janitorial-services

STATE OF MARYLAND DEPARTMENT OF HUMAN SERVICES (DHS) INVITATION FOR BIDS (IFB) JANITORIAL SERVICES IFB NUMBER : CRRL/LGA 20 -017-S ISSUE DATE: FEBUARY 3, 2020 NOTICE A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA ) https://procurement.maryland.gov should register on eMMA . See Section 4.2 . MINORITY BUSINESS ENTERPRISES ARE ENCO URAGED TO RESPOND TO THIS SOLI CITATION. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page ii of 72 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 w ith 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 : Janitorial Services Solicitation No: CRRL/LGA 20 -017-S 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 prov ide  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 R EMARKS 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 add itional pages as needed.) REMARKS: ____________________________________________________________________________________ ____________________________________________________________________________________ Vendor Name: ________________________________ Date: _______________________ Contact Person: ________________________________ _ Phone (____) _____ - _________________ Address: ______________________________________________________________________ E-mail Address: ______________________________________________ __________________ Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page iii of 72 STATE OF MARYLAND DEAPRTMENT OF HUMAN SERVICES (DHS) KEY INFORMATION SUMM ARY SHEET Invitation for Bids IFB – JANITORIAL SERVICES Solicitation Number: CRRL/LGA 20 -017-S IFB Issue Date: Friday, January 31, 2020 IFB Issuing Office: Department of Human Services Procurement Officer: Cora Traynham 311 W. Saratoga Street Baltimore, Maryland 21201 e-mail: Office Phone: Cora.traynham @maryland.gov 410-767-7637 Fax: 410-333-0258 Bids are to be sent to: Cora Traynham DHS -Procurement Unit 311 W. Saratoga Street, Room 940 H Baltimore, Maryland 21201 Contract Monitor: Chad Seymour Carroll County Department of Social Services 1232 Tech Court Westminster, Maryland 21157 Office Phone: 410 -386-3472 Fax #: 410 -386-3474 Email: chad.seymour@maryland.gov Pre-Bid Conference: Wednesday , February 12, 2020. 1 1:00 AM Location: DHS -Carroll County DSS 1232 Tech Court Westminster, Maryland 21157 Questions Due Date and Time Tuesday, February 25, 2020 , Time: 11:00 AM Bid Due (Closing) Date and Time: Wednesday , March 11, 2020, Time : 11:00 AM Bidder s are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page i v). Public Bid Opening Date, Time and Location Wednesday , March 11, 2020 - Time : 2:00 PM DHS -Procurement Unit, 311 W. Saratoga Street, Room 9 52 Baltimore, Maryland 21201 Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page iv of 72 MBE Subcontracting Goal: None VSBE Subcontracting Goal: None Contract Duration: April 1, 2020 through March 31 , 2023 Three (3) year s Primary Place of Performance: DHS -Carroll County DSS 1232 Tech Court Westminster, Maryland 21157 SBR Designation: No Federal Funding: Yes Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page v of 72 TABLE OF CONTENTS – IFB 1 Minimum Qualifications ................................ ................................ ................................ ...................... 1 1.1 Bidder Minimum Qualifications ................................ ................................ ................................ .. 1 2 Contractor Requirements: Scope of Work ................................ ................................ ........................ 2 2.1 Summary Statement ................................ ................................ ................................ ..................... 2 2.2 Background and Purpose ................................ ................................ ................................ ............. 2 2.3 Responsibilities and Tasks……………………………………………………………………...2 2.4 Work Hours ……… ……………………………………………………………………………..3 2.5 Staffing Requirement…………………………………………………………………………... .3 2.6 State Holidays………………………………………………………………………………….. .4 2.7 Emergency Tasks………………………………………………………………………………. .4 2.8 Building Closures……………………………………………………………………………… .4 2.9 Supplies, Services and Utilities to Be Provided by the State………………………………… ...4 2.10 Supplies, Materials and Equipment to Be Supplied by the Contractor…...………………… .....5 2.11 Work Excluded From This Contract………………………………………………… ……….. ..6 2.12 Janitorial Schedule, Tasks and Performance Standards……………………………………….. .6 2.13 Conduct of Ja nitorial Staff……………………………………………………………………. .12 2.14 Contractor's Employees………………………………………………………………………. .12 2.15 Reductions for Non -Performance…………………………………………………………… …13 2.16 Disputes Arising From Reductions………………………………………………………….... .13 2.17 Deferred M aintenance………………………………………………………………………… .14 2.18 Inspections and Approval of Work…………………………………………………………… .14 3 Contractor Requirements: General ................................ ................................ ................................ .. 14 3.1 Contract Initiation Requirements ................................ ................................ ............................... 14 3.2 End of Contract Transition ................................ ................................ ................................ ........ 14 3.3 Invoicing ................................ ................................ ................................ ................................ .... 14 3.4 Insurance Requirements ................................ ................................ ................................ ............ 16 3.5 Security Requirements ................................ ................................ ................................ ............... 17 3.6 Problem Escalation Procedure ................................ ................................ ................................ ... 18 3.7 SOC 2 Type 2 Audit Report ................................ ................................ ................................ ...... 19 4 Procurement Instructions ................................ ................................ ................................ .................. 20 4.1 Pre-Bid Conference ................................ ................................ ................................ ................... 20 4.2 eMaryland Marketplace (eMM) ................................ ................................ ................................ 20 Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page vi of 72 4.3 Questions ................................ ................................ ................................ ................................ ... 20 4.4 Procurement Method ................................ ................................ ................................ ................. 21 4.5 Bid Opening Date and Time ................................ ................................ ................................ ...... 21 4.6 Multiple or Alternate Bids ................................ ................................ ................................ ......... 21 4.7 Receipt, Opening and Recording of Bids ................................ ................................ .................. 21 4.8 Confidentiality of Bids / Public Information Act Notice ................................ ........................... 21 4.9 Award Basis ................................ ................................ ................................ ............................... 22 4.10 Tie Bids ................................ ................................ ................................ ................................ ..... 22 4.11 Duration of Bids ................................ ................................ ................................ ........................ 22 4.12 Revis ions to the IFB ................................ ................................ ................................ .................. 22 4.13 Cancellations ................................ ................................ ................................ ............................. 22 4.14 Incurred Expenses ................................ ................................ ................................ ..................... 23 4.15 Protest/Disputes ................................ ................................ ................................ ......................... 23 4.16 Bidder Responsibilities ................................ ................................ ................................ .............. 23 4.17 Acceptance of Terms and Conditions ................................ ................................ ........................ 23 4.18 Bid/Proposal Affidavit ................................ ................................ ................................ ............... 24 4.19 Contract Affidavit ................................ ................................ ................................ ...................... 24 4.20 Compliance with Laws/Arrearages ................................ ................................ ........................... 24 4.21 Verification of Registration and Tax Payment ................................ ................................ .......... 24 4.22 False Statements ................................ ................................ ................................ ........................ 24 4.23 Payments by Electronic Funds Transfer ................................ ................................ .................... 24 4.24 Prompt Payment Policy ................................ ................................ ................................ ............. 25 4.25 Electronic Procurements Authorized ................................ ................................ ......................... 25 4.26 MBE Participation Goal ................................ ................................ ................................ ............ 26 4.27 VSBE Goal ................................ ................................ ................................ ................................ 26 4.28 Living Wage Requirements ................................ ................................ ................................ ....... 26 4.29 Federal Funding Acknowledgement ................................ ................................ .......................... 28 4.30 Conflict of Interest Affidavit and Disclosure ................................ ................................ ............ 28 4.31 Non-Disclosure Agreement ................................ ................................ ................................ ....... 28 4.32 HIPAA - Business Associate Agreement ................................ ................................ .................. 28 4.33 Nonvisual Access ................................ ................................ ................................ ...................... 28 4.34 Mercury and Products That Contain Mercury ………………………………………………… 30 4.35 Location of the Performance of Services Disclosure ………………………………………….30 4.36 Department of Human Services (DHS) Hiring Agreement ……………………………………30 4.37 Small Business Reserve (SBR) Procurement ................................ ................................ ............ 29 Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page vii of 72 4.38 Maryland Healthy Working Families Act Requirements ................................ .......................... 29 5 Bid Format ................................ ................................ ................................ ................................ .......... 30 5.1 One Part Submission ................................ ................................ ................................ ................. 30 5.2 Labeling ................................ ................................ ................................ ................................ ..... 30 5.3 Bid Price Form ................................ ................................ ................................ .......................... 30 5.4 Required Bid Submission ................................ ................................ ................................ .......... 30 5.5 Delivery ................................ ................................ ................................ ................................ ..... 32 5.6 Documents Required upon Notice of Recommendation for Contract Award ........................... 32 6 Bid Evaluation and Award ................................ ................................ ................................ ................ 34 6.1 Bid Evaluation Criteria ................................ ................................ ................................ .............. 34 6.2 Reciprocal Preference ................................ ................................ ................................ ................ 34 6.3 Award Determination ................................ ................................ ................................ ................ 34 6.4 Documents Required upon Notice of Recommendation for Contract Award ........................... 34 7 IFB ATTACHMENTS AND APPENDICES ................................ ................................ ................... 35 Attachment A. Pre-Bid Conference Response Form ................................ ................................ ......... 38 Attachment B. Bid Instructions & Form ................................ ................................ ............................ 39 Attachment C. Bid/Proposal Affidavit ………………………………………………………………42 Attachment D. Minority Business Enterprise (MBE) Forms ................................ ......................... 429 Attachment E. Veteran -Owned Small Business Enterprise (VSBE) Forms ................................ ... 50 Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts ................ 51 Attachment G. Federal Funds Attachments ................................ ................................ ....................... 53 Attachment H. Conflict of Interest Affidavit and Disclosure ................................ ........................... 56 Attachment I. Non-Disclosure Agreement (Contractor) ................................ ................................ . 57 Attachment J. HIPAA Business Associate Agreement ................................ ................................ ..... 58 Attachment K. Mercury Affidavit ................................ ................................ ................................ ....... 59 Attachment L. Location of the Performance of Services Disclosure ................................ ............... 60 Attachment M. Contract ................................ ................................ ................................ ....................... 61 Attachment N. Contract Affidavit ................................ ................................ ................................ ...... 77 Attachment O. DHS Hiring Agreement ................................ ................................ .............................. 80 Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page viii of 72 Appendix 1. – Abbreviations and Definitions ................................ ................................ ......................... 82 Appendix 2 . – Bidder Information Sheet ................................ ................................ ................................ 84 Appendix 3. - Walk Through Affidavit ………………………………………………………………… 85 Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 1 of 72 1 Minimum Qualifications 1.1 Bidder Minimum Qualifications To be considered responsive , the Bidder must document in its Bid that it satisfies the following Minimum Qualifications: 1.1.1 The Bidder shall have minimum of one (1) y ear of experience in providing J anitorial Services , as defined below, for commercial and/or governmental properties . As proof of meeting this requirement, the Bidder shall provide with its Bid one (1) or more references from the past five (5) years that attest t o the Bidder’s required year of experience in providing Janitorial Services. THE REMAINDER OF THI S PAGE IS INTENTIONA LLY LEFT BLANK. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 2 of 72 2 Contractor Requirements: Scope of Work 2.1 Summary Statement 2.1.1 The Department of Human Services (DHS or the Department ) is issu ing this Invitation for Bid s (IFB) in order to procure the services as specified in this IFB, from a Contract between the successful Bidder and the Department. 2.1.2 It is the State’s intention to obtain services , as specified in this IFB, from a Contract betwee n the selected Bidder and the State. 2.1.3 The Department intends to make a single award as a result of this IFB. See IFB Section 4.9 Award Basis for more Contract award information. 2.1.4 A Bidder , either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work. 2.2 Background and Purpose The Carroll County Department of Social Services (CCDSS) is seeking Bids from qualified Vendors for Janitorial Cleaning Services for two (2) CCDSS offices in accordance with the terms, conditions and specifi cations set forth in this IFB. The two (2) offices, Suite A and Suite D, are located at: 1232 Tech Court, Westminster, Maryland 211 57 (collectively, the Building ), which is man aged under the authority of DHS. 2.3 General Requirements The Contractor shall: 2.3.1 Furnish all labor, equipment and supplies (except those specified in Section 2.9 if this IFB) necessary to perform the daily, bi -weekly, weekly, monthly, semi -annual and annual cleaning of the Building in strict conformation with the standards specified in this IFB. 2.3.2 Be responsible for the below approximate net cleanable square footage and approximate number of cleanable areas within the Building: CCDSS, Suite A Carpet: 15,720 sq. ft. Vinyl Tile: 15,340 sq. f t. Approximate Total net cleanable square footage: 31,060 sq. ft. Window Glass 1,740 sq. ft. Restrooms 7 CCDSS -Child Support Administration – Suite D Carpet: 3,567 sq. ft. Vinyl Tile: 2,615 sq. ft. Approximate Total net cleanable square footage: 6,182 sq. ft. Window Glass 716 sq. ft. Restrooms 4 Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 3 of 72 All details on square footage and numbers of units are approximate. It is the responsibility of the Bidder to v erify the areas, sizes and quantities of all surfaces and items listed above. 2.3.3 Own or acquire, prior to the NTP Date, all necessary commercially rated equipment for the proper performance of the Contract, said equipment must be at the building and be fully operational at the NTP Date, see Section 2.10 below . 2.4 Work Hours 2.4.1 Standard operating hours of the Building are 8 :00 a.m. to 4:30 p.m. 2.4.2 The Contractor’s janitorial employees (Janitorial Staff ) shall perform the daily, bi - weekly, weekly, monthly, bi -yearly and annual janito rial tasks as specified below (Janitorial Services), from Monday through Friday, between the hours of 3:30 p.m. and 11:00 p.m. 2.4.3 The Janitorial Staff shall not perform the Janitorial Services on State Holiday s, as listed below, or on weekends without the prior written approval from the Contract Monitor. 2.5 Staffing Requirement 2.5.1 Janitorial Staff must be able to read and understand English and demonstrate proficiency to follow the directions printed on the pa cking of the cleaning supplies. 2.5.2 On the first day of the Contract, the Supervisor, as defined below, and Janitorial Staff shall arrive at the Building at 3:00 p.m. to meet with the Contract Monitor and review the total specification requirements, tota l workload and the cleaning methods proposed by the Contractor. 2.5.4 Failure of the Contractor to provide Janitorial Staff in accordance with the specifications of the IFB shall be considered a breach of Contract and may result in termination of the Contr act. On-Site Supervisor 2.5.5 The Contractor shall provide an onsite supervisor (Supervisor) who will represent the Contractor and all matters concerning this Contract. The Supervisor must have a t least one (1) year of experience in supervising Janitorial Services. 2.5.6 The Supervisor must have the ability to speak, understand and write in English and shall be available to communicate with the Contract Monitor, between the hours of 8:30 a.m. to 4:00 p.m., Monday through Friday, for the purposes of obtain ing instructions, information or regarding deficiencies in Janitorial Services. 2.5.7 In the event that the Supervisor fails to respond to the Contract Monitor within two (2) Business Hours, and without a reasonable explanation, the Contracto r may be subj ect to invoice deductions, see Section 2.15 . 2.5.8 The supervisor and Janitorial Staff shall be given a copy of the below specifications and the appropriate schedules and performance standards. The Contract Monitor and the Supervisor will schedule dates and times with the monthly, semi -annual and annual Janitorial Services will be accomplished. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 4 of 72 2.5.9 The Supervisor shall ensure that the Janitorial Services are performed in accordance with all the requirements of this IFB. 2.5.10 The Supervisor shall be accountable for the behavior of all Janitorial Staff assigned to this Contract. 2.6 State Holidays The Contractor shall not provide Janitorial Service s, on the below listed holidays: New Year’s Day Columbus Day Martin Luther King’s Birthday Veteran’s Day President’s Day Thanksgiving Day Memorial Day American Indian Heritage Day Independence Day Christmas Day Labor Day 2.7 Emergency Tasks Should an emergency condition requiring immediate attention occur (Emergency Task), for example, flooding of a p articular section of the Building, the Contractor shall divert its Janitorial Staff as directed by Contract Monitor, as necessary from their normal assigned duties to attend to the Emergency Task. When the Janitorial Staff, are no longer required for the Emergency Task, the Janitorial Staff shall be directed to return to their normal Janitorial Services and the Contractor shall not be penalized because the normal daily work, which otherwise would have been performed had been neglected. 2.8 Building Closures Whenever State employees are excused early as the result of inclement weather and/or hazardous conditions, the Contractor shall make every reasonable effort to provide Janitorial Services. In the event that the Contractor is unable to perform the Janitori al Services, Janitorial Services shall be performed on the next available day. If the next available day is a State holiday or on the weekend, following the written approval of the Contract Monitor , the Contractor shall provide Janitorial Services so that the Building is clean prior to office hours on the following working day. If the Contractor is not able to provide Janitorial Services at all for that period, it must notify the Contract Monitor in writing. The Contractor shall not receive payment for J anitorial Services not performed as a result of the Building being closed. 2.9 Supplies, Services and Utilities to Be Provided by the State The State shall: 2.9.1 Furnish all paper hand towels, toilet paper, toilet seat covers, trash can liners, hand soap, sanitary napkin bags, disinfectant, and cleaners. These supplies shall be stocked in the janitorial closets by State personnel. Records of usage of these suppli es will be maintained by the State. The Contractor will be held accountable for any excessive usage of these supplies. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 5 of 72 2.9.2 Supply the Contractor with light, heat and power, hot and cold water for the cleaning of the Building. (Note: hot water tempera ture is regulated by the State’s energy guidelines and cannot be increased above the current guideline temperature.) 2.9.3 Provide janitorial closets for the housing of the Contractor’s equipment and supplies. These closets will be supplied with locks to safeguard the Contractor’s property. These closets must be maintained in a clean, neat and orderly condition by the Contractor. Keys to the janitorial closets will be provided to the Contractor. Should the Contractor lose these or any other keys to the Building, it shall be responsible for the cost or replacing or re-keying the applicable locks. 2.9.4 Supply large trash receptacles (dumpsters) for the final disposal of trash collected in the Building. The Contractor shall deposit all trash collected i n the Building in the receptacles provided and ensure that all lids, doors, or other openings to the receptacles are closed and latched. 2.10 Supplies, Materials, Equipment to Be Supplied by the Contractor The Contractor shall: 2.10.1 Furnish all cleaning mate rials not listed above, including, but not limited to, mops, mop heads, dust rags, brooms, sweepers, and all equipment necessary to perform the Janitorial Services. Fifteen (15) Business Days prior to Contract Commencement Date, the Contractor shall submi t to the Contract Monitor a list giving the names of the manufacturers, brand names, and intended use of each of the chemicals that the Contractor proposes to use in performance of Janitorial Services. The Contractor shall not use any material that the Co ntract Monitor determines would be unsuitable for its purpose, or harmful to the surfaces to which applied, or to any other part of the Building, its contents or equipment. 2.10.2 Furnish all necessary commercially rated cleaning equipment including, powe r driven floor scrubbing machines, polishing machines, industrial -HEPA -type vacuum cleaners required for the performance of the Janitorial Services. Internal combustion engine driven power equipment shall not be used. Contract must possess the written ap proval of the Control Monitor before using such equipment. 2.10.3 All supplies utilized for the Janitorial Services shall be “Green Certified” and purchased from Blind Industries and Services of Maryland (BISM) to the extent they are available. Additiona l information may be obtained from BISM direct by calling Gregg Kalifut at 410-737-2616. As this is a mandatory requirement, failure to comply will be considered breach of Contract. A copy of the Contract will be provided to BISM for follow up. 2.10.4 Ensure that each piece of equipment delivered to the Building for use contains a serial number and is appropriately identified with a plate affixed thereon. The Contractor must provide the Contract Monitor with a listing of all the equipm ent delivered to t he Building with the corresponding serial numbers. On a schedule established by the Contract Monitor, an inventory is to be made of the equipment. The purpose of the inventory is to ensure that all equipment is in operating condition and that the quantit y agreed upon at the award of the Contract is the same. The Contractor shall accompany the Contract Monitor and/or his/her designee conducting the inventory. All equipment shall be Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 6 of 72 operative at all times. Any inoperative equipment shall be repaired and/ or replaced within a 24 -hour period. 2.10.5 Notwithstanding the above, in conjunction with the Contract Monitor, an inventory of all the materials and equipment on hand during the final month of the Contract period shall be performed, along with the devel opment of a list of all materials and equipment that have been paid for by the State. Any material and/or equipment remaining at the termination of the Contract has been paid for by the State will remain the property of the State. 2.11 Work Excluded From This Contract All mechanical rooms, electrical rooms, and any areas used exclusively for the Building’s maintenance are excluded from this Contract. 2.12 Janitorial Schedule, Tasks and Performance Standards 2.12.1 The Contract Monitor shall determine whether the tasks have been performed, and that the performance is in accordance with the standards set forth in these specifications. If the Contractor fails to perform a task to the specified standards , CCDSS may initiate invoice reductions for non -performance and /or terminate the Contract in accordance with Section 2.15 of this IFB. 2.12.2 The Contractor shall perform the following tasks, at the frequency and to the standards set forth herein: DAILY TASKS Task D -1: Empty Trash Cans and Remove Trash from Inside and Outside the Building Frequency: Daily Locations: Waiting Area, Cubicles, Offices, Conference Rooms, Corridors, Lunchroom, Restrooms Standards: A. All trash from trash cans is removed and placed in the dumpster provided. B. All small loose tra sh is placed in large pl astic bags and deposited in dump ster provided. C. Large plastic bags are closed and tied and are free from holes which would allow trash or liquids to escape. D. All emptied trash cans have liners that are free of soil and stains caused b y liquids, coffee grounds, cigarette ashes, food, garbage or any other substance which creates an odor or will cause other trash to adhere to the side of the liner. E. All items marked as trash are removed and boxes are broken down prior to placement in dumps ter or alternatively, in the recycling receptacle . Task D -2: Clean Glass Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 7 of 72 Frequency: Daily Locations: Building’s Entry Doors, Front of Building, First Floor Employee Entrances Standards: A. Glass shall be free from smears, smudges, fingerprints and be uniform in appearance without residue or haze. Task D -3: Clean and Disinfect Water Fountains Frequency: Daily Locations: Lobbies, Corridors and Lounges Standards: A. All water spots, dirt, and smudges are removed from water fountain. B. Stubborn stains are r emoved and no damage is done to surfaces or water fountains. Task D -4: Refill Paper Towels, Toilet Tissue and Liquid Hand Soap Frequency: Daily Locations: All Restrooms, Employees Lunchroom Standards: A. All paper towel dispensers are filled to dispenser’ s specifications and dispensed easily and correctly from dispenser. B. All toilet paper dispensers are filled and rolls are properly installed in dispensers. C. All hand soap dispensers are filled with new soap bags when emptied and soap dispenser has been resto red to proper operating condition. Task D -5: Clean and Disinfect Basins, Toilets, Urinals, Sanitary Napkin Depositories, Baby Changing Stations and Interview Counters Frequency: Daily Locations: All Restrooms, Conference Rooms, Employees Lunchroom and Interview Counters (I -1 through I -11) Standards: A. Basins, counter tops, dining tables and plumbing fixtures disinfected and free from stains, dirt, hair, smudges, smears, and water spots. Chrome fixtures or pipes shined. B. All interior/exterior or microwave s in lunch room are to be wiped cleaned. C. Toilets and urinals disinfected and free from stains, dirt, hair, smudges, smears, water spots, encrustation, rust and odor. Exterior or depositories are free of smears, film and haze. Contents of depositories bag ged in plastic bags, plastic bags tied and deposited in dumpster. D. All of the counter tops in the Interview Area Cubicles (Rooms I -1 through I -11) are to be cleaned and disinfected. Any paperwork encountered on the counters should not be removed. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 8 of 72 Task D-6: Dust Mop Followed By Wet Mop of All Ceramic Tile and Vinyl Tile Floors Frequency: Daily Locations: Main Entrance Area, Waiting Areas, Restrooms, Employees Lunchroom and All Corridors Standards: A. All dirt, dust, and trash removed from floors. B. No dirty water or cleaning solution residue or mop marks shall be visible on floors. C. All corners and areas adjoining vertical walls or stairs shall be free of dirt, dust. Trash; dirty water residue, cleaning solution residue and wax build up. All easily moved fur nishings shall be moved and cleaned under/behind. Task D -7: Vacuum Carpeted Areas Frequency: Daily Locations: Offices, Carpeted Work Areas, Carpeted Reception Areas, Conference Rooms Standards: A. Carpets free from all dirt, dust, paper clips, and small pie ces of paper or other trash. B. Furnishings that are easily moved shall be moved to clean under/behind. Furnishings shall be returned to original position. BI-WEEKLY TASKS (TWICE A WEEK) Task BW -1: Spot Clean Carpet Stains Frequency: Bi-Weekly Locations: All Carpeted Areas Standards: A. Carpet is to be free of stains, spots, or marks of any kind which can be removed by Industrial carpet cleaners. Task BW -2: Spot Clean Waiting Area Furniture and Interview Area Furniture Frequency: Bi-Weekly Locations: Customer Waiting Area Furniture and Interview (Rooms I -1 through I -11) Standards: A. All dirt, dust, smudges, smears and fingerprints shall be removed from furniture. B. Furniture exhibits clear shine free of residue or haze. C. Sanitize available chair arms. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 9 of 72 WEE KLY TASKS Task W -1: Clean Glass Mirrors Frequency: Weekly Locations: Restrooms Standards: A. Glass shall be free of smears, smudges, fingerprints and be uniform in appearance without residue or haze. Task W -2: Buffing All Ceramic, Vinyl Tile Frequency: Weekly Locations: Lobbies/Waiting Area, Tiled Corridors, Tiled Lunchroom Standards: A. Floors shall be thoroughly dusted, and wet mopped prior to buffing. Furnishings shall be moved/ removed to assure complete buffing of the floors. B. Spray Buff cleaner and Polish 3M ready to use (RTU) or equivalent shall be used as the medium for spray waxing and buffing. Diluted solutions of glass cleaners of other such solutions shall not be used. Task W -3: Sweep Outside Stairs, Landings and Front Entrance Frequency: Weekly Locations: Two Employee Entrances and Receiving Area Steps on South Side of Building and Public Entrance in Front of Building Standards: A. Steps shall be cleared of all trash, gravel, leaves and other debris. Task W -4: Vacuum Floor Mats Frequency: Weekly Locations: Main Entrance & All Side Entrances Standards: A. All dirt, dust, and trash removed from floor mats. B. Floor mats returned to their original positions. Task W -5: Dust All Surfaces Frequency: Weekly Locations: Offices, Lobbies, Corridors, Lunch Room, Conference Rooms Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 10 of 72 Standards: A. All window ledges, file cabinets, storage cabinets, wooden furniture, Venetian blinds and all other surfaces are to be free of dust and trash. B. All ceiling exhaust vent covers in all the bathrooms are to be free from dust. C. All HVAC ceiling vent covers throughout building are to be free from dust. Task W -6: Spot Clean Building Surfaces Frequency: Weekly Locations: Waiting Area, Offices, Conference Rooms, Corridors, Lunch Rooms and Restrooms Standards: A. All vinyl, painted, or ceramic tile walls and restroom partitioning shall be free from smudges, smears, marks, dirt, and fingerprints. B. Surfaces shall be free of detergent residue, streaks, film or haze. BI-ANNUAL TASKS Task 1: Refinish All Vin yl and Ceramic Tile Floors Frequency: Twice a Year, on the Second Saturday or March and October or on Dates As Determined by the Contract Monitor Locations: Vinyl and Ceramic Floor Areas in Waiting Area, Corridors, Lunchroom, and Restrooms Standards: A. Desks, benches, chairs shall be moved to permit refinishing of the entire floor surface. B. All old wax removed from tile floors. C. All wax stripping solution removed from floor and surrounding wall areas. D. New wax applied evenly and buffed to a clean high gloss including, corners and doorways. E. No traces of dirt or marks on tile surfaces, no wax on vertical surfaces of adjacent areas. F. Floors are to have an even gloss sheen, free of any buffing or swirl marks and present a uniform appearance. Furnishings moved sh all be returned to original position by janitorial personnel before leaving the building. ANNUAL TASKS Task 1: Clean and Shampoo Carpeting Frequency: Once a Year Locations: All Carpeted Areas of Building Standards: A. Desks, chairs, and other movable furn iture shall be moved to permit cleaning of the entire carpeted area. B. Carpet is to be free of all dirt, stains, shampoo residue or other marks/stains. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 11 of 72 C. Carpet presents a uniform appearance. D. Furniture moved shall be returned to its original position by janitorial personnel before leaving the building. Task 2 : Clean All Lighting Fixtures Frequency: Once a Year Locations: All Lighting Fixtures throughout the Building Standards: A. Dismount grids/grills and remove lamps. B. Interior reflectors free of dirt, dust and streaks. C. Exterior diffuser or globes free of dirt, dust and streaks. D. Fluorescent tubes cleaned and free of dirt, dust and streaks. E. Lighting fixtures reassembled to their proper operating condition. Task 3 : Clean Venetian Blinds/Interior Window Co verings Frequency: Once a Year Locations: Throughout the Building Standards: A. Clean blinds and slats – free from dirt, dust and streaks. Task 4 : Clean All Interior Windows Frequency: Once a Year Locations: Throughout the Interior of the Building Standards: A. Windows are free from dirt and streaks (both inside and outside) B. Glass presents a uniform appearance. 2.13 Conduct of Janitorial Staff 2.13.1 Contractor shall ensure that all Janitorial Staff refrain from behavior or activities that disrupt the workplace an d shall ensure that Janitorial Staff do not: A. Remove any State property or personal property, equipment, monies, forms, or any other item from the building; B. Engage in loud or boisterous behavior; C. Play music on any sound amplification devices; D. Be under the i nfluence of alcohol or drugs; E. Gamble while at work; F. Operate any equipment other than the Contractor’s equipment; Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 12 of 72 G. Use any State telephone except a telephone designated by the Contract Monitor for the purpose of performing his/her duties. The Contractor sha ll reimburse the State for any costs for misuse of telephone attributable to the Contractor’s employees; H. Open any desk, file cabinet or storage cabinet; I. Consume any food or beverage, other than that brought with the employee or purchased from vending machi nes, and only in areas designated by the Contract Monitor; J. Engage in horseplay; K. Touch or remove any article(s) from desks; L. Sleep while on duty; M. Engage in long conversations with security guards, staff of the Department of other individuals; N. Take photographs of the building or its contents; O. Remove any documents, records, forms or paper of any kind that is not either in trash can or clearly marked as trash; P. Use any tobacco or tobacco substitute product in any form; Q. Engage in any activity that is det rimental to the performance of this Contract; R. Have any visitors, bring child(ren) or pets to work or allow any unauthorized individuals into the Building at any time. 2.13.2 Should the State find any of the Janitorial Staff in violation of any clause contained in this IFB, the State shall immediately notify the Contractor, followed by a written notification to the Contractor. The Contractor shall be responsible for the conduct of that janitor and liable for any action or inaction of that janitor while performing work under this Contract. 2.14 Contractor’s Employees 2.14.1 The Contractor shall require all Janitorial Staff to wear distinctive uniforms while performing their duties and assure that all Janitorial Staff wear the proper attire when on duty. A below - waist work smoc k is acceptable. Any color or color combination as approved by the contract Monitor may be used. 2.14.2 All of Contractor’s employees shall wear approved identification badges when on State property. 2.15 Reductions for Non -Performance 2.15.1 Reductions for below standard work will be made if, after the second documented notification, the contractor has not corrected the deficiency. 2.15.2 Reductions for non -performance or “No Shows” will be made if the task(s) were not completed and State worker(s) have to be assigned immediatel y to perform the task(s). 2.15.3 The following reductions shall be used in adjusting the Contractor’s invoice when the Contractor fails to perform any task required in these specifications or performs any task below the standards as required in these specificatio ns. For each twelve (12) month period of the Contract: Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 13 of 72 A. First occurrence: written documentation notice from the Contract Monitor to the Contractor. B. Second occurrence: written documentation and deduction of 5% of monthly invoice amount. C. Third occurrence: written documentation and deduction of 10% of monthly invoice amount. D. Each additional occurrence: written documentation and deduction of 15% of monthly invoice amount. Note: Copies of all correspondence regarding this clause must be submitted to the Contractor Monitor. Reductions for “No Shows” may be based on the normal number of Contractor’s personnel assigned to the Building multiplied by the hours normally worked b y the Contractor, at the hourly billing rate of the Bid. Reductions for below standards work may be made if, after the second documented notification, the Contractor has not corrected the deficiency. If, in the judgment of the Contract Monitor, a deficie ncy goes unaddressed by the employees or another outside firm/contractor to do the work in question and deduct the full cost of that work from the Contractor’s monthly invoice. 2.15.4 Notwithstanding the aforementioned, in the event that the Supervisor fails to r espond the Contract Monitor pursuant to Section 2.5.7 above, the Contractor shall be subject to t a 10% deduction of the monthly invoice amount. 2.15.5 The referenced conditions may result in termination of the Contract for Default by the Contractor. 2.16 Disputes Ari sing From Reductions 2.16.1 Should the Con tractor dispute the validity of a reduction determination made by the Contract Monitor, the Contractor may appeal the reduction to Lori Rush, Assistant Director of Administration (“LGA”) (email address – lori.rush@maryland.gov ) within seven (7) Calendar Days of the receipt of the determination. 2.16.2 The LGA will review the reduction and make written determination as to its validity within seven (7) Calendar Days of the receipt of the appeal from the Contractor. 2.17 Deferred Maintenance 2.17.1 The Contract Monitor or designee may defer any task of the Janitorial Services, or requirement of the Contract, if the Contract Monitor deems it in the best interest of the State to do so. This act may be i nitiated by verbal notice to the Contractor, followed by written notice to the contractor, and may be implemented at any time during the term of this Contract (“DFO”). 2.17.2 Upon issuance of a DFO, the Contractor’s monthly invoice will be adjusted to reflect the reduced value of the Janitorial Services. 2.18 Inspections and Approval of Work The State will demand strict conformance to the standards, and on the frequency specified. The Contract Monitor will inspect all completed work and will ascertain that the tasks h ave been satisfactorily accomplished. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 14 of 72 3 Contractor Requirements: General 3.1 Contract Initiation Requirements THIS SECTION IS INAPPLICABLE TO THIS IFB. 3.2 End of Contract Transition 3.2.1 The Contractor shall provide transition assistance as requested by the State to facilitate the orderly transfer of services to the State or a follow -on contractor, for a period up to thirty (30) days prior to Contract end date, or the termination thereof . Such transition efforts shall consist , not by way of limitation, of: a) Provide additional services and support as requested to successfully complete the transition ; b) Maintain the services called for by the Contract at the required level of proficiency ; and c) Provide c urrent o perating procedures (as appropriate) . 3.2.2 The Contractor shall work toward a prompt and timely transition, proceeding in accordance with the directions of the Contract Monitor . The Contract Monitor may provide the Contractor with additional i nstructions to meet specific transition requirements prior to the end of the Contract. 3.2.3 The Contractor shall ensure that all necessary knowledge and materials for the tasks completed are transferred to the custody of State personnel or a third party, as dir ected by the Contract Monitor. 3.3 Invoicing 3.3.1 General a) The Contractor shall send the original of each invoice and signed authorization to invoice to the following address: Carroll County Department of Social Services Finance Officer 1232 Tech Court Westminster, Maryland 21157 All invoices for services shall be verified by the Contractor as accurate at the time of submission. An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) cannot be processed for payment. To be consid ered 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; Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 15 of 72 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. The DHS reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide the DHS with all required deliverables within the time frame specified in the Contract or otherwise breaches the term s and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract . Any action on the part of the DHS , 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. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor , howe ver, 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. 3.3.2 Invoice Submission Schedule The Contractor shall submit invoices in accordance with the following schedule: a) For items of work for which there is annual pricing, see Attachment B–Bid Form , those items shall be billed in equal monthly installments for the applicable Contract year in the month following the performance of the services. 3.3.3 For the purposes of the Contr act an amount will not be deemed due and payable if: a) The amount invoiced is inconsistent with the Contract ; b) The proper invoice has not been received by the party or office specified in the Contract ; c) The invoice or performance is in dispute or the Contracto r has failed to otherwise comply with the provisions of the Contract ; d) The item or services have not been accepted ; e) The quantity of items delivered is less than the quantity ordered ; f) The items or services do not meet the quality requirements of the Contract ; g) If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule ; h) If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated condit ions for release of the retainage have not been met ; or i) The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 16 of 72 3.3.4 Hourly billing rate: The Contractor shall submit the hourly billing rates with the Bid for Janitorial Staff and the Supervisor. This rate may be used when required by the State to work special hours providing additional Janitorial Services under the Contract. The hourly billing rate will be used to calculate additions to the Scope of the Work defined by these specifications. Any changes to the Scope of Work shall be approved by change order issued by the Procurement Officer. 3.3.5 Travel Reimbursement Travel will not be reimbursed under this IFB. 3.4 Insurance Requirements The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of t he Contract, including option periods, if exercised: 3.4.1 The following type(s) of insurance and minimum amount(s) of coverage are required: a) Commercial General Liability - of $500,000 combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and $ 1,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies. b) Errors and Omissio ns/Professional Liability - $500,000 per com bined single limit per claim and $1 ,000,000 annual aggregate. c) Crime Insurance/ Employee Theft Insurance - to cover employee theft with a minimum single loss limit of $1,000,000 per loss, and a minimum single loss retention not to exceed $10,000 . The State of M aryland and the DHS should be added as a “loss payee.” d) 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 Fede ral 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. e) Automobile or Commercial Truck Ins urance - 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. 3.4.2 The State shall be listed as an additional insured on the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Workers ’ Compensation Insurance and professional liability. 3.4.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non - renewa l, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replaceme nt insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 17 of 72 3.4.4 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State. 3.4.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for mul ti-year contracts , the Contractor shall provide certificates of insurance annually or as otherwise directed by the Contract Monitor. 3.4.6 The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor. 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 vis ible location at all times while on State premises . Upon request of authorized State personnel, each Contractor Personnel shall provide additional photo identification. b) Contractor P ersonnel shall cooperate with State site requirements , including but not limited to, being prepared to be escorted at all times, and providing information for State badge issuance. c) All Janitorial Staff are required to be registered with the Contract Monitor prior to performing Janitorial Services. Registrations will c onsist of the Contractor completing a 3” x 5” identification card for all Janitorial Staff assigned to this Contract. The 3” x 5” identification cards will be supplied by the contract Monitor or his/her designee. d) The 3” x 5” identification card will requi re the Contractor to provide the following employee information: name, address, telephone number, employee’s signature and a 2” x 1 -1/2” picture of the employee. e) 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. f) The State reserves the right to request that the Contractor submit proof of employment authorization of non -United States Citizens, prior to commencement of work under the Contract . 3.5.2 Security Clearance / Criminal Background Check a) A criminal background check for any Contractor Personnel providing Janitorial Services and shall be completed prior to each Contractor Personnel providing an y services under the Contract . a) The Contractor shall obtain at its own expense a Criminal Justice Information System (CJIS) State and federal criminal background check, including fingerprinting, for all Contractor Personnel listed in sub -paragraph A . This c heck may be performed by a public or private entity. b) The Contractor shall provide certification to the DHS that the Contractor has completed the required criminal background check described in this IFB for each required Contractor Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 18 of 72 Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check. c) Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monitor. The Contract Monitor reserves the right to reject any individual based upon the results of the background check. Decisions of the Contract Monitor as to acceptability of a candidate are final. The State reserves the right to refuse any individual Contractor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State. 3.5.3 On-Site Security Requirement(s) THIS SECTION IS INAPPLICABLE TO THIS IFB. 3.5.4 Information Technology (a) Contractors shall comply with and adhere to the State IT Security Policy and Standards. These policies may be revised from time to time and the Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov – keyword: Security Policy. (b) The Contractor shall not connect any of its own equipment to a State LAN/WAN without prior written approval by the State. The Contractor shall complete any necessary paperwork as directed and coordinated with the Contract Monitor to obtain approval by the State to connect Contractor -owned equipment to a State LAN/WAN. 3.6 Problem Escalation Procedure 3.6.1 The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes. 3.6.2 The Contractor shall provide contact information to the Contract Monitor , as well as to other State personnel as directed should the Contract Monitor not be available. 3.6.3 The Contractor shall provide the PEP no later than ten (10) Business Days after notice o f recommended award or after the date of the Notice to Proceed, whichever is earlier . The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP . The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner . The PEP shall include: a) The process for establishing the existence of a problem; b) Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem; c) For each individual listed in the Contractor’s PEP, the maximum amount of tim e a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP; d) Expedited escalation procedures and any circumstances that would trigger expediting them; e) The method of providin g feedback on resolution progress, including the frequency of feedback to be provided to the State; Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 19 of 72 f) Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and g) A process for updating and notifying the Contract Monitor of any changes to the PEP. 3.6.4 Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law. 3.7 SOC 2 Ty pe 2 Audit Report A SOC 2 Type 2 Report is not a Contractor requirement for this Contract. THE REMAINDER OF THI S PAGE IS INTENTIONA LLY LEFT BLANK. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 20 of 72 4 Procurement Instructions 4.1 Pre-Bid Conference 4.1.1 A pre-Bid conference (Conference) will be held at the date, time, and location indicated on the Key Information Summary Sheet . 4.1.2 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 g oal, failure to attend the Conference will be taken into consideration as part of the evaluat ion of a Bidder’s good faith efforts if there is a waiver request. 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 (see Section 4.2.1 eMMA ). 4.1.4 Attendees should bring a copy of the solicitation and a business card to help facilitate the sign -in process. 4.1.5 In order to assure adequate seating and other accommodations at the Conference, please e -mail the Pre -Bid Conference Response Form ( Attachment A) no later than the time and date indicated on the form. 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. The DHS will make a reasonable effort to provide such special accommodation. 4.1.6 A mandatory site visit has been pre -scheduled for Wednesday, February 12, 2020, at Carroll County DSS, 1232 Tech Court, Westminster, Maryland 21157 which will follow immediately after the Pre -Bid conference is concluded . If a Bidde r fails to attend the mandatory walk through as required, the B id shall be determined non -responsive. As proof of meeting this requirement all Bidders shall complete and submit the Walk Through Affidavit (Attachment C). 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, Bidder s’ 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 https://procurement.maryland.gov , click on “Registe r” to begin the process, and then follow the prompts. 4.3 Questions 4.3.1 All questions , shall identify in the subject line the Solicitation Number and Title CRRL/LGA 20 - 017-S – Janitorial Services ), and shall be submitted in writing via e -mail to the Procurement Officer at least five (5) days prior to the Bid due date . 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. 4.3.2 Answers to all questions that a re not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments, and posted on eMMA . 4.3.3 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the DHS unless it issues an amendment in writing. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 21 of 72 4.4 Procurement Method A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05. 02. 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. 4.5.2 Requests for extension of this date o r time shall not be granted. 4.5.3 Bidder s 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 Informatio n 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 receiv ed 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 publicly at the date and time indicated on the Key Information Summary Sheet . 4.5.7 Potential Bidder s 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 4.7.1.1 Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time an d date set for bid opening. Before Bid opening, the State may not disclose the identity of any Bidder. 4.7.1.2 Bids shall be opened publicly, at the time, date and place designated in the IFB Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors) . The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening. 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., Genera l 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 Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 22 of 72 the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in th is 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 fo r 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 b y the Office of the Attorney General. 4.9 Award Basis 4.9.1 A Contract shall be awarded to the responsible Bidder (s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bid price (as referenced in COMAR 21.05.02.13) for providin g the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation. See IFB Section 6 for Bid evaluation and award information. 4.9.2 Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Department f ollowing any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. 4.10 Tie Bids Tie Bids will be decided pursuant to COMAR 21.05.02.14. 4.11 Duration of Bids Bids submitted in response to this IFB are ir revocable 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 agree ment. 4.12 Revisions to the IFB 4.12.1 If the IFB is revised before the due date for Bids, the DHS shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospective Bidder s that were sent this IFB or are otherwise known by the Pro curement Officer to have obtained this IFB. It remains the responsibility of all prospective Bidder s to check eMMA for any addenda issued prior to the submission of Bids. 4.12.2 Bidders shall a cknowledg e the receipt of all addenda to this IFB issued before the Bid due date . 4.12.3 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 re sponsive . 4.13 Cancellations 4.13.1 The Stat e 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 . Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 23 of 72 4.13.2 In the event a government entity proposes and receives the recommenda tion for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A (4). 4.13.3 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of hi gher 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). 4.14 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. 4.15 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) . 4.16 Bidder Responsibilities 4.16.1 Bidder s must be able to provide all goods and services and meet all of the requiremen ts requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation. 4.16.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for t his solicitation shall be identified as provided in the appropriate Attachment(s) to this IFB (see Section 4.26 “MBE Participation Goal” and Section 4.27 “VSBE Goal ”). 4.16.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder , including but not limited to references, financial reports, or experience and documentation (e.g. insurance policies, bonds, and letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder , unless the par ent 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. 4.16.4 A parental guarantee of the performance of the Bidder under this Section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder ’s experience and qualifications. Instead, the Bidder ’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder , any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State. 4.17 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. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 24 of 72 4.18 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. 4.19 Contract Affidavit All Bidder s are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit . A copy of this Affidavit is included for informational purposes as Attachment N of this IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department o f Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business. 4.20 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 d ue 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. 4.21 Verification of Registration and Tax Payment Before a business entity can do bu siness 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 f inal consideration and recommendation for Contract award. 4.22 False Statements Bidder s are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows: 4.22.1 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. 4.22.2 A person may not aid or conspire with another person to commit an act under Section 4.22.1. 4.22.3 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 . 4.23 Payments by Electronic Funds Transfer By submitting a Bid in response to this solicitation, the Bidder , if selected for award: Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 25 of 72 4.23.1 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. 4.23.2 Any request for exemption must be submitted to the State Compt roller’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 Comp troller’s website at : http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA DX10Form20150615.pdf . 4.24 Prompt Payment Policy This procurement and the Contract (s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA ) and dated August 1, 2008 . Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11 -201, 13 -205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts . The Contractor shall comply with the prompt payment requirements outlined in the Contract , Section 31 “Prompt Pay Requirements” (see Attachment M). Additional information is available on GOSBA ’s website at: http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf . 4.25 Electronic Procurements Authorized 4.25.1 Under COMAR 21.03.05, unless otherwise prohibited by law, the Department may conduct procurement transactions by electronic means, including the solicitation, proposing , award, execution, and administration of a contract, as provided in Md. Code Ann., Mary land Uniform Electronic Transactions Act, Commercial Law Article, Title 21. 4.25.2 Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Bidder to conduct by electronic m eans all elements of the procurement of that Contract which are specifically authorized under the solicitation or Contract. In the case of electronic transactions authorized by this IFB, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures. 4.25.3 “Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions . Electronic means includes facsimile , e-mail, internet -based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov ), and electronic data interchange. 4.25.4 In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g., IFB § 4.23 describing payments by Electronic Funds Transfer ), the following transactions are authorized to be conducted by electronic mean s on the terms as authorized in COMAR 21.03.05 : a) The Procurement Officer may conduct the procurement using eMMA , e-mail, or facsimile to issue: 1) The IFB; 2) Any amendments ; Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 26 of 72 3) Pre-Bid conference documents ; 4) Questions and responses ; 5) Communications regarding the soli citation or Bid to any Bidder or potential Bidder ; 6) Notices of award selection or non -selection ; and 7) The Procurement Officer’s decision on any Bid protest or Contract claim . The Bidder or potential Bidder may use e-mail to: 8) Ask questions regarding the solicitation ; 9) Reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer’s request or direction to reply by e-mail or facsimile, but only on the terms specifically approved and directed by the Procurement Officer and; 10) Submit a " No Bid Notice/Vendor Feedback Form " to the IFB. The Procurement Officer, the Contract Monitor , and the Contractor may conduct day -to-day Contr act administration, except as outlined in Section 4.25.5 of this subsection , utilizing e-mail, facsimile , or other electronic means if authorized by the Procurement Officer or Contract Monitor . 4.25.5 The following transactions related to this procurement and an y Contract awarded pursuant to it are not authorized to be conducted by electronic means: A. Submission of initial Bids B. Filing of bid protests; C. Filing of Contract claims; D. Submission of documents determined by the DHS to require original signatures (e.g., Contract execution, Contract modifications ); or E. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder be provided in writin g or hard copy. 4.25.6 Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Moni tor. 4.26 MBE Participation Goal There is no MBE subcontractor participation goal for this procurement. 4.27 VSBE Goal There is no VSBE participation goal for this procurement. 4.28 Living Wage Requirements a) Maryland law requires that contractors meeting certain conditio ns pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article , § 18 -101 et al. The Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation requi res that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 27 of 72 indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.1 1.10.05. If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions . Information pertaining to reporting obligations may be found b y going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state.md.us/labor/prev/livingwage.shtml . Additional information regarding the State’s living wage requirement is contained in Attachment F. Bidder s must co mplete and submit the Maryland Living Wage Requirements Affidavit of Agreement (Attachment F -1) with their Bids. If the Bidder fails to complete and submit the required documentation, the State may determine the Bidder to not be responsible under State law . Contractors and subcontractor s subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or a Tier 2 Area of the State . The specific Living Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State . 1) The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18 -102(d) of the State Finance and Procurement Article shall assign the tier based upon where the recipients of the services are located. If the Contractor provides more than 50% of the services from an out -of- State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, the Contract will be determined to be a Tier (enter “1” or “2,” depending on where the majority of the service recipients are l ocated) Contract. 2) The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder must identify in its Bid the location(s) from which serv ices will be provided, including the location(s) from which 50% or more of the Contract services will be provided. 3) If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract. 4) If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract. If the Contractor provides more than 50% of the services from an out -of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. See COMAR 21.11.10.07. The Bidder shall identify in the Bid the location from which services will be provided. NOTE : Whereas the Living Wage may change annually, th e Contract price will not change because of a Living Wage change . The Contractor shall be responsible for any wage/rate increase during the term of the Contract and such increase may not be passed on to the State. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 28 of 72 4.29 Federal Funding Acknowledgement 4.29.1 There are programmatic conditions that apply to the Contract due to federal funding (see Attachment G ). 4.29.2 The total amount of federal funds allocated for the Carroll County Dept. of Social Services is $3,696,476 in Maryland State fiscal year 2020 . This repre sents 44.6% 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. 4.29.3 The Contract contains federal funds. The source of these federal fu nds is: TANF, Title XIX, SNAP, Title IV -E and Title IV -D. The CFDA number is: 93.558, 93.778, 10.561, 93.658 , and 93.563 . The conditions that apply to all federal funds awarded by the Department are contained in Federal Funds Attachment G . Any additional c onditions that apply to this particular federally - funded contract are contained as supplements to Federal Funds Attachment G and Bidders are to complete and submit these Attachments with their Bids as instructed in the Attachments. Acceptance of this agree ment indicates the Bidder’s intent to comply with all condi tions ions, which are part of the Contract. 4.30 Conflict of Interest Affidavit and Disclosure 4.30.1 The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment H) and submit it with its Bid. 4.30.2 By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.0 8A. 4.30.3 Additionally , a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract . For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08. 4.30.4 Participation in Drafting of Specifications: Disqualifying Event: Bidder s 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 proposal s 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 individua l, 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 cla ssified as “not responsible.” 4.31 Non-Disclosure Agreement A Non -Disclosure Agreement ( Bidder ) is not required for this procurement. 4.32 HIPAA - Business Associate Agreement A HIPAA Business Associate Agreement is not required for this procurement. 4.33 Nonvisu al Access This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 29 of 72 4.34 Mercury and Products That Contain Mercury All products or equipment provided pursuant to this solicitation shall be mercury -free products . The Bidder must submit a Mercury Affidavit in the form of Attachment K with its Bid. 4.35 Location of the Performance of Services Disclosure This solicitation does not require a Location of the Performance of Services Disclosure. 4.36 Department of Human Services (DHS) Hiring Agreement All Bidder s are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a DHS Hiring Agreement . A copy of this Agreement is included as Attachment O. This Agreement must b e provided within five (5) Business Days of notification of recommended award. 4.37 Small Business Reserve (SBR) Procurement This solicitation is not designated as Small Business Reserve (SBR) Procurement. 4.38 Maryland Healthy Working Families Act Requirements On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All offerors should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations web site for Maryland Healthy Working Families Act Information: http://dllr.maryland.gov/paidleave/ . THE REMAINDER OF THI S PAGE IS INTENTIONA LLY LEFT BLANK. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 30 of 72 5 Bid Format 5.1 One Part Submission Each Bidder shall s ubmit its Bid with all Required Bid Submissions (see IFB Section 5.4) in a single sealed package. 5.2 Labeling Each Bidder is required to label the sealed Bid with the IFB title and number, name and address of the Bidder, and closing date and time for receipt of the Bids. 5.3 Bid Price Form The Bid shall contain all price information in the format specified on the Bid Form . The Bidder shall complete the Bid Form only as provided in the Bid Pricing Instructions and the Bid Form . Do not amend, alter, or leave blank any items on the Bid Form or include additional clarifying or contingent language on or attached to the Bid Form. Failure to adhere to any of these instructions may result in the Bid being determined to be non-responsive and r ejected by the DHS. 5.4 Required Bid Submission A Bidder shall include the following with its Bid: 1. Bidder Information Sheet (see Appendix 2 ) 2. Acknowledgement of all addenda to this IFB. 3. 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 submitted in this section and shall contain the information described in Section 1 . 4. Completed Required Attachments . Submit three (3) copies of each with original signatures: 1) Completed Bid Form ( Attachment B ). 2) Completed Bid Affidavit ( Attachment C ). 3) Completed Maryland Living Wage Requirements Affidavit of Agreement (Attachm ent F -1). 5. Additional Document * If Required . Submit three (3) copies of each with original signatures, if required. *See appropriate IFB section to determine whether the document is required for this procurement. 1) A Signed Statement from the Bidder’s Par ent Organization Guaranteeing Performance of the Bidder. * see IFB section 4.16 2) Completed MDOT Certified MBE Utilization and Fair Solicitation Affidavit (Attachment D -1A) *see IFB section 4.26 3) Completed Federal Funds Attachment ( Attachment G ) *see IFB section 4.29 4) Completed Conflict of Interest Affidavit and Disclosure ( Attachment H ) *see IFB section 4.30 5) Completed Mercury Affidavit ( Attachment K ) *see IFB section 4.34 Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 31 of 72 6) Completed Veteran -Owned Small Business Enterprise (VSBE) Utilization Affidavit and Pr ime/Subcontractor Participation Schedule ( Attachment E -1) *see IFB section 4.27 7) Completed Location of the Performance of Services Disclosure ( Attachment L ) *see IFB section 4.35. 6. References . At least three (3) references are requested from customers who are capable of documenting the Bidder ’s ability to provide the goods and services specified in this IFB. References used to meet any Minimum Qualifications (see IFB Section 1 ) may be used to meet this request . Each reference shall be from a client for whom the Bidder has provided goods and services within the past five (5) years and shall include the following information: 1) Name of client organization; 2) Name, title, telephone number, and e -mail address, if available, of point of contact for client organization; and 3) Value, type, duration, and description of goods and services provided. The DHS reserves the right to request additional references or utilize references not provided by the Bidder. Po ints of contact must be accessible and knowledgeable regarding Bidder performance. 7. List of Current or Prior State Contracts . Provide a list of all contracts with any entity of the State of Maryland for which the Bidder is currently performing goods and services or for which services have been completed within the last five (5) years . For each identified contract, the Bidder is to provide: 1) The State contracting entity; 2) A brief description of the goods and services provided; 3) The dollar value of the contrac t; 4) The term of the contract; 5) The State employee contact person (name, title, telephone number, and, if possible, e- mail address); and 6) Whether the contract was terminated before the end of the term specified in the original contract, including whether any a vailable renewal option was not exercised. Information obtained regarding the Bidder ’s level of performance on State contracts will be used by the Procurement Officer to determine the responsibility of the Bidder and considered as part of the experience an d past performance evaluation criteria of the IFB. 8. 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: 1) Dun & Bradstreet Rating; 2) Standard and Poor’s Rating; 3) Lines of credit; Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 32 of 72 4) Evidence of a successful financial track record; and 5) Evidence of adequate working capital. 9. Certificate o f Insurance. The Bidder shall provide a copy of its current certificate of insurance showing the types and limits of insurance in effect as of the Bid submission date . The current insurance types and limits do not have to be the same as described in Section 3. 6. See Section 3. 6 for the required insurance certificate submission for the apparent awardee . 10. Subcontractors . The Bidder shall provide a complete list of all subcontractor s 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 a ttachment(s) of this IFB. 11. Legal Action Summary . This summary shall include: 1) A statement as to whether there a re any outstanding legal actions or potential claims against the Bidder and a brief description of any action; 2) A brief description of any settled or closed legal actions or claims against the Bidder over the past five (5) years; 3) A description of any judgme nts against the Bidder within the past five (5) years, including the court, case name, complaint number, and a brief description of the final ruling or determination; and 4) In instances where litigation is ongoing and the Bidder has been directed not to disclose information by the court, provide the name of the judge and location of the court. 5.5 Delivery 5.5.1 Bidders may either mail or hand -deliver Bids. 5.5.2 For U.S. Postal Service deliveries, any bid that has been received at the appropr iate mail room, 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 E xpress 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 m ail to the procuring unit and a Bidder using first class mail will not be able to prove a timely delivery at the mailroom. 5.5.3 Hand -delivery includes delivery by commercial carrier acting for the Bidder. For any type of direct (non -mail) delivery, a Bidder i s advised to secure a dated, signed, and time -stamped (or otherwise indicated) receipt of delivery. 5.6 Documents Required upon Notice of Recommendation for Contract Award Upon receipt of a notification of recommendation for contract award, the following docum ents shall be completed and submitted by the recommended awardee within five (5) business days, unless noted otherwise. Submit three (3) copies of each of the following documents: A. Signed contract ( Attachment M), B. Completed Contract Affidavit ( Attachment N), Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 33 of 72 C. Completed MBE Attachment s D-2 and D-3A and B, within ten (10) Business days, if applicable; see IFB Section 4.26, D. MBE waiver justification within ten (10) B usiness days (see MBE Waiver Guidance and forms in Attachment s D-1B and D -1C), if a waiver has been requested (if applicable; see IFB Section 4.26), E. Completed VSBE Attachment E -2, if applicable see IFB Section 4.27, F. Signed Non-Disclosure Agreement ( Attachment I), if applicable; see IFB Section 4.31, G. Signed HIPAA Business Associate Agreement ( Attachment J), if applicable; see IFB Section 4.32, H. Completed DHS Hiring Agreement, Attachment O, if applicable see IFB Section 4.36, and I. Copy of a current certificate of insurance with the prescribed limits set forth in IFB Section 3.1 “ Insurance Requireme nts,” listing the State as an Additional Insured, if applicable ; see IFB Section 3.1 . THE REMAINDER OF THI S PAGE IS INTENTIONA LLY LEFT BLANK. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 34 of 72 6 Bid Evaluation and Award 6.1 Bid Evaluation Criteria The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.02.13. All responsible Bidder s will be ranked from the lowest (most advantageous) to the highest (least advantageous) price based on the Total Bid Price as submitted on the Attachment B - Bid Form . 6.2 Reciprocal Preference 6.2.1 Although Maryland law does not authorize procuring agencies to favor resident Bidder s 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: a) The Maryland resident business is a responsible Bidder ; b) The lowest responsive Bid is from a responsible Bidder whose principal office , or principal base of operations is in another state ; c) The other state gives a preference to its resident businesses through law, policy, or practice; and d) The prefe rence does not conflict with a f ederal law or grant affecting the procurement Contract. 6.2.2 The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses. 6.3 Award Determination Award will be made to the responsible Bidder who submits to the State the responsive Bid that has the lowest Total Bid Price. 6.4 Documents Required upon Notice of Recommen dation for Contract Award Upon receipt of a Notification of Recommendation for Contract award, the apparent awardee shall complete and furnish the documents and attestations as directed in Table 1 of Section 7 – IFB Attachments and Appendices . THE REMAINDER OF THIS PA GE IS INTENTIONALLY LEFT BLANK. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 35 of 72 7 IFB ATTACHMENTS AND APPENDICES Instructions Page A Bid submitted by the Bidder must be accompanied by the completed forms and/or affidavits identified as “with Bid” in the “When to Submit” column in Table 1 below . All forms and affidavits applicable to this IFB, including any applicable instructions and/or terms, are identified in the “Applies” and “Label” columns in Table 1. For documents required as part of the Bid: 1. For mail submissions, submit one (1) c opy of each with signatures. 2. For paper submissions, submit one (1) cop y of each with original signatures . All signatures must be clearly visible. All Bidder s are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete certain forms and affidavits after notification of recommended award. The list of forms and affidavits that must be provided is described in Table 1 below in the “When to Submit” column. For documents required after award, subm it one (1) copies of each document within the appropriate number of days after notification of recommended award, as listed in Table 1 below in the “When to Submit” column. Table 1: IFB ATTACHMENTS AND APPENDICES Applies? When to Submit Label Attachment Name Y Before Bid A Pre-Bid Conference Response Form Y With Bid B Bid Instructions and Form Y With Bid C Bid/Proposal Affidavit (see link at http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/AttachmentC - Bid_Proposal -Affidavit.pdf ) N With Bid D MBE Forms D -1A (see link at 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 . N 10 Business D ays after recommended award D MBE Forms D-1B, D -1C,D-2, D-3A, D-3B (see link at https://procurement.maryland.gov/wp - content/uploads/sites/12/2018/05/AttachmentDMBE - Forms -1.pdf ) Important: Attachment D -1C, i f a waiver has been Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 36 of 72 Applies? When to Submit Label Attachment Name requested, is also required within 10 days of recommended award. N As directed in forms D MBE Forms D-4A, D-4B, D-5 (see link at xxxxxx) N With Bid E Veteran -Owned Small Business Enterprise (VSBE) Form E -1A (see link at 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 . N 5 Business Days after recommended award E VSBE Forms E-1B, E-2, E-3 (see link at 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. Y With Bid F Maryland Living Wage Requirements for Service Contracts and Affidavit of Agreement (see link at http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/AttachmentF - LivingWageAffidavit.pdf ) Y With Bid G Federal Funds Attachments (see link at http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/AttachmentG - FederalFundsAttachment.pdf ) Y With Bid H Conflict of In terest Affidavit and Disclosure (see link at https://procurement.maryland.gov/wp - content/uploads/sites/12/2018/05/AttachmentH -Conflict - of-InterestAffidavit.pdf ) Y 5 Business Days after recommended award – However, suggested with Bid I Non-Disclosure Agreement (Contractor) (see link at http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/Attachment -I-Non- DisclosureAgreementContractor.pdf ) Y 5 Business Days after recommended award – However, suggested with Bid J HIPAA Business Associate Agreement (see link at http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/Attachment -J- HIPAABusinessAssociateAgreement.pdf ) Y With Bid K Mercury Affidavit (see link at Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 37 of 72 Applies? When to Submit Label Attachment Name http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/Attachment -K- MercuryAffidavit.pdf ) N With Bid L Location of the Performance of Services Disclosure (see link at http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/Attachmen t-L- PerformanceofServicesDisclosure.pdf ) Y 5 Business Days after recommended award M Sample Contract (included in this IFB) Y 5 Business Days after recommended award N Contract Affidavit (see link at http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/Attachment -N- ContractAffidavit.pdf ) N 5 Business Days after recommended award O DHS Hiring Agreement (see link at http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/Attachment -O- DHSHiringAgree ment.pdf ) Appendices Applies? When to Submit Label Attachment Name Y n/a 1 Abbreviations and Definitions (included in this IFB) Y With Bid 2 Bidder Information Sheet (see link at http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/Appendix2 - Bidder_OfferorInformationSheet.pdf ) Additional Subm issions Applies? When to Submit Label Document Name Y 5 Business Days after recommended award Evidence of meeting insurance requirements (see Section 3.6 ); 1 copy Y 10 Business Days after recommended award PEP; 1 copy Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 38 of 72 Attachment A. Pre-Bid Conference Response Form Solicitation Number CRRL/LGA 20 -017-S Janitorial Services A Pre -Bid conference will be held on Wednesday , February 1 2, 2020 , Time : 1 1:00 AM , at Carroll County DSS, 1232 Tech Court, Westminster, Maryland 21157 . Please return this form by Monday , February 10, 2020 , Time 12:00PM , advising whether or not you r firm plans to attend. The completed form should be returned via e -mail or f ax to the Procurement Officer at the contact information below: Procurement Officer: Cora Traynham Department of Human Services E-mail: cora.traynham @maryland.gov Please indicate: Yes, the following representatives will be in attendance. Attendees (Check the IFB for limits to the number of attendees allowed): 1. 2. 3. No, we will not be in attendance. Please specify whether any reasonable accommodations are requested (see IFB § 4.1“Pre -Bid conference”): Bidder : Bidder Name (please print or type) By: Signature/Seal Printed Name: Printed Name Title: Title Date: Date Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 39 of 72 Attachment B. Bid Instructions & Form B-1 Bid Instructions In order to assist each Bidder in the preparation of its Bid and to comply with the requirements of this solicitation, Bid Instructions and a Bid Form have been prepared . Each Bidder shall submit its Bid on the Bid Form in accordance with the instructions on the Bid Form and as specified herein . Do not alter the Bid Form or the Bid may be determined to be not responsive . The Bid Form is to be signed and dated, where requested, by an individual who is authorized t o bind the Bidder to the prices entered on the Bid Form . The Bid Form is used to calculate the Bidder ’s TOTAL BID PRICE . Follow these instructions carefully when completing your Bid Form : A) All Unit and Extended Prices must be clearly entered in dollars a nd cents, e.g., $24.15 . Make your decimal points clear and distinct. B) All Unit Prices must be the actual price per unit the State will pay for the specific item or service identified in this IFB and may not be contingent on any other factor or condition in any manner. C) All calculations shall be rounded to the nearest cent, e.g., .344 shall be .34 and .345 shall be .35. D) Any goods or services required through this IFB and proposed by the vendor at No Cost to the State must be clearly entered in the Uni t Price, if appropriate, and Extended Price with $0.00 . E) Every blank in every Bid Form shall be filled in . Any changes or corrections made to the Bid Form by the Bidder prior to submission shall be initialed and dated. F) Except as instructed on the Bid Form , nothing shall be entered on or attached to the Bid Form that alters or proposes conditions or contingencies on the prices . Alterations and/or conditions may render the Bid not responsive . G) It is imperative that the prices included on the Bid Form have been entered correctly and calculated accurately by the Bidder and that the respective total prices agree with the entries on the Bid Form . Any incorrect entries or inaccurate calculations by the Bidder will be treated as provided in COMAR 21.05.03.03 .F, and may cause the Bid to be rejected. H) If option years are included, Bidder s must submit pricing for each option year . Any option to renew will be exercised at the sole discretion of the State and comply with all terms and conditions in force at the time the option is exercised . If exercised, the option period shall be for a period identified in the IFB at the prices entered in the Bid Form . I) All Bid prices entered below are to be fully loaded prices that include all costs/expenses associated with t he provision of services as required by the IFB. The Bid price shall include, but is not limited to, all: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in the solicitatio n. No other amounts will be paid to the Contractor . If labor rates are requested, those amounts shall be fully -loaded rates; no overtime amounts will be paid. J) Unless indicated elsewhere in the IFB, sample amounts used for calculations on the Bid Form are typically estimates for evaluation purposes only . Unless stated otherwise in the IFB, the DHS does not guarantee a minimum or maximum number of units or usage in the performance of the Contract . K) Failure to adhere to any of these instructions may res ult in the Bid being determined not responsive . Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 40 of 72 B-1 Bid Form The Bid Form shall contain all price information in the format specified on these pages . Complete the Bid Form only as provided in the Bid Instructions . Do not amend, alter or leave blank any items on the Bid Form . If option years are included, Bidder s must submit pricing for each option year . Failure to adhere to any of these instructions may result in the Bid being determined not reasonably susceptible o f being selected for award. See separate Excel Bid Form labeled -ATTACHMENT B -BID FORM –CRRL/LGA -20-017-S. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 41 of 72 Attachment C. Bid Affidavit See link at http:// procurement .maryland.gov/wp -content/uploads/sites/12/2018/04/AttachmentC - Bid_Proposal -Affidavit.pdf . debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension prov iding the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 42 of 72 Attachment D. Minority Business Enterprise (MBE) Forms This solicitation does not include a Minority Business Enterprise (MBE) subcontractor participation goal. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 43 of 72 Attachment E. Veteran -Owned Small Business Enterprise (VSBE) Forms This solicitation does not include a Veteran -Owned Small Business Enterprise goal. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 44 of 72 Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts See link at http://procurement.maryland.gov/wp -content/uploads/sites/12/2018/04/AttachmentF - LivingWageAffidavit.pdf to complete the Affidavit. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 45 of 72 Attachment G. Federal Funds Attachments See link at http:// procurement .maryland.gov/wp -content/uploads/sites/12/2018/04/AttachmentG - FederalFundsAttachment.pdf . Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 46 of 72 Attachment H. Conflict of In terest Affidavit and Disclosure See link at https:// procurement .maryland.gov/wp -content/uploads/sites/12/2018/05/AttachmentH -Conflict -of- InterestAffidavit.pdf . Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 47 of 72 Attachment I. Non-Disclosure Agreement (Contractor) This solicitation does not require a Non -Disclosure Agreement. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 48 of 72 Attachment J. HIPAA Business Associate Agreement This solicitation does not require a HIPAA Business Associate Agreement. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 49 of 72 Attachment K. Mercury Affidavit See link at http:// procurement .maryland.gov/wp -content/uploads/sites/12/2018/04/Attachment -K- MercuryAffidavit.pdf . Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 50 of 72 Attachment L. Location of the Performance of Services Disclosure This solicitation does not require a Location of the Performance of Services Disclosure. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 51 of 72 Attachment M. Contract “SAMPLE ONLY ” DEPARTMENT OF HUMAN SERVICES (DHS) “JANITORIAL SERVICES” CARROL L COUNTY DEPARTMENT OF SOCIAL SERVICES CRRL/LGA 20 -017-S THIS CONTRACT (the “Contract”) is made this ____ day of _______________, 20_ __ by and between ________________ (the “Contractor”) [and Parental Guarantor, if applicable] and the STATE OF MARYLAND, acting through the MARYLAND DEPARTMENT OF HUMAN SERVICES (DHS” or the “DEPARTMENT ”). In consideration of the promises and the covenants herein contained, the adequacy and sufficiency of which are hereby acknowledged by the partie s, the parties agree as follows: 1. Definitions In this Contract, the following words have the meanings indicated: 1.1 “Bid” means the Contractor’s Bid dated _________ (Bid date) . 1.2 “COMAR” means Code of Maryland Regulations. 1.3 “Contractor” means the e ntity first named above whose principal business address is (Contractor’s primary address) and whose principal office in Maryland is (Contractor’s local address) , whose Federal Employer Identification Number or Social Security Number is (Contractor’s FEIN) , and whose eMaryland Marketplace Advantage vendor ID number is (eMMA Number) . 1.4 “IFB” means the Invitation for Bids for Janitorial Services , Solicitation # CRRL/LGA 20 -017-S, and any amendments, addenda, and attachments thereto issued in writing by the State. 1.5 Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR 21.01.02.01 B (54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03. 1.6 “State” means the State of Maryland. 1.7 “Veteran -owned Small Business Enterprise” (VSBE) means A business that is verified by the Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as a veteran -owned small business. See Code of Maryland Regulations ( COMAR) 21.11.13. 1.8 Capitalized terms not defined herein shall be ascribed the meaning given to them in the IFB. 2. Scope of Contract 2.1 The Contractor shall perform in accordance with this Contract and Exhibits A -D, which are listed below and incorporat ed herein by reference . If there is any conflict between this Contract and the Exhibits, the terms of the Contract shall control . If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision: Exhib it A – The IFB Exhibit B – The Contract Affidavit, executed by the Contractor and dated (date of Attachment C) Exhibit C – The Bid Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 52 of 72 2.2 The Procurement Officer may, at any time, by written order, make unilateral changes in the work within the general scope of the Contract . No other order, statement, or conduct of the Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this section . Except as otherwise provided in this Contract, if an y change under this section causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work, whether or not changed by the order, an equitable adjustment in the Contract price shall be made and the Contract modified in writing accordingly . The Contractor must assert in writing its right to an adjustment under this section within thirty (30) days of receipt of written change order and shall include a written statement setting forth the nature and cost of such claim . No claim by the Contractor shall be allowed if asserted after final payment under this Contract . Failure to agree to an adjustment under this section shall be a dispute under the Disputes clause . Nothing in this section shall excuse the Contractor from proceeding with the Contract as changed. 2.3 Without limiting the rights of the Procurement Officer under Section 2.2 above, the Contract may be modified by mutual agreement of the parties, provided: (a) the modification is made in writing ; (b) all parties sign the modification; and (c) all approvals by the required agencies as described in COMAR Title 21, are obtained. 3. Period of Performance 3.1 The term of this Contract begins on the date the Contract is signed by the Department followi ng any required prior approvals, including approval by the Board of Public Works, if such approval is required (the “Effective Date”) and shall continue until ______________ (“Initial Term”). 3.2 The Contractor’s performance under the Contract shall comm ence as of the date provided in a written NTP. 3.3 The Contractor’s obligation to pay invoices to subcontractor s providing products/services in connection with this Contract, as well as the audit ; confidentiality ; document retention ; patents , copyrights & intellectual property ; warranty ; indemnification obligations ; and limitations of liability under this Contract ; and any other obligations specifically identified, shall survive expiration or termination of the Contract. 4. Consideration and Payment 4.1 In consideration of the satisfactory performance of the work set forth in this Contract, the Department shall pay the Contractor in accordance with the terms of this Contract and at the prices quoted in the Bid. Unless properly modified (see above Section 2), payment to the Contractor pursuant to this Contract, including the Initial Term and any Renewal Term, shall not exceed the Contracted amount. The total payment under a fixed price Contract or the fixed price element of a combined fixed price – time and materials Contract shall be the firm fixed price submitted by the Contractor in its Bid. 4.2 Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments to the Contractor pursuant to this Contract shall be made no later than 30 days after the Department ’s receipt of a proper invoice from the Contractor as required by IFB section 3.3. The Contractor may be eligible to receive late payment interest at the rate of 9% per annum if: (1) The Contractor submits an invoice for the late payment interest within thirty days after the date of the State’s payment of the amount on which the interest accrued; and Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 53 of 72 (2) A contract claim has not been filed under State Finance an d Procurement Article, Title 15, Subtitle 2, Annotated Code of Maryland. The State is not liable for interest: (1) Accruing more than one year after the 31st day after the agency receives the proper invoice; or (2) On any amount representing unpaid interes t. Charges for late payment of invoices are authorized only as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public utilities, as applicable. Final payment under this Contract will not be made until after certification is received from the Comptroller of the State that all taxes have been paid. Electronic funds transfer shall be used by the State to pay Contractor pursuan t to this Contract and any other State payments due Contractor unless the State Comptroller’s Office grants Contractor an exemption. 4.3 In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to per form in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to be reduced or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer. 4.4 Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract. 5. Rights to Records 5.1 The Contractor agrees that all documents and materials including, but n ot limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations, and data prepared by the Contractor for purposes of this Contract shall be the sole property of the State and shall be available to the State at any time . The State shall have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 5.2 The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a Deliverable under this Contract (as defined in Section 7.2 ), and services performed under this Contract shall be “works made for hire” as that term is interpreted under U.S. c opyright law. To the extent that any products created as a Deliverable under this Contract are not works made for hire for the State, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights, title, and interest (including all intellectual property rights) to all such products created under this Contract, and will cooperate reasonably with the State in effectuating and registering any necessary assignments. 5.3 The Contractor shall report to the Contract Monitor, promptly an d in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this Contract. 5.4 The Contractor shall not affix any restrictive markings upon any data, documentation, or other materi als provided to the State hereunder and if such markings are affixed, the State shall have the right at any time to modify, remove, obliterate, or ignore such warnings. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 54 of 72 5.5 Upon termination or expiration of the Contract, the Contractor, at its own expense, shall deliver any equipment, software or other property provided by the State to the place designated by the Procurement Officer. 6. Exclusive Use 6.1 The State shall have the exclusive right to use, duplicate, and disclose any data, information, document s, records, or results, in whole or in part, in any manner for any purpose whatsoever, that may be created or generated by the Contractor in connection with this Contract . If any material, including software, is capable of being copyrighted, the State shal l be the copyright owner and Contractor may copyright material connected with this project only with the express written approval of the State. 6.2 Except as may otherwise be set forth in this Contract, Contractor shall not use, sell, sub -lease, assign, gi ve, or otherwise transfer to any third party any other information or material provided to Contractor by the Department or developed by Contractor relating to the Contract, except as provided for in Sectio n 8. Confidential or Proprietary Information and Do cumentation . 7. Patents, Copyrights, and Intellectual Property 7.1. All copyrights, patents, trademarks, trade secrets, and any other intellectual property rights existing prior to the Effective Date of this Contract shall belong to the party that owned su ch rights immediately prior to the Effective Date (“Pre -Existing Intellectual Property”) . If any design, device, material, process, or other item provided by Contractor is covered by a patent or copyright or which is proprietary to or a trade secret of ano ther, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items pursuant to its rights granted under the Contract. 7.2 Except for (1) information created or otherwise owned by the Department or licensed by the Department from third part ies, including all information provided by the Department to Contractor ; (2) materials created by Contractor or its subcontractor (s) specifically for the State under the Contract (“Deliverables”), except for any Contractor Pre-Existing Intellectual Property included therein ; and (3) the license rights granted to the State, all right, title, and interest in the intellectual property embodied in the solution, including the know -how and methods by which the solution is provided and the processes that make up the solution, will belong solely and exclusively to Contractor and its licensors, and the Department will have no rights to the same except as expressly granted in this Contract . Any SaaS Software developed by Contractor dur ing the performance of the Contract will belong solely and exclusively to Contractor and its licensors. For all Software provided by the Contractor under the Contract, Contractor hereby grants to the State a nonexclusive, irrevocable, unlimited, perpetual, non-cancelable, and non -terminable right to use and make copies of the Software and any modifications to the Software . For all Contractor Pre-Existing Intellectual Property embedded in any Deliverables, Contractor grants to the State a license to use such Contractor Pre-Existing Intellectual Property in connection with its permitted use of such Deliverable . During the period between delivery of a Deliverable by Contractor and the date of payment therefore by the State in accordance with this Contract (incl uding throughout the duration of any payment dispute discussions), subject to the terms and conditions contained herein, Contractor grants the State a royalty -free, non -exclusive, limited license to use such Deliverable and to use any Contractor Materials contained therein in accordance with this Contract. 7.3. Subject to the terms of Section 10, Contractor shall defend, indemnify and hold harmless the State and its agents and employees, from and against any and all claims, costs, losses, damages, liabiliti es, judgments and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any third party claim that the Contractor -provided Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 55 of 72 products/services infringe, misappropriate or otherwise violate any third party intellectual property rights. Contractor shall not enter into any settlement involving third party claims that contains any admission of or stipulation to any guilt, fault, liability or wrongdoing by the State or that adversely affects the State’s rights or i nterests, without the State’s prior written consent. 7.4 Without limiting Contractor’s obligations under Section 5.3, if an infringement claim occurs, or if the State or the Contractor believes such a claim is likely to occur , Contractor (after consultation with the State and at no cost to the State): (a) shall procure for the State the right to continue using the allegedly infringing component or service in accordance with its rights under this Contract; or (b) replace or modify the allegedly infringing component or service so that it becomes non - infringing and remains compliant with all applicable specifications . 7.5 Except as otherwise provided herein, Contractor shall not acquire any right, title or interest (includin g any intellectual property rights subsisting therein) in or to any goods, Software, technical information, specifications, drawings, records, documentation, data or any other materials (including any derivative works thereof) provided by the State to the Contractor. Notwithstanding anything to the contrary herein, the State may, in its sole and absolute discretion, grant the Contractor a license to such materials, subject to the terms of a separate writing executed by the Contractor and an authorized repre sentative of the State as well as all required State approvals . 7.6 Without limiting the generality of the foregoing, neither Contractor nor any of its subcontractor s shall use any Software or technology in a manner that will cause any patents, copyrights or other intellectual property which are owned or controlled by the State or any of its affiliates (or for which the State or any of its subcontractor s has received license rights) to become subject to any encumbrance or terms and conditions of any third p arty or open source license (including, without limitation, any open source license listed on http://www.opensource.org/licenses/alphabetical) (each an “Open Source License”). These restrictions, limitations, exclusions and conditions shall apply even if t he State or any of its subcontractor s becomes aware of or fails to act in a manner to address any violation or failure to comply therewith. No act by the State or any of its subcontractor s that is undertaken under this Contract as to any Software or techno logy shall be construed as intending to cause any patents, copyrights or other intellectual property that are owned or controlled by the State (or for which the State has received license rights) to become subject to any encumbrance or terms and conditions of any open source license. 7.7 The Contractor shall report to the Department , promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all Deliverables delivered under this Contract. 7.8 The Contractor shall not affix (or permit any third party to affix), without the Department ’s consent, any restrictive markings upon any Deliverables that are owned by the State, and if such markings are affixed, the Department shall have the right at any ti me to modify, remove, obliterate, or ignore such warnings. 8. Confidential or Proprietary Information and Documentation 8.1 Subject to the Maryland Public Information Act and any other applicable laws including, without limitation, HIPAA, the HI -TECH Act, and the Maryland Medical Records Act and regulations promulgated pursuant thereto, all confidential or proprietary information and documentation relating to either party (including without limitation, any information or data stored within the Contractor’s computer systems or cloud infrastructure , if applicable) shall be held in confidence by the other party . Each party shall, however, be permitted to disclose, as provided by and consistent with applicable law, relevant confidential information to its office rs, agents, and Contractor Personnel to the extent that such disclosure is necessary for the performance of their Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 56 of 72 duties under this Contract . Each officer, agent, and Contractor Personnel to whom any of the State ’s confidential information is to be disclosed s hall be advised by Contractor provided that each officer, agent, and Contractor Personnel to whom any of the State’s confidential information is to be disclosed shall be advised by Contractor of the obligations hereunder, and bound by, confident iality at least as restrictive as those of set forth in this Contract. . 8.2 The provisions of this section shall not apply to information that : (a) is lawfully in the public domain; (b) has been independently developed by the other party without violation of this Contract; (c) was already rightfully in the possession of such party; (d) was supplied to such party by a third party lawfully in possession thereof and legally permitted to further disclose the information; or (e) which such party is required to disclose by law. 9. Loss of Data 9.1 In the event of loss of any State data or records where such loss is due to the act or omission of the Contractor or any of its subcontractor s or agents, the Contractor shall be responsible for restoring or recreating, as applicable, such lost data in the manner and on the schedule set by the Contract Monitor . The Contractor shall ensure that all data is backed up and recoverable by the Contractor. At no time shall any Contractor actions (or any failures to act when Cont ractor has a duty to act) damage or create any vulnerabilities in data bases, systems, platforms, and applications with which the Contractor is working hereunder. 9.2 In accordance with prevailing federal or state law or regulations, the Contractor shall r eport the loss of non -public data as directed in IFB Section 3. 5. 9.3 Protection of data and personal privacy (as further described and defined in IFB Section 3.8 ) shall be an integral part of the business activities of the Contractor to ensure there is no inappropriate or unauthorized use of State information at any time. To this end, the Contractor shall safeguard the confidentiality, integrity and availability of State information and comply with the conditions identified in IFB Section 3. 5. 10. Indemnif ication and Notification of Legal Requests 10.1. At its sole cost and expense, Contractor shall (i) indemnify and hold the State, its employees and agents harmless from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to attorneys’ fees and costs), whether or not involving a third party claim, which arise out of or relate to the Contractor’s, or any of its subcontractor s’, performance of this Contract and (ii) cooperate, assist, and consult with the State in the defense or investigation of any such claim, demand, action or suit. Contractor shall not enter into any settlement involving third party claims that contains any admission of or stipulation to any guilt, fault, liability or wrongdoing by the State or that adversely affects the State’s rights or interests, without the State’s prior written consent. 10.2. The State has no obligation: (i) to provide legal counsel or defense to the Contractor or its subcontractor s in the event that a suit, claim or action of any character is brought against the Contractor or its subcontractor s as a result of or relating to the Contractor’s obligations or performance under this Contract, or (ii) to pay any judgment or settlement of any such suit, claim or action. Notwithstanding the foregoing, the Contractor shall promptly notify the Procurement Officer of any such claims, demands, actions, or suits . 10.3. Notification of Legal Requests . In the event the Contractor receives a subpoena or other validly issued administrative or judicial process, or any discovery request in connection with any litigation, requesting State Pre -Existing Intellectual Property, of other information considered to be the property of the State , including but not limited to State data stored with or otherwise accessible by the Contractor, t he Contractor shall not respond to such subpoena , process or other Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 57 of 72 legal request without first notifying the State, unless prohibited by law from providing su ch notic e The Contractor shall promptly notify the State of such receipt providing the State with a reasonable opportunity to intervene in the proceeding before the time that Contractor is required to comply with such subpoena, other process or discovery r equest . . 11. Non-Hiring of Employees No official or employee of the State, as defined under Md. Code Ann., General Provisions Article, § 5 -101, whose duties as such official or employee include matters relating to or affecting the subject matter of this C ontract, shall, during the pendency and term of this Contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this Contract. 12. Disputes This Contract shall be subject to the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15, Subtitle 2, and COMAR 21.10 (Administrative and Civil Remedies) . Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the Contract in accordance with the Procurement Officer’s decision . Unless a lesser period is provided by applicable statute, regulation, or the Contract, the Contractor must file a written notice of claim with the Procurement Officer within thirty (30) days after the basis for the claim is known or should have been known, whichever is earlier . Contemporaneously with or within thirty (30) days of the filing of a notice of claim, but no later than the date of final payment under the Contract, the Contractor mus t submit to the Procurement Officer its written claim containing the information specified in COMAR 21.10.04.02. 13. Maryland Law Prevails 13.1 This Contract shall be construed, interpreted, and enforced according to the laws of the State of Maryland. 13.2 The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract or any purchase order, task order, or Notice to Proceed issued thereunder, or any software, or any software license acquired hereunder . 13.3 Any and all references to the Maryland Code, annotated and contained in this Contract shall be construed to refer to such Code sections as are from time to time amended. 14. Nondiscrimination in Employment The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, sexual orientation, gender identification, marital status, national origin, ancestry, genetic inform ation, or any otherwise unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in nature and extent so as to reasonably preclude the performance of the employment , or the individual’s refusal to submit to a gen etic test or make available the results of a genetic test; (b) to include a provision similar to that contained in subsection (a), above, in any underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractor s to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 15. Contingent Fee Prohibition The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor to solicit or secure the Contract, and that the Contractor has not paid or agreed to pay any person, partnership, Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 58 of 72 corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this Contract. 16. Non-Availability of Funding If the General Assembly fails t o appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for w hich funds were not appropriated or otherwise made available; provided, however, that this will not affect either the State’s or the Contractor’s rights under any termination clause in this Contract . The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future performance of the Contract, but not from their rights and obligations existing at the time of termination . The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract . The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first. 17. Termin ation for Default If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, the State may terminate the Contract by written notice to the Contractor . The notice shall specify the acts or omissions relied upon as cause for termination . All finished or unfinished work provided by the Contractor shall, at the State’s option, become the State’s property . The State shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the Contractor’s breach . If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the State can affirmatively collect damages . Termination hereunder, including the termination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B. 18. Termination for Convenience The performance of wo rk under this Contract may be terminated by the State in accordance with this clause in whole, or from time to time in part, whenever the State shall determine that such termination is in the best interest of the State . The State will pay all reasonable co sts associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract. However, the Contractor shall not be reimbursed for any anticipatory profits that have n ot been earned up to the date of termination . Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12 A (2). 19. Delays and Extensions of Time 19.1 The Contrac tor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract. 19.2 Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractor s or suppliers arising fro m unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractor s or suppliers. 20. Suspension of Work Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 59 of 72 The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of its performance for such period of time as the Procurement Officer may determine to be appropriate for the convenience of the State. 21. Pre-Existing Regulations In accordance with the provisions of Section 11 -206 of the State Finance and Procurement Article, Annotated Code of Maryland, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of this Contract are applicable to this Contract. 22. Financial Disclosure The Contrac tor shall comply with the provisions of Section13 -221 of the State Finance and Procurement Article of the Annotated Code of Maryland, which requires that every business that enters into contracts, leases, or other agreements with the State or its agencies during a calendar year under which the business is to receive in the aggregate, $100,000 or more, shall within 30 days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. 23. Political Contribution Disclosure The Contractor shall comply with Election Law Article, Title 14, Annotated Code of Maryland, which requires that ev ery person that enters into a procurement contract with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period . The statement shall be filed with the State Board of Elections : (a) before execution of a contract by the State, a county, a municipal corporation, or o ther political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on or before: (i) May 31, t o cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31. Additional information is available on the State Board of Elections website: http://www.elections.state.md.us/campaign_finance/index.html . 24. Retention of Records The Contractor and subcontractors shall retain and maintain all records and documents in any way relating to this Contract for (i) three (3) years a fter final payment by the State hereunder, or (ii) any applicable federal or State retention requirements (such as HIPAA) or condition of award, whichever is longer, and shall make them available for inspection and audit by authorized representatives of th e State, as designated by the Procurement Officer, at all reasonable times. The Contractor shall provide copies of all documents requested by the State, including, but not limited to itemized billing documentation containing the dates, hours spent and work performed by the Contractor and its subcontractor s under the Contract. All records related in any way to the Contract are to be retained for the entire time provided under this section. 25. Right to Audit 25.1 The State reserves the right, at its sole dis cretion and at any time, to perform an audit of the Contractor’s performance under this Contract . An audit is defined as a planned and documented independent activity performed by qualified personnel, including but not limited to State and Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 60 of 72 federal auditors, to determine by investigation, examination, or evaluation of objective evidence from data, statements, records, operations and performance practices (financial or otherwise) the Contractor’s compliance with the Contract, including but not limited to adequacy and compliance with established procedures and internal controls over the services performed pursuant to the Contract. 25.2 Upon three (3) Business Days’ notice, the State shall be provided reasonable access to Contractor’s records to perform any such audits . The Department may conduct these audits with any or all of its own internal resources or by securing the services of a third party accounting or audit firm, solely at the Department ’s election . The Department may copy any record re lated to the services performed pursuant to the Contract. The Contractor agrees to fully cooperate and assist in any audit conducted by or on behalf of the State, including, by way of example only, making records and employees available as, where, and to t he extent requested by the State and by assisting the auditors in reconciling any audit variances. Contractor shall not be compensated for providing any such cooperation and assistance. 25.3 The right to audit shall include any of the Contractor’s subcontr actor s including but not limited to any lower tier subcontractor (s). The Contractor shall ensure the Department has the right to audit such subcontractor (s). 26. Compliance with Laws The Contractor hereby represents and warrants that: a. It is qualified to do business in the State and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified; b. It is not in arrears with respect to the payment of any monies due and owing the State, or any department or unit thereof, in cluding but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the Term; c. It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligati ons under this Contract; and d. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract. 27. Cost and Price Certification 27.1 The Contractor, b y submitting cost or price information certifies that, to the best of its knowledge, the information submitted is accurate, complete, and current as of the date of its Bid. 27.2 The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price information which, as of the date of its Bid, was inaccurate, incomplete, or not current. 28. Subcontract ing; Ass ignment The Contractor may not subcontract any of its obligations under this Contract without obtaining the prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or any of its rights or obligations hereunder, withou t the prior written approval of the Procurement Officer, each at the State’s sole and absolute discretion; provided, however, that a Contractor may assign monies receivable under a contract after written notice to the State . Any subcontract s shall include such language as may be required in various clauses contained within this Contract, exhibits, and attachments . The Contract shall not be assigned until all approvals, documents, and affidavits Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 61 of 72 are completed and properly registered . The State shall not be r esponsible for fulfillment of the Contractor’s obligations to its subcontractor s. 29. Limitations of Liability 29.1 Contractor shall be liable for any loss or damage to the State occasioned by the acts or omissions of Contractor , its subcontractor s, agents or employees as follows: (a) For infringement of patents, trademarks, trade secrets and copyrights as provided in Section 7 “Patents, Copyrights, Intellectual Property” of this Contract; (b) Without limitation for damages for bodily injury (including death) and damage to real property and tangible personal property; and (c) For all other claims, damages, loss, costs, expenses, suits or actions in any way related to this Contract and regardless of the basis on which the claim is made, Contractor’s liabi lity shall be unlimited. 29.2 Contractor’s indemnification obligations for Third party claims arising under Section 6 (“Indemnification”) of this Contract are included in this limitation of liability only if the State is immune from liability. Contractor’ s indemnification liability for third party claims arising under Section 6 of this Contract shall be unlimited if the State is not immune from liability for claims arising under Section 6. 29.3. In no event shall the existence of a subcontract operate to r elease or reduce the liability of Contractor hereunder. For purposes of this Contract, Contractor agrees that all subcontractor s are agents of Contractor and Contractor is responsible for performance of the services and compliance with the relevant obligat ions hereunder by its subcontractor s. 30. Commercial Nondiscrimination 30.1 As a condition of entering into this Contract, Contractor represents and warrants that it will comply with the State’s Commercial Nondiscrimination Policy, as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability, or otherwise unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractor s, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractor s, vendor s, and suppliers to participate in all of its public sector and private sector subcontract ing and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurr ed or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of Contractor from participating in State contracts, or other sanctions . This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. 30.3 As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and onl y after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractor s, vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontra ct or supply contract . Contractor further agrees to cooperate Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 62 of 72 in any investigation conducted by the State pursuant to the State Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, and to provide any documents relevant to any investigation that are requested by the State . Contractor understands that violation of this clause is a material breach of this Contract and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. 30.4 The Contractor shall include the language from 30.1, or similar clause approved in writing by the Department , in all subcontract s. 31. Prompt Pay Requirements 31.1 If the Contractor withholds payment of an undisputed amount to its subcontractor , the Department , at its option and in its sole discretion, may take one or more of the following actions: (a) Not process further payments to the Contract or until payment to the subcontractor is verified; (b) Suspend all or some of the Contract work without affecting the completion date(s) for the Contract work; (c) Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due to the Contractor; (d) Place a payment for an undisputed amount in an interest -bearing escrow account; or (e) Take other or further actions as appropriate to resolve the withheld payment. 31.2 An “undispu ted amount” means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute . Such “undisputed amounts” include, without limitation: (a) retainage which had been withheld and is, by the terms of the agreement between the C ontractor and subcontractor , due to be distributed to the subcontractor ; and (b) an amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 31.3 An act, failure to act, or d ecision of a Procurement Officer or a representative of the Department concerning a withheld payment between the Contractor and a subcontractor under this section 31 , may not: (a) Affect the rights of the contracting parties under any other provision of la w; (b) Be used as evidence on the merits of a dispute between the Department and the Contract or in any other proceeding; or (c) Result in liability against or prejudice the rights of the Department. 31.4 The remedies enumerated above are in addition to tho se provided under COMAR 21.11.03.13 with respect to subcontractor s that have contracted pursuant to the MBE program. 31.5 To ensure compliance with certified MBE subcontract participation goals, the Department may, consistent with COMAR 21.11.03.13, take t he following measures: (a) Verify that the certified MBEs listed in the MBE participation schedule actually are performing work and receiving compensation as set forth in the MBE participation schedule . This verification may include, as appropriate: i. Inspecting any relevant records of the Contractor; ii. Inspecting the jobsite; and iii. Interviewing subcontractor s and workers. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 63 of 72 Verification shall include a review of: i. The Contractor’s monthly report listing unpaid invoices over thirty (30) days old from certified MBE subcontractor s and the reason for nonpayment; and ii. The monthly report of each certified MBE subcontractor , which lists payments received from the Contractor in the preceding thirty (30) days and invoices for which the subcontractor has not been paid. (b) If the Department determines that the Contractor is not in compliance with certified MBE participation goals, then the Department will notify the Contractor in writing of its findings, and will require the Contractor to take appropriate corrective action . Corrective action may include, but is not limited to, requiring the Contractor to compensate the MBE for work performed as set forth in the MBE participation schedule. (c) If the Department determines that the Contractor is in material n oncompliance with MBE Contract provisions and refuses or fails to take the corrective action that the Department requires, then the Department may: i. Terminate the Contract ; ii. Refer the matter to the Office of the Attorney General for appropriate action ; or iii. Initiate any other specific remedy identified by the Contract , including the contractual remedies required by any applicable laws, regulations, and directives regarding the payment of undisputed amounts. (d) Upon completion of the Contract, but b efore final payment or release of retainage or both, the Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all payments made to, or withheld from, MBE subcontractor s. 32. Living Wage If a Contractor subject to the L iving Wage law fails to submit all records required under COMAR 21.11.10.05 to the Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation, the Department may withhold payment of any invoice or retainage. The Department may require certification from the Commissioner on a quarterly basis that such records were properly submitted. 33. Use of Estimated Quantities Unless specifically indicated otherwise in the State’s solicitation or other controlling documents related to the Scope of Work, any sample amounts provided are estimates only and the Department does not guarantee a minimum or maximum number of units or us age in the performance of this Contract. 34. Risk of Loss; Transfer of Title Risk of loss for conforming supplies, equipment, materials and Deliverables furnished to the State hereunder shall remain with the Contractor until such supplies, equipment, mater ials and Deliverables are received and accepted by the State, following which, title shall pass to the State. 35. Effect of Contractor Bankruptcy All rights and licenses granted by the Contractor under this Contract are and shall be deemed to be rights and licenses to “intellectual property,” and the subject matter of this Contract, including services, is and shall be deemed to be “embodiments of intellectual property” for purposes of and as Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 64 of 72 such terms are used and interpreted under § 365(n) of the United S tates Bankruptcy Code (“Code”) (11 U.S.C. § 365(n) (2010)) . The State has the right to exercise all rights and elections under the Code and all other applicable bankruptcy, insolvency and similar laws with respect to this Contract (including all executory statement of works) . Without limiting the generality of the foregoing, if the Contractor or its estate becomes subject to any bankruptcy or similar proceeding: (a) subject to the State’s rights of election, all rights and licenses granted to the State unde r this Contract shall continue subject to the respective terms and conditions of this Contract; and (b) the State shall be entitled to a complete duplicate of (or complete access to, as appropriate) all such intellectual property and embodiments of intelle ctual property, and the same, if not already in the State’s possession, shall be promptly delivered to the State, unless the Contractor elects to and does in fact continue to perform all of its obligations under this Contract. 36. Miscellaneous 36.1 Any pr ovision of this Contract which contemplates performance or observance subsequent to any termination or expiration of this Contract shall survive termination or expiration of this Contract and continue in full force and effect. 36.2 If any term contained in this Contract is held or finally determined to be invalid, illegal, or unenforceable in any respect, in whole or in part, such term shall be severed from this Contract, and the remaining terms contained herein shall continue in full force and effect, and shall in no way be affected, prejudiced, or disturbed thereby. 36.3 The headings of the sections contained in this Contract are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this Contract. 36.4 This Contract may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures provided by facsimile or other electronic means, e.g., and not by way of limitation, in Adobe .PDF sent by electronic mail , shall be deemed to be original signatures. 37. Contract Monitor and Procurement Officer 37.1 The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, a nd within scope . The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor’s responsibilities. The Department may change the Contract Monitor at any t ime by written notice to the Contractor. 37.2 The Procurement Officer has responsibilities as detailed in the Contract, and is the only State representative who can authorize changes to the Contract . The Department may change the Procurement Officer at any time by written notice to the Contractor. 38. Notices All notices hereunder shall be in writing and either delivered personally or sent by certified or registered mail, postage prepaid, as follows: If to the State: Chad Seymour 1232 Tech Court, Westminste r, Maryland 21157 Phone Number: 410-386-3472 E-Mail: chad.seymour@maryland.gov Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 65 of 72 With a copy to: Cora Traynham DHS -Procurement Unit 311 W. Saratoga Street Phone Number: 410-767- E-Mail: cora.traynham @maryland.gov If to the Contractor: (Contractor’s Name) (Contractor’s primary address) Attn: _ _________________ [[Delete the following if a parent company guarantee is inapplicable :]] Parent Company Guarantor Contact: _______________________________ Attn: _ _________________ 39. Hiring Agreement 39.1 The Contractor agrees to execute and comply with the enclosed Maryland Department of Human Services (DHS ) Hiring Agreement (Attachment O) . The Hiring Agreement is to be executed by the Bidder and delivered to the Procurement Officer within ten (10) Busines s Days following receipt of notice by the Bidder that it is being recommended for Contract award . The Hiring Agreement will become effective concurrently with the award of the Contract. 39.2 The Hiring Agreement provides that the Contractor and DHS will wo rk cooperatively to promote hiring by the Contractor of qualified individuals for job openings resulting from this procurement, in accordance with Md. Code Ann., State Finance and Procurement Article §13 -224. SIGNATURES ON NEXT PAGE Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 66 of 72 IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth. Contractor : <<ContractorName>> State of Maryland Department of Human Services DHS By: <<Contractor Signer>> By: <<agencyContractSigner>>, <<agencyContractSignerTitle>> Date: Date: Witness/Attest: Witness/Attest: PARENT COMPANY (GUARANTOR) (if applicable) By: Date: Witness/Attest: Approved for form and legal sufficiency this ____ day of _____________, 20___. ______________________________________ Assistant Attorney General Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 67 of 72 Attachment N. Contract Affidavit See link at http:// procurement .maryland.gov/wp -content/uploads/sites/12/2018/04/Attachment -N- ContractAffidavit.pdf . Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 68 of 72 Attachment O. DHS Hiring Agreement See link at http:// procureme nt.maryland.gov/wp -content/uploads/sites/12/2018/04/Attachment -O- DHSHiringAgreement.pdf . Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 69 of 72 Appendix 1 . – Abbreviations and Definitions For purposes of this IFB, the following abbreviations or terms have the meanings indicated below: Bid – The Bidder’s Bid. A. Bid Price Form or B id Form - The Attachment B Bid Form . B. Business Day(s) – The official working days of the week to include Monday through Friday . Official working days excluding State Holidays (see definition of “Normal State Business Hours” below). C. COMAR – Code of Maryland Regulations available on -line at http://www.dsd.state.md.us/COMAR/ComarHome.html . D. Contract – The Contract awarded to the successful Bidder pursuant to this IFB. The Contract will be in the form of Attachment M . E. Contract Monitor – The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope . The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor’s responsibilities. The Department may change the Contract Monitor at any time by written notice to the Contractor. F. Contractor – The selected Bidder that is awarded a Contract by the State. G. Contractor Personnel – Employees and agents and subcontractor employees and agents performing work at the direction of the Contractor under the terms of the Contract awarded from this IFB. H. Department of Human Servi ces or (“DHS” o r the “ Department ”). I. eMMA – eMaryland Marketplace Advantage (see IFB Section 4.2). J. Invitation for Bids (IFB) – This Invitation for Bids issued by the Department , with the Solicitation Number and date of issuance indicated in the Key Information Summary Sheet, including any amendments thereto. K. Key Personnel – All Contractor Personnel identified in the solicitation as such that are essential to the work being performed under the Contract . See IFB Sections 3.10 . L. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland . Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such. M. Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR 21.01.02 .01B (54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03. N. Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through Friday except State Holidays, which can be found at : www.dbm. maryland.gov – keyword : State Holidays. O. Notice to Proceed (NTP) – A written notice from the Procurement Officer that work under the Contract, project, Task Order or Work Order (as applicable) is to begin as of a specified date . Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 70 of 72 The NTP Date is the start da te of work under the Contract, project, Task Order or Work Order . Additional NTPs may be issued by either the Procurement Officer or the Contract Monitor regarding the start date for any service included within this solicitation with a delayed or non - speci fied implementation date. P. NTP Date – The date specified in a NTP for work on Contract, project, Task Order or Work Order to begin. Q. Bidder – An entity that submits a Bid in response to this IFB. R. Procurement Officer – Prior to the award of any Contract, the sole point of contact in the State for purposes of this solicitation . After Contract award, the Procurement Officer has responsibilities as detailed in the Contract ( Attachment M ), and is the only State representative who can authorize changes to the Contr act. The Department may change the Procurement Officer at any time by written notice to the Contractor. S. Security or Security Measures – The technology, policy and procedures that a) protects and b) controls access to networks, systems, and data . T. State – The State of Maryland. U. Total Bid Price - The Bidder ’s bid price or evaluated bid price for goods and services in response to this solicitation, included in Attachment B – Bid Form . V. Veteran -owned Small Business Enterprise (VSBE) – A business that is verified by the Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as a veteran -owned small business. See Code of Maryland Regulations (COMAR) 21.11.13. Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 71 of 72 Appendix 2. – Bidder Information Sheet See link at http:// procurement .maryland.gov/wp -content/uploads/sites/12/2018/04/Appendix2 - Bidder_OfferorInformationSheet.pdf . Janitorial Services Solicitation #: CRRL/LGA 20 -017-S IFB Document IFB for Department of Human Services Page 72 of 72 Appendix 3. – Walk Through Affidavit Solicitation No : CRRL/LGA 20 -017-S A mandatory walk through will be held at 11 a.m. local time , on Wednesday, February 12, 2020 at Carroll County DSS, 1232 Tech Court, Suite A, Westminster, Maryland 21157 . Please sign and return this form with your Bid. Failure to attend the walk through will result in your Bid being determined non -responsive. AUTHORIZED REPRESENTATIVE I HEREBY AFFIRM THAT: I _______________________ (name of affiant), ______________________(Title) and the duly authorized representative of __________________________(name of Bidder) and that I possess the legal authority to make this Affidavit on behalf of myself and the busines s for which I am acting. I hereby affirm that I (Bidder) have attended the mandatory walk through. I DO SOLEMLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT. _______________________________ ___ ________________________________ Signature Title __________________________________ Name of Firm (please print)