SRA 23-107 - Shredding and Recycling.pdf

SRA 23-107 Shredding and Recycling Services IFB Procurement i

STATE OF MARYLAND

MARYLAND STATE RETIREMENT AGENCY (AGENCY)

INVITATION FOR BIDS (IFB)

SHREDDING AND RECYCLING SERVICES

IFB NUMBER SRA 23-107

ISSUE DATE: FEBRUARY 27, 2023

NOTICE TO BIDDERS

THIS IS DESIGNATED AS A SMALL PROCUREMENT

NOTICE

A Prospective Bidder that has received this document from a source other than eMaryland Marketplace Advantage

(eMMA) https://emma.maryland.gov/ , should register on eMMA.

https://emma.maryland.gov/ ii

STATE OF MARYLAND

MARYLAND STATE RETIREMENT AGENCY

IFB KEY INFORMATION SUMMARY SHEET

Small Procurement Bid: SERVICE: SHREDDING AND RECYCLING SERVICES

Solicitation Number: SRA 23-107

Bid Issue Date: February 27, 2023

Bid Issuing Office: Maryland State Retirement Agency

Procurement Officer: Audrey Torriente

Maryland State Retirement Agency 120 East Baltimore Street, Room 1602 Baltimore, Maryland 21202

Phone: 410-625-5656 e-mail: atorriente@sra.state.md.us

Contract Monitor: Lawrence Banks Maryland State Retirement Agency

120 East Baltimore Street, 15th Floor Baltimore, Maryland 21202

Phone: 410-625-2370 Fax: 410-468-1703 e-mail: lbanks@sra.state.md.us

Bids are to be emailed to: procurement@sra.state.md.us Attention: Audrey Torriente

Bid Due (Closing) Date and Time: March 6, 2023 @ 2:00p.m. Local Time

Procurement Type: Small Procurement

Contract Type: Indefinite quantity contract with firm fixed unit prices as defined in

COMAR 21.06.03.06.A(2).

Contract Duration: Three (3) years starting on or about March 13, 2023, with no renewal options mailto:procurement@sra.state.md.us iii

TABLE OF CONTENTS – IFB

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.2 Abbreviations and Definitions

1.3 Contract Type

1.4 Contract Duration

1.5 Procurement Officer and Contract Monitor

1.6 Questions

1.7 Procurement Method

1.8 Bids Due (Closing) Date and Time

1.9 Award Basis

1.10 Revisions to the IFB

1.11 Cancellations

1.12 Mandatory Contractual Terms and Conditions

1.13 Verification of Registration and Tax Payment

1.14 Payments by Electronic Funds Transfer

1.15 Conflict of Interest Affidavit and Disclosure

1.16 Non-Disclosure Agreement

1.17 Small Procurement Designation

SECTION 2 – MINIMUM QUALIFICATIONS

2.1 Bidder Minimum Qualifications

SECTION 3 – SCOPE OF WORK

3.1 Scope of Work - Requirements

3.2 Security Requirements

3.3 Insurance Requirements

3.4 Invoicing

SECTION 4 – BID FORMAT

4.1 One Part Submission

BID ATTACHMENTS

ATTACHMENT A – BID PRICING INSTRUCTIONS

ATTACHMENT B – BID PRICING FORM

ATTACHMENT C – NON-DISCLOSURE AGREEMENT

ATTACHMENT D – CONTRACT

ATTACHMENT E – REFERENCE

ATTACHMENT F – CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

APPENDIX 1. BIDDER INFORMATION SHEET

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

The Maryland State Retirement Agency (Agency), on behalf of the Maryland State Retirement and Pension System (System), is issuing this solicitation for the purposes of providing secure offsite document shredding and recycling services, as further described in this IFB. The Agency intends to make a single award as a result 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. Contractor requirements are set forth in Section 3 of this IFB.

The Agency intends to make a single award as a result of this Bid. No portion of the services under this Contract may be subcontracted by the Contractor.

1.2 Abbreviations and Definitions

For purposes of this IFB, the following abbreviations or terms have the meanings indicated below:

1. Bid – The Bidder’s Bid.

2. Bidder – An entity that submits a Bid in response to this IFB.

3. Bid Pricing Form or Bid Form - The Attachment B Bid Pricing Form.

4. Business Day(s) – The official working days of the week to include Monday through Friday. Official working days excluding State Holidays (see definition of “Normal State Business Hours” below).

5. COMAR – Code of Maryland Regulations available on-line at http://www.dsd.state.md.us/COMAR/ComarHome.html.

6. Contract – The Contract awarded to the successful Bidder pursuant to this IFB. The Contract will be in the form of Attachment D.

7. Contract Monitor – The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract and achieving completion of the Contract on budget, on time, and within scope. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor’s responsibilities. The Agency may change the Contract Monitor at any time by written notice to the Contractor.

8. Contractor – The selected Bidder that is awarded a Contract by the State.

9. Contractor Personnel – Employees and agents and subcontractor employees and agents performing work at the direction of the Contractor under the terms of the Contract awarded from this IFB.

10. Invitation for Bids (IFB) – This Invitation for Bids issued by the Maryland State Retirement Agency (Agency), with the Solicitation Number and date of issuance indicated in the Key Information Summary Sheet, including any amendments thereto.

http://www.dsd.state.md.us/COMAR/ComarHome.html

11. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.

12. Maryland State Retirement Agency or (SRA or the “Agency”).

13. Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through Friday except State Holidays, which can be found at: www.dbm.maryland.gov – keyword: State Holidays.

14. Notice to Proceed (NTP) – A written notice from the Procurement Officer that work under the Contract, project, Task Order or Work Order (as applicable) is to begin as of a specified date. The NTP Date is the start date of work under the Contract, project, Task Order or Work Order. Additional NTPs may be issued by either the Procurement Officer or the Contract Monitor regarding the start date for any service included within this solicitation with a delayed or non-specified implementation date.

15. NTP Date – The date specified in an NTP for work on a Contract, project, Task Order or Work Order to begin.

16. Personally Identifiable Information (PII) – Any information about an individual maintained by the State, including (1) any information that can be used to distinguish or trace an individual identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and (2) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information.

17. Procurement Officer – Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation. After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment D) and is the only State representative who can authorize changes to the Contract. The Agency may change the Procurement Officer at any time by written notice to the Contractor.

18. Security Incident – A violation or imminent threat of violation of computer security policies, security measures, acceptable use policies, or standard security practices. “Imminent threat of violation” is a situation in which the organization has a factual basis for believing that a specific incident is about to occur.

19. Security or Security Measures – The technology, policy and procedures that a) protects and b) controls access to networks, systems, and data.

20. Sensitive Data - Means PII;PHI; other proprietary or confidential data as defined by the State, including but not limited to “personal information” under Md. Code Ann., Commercial Law § 14-3501(e) and Md. Code Ann., St. Govt. § 10-1301(c) and information not subject to disclosure under the Public Information Act, Title 4 of the General Provisions Article; and information about an individual that (1) can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records; or (2) is linked or linkable to an individual, such as medical, educational, financial, and employment information.

21. State – The State of Maryland.

22. Total Bid Price - The Bidder’s bid price or evaluated bid price for goods and services in response to this solicitation, included in Attachment B – Bid Pricing Form.

1.3 Contract Type

The Contract will be an indefinite quantity contract with firm fixed unit prices as defined in COMAR 21.06.03.06.A(2).

1.4 Contract Duration

1.4.1 The duration of the Contract will be for the period of three (3) years, with no renewal options, from the Notice to Proceed (see Section 1.2 definition) for the provision of all services required by the Contract and the requirements of this solicitation.

1.4.2 The Contract that results from this solicitation shall commence as of the date the Contract is signed by the

Agency following any required approvals of the Contract.

1.4.3 As of the Notice to Proceed, anticipated to be on or about March 13, 2023, the Contractor shall perform all activities required by the Contract, including the requirements of this solicitation, and the Bid Pricing Form.

1.5 Procurement Officer and Contract Monitor

The Procurement Officer is the sole point of contact in the State for purposes of this solicitation prior to the award of any Contract. The name and contact information of the Procurement Officer are indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The Agency may change the Procurement Officer at any time by written notice.

The Contract Monitor is the State representative for this Contract who is primarily responsible for Contract administration functions after Contract award. The name and contact information of the Contract Monitor are indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The Agency may change the Contract Monitor at any time by written notice.

1.6 Questions

Questions to the Procurement Officer shall be submitted via e-mail prior to the Bid due date to the following e-mail address: procurement@sra.state.md.us. Please identify in the subject line the Solicitation Number and Title.

Time permitting, 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 Agency unless it issues an amendment in writing.

1.7 Procurement Method

This Contract will be awarded in accordance with the Competitive Sealed Bids method under COMAR 21.05.03 mailto:procurement@sra.state.md.us

1.8 Bids Due (Closing) Date and Time

Bids, in the number and form set forth in Section 4.1.1 “Required Bid Submissions,” must be received by the Procurement Office, no later than the Bid due date and time indicated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors) in order to be considered.

Requests for extension of this time or date will not be granted. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in this section will not be considered.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening.

Bids may not be submitted by facsimile.

1.9 Award Basis

A Contract shall be awarded to the responsible Contractor submitting a responsive Bid with the most favorable Total Bid Price for providing the goods and services as specified in this Bid. The most favorable Total Bid Price will be the lowest price total on Attachment B - Bid Form.

1.10 Revisions to the IFB

If it becomes necessary to revise this Bid before the due date for Bids, the Agency shall endeavor to provide addenda to all prospective Contractors that were sent this Bid, or which are otherwise known by the Procurement Officer to have obtained this Bid. In addition, addenda to the Bid will be posted on the Agency’s procurement web page and through eMMA. It remains the responsibility of all prospective Contractors to check all applicable websites for any addenda issued prior to the submission of Bids.

Failure to acknowledge receipt of an addendum does not relieve the Contractor from complying with the terms, additions, deletions, or corrections set forth in the addendum.

1.11 Cancellations

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

1.12 Mandatory Contractual Terms and Conditions

By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached herein as Attachment D. 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.

1.13 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. The SDAT website is https://businessexpress.maryland.gov/

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

1.14 Payments by Electronic Funds Transfer

By submitting a response to this solicitation, the Bidder 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 $100,000. The selected 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/Government_Services/State_Accounting_Information/Static_Files/APM/gadx- 10.pdf

1.15 Conflict of Interest Affidavit and Disclosure

Bidders shall complete and sign the Conflict-of-Interest Affidavit and Disclosure (Attachment F) and submit it with their Bid/Proposal. All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Contractor’s personnel who perform or control work under this Contract shall be required to complete agreements substantially similar to Attachment F - Conflict of Interest Affidavit and Disclosure. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

1.16 Non-Disclosure Agreement

1.16.1 Non-Disclosure Agreement (Contractor)

All Contractors are advised that this solicitation and any Contract(s) are subject to the terms of the Non- Disclosure Agreement (NDA) contained in this solicitation as Attachment C. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

1.17 Small Procurement Designation

The procedures set forth in COMAR 21.05.07 to obtain services for this solicitation are reasonably expected by the Procurement Officer to cost $50,000 or less.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

https://businessexpress.maryland.gov/ http://comptroller.marylandtaxes.com/Government_Services/State_Accounting_Information/Static_Files/APM/gadx-10.pdf http://comptroller.marylandtaxes.com/Government_Services/State_Accounting_Information/Static_Files/APM/gadx-10.pdf

SECTION 2 – MINIMUM QUALIFICATIONS

2.1 Bidder Minimum Qualifications

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

2.1.1 The Bidder shall have no less than three (3) years’ experience in providing similar or equivalent services as required by this contract. This experience shall have been within the last three (3) years. As proof of meeting this requirement, the Bidder shall provide with its Bid at least (3) references from the past three (3) years able to attest to the Bidder’s experience in providing these services.

2.1.2 The Bidder shall have a current National Association for Information Destruction (NAID) AAA certification.

A copy of the current certificate must be submitted with the bid.

SECTION 3 – SCOPE OF WORK

3.1 Scope of Work - Requirements

The Contractor shall:

3.1.1 Provide all required labor, materials and equipment to shred, remove and recycle sensitive paper from the

Agency. This shall include locked consoles where paper shall remain locked until the shredding process.

3.1.2 All recyclable materials shall be deposited by Agency employees and shall remain under lock and key during the shredding or removing process. The Contract Monitor at the Agency and the Contractor’s supervisor will be designated key holders and shall be the only individuals with access to all security keys to shredding containers during the entire contract period.

3.1.3 The Contractor shall pick up all filled locked containers from the designated offices and return empty locked containers back to the appropriate offices. Under this agreement each time a service is performed, the Contractor shall transport all filled locked containers of paper off SRA premises to a recycling center for shredding and destruction. The Contractor shall provide the Contract Monitor with a certificate of destruction after the documents have been completely shredded and destroyed.

3.1.4 Provide an annual purge service for the Agency. The purge service will include (but not be limited to) the purging of shredded paper documents and file boxes of miscellaneous documents that are stored within the Agency. The purge service will be determined by the Agency’s Contract Monitor.

3.1.5 Perform the services required under this agreement in a professional manner, since the information made available and use the same degree of care and skill ordinarily exercised in similar circumstances by reputable vendors performing comparable services. The Contractor shall provide to the Contract Monitor their policies and procedures for their shredding and destruction and recycling services.

3.1.6 The Contractor shall provide locking containers in accordance with the specifications referenced below.

Department Location / Floor Number of Bins

Procurement 16th floor / Room 1600 1 Finance Work Room 16th floor / Room 1655 1 Executive Workroom 16th floor / Room 1625 1 Office Services 15th floor / Room 1538 1 Data Control (Payroll) 15th floor / Room 1535 1 Data Control 15th floor / Room 1519 1 Benefits 15th floor / Room 1507 1 Member Services 14th floor / Room 1426 1 Legal Office 14th floor / Room 1417 1 Business Operations 14th floor / Room 1455 1 IT Department 13th floor / 2 Investments 12th floor / Room 1245 2 Empty Containers 15th floor / Hallway 7

3.1.7 Types of Paper Shredded: (Paper may include paper clips or staples)

The types of paper to be shredded shall include, but is not limited to:

Copier paper Computer paper Fax paper Ledger paper Card stock Regular envelopes Copier paper (ream) wrappers Adding machine tape Post-it Notes Telephone books Various manuals Magazines Catalogs Sales literature

3.1.8 Recycling

The Contractor shall agree to recycle all paper shredded at the Agency. Each time a service is performed under this agreement it shall be accompanied with a certificate of destruction stating that the paper was destroyed and transported to a facility where it will be processed further into recycled material.

3.1.9 Responsibilities

3.1.9.1 Agency Responsibilities:

3.1.9.1.1 The Agency shall designate a representative within the Agency to act as liaison between the Agency and the Contractor for coordination of activities of the Contractor and the facility and to receive instructions in the condition and operation of said equipment. The Contract Monitor is herein designated as such. The Agency reserves the right to change that designation. The representative shall have authority to carry out recommendations received from the Contractor in conjunction with the normal accomplishments of the Contractor. The Agency reserves final authority in acting on these recommendations.

3.1.9.1.2 Provide State closing information during inclement weather by ensuring that it is posted on the Department of Budget and Management website at www.dbm.maryland.gov.

http://www.dbm.maryland.gov/

3.2 Security Requirements

3.2.1 Employee Identification

(a) Each person who is an employee or agent of the Contractor shall display his or her company ID badge at all times while on State premises. Upon request of authorized State personnel, each such employee or agent shall provide additional photo identification.

(b) At all times at any facility, the Contractor’s personnel shall cooperate with State site requirements that include (but are not limited to), being prepared to be escorted at all times, providing information for badge issuance, and wearing the badge in a visible location at all times.

3.2.2 Information Technology

For purposes of this solicitation and the resulting Contract:

(a) "Sensitive Data” means information that is protected against unwarranted disclosure, to include Personally Identifiable Information (PII), Protected Health Information (PHI) or other private/confidential data, as specifically determined by the State. Sensitive Data includes information about an individual that (1) can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records; (2) is linked or linkable to an individual, such as medical, educational, financial, and employment information; (3) falls within the definition of “personal information” under Md. Code Ann., Com.

Law§ 14-1305(d); or (4) falls within the definition of “personal information" under Md. Code Ann., State Govt. § 10-1301(c).

(b) The Contractor, including any relevant subcontractor(s), shall implement administrative, physical, and technical safeguards to protect State data that are no less rigorous than accepted industry standards for information security, and shall ensure that all such safeguards, including the manner in which State data is collected, disposed of and disclosed, comply with applicable data protection and privacy laws as well as the terms and conditions of this solicitation and resulting Contract.

(c) Contractors shall comply with and adhere to the State IT Security Policy and Standards. These policies may be revised from time to time and the Contractor shall comply with all such revisions.

Updated and revised versions of the State IT Policy and Standards are available online at:

www.doit.maryland.gov – keyword Security Policy.

(d) The Contractor shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the State to connect Contractor-owned equipment to a State LAN/WAN.

3.2.3 Criminal Background Check

The Contractor shall obtain from each individual assigned to work on the Contract a 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. The Agency will obtain a criminal background check for each individual. The Agency reserves the right to reject any individual based upon the results of the background check.

http://www.doit.maryland.gov/

All individuals assigned by the Contractor to provide services at the Agency shall comply with access and related security and identification requirements of the Agency.

3.3 Insurance Requirements

3.3.1 The Contractor shall provide a copy with its bid of its current certificate of insurance showing the types and limits of insurance in effect as of the Bid submission date. The Contractor shall maintain Commercial General Liability Insurance with limits sufficient to cover losses resulting from, or arising out of, Contractor action or inaction in the performance of the Contract by the Contractor, its agents, servants, or employees.

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

3.4 Invoicing

3.4.1 General

A. The Contractor shall send the original of each invoice and signed authorization to invoice to the Contract

Monitor at e-mail address: lbanks@sra.state.md.us.

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

C. An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and .02) 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.

D. 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.

E. The Agency reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the Agency 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.

F. Any action on the part of the Agency, 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.

mailto:lbanks@sra.state.md.us

G. 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.

H. 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.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

SECTION 4 – BID FORMAT

4.1 One Part Submission

4.1.1 Bidders may submit Bids by electronic means as described.

a. Electronic means includes e-mail to the Procurement Officer address listed on the Key Information Summary Sheet.

b. Bidders shall submit all Minimum Qualification documentation, including a current National Association for Information Destruction (NAID) AAA certification (see Sections 1, 2 and Section 3).

The Bid shall contain all price information in the format specified on the Bid Form (Attachment B).

Complete the Bid Pricing Form only as provided in the Bid Pricing Instructions. Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Pricing Form. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and rejected by the Agency.

4.1.2 The following documents shall be completed, signed, and included with the Bid:

• Current Certificate of Insurance

• Attachment F – Conflict of Interest Affidavit

4.1.3 References

At least three (3) references (Attachment E) are requested from customers who are capable of documenting the Bidder’s ability to provide the services specified in this IFB. References used to meet any Bidder Minimum Qualifications (see Section 2) may be used to meet this request. Each reference shall be from a client for whom the Bidder has provided services within the past three (3) years and shall include the following information:

a. Name of client organization;

b. Name, title, telephone number, and e-mail address, if available, of point of contact for client organization; and

c. Value, type, duration, and description of services provided.

The Agency reserves the right to request additional references or to utilize references not provided by a Bidder.

SRA 23-107 Shredding and Recycling Services IFB Document

BID ATTACHMENTS

ATTACHMENT A – Bid Pricing Instructions Instructions on how to complete the Bid Pricing Form.

ATTACHMENT B – Bid Pricing Form The Bid Pricing Form must be completed and submitted with the Bid.

ATTACHMENT C – Non-Disclosure Agreement Forms These Attachments must be completed and submitted within five (5) Business Days of receiving notification of recommendation for award.

ATTACHMENT D – Contract This Attachment must be completed and submitted within five (5) Business Days of receiving notification of recommendation for award.

ATTACHMENT E – References As required (see Section 2.1.1), this Attachment must be completed and submitted with the Bid.

ATTACHMENT F – Conflict of Interest Affidavit and Disclosure As required (see Section 1.15), this Attachment must be completed and submitted with the Bid.

ATTACHMENT A – BID PRICING INSTRUCTIONS

In order to assist Contractors in the preparation of their Bid and to comply with the requirements of this solicitation, Bid Pricing Instructions and a Bid Form have been prepared. Contractors shall submit their Bid on the Bid Form in accordance with the instructions on the Bid Form and as specified herein. Do not alter the Bid Form or the Bid Form may be rejected. The Bid Form is to be signed and dated, where requested, by an individual who is authorized to bind the Contractor to the prices entered on the Bid Form.

The Bid Form is used to calculate the Contractor’s TOTAL BID PRICE. Follow these instructions carefully when completing your Bid Form:

A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct.

B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service identified in this Bid and may not be contingent on any other factor or condition in any manner.

C) All calculations shall be rounded to the nearest cent, i.e., .344 shall be .34 and .345 shall be .35.

D) Any goods or services required through this Bid and proposed by the vendor at No Cost to the State must be clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00.

E) Every blank in every Bid Form shall be filled in. Any blanks may result in the Bid being regarded as non-responsive and thus rejected. Any changes or corrections made to the Bid Form by the Contractor prior to submission shall be initialed and dated.

F) Except as instructed on the Bid Form, nothing shall be entered on or attached to the Bid Form that alters or proposes conditions or contingencies on the prices. Alterations and/or conditions usually render the Bid non-responsive, which means it will be rejected.

G) It is imperative that the prices included on the Bid Form have been entered correctly and calculated accurately by the Contractor and that the respective total prices agree with the entries on the Bid Form. Any incorrect entries or inaccurate calculations by the Contractor will be treated as provided in COMAR 21.05.03.03E and 21.05.02.12 and may cause the Bid to be rejected.

H) If option years are included, Contractors must submit pricing for each option year. Any option to renew will be exercised at the sole discretion of the State and will comply with all terms and conditions in force at the time the option is exercised. If exercised, the option period shall be for a period identified in the Bid at the prices entered in the Bid Form.

I) All Bid prices entered below are to be fully loaded prices that include all costs/expenses associated with the provision of services as required by the Bid. The Bid price shall include, but is not limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitation. No other amounts will be paid to the Contractor. If labor rates are requested, those amounts shall be fully loaded rates; no overtime amounts will be paid.

J) Unless indicated elsewhere in the Bid, sample amounts used for calculations on the Bid Form are typically estimates for bidding purposes only. The Agency does not guarantee a minimum or maximum number of units or usage in the performance of this Contract.

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

ATTACHMENT B – BID PRICING FORM

BID PRICING FORM

The Bid Pricing Form shall contain all price information in the format specified on these pages. Complete the Bid Pricing Form only as provided in the Bid Pricing Instructions. Do not amend, alter or leave blank any items on the Bid Pricing Form. Failure to adhere to any of these instructions may result in the Bid being determined not reasonably susceptible of being selected for award.

Name of Bidder

Part I – Price Per 96 Gallon

Locking Bin (200 – 300 lb. limit per Bin) (Column A)

Number of Bins Per Month (Column B)

Number of

Months (Column C)

Col A x Col B x Col C

$ 21 36 $

Subtotal (Part I): $

Part II - Price Per Annual Purge

(9,000 lb. limit per Purge) (Column A)

Number of Purges Per

Year (Column B)

Number of

Years (Column C)

Col A x Col B x Col C

$ 1 3 $

Subtotal (Part II): $

Total (Part I + Part II) $

SUBMITTED BY:

Authorized Signature: Date:

Printed Name and Title:

Bidder Name :

Bidder Address:

Location(s) from which services will be performed (City/State):

FEIN: eMMA # Bidder Contact Information: Telephone: ( ) -- Fax: ( ) --

E-mail:

ALTERNATE CONTACT:

Printed Name and Title:

Contact Information: Telephone: ( ) -- _ Fax: ( ) --

ATTACHMENT C – NON-DISCLOSURE AGREEMENT

SRA 23-107 SHREDDING AND RECYCLING SERVICES

THIS NON-DISCLOSURE AGREEMENT (“Agreement”) is made as of this ___ day of ______________, 20___, by and between the State of Maryland (the “State"), acting by and through the Maryland State Retirement Agency (the “Agency”) and ________________________________________ (“Contractor”), Federal Tax Identification Number _____________, company address _______________________________________________.

RECITALS

WHEREAS, in order for the Contractor to perform the work required under the Agreement, it will be necessary for the State to provide the Contractor and the Contractor’s employees and agents (collectively the “Contractor’s Personnel”) with access to certain confidential information (the “Confidential Information”).

NOW, THEREFORE, in consideration of being given access to the Confidential Information in connection with the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties do hereby agree as follows:

1. Confidential Information means any and all information provided by or made available by the State to the Contractor in connection with the Agreement, regardless of the form, format, or media on or in which the Confidential Information is provided and regardless of whether any such Confidential Information is marked as such. Confidential Information includes, by way of example only, information that the Contractor views, takes notes from, copies (if the State agrees in writing to permit copying), possesses or is otherwise provided access to and use of by the State in relation to the Agreement.

2. Contractor shall not, without the State’s prior written consent, copy, disclose, publish, release, transfer, disseminate, use, or allow access for any purpose or in any form, any Confidential Information provided by the State except for the sole and exclusive purpose of performing under the Agreement. Contractor shall limit access to the Confidential Information to the Contractor’s Personnel who have a demonstrable need to know such Confidential Information in order to perform under the Agreement and who have agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information.

3. If the Contractor intends to disseminate any portion of the Confidential Information to non-employee agents who are assisting in the Contractor’s performance of the Agreement or who will otherwise have a role in performing any aspect of the Agreement, the Contractor shall first obtain the written consent of the State to any such dissemination. The State may grant, deny, or condition any such consent, as it may deem appropriate in its sole and absolute subjective discretion.

4. Contractor hereby agrees to hold the Confidential Information in trust and in strictest confidence, to adopt or establish operating procedures and physical security measures, and to take all other measures necessary to protect the Confidential Information from inadvertent release or disclosure to unauthorized third parties and to prevent all or any portion of the Confidential Information from falling into the public domain or into the possession of persons not bound to maintain the confidentiality of the Confidential Information.

5. Contractor shall promptly advise the State in writing if it learns of any unauthorized use, misappropriation, or disclosure of the Confidential Information by any of the Contractor’s Personnel or the Contractor’s former Personnel. Contractor shall, at its own expense, cooperate with the State in seeking injunctive or other equitable relief against any such person(s).

6. A breach of this Agreement by the Contractor or by the Contractor’s Personnel shall constitute a breach of the Agreement between the Contractor and the State.

7. Contractor acknowledges that any failure by the Contractor or the Contractor’s Personnel to abide by the terms and conditions of use of the Confidential Information may cause irreparable harm to the State and that monetary damages may be inadequate to compensate the State for such breach. Accordingly, the Contractor agrees that the State may obtain an injunction to prevent the disclosure, copying or improper use of the Confidential Information.

The Contractor consents to personal jurisdiction in the Maryland State Courts. The State’s rights and remedies hereunder are cumulative, and the State expressly reserves any and all rights, remedies, claims and actions that it may have now or in the future to protect the Confidential Information and/or to seek damages from the Contractor and the Contractor’s Personnel for a failure to comply with the requirements of this Agreement. In the event the State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys’ fees and disbursements) that are attributable, in whole or in part to any failure by the Contractor or any of the Contractor’s Personnel to comply with the requirements of this Agreement, the Contractor shall hold harmless and indemnify the State from and against any such losses, damages, liabilities, expenses, and/or costs.

8. Contractor and each of the Contractor’s Personnel who receive or have access to any Confidential Information shall execute a copy of an agreement substantially similar to this Agreement and the Contractor shall provide originals of such executed Agreements to the State, upon request.

9. The parties further agree that:

a. This Agreement shall be governed by the laws of the State of Maryland;

b. The rights and obligations of the Contractor under this Agreement may not be assigned or delegated, by operation of law or otherwise, without the prior written consent of the State;

c. The State makes no representations or warranties as to the accuracy or completeness of any Confidential Information;

d. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement;

e. Signatures exchanged by email attachment or facsimile are effective for all purposes hereunder to the same extent as original signatures; and

f. The Recitals are not merely prefatory but are an integral part hereof.

Contractor/ Contractor’s Personnel: Maryland State Retirement Agency

By: ______________________________________ By: _______________________________________

Printed Name: _____________________________ Printed Name: Martin Noven

Title: ____________________________________ Title: Executive Director

Date: Date:

APPROVED FOR FORM AND LEGAL SUFFICIENCY

THIS ____ DAY OF 20___.

ANDREA E. YOUNG

ASSISTANT ATTORNEY GENERAL

ATTACHMENT D – CONTRACT

Maryland State Retirement Agency (the “Agency”)

Shredding and Recycling Services

SRA 23-107

THIS CONTRACT (the “Contract”) is made this (“Xth”) day of (month), (year) by and between (Contractor’s name) and the STATE OF MARYLAND, acting through the MARYLAND STATE RETIREMENT AGENCY, on behalf of the MARYLAND STATE RETIREMENT AND PENSION SYSTEM.

Definitions:

In this Contract, the following words have the meanings indicated:

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

1.2 “COMAR” means Code of Maryland Regulations.

1.3 “Contractor” means the entity first named above whose principal business address is (Contractor’s primary address) and whose principal office in Maryland is (Contractor’s local address), whose Federal Employer Identification Number or Social Security Number is (Contractor’s FEIN), and whose eMaryland Marketplace vendor ID number is (eMMA Number).

1.4 “IFB” means the Invitation for Bids for Shredding and Recycling Services Solicitation #23-107, and any amendments, addenda, and attachments thereto issued in writing by the State.

1.5 “State” means the State of Maryland.

1.6 Capitalized terms not defined herein shall be ascribed the meaning given to them in the IFB.

2. Scope of Contract

2.1 The Contractor shall perform in accordance with this Contract and Exhibits 1-3, which are listed below and incorporated herein by reference. If there is any conflict between this Contract and the Exhibits, the terms of the Contract shall control. If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision:

1) The Contract (Attachment D)

2) The IFB – SRA 23-107

3) The Bid Pricing Form (Attachment B)

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

2.3 While the Procurement Officer may, at any time, by written change order, make unilateral changes in the work within the general scope of the Contract as provided in Section 2.2 above, the Contract may be modified by mutual agreement of the parties, provided: (a) the modification is made in writing; (b) all parties sign the modification; and (c) all approvals by the required agencies as described in COMAR Title 21, are obtained.

3. Period of Performance

3.1 Performance under this Contract shall commence on ______________, 20__ and shall be completed no later than , 20 .

4. Consideration and Payment

4.1 Compensation. The total compensation for services to be rendered by the Contractor shall not exceed

4.2 Method of Payment. The Agency shall pay the Contractor no later than thirty days after the Agency receives a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, State Finance and Procurement Article, Maryland Code, are prohibited.

4.3 Tax Identification Number. The Contractor's Federal Tax Identification Number is __________________________. The Contractor's Federal Tax Identification Number shall appear on all invoices submitted by the Contractor to the Agency for payment.

4.4 Procurement Officer. All contact between the Agency and the Contractor regarding all matters relative to this Contract shall be coordinated through the Procurement Officer.

5. General Conditions

5.1 Disputes.

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

5.2 Termination for Convenience.

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

5.3 Termination for Default.

If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the Agency may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

5.4 Termination for No appropriation.

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

5.5 Non-Discrimination.

The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law, including, but not limited to, the employment provisions of §13-219 and Title 19 of the State Finance and Procurement Article, Annotated Code of Maryland, and the Code of Maryland Regulations 21.07.01.08.

5.6 Indemnification.

5.6.1 The Contractor shall hold harmless and indemnify the State from and against any and all losses, damages, claims, suits, actions, liabilities, and/or expenses, including, without limitation, attorneys’ fees and disbursements of any character that arise from, are in connection with or are attributable to the performance or nonperformance of the Contractor, its employees and agents under this Contract.

5.6.2 This indemnification clause shall not be construed to mean that the Contractor shall indemnify the State against liability for any losses, damages, claims, suits, actions, liabilities, and/or expenses that are attributable to the sole negligence of the State or the State’s employees.

5.6.3 The State has no obligation to provide legal counsel or defense to the Contractor, its employees or agents in the event that a suit, claim, or action of any character is brought by any person not party to this Contract against the Contractor, its employees or agents as a result of or relating to the Contractor’s performance under this Contract.

5.6.4 The State has no obligation for the payment of any judgments or the settlement of any claims against the

Contractor, its employees or agents as a result of or relating to the Contractor’s performance under this Contract.

5.6.5 The Contractor shall immediately notify the Procurement Officer of any claim…