Rev IFB OEM_Construction and Agriculture Equipment and Parts.pdf

O.E.M. Construction and Agricultural Equipment Parts Solicitation #: BPM058056/ 001IT821553 IFB Document

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STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES, OFFICE OF STATE

PROCUREMENT ( DGS OSP)

INVITATION FOR BIDS (IFB)

STATEWIDE: O.E.M. CONSTRUCTION & AGRICULTURAL

EQUIPMENT AND PARTS

IFB NUMBER BPM058056/ 001IT821553

ISSUE DATE: JULY 21 2026

UPDATED: AUGUST 11, 2026

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND

TO THIS SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids O.E.M Construction and Agricultural Equipment and Parts Solicitation Number: BPM058056

IFB Issue Date: July 21, 2026 Updated: August 11, 2026

IFB Issuing Office: Office of State Procurement (OSP)

Procurement Officer: Enayatullah Rayhan 301 W. Preston St., M-4 Baltimore, MD 21201

Email:

Phone Number:

Enayatullah.rayhan@maryland.gov

410-767-5139

Bids are to be sent to: Submit on emma.maryland.gov under Solicitation Number BPM058056 To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid Conference: Not Applicable

Scheduled Site Visit Not Applicable

Questions Due Date and Time:

August 7, 2026, 2:00 pm Eastern Time

Bid Due (Closing) Date and Time:

August 25, 2026, 2:00 pm Eastern Time; September 8, 2026, 2:00 pm Eastern Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

MBE [[OR]] DBE

Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of 0 percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

0% for African-American MBEs;

0% for Asian-American MBEs;

0% for Hispanic-American MBEs; and

0% for Woman-Owned MBEs.

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of 0%

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Procurement Method:

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Indefinite Delivery Indefinite Quantity subject to price adjustment

Contract Duration: Five (5) Years with no Renewal Options

Primary Place of Performance:

Statewide

SBR Designation: No

Federal Funding: No

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

3.5 Contract Incorporation

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgment

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

3.13 Insurance Requirements

3.14 Usage Report

3.15 ELECTRONIC TRANSACTION FEE:

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

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4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

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

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Documents Required upon Notice of Recommendation for Contract

Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

A. The Contractor must be an Authorized Distributor of the manufacturer/product specified in this solicitation. As proof of meeting this qualification, the Bidder shall provide a current Letter of Authorization from the manufacturer on the manufacturer’s letterhead with its bid certifying that the distributor is authorized to sell in the State of Maryland.

B. The Letter of Authorization shall be current or less than twelve (12) months old. Each

Letter of Authorization shall provide the following information:

a. Manufacturer or distributor POC name for verification;

b. Manufacturer or distributor POC mailing address;

c. Manufacturer or distributor POC telephone number;

d. Manufacturer or distributor POC e-mail address; and

e. If available, a Re-seller Identifier.

C. The Bidder shall provide with its Bid "Attachment L Reference Checks" with one or more references filled out.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

The purpose of this Indefinite Quantity Indefinite Delivery contract is to obtain a source of Original Equipment Manufacturer (O.E.M.) Construction and Agricultural Equipment and Parts for the State of Maryland. It is the State's intent to award multiple contracts to the responsible Bidders submitting responsive bids.

Successful Vendor(s) shall be responsible for ensuring that the O.E.M. Construction and Agricultural Equipment and Parts supplied are in accordance with detailed specifications. The State reserves the right to inspect each equipment order and parts load prior to acceptance by the State, for compliance with the specifications herein.

Inspection may be made by an authorized representative of the State at the source of supply, point of delivery, or both.

It is the State’s intention to obtain goods and services, as specified in this IFB, from a contract between the selected Bidder and the State.

This IFB may result in multiple Contract awards. Awards shall be made on a line-item basis to the responsible Bidder submitting a responsive bid with the highest discount off of the current MSRP as listed in the manufacturer’s product or catalog for each line item, as determined by the Procurement Officer to be in the best interest of the State of Maryland. See Section 4.21 Bid Evaluation Criteria and Award Basis for additional Contract award information.

A Contract award does not guarantee that a Contractor will receive any minimum quantity of work, orders, or compensation under the Contract.

2.2 Background and Purpose

The purpose of this specification is to detail the minimum basic requirements for the provision of Original Equipment Manufacturer (O.E.M.) offered product line of equipment and repair and replacement parts for construction and agricultural management equipment including, but not limited to, equipment currently installed on State of Maryland Construction and Agriculture equipment. The Contractor shall be responsible for supplying OEM equipment and parts at each SHA, MDTA or other ordering state agency location listed in this solicitation. The contractor shall supply OEM equipment and parts to all State agencies under the same terms, conditions, and pricing set forth in this solicitation.

The Contract resulting from this solicitation will be for an indefinite quantity. Orders will be placed by the appropriate State agency on an as-needed basis. The State does not guarantee any minimum or maximum quantities.

All equipment and parts provided under a contract awarded as a result of this solicitation shall be Original Equipment Manufacturer (OEM).

OEM parts are required unless the specified manufacturer’s part has been discontinued or is no longer available from the manufacturer. In such cases, the Contractor may propose a substitute part only with prior written approval from the Procurement Officer or designee.

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Any proposed parts substitute must be recommended or approved by the original manufacturer as an equivalent replacement. The Contractor shall provide documentation from the manufacturer confirming (1) the discontinuation or unavailability of the OEM part, and (2) that the proposed substitute is an acceptable equivalent. No substitute parts shall be provided without such prior written approval.

The Contractor shall supply all OEM equipment and parts for construction and agricultural equipment covered under this contract that are currently available from the manufacturer, as well as any new or replacement equipment and parts introduced by the manufacturer during the term of the contract and any renewal periods.

All OEM part items shall be newly manufactured and delivered in the manufacturer’s original, unopened packaging, clearly labeled with the part number and contents.

After-market, remanufactured, or reconditioned parts are not permitted under this contract.

2.3 Contractor Responsibilities and Tasks

A. GENERAL

Refined: Contracts awarded as a result of this solicitation shall include all construction and agricultural equipment and parts available from each awarded manufacturer. The contract shall not be limited to specific model numbers or individual parts.

The manufacturers and equipment models identified in this solicitation are provided for informational purposes only to reflect the State’s current fleet composition.

Equipment may be added to or removed from the State’s fleet at any time, and the Contractor shall supply all applicable parts for awarded manufacturers regardless of specific model.

It is expected that bidders/contractors have knowledge of all applicable industry standards, laws, and regulations and possess an ability to distribute the equipment, products, or services to the State.

The state requires that all equipment are complete turn-key solutions, providing a combination of equipment, products and services, delivery, installation and training.

Safety Requirements. All equipment, attachments and accessories offered must comply with current applicable safety or regulatory standards or codes.

New Equipment and Products. Offered equipment and products must be new and current model.

Delivered and operational. All offered equipment and products must be delivered as a turn-key operational unit.

Training: The vendor and/or qualified factory technicians shall provide on-site training on the safe and proper operation of; equipment/service repair; and in-depth preventive maintenance of the equipment delivered.

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Warranty: All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. Warranty information and coverage must be provided to the using agency/end user.

Construction Equipment:

The primary focus of this section is on Construction Equipment with Related Attachments. This solicitation should NOT be construed to include construction services.

It is expected that the bidders will provide discounts on the manufacturers full product line or published catalog. The term “published” means information that is readily available within the manufacturers printed literature or website and that the bidder has verified the accuracy of the information.

The manufacturers and equipment models identified in this solicitation are provided for informational purposes only. Depending on specific requirements, agencies may order construction equipment, accessories or attachments from the manufacturers entire product line based on operational need.

Construction Equipment with Related Attachments, including, but not limited to, the following types of construction equipment are being solicited:

• Wheeled, tracked, and backhoe loaders;

• Motor graders;

• Wheeled and tracked excavators;

• Bulldozers, compactors, scrapers, articulated and rigid haulers; and,

• Related attachments such as augers, buckets, forks, grapples, etc.

Bidders may include related equipment, accessories, attachments and technology to the extent these solutions are ancillary or complementary to the equipment, products, or services being offered.

Agricultural Equipment:

The primary focus of this section is on Agricultural Equipment with Related Attachments.

It is expected that the bidders will provide discounts on the manufacturers full product line or published catalog. The term “published” means information that is readily available within the manufacturers printed literature or website and that the bidder has verified the accuracy of the information.

The manufacturers and equipment models identified in this solicitation are provided for informational purposes only. Depending on specific requirements, agencies may order agricultural equipment, accessories or attachments from the manufacturers entire product line based on operational need.

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Agricultural Equipment with Related Attachments, including, but not limited to, attachments, equipment and accessories designed or primarily intended for use in the maintenance of agricultural/right-of-way machinery and vegetation and forestry management such as:

• Flail, boom, rotary, wing, sickle, remote and slope mowers;

• Seeders, tillers, mulchers, and sprayers;

• Erosion control and ditch maintenance equipment;

O.E.M Parts:

The Contractor shall maintain an adequate inventory of parts to meet the delivery requirements specified in this solicitation. Any parts designated as “Special Order” must be clearly identified in the Contractor’s bid submission or catalog. Parts not identified as “Special Order” shall be considered in-stock items and must meet the required delivery timeframes. Failure to identify a part as “Special Order” shall not relieve the Contractor from meeting in-stock delivery requirements.

Contractors shall provide a percentage discount off the manufacturer’s published price list or catalog for parts and supplies for each manufacturer proposed. The percentage discount shall apply to all parts available from that manufacturer for the duration of the contract.

MANUFACTURER LIST:

1. Doosan Equipment and Parts

a. Front-End Loaders

b. Compact Excavators

c. Doosan Parts

d. All other Doosan Equipment offerings

2. Case Equipment and Parts

a. Front-End Loaders

b. Motor Graders

c. Rough Terrain Forklifts

d. Case Parts

e. All other Case offerings

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3. John Deere - Construction Equipment and Parts

a. Front-end Loaders

b. Motor Graders

c. Skid Steer/Compact Track Loaders

d. Mini/Midi Excavators

e. Rough Terrain Forklifts

f. John Deere Construction Parts

g. All other John Deere - Construction Equipment offerings

4. John Deere – Agricultural Equipment and Parts

a. 4 Series Tractors

b. 5 Series Tractors

c. 6 Series Tractors

d. Gators

e. John Deere Agricultural Parts

f. All other John Deere – Agricultural Equipment offerings

5. JCB Equipment and Parts

a. Front-End Loaders

b. Rough Terrain Forklifts

c. Compact Excavators

d. Hydradig

e. Telehandlers

f. JCB Parts

g. All other JCB product offerings

6. Bobcat Equipment and Parts

a. Skid Steer Loader

b. Compact Excavators

c. Forklifts

d. Bobcat Parts

e. All other Bobcat product offerings

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7. Alamo Mowers and Parts

a. Alamo Parts

b. Full product line

8. Diamond Mower and Parts

a. Daimond Parts

9. Loadrite Scales

a. Loadrite Parts

b. Full product line

10. ACS Couplers

a. ACS Parts

b. Full product line

11. Hyundai Equipment and Parts

a. Front-end loaders

b. Compact Excavators

c. Hyundai Parts

d. All other Hyundai product offerings

12. Kubota Equipment and Parts

a. Cab Tractors – Full product line

b. Skid Steer Loader

c. Track loaders

d. RTV Utility Vehicles

e. Utility Tractors

f. Kubota Parts

g. All other Kubota product offerings

13. New Holland Equipment and Parts

a. Tractors

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b. Loaders

c. New Holland Parts

d. All other New Holland product offerings

14. JLG Equipment and Parts

a. Rough Terrain Forklift

b. Telehandlers

c. JLG Parts

d. All other JLG product offerings

15. Genie Equipment and Parts

a. Rough Terrain Forklift

b. Genie Parts

c. All other Genie product offerings

16. Energreen Equipment and Parts

a. Energreen Parts

b. Full Product Line

17. Caterpillar Equipment and Parts

a. Front-end Loaders

b. Motor Graders

c. Skid Steer/Compact Track Loaders

d. Mini/Midi Excavators

e. Caterpillar Parts

f. All other Caterpillar product offerings

18. ATMAX/Mowermax Equipment and Parts

a. ATMAX/Mowermax Parts

19. Wausau – SnoGo Equipment and Parts

a. Wausau - SnoGo Parts

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B. CONSTRUCTION AND AGRICULTURAL EQUIPMENT:

1 . DELIVERY & ACCEPTANCE

a. Successful vendor is to provide and estimated delivery timeframe to the ordering agency when a purchase order is issued.

b. Delivery and acceptance of ordered equipment will take place at each respective agency location identified.

c. Successful vendor shall submit invoice, Certificate of Origin/MSO, warranty papers, manuals and any other deliverables required by the ordering agency at delivery.

d. Equipment, attachments and accessories delivered under this bid, if awarded, which does not meet the specifications or is otherwise found to be defective, may be rejected at the bidder’s expense for correction and/or replacement.

2. CERTIFICATE OF ORIGIN

The purchasing agency shall require a certificate of origin for each unit at the time of delivery, when completing the Certificate of Origin, Distributor-Dealer Assignment section that the purchaser’s address be listed as follows:

State of Maryland Agency Agency Address

Agency City, State, Zip Code

The purchaser’s name may be abbreviated as follows if insufficient space for the above is a problem.

3. INVOICING:

The invoice shall have all proper elements required under state law must include the following information:

• Contract number;

• Purchase order number or full name of person placing the order if a credit card is used;

• Invoice number; and

• Invoice date dated the day of delivery to the respective agency.

All prices are to be quoted F.O.B. destination freight prepaid and allowed to any point within the State of Maryland. All shipping, handling and administrative charges are to be included in the bid pricing.

4. WARRANTY:

All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. Warranty information and coverage must be provided to the using agency/end user.

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This contract does not obligate the State of Maryland to purchase any minimum or maximum quantity thru the contract period. Orders for actual requirements may be more or less than listed. Orders as required will be placed direct to the supplier by the using authority indicating delivery and billing instructions.

C. O.E.M. PARTS GUARANTEE, AVAILABILITY AND DELIVERY

1. PARTS GUARANTEE

The bidder guarantees that the replacement parts offered are genuine, standard new stock products specifically designed and manufactured for use with original equipment; also, that no part will be substituted contrary to the manufacturer's recommendation. Every replacement part delivered will be guaranteed against faulty material and workmanship in accordance with the manufacturer's standard warranty. Any faulty part will be immediately replaced by the contractor without any cost to the State

2. PARTS AVAILABILITY

The Contractor shall maintain at least one (1) physical location within a 50-mile radius of the Baltimore Metropolitan area that is regularly stocked with, at a minimum, the parts identified in the Contractor Requirements: Scope of Work 2.3AThe Contractor shall supply in-stock parts within forty-eight (48) hours of receipt of the order. Emergency delivery and will-call pick-up options shall be available as specified in Section 2.3 D.

3. PARTS DELIVERY

1. Delivery Options

The Contractor shall provide the following delivery options:

a. Standard Delivery F.O.B. Destination delivery within:

• Forty-eight (48) hours for in-stock parts

• Seventy-two (72) hours for non-stock parts

b. Emergency Delivery For emergency orders, in-stock parts shall be delivered within four (4) hours of order placement.

c. Will-Call Pickup Parts shall be made available for pickup at the Contractor’s location.

2. Special Order Parts

Any parts identified in the Contractor Requirements: Scope of Work 2.3A that do not meet the delivery timeframes above must be designated as “Special Order” in the Contractor’s bid submission.

The Contractor shall provide an estimated delivery timeframe for all Special Order parts.

Failure to identify a part as “Special Order” in the bid submission shall not relieve the Contractor from meeting the required delivery timeframes for in-stock or non-stock parts.

3. Parts - Shipping and Charges

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No additional charges shall be permitted for transportation or delivery resulting from partial shipments made at the Contractor’s convenience when a single order is placed. Delivery instructions shall be specified by the ordering agency at the time of purchase.

4. Parts Delivery, Inspection, and Acceptance

Delivery, inspection, and acceptance of items may occur at any State agency location, including but not limited to MDOT SHA and MDOT MDTA facilities. The contractor shall supply OEM parts to all State agencies under the same terms, conditions, and pricing set forth in this solicitation.

5. Parts Invoicing:

The invoice shall have all proper elements required under state law must include the following information:

• Contract number;

• Purchase order number or full name of person placing the order if a credit card is used;

• Invoice number; and

• Invoice date dated the day of delivery to the respective agency.

All prices are to be quoted F.O.B. destination freight prepaid and allowed to any point within the State of Maryland. All shipping, handling and administrative charges are to be included in the bid pricing.

5. Parts Warranty Contractor shall provide the manufacturer’s standard warranty for all components and equipment against defects following acceptance by the Department of General Services. Within the warranty period, the Contractor shall guarantee to repair and/or replace all equipment as a result of defective material and cover one hundred percent (100%) parts and labor. The State or Ordering Agency shall not be required to deal with warranty issues with anyone other than the Contractor.

2.4 Supplemental Category of Work Requirements and Responsibilities See Appendix 3 – Commodity Supplemental associated with this solicitation.

1. Mercury and Products That Contain Mercury

This solicitation does not include the procurement of products known to likely include mercury as a component.

2. Green Purchasing Contractors must comply with Maryland’s Green Purchasing Reporting Requirements. See the Green Purchasing website for more information. Green Purchasing (maryland.gov)

The State of Maryland is committed to purchasing environmentally preferable products and services (EPPs). Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.”

https://dgs.maryland.gov/Pages/GreenPurchasing/Resources/Specifications.aspx

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Accordingly, Bidders/Offerors are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

The State of Maryland reserves the right to request from the Contractor quarterly sales data over the life of this contract. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services sold under this price agreement, as specified in the contract.

This information will enable Maryland State agencies to comply with Article §14–405 of the Annotated Code of Maryland and COMAR 21.13.01.14, effective October 1, 2014, which requires Maryland State agencies to report to the Department of General Services on their procurement of environmentally preferable products and services. To facilitate consistent reporting on targeted contracts, the Contractor will be provided with a VENDOR GREEN SALES REPORT template by the Maryland DGS.

Discount PercentageThe proposed discount percentage shall remain fixed for the duration of the Contract unless otherwise modified by the terms of the Contract. The discount shall be deemed inclusive of all costs associated with providing and delivering the parts.

7. 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.

8. Supplemental Specifications

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

9. 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 delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered FOB Destination 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. The Bidder/Offeror shall promptly replace Rejected materials. 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.

10. EPA Compliance

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

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11. Occupational Safety and Health Act (OSHA)

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.

12. 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 costs allowable, reasonable and allocable to the returned goods in accordance with COMAR

21.09. Contractor must provide written proof of claimed costs. 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.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

N/A

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. Contractor name and address;

B. Remittance address;

C. Federal taxpayer identification (FEIN) number, social security number, as appropriate;

D. Invoice period (i.e. time period during which services covered by invoice were performed);

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order or Purchase Order (PO) 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.

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3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year .

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

3.5 Contract Incorporation

The Blanket Purchase Order (BPO) issued as a result of this solicitation, and any subsequent amendments, modifications or options issued relevant to this solicitation or BPO, complies with all the terms, conditions and specifications issued with this solicitation and is incorporated in and made part of the Contract – see Exhibit 2 – Terms and Conditions.

3.6 Payments by Electronic Funds Transfer

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

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

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Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Terms and Conditions). Additional information is available on GOSBA’s website at:

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

3.8 Federal Funding Acknowledgment

This Contract does not contain federal funds.

There are programmatic conditions that apply to the Contract due to federal funding (see Attachment H).

3.9 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

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3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.13 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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

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

B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

C. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of MarylandThe State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

3.13.2 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for Office of State Procurement Page 23 of 30 days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

3.13.4 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.13.5 Subcontractor Insurance

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

3.14 Usage Report

A report shall be furnished by the successful bidder everyone one-hundred and twenty (120) days detailing the purchase of all items listed on the contract. The report shall be submitted electronically in Excel format. As a minimum, the report shall reflect the contract number, contract item number, the description, the dollar volume purchased of each item, agency identification, and the contract total. The report shall be filed within thirty (30) days after the end of each reporting period. Any exception to this mandatory requirement may result in the cancellation of the award. Failure to provide the report with the minimum required information may also negate any contract extension clauses. The usage report shall be emailed to the email address here:

dgs.statewidecontractsusagereport@maryland.gov

3.15 ELECTRONIC TRANSACTION FEE:

a. No later than forty-five (45) calendar days after the end of each monthly reporting period, the

Contractor shall remit to the State an electronic transaction fee equal to one percent (1%) of the total approved invoice amount for all accepted goods and services provided under the Contract during the applicable reporting period. The Contractor shall calculate the fee on the gross invoice amount, less any returns or credits. The Contractor may not charge the electronic transaction fee directly to a customer or identify it as a separate line item, fee, or surcharge on any invoice, and shall incorporate the fee into the Contract’s unit prices. For example, if the total approved invoice amount for a reporting period equals $10,000, the Contractor shall remit an electronic transaction fee of $100.

b. The Contractor shall submit the electronic transaction fee for the applicable reporting period by one of the two methods below:

1. via ACH: To send ACH payments, the Contractor must fill out the GAD X-10 Form and submit it to the Comptroller at GADACH@marylandtaxes.gov.

All ACH payments must include a note in the comments section that the payment is for “DGS 1% Fee.”

2. By check to the Office of State Procurement at the following address:

mailto:dgs.statewidecontractsusagereport@maryland.gov https://www.marylandcomptroller.gov/content/dam/mdcomp/md/state-accounting/forms/GADX10Form.pdf mailto:GADACH@marylandtaxes.gov

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Department of General Services, Fiscal Services Division

301 W. Preston Street, Room 1309

Baltimore, MD 21201

ATTENTION: For the Office of State Procurement

c. Simultaneously with the payment of the fee, the Contractor shall email Attachment Z -

Monthly Usage Report, documenting all accepted good or services for the reporting period to: dgs.statewidecontractsusagereport@maryland.gov.

d. If the Contractor fails to timely and accurately remit the electronic transaction fees, the State shall determine that the Contractor is in default under the Contract.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2026/02/Attachment-Z.-Monthly-Usage-Report.xlsx https://procurement.maryland.gov/wp-content/uploads/sites/12/2026/02/Attachment-Z.-Monthly-Usage-Report.xlsx mailto:dgs.statewidecontractsusagereport@maryland.gov

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (Conference)summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

N/A

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via eMMAonly no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

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

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

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

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

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

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.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Receipt, Opening and Recording of Bids

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

Bids shall be opened publicly at the time, date and place designated in the Key Information Summary Sheet.

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

4.7 Duration of Bids

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

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

4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

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

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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