submitted through eMaryland Marketplace Advantage (eMMA) under the eMMA solicitation number listed on the Key Information Sheet. Bids shall be uploaded into eMMA by the due date and time for consideration.

Multiple or alternate bids will not be acceptable unless otherwise stated in the solicitation documents.

1.4 eMaryland MARKETPLACE Advantage

Each Bidder is requested to indicate its eMaryland Marketplace Advatange (eMMA) vendor number on the bid form at the time of its submission to this IFB.

In order to submit a bid and / or to receive a contract award, a vendor must be registered on eMMA.

Registration is free. Go to, https://emma.maryland.gov/ click on “Register” to begin the process, and then follow the prompts.

1.5 SCOPE OF WORK / DETAILED SPECIFICATIONS

The Department of Public Safety and Correctional Services – Facilities Management Division is requesting professional services to remove and replace a hot water heater tank located at Administration Building lower mechanical room. The contractor shall also remove any damaged piping connected to the boiler or storage tank. The contractor shall provide a crane to remove the demolished water heater and shall be responsible for proper disposal of the equipment.

1.5.1 The Contractor shall perform the following tasks in accordance with all local codes, safety standards, and DPSCS procedures:

a) Demolition and Removal

• Demolish and remove the existing leaking PVI hot water heater storage tank located in the Administration Building lower mechanical room.

https://emma.maryland.gov/

• Remove and dispose of any damaged or associated piping connected to the boiler and/or storage tank.

• Provide all rigging, hoisting, and crane services required to safely remove the demolished equipment.

• Ensure proper disposal of all removed equipment and materials in accordance with federal, State, and local regulations.

b) Site Preparation

• Prepare all piping, structural, and concrete areas necessary for installation of the new hot water heater storage tank.

• Verify existing conditions and coordinate field measurements prior to installation.

c) Installation and System Connections

• Furnish and install one (1) new hot water heater storage tank equivalent to the existing PVI unit, which has a storage capacity of 1,250 gallons, gas-fired operation, and designed for commercial use.

• The replacement tank shall be compatible with existing systems capacities and operating conditions, including but not limited to:

o Natural gas fuel type o Working pressure of approximately 125 PSI o Hydrostatic test pressure of approximately 188 PSI o Input capacity of approximately 1,000,000 BTU/hr o Operating temperature range consistent with existing system (40℉- 120℉ recovery or greater)

• Disconnect and reconnect all associated systems: including but not limited to:

o Cold Water Supply (CWS) o Hot Water Supply (HWS) o Flue piping o Gas piping o Tank and boiler piping o Electrical and control connections for necessary for operation

• Ensure all connections are leak-free, properly supported, and compliant with applicable codes and manufacturer requirements.

d) Startup and Training

• Coordinate factory startup of the new equipment with the manufacturer or authorized representative.

• Provide operational and basic maintenance training to DPSCS Maintenance staff.

• Ensure the system is fully operational prior to final acceptance.

e) Documentation and Closeout

• Provide all required documentation, including:

o Startup reports o As-built drawings or diagrams o Equipment cut sheets o Manufacturer warranties o Operation and maintenance manuals

• Submit all documentation in a format acceptable to the Department.

f) General Responsibilities

• Furnish all labor, materials, tools, equipment, supervision, and services required to complete the work.

• Coordinate work with facility staff to minimize disruption to operations.

• Maintain a clean and safe worksite at all times.

OSHA and Safety Requirements

The Contractor shall comply with all applicable federal, State, and local safety and health regulations, including Occupational Safety and Health Administration (OSHA) standards under 29 CFR Part 1910 (General Industry) and 29 CFR Part 1926 (Construction). The Contractor shall be responsible for maintaining a safe work environment and ensuring all personnel are properly trained and qualified to perform assigned tasks. All required safety measures shall be implemented, including but not limited to proper use of personal protective equipment (PPE), lockout/tagout procedures for electrical, gas, and mechanical systems, and compliance with crane, rigging, hoisting, hot work, and confined space requirements as applicable. The Contractor shall maintain safe and orderly work areas. The Contractor shall also comply with all DPSCS facility security and access requirements while performing work on-site.

1.5.2 Contract Type

This is a firm fixed price contract, meaning the price is not subject to adjustment due to variations in the Contractor’s cost. Sample amounts on the bid form are for evaluation purposes only. The Department does not guarantee a minimum or maximum number of units during the performance of this contract.

1.5.3 Contract Duration and Termination

The contract will remain in effect for the time period and quantity specified unless terminated by the State for default or convenience. The State may terminate the contract for convenience in accordance with COMAR 21.05.07.06.G(8).

1.5.4 Performance and Default

Any item or service not delivered in a timely manner or not conforming to contract requirements may be purchased on the open market by the Department. The Contractor will be charged for any costs incurred by the State in excess of the contracted price.

1.5.6 Work Schedule

All scheduled services are to be performed during State working hours, which are Monday to Friday from 7:00am to 3:00pm, with the exception of state holidays. Work shall not be performed before or after working hours, on weekends, or on State observed holidays, unless overtime is approved in advance and by writing the Contract Monitor. The following state holidays are observed:

a) New Year’s Day h) Indigenous People’s Day

b) Dr. Martin Luther King, Jr.’s Birthday i) Election Day

c) President’s Day j) Veterans’ Day

d) Memorial Day k) Thanksgiving Day

e) Juneteenth l) Friday after Thanksgiving Day

f) Independence Day m) Christmas Day

g) Labor Day

An updated list of State holidays can be found at https://sos.maryland.gov/Pages/State-Holidays.aspx.

1.6 INVOICING AND PAYMENTS

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 be emailed to Accounts Payable at dpscs.accountspayble@maryland.gov and cc’d the Contract Monitor Josiah.ewart@maryland.gov including the following information on the invoice, 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.

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.

https://sos.maryland.gov/Pages/State-Holidays.aspx https://sos.maryland.gov/Pages/State-Holidays.aspx mailto:dpscs.accountspayble@maryland.gov mailto:Josiah.ewart@maryland.gov

1.7 NO BID NOTICE

The Department is committed to providing solicitations that are readily and easily responded to. If you choose not to respond to this solicitation, please fill out the form provided in this solicitation and email it to the Procurement Officer indicated in the key information sheet. We will review your responses and suggestions.

1.8 SECURITY REQUIRMENTS

1.8.1 On-Site Security Requirements

Designated facilities under the Department of Public Safety and Correctional Services have strict security guidelines, and non-compliance may lead to contract termination. All persons entering or leaving the facility, including workers and staff of the Contractor and Subcontractor(s), are subject to security procedures.

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) Due to the Department's nature of service, unforeseen security problems may restrict access. The Contractor will be reimbursed for a maximum of one (1) hour labor if access is denied without prior notification.

d) The following items and actions are prohibited while on-site the facility:

1) Possession or the use of alcohol, drugs, tobacco, weapons, or prohibited items is strictly forbidden;

2) Glass containers are not allowed on the job site;

3) Contact with incarcerated individuals is not allowed; and

4) Transmission of prohibited or contraband items, such as drugs paraphernalia, communication devices, and weapons, to incarcerated individuals is not allowed.

e) Contractor Personnel must request approval from the Contract Monitor, or designee, to use papers, cellphones, cameras, or tape.

f) Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

1.8.2 Employee Identification

a) Contractor Personnel shall display their company ID badge and State 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) All State badges or wrist bands are property of the State and any lost or stolen badges/wrist bands must be immediately reported to the Contract Monitor. Any replacement badges or wrist bands must be provided at the Contractor’s expense.

d) 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.

e) 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.

1.8.3 Security Clearance / Criminal Background Check

a) The Contractor shall obtain from each individual assigned to work on the Contract a statement permitting a criminal background check. The Department will obtain a criminal background check for each individual using a source of its choosing. The Contract Monitor reserves the right to reject any individual based upon the results of the background check.

b) Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State.

1.8.4 Storage

The Contractor’s materials or equipment shall not be stored at any of the State’s facilities, or on State property, unless authorized by the Contractor Monitor. Employees should leave personal property outside the facility. Equipment, material, and supplies must be stored as designated by the Security Chief. Inventory checks and compliance with security policies are mandatory.

Vehicles may only be brought into the facility with approval and must be secured.

1.9 CANCELLATIONS

1.9.2 This IFB may be cancelled as provided in COMAR 21.06.02.02

1.9.3 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.

1.9.4 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).

1.9.5 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).

THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK

SECTION 2 – MANDATORY TERMS AND CONDITIONS

2.8 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and amendments thereto will be made a part of the final contract which will be in the form of a blanket purchase order (“BPO”) or purchase order (“PO”). See Section 2.16. By submitting a bid in response to this solicitation, the Bidder, if selected for award as the Contractor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO.

2.9 TAX EXEMPTION

The Department is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

2.10 SPECIFICATIONS

All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in this solicitation.

2.11 DELIVERY AND ACCEPTANCE

2.11.2 Delivery shall be made in accordance with the solicitation specifications. The Department, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The Department unilaterally may order in writing the suspension, delay or interruption of performance hereunder.

2.11.3 The Department reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Unless otherwise stated in the specifications, materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced.

2.11.4 The Department reserves the right to purchase replacement materials in the open market.

Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

2.11.5 If the Contractor fails to make delivery in accordance with its quoted time frame, and the Department is required to obtain the needed goods or services on the open market, the Contractor shall be liable for any excess costs to the Department.

2.12 INTELLECTUAL PROPERTY

Contractor agrees to indemnify and save harmless the State, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this Contract.

2.13 MARYLAND LAW PREVAILS

The law of Maryland shall govern the interpretation and enforcement of this Contract.

2.14 CHANGES

This Contract may be amended only with the written consent of both parties. Amendments may not significantly change the scope of the Contract (including the Contract price).

2.15 DISPUTES

Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

2.16 TERMINATION FOR NON-APPROPRIATION

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

2.17 TERMINATION FOR DEFAULT

If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination.

Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

2.18 TERMINATION FOR CONVENIENCE

The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

2.19 NONDISCRIMINATION

The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

2.20 ITEMS OF MERCURY CONTENT

To the extent this solicitation is for products that may contain mercury, there is a price preference for products that are mercury free. The price preference shall not exceed 5 percent of the bid price for products that are mercury free or for products containing the least amount of mercury.

2.21 COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that:

2.21.2 It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

2.21.3 It is not in arrears with respect to the payment of any monies due and owing the State of

Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;

2.21.4 It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and

2.21.5 It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

2.21.6 The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

2.22 BID AFFIDAVIT

Each bidder shall execute and attach to the bid or proposal the affidavit included with this solicitation.

2.23 BLANKET PURCHASE ORDER (BPO)/ PURCHASE ORDER AS CONTRACT

2.23.2 As used in this provision, a bid refers to a bid submitted under Small Procurement Regulations

2.23.3 As used in this provision, a bidder refers to a bidder under Small Procurement Regulations.

2.23.4 As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the Maryland Department of Public Safety & Correctional Services.

2.23.5 The bidder’s execution and submission of a responsive bid constitutes a promise by the bidder to perform the contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period of 30 days or for such longer period as the bidder and the Department may agree.

2.23.6 Upon acceptance of a bid, the Procurement Officer may issue a Purchase Order (PO) and/ or

Blanket Purchase Order (BPO), in a form to be determined by the Department which substantially contains the terms and conditions of the solicitation. The PO/BPO constitutes the State’s acceptance of the bid and binds the bidder to a contract. The execution and issuance of a PO and/ or BPO by the Procurement Officer, subject to all necessary approvals, shall constitute acceptance of the bid and final award of the contract. The contract shall consist of the executed PO and/or BPO issued by the Procurement Officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the PO and/or BPO, the bid, or by operation of law, and the executed bid of the bidder. If the Procurement Officer issues a PO and/ or BPO, at the option of the Procurement Officer it will not be necessary for the bidder to execute the PO and / or BPO or any other form of contract or agreement. The bidder understands and agrees that the terms and conditions of the BPO/PO may not be waived. The Procurement Officer may require that the parties both execute a single document as the embodiment of the contract between the parties.

2.23.7 In the event of a conflict between provisions of the contract documents, the controlling provisions shall be, in the following order, those of:

i. the PO and/ or BPO; then

ii. the solicitation; and then

iii. the bid.

2.24 RETURNED GOODS

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to actual unreimbursed costs incurred by the Contractor including, but not limited to, restocking charges, shipping charges, plus reasonable profit. Contractor must provide written proof of claimed compensation. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.

2.25 ANTI-BRIBERY

The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

2.26 REGISTRATION OF FOREIGN CORPORATIONS

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the annotated Code of Maryland, corporations not incorporated in the State of Maryland shall be registered with the State Department of Assessments and Taxation, 301 W. Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.

2.27 CONTINGENT FEE

The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employeer agency, any fee or other consideration contingent on the making of this agreement.

2.28 EPA COMPLIANCE

Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.

2.29 OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.)

All materials, supplies, equipment, or services supplied as a result of this contact shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards.

2.30 PRE-EXISTING REGULATIONS

The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this contract are applicable to this contract.

2.31 INDEMNIFICATION

The State shall not assume any obligation to indemnify, hold harmless, or pay attorney’s fees that may arise from or in any way be associated with the performance or operation of this agreement.

2.32 ADDITIONAL QUANTITIES

The State reserves the right to solicit separate bids if a particular quantity requirement arises which exceeds the State’s normal requirements as provided in the solicitation or exceeds an amount specified in this contract.

2.33 NEW MATERIALS

All items shipped pursuant to this Purchase Order shall be new, never previously used, and the current model of the item unless specifically stated otherwise in this contract.

2.34 ASSIGNMENT

This Purchase Order and the monies which may become due hereunder are not assignable except with the prior written approval of the Procurement Officer.

2.35 DRUG AND ALCOHOL FREE WORKPLACE

The Contractor warrants that the Contractor shall comply with COMAR 21.11.08 Drug and Alcohol Free Workplace, and that the Contractor shall remain in compliance throughout the term of this Purchase Order.

2.36 COMMERCIAL NONDISCRIMINATION POLICY

2.36.2 As a condition of entering into this Purchase Order, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under State Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Purchase Order and may result in termination of this Purchase Order, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is no enforceable by or for the benefit of, and creates no obligation to, any third party.

2.36.3 The Contractor shall include this Section 2.30, Commercial Nondiscrimination Policy, in all subcontracts to the State contract.

2.36.4 As a condition of entering into this Purchase Order, upon the request of the Maryland

Commission on Human Relation, an only after the filing of a complaint against Contractor under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contract on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State’s Commercial Nondiscrimination Policy as set forth under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Purchase Order and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

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ATTACHMENT A – BID SHEET

CONTRACTOR’S NAME:

CONTRACTOR’S FEDERAL ID NO.:

CONTRACTOR’S ADDRESS:

CONTACT PERSON’S NAME:

CONTRACTOR’S TELEPHONE NO.:

CONTRACTOR’S EMAIL ADDRESS:

CONTRACTOR’S MBE/ SBR NO.:

This form is to be completed in its entirety without alterations, exceptions or additions.

BPM055174 MCI-W Hot Water Heater Replacement Total Pricing Location: Maryland Correctional Institution for Women (MCIW), 7943 Bridge Road, Jessup, Maryland 20794 Contract Type: Firm Fixed Price Completion Time Line: Within four (4) weeks from Notice to Proceed Warranty: 2 Years on all Parts and Labor

Total Cost of Labor: Removal of existing hot water heater storage tank and installation of new tank, including all associated piping, connections, preparation of piping and concrete areas, and proper disposal

Total Cost of Materials: Furnish new hot water heater storage tank and all required materials, fittings, piping, and accessories necessary for installation $_________________________

Total Contract Price:

In addition, Bid amounts must be submitted electronically through eMMA.

In the event of conflict, information entered on Attachment A (Bid Sheet) will prevail over any information entered separately through eMMA on price grid.

Note: This bid is based on a firm fixed price and does not guarantee a minimum or maximum quantity of work.

Representing the above Company

SIGNATURE*

Print Name & Title Date

*The person signing this Bid Sheet must be an Officer of the Company, authorized to contract on behalf of the Company or another authorized person whose proof of authority is hereby attached. (Please attach a notarized copy of said authorization to this Bid Proposal, i.e.; Corporate Resolution)

THE MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES RESERVES

THE RIGHT TO REJECT ANY AND ALL BIDS IN WHOLE OR IN PART.

ATTACHMENT B – BID/ PROPOSAL AFFIDAVIT

BID/PROPOSAL AFFIDAVIT

I HEREBY AFFIRM THAT:

I (print name) _____________________ possess the legal authority to make this Affidavit.

A. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in §19- 103 of the State Finance and Procurement Article of the Annotated Code of Maryland.

“Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. Certification Regarding Minority Business Enterprises.

The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, §14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid.

B-2. Certification Regarding Veteran-Owned Small Business Enterprises. The undersigned bidder hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, §14-605, Annotated Code of Maryland, which provides that a person may not:

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;

(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran– owned small business enterprise in order to obtain or retain a bid preference or a procurement contract;

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.12; or

(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of §B-2(1)—(5) of this regulation.

B. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

C. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the

Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)—(5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract;

(8) Been found in a final adjudicated decision…