V-EAS-23007-M Easton Landscaping IFB.pdf

INVITATION FOR BIDS (IFB)

SOLICITATION NO. V-EAS-23007-M

August 5, 2022

LANDSCAPING MAINTENANCE SERVICES FOR

MDOT MVA EASTON BRANCH

NOTICE TO BIDDERS/OFFERORS

NOTICE

All prospective bidders, the Maryland Department of Transportation Motor Vehicle Administration

(MDOT MVA) participates in the e-Maryland Marketplace Advantage electronic commerce system administered by the Maryland Department of General Services (DGS). All information regarding this solicitation including amendments, pre-bid minutes, and changes to bids due dates shall be posted on e-

Maryland Marketplace Advantage. Because of instant access afforded by e-Maryland Marketplace

Advantage, it is recommended that all vendors interested in doing business with MDOT MVA and other

State Agencies register on e-Maryland Marketplace Advantage.

Information about registering, free of charge, on e-Maryland Marketplace can be obtained at the e-Maryland Marketplace Advantage website at: https://emma.maryland.gov.

Vendors must be registered on e-Maryland Marketplace Advantage to receive contract award.

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and

Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the

Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve

Program are eligible for award of a contract.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation ii

Landscaping Services

MDOT MVA Easton Branch

V-EAS-23007-M

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Table of Contents

Table of Contents ......................................................................................................................... i State of Maryland - Notice to Vendors IFB Key Information Summary Sheet Bidder Minimum Qualifications

SECTION 1 - GENERAL INFORMATION

GI - 1.1 Summary Statement GI - 1.2 Abbreviations and Definitions

GI - 1.3 Contract Type GI - 1.4 Contract Duration GI - 1.5 Procurement Officer GI - 1.6 Contract Manager

GI - 1.7 Pre-Bid Meeting and Site Visit GI - 1.8 eMaryland Marketplace Advantage

GI - 1.9 Questions Due Date GI - 1.10 Procurement Method GI - 1.11 Bids Due (Closing) Date and Time

GI - 1.12 Multiple or Alternate Bids GI - 1.13 Receipt, Opening and Recording of Bids

GI - 1.14 Confidentiality of Bids

GI - 1.15 Basis of Award

GI - 1.16 Tie Bids GI - 1.17 Duration of Bid GI - 1.18 Revisions to the IFB / Amendments and Acknowledgements

GI - 1.19 Cancellations GI - 1.20 Incurred Expenses

GI - 1.21 Protest/Disputes GI - 1.22 Bidder Responsibilities GI - 1.23 Substitution of Personnel

GI - 1.24 Mandatory Contractual Terms GI - 1.25 Bid/Proposal Affidavit GI - 1.26 Contract Affidavit

GI - 1.27 Compliance with Laws/Arrearages

GI - 1.28 Verification of Registration and Tax Payment GI - 1.29 Electronic Funds Transfer GI - 1.30 Prompt Payment Policy GI - 1.31 Electronic Procurements Authorized GI - 1.32 Living Wage Requirements

GI - 1.33 Maryland Healthy Working Families Act Requirements GI - 1.34 Conflict of Interest Affidavit and Disclosure GI - 1.35 Additions / Deletions GI - 1.36 Changes GI - 1.37 Liability GI - 1.38 Small Business Reserve (SBR) Procurement

GI - 1.39 Compensation and Method of Payment ii

MDOT MVA Easton Branch

V-EAS-23007-M

GI - 1.40 Insurance GI - 1.41 Commercial Non-Discrimination Clause GI - 1.42 Public Information Act

GI - 1.43 Bidder’s List GI – 1.44 Reciprocal Preference GI - 1.45 Contract Initiation Requirements GI - 1.46 End of Contract Transition GI - 1.47 Financial Capabilities

SECTION 2 – SCOPE OF WORK

2.1 Background and Purpose

2.2 General Requirements

2.3 Contractor Responsibilities

2.4 MDOT MVA Facility Location, Contacts and Hours of Operations

2.5 State Observed Holidays

2.6 Mowing

2.7 Edging

2.8 Trees, Shrubs & Ground Cover

2.9 Trash and Debris Removal

2.10 Off Season Clean-Up and Leaf Removal

2.11 Extra Work

2.12 Environmental Compliance and Safety

2.13 Performance Meetings

2.14 Reductions for Non-Performance or Failure to Meet Standards

2.15 Disputes Arising from Reductions

2.16 Equipment

2.17 On-Site Supervisor

2.18 Problem Escalation Procedure (PEP)

2.19 Security Requirements

2.20 On-Site Security Requirements

SECTION 3 – IFB ATTACHMENTS

ATTACHMENT A. PRE-BID CONFERENCE RESPONSE FORM

ATTACHMENT B. BID FORM

ATTACHMENT C. BID/PROPOSAL AFFIDAVIT

ATTACHMENT F. MARYLAND LIVING WAGE AFFIDAVIT OF AGREEMENT FOR

SERVICE CONTRACTS

ATTACHMENT H. CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

ATTACHMENT M. CONTRACT

ATTACHMENT N. CONTRACT AFFIDAVIT

ATTACHMENT O. DHS HIRING AGREEMENT

ATTACHMENT P. BIDDER INFORMATION SHEET

ATTACHMENT Q. FIRM EXPERIENCE FORM

iii

MDOT MVA Easton Branch

ATTACHMENT R. WORK TICKET

V-EAS-23007-M

State of Maryland - Notice to Vendors

STATE OF MARYLAND

NOTICE TO VENDORS

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and 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 the Key Information Summary Sheet below for contact information).

Solicitation No: V-EAS-23007-M

Title: LANDSCAPING MAINTENANCE SERVICES –

MDOT MVA EASTON BRANCH

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 of Maryland 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 Key Information Summary Sheet

CONTRACT No.: V-EAS-23007-M

TITLE: Landscaping Services-MDOT MVA Easton Branch

ADVERTISED: August 05, 2022

PRE-BID MEETING: August 12, 2022 @ 10:00 AM (Local Time)

9148 Centreville Road

Easton, Maryland 21601

MANDATORY SITE VISIT: August 12, 2022 - Immediately following the Pre-Bid meeting

9148 Centreville Road

Easton, Maryland 21601

PROCUREMENT OFFICER: TaJuana Nelson

Email Address: tnelson1@mdot.maryland.gov

Phone: 410-508-6593

CONTRACT MANAGER: Bradley Wilson

BIDS ARE TO BE SENT TO: Submitted via eMMA

QUESTIONS DUE DATE: August 17, 2022 @ 2:00 PM (Local Time)

BID DUE DATE AND TIME: August 26, 2022 @ 1:00 PM (Local Time)

CONTRACT TERM: Three (3) year base term with One (1), Two (2) year renewal option

CONTRACT TYPE: Fixed Price with Price Adjustment

SBR: YES

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V-EAS-23007-M

Bidder Minimum Qualifications

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

1. The Bidder shall have a minimum of five (5) consecutive years of its entity being formed and in business performing landscaping services comparable in size, type, scope, and complexity as required in this IFB. Experience of individual personnel in the Company or firm shall not count towards meeting this requirement.

As proof of meeting this requirement, the Bidder shall provide with its Bid, a Firm Experience

Form (Attachment Q) for three (3) references from companies or organizations for which the

Bidder provided services in size, type, scope, and complexity comparable to those specified in the

Scope of Work. Each reference shall be from a client for whom the Bidder has provided services within the past five (5) years.

2. The Bidder shall assign an On-Site Supervisor who is fully and adequately trained and have a minimum of five (5) years’ experience in performing landscaping and supervision services comparable in size, type, scope, and complexity as required in this IFB. The Bidder shall provide at time of bid a resume for the proposed On-Site Supervisor demonstrating that the On-Site

Supervisor has the required experience.

3. The Bidder shall be licensed in the State of Maryland with the Department of Labor, Licensing and Regulations.

4. The Bidder shall assign a Maryland Department of Agriculture (MDA) Certified Pesticide

Applicator for the following Pesticide Categories:

• Ornamental - Exterior (e.g., insect, disease, control on plants in the landscape, and weed control in plant beds and around ornamental plantings)

• Turf (e.g., weed, insect or disease control to lawns)

• Right-Of-Way and Weed (e.g., treatment of roadsides, utilities, railroads, non-croplands, fence lines, structural perimeters, or similar areas)

As proof of meeting this requirement, the Bidder shall submit copies of current certification with the bid and shall remain certified for the duration of the contract. All Service Personnel applying pesticides shall carry an MDA ID at all times while on MDOT MVA property.

5. The Bidder shall assign a Department of Natural Resources (DNR) Licensed Tree Expert to provide trimming, pruning, thinning, cabling, shaping, removing, or reducing the crown of trees over 20 feet tall. As proof in meeting this requirement, the Bidder shall submit copies of current licenses with the bid and shall remain licensed for the duration of the contract.

SECTION 1 - GENERAL INFORMATION

GI - 1.1 Summary Statement

1.1.1 The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) is issuing this Invitation for Bids (IFB) to provide landscaping services at the MDOT MVA Easton

Branch located at 9148 Centreville Road., Easton, MD 21601.

1.1.2 It is the MDOT MVA’s intention to obtain services, as specified in this IFB, from a Contract between the successful Bidder and the MDOT MVA.

1.1.3 The MDOT MVA intends to make “a single award” as a result of this IFB.

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

GI - 1.2 Abbreviations and Definitions

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

a. Bid – A statement of price offered by a Bidder in response to an IFB.

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

c. BPW – The Maryland Board of Public Works.

d. Business Day – The official Working Days of the week to include Monday through Saturday.

Official Working Days exclude State Holidays (see definition of “Normal State Business Hours” below).

e. CFMO – Chief Facility Maintenance Officer.

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

g. Contract Manager (CM) – The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Contract Manager may authorize in writing one or more State representatives to act on behalf of the Contract Manager in the performance of the Contract

Manager’s responsibilities.

h. eMMA – eMaryland Marketplace Advantage.

i. Invitation for Bids (IFB) – This Invitation for Bids solicitation issued by the MDOT MVA, Solicitation Number V-EAS-23007-M dated August 5, 2022, including any addenda.

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

k. MDOT MVA – Maryland Department of Transportation Motor Vehicle Administration.

l. Normal State Business Hours - Normal State business hours are 8:30 a.m. – 4:30 p.m. Monday through Friday and Saturday 8:30 a.m. – 12:00 p.m. except State Holidays, which can be found at:

www.dbm.maryland.gov – keyword: State Holidays.

m. Notice to Proceed (NTP) – A letter from the Contract Manager to the Contractor stating the date the

Contractor can begin work subject to the conditions of the Contract. After Contract

Commencement, additional NTPs may be issued by the Contract Manager regarding the start date for any service included within this IFB with a delayed, or non-specified implementation date, or if the MDOT MVA decides to exercise any optional services identified in this IFB.

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

o. State – The State of Maryland.

p. Total Bid Price - The Bidder’s total price for services in response to this IFB, included in the Bid in the Contractor’s Bid Sheet, and used in determining the recommended awardee (see IFB Section

Award Basis).

q. Working Day – Same as “Business Day.”

GI - 1.3 Contract Type

Any contract resulting from this IFB shall be a fixed price contract with price adjustment as defined in

COMAR 21.06.03.02 (3).

GI - 1.4 Contract Duration

1.4.1 The Contract that results from this solicitation shall be for a three (3) year period commencing as of the date the Contract is signed by the MDOT MVA. Approval of the Contract by the Board of

Public Works will precede the final approval of the MDOT MVA, if such approval is required.

The MDOT MVA reserves the unilateral option to renew for an additional one (1), two (2) year period at the same terms, conditions, specifications and cost listed on the Contractor’s Bid Sheet.

1.4.2 As of the Notice to Proceed (NTP) Date contained in the Award Letter issued by the Procurement

Officer, the Contractor shall begin performing all activities required by the Contract, including the requirements of the solicitation.

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

V-EAS-23007-M

1.4.3 Modifications to extend a contract term are permitted only if extended before the original term expires, if the work to be performed under the extension is the same as the original contract. In the event there are unspent funds remaining, this Contract may be extended for time only for total period no longer than one-third of the base term of the original.

1.4.4 The duration of the Contract will be from the date of Contract Commencement through approximately three (3) years for the provision of all services required by the Contract, and the requirements of the IFB.

1.4.5 The Contractor’s obligations to pay invoices to subcontractors that provided services during the

Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (see Attachment M) shall survive expiration or termination of the

Contract and continue in effect until all such obligations are satisfied.

GI - 1.5 Procurement Officer

1.5.1 The Procurement Officer is the sole point of contact in the State for purposes of this solicitation prior to the award of any Contract.

1.5.2 The name and contact information of the Procurement Officer are indicated in the IFB Key

Information Summary Sheet (near the beginning of the solicitation, after the Title Page and

Notice to Vendors).

1.5.3 The MDOT MVA may change the Procurement Officer at any time by written notice to the

Contractor.

GI - 1.6 Contract Manager

1.6.1 The Contract Manager monitors the daily activities of the Contract and provides guidance to the

1.6.2 The name of the Contract Manager is located in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors).

1.6.3 The MDOT MVA may change the Contract Manager at any time by written notice to the

GI - 1.7 Pre-Bid Meeting and Site Visit

1.7.1 A Pre-Bid Meeting will be held at the date, time and location indicated in the IFB Key

Information Summary Sheet. Attendance at the Pre-Bid Meeting is mandatory. All interested

Bidders are encouraged to attend to raise questions and/or issues of concern regarding this IFB, gain an understanding of the bidding process, and facilitate better preparation of their bids. In addition, attendance may facilitate the Bidders understanding of the IFB requirements.

1.7.2 A Site Visit will be held directly after the pre-bid bid meeting at the date, time and location indicated in the IFB Key Information Summary Sheet. Attendance at the Site Visit is mandatory.

All interested Bidders must attend in order to become familiar with the project environment.

V-EAS-23007-M

1.7.3 The Pre-Bid/Site Visit Response Form shall be submitted via email to the Procurement Officer within three days of the time indicated in the IFB Key Information Summary Sheet, in order to be considered. This Form serves as a reservation for the Scheduled Site Visit. Accommodations are contingent upon Bidders submitting the Site Visit Response Form.

1.7.4 It is the sole responsibility of the Bidders to familiarize themselves fully with the scope of work and the contents of these specifications. Failure to attend the Pre-Bid Meeting or Site Visit does not relieve the successful Bidder from its obligations to comply with all aspects of this IFB and resulting Contract for the amount specified in its bid.

1.7.5 As promptly as feasible after the Pre-Bid Meeting, a written summary of the meeting and all questions and answers known will be distributed electronically via addendum on eMaryland

Marketplace Advantage at https://emma.maryland.gov.

GI - 1.8 eMaryland Marketplace Advantage

1.8.1 Each Bidder is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number on the Contractor’s Bid Sheet Form submitted at the time of its Bid submission to this

IFB.

1.8.2 eMMA is an electronic commerce system administered by the Maryland Department of General

Services. In addition to using the eMMA website (https://emma.maryland.gov) for advertisement, the solicitation and summary of the Pre-Bid Meeting, Bidder questions and the

Procurement Officer’s responses, addenda, and other solicitation-related information will be provided on eMMA.

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

Go to https://emma.maryland.gov, click on “Register” to begin the process, and then follow the prompts.

1.8.4 If you are new to eMMA, it is recommended that you download the User’s Guide available on the first page (desktop) after logging into the system. Additional assistance is available between the hours of 8:00 a.m. and 4:00 p.m., Monday thru Friday at the eMMA Help Desk (410) 767-1492 or at eMMA.helpdesk@maryland.gov.

GI - 1.9 Questions Due Date

1.9.1 Questions must be submitted in writing to the Procurement Officer via email listed in the IFB

Key Information Summary Sheet. Questions received after the due date and time listed in the IFB

Key Information Summary Sheet will not be accepted.

1.9.2 All questions and responses will be reviewed published as an Addendum to the solicitation on eMMA.

1.9.3 When submitting questions, identify in the subject line the Solicitation Number and Title https://emma.maryland.gov/ mailto:eMMA.helpdesk@maryland.gov

GI - 1.10 Procurement Method

This procurement is being conducted in accordance with the Code of Maryland Regulations (“COMAR”), Title 21, State Procurement Regulations, COMAR 21.05.02, Procurement by Competitive Sealed

Bidding.

GI - 1.11 Bids Due (Closing) Date and Time

1.11.1 All bid responses must be submitted through eMaryland Marketplace Advantage (eMMA), the

State of Maryland’s procurement website, located at https://emma.maryland.gov/. Bids will not be accepted by email, fax, U.S. Mail, or hand delivery. You must be registered and logged in to submit a bid on eMMA.

1.11.2 When submitting your completed bid, the following documents must be submitted:

• All Addenda Acknowledgment Pages

• Contractor’s Bid Sheet

• Bid Affidavit

• References in accordance with Bidder Qualifications section, No. 1

• On-Site Supervisor resume in accordance with Bidder Qualifications section, No. 2

• DLLR License in accordance with Bidder Qualifications section, No. 3

• MDA Pesticide License in accordance with Bidder Qualifications section, No. 4

• DNR Tree Expert License in accordance with Bidder Qualifications section, No. 5

• Offeror Information Sheet

1.11.3 Requests for extension of this time or date will not be granted. Except as provided in COMAR

21.05.02.10, Bids received after the due date and time listed in this IFB will not be considered.

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

1.11.5 Bids may not be submitted by e-mail or facsimile.

1.11.6 Vendors not responding to this solicitation are requested to submit the “Notice to Vendors” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.).

1.11.7 Prices submitted in response to this solicitation are irrevocable for ninety (90) days following the bid due date. The Procurement Administrator may; however, request vendors to extend the time during which the MDOT MVA may accept their bids. Once a bid is accepted, all prices, terms and conditions shall remain unchanged.

GI - 1.12 Multiple or Alternate Bids

Multiple and/or alternate Bids will not be accepted.

GI - 1.13 Receipt, Opening and Recording of Bids

1.13.1 Receipt. 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.

1.13.2 Opening and Recording. Bids and timely modifications to Bids shall be opened publicly, at the time, date and place designated in the IFB. 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.

1.13.3 The Bid Opening (See Key Information Summary Sheet).

GI - 1.14 Confidentiality of Bids

1.14.1 The Bids shall be tabulated, or a Bid abstract made. The opened Bids shall be available for public inspection at the time of Bid opening, 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.

1.14.2 For requests for information made under the Maryland Public Information Act (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.

GI - 1.15 Basis of Award

The Contract will be awarded to the responsive and responsible bidder submitting the most favorable evaluated bid price. The quantities shown on the Schedule of Prices/Contractor’s Bid Sheet are for evaluation purposes and to establish firm, fixed unit prices for the duration of the Contract. The quantities shown are not guaranteed amounts.

GI - 1.16 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

GI - 1.17 Duration of Bid

Bids submitted in response to this IFB are irrevocable for 90 days following the closing date of the Bids.

This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

GI - 1.18 Revisions to the IFB / Amendments and Acknowledgements

1.18.1 If it becomes necessary to revise this IFB before the due date for Bids, the MDOT MVA shall endeavor to post addenda to all prospective Bidders that were sent this IFB on the eMMA web

V-EAS-23007-M

page. It remains the responsibility of all prospective Bidders to check the website for any addenda issued prior to the submission of Bids.

1.18.2 If it becomes necessary to revise this IFB, amendments will be posted via https://emma.maryland.gov. Acknowledgement of the receipt of all amendments to the IFB must be submitted with bid package by the Bidder. Failure to acknowledge receipt does not relieve the bidder from complying with all terms of any such amendment.

GI - 1.19 Cancellations

The State reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part, received in response to this IFB.

GI - 1.20 Incurred Expenses

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

GI - 1.21 Protest/Disputes

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

GI - 1.22 Bidder Responsibilities

1.22.1 The selected Bidder shall be responsible for rendering services for which it has been selected as required by this IFB. All subcontractors shall be identified and a complete description of their role relative to the Bid shall be included in the Bidder’s Bid. 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) of this IFB (see “Minority Business

Enterprise Goals” and “Veteran-Owned Small Business Enterprise Goals.”).

1.22.2 If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder, such as 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 shall submit with its Bid an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

1.22.3 If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all information submitted by the Bidder, such as 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 that the parent organization will guarantee the performance of the subsidiary.

GI - 1.23 Substitution of Personnel

If the IFB requires that a particular individual, or personnel, be designated by the Bidder to work on the

Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract Manager prior to the substitution. If the Contractor substitute’s personnel without the prior written approval of the Contract Manager, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the State’s remedies under the Contract or which otherwise may be available at law or in equity.

GI - 1.24 Mandatory Contractual Terms

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

M. Any exceptions to this IFB or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Contractor’s Bid Sheet or Contract, made by the Bidder may result in Bid rejection.

GI - 1.25 Bid/Proposal Affidavit

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

GI - 1.26 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 as Attachment N of this IFB. This Affidavit must be provided within Ten (10) Business Days of notification of proposed

Contract award. This Contract Affidavit is also required to be submitted by the Contractor with any

Contract renewal, including the exercise of any options or modifications that may extend the Contract term. For purposes of completing Section “B” of this Affidavit (Certification of Registration or

Qualification with the State Department of Assessments and Taxation), note that a business entity that is organized outside of the State of Maryland is considered to be a “foreign” business.

GI - 1.27 Compliance with Laws/Arrearages

1.27.1 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.

1.27.2 By submitting a response to this IFB, 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 that it shall not become so in arrears during the term of the Contract if selected for Contract award.

GI - 1.28 Verification of Registration and Tax Payment

V-EAS-23007-M

1.28.1 Before a business entity can do business in the State it must be registered with the State

Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. The SDAT website is www.dat.state.md.us/sdatweb/services.html .

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

GI - 1.29 Electronic Funds Transfer

By submitting a response to this IFB, the Bidder agrees to accept payments by electronic funds transfer unless the MDOT MVA grants an exemption. The selected Bidder shall register using the Maryland

Department of Transportation Motor Vehicle Administration Vendor Electronic Funds Transfer (EFT)

Registration Request Form. Any request for exemption must be submitted to the MDOT MVA’s Office of

Finance for approval at the address specified on the EFT Registration Request Form and must include the business identification information as stated on the form and the reason for the exemption.

GI - 1.30 Prompt Payment Policy

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

Payment Policy Directive issued by the Governor’s Office of Small, Minority and 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 must comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Payment” (see Attachment M).

Additional information is available on GOSBA’s website at:

http://goma.maryland.gov/Documents/Legislation/PromptPaymentFAQs.pdf

GI - 1.31 Electronic Procurements Authorized

1.31.1 Under COMAR 21.03.05, unless otherwise prohibited by law, the MDOT MVA may conduct certain procurement transactions by electronic means, as provided in Md. Code Ann., Maryland

Uniform Electronic Transactions Act, Commercial Law Article, Title 21.

1.31.2 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 IFB or the Contract.

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

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

1.31.4 In addition to specific electronic transactions specifically authorized in other sections of this IFB

(e.g., § 1.30 “Payments by Electronic Funds Transfer”) and subject to the exclusions noted in http://www.dat.state.md.us/sdatweb/services.html http://goma.maryland.gov/Documents/Legislation/PromptPaymentFAQs.pdf

V-EAS-23007-M

Section 1.31.5 of this Subsection, the following transactions are authorized to be conducted by electronic means on the terms described:

1. The Procurement Officer may conduct the IFB using eMMA, e-mail to issue:

(a) the IFB;

(b) any amendments;

(c) Pre-Bid meeting documents;

(d) questions and responses;

(e) communications regarding the IFB or Bid to any Bidder or potential Bidder;

(f) notices of award selection or non-selection; and

(g) the Procurement Officer’s decision on any Bid protest or Contract claim.

2. A Bidder or potential Bidder may use e-mail to:

(a) ask questions regarding the IFB;

(b) reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer’s request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the

Procurement Officer;

(c) submit a "Notice to Vendors" response to the IFB.

3. The Procurement Officer, the Contract Manager, and the Contractor may conduct day-to-day

Contract administration, except as outlined in Section 1.31.5 of this Subsection utilizing e-mail, facsimile, or other electronic means if authorized by the Procurement Officer or

Contract Manager.

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

1. submission of initial Bids;

2. filing of Bid Protests;

3. filing of Contract Claims and Notices of Claim;

4. submission of documents determined by the MDOT MVA to require original signatures (e.g., Contract execution, Contract modifications, etc.); or

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

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

GI - 1.32 Living Wage Requirements

Maryland law requires that contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and

Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at the Department of

Labor, Licensing and Regulation requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05.

V-EAS-23007-M

If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

Bidders must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement

(Attachment F) with their Bids. If the Bidder fails to complete and submit the required documentation, the

State may determine the Bidder to not be responsible under State law.

Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or a Tier 2 Area of the State. The specific

Living Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2

Area of the State.

a. The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore

Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the

State, the head of the unit responsible for a State Contract pursuant to §18-102(d) of the State

Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. If the Contractor provides more than 50% of the services from an out-of-

State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, the Contract will be determined to be a Tier

(enter “1” or “2,” depending on where the majority of the service recipients are located) Contract.

b. The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder must identify in its Bid the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided.

c. If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract.

d. If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract.

If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located.

See COMAR 21.11.10.07.

THIS IS A TIER 2 CONTRACT.

The Bidder shall identify in the Bid the location from which services will be provided.

NOTE: Whereas the Living Wage may change annually, the Contract price will not change because of a

Living Wage change. The Contractor shall be responsible for any wage/rate increase during the term of the Contract and such increase may not be passed on to the State.

GI - 1.33 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All offerors 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 web site for Maryland Healthy Working Families Act

Information: http://dllr.maryland.gov/paidleave/

GI - 1.34 Conflict of Interest Affidavit and Disclosure

1.34.1 The Bidder shall complete and sign the Conflict-of-Interest Affidavit and Disclosure

(Attachment H) and submit it with its Bid.

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

1.34.3 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.

1.34.4 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.”

GI - 1.35 Additions / Deletions

The MDOT MVA's Procurement Officer, upon five (5) days written notice to the Contractor, may add or delete any item covered under this IFB. When a unit is added or deleted, a rate adjustment shall be made proportionately.

GI - 1.36 Changes

The Procurement Officer may make any changes in the work within the general scope of the Contract at any time by written order designated to be a change order. If any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under the Contract, an equitable adjustment shall be made, and the Contract shall be modified in writing accordingly.

GI - 1.37 Liability

1.37.1 The Contractor agrees to assume full responsibility for any and all damage to the property of the

MDOT MVA, both real and personal, which results from or arises in connection with the performance of this Contract.

1.37.2 The Contractor hereby agrees to indemnify and save harmless the State of Maryland, the

Maryland Department of Transportation, and MDOT MVA and its employees against any and all claims, damages, costs, losses and liabilities whatsoever, for any and all injury to persons and property which may arise out of the performance of this Contract.

http://dllr.maryland.gov/paidleave/

V-EAS-23007-M

1.37.3 The Contractor agrees to maintain adequate insurance coverage as identified in “Insurance

Requirements” of this IFB in order to fulfill responsibility under this section.

GI - 1.38 Small Business Reserve (SBR) Procurement

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement

Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by GOSBA Small

Business Reserve Program are eligible for award of a contract.

For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria:

a) It is independently owned and operated;

b) It is not a subsidiary of another business;

c) It is not dominant in its field of operation; and

a. With respect to employees, in its most recently completed three (3) fiscal years:

a) Its wholesale operations did not employ more than 50 persons;

b) Its retail operations did not employ more than 25 persons;

c) Its manufacturing operations did not employ more than 100 persons;

d) Its service operations did not employ more than 100 persons;

e) Its construction operations did not employ more than 50 persons;

and

f) The architectural and engineering services of the business did not employ more than 100 persons; or

b. With respect to gross sales, in its most recently completed three (3) fiscal years:

a) The gross sales of its wholesale operations did not exceed an average of $4,000,000;

b) The gross sales of its retail operations did not exceed an average of

$3,000,000;

c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000;

d) The gross sales of its service operations did not exceed an average of $10,000,000;

e) The gross sales of its construction operations did not exceed an average of $7,000,000; and

f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000.

d) Note: If a business has not existed for three (3) years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

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e) Further information on the certification process is available at eMaryland

Marketplace Advantage.

Ineligible Proposals. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract.

Before awarding a contract under a procurement designated as a small business reserve procurement, the

Procurement Officer shall verify that the apparent awardee is certified by the Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.

GI - 1.39 Compensation and Method of Payment

1.39.1 Payment will be made by Electronic Funds Transfers within thirty (30) days following proper receipt of an approved invoice from the Contractor.

1.39.2 All invoices and/or correspondence pertaining to invoices shall be identified with Contract

Number V-EAS-23007-M and shall be forwarded to MVAAPInvoices@mdot.maryland.gov.

1.39.3 All services provided under this Contract shall be billed within thirty (30) days from date of service and in accordance with the bid prices on Schedule of Prices or the Contractor’s Bid Sheet.

1.39.4 All invoices for services shall be signed by the Contractor and submitted to the Contract

Manager. All invoices shall include the following information:

• Contractor name;

• Remittance address;

• Telephone number;

• Contact Person;

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number);

• Invoice period;

• Invoice date;

• Invoice number

• State assigned Contract number;

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

• Goods or services provided; and

• Amount due.

1.39.5 Invoices submitted without the required information cannot be processed for payment until the

Contractor provides the required information.

GI - 1.40 Insurance

1.40.1 The Contractor shall maintain the following coverage:

• Worker’s Compensation & Employers Liability Coverage (WC/EL)

• Commercial General Liability (CGL)

• Automobile Liability (AL)

• Excess/Umbrella (XS/UMB) mailto:MVAAPInvoices@mdot.maryland.gov

1.40.2 Workers Compensation & Employers Liability Coverage (W C/EL)

Section A: Statutory Benefits as required by the State of Maryland, or the state of hire

Section B: Employers Liability - $500,000 Each Accident, $500,000 Disease Policy Limit, $500,000 Disease – Each Employee

1.40.3 Commercial General Liability (CGL)

Bodily Injury/Property Damage Each Occurrence Limit $ 1,000,000

Personal & Advertising Injury Limit $ 1,000,000

General Aggregate Limit $ 2,000,000

Products/Completed Operations Aggregate Limit $ 2,000,000

Fire Legal Liability $ 300,000

Medical Payments to Others $ 10,000

1.40.4 Automobile Liability (AL)

Combined Single Limit $ 1,000,000

Include Owned, Hired and Non-Owned Auto Liability

Uninsured/Underinsured Motorists $ 1,000,000

1.40.5 Excess/Umbrella (XS/UMB)

Each Occurrence Limit $ 2,000,000

Aggregate Limit $ 2,000,000

1.40.6 If recommended for award, within 10 business days from notification by the Procurement Officer that the successful Bidder has been determined to be the apparent awardee, the Contractor shall:

(i) provide the State with current certificates of insurance that identify the MDOT MVA as an additional insured, and (ii) shall maintain and report such insurance annually to the Procurement

Officer.

1.40.7 The State shall be named as an additional named insured on the policies with the exception of

Worker’s Compensation Insurance and Professional Liability Insurance. Certificates of insurance evidencing coverage shall be provided prior contract award. All insurance policies shall be endorsed to include a clause that requires that the insurance carrier provide the Contract Manager, by certified mail, not less than 45 days advance notice of any non-renewal, cancellation, or expiration. In the event the Contract Manager receives a notice of non-renewal, the Contractor shall provide the Contract Manager with an insurance policy from another carrier at least 30 days prior to the expiration of the insurance policy then in effect. All insurance policies shall be with a company licensed by the State to do business and to provide such policies.

GI - 1.41 Commercial Non-Discrimination Clause

1.41.1 As a condition of entering into any Contract that…