Request For Bids for Courier - OAG OPD.docx

Small Procurement - Request for Bid (RFB)

OAG/OPD COURT FILING AND OTHER COURIER SERVICES

Purpose:

The Office of the Attorney General (OAG or the Department) seeks a courier to provide daily court courier delivery services for the OAG and the Office of the Public Defender (OPD) from Baltimore to Annapolis. Additional courier services between Baltimore and Annapolis locations will be required on an as needed basis.

It is the State’s intention to obtain services, as specified in this RFB, from a Contract between the selected Bidder and the State. The anticipated duration of services to be provided under this Contract is 3 years. See below for more information. The Department intends to make a single award as a result of this RFB.

A Bidder, either directly or through its subcontractor(s), must be able to provide all 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.

Background The Attorney General is the chief legal officer of the State of Maryland. The Office of the Attorney General (OAG) has the general charge, supervision, and direction of the State's legal business, acting as legal advisors and representatives of the major agencies, various boards, commissions, officials, and institutions of State Government. The OAG is also responsible for civil and, in some cases, criminal enforcement of laws intended to protect the public. The OAG’s affirmative enforcement activities are conducted through Units and Divisions (hereinafter “Team”), including the Antitrust Division, Civil Rights Division, Consumer Protection Division, Criminal Division, Environmental Crimes Unit, Insurance Fraud Division, Medicaid Fraud Control Unit, Independent Investigations Division, and Securities Division. As Maryland's 47th Attorney General, Anthony G. Brown leads the Office with a critical focus on equity, justice, and fairness.

Solution & Vendor Requirements – Scope of Work The State is issuing this solicitation for the purposes of providing daily courier services for the OAG and OPD from their offices located in Baltimore, to the Supreme Court of Maryland and C Appellate Court of Maryland located in Annapolis. Possible additional services may include additional pickup and/or delivery stops for the OAG and OPD in Baltimore and Annapolis.

The Contractor shall provide:

1. Court Run - OAG 5 days a week; OPD 2 days a week – The Contractor shall complete deliveries as follows for legal brief and other court filings each Business Day, except when offices are closed due to inclement weather. The Contractor shall keep current contact information, including a cell phone number, on file with the Contract Monitor throughout the duration of the Contract.

The Contractor shall pick up materials at OAG offices at 200 St. Paul Place, 17thfloor, Baltimore at 1:30 p.m. daily. OAG typical pickup will fit in a single mailbag, but on occasion there could be as many as 2-3 boxes for a large filing.

Twice a week, the Contractor shall pick up materials at OPD offices at 6 St. Paul Place, Suite 1400, Baltimore at 2:00 p.m. daily OPD typical pickup will fit in a single mailbag, but on occasion there could be as many as 2-3 boxes for a large filing;

The Contractor shall deliver briefs to the Robert C. Murphy Building, 361 Rowe Blvd, Annapolis, MD, both to the Supreme Court of Maryland (4th floor) and to the Appellate Court of Maryland (2nd floor) by 3:00 p.m. The Contractor shall collect time stamped copy of each brief and return it to OAG or OPD as appropriate along with any other mail, by the next Business Day when that day’s pickup is made.

The Contractor shall make additional Annapolis area deliveries for the OAG on an as-needed basis. Expected frequency of each delivery location is noted below, but requests for the below delivery locations may be discontinued at any point during the Contract.

2. Baltimore Primary Run - 2 days a week Mondays and Wednesdays - Excluding State holidays and when offices are closed due to inclement weather. One Way - Pick up at 301 West Preston Street, Baltimore Mail Services (Basement) delivery to OAG Mailroom, 200 St. Paul Place, 17th Floor, Baltimore, by 12:30 p.m.

3. Baltimore Secondary Run – as needed - Possible return delivery (as needed) to any of the following:

4. Federal Court Run – twice a week - This run shall be made on Tuesday and Thursday, excluding State holidays and when offices are closed due to inclement weather. One Way - Pick up at OAG Mailroom, 200 St. Paul Place, 17th Floor, Baltimore, by 2:00 p.m. for delivery to the Federal Court Building (Edward A. Garmatz Building) 101 W. Lombard Street, Baltimore. Items will taken to the clerks office on the 4th floor.

5. Saratoga Street Runs. – as needed - The Contractor shall provide on-demand courier runs between the Department of Human Services (DHS) OAG offices at 311 W. Saratoga Street, 10th floor, Baltimore, MD 21201 and OPD Offices at 6 St. Paul Street or OAG Offices at 200 St. Paul Place, 17th Floor. The Contractor shall provide these services on an as-needed basis.

6. Saratoga DHS – as needed - The Contractor shall pick up materials to be couriered at OAG’s offices at DHS, 311 W. Saratoga Street, 10th floor, Baltimore, MD 21201, for delivery to OPD Offices at 6 St. Paul Street or OAG Offices at 200 St. Paul Place, 17th Floor. DHS/OAG Office Manager, will provide at least two (2) hours advance notice via phone call if a pickup is necessary. The anticipated frequency this courier run is 4 times per month.

7. Saratoga OPD – as needed - When Court Run pickup is made at OPD the Contractor may be given items to be delivered to the OAG offices at the OAG’s office at DHS, 311 W. Saratoga Street, 10th floor, Baltimore, MD 21201. This delivery of materials from the OPD to the OAG offices at DHS would be made the next Business Day after OPD’s materials are couriered to the Courts per. The anticipated frequency of this courier run is 2 times per week.

8. Saratoga OAG – as needed - When Court Run pickup is made at OAG, the Contractor may be given items to be delivered to the OAG offices at DHS, 311 W. Saratoga Street, 10th floor, Baltimore, MD 21201. This delivery of OAG materials from OAG’s St. Paul Place offices to the OAG offices at DHS would be made the next Business Day after OAG’s materials are couriered to the Courts. The anticipated frequency of this courier run is 2 times per month.

9. On Demand – as needed - The Contractor may be asked to provide on-demand courier runs between any of the three offices (OAG, OPD or DHS) and other locations in Maryland, typically in the Baltimore Metropolitan vicinity, Annapolis vicinity, or on occasion Washington DC suburbs. The Contractor shall provide these services on an as-needed basis. When these services are needed, we will call and ask for a quote for the delivery in question.

Current Incumbent’s Schedule.

Annapolis Secondary add on as needed tacked onto court run or return

Baltimore Secondary add on as needed

Saratoga DHS as needed

Saratoga OPD add on as needed

Saratoga OAG add on

As needed

A contract start date on or about July 8, 2024 is anticipated. A 3-year term is preferred.

Submission Requirements and Instructions Bidders shall submit with their Bid in a single email or by uploading to eMMA. This is a Small Procurement under Maryland law. Proposals with costs over $100,000 cannot be considered.

Qualifications. We prefer the Bidder have at least 1 year of experience within the last three years in delivering and filing court documents. As proof of this qualification, the Bidder can submit a information that can attest to the Bidder’s experience within the last three years in delivering and filing court documents.

Small businesses and Minority-owned, Women-owned, and Veteran-owned businesses are encouraged to submit proposals and should list any applicable certifications in your submission. If you are not certified, information is available at https://procurement.maryland.gov/business-community/.

The chosen vendor, if not already registered, will be required to establish an account on eMMA, the State’s online procurement website.

The chosen vendor must be registered to do business with the state of Maryland and be in good standing. Check your business’ registration at https://businessexpress.maryland.gov/. More information about the registration process can be found at https://egov.maryland.gov/BusinessExpress/Home/ProcessingTimes.

Submission Due Date. In order to be considered, bids must be received by the Procurement Officer via email jclark@oag.state.md.us or through eMMA no later July 3, 2024 3:00 pm eastern time. Requests for extension of this time or date will not be granted.

Format. Please email your response to Janice Clark, Contract manager, jclark@oag.state.md.us, 410-576-7033. Response shall include a Transmittal Letter shall, Bid Proposal Affadavit (Attachment B) and the Bid Form (Attachment E). The Transmittal Letter should be brief and signed by an individual who is authorized to commit the Bidder to the services and requirements as stated in this RFB. The Transmittal Letter should include the following:

· Name and address of the Bidder;

· Name, title, e-mail address, and telephone number of primary contact for the Bidder;

· Solicitation Title and Solicitation Number that the Bid is in response to;

· Signature, typed name, and title of an individual authorized to commit the Bidder to its Bid;

· Federal Employer Identification Number (FEIN) of the Bidder, or if a single individual, that individual’s Social Security Number (SSN);

· Bidder’s eMMA number;

· Link to bidder’s Maryland SDAT registration number.

· Bidder’s MBE certification number (if applicable);

Any information which is claimed to be confidential is to be noted by reference and included after the Transmittal Letter.

The basis for the award will be “most advantageous offer.” for providing the goods and services as specified in this request for bids. The most favorable Total Bid Price will be the lowest price total on the bid form.

Questions Pre-Bid Questions can be submitted to Janice Clark jclark@oag.state.md.us and dbrooks@oag.state.md.us up to June 28, 2024 3:00 pm eastern. All prospective Bidders are encouraged to submit questions to facilitate better preparation of their Bids. As promptly as is feasible and no later than July 1, 2024, a summary of the questions and answers, titled, “Q&A” aggregating all questions and answers received by the deadline will be distributed to all prospective Bidders known to have received a copy of this RFB. This Q&A will also be posted on eMaryland Marketplace.

Documents Required upon Notice of Recommendation for Contract Award Upon receipt of a Notification of Recommendation for Contract Award, the following documents shall be completed and submitted by the recommended awardee within five (5) Business Days, unless noted otherwise.

a. signed Contract (Attachment A),

b. completed Contract Affidavit (Attachment C)

ATTACHMENT A – CONTRACT

OAG/OPD COURT FILING AND OTHER COURIER SERVICES

THIS CONTRACT (the “Contract”) is made this (“Xth” ) day of July, 2024 by and between (Contractor’s name) and the STATE OF MARYLAND, acting through the Office of the Attorney General.

In consideration of the promises and the covenants herein contained, the parties agree as follows:

1. Definitions In this Contract, the following words have the meanings indicated:

1.1 “Bid” means the Contractor’s Bid dated (Bid date).

1.2 “COMAR” means Code of Maryland Regulations.

Exhibit A – The RFB Exhibit B – State Contract Affidavit, executed by the Contractor and dated (date of Attachment C).

Exhibit C – The Bid

4.4 Contractor’s eMarylandMarketplace vendor ID number is (Contractor’s eMM number).

5.5 Upon termination of the Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer.

No official or employee of the State, as defined under Md. Code Ann., General Provisions Article, § 5-101, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall, during the pendency and term of this Contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this Contract.

8. Disputes This Contract shall be subject to the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15, Subtitle 2, and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the Procurement Officer’s decision. Unless a lesser period is provided by applicable statute, regulation, or the Contract, the Contractor must file a written notice of claim with the Procurement Officer within thirty (30) days after the basis for the claim is known or should have been known, whichever is earlier. Contemporaneously with or within thirty (30) days of the filing of a notice of claim, but no later than the date of final payment under the Contract, the Contractor must submit to the Procurement Officer its written claim containing the information specified in COMAR 21.10.04.02.

The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, sexual orientation, sexual identity, ancestry, or disability of a qualified individual with a disability; (b) to include a provision similar to that contained in subsection (a), above, in any underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause.

11. Contingent Fee Prohibition The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of this Contract.

12. Non-availability of Funding If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State’s rights or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.

13. Termination for Cause If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, the State may terminate the Contract by written notice to the Contractor. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at the State’s option, become the State’s property. The State shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the Contractor’s breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the State can affirmatively collect damages. Termination hereunder, including the termination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

14. Termination for Convenience The performance of work under this Contract may be terminated by the State in accordance with this clause in whole, or from time to time in part, whenever the State shall determine that such termination is in the best interest of the State. The State will 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; provided, however, the Contractor shall not be reimbursed for any anticipatory profits that 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).

15. Delays and Extensions of Time The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays, interruptions, interferences, or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract.

Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers.

16. Suspension of Work The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of its performance for such period of time as the Procurement Officer may determine to be appropriate for the convenience of the State.

17. Pre-Existing Regulations In accordance with the provisions of Md. Code Ann., State Finance and Procurement Article, § 11-206, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of this Contract are applicable to this Contract.

18. Financial Disclosure The Contractor shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article, § 13-221, which requires that every person that enters into contracts, leases, or other agreements with the State or its agencies during a calendar year under which the business is to receive in the aggregate, $100,000 or more, shall within thirty (30) days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file with the Secretary of the State certain specified information to include disclosure of beneficial ownership of the business.

19. Political Contribution Disclosure The Contractor shall comply with Md. Code Ann., Election Law Article, Title 14, which requires that every person that enters into a procurement contract with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall, file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on or before: (i) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31. Additional information is available on the State Board of Elections website: http://www.elections.state.md.us/campaign_finance/index.html.

20. Documents Retention and Inspection Clause The Contractor and subcontractors shall retain and maintain all records and documents relating to this Contract for a period of five (5) years after final payment by the State hereunder or any applicable statute of limitations or federal retention requirements (such as HIPAA), whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the Procurement Officer or designee, at all reasonable times. All records related in any way to the Contract are to be retained for the entire time provided under this section. In the event of any audit, the Contractor shall provide assistance to the State, without additional compensation, to identify, investigate, and reconcile any audit discrepancies and/or variances. This Section 24 shall survive expiration or termination of the Contract.

21.2 Upon three (3) Business Days’ notice, the Contractor and/or any subcontractors shall provide the State reasonable access to their respective records to verify conformance to the terms of the Contract. The Department may conduct these audits with any or all of its own internal resources or by securing the services of a third party accounting or audit firm, solely at the Department’s election. The Department may copy, at its own expense, any record related to the services performed and provided under this Contract.

21.3 The right to audit shall include any of the Contractor’s subcontractors including but not limited to any lower tier subcontractor(s) that provide essential support to the Contract services. The Contractor and/or subcontractor(s) shall ensure the Department has the right to audit such subcontractor(s).

21.4 The Contractor and/or subcontractors shall cooperate with Department and Department’s designated accountant or auditor and shall provide the necessary assistance for the Department or Department’s designated accountant or auditor to conduct the audit.

21.5 This Section shall survive expiration or termination of the Contract.

22. Compliance with Laws The Contractor hereby represents and warrants that:

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

22.2It is not in arrears with respect to the payment of any monies due and owing the State, 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;

By submitting cost or price information, the Contractor certifies to the best of its knowledge that the information submitted is accurate, complete, and current as of the date of its Bid/Proposal.

The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price information which, as of the date of its Bid/Proposal, was inaccurate, incomplete, or not current.

24. Subcontracting; Assignment The Contractor may not subcontract any portion of the services provided under this Contract without obtaining the prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or any of its rights or obligations hereunder, without the prior written approval of the Procurement Officer provided, however, that a contractor may assign monies receivable under a contract after due notice to the State. Any subcontracts shall include such language as may be required in various clauses contained within this Contract, exhibits, and attachments. The Contract shall not be assigned until all approvals, documents, and affidavits are completed and properly registered. The State shall not be responsible for fulfillment of the Contractor’s obligations to its subcontractors.

(Corporate name of Contractor’s Parent Company) hereby guarantees absolutely the full, prompt, and complete performance by (Contractor) of all the terms, conditions and obligations contained in this Contract, as it may be amended from time to time, including any and all exhibits that are now or may become incorporated hereunto, and other obligations of every nature and kind that now or may in the future arise out of or in connection with this Contract, including any and all financial commitments, obligations, and liabilities. (Corporate name of Contractor’s Parent Company) may not transfer this absolute guaranty to any other person or entity without the prior express written approval of the State, which approval the State may grant, withhold, or qualify in its sole and absolute subjective discretion. (Corporate name of Contractor’s Parent Company) further agrees that if the State brings any claim, action, suit or proceeding against (Contractor), (Corporate name of Contractor’s Parent Company) may be named as a party, in its capacity as Absolute Guarantor.

Contractor and subcontractor, due to be distributed to the subcontractor; and

MBE contract provisions and refuses or fails to take the corrective action that the Department requires, then the Department may:

The work to be accomplished under this Contract shall be performed under the direction of the Contract Monitor. All matters relating to the interpretation of this Contract shall be referred to the Procurement Officer for determination.

31. Notices All notices hereunder shall be in writing and sent, as follows:

Via email. jclark@oag.state.md.us If to the Contractor: _________________________________________

IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth.

OFFICE OF THE ATTORNEY GENERAL

Date

Date

Approved for form and legal sufficiency this ____ day of _____________, 20___.

Assistant Attorney General

ATTACHMENT B – BID/PROPOSAL AFFIDAVIT

A. AUTHORITY

I hereby affirm that I, _______________ (name of affiant) am the ______________(title) and duly authorized representative of ______________(name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/Proposal on this project, the Bidder/Offeror 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, or on the basis of 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/Proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/Proposal. As part of its Bid/Proposal, the Bidder/Offeror 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/Offeror 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/Offeror 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/Offeror 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/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/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/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…