Statewide IFB Template version 2.K00R3600048 CG.pdf

STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES

(DNR)

INVITATION FOR BIDS (IFB)

TWO (2) AGRICULTURAL SPRAYERS

Two (2) Agricultural Sprayers Solicitation #: BPM032164 IFB Document

IFB for Department of Natural Resources Page ii of 64

1 Solicitation Number BPM032164

ISSUE DATE: OCTOBER 14, 2022

NOTICE

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

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

IFB for Department of Natural Resources Page iii of 64

NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation.

Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Two (2) Agricultural Sprayers Solicitation No: BPM032164

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

� Other commitments preclude our participation at this time

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

� We are inexperienced in the work/commodities required

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

� The scope of work is beyond our present capacity

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

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

� Time allotted for completion of the Bid is insufficient

� Start-up time is insufficient

� Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

� Bid requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

� MBE or VSBE requirements (Explain in REMARKS section)

� Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section)

� Payment schedule too slow

� Other: __________________________________________________________________

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

REMARKS:

Vendor Name: ________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

IFB for Department of Natural Resources Page iv of 64

STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES (DNR

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Two (2) Agricultural Sprayers

Solicitation Number: BPM032164

IFB Issue Date: October 14, 2022

IFB Issuing Office: Department of Natural Resources (DNR)

Procurement Officer: Heather Mohney 580 Taylor Ave. B-4 Annapolis, Md.

e-mail:

Office Phone:

Heathera.mohney@maryland.gov 410-260-8056

Bids are to be sent to: Submit bid via eMMA

Pre-Bid Conference: Not Applicable

Questions Due Date and Time October 20, 2022 at 10:00am Local Time

Bid Due (Closing) Date and Time:

October 24, 2022 at 10:00 am Local Time

Public Bid Opening Date October 14, 2022

MBE Subcontracting Goal: none

VSBE Subcontracting Goal: none

Contract Type: Firm Fixed Price

Contract Duration: None

Primary Place of Performance:

Wellington Wildlife Management Area 32733 Dublin Road Princess Anne, MD 21853

SBR Designation: no

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 Responsibilities and Tasks

3 Contractor Requirements: General

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Disaster Recovery and Data

3.6 Insurance Requirements

3.7 Security Requirements

3.8 Problem Escalation Procedure

3.9 SOC 2 Type 2 Audit Report

3.10 Minority Business Enterprise (MBE) Reports

3.11 Veteran Small Business Enterprise (VSBE) Reports

3.12 Work Orders

3.13 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference .................................................................... Error! Bookmark not defined.

4.2 eMaryland Marketplace Advantage (eMMA)

4.3 Questions

4.4 Procurement Method

4.5 Bid Due (Closing) Date and Time

4.6 Multiple or Alternate Bids

4.7 Receipt, Opening and Recording of Bids

4.8 Confidentiality of Bids / Public Information Act Notice

4.9 Award Basis

4.10 Tie Bids

4.11 Duration of Bids

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4.12 Revisions to the IFB

4.13 Cancellations

4.14 Incurred Expenses

4.15 Protest/Disputes

4.16 Bidder Responsibilities

4.17 Acceptance of Terms and Conditions

4.18 Bid/Proposal Affidavit

4.19 Contract Affidavit

4.20 Compliance with Laws/Arrearages

4.21 Verification of Registration and Tax Payment

4.22 False Statements

4.23 Payments by Electronic Funds Transfer

4.24 Prompt Payment Policy

4.25 Electronic Procurements Authorized

4.26 MBE Participation Goal

4.27 VSBE Participation Goal

4.28 Living Wage Requirements

4.29 Federal Funding Acknowledgement

4.30 Conflict of Interest Affidavit and Disclosure

4.31 Non-Disclosure Agreement

4.32 HIPAA - Business Associate Agreement

4.33 Nonvisual Access

4.34 Mercury and Products That Contain Mercury

4.35 Location of the Performance of Services Disclosure

4.36 Department of Human Services (DHS) Hiring Agreement

4.37 Small Business Reserve (SBR) Procurement

4.38 Bonds

4.39 Maryland Healthy Working Families Act Requirements

5 Bid Format

5.1 One Part Submission

5.2 Labeling

5.3 Bid Price Form

5.4 Required Bid Submission

5.5 Delivery

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5.6 Documents Required upon Notice of Recommendation for Contract Award

6 Bid Evaluation and Award

6.1 Bid Evaluation Criteria

6.2 Reciprocal Preference

6.3 Award Determination

6.4 Documents Required upon Notice of Recommendation for Contract Award

7 IFB ATTACHMENTS AND APPENDICES

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Contract

Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Appendix 1. – Abbreviations and Definitions

Appendix <<#>>. – <<Title of Appendix>>

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2 Minimum Qualifications The Wildlife and Heritage Service has the appropriation to buy two 300 gallon agricultural 3 pt sprayers for the Eastern Region at Wellington Wildlife Management Area, 32733 Dublin Road, Princess Anne, MD 21853. The preferred / suggested model for this requisition would be a CropCare AGX300 or equivalent model, each with the following minimum specifications / optional equipment:

Specifications:

1. -300 gallon poly tank

2. -heavy duty powder coated steel frame

3. -45 foot hydraulic x-fold boom

4. -left and right boom wings are folded and leveled independently

5. -boom plumbing with 27 single nozzles at 20” spacing

6. -air inducted ceramic flat fanned nozzles

7. -TeeJet 845 5 switch control console subassembly

8. -5 sections, throttling for 3PT sprayer

9. -9402C Hypro belt drive centrifugal pump (300 3PT)

10. -5 gallon foam marker system for 3PT sprayer

11. -5 boom mounted filters for 5 sections

12. -tool box kit

13. -boom lap nozzle with electric valve

14. -integrated controller for foam marker and/or lap nozzle

15. -speed sensor proximity type for TeeJet control

16. -low pressure convenience package for small trailer to include 2” quick fill, 25 gallon rinse tank and chemical eductor

17. -5 way plumbing control valve

18. -power wash subassembly

19. -side step & operator platform

20. -2.5 gallon fresh water safety tank

21. DNR reserves the right to approve suitability / equivalency of equipment bid under this requisition prior to award of purchase order.

2.1 Bidder Minimum Qualifications

There are no Bidder Minimum Qualifications for this procurement.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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3 Contractor Requirements: Scope of Work

3.1 Summary Statement

3.1.1 The Department of Natural Resources (DNR) is issuing this Invitation for Bids (IFB) in order to procure the services defined in this Section 2, as specified in this IFB, from a contract between the successful bidder(s) and the Department of Natural Resources: to provide two (2) agricultural sprayers for the Wellington Wildlife Management Area.

3.1.2 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.

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

3.1.4 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) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

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

Shall constitute Contracts between the Contractor and that entity;

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

Shall not be binding or enforceable against the State; and

May be subject to other terms and conditions agreed to by the Contractor and the purchaser.

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

3.2 Background and Purpose

To buy two 300 gallon agricultural 3 pt sprayers for the Eastern Region. The preferred / suggested model for this requisition would be a CropCare AGX300 or equivalent model.

3.3 Responsibilities and Tasks

The Contractor is to provide two (2) 300 gallon agricultural 3 pt sprayers for the Eastern Region.

The preferred / suggested model for this requisition would be a CropCare AGX300 or equivalent models

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4 Contractor Requirements: General

4.1 Contract Initiation Requirements

THIS SECTION IS INAPPLICABLE TO THIS IFB.

4.2 End of Contract Transition

THIS SECTION IS INAPPLICABLE TO THIS IFB

4.3 Invoicing

4.3.1 General

a) The Contractor shall e-mail the original of each invoice and signed authorization to the Contract Monitor and Joe Harris at e-mail addresses: caryn.getsinger2@maryland.gov, joseph.harris@maryland.gov.

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

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

1) Contractor name and address;

2) Remittance address;

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

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

5) Invoice date;

6) Invoice number;

7) State assigned Contract number;

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

9) Goods or services provided;

10) Amount due; and

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

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

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

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

COMAR 21.10.04.

mailto:caryn.getsinger2@maryland.gov mailto:joseph.harris@maryland.gov

IFB for Department of Natural Resources Page 4 of 64

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.

4.3.2 Invoice Submission Schedule

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

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

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

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

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

a) The amount invoiced is inconsistent with the Contract;

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

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

d) The item or services have not been accepted;

e) The quantity of items delivered is less than the quantity ordered;

f) The items or services do not meet the quality requirements of the Contract;

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

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

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

4.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

4.4 Liquidated Damages

4.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

4.4.2 Liquidated Damages other than MBE

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4.5 Disaster Recovery and Data

The following requirements apply to the Contract:

4.5.1 Redundancy, Data Backup and Disaster Recovery

a) Unless specified otherwise in the IFB, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term. Any force majeure provisions of the Contract do not limit the Contractor’s obligations under this provision.

b) The Contractor shall have robust contingency and disaster recovery (DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (including, but not limited to, disruption to information technology systems), however caused.

1) The Contractor shall furnish a DR site.

2) The DR site shall be at least 100 miles from the primary operations site, and have the capacity to take over complete production volume in case the primary site becomes unresponsive.

c) The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty-four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services.

d) The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan(s) to ensure a minimum interruption of service.

Coordination shall be made with the State to ensure limited system downtime when testing is conducted. At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing.

e) Such contingency and DR plans shall be available for the DNR to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract.

4.5.2 Data Export/Import

a) The Contractor shall, at no additional cost or charge to the State, in an industry standard/non-proprietary format:

1) perform a full or partial import/export of State data within 24 hours of a request; or

2) provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for the State to import or export data.

b) Any import or export shall be in a secure format per the Security Requirements.

4.5.3 Data Ownership and Access

a) Data, databases and derived data products created, collected, manipulated, or directly purchased as part of a IFB are the property of the State. The purchasing State agency is considered the custodian of the data and shall determine the use, access, distribution and other conditions based on appropriate State statutes and regulations.

IFB for Department of Natural Resources Page 6 of 64

Public jurisdiction user accounts and public jurisdiction data shall not be accessed, except (1) in the course of data center operations, (2) in response to service or technical issues, (3) as required by the express terms of the Contract, including as necessary to perform the services hereunder or (4) at the State’s written request.

The Contractor shall limit access to and possession of State data to only Contractor Personnel whose responsibilities reasonably require such access or possession and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

At no time shall any data or processes – that either belong to or are intended for the use of the State or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the State.

The Contractor shall not use any information collected in connection with the services furnished under the Contract for any purpose other than fulfilling such services.

4.5.4 Provisions in Sections 3.5.1 – 3.5.3 shall survive expiration or termination of the Contract.

Additionally, the Contractor shall flow down the provisions of Sections 3.5.1-3.5.3 (or the substance thereof) in all subcontracts.

4.6 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:

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

a) Commercial General Liability - of $1,000,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual aggregate.

The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

b) Errors and Omissions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 annual aggregate.

c) Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000.

The State of Maryland and the DNR should be added as a “loss payee.”

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

e) 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.

f) 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

IFB for Department of Natural Resources Page 7 of 64 where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

4.6.2 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.

4.6.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

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

4.6.6 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.

4.7 Security Requirements

The following requirements are applicable to the Contract:

4.7.1 Employee Identification

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

b) Contractor Personnel shall cooperate with State site requirements, including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance.

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

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

4.7.2 Security Clearance / Criminal Background Check

A security clearance is not required for Contractor Personnel assigned to the Contract.

4.7.3 On-Site Security Requirement(s)

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4.8 Problem Escalation Procedure

4.8.1 The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes.

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

4.8.3 The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier. The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner. The PEP shall include:

a) The process for establishing the existence of a problem;

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

c) 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;

d) Expedited escalation procedures and any circumstances that would trigger expediting them;

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

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

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

4.8.4 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.

4.9 SOC 2 Type 2 Audit Report

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

4.10 Minority Business Enterprise (MBE) Reports

If this solicitation includes an MBE Goal (see Section 4.26), the Contractor shall:

a) Submit the following reports by the 10th of each month to the Contract Monitor and the DNR’s MBE Liaison Officer:

1) A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D-4A) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and

2) (If Applicable) An MBE Prime Contractor Report (Attachment D-4B) identifying an MBE prime’s self-performing work to be counted towards the MBE participation goals.

b) Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment D-5) by

IFB for Department of Natural Resources Page 9 of 64 the 10th of each month to the Contract Monitor and the DNR’s MBE Liaison Officer that identifies the Contract and lists all payments to the MBE subcontractor received from the Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amounts of those invoices.

c) Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, type of work performed by each, and actual dollar value of work performed. Subcontract agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

d) Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the MBE participation obligations. Contractor must retain all records concerning MBE participation and make them available for State inspection for three years after final completion of the Contract.

e) Upon completion of the Contract and before final payment and release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.

4.11 Veteran Small Business Enterprise (VSBE) Reports

If this solicitation includes a VSBE Goal (see Section 4.27), the Contractor shall:

a) Submit the following reports by the 10th of the month following the reporting period to the Contract Monitor and the DNR VSBE representative:

1) VSBE Participation Prime Contractor Paid/Unpaid VSBE Invoice Report (Attachment E-3) listing any unpaid invoices, over 45 days old, received from any VSBE subcontractor, the amount of each invoice and the reason payment has not been made;

and

2) Attachment E-4, the VSBE Participation Subcontractor Paid/Unpaid VSBE Invoice Report by the 10th of the month following the reporting period to the Contract Monitor and the VSBE Liaison Officer.

b) Include in its agreements with its VSBE subcontractors a requirement that those subcontractors submit monthly by the 10th of the month following the reporting period to the Contract Monitor and DNR VSBE representative a report that identifies the prime contract and lists all payments received from Contractor in the preceding reporting period month, as well as any outstanding invoices, and the amount of those invoices (Attachment E-4).

c) Maintain such records as are necessary to confirm compliance with its VSBE participation obligations. These records must indicate the identity of VSBE and non-VSBE subcontractors employed on the contract, the type of work performed by each, and the actual dollar value of work performed. The subcontract agreement documenting the work performed by all VSBE participants must be retained by the Contractor and furnished to the Procurement Officer on request.

d) Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the VSBE participation obligations. The Contractor must retain all records concerning VSBE participation and make them available for State inspection for three years after final completion of the Contract.

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e) At the option of the DNR, upon completion of the Contract and before final payment and release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from VSBE subcontractors.

4.12 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

4.13 Additional Clauses

4.13.1 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.

4.13.2 No-Cost Extensions

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

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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5 Procurement Instructions

5.1 eMaryland Marketplace Advantage (eMMA)

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

5.1.2 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free.

Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

5.2 Questions

5.2.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title (K00R3600048 - Two (2) Agricultural Sprayers), and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid due date no later than the date and time specified 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.

5.2.2 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.

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

5.3 Procurement Method

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

5.4 Bid Due (Closing) Date and Time

5.4.1 Bids, in the number and form set forth in Section 5 Bid Format, must be received by the

Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

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

5.4.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information Summary Sheet will not be considered.

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

5.4.5 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.

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

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

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

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5.5 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

5.6 Receipt, Opening and Recording of Bids

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

5.6.1.2 Bids shall be opened publicly, at the time, date and place designated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of bid opening.

5.7 Confidentiality of Bids / Public Information Act Notice

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

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

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

5.8 Award Basis

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

See IFB Section 6 for Bid evaluation and award information.

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

5.9 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

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5.10 Duration of Bids

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

5.11 Revisions to the IFB

5.11.1 If the IFB is revised before the due date for Bids, the DNR shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

5.11.3 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.

5.12 Cancellations

5.12.1 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.

5.12.2 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A(4).

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

5.13 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.

5.14 Protest/Disputes

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

5.15 Bidder Responsibilities

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

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

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5.15.3 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 will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

5.15.4 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 shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

5.16 Acceptance of Terms and Conditions

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

5.17 Bid/Proposal Affidavit

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

5.18 Contract Affidavit

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

5.19 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.

5.20 Verification of Registration and Tax Payment

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

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

5.21 False Statements

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

5.21.1 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.

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

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

5.21.3 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.

5.22 Payments by Electronic Funds Transfer

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

5.22.1 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.

5.22.2 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.

5.23 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 Attachment M).

Additional information is available on GOSBA’s website at:

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

5.24 Electronic Procurements Authorized

5.24.1 Under COMAR 21.03.05, unless otherwise prohibited by law, the DNR may conduct procurement transactions by electronic means, including the solicitation, proposing, award, execution, and administration of a contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21.

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5.24.2 Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the solicitation or Contract. In the case of electronic transactions authorized by this IFB, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures.

5.24.1 “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…