Snow Removal - Multiple Locations1 JRT.docx

State of Maryland maryland department of labor (labor)

INVITATION FOR BIDS (IFB)

Snow Removal - Multiple Locations IFB Number BPM032485 Issue date: November 15, 2022

NOTICE TO BidderS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 4.2.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation.

NO BID NOTICE/VENDOR FEEDBACK FORM

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

Title: Snow Removal - Multiple Locations Solicitation No: BPM032485

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

· Other commitments preclude our participation at this time

· The subject of the solicitation is not something we ordinarily provide

· We are inexperienced in the work/commodities required

· Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

· The scope of work is beyond our present capacity

· Doing business with the State is simply too complicated. (Explain in REMARKS section)

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

· Time allotted for completion of the Bid 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: __________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS: ____________________________________________________________________________________ Vendor Name: ________________________________ Date: _______________________ Contact Person: _________________________________ Phone (____) _____ - _________________ Address: ______________________________________________________________________ E-mail Address: ________________________________________________________________ State of Maryland the department of labor (labor) Key Information Summary Sheet

Maryland Department of Labor e-mail:

Office Phone:

1100 N. Eutaw Street, Room 101 Jonicia.tucker@maryland.gov 410-767-2963

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Department of Labor 1100 N. Eutaw Street, Room 101 Baltimore, Maryland 21201

Facilities Manager Maryland Department of Labor 1100 N. Eutaw Street Baltimore, Maryland 21201 Willie.pack@maryland.gov 410-767-2314 (O) 410-241-1145 (C)

Southwest UI Center – 2800 W. Patapsco Ave Towson UI Center – 300 E. Towsontown Blvd College Park UI Center – 9829 Rhode Island Ave Eutaw Street – 1100 N. Eutaw Street

Table of Contents – IFB

Snow Removal - Multiple Locations Solicitation #: BPM032485 IFB Document

IFB for The Maryland Department of Labor Page 31 of 64

Minimum Qualifications Bidder Minimum Qualifications The Bidder must provide proof with its Bid that the following Minimum Qualifications have been met:

The Bidder shall have a minimum of three (3) years of successful snow removal services performance comparable in scope, type, size, magnitude, and complexity as required in the IFB. The Bidder must provide references that can substantiate this experience timely upon the request of the Procurement Officer.

As proof of meeting this requirement, the Bidder shall provide with its Bid a minimum of three (3) references of companies or organization for which the Bidder provided services in scope, type, size, magnitude, and complexity comparable to those specified in the Scope of Work. Each reference shall be from a client for whom the Bidder has provided services within the past five (5) consecutive years.

Each Reference must include:

a) Name and complete address of business or company,

b) Name of the contact person, email address, and current phone number

c) Term and length of each contract

d) Size and type of facility (square footage if possible)

e) Type of services provided

f) Names of supervisory personnel who will perform under the contract, specifying the length and type of experienced of each such personnel

g) Contract value

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Contractor Requirements: Scope of Work Summary Statement The Maryland Department of Labor (LABOR) or (“LABOR") is issuing this Invitation for Bids (IFB) to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the Maryland Department of Labor: Snow Removal – Multiple locations.

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.

Labor intends to make a single award for the work under this IFB. See IFB Section 4.9 Award Basis for more Contract award information.

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

Maryland State and local entities as defined in Finance and Procurement §13-110(a) and nonprofit entities within the State of Maryland may purchase from the Contractor goods or services covered by the Contract at the same prices chargeable to the State. All such purchases by non-executive branch entities, non-State governments, government agencies or nonprofit entities:

Shall constitute Contracts between the Contractor and that entity;

Shall not constitute purchases by the State or State agencies under the Contract;

Shall not be binding or enforceable against the State; and May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

All Contract prices, terms, and conditions must be provided to any Maryland local government or nonprofit entity requesting services under the Contract. The Contractor bears the risk of determining whether or not a government, agency or organization with which the Contractor is dealing is a State entity.

Background and Purpose The Maryland Department of Labor is issuing this solicitation for the purpose of providing snow removal services for multiple locations, as further described in this IFB. The agency intends to make a single aware because of the IFB. The overall purpose of this IFB is to provide information to vendors interested in preparing and submitting competitive sealed bids to meet the requirements for contractual services described herein. Bidder requirements are set forth in Section 3.1 of the IFB.

Project Overview LABOR will evaluate each offer separately and reserves the right to use one contractor to perform all or multiple services, if it is deemed in the best interest of the State. LABOR needs the services of a qualified Contractor(s) to provide the following tasks:

Snow/Ice Removal/Piling:

· The Contractor shall clear ice and snow from all designated areas and principal parking areas included vehicle entrances of Maryland Department of Labor as directed by a Maryland Department of Labor manager, or designee.

· The Contractor shall plow snow into piles at a designated onsite location as directed by a Maryland Department of Labor manager, or designee.

Salt Application:

· The Contractor shall provide de-icing materials to service areas only in conjunction with a storm accumulation 3” greater or when requested by the Maryland Department of Labor.

· The Contractor shall make decisions as to when and how much, material is to be applied is based on, but not limited to: Current ground temperature, Current weather forecasts from the National Weather Service and Future weather prediction.

· The Contractor shall be aware that weather conditions may change rapidly and with limited or no notice.

· The Contractor shall understand that changes in the weather conditions are an “Act of God” and should assume no liability as such.

Response Time:

On Call Status:

· A Maryland Department of Labor manager or designee will place the Contractor on an On-Call Status via verbal contact (phone call) with one or more of the Contractor’s designated key personnel. The Contractor shall be ready to begin snow/ice removal operations within no more than three (3) hours from the time of On-Call Status. The Contractor shall hold sufficient equipment and personnel necessary to perform services outline below for Active Status.

Active Status:

· The Contractor shall be placed in Active Status for the assigned locations as listed above via verbal arrangement (phone call) if the Maryland Department of Labor manage or designee determines that snow/ice removal services are necessary.

· The Contractor shall begin snow/ice removal within no more than three (3) hours of notice and Active Status shall continue until snow/ice removal is complete as directed by the Maryland Department of Labor manager or designee.

· The Contractor shall accept payment for a minimum of four (4) hours for on-call services from the Maryland Department of Labor.

· The Contractor shall accept payment for a minimum of three (3) hours for equipment for initial mobilization. The price will be at the Contractor's hourly rate.

· The Contractor shall be placed on an active status upon a minimum of three (3”) inches of snowfall or greater.

Key Personnel

· The Contractor shall provide the Maryland Department of Labor manager or designee with names and phone numbers of one or more essential personnel responsible for the supervision and/or performance of the work required by this agreement. Such personnel shall be available on a twenty-four (24) hour, seven (7) day per week basis.

· The Contractor shall provide a response time beginning from the initial verbal contact (phone call) from the Maryland Department of Labor manager, or designee to a member of essential personnel of the Contractor.

Clean Up:

· The Contractor shall be responsible for cleanup of all debris created by their snow/ice removal operation.

Equipment:

· The Contractor shall have the following equipment available for the performance of snow/ice removal service as defined in this agreement:

1) One (1) 4x4 pickup with plow attachment and salt spreader

2) One (1) rubber tire Bobcat when required

3) One (1) commercial snow blower for sidewalk cleaning

4) One (1) commercial walk behind salt spreaders

State Responsibilities

1. The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract. Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified.

1. The State is responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work and will provide such additional assistance and services as is specifically set forth.

1. The State is responsible for providing the Contractor with appropriate identification badges as well as vehicle identification while on Maryland Department of Labor properties, if required.

1. The State is responsible for providing the Contractor with a snow emergency schedule for the areas outlined for service.

Contractor Requirements: General Contract Initiation Requirements

1. Contractor shall schedule and hold a kickoff meeting within 10 Business Days of NTP Date. At the kickoff, the Contractor shall furnish an updated Project Schedule describing the activities for the Contractor, the State, and any third parties for fully transitioning to the Contractor’s solution.

1. The successful Contractor shall provide for an On-Site Supervisor who will represent the Contractor in all matters concerning this contract. The On-Site Supervisor must have a minimum of two (2) years of experience with snow removal supervision for services of a similar type and size as stated in the specifications herein.

Reserved General

1. The Contractor shall send OR e-mail the original of each invoice and signed authorization to invoice to the Contract Monitor and Account Payable at e-mail address: dllr.accountspayable@maryland.gov.

All invoices for services shall be verified by the Contractor as accurate at the time of submission.

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

8) State assigned (Blanket) Purchase Order number(s);

9) Goods or services provided;

10) Amount due; and

11) Any additional documentation required by regulation or the Contract.

b.) Invoices that contain both fixed price and time and material items shall clearly identify each item as either fixed price or time and material billing.

c.) The Maryland Department of Labor reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Maryland Department of Labor with 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.

d.) Any action on the part of the Labor, or dispute of action by the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.04.

e.) 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.

f.) 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.

Invoice Submission Schedule The Contractor shall submit invoices in accordance with the following schedule:

1. For items of work for which there is one-time pricing (see Attachment B –Bid Form) those items shall be billed in the month following the acceptance of the work by the LABOR.

1. For items of work for which there is annual pricing, see Attachment B–Bid Form, those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services.

Deliverable Invoicing [[Remove if payment is not by deliverable. Adjust as appropriate.]]

1. Deliverable invoices shall be accompanied by notice(s) of acceptance issued by the State for all invoices submitted for payment. Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf).

Payment for deliverables will only be made upon completion and acceptance of the deliverables as defined in Section 2.

For the purposes of the Contract an amount will not be deemed due and payable if:

1. The amount invoiced is inconsistent with the Contract;

1. The proper invoice has not been received by the party or office specified in the Contract;

1. The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

1. The item or services have not been accepted;

1. The quantity of items delivered is less than the quantity ordered;

1. The items or services do not meet the quality requirements of the Contract;

1. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

1. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or

1. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

Travel Reimbursement Travel will not be reimbursed under this IFB.

Liquidated Damages

THIS SECTION IS INAPPLICABLE TO THIS IFB.

MBE Liquidated Damages Inapplicable because there is no MBE goal for this IFB.

Liquidated Damages other than MBE

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Disaster Recovery and Data

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Data Export/Import

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Data Ownership and Access

THIS SECTION IS INAPPLICABLE TO THIS IFB.

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:

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

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

1. Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $1,000,000 annual aggregate.

1. Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000. The State of Maryland and the Maryland Department of Labor should be added as a “loss payee.”

1. Cyber Security / Data Breach Insurance – (For any service offering hosted by the Contractor) ten million dollars ($10,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

1. 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.

The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

All insurance policies shall be endorsed to include a clause requiring the insurance carrier 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 cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

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.

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.

Security Requirements The following requirements are applicable to the Contract:

Employee Identification

1. Contractor Personnel shall always display his or her company ID badge in a visible location while on State premises. Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification.

1. Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be always escorted, and providing information for State badge issuance.

1. Contractor shall remove any Contractor Personnel from working on the Contract where the State determines, in its sole discretion that Contractor Personnel has not adhered to the Security requirements specified herein.

1. The State reserves the right to request that the Contractor submit proof of employment authorization of non-United States Citizens, prior to commencement of work under the Contract.

Security Clearance / Criminal Background Check

1. The Contractor shall obtain from each prospective employee a signed statement permitting a criminal background check. The Contractor shall secure at its own expense a Maryland State Police and/or FBI background check and shall provide the Contract Monitor with completed checks on all new employees prior to assignment. The Contractor may not assign an employee with a criminal record to work under this contract unless prior written approval is obtained from the Contract Monitor.

1. The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub-paragraph A. This check may be performed by a public or private.

1. Contractor shall provide certification to Labor that the Contractor has completed the required criminal background check described in this IFB for each required Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check.

1. Contractor Personnel with access to systems supporting the State or to State data who have been convicted of a felony or of a crime involving telecommunications and electronics from the above list of crimes shall not be permitted to work on State premises under the Contract; Contractor Personnel who have been convicted within the past five (5) years of a misdemeanor from the above list of crimes shall not be permitted to work on State premises.

1. A particular on-site location covered by the Contract may require more restrictive conditions regarding the nature of prior criminal convictions that would result in Contractor Personnel not being permitted to work on those premises. Upon receipt of a location’s more restrictive conditions regarding criminal convictions, the Contractor shall provide an updated certification regarding the Contractor Personnel working at or assigned to those premises.

On-Site Security Requirement(s)

a) For the conditions noted below, Contractor Personnel may be barred from entrance or leaving any site until such time that the State’s conditions and queries are satisfied.

1. Contractor Personnel may be subject to random security checks when entering and leaving State secured areas. The State reserves the right to require Contractor Personnel to be accompanied while in secured premises.

2. Some State sites, especially those premises of the Department of Public Safety and Correctional Services, require each person entering the premises to document and inventory items (such as tools and equipment) brought onto the site, and to submit to a physical search of his or her person. Therefore, Contractor Personnel shall always have available an inventory list of tools being brought onto a site and be prepared to present the inventory list to the State staff or an officer upon arrival for review, as well as present the tools or equipment for inspection. Before leaving the site, the Contractor Personnel will again present the inventory list and the tools or equipment for inspection. Upon both entering the site and leaving the site, State staff or a correctional or police officer may search Contractor Personnel. Depending upon facility rules, specific tools or personal items may be prohibited from being brought into the facility.

a. Any Contractor Personnel who enter the premises of a facility under the jurisdiction of Labor may be searched, fingerprinted, (for the purpose of a criminal history background check), photographed and required to wear an identification card issued by Labor.

b. Further, Contractor Personnel shall not violate Md. Code Ann., Criminal Law Art. Section 9-410 through 9-417 and such other security policies of the agency that control the facility to which the Contractor Personnel seeks access. The failure of any of the Contractor Personnel to comply with any provision of the Contract is sufficient grounds for the State to immediately terminate the Contract for default.

Information Technology

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Data Protection and Controls

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Security Logs and Reports Access

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Security Plan

THIS SECTION IS INAPPLICABLE TO THIS IFB.

PCI Compliance

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Security Incident Response

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Data Breach Responsibilities

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Problem Escalation Procedure The Contractor must provide and 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.

The Contractor shall provide contact information to the Contract Monitor, as well as to other State personnel as directed should the Contract Monitor not be available.

The Contractor shall provide the PEP 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 PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

1. The process for establishing the existence of a problem;

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

1. 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;

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

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

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

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

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.

SOC 2 Type 2 Audit Report A SOC 2 Type 2 Report is not a Contractor requirement for this Contract.

Minority Business Enterprise (MBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Veteran Small Business Enterprise (VSBE) Reports

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Additional Clauses

THIS SECTION IS INAPPLICABLE TO THIS IFB.

1.1.1 No-Cost Extensions

In accordance with BPW Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

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Procurement Instructions Pre-Bid Conference A pre-Bid conference (Conference) will be held at the date, time, and location indicated on the Key Information Summary Sheet.

Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend to facilitate better preparation of their Bids. If the solicitation includes an MBE goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

It is highly recommended that ALL Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the requirements of the contract and the MBE Goal.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions (see Section 4.2.1 eMMA).

Attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

To assure adequate seating and other accommodations at the Conference, please e-mail the Pre-Bid Conference Response Form (Attachment A) no later than the time and date indicated on the form. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. The Maryland Department of Labor will make a reasonable effort to provide such special accommodation.

eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, 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.

In order 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.

Questions All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title BPM032485- Snow Removal - Multiple Locations), and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid due date. 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 will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the Maryland Department of Labor unless it issues an amendment in writing.

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

Bid Due (Closing) Date and Time Bids, in the number and form set forth in Section 5 Bid Format, 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.

Requests for extension of this date or time shall not be granted.

Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. 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.

The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

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.

Bids may not be submitted by e-mail or facsimile. Bids will be opened publicly at the date and time indicated on the Key Information Summary Sheet.

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

Multiple or Alternate Bids Multiple or alternate Bids will not be accepted.

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 IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). 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.

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

The Bids shall be tabulated, or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case, before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.

Award Basis A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR 21.05.02.13) for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. See IFB Section 6 for Bid evaluation and award information.

Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

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

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.

Revisions to the IFB If the IFB is revised before the due date for Bids, the Maryland Department of Labor shall post any addenda to the IFB on eMMA and shall endeavor 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 remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

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.

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

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).

If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be cancelled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

Incurred Expenses The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

Protest/Disputes Any protest or dispute related to this solicitation, or the Contract award shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

Bidder Responsibilities Bidders must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation.

If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this IFB (see Section 4.26 “MBE Participation Goal” and Section 4.27 “VSBE Goal”).

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

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

Acceptance of Terms and Conditions By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Attachment M. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

Bid/Proposal Affidavit A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment C of this IFB.

Contract Affidavit All Bidders are advised that if a Contract is awarded because of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment N of this IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

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

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

Verification of Registration and Tax Payment Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress.

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

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

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

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

1. Make a false or fraudulent statement or representation of a material fact.

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

A person may not aid or conspire with another person to commit an act under Section 4.22.1.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

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.

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/GADX10Form20150615.pdf.

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.