Commodity Supplemental

This supplemental contains additional requirements under Section 2 of the solicitation.

[[This supplemental is an additional requirement within Section 2 of your base solicitation template, titled "Supplemental Category of Work Requirements and Responsibilities". A supplemental is unique and specific to the procurement and its respective category of work. Complete this supplemental by following the instructions herein and referencing it accordingly within your solicitation before finalizing the document for publication.]]

[[PRIOR TO PUBLICATION: Delete an instruction (found in red text) as it is only for the purposes of providing instructions to the Procurement Officer.]]

Mercury and Products That Contain Mercury

[[If this solicitation does not include the procurement of products known to likely include mercury as a component, enter only the following sentence for this section and delete the rest.]]

This solicitation does not include the procurement of products known to likely include mercury as a component.

[[If this solicitation does include the procurement of products known to likely include mercury as a component, choose and enter the following “Option” language for this section, as applicable). Note for IT purchases, Option 3 is typically the only one selected.]]

[[Option 1. This clause provides a price preference to only those products that are mercury-free. Enter the percentage preference for “X.”]]

A price preference of <<X (in words)>> percent (<<X (in numbers)>> %) (not to exceed 5%; see COMAR 21.05.08.09) shall be given to Bids/Proposals for products or equipment that are mercury-free. The Bidder/Offeror must submit a Mercury Affidavit in the form of Attachment J with its Bid/Proposal.

[[Option 2. This clause provides a price preference to those products that are mercury-free or which provide the least amount of mercury. Enter the percentage preference for “X.”]]

A price preference of <<X >> percent (<<X>>%) (not to exceed 5%; see COMAR 21.05.08.09) shall be given to Bids/Proposals for products or equipment that are mercury-free or, if mercury-free products or equipment are not offered, to the Bids/Proposals for products or equipment containing the least amount of mercury necessary to meet performance requirements. The Bidder/Offeror must submit a Mercury Affidavit in the form of Attachment J with its Bid/Proposal.

[[Option 3. This clause requires that all products be mercury-free.]]

All products or equipment provided pursuant to this solicitation shall be mercury-free products. The Bidder/Offeror must submit a Mercury Affidavit in the form of Attachment J with its Bid/Proposal.

Green Purchasing

Contractors must comply with Maryland’s Green Purchasing Reporting Requirements. See the Green Purchasing website for more information. Green Purchasing (maryland.gov)

The State of Maryland is committed to purchasing environmentally preferable 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/Offerors are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

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

This information will enable Maryland State agencies to comply with Article §14–405 of the Annotated Code of Maryland and COMAR 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 provided with a VENDOR GREEN SALES REPORT template by the Maryland DGS.

Basis of Award

The award for this solicitation will be made (INSERT BY LINE OR BY LOT) to the responsive and responsible Vendor with the lowest price, as determined by the Procurement Officer to be in the best interests of the State of Maryland.

BY LOT is defined as all items or none. The bidder/offeror must bid ALL line items. (DELETE THIS LINE IF THE BID/ PROPOSAL IS BY LINE)

BY LINE is defined as one or more items. The bidder must bid one or more-line items. (DELETE THIS LINE IF THE BID/ PROPOSAL IS BY LOT)

Vendor shall submit a bid/proposal price based on product description (specification) and unit of measure specified on each line. For example:

c). Unit of Measure (U/M) – (Insert “By Lot” or “By Line”)

d). Specification – (Insert title of this solicitation)

The State reserves the right to make the award by item, or groups of items, or Total Bid/Proposal Price if it is in the best interest of the State to do so unless the Bidder/Offeror specifies in its bid/proposal that a partial or progressive award is not acceptable.

Price Escalation

(IF APPLICABLE INSERT TERMS FOR PRICE ESCALATION, IF NOT DELETE INFORMATION BELOW INDICATE “Not Applicable”)

One hundred twenty (120) days prior to the end of each year of the contract, the Contractor may request, in writing, a cost adjustment to be in effect for the subsequent years of the contract. Any proposed increase in price shall not exceed the rate of inflation as determined by the Consumer Price Index for all urban consumers (CPI-U) - U.S. City average all items published quarterly by the Bureau of Labor Statistics at the time of the request. The State reserves the right to adjust the scope of the contract in order to keep expenditures within authorized appropriations.

The price adjustments for the renewals shall be negotiated and mutually agreed upon by <<enter the agency name if it’s an Agency contract, or Office of State Procurement if OSP conducts the solicitation>> and the Contractors. Although each negotiation will be carried out independently, the percentage increase or the monetary increase shall be the same for all vendors. <<Enter the agency name if it is an Agency contract, or Office of State Procurement if OSP conducts the solicitation>> reserves the right to renew any and/or all Contractor’s contracts. Any contracts, which are not renewed, will be competitively re-bid. Upon renewal, the existing contract terms and conditions will apply.

Unit Prices

Should the Contractor be required to perform work over and above that required by the Contract documents, or should the Contractor be ordered to omit work required by the Contract documents, an equitable adjustment will be made to the Contract price. In determining the amount of any such extra to the Contractor, which is governed by unit prices, the amount of the extra will be the unit price bid/proposal by the Contractor or a reasonable price, whichever is less. In determining the amount of any such credit due the State, which is governed by unit prices, the amount of the credit will be the unit price bid/proposal by the Contractor or a reasonable price, whichever is greater. Unit prices quoted will be the same for extra work and for credit work and shall be the sum total compensation payable or creditable for such items of work, including all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc. The Procurement Officer will issue one or more Contract modifications to authorize any such additions or deletions of work.

7. Tax Exemption

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

8. Specifications Supplemental

All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in this solicitation.

9. Delivery and Acceptance

Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The State unilaterally may order in writing the suspension, delay or interruption of performance hereunder. The State reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered <<FOB>> the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. The Bidder/Offeror shall promptly replace Rejected materials. The State reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

10. EPA Compliance

Materials, supplies, equipment, or other services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.

11. Occupational Safety and Health Act (OSHA)

All materials, supplies, equipment or services supplied as a result of this contract shall comply

with the applicable U.S. and Maryland Occupational Safety and Health Act Standards.

12. Returned Goods

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to costs allowable, reasonable and allocable to the returned goods in accordance with COMAR 21.09. Contractor must provide written proof of claimed costs. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.