Request for Quote Janitorial Services at Elkton, MD Office 23-JS-R02-O-001.pdf

SMALL PROCUREMENT

REQUEST FOR QUOTE (RFQ)

Janitorial Services for DJS Elkton, MD Office SOLICITATION NO. 23-JS-R02-O-001 / eMMA# BPM032305

ISSUE DATE: October 25, 2022

NOTICE

A Prospective Bidder that has received this document from a source other than eMaryland Marketplace (eMMA) https://emma.maryland.gov/page.aspx/en/usr/login should register on eMMA.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation

NO BID NOTICE/ VENDOR FEEDBACK FORM

To help us improve the quality of the Department of Juvenile Services solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding the enclosed Invitation for Bids. Please return your comments with your Bid. If you have chosen not to respond to this solicitation, please email this completed form to the Procurement Officer at susan.edwards1@maryland.gov

a. 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.

https://emma.maryland.gov/page.aspx/en/usr/login

Janitorial Services for DJS Elkton, MD Office Solicitation #: 23-JS-R02-O-001

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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 Bids is insufficient.

Start-up time is insufficient.

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

Bid 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:

b. 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:

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STATE OF MARYLAND

DEPARTMENT OF JUVENILE SERVICES

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Small Procurement: Janitorial Services for DJS Elkton, MD Office

Solicitation Number: 23-JS-R02-O-001

RFQ Issue Date: October 25, 2022

RFQ Issuing Office: Department of Juvenile Services (DJS or Department) Office of Procurement

Procurement Officer: Susan Edwards 217 E. Redwood Street e-mail:

Office Phone:

susan.edwards1@maryland.gov 410-877-5081

Bids are to be submitted: Submit Bids in eMMA

Virtual Pre-Bid Conference: Wednesday, November 2, 2022 11:00 a.m. - 12:00 p.m. Local Time (See RFQ page 6 and Exhibit 8 for instructions).

Questions Due Date and Time:

Wednesday, November 9, 2022 at 1:00 p.m. local time via email to susan.edwards1@maryland.gov

Bid Due (Closing) Date and Time:

Wednesday, November 16, 2022 2:00 p.m. Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page 2).

Bid Opening Date, Time Wednesday, November 16, 2022 2:30 p.m. Local Time Bids will be opened in eMMA by the Procurement Officer.

Contract Duration: Period of Performance: Three (3) Years will no renewals.

Estimated Dates of Performance: January 2, 2023 to January 2, 2026

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1 Bidder Minimum Qualifications

To be considered responsive, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

1.1.1 The Bidder shall have three (3) years of experience providing janitorial services comparable in scope as required in the detailed specification.

1.1.2 The Contractor must provide proof that the following Minimum Qualifications have been met (see also Section 4): the minimum qualifications for award are as follows:

a) A minimum of three (3) consecutive years of its entity being formed and in business.

b) a minimum of three (3) complete and consecutive years, within the last ten (10) years, providing successful janitorial services, performance comparable in scope, type, size, magnitude, and complexity as required in this Detailed Specification.

c) The Contractor must provide three (3) references that can substantiate this experience timely upon the request of the Procurement Officer.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Department of Juvenile Services (DJS or Department) is issuing this Request for Quote (RFQ) for the purposes of entering into a contract with a vendor to provide all labor, equipment, materials, supplies, insurance, etc., to provide janitorial services for the DJS Office, 106 East Main Street, Suite 102, Elkton, MD 2192. Janitorial Services will be performed one day per week (Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday) for fifty-two (52) weeks. Deep cleaning services may be required, as needed. The term of the contract will be for a three (3) years beginning on approximately January 2, 2023. The contactor shall provide hand towels, toilet tissue, trash can liners, sanitary napkin receptacle liners, toilet seat covers, and hand soap. The Contractor shall purchase all cleaning materials and supplies from Blind Industries and Services of Maryland (BISM). The Contractor is responsible for setting-up an account with

BISM.

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

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

2.2 Background and Purpose

The State is issuing this solicitation for the purposes of providing a contractor to perform janitorial services at the DJS Office located in Elkton, MD. The contract scope consists of providing janitorial/cleaning services for all areas throughout the facility one day per week beginning between 5:00 to 6:00 p.m. local time and ending before 9:00 p.m. local time. The term of this contract shall be for a period of three (3) years, with an estimated start date of January 2, 2023 through January 2, 2026.

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2.3 Scope of Work Requirements

A. This project shall consist of the contractor providing all labor, equipment, materials, supplies, insurance, etc., necessary to provide one contracted employee to perform cleaning services one weekday per week (Monday, Tuesday, Wednesday, Thursday, or Friday) for fifty-two (52) weeks. The Contractor shall provide hand towels, toilet tissue, trashcan liners, sanitary napkin receptacle liners, toilet seat covers, and hand soap. The Contractor shall purchase all other cleaning materials and cleaning supplies through BISM (Blind Industries and Services of Maryland).

1. Work associated with providing one contracted employee to perform janitorial services, one day per week starting no earlier than 5:00 p.m. and ending no later than 8:00 p.m. The DJS Elkton Office is approximately 3,726 square feet and includes the following number and types of rooms: Twelve (12) offices, two (2) conference rooms, one (1) lobby, one (1) common area, one (1) kitchen area, and two (2) bathrooms.

2. Approximately 3,326 square footage is carpeting and approximately four hundred square feet is hard surface flooring. The flooring is located in the two (2) single restrooms, one (1) lobby, and two (2) areas in the kitchen.

B. Specific tasks to be completed in the DJS Elkton Office building include:

1. Trashcans:

Empty all trashcans within the suite of offices and insert clean liners into each Trashcan. All items marked "trash" are removed and boxes are broken down prior to placement in the dumpster in the back parking lot. Trash will be placed in trash dumpster and boxes and recyclable containers will be placed in the recyclable dumpster located next to the trash dumpster.

2. Bathrooms/Restrooms:

Remove and dispose of any trash on floor. Clean and disinfect two (2) basins/sinks, two (2) toilets, countertops, and plumbing. Remove stains, dirt, hair, smudges, smears, and water spots. Shine Chrome fixtures and pipes. Toilets and urinals shall be disinfected and free of stains, dirt, hair, smudges, smears, and water spots on both top and bottom of surfaces. Glass mirrors shall be free of smears, smudges, fingerprints and be uniform in appearance without residue or haze.

Check all bathroom/restroom dispensers for adequate supply and change if necessary.

3. Kitchen:

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Clean and disinfect two (2) basins/sinks, countertops, and cabinets. Wipe down outside of refrigerator, inside, and outside of microwave. Remove stains, dirt, hair, smudges, smears, and water spots. Shine chrome fixtures and pipes.

4. Floors:

Dust mop, followed by wet mop any/all ceramic tile, quarry tiles, and resilient tile floors. All dirt, dust, and trash removed from floors. Dirty water, cleaning solution residue, and wax build-up shall be removed.

5. Horizontal Surfaces:

Dust all horizontal surfaces, all window ledges, file cabinets, storage cabinets, chairs, and tables. All other horizontal surfaces are to be free of dust and trash. The exception being the tops of desks, which are not to be touched, unless cleared and requested to be cleaned.

6. Dusting Vertical Surfaces:

Clean or dust vertical surfaces. Spot clean/dust any vertical surface, such as walls, for dust or cobwebs. Walls shall be free of smudges, smears, dirt, fingerprints, and other soil. Surfaces shall be free of detergent residue.

7. Vacuuming:

Vacuum all carpeted areas and floor mats. Carpets and floor mats are to be free of all dirt, dust, paper clips, and small pieces of paper or other trash. Vacuum under each desk and desk chair, which are to be returned to their original position.

8. Glass Windows and Mirrors:

Glass shall be free of smears, smudges, fingerprints and be uniform in appearance without residue or haze.

9. Interior Windows and Glass Door:

The Interior Windows and Glass Door shall be cleaned on both sides, one (1) time per quarter: The interior windows include: Three (3) windows, each 72" wide and floor to ceiling height. One (1) glass door, 82" wide and floor to ceiling height.

10. Venetian Blinds:

Clean venetian blinds twice per year and shall be approved by Contract Manager.

Venetian blinds slats are free of dirt, dust, and streaks.

11. As Need Basis

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The following shall be performed on an as needed bases or when requested by the Contract Manager: Spot clean carpet stains. Carpet is to be free of stains, spots or marks of any kind, which can be removed by carpet cleaners.

I. MATERIALS, SUPPLIES, AND EQUIPMENT

A. General:

1. Contractor shall be responsible for the coordination, offloading (if applicable), and proper storage of all materials, supplies, and equipment.

2. All materials, supplies, and equipment are subject to the inspection and approval of the DJS Contract Manager.

3. Contractor shall purchase all State of Maryland approved cleaning materials and cleaning supplies through Blind Industries and Services of Maryland (BISM).

III. SCHEDULE AND VENDOR PERFORMANCE

A. Contractor shall not deviate from set schedule unless approved by the Contract Manager or Facility Supervisor, weather related, and or falling on a recognized holiday. If there is, a deviation of the schedule work shall commence at the next available day that the work can be performed without interrupting operations.

B. All services conducted by the contractor is subject to a vendor performance review and shall be approved by the Contract manager or Facility Supervisor as satisfactory or unsatisfactory at which time the contractor shall reschedule to complete work to the satisfaction of the Contract Manager or Facility Supervisor.

IV. SECURITY AND CONTRACTOR AWARENESS OF PROCEDURES

A. The Contractor must call or email the following DJS employees including any employee deemed necessary in the event of a call-out or no show:

Contract Manager: Ms. Tyra Kenly Office Phone: 410-996-2815 Email: tyra.kenly@maryland.gov

B. The Contractor shall provide Contract Manager and Facility Supervisor with a list of all employee names and contact information for any employee that will be on facility grounds and of any changes in employment within 24 hours of such.

C. Accumulation of trash, debris, etc. shall not be permitted. The Contractor must remove trash at the end of each workday.

D. All cutting and/or bladed tools (new and used) are prohibited.

mailto:tyra.kenly@maryland.gov

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E. Any mud, dirt, etc. carried into buildings must be cleaned daily. Any damage to areas outside the contract area must be satisfactorily repaired.

F. No smoking is allowed on the premises to include Matches, lighters, electronic cigarettes, vaporizers, and or tobacco products of any kind.

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3 Instructions to Bidders

3.1 Virtual Pre-Bid Conference: It is strongly recommended that each prospective Bidder and its representative(s) attend the scheduled Pre-Bid Conference.

The Virtual Pre-Bid Conference is scheduled for Wednesday, November 2, 2022 from 11:00 a.m. to 12:00 p.m. local time and will commence on Google Meets. The Procurement Officer will send a Google Meet Invitation to Contractors who confirm that that they will be in attendance by forwarding their completed Pre-Bid Conference Response form (see Exhibit 8 on page 38) to Susan Edwards at susan.edwards1@maryland.gov Participation at Pre-Bid Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their bids.

As promptly as is feasible subsequent to the Conference, a summary of the Conference and all questions and answers known at that time will be distributed to all prospective Bidders known to have received a copy of this RFQ.

In addition, if there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Procurement Officer no later than October 31, 2022. The Department will make a reasonable effort to provide such special accommodation.

3.2 eMaryland Marketplace Advantage (eMMA): eMMA is the electronic commerce system for the State of Maryland. The RFQ, questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

3.3 Questions: All questions shall be submitted in writing via e-mail to the Procurement Officer, susan.edwards1@maryland.gov by November 9, 2022 at 1:00 p.m. local time. The subject of the e-mail shall identify the Solicitation Number and Title. 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. Answers to all questions that are not clearly specific only to the requestor shall be posted to eMMA. The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding unless an amendment to the solicitation is issued in writing.

3.4 Procurement Method: A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02 and Small Procurement under COMAR

21.05.07. A Small Procurement is defined as the use of procedures to obtain items reasonably expected by the Procurement Officer to cost $50,000 or less.

3.5 Bid Due (Closing) Date and Time

A. Bids, must be received in eMMA by the Procurement Officer no later than the Bid due date and time indicated on the Key Information and Summary sheet in order to be considered.

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B. Requests for extension of the Bid due date or time shall not be granted.

C. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

D. 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.

E. Bids may not be submitted by e-mail or facsimile.

F. Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Vendor Feedback” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

3.6 Award Basis: The Contract shall be awarded to the responsible Bidder submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for providing the goods and services as specified in this RFQ. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation.

3.7 Tie Bids: Tie Bids will be decided pursuant to COMAR 21.05.02.14.

3.8 Duration of Bids: Bids submitted in response to this RFQ are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this RFQ is finally resolved. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

3.9 Revisions to the RFQ

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

B. Bidders shall acknowledge the receipt of all addenda to this RFQ issued before the Bid due date.

C. 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.

3.10 Cancellation of Bids: The Department may cancel this solicitation, accept or reject any and all Bids, in whole or in part, received in response to this RFQ and waive or permit the cure of minor irregularities.

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

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

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

3.11 Contract: A response to an RFQ is an offer to contract with the Department based upon the terms, conditions, and specifications contained in the Department’s RFQ. Bids do not become contracts unless and until the Department accepts the Bidder’s Bid and executes a purchase order, eliminating a formal signing of a separate contract/agreement. For that reason, all of the terms and conditions of the contract are contained in the RFQ, unless any of the terms and conditions are modified by an RFQ amendment, a Contract Amendment, or by mutually agreed terms and conditions in the contract which shall be in writing. The terms and conditions in the RFQ along with the Bidder’s Bid shall be incorporated into the Purchase Order. If there is any conflict between the terms and conditions in the RFQ and the Bidder’s Bid, the terms and conditions of the RFQ shall control. The Contract may be modified by mutual agreement of the parties which shall be in writing.

A. The Contract awarded from this solicitation shall be for the term as noted on the Purchase Order.

B. A performance evaluation shall be conducted by DJS staff at various intervals during any trial period, and that evaluation shall be the basis for the DJS’s decision to continue with the Contractor in current and future solicitations and projects.

C. Pricing proposed by the Bidder shall be firm from the date of actual Contract start date and shall be in effect for the entire contract period. Increases shall not be allowed.

3.12 Communication: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any Department or State employee. Only those communications which are in writing from an authorized DJS or State representative may be considered. Written communications from Contractors, which are assigned by a person designated as authorized to bind the Contractor, will be recognized by DJS as duly authorized expressions on behalf of Contractors.

3.13 Notice to Proceed/Purchase Order: The successful Bidder may not commence work under this contract/agreement until authorized to do so upon receipt of an authorized Purchase Order and a Notice to Proceed from the Department.

3.14 Materials and Workmanship: Unless otherwise specified, all materials and workmanship shall be new and of the best grade of their respective kinds for the purpose. Whenever an article, Small Procurement RFQ for the Department of Juvenile Services Page 12 of 41 material or equipment is specified by name, a substitute of equal qualification may be used upon written approval of the Department.

3.15 Invoicing: The Contractor must render an original invoice in duplicate that references the appropriate Purchase Order number. Invoices are to be submitted to the Accounts Payable address stated on the Purchase Order. The Purchase Order number should appear on all invoices, packing slips, ship notices, freight bills and all correspondence concerning this service.

3.16 Security: The successful Bidder, upon award of a Contract, shall comply with all security procedures and regulations. A list shall be provided to include the Contract Manager’s name and phone number, emergency contact name(s) and phone number(s), Office Management personnel for the Department and Contractor and all authorized personnel’s name(s) and approximate shift start and end times that will be assigned to perform work under this Contract shall be made available.

It is mutually understood that only authorized personnel from the successful Bidder will be permitted to enter any DJS facility. During the period that the work is being performed, keys to the facility placed in the Contractor’s custody must be accounted for all times and handled as described in security regulations and per office management.

4 Bid Format

4.1 One Part Submission

Each Bidder shall submit its Bid with all required bid submissions (see RFQ Section 5.4) in a single sealed package.

4.2 Labeling: Each Bidder is required to label the sealed Bid with the RFQ title and number, name and address of the Bidder, and closing date and time for receipt of Bids.

4.3 Bid Price Form – Exhibit 3: The Bid shall contain all price information in the format specified on the Bid Form. The Bidder shall complete the Bid Form only as provided in the Bid Pricing Instructions and the Bid Form. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form.

Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Department.

4.4 Required Bid Submissions: A Bidder shall include the following with its Bid:

A. Bidder Information Sheet (see Exhibit 7);

B. Acknowledgement of all addenda to this RFQ;

C. Minimum Qualifications Documentation: The Bidder shall submit any Minimum

Qualification documentation that may be required, as set forth in RFQ Section 1. If references are required in RFQ Section 1, those references shall be submitted in this section and contain the information described in both Section 1 and Exhibit 6.

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D. Completed Required Attachments. Submit one (1) copy of each with original signatures:

1. Mandatory Terms and Conditions for Purchase Orders (Exhibit 1)

2. Bid Affidavit (Exhibit 4)

3. Conflict of Interest Affidavit and Disclosure Form (Exhibit 5)

4. References (Exhibit 6)

4.6 Documents Required upon Notice of Recommended for Contract Award

A. Contract Affidavit (Exhibit 2) - to be completed and signed by the officer or employee authorized to make the offer and submitted within five (5) days after notification of recommendation for award.

5 Bid Evaluation and Award

5.1 Bid Evaluation Criteria: The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.02.13. All responsible Bidders will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Bid Price as submitted on the Exhibit 3 - Bid Form

5.2 Reciprocal Preference

A. Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

1. The Maryland resident business is a responsible Bidder;

2. The lowest responsive Bid is from a responsible Bidder whose principal office, or principal base of operations is in another state;

3. The other state gives a preference to its resident businesses through law, policy, or practice; and

4. The preference does not conflict with a federal law or grant affecting the procurement Contract.

B. The preference shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

5.3 Award Determination: Award will be made to the responsible Bidder who submits to the State the responsive Bid that has the lowest Total Bid Price.

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EXHIBIT 1 – MANDATORY TERMS AND CONDITIONS FOR PURCHASE ORDERS

ARTICLE 1 – INCORPORATION BY REFERENCE

These Mandatory Terms and Conditions for Purchase Orders along with all terms and conditions for Solicitation Number 23-JS-R02-O-001 / eMMA# BPM032305 and any amendments thereto, shall be incorporated and made part of the Purchase Order/Contract. Janitorial Services for the DJS Elkton, MD Office, 1/2/23 to 1/2/26.

A. The Procurement Officer may, at any time, by written order, make unilateral changes in the work within the general scope of the Contract. No other order, statement, or conduct of the Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this section. Except as otherwise provided in this Contract, if any change under this section causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work, whether or not changed by the order, an equitable adjustment in the Contract price shall be made and the Contract modified in writing accordingly. The Contractor must assert in writing its right to an adjustment under this section within thirty (30) days of receipt of written change order and shall include a written statement setting forth the nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract. Failure to agree to an adjustment under this section shall be a dispute under the Disputes clause. Nothing in this section shall excuse the Contractor from proceeding with the Contract as changed.

B. Without limiting the rights of the Procurement Officer under Section A above, the Contract may be modified by mutual agreement of the parties, provided: (a) the modification is made in writing;

(b) all parties sign the modification; and (c) all approvals by the required agencies as described in COMAR Title 21, are obtained. Modifications may not significantly change the scope of the Contract (including the Contract price).

ARTICLE 2 – TAX EXEMPTION

The State 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.

ARTICLE 3 – SPECIFICATIONS

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

ARTICLE 4 – DELIVERY AND ACCEPTANCE

Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor's control. The State unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The State reserves the right to test any materials, equipment, supplies, or services

Small Procurement RFQ for the Department of Juvenile Services Page 15 of 41 delivered to determine if the specifications have been met. The 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. The State 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.

ARTICLE 5 – NON-HIRING OF OFFICIALS AND EMPLOYEES

No official or employee of the State, as defined under State Government Article, §15-102, Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this contract shall, during the pendency or 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.

ARTICLE 6 – NON-DISCRIMINATION

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

ARTICLE 7 – FINANCIAL DISCLOSURE

The Contractor shall comply with State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State and receives in the aggregate $100,000 or more during a calendar year shall, within 30 days of the time when the $100,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business.

ARTICLE 8 – POLITICAL CONTRIBUTION DISCLOSURE

The Contractor shall comply with Election Law Article, §§14-101—14-108, Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland or a political subdivision of the State, including its agencies, during a calendar year in which the person receives in the aggregate $100,000 or more, shall file with the State Administration Board of Election Laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

ARTICLE 9 – 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.

ARTICLE 10 – REGISTRATION

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201, before doing any

Small Procurement RFQ for the Department of Juvenile Services Page 16 of 41 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.

ARTICLE 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 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 employee or agent, any fee or any other consideration contingent on the making of this agreement.

ARTICLE 12 – EPA COMPLIANCE

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

ARTICLE 13 – OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.)

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

ARTICLE 14 – 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 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).

ARTICLE 15 – 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 21.01.01.011B.

ARTICLE 16 – 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.

ARTICLE 17 – TERMINATION FOR NONAPPROPRIATION

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

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ARTICLE 18 – 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.

ARTICLE 19 – MARYLAND LAW PREVAILS

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

ARTICLE 20 – CONTRACTOR’S INVOICES

Contractor agrees to include on the face of all invoices billed to the State, its Taxpayer Identification Number, which is the Social Security Number for individuals and sole proprietors and the Federal Employer Identification Number for all other types of organizations.

ARTICLE 21 – 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.

ARTICLE 22 – INDEMNIFICATION

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

ARTICLE 23 – CONFLICTING TERMS

Any proposal for terms in addition to or different from those set forth in this Contract or any attempt by the Contractor to vary any of the terms of this offer by Contractor's acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor's assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this purchase order may not be waived.

ARTICLE 24 – DRUG AND ALCOHOL FREE WORKPLACE

The Contractor warrants that it shall comply with COMAR 21.11.08, and that the Contractor shall remain in compliance throughout the term of this Contract.

ARTICLE 25 – COMMERCIAL NONDISCRIMINATION CLAUSE

A. As a condition of entering into this Agreement, Contractor represents and warrants that it will comply with the State's Commercial Nondiscrimination Policy, as described under State Finance and Procurement

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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 Agreement and may result in termination of this Agreement, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

B. The Contractor shall include the provision in §A of this regulation in all subcontracts to the State contract.

C. As a condition of entering into this Agreement, upon the request of the Commission on Civil Rights, and 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 Contractor 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 Agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

ARTICLE 27 – COST AND PRICE CERTIFICATION

By submitting cost or price information, the Contractor certifies to the best of its knowledge that the information submitted is accurate, complete, and current on the date the Contractor submitted its financial information to the State.

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, on the date the Contractor submitted its financial information to the State, was inaccurate, incomplete, or not current.

ARTICLE 28 – SUBCONTRACTING; ASSIGNMENT

The Contractor may not subcontract any portion of the services provided under this Contract without obtaining the prior written approval of the State, nor may the Contractor assign this Contract or any of its rights or obligations hereunder, without the prior written approval of the State. Any such subcontract or assignment shall be subject to any terms and conditions that the Department deems necessary to protect the interests of the State. In the event that written approval is granted and services are subcontracted or rights or obligations are assigned, the Contractor shall guarantee that the subcontractor or assignee shall comply with all provisions of this contract. No such subcontract or assignment shall be deemed to provide for the incumbent of any obligation of the State in addition to those agreed upon in this Contract.

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The Department shall not be responsible for the fulfillment of the Contractor's obligations to subcontractors.

ARTICLE 29 – RETENTION OF RECORDS

The Contractor and any of its subcontractors shall retain and maintain all records and documents relating to this Contract for five (5) years after final payment by the State hereunder or any applicable statute of limitations, 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. In addition, where applicable and pursuant to 42 Code of Federal Regulations (C.F.R.), Part 420, the Contractor shall retain until the expiration of five (5) years after the services are furnished under this contract such books, records and documents as required by those regulations and shall allow access to such books, documents and records as required by those regulations and require its subcontractors to comply with the requirements of this Article.

ARTICLE 30 – COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that it is qualified to do business in the State of Maryland and that it will take such action as, from time to time, may be necessary to remain so qualified; that 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; that it shall keep itself informed of and comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract including the Family and Medical Leave Act and the Americans With Disabilities Act, as amended; and that 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.

ARTICLE 31 – LIABILITY FOR LOSS OF DATA

In the event of loss of any data or records necessary for the performance of this Contract where such loss is due to the error or negligence of the Contractor, the Contractor shall be responsible, irrespective of cost to the Contractor, for recreating such lost data or records.

ARTICLE 32 – YOUTH RECORDS AND COMMUNICATION WITH THE COURTS

All records that are created or received by the Contractor and contain information pertaining or referring to youth currently or having been in the custody of the Contractor are confidential and shall not be disclosed to any entity other than the Department or as otherwise permitted by law.

The Department shall be responsible for all communication with the juvenile Courts with respect to any youth served under this Contract. The Contractor may not initiate direct contact or communicate with the juvenile Court without the express permission of the Department, except where required to do so by law.

ARTICLE 33 – BACKGROUND INVESTIGATIONS

Where applicable, the Contractor shall complete criminal background investigations pursuant to Sections 5-560 through 5-568 of the Family Law Article of the Annotated Code of Maryland and to any applicable laws and Departmental policies. In addition, where applicable, the Contractor must submit to Child

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Protective Services clearances in accordance with COMAR 14.31.06.05.A(4)(a)(ii) and to any applicable laws and Departmental policies.

ARTICLE 34 – DATA, RESEARCH, AND EVALUATION

Where activities supported by this Contract produce non-identifiable records as to client original data, materials, reports, pictorial reproductions, drawings or other graphical representations and works of any similar nature, Juvenile Services has the right to use, duplicate and disclose such non-identifiable records, in whole or in part, in any manner for any purpose whatsoever and have others do so. The Contractor shall not release the results of any study or report or other materials resulting therefrom without the express written consent of Juvenile Services. Further, these materials may not be distributed by the Contractor without the express written consent of Juvenile Services and in accordance with applicable statutes and regulations. If the material is copyrightable, the Contractor may copyright such material only with the express written approval of Juvenile Services.

The Contractor may not engage in, retain or request another to engage in any research projects involving youth without the prior written consent of Juvenile Services. In every case, the Contractor shall conform to any protocol established by State or Federal law and regulations and shall obtain the written informed consent of each youth who is a subject of a research project prior to the youth's participation as a subject.

ARTICLE 35– INSPECTION OF PREMISES

The Contractor agrees to permit authorized officials of the State to inspect at reasonable times the plant, place of business, job site of the Contractor or of any subcontractor, or any other location that is related to the performance of the Contract. Such inspections shall include general inspections and performance audits of the Contractor or its subcontractors by officials designated by the Secretary of Juvenile Services or his designee.

ARTICLE 36 – ADMINISTRATION

The work to be accomplished under this Contract shall be performed under the direction the Secretary of Juvenile Services or his designee. All matters relating to the administration and performance of this Contract shall be referred for determination to the Secretary of his designee.

BY MY SIGNATURE, AS A REPRESENTATIVE OF THE CONTRACTOR, I ACCEPT THE

TERMS AND CONDITIONS STATED ABOVE.

By:

Signature Date

Name Typed

Organization

EXHIBIT 2 – CONTRACT AFFIDAVIT

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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 OF REGISTRATION OR QUALIFICATION WITH THE STATE

DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT:

The business named above is a (check applicable box):

(1) Corporation — domestic or foreign;

(2) Limited Liability Company — domestic or foreign;

(3) Partnership — domestic or foreign;

(4) Statutory Trust — domestic or foreign;

(5) Sole Proprietorship.

and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:

Name and Department ID Number: Address:

and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that…