Statewide IFB - Ice Cream Products.pdf

Statewide: Ice Cream

Solicitation #: BPM047699/001IT821498 IFB Document

IFB for The Department of General Services, Office of State Procurement Page 1 of 29

STATE OF MARYLAND

THE DEPARTMENT OF GENERAL SERVICES

(DGS)

INVITATION FOR BIDS (IFB)

STATEWIDE: ICE CREAM PRODUCTS

IFB NUMBER BPM047699/001IT821498

ISSUE DATE: FEBRUARY 17, 2026

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

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

IFB for The Department of General Services, Office of State Procurement Page 2 of 29

NOTICE TO BIDDERS:

A CERTIFIED LOCAL FARM AND FISH PROGRAM PARTICIPATION GOAL OF 20 PERCENT (20%) OF

THE TOTAL CONTRACT DOLLAR AMOUNT HAS BEEN ESTABLISHED FOR THIS FOOD PROCUREMENT.

BY SUBMITTING A RESPONSE TO THIS SOLICITATION, THE BIDDER OR OFFEROR AGREES THAT THIS

PERCENTAGE OF THE TOTAL DOLLAR AMOUNT OF THE CONTRACT FOR FOOD PROCUREMENT WILL

BE PERFORMED BY A CERTIFIED LOCAL FARM OR A CERTIFIED CHESAPEAKE INVASIVE SPECIES

PROVIDER, AS THOSE TERMS ARE DEFINED BY MD CODE, STATE FINANCE AND PROCUREMENT, §14-

701. FURTHERMORE, IN ACCORDANCE WITH COMAR 15.01.19.10, THE BIDDER OR OFFER AGREES

TO PROVIDE ALL INFORMATION AND DATA NECESSARY FOR THE PROCURING AGENCY TO SATISFY ITS

REPORTING REQUIREMENTS TO THE OFFICE FOR THE CERTIFIED LOCAL FARM AND FISH PROGRAM.

https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCodeCourtRules?guid=NA867B9801C7711EEB89EB68C4B55B519&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) https://codes.findlaw.com/md/state-finance-and-procurement/md-code-state-fin-and-proc-sect-14-701/#:~:text=Current%20as%20of%20December%2031,Local%20Farm%20and%20Fish%20Program.

https://codes.findlaw.com/md/state-finance-and-procurement/md-code-state-fin-and-proc-sect-14-701/#:~:text=Current%20as%20of%20December%2031,Local%20Farm%20and%20Fish%20Program.

https://dsd.maryland.gov/regulations/Pages/15.01.19.10.aspx https://mda.maryland.gov/Pages/default.aspx

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Commodities - Statewide: Ice Cream

Solicitation

Number:

BPM047699/001IT821498

IFB Issue Date: February 17, 2026

IFB Issuing

Office:

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

Procurement

Officer:

Tierra Ali-Said

Email:

Phone Number:

Tierra.Ali-Said1@maryland.gov

(410) 767-0788

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

BPM047699/001IT821498

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 March 4, 2026, at 11:00 AM Local Time

See Section 3.3 for additional details.

See Appendix 2 to RSVP by March 2, 2026, at 3:00 PM Local Time

Questions Due

Date and Time:

March 13, 2026, at 3:00 PM Local Time

Bid Due (Closing)

Date and Time:

March 27, 2026, at 3:00 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).

MBE

Subcontracting

Goal:

1% https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

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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 Delivery, Indefinite Quantity with Fixed unit prices.

Contract

Duration:

Five (5) Year Term, with two (2) One Year Renewal Options

Primary Place of

Performance:

STATEWIDE

SBR Designation: Yes

Federal Funding: No

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Product Specifications

2.5 Contract Initiation Requirements

2.6 End of Contract Transition

2.7 Invoicing

2.7.1 Invoice Submission Schedule

2.7.2 Deliverable Invoicing

2.7.3 Travel Reimbursement

2.8 Liquidated Damages

2.8.1 MBE Liquidated Damages

2.8.2 Liquidated Damages other than MBE

2.8.3 Problem Escalation Procedure

2.9 Work Orders

2.10 Payments by Electronic Funds Transfer

2.11 Prompt Payment Policy

2.12 Federal Funding Acknowledgement

2.13 Conflict of Interest Affidavit and Disclosure

2.14 Non-Disclosure Agreement

2.14.1 Non-Disclosure Agreement (Bidder/Offeror)

2.14.2 Non-Disclosure Agreement (Contractor)

2.15 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

2.17 Insurance Requirements

3 Bid Submission Information and Instructions

3.1 eMaryland Marketplace Advantage (eMMA)

3.2 Electronic Means

3.3 Pre-Bid Conference

3.4 Questions

3.5 Bid Due (Closing) Date and Time

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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 provide their SBR certification upon with Bid submission.

E. The Bidder shall have at least three (3) years of experience in the distribution of dairy and other perishable food products to institutional or large-volume customers.

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

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

https://www.egov.maryland.gov/businessexpress mailto:charterhelp@dat.state.md.us https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

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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 2, from 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 Ice Cream.

Successful vendors shall provide suitable locking freezers, at no additional cost, upon request of each using agency for the duration of the contract.

2.1.2 Using agency shall issue a purchase order to the Contractor for commodities covered by this contract. The State of Maryland Purchasing Card may be accepted for purchases made against this contract within the procurement officer’s limitations.

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

2.1.3 This is a multiple award IFB. Successful Contractor(s) shall be responsible for ensuring that the Ice Cream is supplied and delivered in accordance with the Specifications listed in this IFB. 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 Ice Cream throughout the State of Maryland. See IFB Section 4.21 Bid Evaluation Criteria and

Award Basis for more Contract award information.

2.1.4 Using agencies will establish delivery schedules with the vendor after the award.

Agencies will continue to use delivery schedules as much as practically possible.

2.1.5 Minimum order acceptable for contract pricing is $300.00; amounts less shall be shipped with freight charges not to exceed $40.00 or actual shipping costs, whichever is less, prepaid and added to the invoice as a separate line item. No order above $200.00 may be refused by the awarded vendor from any State of Maryland facility. Vendor will not be required to deliver more frequently than two (2) times per month for orders exceeding

$200.00, or more frequently than one (1) time per month for orders of less than $200.00.

2.1.6 If awarded, and the vendor holds other State of Maryland contracts for frozen products, facilities may combine orders from multiple contracts to meet the minimum purchase for shipping and/or contract pricing

2.1.7 Using Agencies shall place orders to permit vendors sufficient time to process orders.

Deliveries will be scheduled according to regular delivery days established at each using agency location. Scheduled deliveries will be received by the using agencies during regular hours when their receiving department is open, unless special instructions are given. Bidders must provide a proposed delivery schedule on a separate document at the time of Bid Submission. The proposed delivery schedule will be available during the contract period.

2.1.8 A Contract award does not ensure a Contractor will receive all or any State business under the Contract. Shall be made by the requested using agency on an “as-required” basis. This contract does not obligate the State of Maryland and its using agencies to purchase any minimum or maximum quantity through the contract period.

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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. As a result of a Statewide Contract Award, the Contractor will provide

Ice Cream to the Using Agencies at the request of each Using Agency. Deliveries are to be made in a timely manner, at the request of the Using Agency.

Orders shall be made as requested by the using agency on an “as-required” basis. The Contract does not obligate the State of Maryland and its using agencies to purchase any minimum or maximum quantity through the contract period.

2.3 Contractor Responsibilities and Tasks

The Contractor(s) shall deliver Ice Cream to the designated delivery location, per the request of the

Using Agency. The Using Agency shall inspect the delivery of Ice Cream upon each executed delivery. Upon the successful delivery and satisfactory inspection of the Ice Cream, the Contractor shall submit an Invoice to the State, by way of the Using Agency.

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.

The State unilaterally may order the Contractor(s) in writing to suspend, delay, or interrupt all or any part of its performance for such a period of time as the Procurement Officer may determine to be appropriate for the convenience of the State.

A. 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 complete 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 contract, 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 mailto:dgs.statewidecontractsusagereport@maryland.gov

IFB for The Department of General Services, Office of State Procurement Page 10 of 29 preferable purchasing attributes. The usage report shall be emailed to dgs.statewidecontractusagereport@maryland.gov.

B. The Contractor shall participate in an annual business review with the State to discuss performance, contract compliance, and opportunities for improvement. The Contractor must provide requested information and ensure attendance of personnel with authority to address contract matters.

C. Delivery must be completed within fifteen (15) working days after receiving an order from using Agency.

D. Unless otherwise instructed by the using agencies, deliveries are to be made in compliance with delivery schedules as indicated on inquiry. Deliveries to cover Sundays and legal holidays shall be made on the preceding day. Hours of the day and points at which deliveries shall be made shall be established by the respective agencies in writing to the bidder(s) awarded the contract.

E. The Contractor shall be responsible for all transportation, shipping and inside delivery charges. Deliveries shall be made as required by the using agency, but not more than thirty

(30) days after receipt of order. All orders shall be shipped and billed directly to each using agency.

F. Secured Facilities: Security concerns vary statewide but are especially important at correctional facilities and certain other facilities. Contractors’ and Subcontractors’ employees shall comply with the security requirements at each facility. Authorized Users are responsible for alerting Contractor to these requirements before or while placing their first order.

G. Contractors are aware that common security restrictions include:

a) Identification- All of the Contractor’s and Subcontractor’s employees, while working on State property, shall carry or display acceptable identification. Requirements vary by authorized using agency. For instance, some facilities may require a visible photo-ID badge, while others may require a valid driver’s license instead.

b) Vehicle Security- In many locations, drivers should turn off vehicle motors and lock cab doors whenever their truck is unattended.

c) Patient/Inmate Contact- Delivery personnel should minimize interaction with inmates or patients and shall report any verbal contact to the Authorized using agency before leaving the site.

d) Drivers who enter high security facilities shall have prior approval to enter from security staff, generally involving a background check to ensure that they are not convicted felons. At some facilities, trucks will be searched for prior to entry and exit, causing up to thirty (30) minutes delay each way.

e) At some correctional facilities, drivers, cannot have any weapons (including jack knives or box cutters), cell phones, pagers, drugs, tobacco products or any item deemed to be potential contraband. Correctional officers can hold these items for drivers at the delivery sally-port and return them as the driver exits the grounds. Any illegal items will not be returned.

2.4 Product Specifications

2.4.1 ALL PRODUCTS TO BE U.S. GRADE A IN FULL COMPLIANCE WITH

STANDARDS ESTABLISHED BY THE USDA. All products are subject to using agency inspection and acceptance as to condition and quality.

mailto:dgs.statewidecontractusagereport@maryland.gov

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2.4.2 Vendors are required to comply with all conditions as outlined in regulations and specifications for ice cream. All ice cream products shall be US Grade A.

2.4.3 Case/Container must bear USDA grade seal and USDA certificate must be available upon request. Cases of products delivered without USDA grade designations or in lieu of

USDA grade seal, grading certificates must be provided with delivery or product will be rejected.

2.4.4 Fabrication products shall be subject to analysis by an independent USDA certified laboratory for compliance with bid specifications at no additional cost to the State.

2.4.5 In the event that the product tested does not meet specifications, the vendor will be subject to the incurred analysis charges, and all products must be removed from State institutions. Vendors will be charged for any additional cost from open market purchases.

2.4.6 The Quoted prices are to be net thirty (30) days F.O.B to any point within the State of

Maryland and include all freight/shipping, handling and administrative charges. All discounts are to be deducted and reflected in net prices.

2.4.7 Vendors are required to comply with all conditions as outlined in regulations and specifications for ice cream. All ice cream products shall be US Grade A. Case/Container must bear USDA grade seal and USDA certificate must be available upon request. Cases of products delivered without USDA grade designations or in lieu of USDA grade seal, grading certificates must be provided with delivery or product will be rejected.

2.5 Contract Initiation Requirements

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

2.6 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.

2.7 Invoicing

Upon the successful delivery and satisfactory inspection of the Ice Cream, the Contractor shall submit an Invoice to the State, by way of the Using Agency.

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

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. The Contractor shall provide the Using Agency with the following information for billing purposes. 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;

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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.

2.7.1 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.

2.7.2 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 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.

2.7.3 Travel Reimbursement

Travel will not be reimbursed under this IFB.

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2.8 Liquidated Damages

2.8.1 MBE Liquidated Damages

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

2.8.2 Liquidated Damages other than MBE

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

2.8.3 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.

2.9 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

2.10 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

IFB for The Department of General Services, Office of State Procurement Page 14 of 29 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.

2.11 Prompt Payment Policy

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

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

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

COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements”

(see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

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

2.12 Federal Funding Acknowledgement

This Contract does not contain federal funds.

2.13 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 that all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

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

21.05.08.08.

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

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

2.14 Non-Disclosure Agreement

2.14.1 Non-Disclosure Agreement (Bidder/Offeror)

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

2.14.2 Non-Disclosure Agreement (Contractor)

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

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2.15 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/.

2.16 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.

2.17 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:

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

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

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

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

C. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

2.17.2 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.

2.17.3 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.

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 16 of 29

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

2.17.5 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 the 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.

2.17.6 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.

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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 RVSP 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 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.

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

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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 Appendix 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 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.

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.

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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).

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.

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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 that include all costs/expenses associated with the provision of the products as required by the IFB and eMMA’s one percent (1%) transaction fee.

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 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.

https://egov.maryland.gov/BusinessExpress/

IFB for The Department of General Services, Office of State Procurement Page 21 of 29

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. Material designated as confidential shall accompany the Bid and shall be readily separable from the Bid to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure. Nondisclosure is permissible only if approved by the Office of the Attorney General.

3.18 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the

Procurement Officer will be considered acceptable as bid submission.

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

A Bidder shall include the following Attachments with its Bid as a single Bid Package:

Attachments A through E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments F through R = Bid may be rejected if the required Attachment is not submitted or is incomplete.

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TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

Bid/Proposal Affidavit – REQUIRED WITH BID

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal

Affidavit.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf

B

The Price Bid Form (as specified within eMMA) – REQUIRED WITH BID

Do not alter this Price Form or the Bid may be determined to be not responsive.

The Price Bid Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

(See Appendix 4 for specific Price Form Instructions and Bid Form.)

C

Bid Bond: NOT APPLICABLE TO THIS IFB https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-C.-Bid-Bond.pdf

D

MBE Forms D-1A: REQUIRED WITH BID https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE-Forms-1.pdf

IMPORTANT: If this IFB contains different Functional Areas or Service

Categories. A separate Attachment D-1A is to be submitted for each Functional

Area or Service Category where there is an MBE goal.

E

Veteran-Owned Small Business Enterprise (VSBE) Form E-1A: NOT

APPLICABLE TO…