Procurement Officers please delete the first three pages after editing.

IFB TEMPLATE – SEPTEMBER 2025

Dear Procurement Officers,

This document contains an Invitation for Bids (IFB) template to aid in producing a complete solicitation. In producing a solicitation, all contributors should note the following information:

Download the most recent template version on the State website before starting any new IFB draft: (http://procurement.maryland.gov/procurement-staff/).

Format is important. Auto-numbering and other formatting in the document is achieved through use of Word “Styles.” Please do not manually number any requirements. See more styles-related instructions on page 1 (or perform a find for Word Styles instructions). Note that ALL requirements are to be numbered (no “simple bullets” or plain paragraphs).

Data entry and tailoring instructions are flagged throughout the document using guillemets (<< and >>). Where the text between the guillemets is one word such as <<solicitationName>>, perform a Word find and replace so that every instance is replaced throughout the document. See the Basic IFB Tailoring table below for more guidance. Tip: Perform a find on guillemets to find any remaining tailoring not yet completed. A find on double brackets “[[“and “]]” will locate all template instructions, which will help in ensuring all instructions have been addressed and deleted before publication.

Basic IFB Tailoring Perform a find and replace on the following text to begin customizing this IFB. Be sure to select “Match Case” in the Word Find/Replace dialog box (Home tab, select Replace button, click More, check Match Case). Remove this Basic IFB Tailoring table prior to release. Note: Don’t change the default fields for any information you do not yet know (Keep the appropriate line from this table until the substitution is made.). Tip: Delete an instruction (found in red text) once you’ve performed the action or associated tailoring. The remaining instructions will act as a reminder to complete the task.
To insert the correct value of:	Find Text Type exactly as typed below in the find/replace dialog, including brackets << >> where indicated, with “Match Case” selected.	Replace with Text Do NOT include brackets in the “Replace with:” field.
Full name of the department or agency issuing the IFB	<<issuingAgencyName>>	Agency name
Acronym of the department or agency issuing the IFB	<<ISSUINGAGENCYACRONYM>>	Agency acronym
Address of Issuing Agency	<<issuingAgencyLocation>>
Correct term, such as “Department” or “Agency” used throughout the boilerplate text	<<typeofAgency>>	Identifying term (e.g., Department, Agency, Administration, College)
Solicitation Title	<<solicitationTitle>> and again for all caps <<SOLICITATIONTITLE>>	Title
Solicitation Number	<<solicitationNumber>> and again for all caps <<SOLICITATIONNUMBER>>	Solicitation number
Procurement Officer	<<procurementOfficerName>> <<procurementOfficerAddress>> <<procurementOfficerEmail>> <<procurementOfficerPhoneNumber>>	Procurement Officer name
Solicitation Start Date	<<issueDate>>
As you progress through the template, perform a find/replace on other values flagged with << to change all similar values throughout the document.

Editing guidelines for additional content within the document:

[[Word “Styles” Instructions

This document contains some standard Word “Styles” to make formatting easier. Paste the text from other documents with NO formatting and then apply the styles. Take advantage of the Word feature “format painter” to mimic formats already in this RFP to pasted text. Use the following “Styles” to achieve the formatting indicated below:

Plain paragraph text: MD Text 0, and if indenting needed MD Text #Indent 1, MD Text #Indent 2, MD Text #Indent 3;

X.X Level heading: Heading 2;

X.X.X Level heading (when it’s a heading label only): Heading 3;

x.x.x Numbering when it’s a requirement: MD Text 1;

A., B., C., List: MD ABC; and

Basic paragraph text: MD Text 0.

Remember to use numbers for all list items instead of bullets. Use the Increase Indent / Decrease Indent buttons on the Home tab to generate the next level, such as 1), or the shortcut: ALT+SHIFT+left arrow or ALT+SHIFT+right arrow.]]

The only sections of this template that should require editing are:

The Key Information Summary Sheet (KISS);

Section 1 – Minimum Qualifications;

Section 2 – Contractor Requirements: Scope of Work; and

Section 3 – Standard Terms and Conditions.

Based on the information entered in the KISS, the applicable Supplemental, Attachments, Appendices, and Exhibits should be included in the solicitation documentation. All other Supplementals, Attachments, Appendices, and Exhibits are omitted and noted as “Not Applicable” on the KISS.

Procurement Officers, please delete this and the previous three pages after editing.

[[PRIOR TO PUBLICATION: EVERYTHING ABOVE THIS PAGE SHOULD BE REMOVED AS IT IS ONLY FOR THE PURPOSES TO PROVIDE INSTRUCTIONS TO THE PROCUREMENT OFFICER.]]

State of Maryland

<<issuingAgencyName>>
(<<ISSUINGAGENCYACRONYM>>)

INVITATION FOR BIDS (IFB)

<<solicitationTitle>>

IFB Number <<solicitationnumber>>

Issue date: <<issueDate>>

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

[[If the IFB is designated as a Small Business Reserve Procurement, include the following notice:]]

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses. 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. 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 GOSBA as a certified small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

Minority Business Enterprises Are Encouraged to Respond to this Solicitation.

Key Information Summary Sheet (KISS)

Invitation for Bids	<<Add as the first word the type of Contract: one of the following: Services, IT, Construction, Maintenance, A&E, Commodities, Real Estate>> - <<solicitationTitle>>
Solicitation Number:	<<solicitationNumber>>
IFB Issue Date:	<<issueDate>>
IFB Issuing Office:	<<issuingAgencyName>> (<<ISSUINGAGENCYACRONYM>> or the "<<typeofAgency>>")
Procurement Officer:	<<procurementOfficerName>> <<procurementOfficerAddress>>
Email: Phone Number:	<<procurementOfficerEmail>> <<procurementOfficerPhoneNumber>>
Bids are to be sent to:	[[Use only one of the following three options and delete the other two.]] <<issuingAgencyLocation>> Attention: <<procurementOfficerName>> [[OR]] <<procurementOfficerEmail>> [[OR]] Submit on emma.maryland.gov under Solicitation Number <<solicitationNumber>> To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.
No Bid Notice Feedback Form	If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.
Pre-Bid Conference:	[[Date and Time of Pre Bid Conference]] Local Time, at [[Address (and Room if needed) of Pre Bid Conference]] <<For virtual meetings: Add link to virtual meeting. For in-person/site visit meetings: use language below>> See Section 4.3 for additional details. See Attachment 2 to RSVP by [[Insert RSVP Due Date. ]]
Scheduled Site Visit	[[Insert Date and Time of the Site Visit]] Site Visit Location: [[Insert Address of the Site Visit]] [[Insert meeting location when on site.]] [[Delete Row or Type “N/A", if not needed]] To attend the site visit please contact the Procurement Officer via Email no later than Insert Date and Time. [[Delete Row or Type “N/A”, if not needed]]
Questions Due Date and Time:	[[Insert Question Due Date and Time]] Local Time
Bid Due (Closing) Date and Time:	[[Insert Bid Due Date and Time]] Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).
Public Bid Opening Date, Time, and Location	[[Insert Bid Opening Date and Time]] Local Time <<issuingAgencyLocation>> and Room [[Add link to virtual meeting.]]
MBE [[OR]] DBE Subcontracting Goal:	[[The Procurement Officer must select whether they have an MBE or DBE subcontracting goal for the solicitation. If no MBE or DBE subcontracting goal insert 0 in percentage space below.]] An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of _____ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement: _____% for African-American MBEs; _____% for Asian-American MBEs; _____% for Hispanic-American MBEs; and _____% for Woman-Owned MBEs. [[Type “N/A”, if not needed and remove language below.]] Refer to Exhibit 1 for information on how goal setting was determined. Also, refer to Appendix 4 for information about the MBE or DBE program and goals.
VSBE Subcontracting Goal:	[[The Procurement Officer must select whether they have an VSBE subcontracting goal for the solicitation. If no VSBE subcontracting goal insert 0 in percentage space below]] This solicitation includes a VSBE participation Goal of _____% [[Type “N/A”, if not needed and remove language below.]] Refer to Exhibit 1 for information on how goal setting was determined. Also, refer to Appendix 5 for information about the VSBE program and goals.
Procurement Method:	A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.
Multiple or Alternate Bids:	Multiple or alternate Bids will not be accepted.
Contract Type:	Insert contract Type [[E.g., firm fixed price, fixed price with cost adjustment, labor hour, indefinite quantity with fixed unit prices. Indicate if a combination of more than one type, e.g., fixed price with cost adjustment, time & materials, Indefinite Quantity with Firm Fixed Prices with Work Orders of Time & Materials and Fixed Price.]]
Contract Duration:	Insert [base Period of Performance] base period with [Insert Option Periods] option periods. [[Enter contract duration including startup period, approximate NTP date and any option periods. Delete reference to option periods if no options are planned. Example: Five (5) year base period with two (2) one-year option periods.]]
Primary Place of Performance:	Insert Primary Place of Performance [[Agency or building name, full street address, or as proposed by Bidder]]
SBR Designation:	[[Yes or No]]
Federal Funding:	[[Yes or No]]

Table of Contents - IFB

1	Minimum Qualifications	8

1.1	Bidder Minimum Qualifications	8

2	Contractor Requirements: Scope of Work	9

2.1	Summary Statement	9

2.2	Background and Purpose	9

2.2.1	Project Goals	9

2.2.2	State Staff and Roles	9

2.2.3	Other State Responsibilities	9

2.3	Contractor Responsibilities and Tasks	10

2.4	Supplemental Category of Work Requirements and Responsibilities	10

3	Standard Terms and Conditions	11

3.1	Contract Initiation Requirements	11

3.2	End of Contract Transition	11

3.3	Invoicing	11

3.3.1	Invoice Submission Schedule	12

3.3.2	Deliverable Invoicing	12

3.3.3	Labor Hour/Time and Materials Invoicing	12

3.3.4	Travel Reimbursement	14

3.4	Liquidated Damages	14

3.4.1	MBE Liquidated Damages	14

3.4.2	Liquidated Damages other than MBE	14

3.4.3	Problem Escalation Procedure	14

3.5	Work Orders	15

3.6	Payments by Electronic Funds Transfer	16

3.7	Prompt Payment Policy	17

3.8	Federal Funding Acknowledgement	17

3.9	Conflict of Interest Affidavit and Disclosure	17

3.10	Non-Disclosure Agreement	18

3.10.1	Non-Disclosure Agreement (Bidder/Offeror)	18

3.10.2	Non-Disclosure Agreement (Contractor)	18

3.11	Maryland Healthy Working Families Act Requirements	19

3.12	The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)	19

3.13	Insurance Requirements	19

4	Bid Submission Information and Instructions	21

4.1	eMaryland Marketplace Advantage (eMMA)	21

4.2	Electronic Means	21

4.3	Pre-Bid Conference	21

4.4	Questions	22

4.5	Bid Due (Closing) Date and Time	22

4.6	Receipt, Opening and Recording of Bids	22

4.7	Duration of Bids	22

4.8	Revisions to the IFB	23

4.9	Cancellations	23

4.10	Incurred Expenses	23

4.11	Protest/Disputes	23

4.12	Bidder Responsibilities	23

4.13	Acceptance of Terms and Conditions	24

4.14	Compliance with Laws/Arrearages	24

4.15	Verification of Registration and Tax Payment	24

4.16	False Statements	25

4.17	Confidentiality of Bids / Public Information Act Notice	25

4.18	Use of Bidder’s Form Not Binding on State	25

4.19	Attachments and Documents Required with the Bid (Table A)	25

4.20	Bid Delivery Instructions	28

4.21	Bid Evaluation Criteria and Award Basis	29

4.22	Tie Bids	30

4.23	Reciprocal Preference	30

4.24	Documents Required upon Notice of Recommendation for Contract Award (Table B)	30

5	IFB Appendices and Exhibits	33

5.1	Appendices (Table C)	33

5.2	Exhibits (Table D)	34

Minimum Qualifications

Bidder Minimum Qualifications

[[Enter only one of the following sentences for this section and delete the rest:]]

[If there are no Bidder Minimum Qualifications for this solicitation enter the following language]]

There are no Bidder Minimum Qualifications for this procurement.

[[If there are Bidder Minimum Qualifications for this solicitation, enter the following language as applicable for this section and number each Minimum Qualification.]]

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

The Bidder shall have . . . [[e.g., three (3) years of experience providing…]]. Required Documentation: The Bidder shall provide with its Bid . . . [[e.g., one or more references from the past five years that collectively are able to attest to the Bidder’s required years of experience in providing.]].

The Bidder shall be certified . . .[[e.g., by the Maryland Insurance Administration as a …. ]]. Required Documentation: The Bidder shall provide with its Bid . . .[[e.g., a current certificate issued by the Maryland Insurance Administration evidencing the Bidder’s certification as a . . .]].

The Bidder shall provide with its Bid "Attachment L Reference Checks" with one or more references filled out. (Delete, if reference checks aren’t needed)

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Contractor Requirements: Scope of Work

Summary Statement

This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): <<[[Enter a brief description of the services to be performed or goods to be furnished.]]>>.

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

This is <<a single award>> IFB [[Tailor according to the IFB. Replace single award with “up to X awards” if there is the possibility for multiple awards, with “X” being the maximum number of awards. If more than one award is possible based on different Service Categories/Functional Areas or Regions/Counties, state so here.]] See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

[[NOTE: For procurements with a contract type of indefinite quantity with firm fixed unit prices or indefinite quantity with fixed unit prices subject to adjustment. In such a case, include the following or similar language of Section below. Please consult with your Assistant Attorney General regarding this Section and the exact wording of the language, especially for contracts with two or more contract type components when “fixed price” is one of the components.]]

Background and Purpose

[[Provide a description of the purpose of this solicitation, and any background information that may be helpful to vendors in preparing the responses. A brief summary of this section should be included in Section 2.1 of this solicitation.]]

HINT: if you are typing “the contractor will” then you are writing requirements. ]]

Project Goals

[[Remove headings if inapplicable.]]

State Staff and Roles

[[Include descriptions of any existing project management office or other management structure that the contractor will be working with. Include as part of the “State responsibilities” any information that is actually assigned to another contractor. Examples include how a change control board is set up, the relationship of different project teams to the contractor.]]

In addition to the Procurement Officer and Contract Monitor, the State …………

State Project Manager

The State Project Manager is responsible for……

The State Project Manager will provide the following: …….

Other State Furnished Roles

Other State Responsibilities

[[Adjust as appropriate.]]

The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract.

[[Insert any special items the State will provide (e.g., reprographic services, computer time, key data entry)]].

Contractor Responsibilities and Tasks

[[Insert the Contract specifications into the solicitation here. Include information here regarding what the Contractor is expected to perform as part of the ONE TIME transition-in period of the contract. Defining transition-in requirements helps to clarify the requirements for the new Contractor.]]

Payment Information (reference to Standard Terms)

Work Orders (reference to Standard Terms)

Security Requirements (reference to Standard Terms)

Insurance Requirement

Heading for agency requirements

Heading for agency requirements

Heading for agency requirements

Supplemental Category of Work Requirements and Responsibilities

[[Refer to the specific supplemental document and edit accordingly for the requirements for your procurement goods or services and copy them here in this section. OR have the supplemental document standalone and use the following statement in the solicitation here. Replace the <<name of the supplemental>> as needed with the specific category of work document.]]

See the attached <<Name of the Supplemental>> associated with this solicitation.

Standard Terms and Conditions

Contract Initiation Requirements

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

End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

Invoicing

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

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

Contractor name and address;

Remittance address;

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

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

Invoice date;

Invoice number;

State assigned Contract number;

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

Goods or services provided;

Amount due; and

Any additional documentation required by regulation or the Contract.

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

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

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

Invoice Submission Schedule

[[Adjust as appropriate.]]

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

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

For Items of work for which there is annual pricing (see Attachment B–The Price Form), those items shall be billed [Option 1: in equal monthly installments for the applicable Contract year in the month following the performance of the services or Option 2: annually in advance]. [Note: Option 1 is preferred, however annual subscriptions for SaaS are typically billed annually in advance].

Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the ___ business day of the month following the end of the invoice period.

Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

Deliverable Invoicing

[[Remove if payment is not by deliverable. Adjust as appropriate.]]

Deliverable invoices shall be accompanied by a Deliverable Product Acceptance Form (DPAF) signed notice(s) of acceptance issued by the State for all invoices submitted for payment. Payment of invoices will be withheld if a signed DPAF is not submitted (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf).

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

Labor Hour/Time and Materials Invoicing

[[Remove subsection if inapplicable for requirements or for Work Orders.]]

All labor hour/time and material invoices shall be accompanied by a timesheet signed by the Contract Monitor as described below [[If Labor Hours only, remove as appropriate. Use the DPAF as evidence of deliverable completion and acceptance.]] and notice(s) of acceptance issued by the State: DPAF for each time period invoiced (see online example at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf)>>. Include for each person covered by the invoice the following, individually listed per person: name, hours worked, hourly labor rate, invoice amount and a copy of each person’s timesheet for the period signed by the Contract Monitor.

Timesheet Reporting [[Adjust as appropriate.]]

Within three (3) Business Days after the 15th and last day of the month, the Contractor shall submit a semi-monthly timesheet for the preceding half month providing data for all Contractor Personnel / employees / resources working under the Contract.

At a minimum, each semi-monthly timesheet shall show:

Title: “Time Sheet for <<xxxxx>>”;

Issuing company name, address, and telephone number;

For each Contractor employee /resource:

Contractor employee / resource name, and

For each period ending date, e.g., “Period Ending: mm/dd/yyyy” (Periods run 1st through 15th, and 16th through last day of the month.):

Tasks completed that week and the associated deliverable names and ID#s;

Number of hours worked each day;

Total number of hours worked that Period;

Period variance above or below 40 hours;

Annual number of hours planned under the Task Order;

Annual number of hours worked to date; and

Balance of hours remaining;

Annual variance to date (Sum of periodic variances); and

Signature and date lines for the Contract Monitor.

Time sheets shall be submitted to the Contract Monitor prior to invoicing. The Contract Monitor shall sign the timesheet to indicate authorization to invoice.

Materials Reporting [[Adjust as appropriate.]]

Submit evidence to support the cost of materials and that billing on the invoice is consistent with the requirements stated in Section 2 of the IFB.

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

The amount invoiced is inconsistent with the Contract;

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

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

The item or services have not been accepted;

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

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

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

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

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.

Travel Reimbursement

[[If no travel will be reimbursed, insert the following text:]]

Travel will not be reimbursed under this IFB.

[[Otherwise, adjust as appropriate:]]

There shall be no reimbursement for Routine Travel. Contractor shall not be reimbursed for Non-Routine Travel without prior Contract Monitor approval.

Routine Travel is defined as travel within a 50-mile radius of the <<typeofAgency>>’s base location, as identified herein the IFB, or the Contractor’s facility, whichever is closer to the consulting or work site. There will be no payment for labor hours for travel time or reimbursement for any travel expenses for work performed within these radiuses or at the Contractor’s facility.

Non-routine Travel is defined as travel beyond the 50-mile radius of <<typeofAgency>>’s base location, as identified herein the IFB, or the Contractor’s facility, whichever is closer to the consulting or work site. Non-routine travel will be reimbursed according to the State’s travel regulations and reimbursement rates, which can be found at: www.DBM.maryland.gov - search: Fleet Management. If Non-Routine travel is conducted by automobile, the first 50 miles of such travel will be treated as Routine Travel and will not be reimbursed. The Contractor may bill for labor hours expended in non-routine traveling beyond the identified 50-mile radius, only if so specified in the IFB or Work Order.

Liquidated Damages

MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 2 - Sample Contract.

[[Delete this line if there is no MBE goal and enter:]]

Inapplicable because there is no MBE goal for this IFB.

Liquidated Damages other than MBE

Liquidated damages other than MBE are identified in Exhibit 2 – Sample Contract.

[[A determination to include Liquidated Damages, how they should be calculated, and to what they should apply should be made in consultation with your agency’s AAG pursuant to COMAR 21.07.01.14. If your solicitation does not include Liquidated Damages for the Scope of Work, then insert the appropriate statement below.]]

This section is inapplicable to this IFB.

Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

Contact information

The process for establishing the existence of a problem;

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

For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

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

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

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

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

The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year .

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

Work Orders

[[If this section is inapplicable to this IFB, insert the following sentence. Some agencies use the term “Task Order” for this section instead. Make sure the term you use, whether Work Order or Task Order, is defined in Appendix 1.]]

THIS SECTION IS INAPPLICABLE TO THIS IFB.

[[A work order process may be used to expand the activities performed under the IFB as long as it is within the overall scope of work described within the IFB. A work order may be T&M or fixed price, as appropriate for your IFB. A work order may also be for a specific set of work or for a resource (when the IFB is used more in line as a staffing model). However, if you anticipate using the IFB for T&M work orders, the Bid Form must have the relevant labor categories and rates. Rates must be determined at IFB issuance. Strike references to a time and material Work Order if the Bid Form will not include pricing options for T&M.]]s

Additional <<PICK both or just one: services and resources>> will be provided via a Work Order process. Work shall not begin in advance of a fully executed Work Order. A Work Order may be issued for <<pick any that apply: either fixed price or labor hour contract or time and material contract (T&M)>>. T&M Work Orders will be issued in accordance with pre-approved Labor Categories with the fully loaded rates on the Attachment B – The Price Form. [[Remove last sentence if no T&M.]]

Work Order Requests (See sample at http://doit.maryland.gov/contracts/Documents/_procurementForms/WorkOrderSample.pdf) for the provision of services or resources that are within the scope of this IFB will be issued to the Contractor. The Work Order Request will include:

Technical requirements and description of the service or resources needed;

Performance objectives and/or deliverables, as applicable;

Due date and time for submitting a response to the request; and

Required place(s) where work must be performed.

The Contractor shall e-mail a response to the Contract Monitor within the specified time and include at a minimum:

A response that details the Contractor’s understanding of the work;

A price to complete the Work Order Request using the format provided (see online sample).

A description of proposed resources required to perform the requested tasks, with labor categories listed in accordance with Appendix 3.

An explanation of how tasks shall be completed. This description shall include proposed subcontractors and related tasks.

Contractor’s expectations for State-furnished information, work site, and/or access to equipment, facilities, or personnel

The proposed personnel resources, including any subcontractor personnel, to complete the task.

For a T&M Work Order, the Contract Monitor will review the response and will confirm the proposed labor rates are consistent with this IFB. For a fixed price Work Order, the Contract Monitor will review the response and will confirm the proposed prices are acceptable.

The Contract Monitor may contact the Contractor to obtain additional information, clarification or revision to the Work Order, and will provide the Work Order to the Procurement Officer for a determination of compliance with the Contract and a determination whether a change order is appropriate. Written Procurement Officer approval is required before Work Order execution by the State.

Proposed personnel on any type of Work Order shall be subject to the State’s prior approval. The Contractor shall furnish resumes of proposed personnel specifying the labor category(ies) proposed. The Contract Monitor shall have the option to interview the proposed personnel and, in the event of an interview or not, shall notify the Contractor of acceptance or denial of the personnel.

Performance of services under a Work Order shall commence consistent with an NTP issued by the Contract Monitor for such Work Order.

The Blanket Purchase Order (BPO) issued as a result of this solicitation, and any subsequent amendments, modifications or options issued relevant to this solicitation or BPO, complies with all the terms, conditions and specifications issued with this solicitation and is incorporated in and made part of the Contract – see Exhibit 2 - Sample Contract.

Payments by Electronic Funds Transfer

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

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification 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/GADX10Form20150615.pdf.

Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at: http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

Federal Funding Acknowledgement

[[If the Contract to be awarded under this procurement does not contain federal funds, enter only the following sentence for this section and delete the rest.]]

This Contract does not contain federal funds.

[[If the Contract to be awarded under this procurement does contain federal funds, enter and complete the following language for this section.]]

There are programmatic conditions that apply to the Contract due to federal funding (see Attachment H).

[[Check with your AAG for applicability of paragraphs below to this solicitation.]]

The total amount of federal funds allocated for the <<name of administration or facility>> is $<<federal funds amount)>> in Maryland State fiscal year <<current fiscal year>>. This represents <<divide federal funds amount by the total of the unit’s budget%>>% of all funds budgeted for the unit in that fiscal year. This does not necessarily represent the amount of funding available for any particular grant, contract, or solicitation.

The Contract contains federal funds. The source of these federal funds is: <<name of federal program for funds source e.g., Medicaid, Ryan White, Title X>>. The CFDA number is: <<insert Catalog of Federal Domestic Assistance number>>. The conditions that apply to all federal funds awarded by the State are contained in Federal Funds Attachment H. Any additional conditions that apply to this particular federally-funded contract are contained as supplements to Federal Funds Attachment H and Bidders are to complete and submit these Attachments with their Bids as instructed in the Attachments. By completing and submitting Attachment H, the Bidder agrees to comply Acceptance of this agreement indicates the Bidder’s intent to comply with all federal funding conditions, (which are part of the Contract).

Conflict of Interest Affidavit and Disclosure

[[A conflict of interest affidavit should be included with all solicitations.]]

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

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.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services << under OR individual Task Orders issued under >> the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

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

Non-Disclosure Agreement

Non-Disclosure Agreement (Bidder/Offeror)

[[If a Non-Disclosure Agreement is not required for reviewing information prior to Proposal submission, enter only the following sentence for this section and delete the rest under this 3.10.1 heading:]]

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

[[If a Non-Disclosure Agreement is required for this solicitation, enter the following language for this section:]]

Certain documentation may be available for potential Bidders to obtain electronically or to review hard copies at a location identified by the Procurement Officer. If such documentation is identified, Bidders will be required to sign a Non-Disclosure Agreement in the form of Attachment 3 – Non-Disclosure Agreement (Bidder/Offeror) prior to the documentation being provided by the Procurement Officer.

Non-Disclosure Agreement (Contractor)

[[If a Non-Disclosure Agreement is not required for this solicitation, enter only the following sentence for this section and delete the rest. DoIT strongly recommends an NDA for any IT services contract.]]

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

[[If a Non-Disclosure Agreement is required for this solicitation, enter the following language for this section:]]

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

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.

Insurance Requirements

[[The insurance requirements and minimums stated below are general examples to be adjusted to reflect the necessary requirements and minimums for your Scope of Work.]]

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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

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

Errors and Omissions/Professional Liability - One million dollars ($1,000,000) per combined single limit per claim and three million dollars ($3,000,000) annual aggregate. [[This insurance is required for A&E contracts and certain licensed professional services. Remove if not applicable.]]

Crime Insurance/Employee Theft Insurance - to cover employee theft with a minimum single loss limit of one million dollars ($1,000,000) per loss, and a minimum single loss retention not to exceed ten thousand dollars ($10,000), with the State of Maryland listed as a “loss payee.” [[This insurance is required if the contractor is handling State funds within or outside State facilities. Remove if not applicable.]]

Cyber Security / Data Breach Insurance – Five million dollars ($5,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored. [[This insurance is required for some types of IT service offerings hosted by the contractor or if the contractor handles certain types of State data. Agency information security officers (if any) and AAGs should be consulted before including this insurance requirement in a solicitation. Remove if not applicable.]]

Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland. [[This insurance is required if the contractor is driving as part of the requirements of the contract, eg. Armored Car Services, Deliveries, Courier Services. Remove if not applicable.]]

The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

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

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

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

Subcontractor Insurance

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

Bid Submission Information and Instructions

eMaryland Marketplace Advantage (eMMA)

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

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

Electronic Means

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

Submission of Bond documents determined by the State to require original signatures; or

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

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

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

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

Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR 21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

Receipt, Opening and Recording of Bids

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

Bids shall be opened publicly at the time, date and place designated in the Key Information Summary Sheet.

The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

Duration of Bids

[[Depending on the procurement, you may want to increase this time frame for the duration of bids. Otherwise, you must obtain written agreement before the bids expire.]]

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.

Revisions to the IFB

All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made 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 is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

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.

Cancellations

This IFB may be cancelled as provided in COMAR 21.06.02.02

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.

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

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

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.

Protest/Disputes

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

Bidder Responsibilities

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

If applicable, subcontractors utilized in meeting the established MBE [[Replace with DBE if appropriate]] or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix or Appendices to this IFB (see “Appendix 4 - MBE Participation Goal” and “Appendix 5 - VSBE Participation Goal”).

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.

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.

Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

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.

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

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

False Statements

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

In connection with a procurement contract a person may not willfully:

Falsify, conceal, or suppress a material fact by any scheme or device;

Make a false or fraudulent statement or representation of a material fact;or

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

A person may not aid or conspire with another person to commit an act under this section.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

Confidentiality of Bids / Public Information Act Notice

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

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

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

Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as bid submission.

Attachments and Documents Required with the Bid (Table A)

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

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

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

<<*Procurement Officer should delete the Attachment Name and replace it with “Not Applicable” if the Attachment is not required for this solicitation.>>

TABLE A - Attachments and Documents Required with the Bid
Attachment	Attachment Name
A	Bid/Proposal Affidavit A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit. https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf
B	The Price Form (as specified within eMMA) Do not alter this Price Form or the Bid may be determined to be not responsive. The Price Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form. (See Appendix 2 for specific Price Form Instructions.)
C	Bid Bond https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-C.-Bid-Bond.pdf
D	MBE Forms D-1A https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE-Forms-1.pdf IMPORTANT: If this IFB contains different Functional Areas or Service Categories. A separate Attachment D-1A is to be submitted for each Functional Area or Service Category where there is a MBE goal.
E	Veteran-Owned Small Business Enterprise (VSBE) Form E-1A http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentE-VSBEForms.pdf IMPORTANT: If this IFB contains different Functional Areas or Service Categories. A separate Attachment E-1A is to be submitted for each Functional Area or Service Category where there is a VSBE goal.
F	Bidder Information Sheet https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf
G	Maryland Living Wage Requirements Affidavit of Agreement (for Services and Facilities Maintenance Contracts - See Appendix 6 for Details) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-G.-Maryland-Living-Wage-Requirements-Affidavit-of-Agreement.pdf
H	Federal Funds Attachments https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-H.-Federal-Funds-Attachment.pdf
I	Conflict of Interest Affidavit and Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.
J	Mercury Affidavit https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf
K	Location of the Performance of Services Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-K.-Location-of-the-Performance-of-Services-Disclosure.pdf
L	Reference Checks (Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past [[five years]]) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf
M	List of Current or Prior State Contracts https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf
N	Legal Action Summary https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-N.-Legal-Action-Summary.pdf
O	Payment of Employee Healthcare Expenses Certification https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-O.-Payment-of-Employee-Healthcare-Expenses-Certification.pdf
P	Prime Contractor List of ALL Subcontractors Anticipated/Used During Contract https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-P.-Prime-Contractor-List-of-ALL-Subcontractors.xlsx The Bidder shall provide a complete list of all subcontractors that will work on the Contract if the Bidder receives an award, including those utilized in meeting the MBE and VSBE subcontracting goal(s), if applicable. This list shall include a full description of the duties each subcontractor will perform and why/how each subcontractor was deemed the most qualified for this project. 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.
Q	Labor Resume Form https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-Q.-Labor-Resume-Form.dotx
R	Corporate Diversity Addendum https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-R.-Corporate-Diversity-Addendum.pdf This addendum is required to be submitted with a BID or PROPOSAL when the contract award is estimated to be $1,000,000 or more. Note: This document is for data collection only.

Additional Required Documents with the Bid
Financial Capability. The Bidder must include in its Bid a commonly-accepted method to prove its fiscal integrity. If available, the Bidder shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred). In addition, the Bidder may supplement its response to this Section by including one or more of the following with its response: Dun & Bradstreet Number and Rating; Standard and Poor’s Rating; Lines of credit; Evidence of a successful financial track record; and Evidence of adequate working capital.
Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in IFB Section 1. If references are required in IFB Section 1, those references shall be included in Attachment L. Reference Checks.
Acknowledgement of all addenda to this IFB.

Bid Delivery Instructions

Each Bidder shall submit its Bid Package as specified below.

[[Procurement Officer must choose option for bid submissions:

Option 1 - Preferred. For Submission through eMMA use the following instructions and delete Option 2 and 3.]]

Bids shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

Bidders shall provide their Bids in one submission through eMMA following the Quick Reference Guides (QRG) labeled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

[[Option 2. Other electronic means - (email with explanation why it’s not able to use eMMA) or BidX or Reverse Auction platform, etc.]]

Bidders shall submit two emails to the Procurement Officer, one email should contain their bid and the second email should contain the password for the Bid Worksheet Form file. To encrypt the Bid Worksheet Form: open the excel file Select File > Info, select the Protect Workbook box and choose Encrypt with Password, enter a password in the Password box, and then select OK, confirm the password in the Re-enter Password box, and then select OK. Warning: Microsoft cannot retrieve forgotten passwords.

Bids submitted via email must not exceed 8 Mb. If a submission exceeds this size, split the submission into two or more parts and include the appropriate part number in the subject (e.g., part 1 of 2).

[[Option 3. Least preferred. Does not offer transparency like Option 1 and 2. For Paper Submission use the following instructions and delete Options 1 and 2.]]
Bidders may either mail or hand-deliver Bids.

For U.S. Postal Service deliveries, any bid that has been received at the appropriate mailroom, or typical place of mail receipt for the respective procuring unit by the time and date listed in the IFB will be deemed to be timely. If a Bidder chooses to use the U.S. Postal Service for delivery, the Department recommends that it use Express Mail, Priority Mail, or Certified Mail or another form for which both the date and time of receipt can be independently verified by the Department. It could take several days for an item sent by first class mail to make its way by normal internal mail to the procuring unit and a Bidder using first class mail will not be able to prove a timely delivery at the mailroom.

Hand-delivery includes delivery by commercial carrier acting for the Bidder. For any type of direct (non-mail) delivery, a Bidder is advised to secure a dated, signed, and time-stamped (or otherwise indicated) receipt of delivery.

Bid Evaluation Criteria and Award Basis

The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.02.13. All Bids will be ranked from the lowest (most favorable) to the highest (least favorable) price based on the Total Bid Price as submitted in its Bid.

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 for providing the goods and services as specified in this IFB.

[[If more than one award is authorized, including multiple service categories or functional areas, contact your oversight agency and your AAG for help identifying the appropriate changes throughout the IFB.]]

[[If multiple awards for the same type of services are possible, add a paragraph here that describes how subsequent awards will be made. Ex: “Up to ‘X’ additional awards will be made to the next lowest Bidder(s).“ In addition, change the title of this subsection to “Award Basis and Assignment of Work,” and state how multiple Contractors will provide the required services. Ex. “For multiple contract awards, the Contractor with the lowest Bid price will be given the right of first refusal to provide the requested services. If that Contractor is unwilling or unable to perform the requested services, the Contractor with the next lowest Bid price will be asked to provide the requested services, and so forth. Each Contractor will have 48 hours to respond to a service request before a request is made to the next subsequent Contractor.” The previous language is provided just as an example; the agency should consider its requirements and state the language that best suits the Scope of Work.]]

[[Optional language:

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 must bid ALL line items. (DELETE THIS LINE IF THE BID 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 IS BY LOT)

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

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

Specification – (Insert title of this solicitation)

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 approvals of the Contract required by law or regulation.

Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

Reciprocal Preference

Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

The Maryland resident business is a responsible Bidder;

The lowest responsive Bid is from a responsible Bidder whose principal office, or principal base of operations is in another state;

The other state gives a preference to its resident businesses through law, policy, or practice; and

The preference does not conflict with a federal law or grant affecting the procurement Contract.

The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

Documents Required upon Notice of Recommendation for Contract Award (Table B)

Upon receipt of a notification of recommendation for contract award, along with submitting the signed Contract (see Exhibit 2 - Sample Contract), the following documents shall be completed and submitted by the recommended awardee within ten (10) business days, unless otherwise directed by the Procurement Officer.

Click the link to download each required Attachment in the Table B below:

TABLE B - Documents Required upon Notice of Recommendation for Contract Award
Attachment	Attachment Name
D	MBE Forms D-1B, D-1C, D-2, D-3A, D-3B https://procurement.maryland.gov/wp-content/uploads/sites/12/2018/05/AttachmentDMBE-Forms-1.pdf Important: Attachment D-1C, if a waiver has been requested, is also required within 10 days of recommended award. [[If there is no MBE goal, type “N/A” and remove link to documents.]]
E	VSBE Forms E-1B, E-2, E-3 http://procurement.maryland.gov/wp-content/uploads/sites/12/2018/04/AttachmentE-VSBEForms.pdf Important: Attachment E-1B, if a waiver has been requested, is also required within 10 days of recommended award. [[If there is no VSMBE goal, type “N/A” and remove link to documents.]]
S	Non-Disclosure Agreement (Contractor) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-S.-Non-Disclosure-Agreement-Contractor.pdf [[If Non-Disclosure Agreement is not required, type “N/A” and remove link to documents.]]
T	HIPAA Business Associate Agreement https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-T.-HIPAA-Business-Associate-Agreement.pdf [[If HIPAA Business Associate Agreement is not required, type “N/A” and remove link to documents.]]
U	Contract Affidavit https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-U.-Contract-Affidavit.pdf
V	DHS Hiring Agreement https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-V.-DHS-Hiring-Agreement.pdf [[If DHS Hiring Agreement is not required, type “N/A” and remove link to documents.]]
W	Performance Bond https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-W.-Performance-Bond.pdf [[If Performance Bond is not required, there is no MBE goal, type “N/A” and remove link to documents.]]
X	Payment Bond https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-X.-Payment-Bond.pdf [[If Payment Bond is not required, type “N/A” and remove link to documents.]]
Y	Data Use Agreement [[If a DUA Agreement is not required, type “N/A” and remove link to documents.]]

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB Appendices and Exhibits

The Appendices and Exhibits listed below in Tables C and D are reference documents as needed to assist the bidders in preparing their bids in response to this solicitation. If a specific Appendix or Exhibit is not required for this solicitation, it is listed in the tables as “Not applicable” or “N/A”.

[[Procurement Officers should type “N/A” in place of the Appendix Name should the appendix not apply to this procurement.]]

Appendices (Table C)

TABLE C - APPENDICES
Appendix #	Appendix Name
1	Abbreviations and Definitions
2	Price Form Instructions
3	Labor Categories
4	MBE Participation Goal
5	VSBE Participation Goal
6	Living Wage Requirements
7	Bonds

Exhibits (Table D)

[[Procurement Officers should type “N/A” in place of the Exhibit Name should the exhibit not apply to this procurement.]]

TABLE D - Exhibits
Exhibit #	Exhibit Name
1	MBE, VSBE, and SBR Research Factors Template
2	Sample Contract
3	Deliverable Product Acceptance Form (DPAF) For IT contracts, see sample form online at http://doit.maryland.gov/contracts/Documents/_procurementForms/DeliverableProductAcceptanceForm-DPAFsample.pdf