V-MUL-26004-C_-_IFB_ON_CALL_CONTRACT_REPAIRS_AND_RENOVATIONS-_5-9-2025_-F.pdf

STATE OF MARYLAND

MOTOR VEHICLE ADMINISTRATION (MVA)

INVITATION FOR BIDS (IFB)

MVA ON CALL FACILITY REPAIRS AND RENOVATIONS

SOLICITATION NUMBER: V-MUL-26004-C

EMMA #: BPM051187

DATE: MAY 09, 2025

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the 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

Statewide IFB Template versi on 2.0 -

12.4.20 20

Solicitation: V-MUL-26004-C IFB Document

Page iii of 77

MARYLAND MOTOR VEHICLE ADMINISTRATION

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: MVA ON CALL FACILITY REPAIRS AND RENOVATIONS Solicitation #: V-MUL-26004-C

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: ________________________________________________________________

Page iv of 77

STATE OF MARYLAND

MOTOR VEHICLE ADMINISTARTION (MVA)

KEY INFORMATION SUMMARY SHEET

Invitation for Bids MVA ON CALL FACILITY REPAIRS AND

RENOVATIONS.

RE-ADVERTISEMENT

Solicitation Number: V-MUL-26004-C

IFB Issue Date: May 09, 2025

IFB Issuing Office: Motor Vehicle Administration (MVA)

Procurement Officer: Mennah Gargard Motor Vehicle Administration 6601 Ritchie Highway, NE, Room 223 Glen Burnie, Maryland 20162

E-mail:

Office Phone:

Mgargard1@mdot.maryland.gov

(443) 890-1617

Bids are to be sent to: Submit via eMaryland Marketplace Advantage (eMMA)

Pre-Bid Conference/Mandatory Site:

No Pre-Bid Meeting – (See Initial Pre-Bid Script on eMMA)

Questions Due Date and Time May 16, 2025, at 2:00 PM Local Time

Bid Due (Closing) Date and Time: May 29, 2025, at 2:00 PM Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iii).

Bid Opening Date and Time May 29, 2025, at 2:00 PM Local Time

MBE Subcontracting Goal: 29%

VSBE Subcontracting Goal: 0%

Contract Type: Indefinite Quantity Firm Fixed Price with price escalation

Contract Duration: Three (3) Year Base Period, with two (2) one-year Renewal Option

Primary Place of Performance: Multiple MVA locations

SBR Designation: Yes

Federal Funding: No

Page v of 77

TABLE OF CONTENTS – IFB

Minimum Qualifications

Bidder Minimum Qualifications

2 Scope of Work

2.1 Summary Statement

2.3 General Requirements

2.4 Responsibilities and Tasks

2.5 Contractors Responsibilities

3 Contractor Requirements: General

3.1 Invoicing

3.3 Liquidated Damages

3.4 Insurance Requirements

3.5 Security Requirements

3.6 Performance and Personnel

3.7 Substitute of Personnel

3.8 Minority Business Enterprise (MBE) Reports

3.9 Veteran Small Business Enterprise (VSBE) Reports

3.10 Additional Clauses

4 Procurement Instructions

4.1 Pre-Bid Conference

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

4.11 Limitations of Liability

4.12 Tie Bids

4.13 Duration of Bids

4.14 Revisions to the IFB

4.15 Cancellations

Page vi of 77

4.16 Incurred Expenses

4.17 Protest/Disputes

4.18 Bidder Responsibilities

4.19 Acceptance of Terms and Conditions

4.20 Bid/Proposal Affidavit

4.21 Contract Affidavit

4.22 Compliance with Laws/Arrearages

4.23 Verification of Registration and Tax Payment

4.24 False Statements

4.25 Payments by Electronic Funds Transfer

4.26 Prompt Payment Policy

4.27 Electronic Procurements Authorized

4.28 MBE Participation Goal

4.29 VSBE Participation Goal

4.30 Living Wage Requirements

4.31 Federal Funding Acknowledgement

4.32 Conflict of Interest Affidavit and Disclosure

4.33 Non-Disclosure Agreement

4.34 HIPAA - Business Associate Agreement

4.35 Nonvisual Access

4.36 Mercury and Products That Contain Mercury

4.37 Location of the Performance of Services Disclosure

4.38 Department of Human Services (DHS) Hiring Agreement

4.39 Small Business Reserve (SBR) Procurement

4.40 Bonds

4.41 Maryland Healthy Working Families Act Requirements

4.42 Prompt Payment of Subcontractors

4.43 Differing Site Conditions

4.44 Site Investigation

4.45 Payment of Employee Health Care Expenses

4.46 Change Orders

5 Bid Format

5.1 One Part Submission

5.2 Bid Price Form

Page vii of 77

5.3 Required Bid Submission

5.5 Delivery

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/Site Visit 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

Attachment Q. Health Care Expenses Certification

Attachment P Prevailing Wage

Attachment R Technical Specifications

Attachment S Drawing

Page viii of 77

Appendix 1. – Abbreviations and Definitions

Appendix 2 Bidder Information Sheet

Appendix 3 Performance Bond

Appendix 4 Payment Bond

Appendix 5 Bid Bond

Minimum Qualifications

Bidder Minimum Qualifications

1.1.1 The Bidder shall have a minimum of five (5) years of experience as a Commercial General

Contractor and shall have managed projects of similar size, scope, and complexity. As proof of meeting this requirement, the Bidder shall provide with its Bid a completed Contractor’s Questionnaire (Attachment P1 – Attachment on eMMA) listing three (3) references, to be contacted by the MVA, for which the Contractor has performed similar work during the past five (5) years.

1.1.2 The Contractor must possess a valid Maryland business license and have the technical ability and legal authority to perform and manages the services identified in the contract. Contractor must be licensed at the time of bid submittal. As proof of meeting this requirement, the Bidder is required to provide a copy of a valid Maryland business license.

1.1.3 Contractor must be registered in the State of Maryland to conduct business in Maryland and be registered with the Maryland Department of Labor, Licensing, and Registration (DLLR); and must be in good standing with the State of Maryland to be awarded this contract and must remain in good standing for the duration of the Contract. As proof of meeting this requirement, the Bidder shall provide with its Bid a copy of its Maryland Department of Labor, Licensing, and Registration certificate.

1.1.4 Bidder shall not have any persons and/or companies name listed as barred from doing business with a public body in the State of Maryland.

1.1.5 Contractor and Subcontractors shall hold applicable State license for their trade, in one or more of the following Labor Classification Descriptions:

• Skilled Laborer - This classification includes all skilled trade specialists that are not a Plumber, Electrician, HVACR worker, Carpenter, Roofer, Mason, or Facility Construction on Supervisor.

• Facility Construction Supervisor - This classification for a Facility Construction Supervisor shall include a work truck to be used for transporting workers, materials, and equipment. This worker shall have a minimum of five

(5) years’ experience as a Facility construction and/or repair supervisor.

• Master Electrician - This classification includes all workers who are licensed as Master Electricians in the State of Maryland. This worker shall have a minimum of five (5) years’ experience.

• Electrician - This classification is for an electrician who has a minimum of six

(6) years’ experience performing all aspects of electrical work.

• Master Plumber - This classification includes all workers who are licensed as

Master Plumbers in the State of Maryland. This worker shall have a minimum of five (5) years’ experience.

• Journeyman Plumber - This classification for a Maryland State Licensed Journeyman Plumber and shall include all equipment and small tools necessary to perform the work. This worker shall have a minimum of five (5) years’ experience.

• HVACR Master - This classification is for a Maryland State Licensed Master HVACR worker and shall include all equipment and small tools necessary to perform the work. This worker shall have a minimum of five (5) years’ experience.

• HVACR Journeyman - This classification is for a Maryland State Licensed Journey HVACR worker and shall include all equipment and small tools necessary to perform the work. This worker shall have a minimum of five (5) years’ experience.

• Carpenter - This classification is for a Carpenter and shall include all equipment and small tools necessary to perform the work. This worker shall have a minimum of five (5) years’ experience.

• Roofer - This classification is for a Roofer qualified to install built-up, metal and shingle roofs and shall include all equipment and small tools necessary to perform the work. This worker shall have a minimum of five (5) years’ experience.

• Mason - This classification is for a Mason and shall include all equipment and small tools necessary to perform the work. This worker shall have a minimum of five (5) years’ experience.

• Common or Unskilled Labor - This classification is for workers who assist and are supervised by trades people.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Maryland Motor Vehicle Administration (MVA) is issuing this Invitation for Bids (IFB) for

On Call Facility Repairs and Renovations. The Contractor shall furnish all equipment, labor, materials, necessary to perform the services.

2.1.2 It is the State’s intention to obtain services, as specified in this IFB, from a Contract between the selected Bidders and the State. The anticipated duration of services to be provided under this Contract can be found on the IFB Key Information Summary Sheet (page iv).

The MVA intends to make multiple awards as a result of this IFB to the responsible Bidder(s) that submit the lowest responsive Bid and propose a team of resources that can best satisfy the IFB requirement.

2.2 Background and Purpose

2.2.1 The MVA plays a vital role in ensuring mobility for Maryland residents and road users.

MVA is responsible for providing several tasks but not limited to licensing all commercial and non-commercial drivers, and manages Driver Instructional, Vehicle Services, Driver Wellness and Motor Vehicle Safety Programs etc.

2.2.2 The purpose of issuing this Invitation for Bids (IFB) is to procure On Call Facility Repairs and Renovations at various MVA facilities including branch offices, express service locations, and VEIP stations. The work may include but is not limited to the following:

2.2.2.1 Roof leak repairs include membrane, insulation, decking and drains.

2.2.2.2 Facility Roof Replacement (partial or complete).

2.2.2.3 Floor tile removal and replacement.

2.2.2.4 Interior Facility painting & associated finishes.

2.2.2.5 Carpet roll or tile removal and replacement

2.2.2.6 Acoustic ceiling tile (ACT) and gypsum board ceiling replacement.

2.2.2.7 Repair electrical and mechanical installations.

2.2.2.8 Repair and/or replace and upgrade HVAC installations.

2.2.2.9 Repair and/or replace Facility damaged from natural forces or accidents.

2.2.2.10 Repair cracks in Facility foundations, walls and floors.

2.2.2.11 Repair and/or replace and re-point masonry.

2.2.2.12 Repair and/or replace windows and doors.

2.2.2.13 Repair and/or replace on-site utilities.

2.2.2.14 Installation of new utilities.

2.2.2.15 Miscellaneous Facility and site repairs, enhancements and modifications, which may or may not be security related and/or emergency related.

2.2.2.16 Repair and/or replace plumbing including fixtures.

2.2.2.17 Repair and/or replace light fixtures.

2.2.2.18 Providing access for in-depth inspections of facility components, including Building and site features.

2.2.2.19 Facilities site preservation repairs, which include curb and gutter repairs, sidewalk replacement, asphalt concrete resurfacing, handicapped parking delineations, striping, campus sign structures, security fencing, gates and street/parking lot lighting.

2.2.2.20 Storm Water Management and Erosion and Sedimentation Control features.

2.2.2.21 Miscellaneous inlet and drainpipe repairs or replacement.

2.2.2.22 Hazmat material testing and abatement.

2.2.2.23 Directional Boring for Site Utility Installation.

2.3 General Requirements

2.3.1 This contract shall conform to all State and local applicable regulations, the Code of Maryland Regulations (COMAR 05.02.01) including and not limited to the following:

National Electric Code (NEC) International

Building Code (IBC)

International Plumbing Code (IPC)

National Fire Protection Association (NFPA) International

Mechanical Code (IMC)

Maryland Occupational Safety & Health Administration (MOSHA)

Maryland ADAAG and ANSI A11.71

The Manual on Uniform Traffic Control Devices (MUTCD) The

Maryland MUTCD

The MDSHA Book of Standards

The MDSHA Standard Sign Book

2.4 Responsibilities and Tasks

Personnel roles and responsibilities under the IFB:

2.4.1 Procurement Officer – The Procurement Officer has the primary responsibility for the management of the IFB process, for the resolution of IFB Agreement scope issues, and for authorizing any changes to the IFB.

2.4.2 Contractor – The Contractor is the Contractors awarded this IFB and are responsible for the performance of the scope of work within this IFB.

2.4.3 Contractor Manager – The Contractor Manager will serve as primary point of contact to regularly discuss progress of tasks, upcoming tasking, historical performance, and resolution of any issues that may arise pertaining to the Contractor Personnel.

2.4.4 Contractor Personnel – Any official, employee, agent, Subcontractor, or Subcontractor agents of the Contractor who is involved with the Task over the course of the Contract period of performance.

2.5 Contractors Responsibilities

The Contractor shall:

2.6 Work Schedules

2.6.1 Normal working hours shall be 8AM to 5PM, Monday through Friday. Work that begins after 5PM may not be considered overtime. This is considered normal shift depending on the type of work and agreement between contractor and MVA. However, any additional hours worked outside of approved hours for the work will be considered overtime.

2.6.2 The Contractor shall obtain written approval from MVA’s Project Manager for any deviation from normal working hours. If such approval is granted, all work will be at the conducted and priced in accordance with the Contractor’s submitted awarded for a specific hour.

2.7 MVA Branch Locations and Addresses

Annapolis 160 Harry Truman Parkway Annapolis, MD 21401

Essex 1338A Eastern Blvd.

Baltimore, MD 21221

Loveville 27351 Point Lookout Road Leonardtown, MD 20650

Baltimore City 5425 Reisterstown Road Baltimore, MD 21215

Frederick 1601 Bowman Farm Road Frederick, MD 21701

Oakland 400 Weber Road Route 135 & Weber Road Oakland, MD 21550

Belair 501 W. MacPhail Road Belair, MD 21014

Gaithersburg 15 Metropolitan Grove Gaithersburg, MD 20878

Prince Frederick 200 Duke Street Prince Frederick, MD 20678

Beltsville 11760 Baltimore Avenue Beltsville, MD 20705

Glen Burnie 6601 Ritchie Highway, N.E.

Glen Burnie, MD 21062

Salisbury 251 Tilghman Road Salisbury, MD 21804

Columbia 6490 Dobbin Road Columbia, MD 21045

Kemp Mill 1327 Lamberton Drive Silver Spring, MD 20902

Waldorf 11 Industrial Park Drive Waldorf, MD 20602

Cumberland 13300 Winchester Road, SW Cumberland, MD 21502

Hagerstown 18306 Col. Henry K. Douglas Drive Hagerstown, MD 21740

Walnut Hill 16520 S. Westland Drive Gaithersburg, MD 20877

Easton 9148 Centreville Road, SW Easton, MD 21601

Largo 10251 Central Avenue Upper Marlboro, MD 20772

White Oak 2131 Industrial Parkway Silver Spring, MD 20904

Elkton 105 Chesapeake Blvd., Suite A Elkton, MD 21921

Loch Raven/Parkville 8966 Waltham Woods Road Parkville, MD 21234

Westminster 1106 Baltimore Blvd.

Westminster, MD 21157

3 Contractor Requirements: General

3.1 Invoicing

3.1.1 General

a) The Contractor shall send the original of each invoice and signed authorization to invoice to the Contract Manager, via e-mail address, or as otherwise requested by the MVA. Contract Manager will be identified upon Notice to Proceed

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

c) All invoices and/or correspondence pertaining to invoices shall be identified with the Contract Number and shall be forwarded to MVAAPInvoices@mdot.maryland.gov.

d) 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.

e) 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.

f) The MVA reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the MVA 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.

g) Any action on the part of the MVA, 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.

h) 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.

mailto:MVAAPInvoices@mdot.maryland.gov

i) 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.

3.1.2 Invoice Submission Schedule

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

1. 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 MVA.

2. For items of work for which there is quarterly pricing, see Attachment B–Bid Form, those items shall be billed in the month following the performance of the services.

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

4. The amount invoiced is inconsistent with the Contract;

5. The proper invoice has not been received by the party or office specified in the

Contract;

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

7. The item or services have not been accepted;

8. The quantity of items delivered is less than the quantity ordered;

9. The items or services do not meet the quality requirements of the Contract;

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

11. 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

12. 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.

3.2 Retainage

This contract is subject to the provision of COMAR 21.07.02.05-3. Ten percent (10%) of the total Contract value shall be retained by the MVA and will not be released until final payment.

The Contractor shall invoice the State for the retainage amount as part of the final invoice.

3.3 Liquidated Damages

3.3.1 MBE Liquidated Damages

MBE Liquidated Damages as identified in Attachment M is applicable for this IFB.

3.3.2 Liquidated Damages other than MBE

Time is an essential element of the contract, and it is important that the work be vigorously prosecuted until completion.

For each day that any work shall remain uncompleted beyond 120 Calendar Days from the date of NTP, except for days due to excusable delays, the Contractor shall be liable for liquidated damages in the amount of $700 per day. However, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved change orders."

3.4 Insurance Requirements

3.4.1 The Contractor shall also confirm that any insurance policies intended to satisfy the requirements of this IFP are issued by a company that is licensed to do business in the State of Maryland.

3.4.2 The recommended awardee must provide a certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in the IFB “Insurance Requirements” within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts the Contractor shall update certificates of insurance annually, or as otherwise directed by the Contract Manager

3.4.3 Contractor shall maintain commercial general liability (CGL) insurance and, if necessary, commercial umbrella insurance, with a limit of not less than $2,000,000 per each occurrence and shall insure against liability to third parties for accidental death, bodily injury or illness, property damage, and personal injury arising out of the work in connection with the Contract.

3.5 Security Requirements

The following requirements are applicable to the Contract:

3.5.1 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 if applicable, and wearing the badge in a visual location at all time.

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.

3.6 Performance and Personnel

3.6.1 Contractor Personnel Maintain Certifications

3.6.2 Any Contractor Personnel shall maintain in good standing and required professional certifications for the duration of the Contract

3.7 Substitute of Personnel

3.7.1 The Contract Manager may direct the Contractor to replace any Contractor Personnel who, in the sole discretion of the Contract Manager, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law or Department, Contract, or Contract requirement.

3.8 Minority Business Enterprise (MBE) Reports

The Department will monitor both the Contractor’s efforts to achieve the Minority Business Enterprise (MBE) participation goal and compliance with reporting requirements.

Submit the following reports by the 10th of the month following the reporting period to the Contract Monitor and the MVA MBE representative:

1) A Prime Contractor Paid/Unpaid MBE Invoice Report 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 identifying an MBE prime’s self-performing work to be counted towards the MBE participation goals.

3.9 Veteran Small Business Enterprise (VSBE) Reports

The Department will monitor both the Contractor’s efforts to achieve the Veteran Small Business Enterprise (VSBE) participation goal and compliance with reporting requirements.

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

1) VSBE Participation Prime Contractor Paid/Unpaid VSBE Invoice Report 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, 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.

3.10 Additional Clauses

3.10.1 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.

3.10.2 Green Purchasing

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

This information will enable Maryland State agencies to comply with Article §14–405 of the Annotated Code of Maryland and COMAR 21.13.01.14, effective October 1, 2014, which requires Maryland state agencies to report to the Department of General Services on their procurement of environmentally preferable products and services.

To facilitate consistent reporting on targeted contracts, the Contractor will be required to submit quarterly VENDOR GREEN SALES REPORTs to MVA’s Socioeconomic Office. MVA’s Socioeconomic Office will provide the awarded Contractor and subcontractors further Green Purchasing Report submittal requirements, template and schedule after contract award.

Additional Green Purchasing information is available on the Office of State Procurement’s website at https://dgs.maryland.gov/pages/greenpurchasing/index.aspx.

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/ https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdgs.maryland.gov%2Fpages%2Fgreenpurchasing%2Findex.aspx&data=04%7C01%7Cdedet%40mdot.state.md.us%7C9dffa68b849244f362e508d9d7709a4a%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C637777700889603004%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=NKKYLt7QnOEPT1DZKIEY3eQKwhaW%2BPfD9kreSsPWuqY%3D&reserved=0

4 Procurement Instructions

4.1 Pre-Bid Conference

4.1.1 A no pre-Bid conference (Conference) will be held at the date, time, and location indicated on the

Key Information Summary Sheet. Please default to the pre-bid conference in the initial solicitation.

4.1.2 Attendance at the Conference is mandatory, and all interested parties are encouraged to attend in order to facilitate better preparation of their Bids.

4.1.3 Following the Conference, the attendance record and summary of the Conference will be distributed via the same mechanism described for amendments and questions. Contractors are advised of the Site Investigation clause.

4.2 eMaryland Marketplace Advantage (eMMA)

4.2.1 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.

4.2.2 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.

4.3 Questions

4.3.1 All questions regarding this solicitation, including concerns regarding any applicable, shall be sent to the Procurement Officer by email no later than the date and time specified on the Key Information Summary Sheet under Questions Due Date and Time. Please, identify in the email subject line: the solicitation title and contract number.

4.3.2 If a question is received late, 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.”

4.3.3 Questions received timely by the Procurement Officer will be addressed in an amendment and posted on eMMA.

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

4.4 Procurement Method

A Contract will be awarded in accordance with the Master Contract method under COMAR 21.05.13.

Master Contract award, as outlined in the Maryland COMAR, means a contract will be awarded to a group of qualified offerors (Master Contractors) who are pre-qualified for specific services, supplies, or commodities and then secondary competitions are used for specific assignments. This system streamlines procurement and aims for efficiency and cost savings.

4.5 Bid Due (Closing) Date and Time

4.5.1 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.

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

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

4.5.3 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.

4.5.4 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.

4.5.5 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.

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

4.5.7 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).

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids

4.7.1 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.

4.8 Confidentiality of Bids / Public Information Act Notice

4.8.1 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.

4.8.2 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.

4.8.3 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.

4.9 Award Basis

4.9.1 The MVA intends to award multiple awards under this IFB to the successful offeror (contractor).

4.9.2 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.

4.9.3 Bidders must bid on 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.

4.9.4 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.

4.10 Assignment of Work

4.10.1 The MVA will order services or supplies to be furnished under this contract by issuing PORFP procedures with a corresponding approved Purchase Order. The MVA will issue a Purchase Order. The Agency POC will submit a PORFP to all Contractors awarded a Master Contract to sell the manufacturer product line requested. As an example, each PORFP may contain the following information:

A) Agency POC;

B) Description of the work to be performed;

C) Invoicing instructions;

D) Required date for submission of price quote;

E) Installation requirements, if applicable;

F) Type of PORFP (Fixed Price or Time and Materials);

G) Performance period;

H) MBE requirements; and

I) Conflict of Interest Affidavit.

4.10.2 PORFP Submission Requirements

Upon receipt of a PORFP, each Contractor shall, no later than the PORFP due date and time, either prepare and submit a detailed proposal, or provide a PORFP Feedback Form explaining why it does not intend to submit a bid response. As an example, the Bid Response may provide the following:

A) Explanation of how the Contractor intends to meet the requirements of the PORFP;

B) Performance schedule;

C) Subcontractors, if any;

D) MBE documentation; and

E) Bid price.

4.10.3 Procedure for Awarding a PORFP

The PORFP will be awarded to the responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the PORFP and is either the most favorable bid price or most favorable evaluated bid price.

Upon determination of the most favorable bid, review of the bid for responsiveness, and satisfaction that the bidder is responsible, the Agency POC will initiate and deliver a PO to the selected Contractor.

4.10.2 All requests shall be reviewed by the Contractor for potential MBE participation. The Contractor shall be required to submit an MBE plan along with the MBE Participation schedule.

4.10.3 The Request Under $50K:

The MVA may elect to obtain quotes from all awarded Contractors or rotate among the awarded Contractors on PORFP that are under $50K. A separate PORFP for each project will be initiated for each service required to be performed. MVA will prepare a written scope (specifications and/or drawings on which specifications noted) of work on each project inclusive of time frame/schedule; and conduct a site visit with all available Contractors. Each Contractor will provide to the Project Manager a quote and a statement as to proposed time frame to complete the work. The PORFP will be awarded based on the lowest responsive quote that is deemed most advantageous to the MVA. The MVA reserves the right to award based on other factors that is in the best interest of the MVA.

4.10.4 The Request Over $50K:

A separate PORFP for each project will be initiated for each task required to be performed. MVA will prepare a written scope (specifications and/or drawings on which specifications noted) of work on each project inclusive of time frame/schedule; and conduct a site visit with all available Contractors. Each Contractor will provide to the Procurement Officer a Bid and a statement as to proposed time frame to complete the work. The PORFP will be awarded based on the lowest responsive Bid that is deemed most advantageous to the MVA. The MVA reserves the right to award based on other factors that are in the best interest of the MVA.

4.10.5 The Request Under $250K:

The MVA may elect to obtain quotes from all awarded Contractors or rotate among the awarded Contractors on PORFP that are under $250K. A separate PORFP for each project will be initiated for each service required to be performed. MVA will prepare a written scope (specifications and/or drawings on which specifications noted) of work on each project inclusive of time frame/schedule; and conduct a site visit with all available Contractors. Each Contractor will provide to the Project Manager a quote and a statement as to proposed time frame to complete the work. The PORFP will be awarded based on the lowest responsive quote that is deemed most advantageous to the MVA. The MVA reserves the right to award based on other factors that is in the best interest of the MVA.

4.10.6 The Request Over $250K:

The MVA may elect to obtain quotes from all awarded Contractors or rotate among the awarded Contractors on PORFP that are over $250K. A separate PORFP for each project will be initiated for each service required to be performed. MVA will prepare a written scope (specifications and/or drawings on which specifications noted) of work on each project inclusive of time frame/schedule; and conduct a site visit with all available Contractors. Each Contractor will provide to the Project Manager a quote and a statement as to proposed time frame to complete the work. The PORFP will be awarded based on the lowest responsive quote that is deemed most advantageous to the MVA. The MVA reserves the right to award based on other factors that is in the best interest of the MVA

4.11 Limitations of Liability

Contractor shall be liable for any loss or damage to the State occasioned by the acts or omissions of Contractor, its subcontractors, agents or employees as follows

4.12 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.13 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.

4.14 Revisions to the IFB

4.14.1 If the IFB is revised before the due date for Bids, the MVA 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.

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

4.14.3 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.

4.15 Cancellations

4.15.1 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.

4.15.2 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).

4.15.3 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).

4.16 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.

4.17 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).

4.18 Bidder Responsibilities

4.18.1 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.

4.18.2 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.

4.18.3 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.

4.19 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.

4.20 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.

4.21 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 the 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.

4.22 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.

4.23 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.

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.

4.24 False Statements

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

4.24.1 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.

4.24.2 A person may not aid or conspire with another person to commit a crime.

4.24.3 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.

4.25 Payments by Electronic Funds Transfer

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

4.25.1 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.

4.25.2 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/GADX 10Form20150615.pdf.

4.26 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.