Statewide IFB for MealsReadytoEat & Humanitarian Daily Rations.pdf

Statewide: Meals-Ready-to-Eat and Humanitarian Daily

Rations

Solicitation #: BPM053649

IFB Document

IFB for The Department of General Services, Office of State Procurement Page 1 of 30

STATE OF MARYLAND

THE DEPARTMENT OF GENERAL SERVICES

(DGS)

INVITATION FOR BIDS (IFB)

STATEWIDE: MEALS-READY-TO-EAT AND HUMANITARIAN DAILY

RATIONS

IFB NUMBER BPM053649

ISSUE DATE: JUNE 5, 2026

NOTICE TO BIDDERS

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

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/ in order to respond to this Solicitation.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

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

IFB for The Department of General Services, Office of State Procurement Page 2 of 30

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Commodities - Statewide: Meals-Ready-to-Eat and Humanitarian Daily

Rations

Solicitation

Number:

BPM053649

IFB Issue Date: June 5, 2026

IFB Issuing

Office:

The Department of General Services (DGS or "the Department")

Procurement

Officer:

Tierra Ali-Said

Email:

Tierra.Ali-Said1@maryland.gov

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number BPM053649

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice

Feedback Form

If you are not submitting a bid for this solicitation, submit Appendix 1 –

No Bid Notice with your reasons why.

Pre-Bid

Conference:

Held virtually on June 17, 2026, at 11:30 AM Local Time

See Section 3.3 for additional details.

See Appendix 2 to RSVP by 2:00 PM Local Time on June 15, 2026

Questions Due

Date and Time:

June 24, 2026 at 2:00 PM, Local Time

Bid Due (Closing)

Date and Time:

July 6, 2026 at 2:00 PM, Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Appendix 1 - No Bid Notice/Vendor

Feedback Form).

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

IFB for The Department of General Services, Office of State Procurement Page 3 of 30

MBE

Subcontracting

Goal:

5%

VSBE

Subcontracting

Goal:

No

Procurement

Method:

A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

Multiple or

Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Indefinite Quantity, Indefinite Delivery with Fixed unit prices.

Contract

Duration:

Five (5) Year Base Period with Two (2) One-Year Renewal Option

Periods.

Primary Place of

Performance:

STATEWIDE – See Section 2.3

SBR Designation: No

Federal Funding: No

IFB for The Department of General Services, Office of State Procurement Page 4 of 30

Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Product Specifications

2.4 End of Contract Transition

2.5 Invoicing

2.5.1 Invoice Submission Schedule

2.5.2 Deliverable Invoicing

2.5.3 Travel Reimbursement

2.6 Liquidated Damages

2.6.1 MBE Liquidated Damages

2.6.2 Liquidated Damages other than MBE

2.6.3 Problem Escalation Procedure

2.7 Work Orders

2.8 Payments by Electronic Funds Transfer

2.9 Prompt Payment Policy

2.10 Federal Funding Acknowledgement

2.11 Conflict of Interest Affidavit and Disclosure

2.12 Non-Disclosure Agreement

2.12.1 Non-Disclosure Agreement (Bidder/Offeror)

2.12.2 Non-Disclosure Agreement (Contractor)

2.13 Maryland Healthy Working Families Act Requirements

2.14 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

2.15 Insurance Requirements

3 Bid Submission Information and Instructions

3.1 eMaryland Marketplace Advantage (eMMA)

3.2 Electronic Means

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3.3 Pre-Bid Conference

3.4 Questions

3.5 Bid Due (Closing) Date and Time

3.6 Receipt, Opening and Recording of Bids

3.7 Duration of Bids

3.8 Revisions to the IFB

3.9 Cancellations

3.10 Incurred Expenses

3.11 Protest/Disputes

3.12 Bidder Responsibilities

3.13 Acceptance of Terms and Conditions

3.14 Compliance with Laws/Arrearages

3.15 Verification of Registration and Tax Payment

3.16 False Statements

3.17 Confidentiality of Bids / Public Information Act Notice

3.18 Use of Bidder’s Form Not Binding on State

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

3.20 Bid Delivery Instructions

3.21 Award Basis and Assignment of Work

3.22 Tie Bids

3.23 Reciprocal Preference

3.24 Documents Required upon Notice of Recommendation for Contract Award (Table B)

4 IFB Appendices and Exhibits

4.1 Appendices (Table C)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. The Bidder shall have SUP Number issued by eMMA listed in Bid Response.

B. The Bidder shall be certified and have an “Active Status” in eMMA.

C. Pursuant to §7-201 et seq. of the Corporations and Associations Article of the Annotated

Code of Maryland, corporations not incorporated in the State shall be registered with the

State Department of Assessments and Taxation (SDAT) before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation. The website for the SDAT is https://www.egov.maryland.gov/businessexpress, e-mail address is charterhelp@dat.state.md.us, and phone numbers for the State Department of Assessments and Taxation are: (410) 767-1340 or (888) 246-5941.

D. The Bidder shall have at least three (3) years of experience in the supply and delivery of

Meals-Ready-to-Eat and Humanitarian Daily Rations to institutional customers and state agencies.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

https://www.egov.maryland.gov/businessexpress mailto:charterhelp@dat.state.md.us

IFB for The Department of General Services, Office of State Procurement Page 7 of 30

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods and delivery of goods as specified in this Section, for a contract between the successful Bidder(s) and the State of Maryland (“the

State”). The State intends to award multiple Indefinite Delivery Indefinite Quantity (IDIQ)

Contracts to Contractors who supply the State with Meals-Ready-to-Eat and Humanitarian

Daily Rations to disaster survivors or incident workforce personnel in austere environments.

The Meals-Ready-to-Eat (MRE) and Humanitarian Daily Rations (HDR) must be delivered within 24 - 48 hours for emergency requests to the delivery location as per the request and requirements of the Using Agency.

2.1.2 The State intends to make multiple awards to qualified Contractors capable of supplying and delivering MREs and HDRs to disaster survivors or incident response personnel operating in austere or emergency environments. Contractors shall be capable of delivering requested quantities within 24 to 48 hours of notification to locations specified by the Using Agency.

2.1.3 This is a multiple-award IFB. Contract awards will be made in accordance with the evaluation and award methodology described in Section 3.21 – Bid Evaluation Criteria and Award Basis.

2.1.4 Successful Contractor(s) shall be responsible for ensuring that the Meals-Ready-to-Eat and

Humanitarian Daily Rations are supplied and delivered in accordance with the Specifications listed in this IFB.

2.1.5 The State reserves the right to inspect each delivery prior to acceptance by the State at the source/quality of supply, point of delivery, or both. The purpose of this Solicitation is to award multiple Contracts for the supply and delivery of Meals-Ready-to-Eat and Humanitarian Daily

Rations throughout the State of Maryland. See IFB Section 3.21 Bid Evaluation Criteria and

Award Basis for more Contract award information.

2.1.6 A Contract award does not ensure a Contractor will receive all or any State business under the

Contract.

2.2 Background and Purpose

The Department of General Services, Office of State Procurement, is committed to serving the State of Maryland and its Agencies.

The Maryland Department of Emergency Management (MDEM) is the State Agency responsible for coordinating Maryland's response to disasters and large-scale emergencies, including planning, mitigation, response, and recovery efforts. It provides support to local governments, manages resources, and serves as the official source of information for the public on emergency preparedness.

During emergency operations, MDEM and other State agencies must be able to rapidly deploy essential supplies to support disaster survivors and incident response personnel.

The Department of General Services, Office of State Procurement, is issuing this Invitation for Bid to secure Statewide Contract(s) in preparation for large-scale disasters. As a result of an Award for this contract, the Contractor will provide Meals-Ready-to-Eat and Humanitarian Daily Rations, according to the specifications listed in Section 2.4 Contractor Responsibilities and Tasks.

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The Contractor(s) shall deliver Meals-Ready-to-Eat and Humanitarian Daily Rations to the designated delivery location, per the request of the Maryland Department of Emergency Management or its

Using Agency. MDEM or its Using Agency shall inspect the delivery of the Meals-Ready-to-Eat and

Humanitarian Daily Rations upon each executed delivery. Upon the successful delivery and satisfactory inspection of the Meals-Ready-to-Eat and Humanitarian Daily Rations, the Contractor shall submit an Invoice to the Maryland Department of Emergency Management. The Contractor shall provide the Using Agency with the required information located in Section 2.6 Invoicing.

The Contractor shall also provide the Using Agency with any required delivery documentation and information identified in Section 2.6.

These supplies may be required to support emergency response activities, disaster relief operations, or other situations where traditional food service is unavailable or impractical.

The resulting Contract(s) will enable MDEM and other authorized Using Agencies to procure and receive emergency meal supplies in a timely manner in accordance with the specifications outlined in

Section 2.4 – Specifications.

A. Due to the rapidly changing needs during an emergency response situation, it is possible that commodities may be moved several times, double stacked for storage, or stored outside during all types of weather. As such, the Contractor must complete the following for each order:

1. Package products to prevent spoilation and adhere to all other packing requirements.

2. Ensure that the Meals-Ready-to-Eat and Humanitarian Daily Rations are packaged to withstand handling and severe climates.

3. Provide a copy of the Bill(s) of Lading for each truck load delivered.

4. Bill of Lading (BOL): Each truck load delivered shall include the following on the BOL:

Contractor’s Name, Blanket Purchase Order Number or Purchase Order Number, Mission

Number (when applicable), Type of Commodity, Total Units delivered with the truck load, Date and Time the truck was dispatched, and a Section for the Using Agency to sign off to indicate the delivery was accepted.

5. The Using Agency may add additional packing requirements for each order and will specify any additional packing requirements when the order is placed.

B. During a declared State of Emergency in Maryland, orders placed under the resulting

Contract by MDEM or an authorized Using Agency shall receive priority over orders from other customers to the extent permitted by law. The Contractor shall not prioritize orders from other governmental entities, including federal agencies, or private sector customers in a manner that would delay fulfillment of orders placed by the State of Maryland under this

Contract during such emergency conditions.

C. Delivery: The Contractor must have the capacity to deliver to a State Logistics Staging Area, Local Staging Area, Local Commodity Point of Distribution or to a specific Location within the MEMA Region:

IFB for The Department of General Services, Office of State Procurement Page 9 of 30

1. During a declared State of Emergency or other emergency activation by the Maryland

Department of Emergency Management (MDEM), the State may require expedited delivery of

Meals-Ready-to-Eat (MREs) and Humanitarian Daily Rations (HDRs) to support disaster response operations. Delivery timeframes may range from twenty-four (24) hours up to fourteen

(14) days after receipt of an order from MDEM or an authorized Using Agency.

D. Bidders shall identify the maximum number of truckloads of Meals-Ready-to-Eat (MREs) and/or Humanitarian Daily Rations (HDRs) that the Contractor is capable of delivering after receipt of an order from MDEM or a Using Agency within the following timeframes:

• Within 24 hours: up to 50 truckloads

• Within 48 hours: up to 100 truckloads

• Within 72 hours: up to 150 truckloads

• Within 7 days: up to 300 truckloads

• Within 14 days: up to 500 truckloads

E. For purposes of this IFB, a truckload is defined as approximately 50-52 pallets of Meals-

Ready-to-Eat or Humanitarian Daily Rations.

F. The Contractor shall, upon request by the Procurement Officer or MDEM during emergency operations, provide information regarding available inventory levels and staging locations capable of supporting surge deliveries.

G. Recall Notification

The Contractor shall provide Recall Notification, regardless of level, in writing, to the State and each institution through the most expedient method possible. The notices, at a minimum, shall include a complete product description and/or identification, contract number, delivery order number and disposition instructions. The contractor shall issue replacement of product or credit for any product removed or recalled. Each facility shall have the option of accepting either replacement product or credit in exchange for recalled/removed products.

At a minimum, the recall notice shall include:

IFB for The Department of General Services, Office of State Procurement Page 10 of 30

● Complete product description and/or identification

● Contract Number

● Delivery Order Number (if applicable)

● Lot or batch identification, if available

● Disposition instructions for the recalled product

The Contractor shall replace the recalled product or provide a credit for any product removed or recalled. Each facility shall have the option of accepting either replacement product or credit in exchange for recalled or removed products.

H. Usage Reports

A report shall be furnished by the successful Contractor(s) every one-hundred, twenty (120) days detailing the purchase of all items on the contract. The report shall be submitted electronically, in Excel format. At a minimum, the report shall reflect the Contract Number, Contract Item Number, Item description, the dollar volume purchased of each item, agency identification, and the Contract total. The report shall be filed within thirty (30) days after the end of each reporting period. Failure to provide the report with the minimum required information may negate any contract extension clauses. The usage report shall be emailed to dgs.statewidecontractsusagereport@maryland.gov. The Contractor(s) must comply with

Maryland’s Green Purchasing Reporting Requirements, if applicable.

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

This information will enable Maryland State Agencies to comply with Article §14–405 of the Annotated Code of Maryland and COMAR 2.13.01.14, which requires Maryland State

Agencies to report to the Department of General Services on their procurement of environmentally preferable products and services. To facilitate consistent reporting on targeted contracts, the Contractor(s) will submit a Vendor Green Sales Report. The Report shall include the following: date of purchase, state agency utilizing the commodity, name of commodity, quantity of commodity purchased, cost to the State, and environmentally preferable purchasing attributes. The usage report shall be emailed to dgs.statewidecontractusagereport@maryland.gov.

At a minimum, the report shall include:

1. Contract Number

2. Contract Item Number

3. Item Description

4. Quantity Purchased

5. Dollar Volume purchased of each item

6. Agency Name

7. Total Contract Sales during the reporting period mailto:dgs.statewidecontractsusagereport@maryland.gov mailto:dgs.statewidecontractusagereport@maryland.gov

IFB for The Department of General Services, Office of State Procurement Page 11 of 30

Failure to provide the report with the minimum required information may result in the State withholding approval of any Contract extension options.

Green Purchasing Reporting

To comply with Annotated Code of Maryland, State Finance and Procurement Article §14-405 and

COMAR 21.13.01.14, the Contractor shall also provide information related to environmentally preferable purchasing, if applicable.

The Contractor shall submit a Vendor Green Sales Report identifying environmentally preferable products and services sold under the Contract. At a minimum, the report shall include:

1. Date of purchase

2. State Agency utilizing the Contract

3. Name of Commodity

4. Quantity purchased

5. Cost to the State

6. Recycled content (if applicable)

7. Third-party sustainability certification(s) (if applicable)

8. Other environmentally preferable purchasing attributes

This information enables Maryland State agencies to comply with State reporting requirements related to environmentally preferable purchasing.

I. The State may, by written order from the Procurement Officer, require the Contractor to suspend, delay, or interrupt all or any portion of the Contractor’s performance under the

Contract for such period of time as the Procurement Officer determines to be appropriate for the convenience of the State.

J. The Contractor shall comply with the written order and resume performance only upon direction from the Procurement Officer.

2.3 Product Specifications

2.3.1 Shelf Stable meals are non-perishable meals that can be safely stored at room temperature without spoilage over the course of up to five (5) years. All Meals-Ready-To-Eat (MREs) and

Humanitarian Daily Rations (HDRs) shall be shelf stable.

2.3.2 Meals-Ready-to-Eat identified for the fulfillment of this Contract must include the following dietary needs, restrictions, religious observance and daily caloric intake recommendations:

A. Meals-Ready-To-Eat: Kosher, National Stock Number: 8970-01-424-1996

B. Meals-Ready-To-Eat: Low Sodium

C. Meals-Ready-To-Eat: shelf-stable, three (3) year shelf life at 80 degrees Fahrenheit.

D. Meals-Ready-To-Eat: Designed to sustain an individual engaged in heavy activity such as training or during actual operations when normal food service facilities are not available.

E. Meals-Ready-To-Eat: Self-contained and operational rations consisting of a full meal packed in flexible meal bag. The full bag is lightweight and fits easily into field clothing pockets. Each meal shall contain an entrée and a side or snack.

F. Meals-Ready-To-Eat: Shall include a flameless ration heating device and an accessory packet which includes condiments/seasonings, utensil, flameless ration heater, and napkin(s).

IFB for The Department of General Services, Office of State Procurement Page 12 of 30

G. Meals-Ready-To-Eat: Contents of one (1) MRE shall provide an average of 1,250 kilocalories (up to 13% protein, not more than 36% fat, and up to 51% carbohydrates).

H. Meals-Ready-To-Eat: National Stock Number for cases: 8970-00-149-1094.

2.4.3 Humanitarian Daily Rations identified for the fulfillment of this Contract must include the following dietary needs, restrictions, religious observance and daily caloric intake recommendations:

A. Humanitarian Daily Rations: Shelf Stable with a shelf life of three (3) years or more.

B. Humanitarian Daily Rations: Must meet specifications set forth by the U.S. Department of

Defense through the Defense Logistics Agency for civilian and non-military personnel in humanitarian crises.

C. Humanitarian Daily Rations: Shall not contain any animal products, except a limited amount of dairy, but below the limit that would cause a problem for a person with a lactose intolerance.

D. Humanitarian Daily Rations: Shall contain a fruit paste, or pudding, suitable for feeding infants.

E. Humanitarian Daily Rations: Shall provide over two-thousand, two-hundred (2,200) calories.

2.4.4 Meals-Ready-To-Eat and Humanitarian Rations are to be packed 12 meals per case on a pallet. A pallet shall include 48 cases.

2.4.5 Meals shall be delivered by the truckload. A truck load shall be measured by the amount of product transported on a standard fifty-three (53) foot tractor trailer. The standard pallet count for shelf stable meals shall be between 50 and 52 pallets.

2.4.6 Pallets shall be wrapped sufficiently to withstand handling, severe weather climates, and safe transportation to multiple locations. Pallets must be labeled and marked according to each pallet’s contents.

2.4.7 Pallets shall be designed to be picked up with a standard forklift from all four (4) sides.

2.4.8 Rejected items shall be promptly replaced. The State reserves the right to purchase replacement items in the open market. Contractors failing to promptly replace items lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

2.4.9 The Contractor must accept Product returns of full pallets of Commodities for a full or partial refund. The Contractor shall not charge a transportation fee on product returns.

2.4 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

2.5 Invoicing

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

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

Failure to do so may result in the delay of payment.

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

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

2.5.1 Invoice Submission Schedule

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

A. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

2.5.2 Deliverable Invoicing

A. Deliverable invoices shall be accompanied by a Deliverable Product Acceptance

Form (DPAF) signed 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

IFB for The Department of General Services, Office of State Procurement Page 14 of 30 http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProdu ctAcceptanceForm-DPAFsample.pdf).

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

2.5.3 Travel Reimbursement

Travel will not be reimbursed under this IFB.

2.6 Liquidated Damages

2.6.1 MBE Liquidated Damages

MBE liquidated damages are identified in Appendix 5 – Terms and Conditions.

2.6.2 Liquidated Damages other than MBE

Liquidated damages other than MBE are identified in Appendix 5 – Terms and Conditions.

2.6.3 Problem Escalation Procedure

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

A. Contact information

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

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

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

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

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

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

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

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

Business Days after the start of each Contract year .

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the

State which may be allowed by the Contract or applicable law.

2.7 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

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2.8 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/GA

DX10Form20150615.pdf.

2.9 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the

Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women

Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and

COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract. Additional information is available on

GOSBA’s website at:

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

2.10 Federal Funding Acknowledgement

This Contract does not contain federal funds.

2.11 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict-of-Interest Affidavit and Disclosure and submit it with its Bid.

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

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

21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code

Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that

IFB for The Department of General Services, Office of State Procurement Page 16 of 30 procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

2.12 Non-Disclosure Agreement

2.12.1 Non-Disclosure Agreement (Bidder/Offeror)

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

2.12.2 Non-Disclosure Agreement (Contractor)

A Non-Disclosure Agreement (Contractor) is not required for this procurement.

2.13 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of

Maryland. See the Department of Labor, Licensing and Regulations website for Maryland

Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

2.14 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

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

2.15 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:

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

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

B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’

Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

C. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for The Department of General Services, Office of State Procurement Page 17 of 30 vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

2.15.2 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.

2.15.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) 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.

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

2.15.5 The recommended awardee must provide the 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.

2.15.6 Subcontractor Insurance

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

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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3 Bid Submission Information and Instructions

3.1 eMaryland Marketplace Advantage (eMMA) eMMA is an electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference

(Conference) summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

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

3.2 Electronic Means

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

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

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

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

Monitor.

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

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

3.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information

Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating 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 IFB requirements and the socio-economic goals for this solicitation.

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

In order to assure adequate accommodations at the Conference, please email the completed Pre-Bid

Conference RSVP Form, Appendix 2 for those expected to attend the Conference to the Procurement

Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

IFB for The Department of General Services, Office of State Procurement Page 19 of 30 disability, please notify the Procurement Officer at least five (5) Business Days prior to the

Conference date. Reasonable efforts will be made to provide such special accommodation.

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

3.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified in the Key

Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

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

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

3.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

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

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

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal

Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

3.6 Receipt, Opening and Recording of Bids

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

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

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

IFB for The Department of General Services, Office of State Procurement Page 20 of 30

3.7 Duration of Bids

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

Agreement.

3.8 Revisions to the IFB

3.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the

IFB and posted on eMMA and reasonable efforts will be made to provide such addenda to all prospective Bidders that have sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

3.8.2 Bidders shall acknowledge in the Bid the receipt of all addenda to this IFB issued before the

Bid due date.

3.8.3 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the

Bid to be deemed not responsive.

3.9 Cancellations

3.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02.

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

3.9.3 In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with COMAR

21.01.03.01.A(4).

3.9.4 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 canceled in accordance with Md. Code Ann., State Finance and

Procurement Art., § 3-207(b)(2).

3.10 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.

3.11 Protest/Disputes

Any protest or claim related to this IFB, or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

IFB for The Department of General Services, Office of State Procurement Page 21 of 30

3.12 Bidder Responsibilities

3.12.1 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder

(the Contractor) remain responsible for Contract performance regardless of subcontractor participation in the work.

3.12.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate

Attachments to this IFB.

3.12.3 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 guarantees 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.

3.12.4 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 share 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.

3.12.5 The Vendor shall bid base unit cost of the product which includes delivery and administrative charges. All Bid prices are to be fully loaded prices, including the 1% eMMA transaction fee.

Fully loaded prices shall include all costs/expenses associated with the provision of the products as required by the IFB. The Price Bid Form shall calculate a five (5) year total Bid

Price automatically.

3.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Appendix 5 –

Terms and Conditions. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

3.14 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

IFB for The Department of General Services, Office of State Procurement Page 22 of 30 benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

3.15 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 in the State Office Building, Room 803, 301

West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://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 responsive successful Bidder from final consideration and recommendation for Contract award.

3.16 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:

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

B. Make a false or fraudulent statement or representation of a material fact; or

C. 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 this section.

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.

3.17 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 containing 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.