unarmed-guard-services-2

STATE OF MARYLAND THE DEPARTMENT OF HU MAN SERVICES/OFFICE OF TECHNOLOGY FOR HUMAN SERVICES (DHS/OTHS ) INVITATION FOR BIDS (IFB) UNARMED GUARD SERVIC ES FOR THE DEPARTMEN T OF HUMAN RESOURCES INFORMATIO N SYSTEMS (DHRIS) BUILDING OTHS/OTHS/20.024.S ISSUE DATE: NOVEMBER 7, 2019 NOTICE TO BIDDER S SMALL BUSINESS RESER VE PROCUREMENT This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14 -501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOS BA) Small Business Reserve Program are eligible for award of a contract. NOTICE A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (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. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page ii of 68 NO BID NOTICE/ VENDOR FEEDBACK FORM To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation . Please return your comments with your response . If you ha ve 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 : Unarmed Guard Services for the Department of Human Resources Information Systems (DHRIS) Building Solicitation No: OTHS/OTHS -20-024-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 provide  We are inexperienced in the work/commodities required  Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)  The scope of work is beyond our present capacity  Doing business with t he State is simply too complicated . (Explain in REMARKS section)  We cannot be competitive . (Explain in REMARKS section)  Time allotted for completion of the Bid is insufficient  Start -up time is insufficient  Bonding/Insurance requirements are restrictive (Explain in REMARKS section)  Bid requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)  MBE or VSBE requirements (Explain in REMARKS section)  Prior State of Maryland contract experience was unprofitable or other wise 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 concern s, please use the REMARKS section below . (Attach additional pages as needed.) REMARKS: ____________________________________________________________________________________ ____________________________________________________________________________________ Vendor Name: ________________________________ Date: _______________________ Contact Person: ________________________________ _ Phone (____) _____ - _________________ Address: ______________________________________________________________________ E-mail Address: ________________________________________________________________ Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page iii of 68 STATE OF MARYLAND DEPARTMENT OF HUMAN SERVICES/OFFICE OF TECHNOLOGY FOR HUMAN SERVICES (DHS/OTHS ) KEY INFORMATION SUMM ARY SHEET Invitation for Bids Services - Unarmed Guard Services for the Department of Human Resources Information Systems (DHRIS) Building Solicitation Number: OTHS/OTHS -20-024-S IFB Issue Date: November 7, 2019 IFB Issuing Office: Department of Human Services/Office of Technology for Human Resource (DHRIS/OTHS ) Procurement Officer: Shirelle Green 311 W. Saratoga Street Baltimore, MD 21201 e-mail: Office Phone: Shirelle.green@maryland.gov 410-767-7370 Bids are to be sent to: Shirelle Green The Department of Human Services 311 W. Saratoga Street, Rm 940 -B Baltimore, MD 21201 Pre-Bid Conference: Tuesday November 1 2, 2019@1:00 pm Local Time at the DHRIS building located at 1100 Eastern Boulevard, Essex, MD 21221 , Conference Room 3 . Questions Due Date and Time Friday 15, 2019 @10:00 am Local Time Bid Due (Closing) Date and Time: Monday November 18, 2019 @ 10:00 am Local Time Bidder s are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page i i). Public Bid Opening Date, Time and Location Monday November 18, 2019 @ 11:00 am Local Time 311 W. Saratoga Street, Baltimore, MD 21201 and Room 952 MBE Subcontracting Goal: Not applicable. VSBE Subcontracting Goal: Not applicable. Contract Type: Definite Quantity Contract with Firm Fixed -Price Contract Duration: Three (3) year base period and two (2) one -year option periods. Primary Place of The DHRIS Building Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page iv of 68 Performance: 1100 Eastern Boulevard Essex, MD 21221 SBR Designation: No Federal Funding: No Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page v of 68 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 ................................ ................................ ................................ ........... 3 3 Contra ctor Requirements: General ................................ ................................ ................................ .. 12 3.1 Contract Initiation Requirements ................................ ................................ ............................... 12 3.2 End of Contract Transition ................................ ................................ ................................ ........ 12 3.3 Invoicing ................................ ................................ ................................ ................................ .... 13 3.4 Liquidated Damages ................................ ................................ ................................ .................. 15 3.5 Disaster Recovery and Data ................................ ................................ ................................ ...... 16 3.6 Insurance Requirements ................................ ................................ ................................ ............ 16 3.7 Security Requirements ................................ ................................ ................................ ............... 17 3.8 Problem Escalation Procedure ................................ ................................ ................................ ... 18 3.9 SOC 2 Type 2 Audit Report ................................ ................................ ................................ ...... 19 3.10 Minority Business Enterprise (MBE) Reports ................................ ................................ ........... 19 3.11 Veteran Small Business Enterprise (VSBE) Reports ................................ ................................ 19 3.12 Work Orders ................................ ................................ ................................ .............................. 19 3.13 Additional Clauses ................................ ................................ ................................ ..................... 19 4 Procurement Instructions ................................ ................................ ................................ .................. 20 4.1 Pre-Bid Conference ................................ ................................ ................................ ................... 20 4.2 eMaryland Marketplace Advantage (eMMA) ................................ ................................ ........... 20 4.3 Questions ................................ ................................ ................................ ................................ ... 20 4.4 Procurement Method ................................ ................................ ................................ ................. 21 4.5 Bid Due (Closing) 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 Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page vi of 68 4.12 Revisions to the IFB ................................ ................................ ................................ .................. 22 4.13 Cancellations ................................ ................................ ................................ ............................. 22 4.14 Incurred Expe nses ................................ ................................ ................................ ..................... 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 Contr act 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 ................................ ................................ ........... 28 4.35 Location of the Performance of Services Disclosure ................................ ................................ 28 4.36 Department of Human Services (DHS) Hiring Agreement ................................ ....................... 28 4.37 Small Business Reserve (SBR) Procurement ................................ ................................ ............ 29 4.38 Maryland Healthy Working Families Act Requirements ................................ .......................... 30 5 Bid Format ................................ ................................ ................................ ................................ .......... 31 5.1 One Part Submission ................................ ................................ ................................ ................. 31 5.2 Labeling ................................ ................................ ................................ ................................ ..... 31 5.3 Bid Price Form ................................ ................................ ................................ .......................... 31 5.4 Required Bid S ubmission ................................ ................................ ................................ .......... 31 5.5 Delivery ................................ ................................ ................................ ................................ ..... 33 5.6 Documents Required upon Notice of Recommendation for Contract Award ........................... 33 Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page vii of 68 6 Bid Evaluation and Award ................................ ................................ ................................ ................ 35 6.1 Bid Evaluation Criteria ................................ ................................ ................................ .............. 35 6.2 Reciprocal Preference ................................ ................................ ................................ ................ 35 6.3 Award Determination ................................ ................................ ................................ ................ 35 6.4 Documents Required upon Notice of Recommendation for Contract Award ........................... 35 7 IFB ATTACHMENTS AND APPENDICES ................................ ................................ ................... 36 Atta chment A. Pre-Bid Conference Response Form ................................ ................................ ......... 38 Attachment B. Bid Instructions & Form ................................ ................................ ............................ 39 Attachment C. Bid/Proposal Affidavit ................................ ................................ ................................ 41 Attachment D. Maryland Living Wage Affidavit of Agreement for Service Contracts ................ 42 Attachment E. Conflict of Interest Affidavit and Disclosure ................................ ........................... 44 Attachment F. Non-Disclosure Agreement (Contractor) ................................ ................................ . 45 Attachment G. Contract ................................ ................................ ................................ ....................... 46 Attachment H. Contract Affidavit ................................ ................................ ................................ ...... 62 Attachment I. DHS Hiring Agreement ................................ ................................ .............................. 63 Appendix 1. – Abbreviations and Definitions ................................ ................................ ......................... 64 Appendix 2. – Bidder Information Sheet ................................ ................................ ................................ 66 Appendix 3. – Incident Report ................................ ................................ ................................ ................. 67 Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 1 of 68 1 Minimum Qualifications 1.1 Bidder Minimum Qualifications To be considered reasonably susceptible of being selected for award, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications: 1.1.1 The Bidder shall have a minimum of two (2) complete year s of running a security guard company. Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid a minimum of two (2) references that can substantiate this experience . 1.1.2 The Bidder shall, and upon Contract award to Contractor shall continue to be, certified by the by the Maryland State Police as a Licensed Security Guard Agency . Required Documentation : As proof of meeting this requirement, the Bidder shall provide with its Bid a current certificate issued by the Maryland State Police evidencing the Bidder’s certification as a Licensed Security Guard Agency. THE REMAINDER OF THI S PAGE IS INTENTIONA LLY LEFT BLANK. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 2 of 68 2 Contractor Requirements: Scope of Work 2.1 Summary Statement 2.1.1 The DHS is issuing this Invitation for Bid s (IFB) in order to procure the services of an unarmed security guard (Guard Services) , as specified in this IFB, from a Contract between the successful Bidder (Contractor) and the DHS at the Department of Human Resources Information Site (DHRIS) located at 1100 Eastern Boulevard, Essex, Maryla nd 21221 (the Site) . 2.1.2 The Department intends to make a single award for the work under this IFB. See IFB Section 4.9 Award Basis for more Contract award information. 2.1.3 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 Contractor shall remain responsible for Contract performance regardless of subcontractor participation in the work . 2.2 Background and Purpose The DHRIS is a satellite location for the Office of Technology for Human Services (OTHS). The Site is a one story building, occupying 31,500 square feet with adjacent parking lots and grounds. The Site houses State and contractor staff that provide administrative and technical support to DHS in which a safe working environment is important. Public access is limited to lobby, conference and training rooms. Staff use swipe cards to open doors leading to the main office areas. All visitors report to the Guard for assistance, and staff or the Guard escort will provide access to a specific area within the Site. 2.2.1 Project Goals /Scope of Work a) The Contractor shall furnish all labor, equipment, and supplies nec essary to perform the Guard Services for the Site, grounds, and parking lot in strict conformity with the methods and conditions hereinafter specified. b) The Contractor must provide the necessary personnel and any special equipment required to provide Guard Services, which must be provided in an orderly, continuous and consistent manner and will cause the minimum amount of disruption to DHS’s operations. c) The Contractor shall make a reasonable effort to retain the existing guard. 2.2.2 State Staff and Roles In add ition to the Procurement Officer the State shall have a Contract Monitor. The DHRIS Contract Monitor for this project is Trudy Meads, (410) 238 -1204, trudy.meads@maryland.gov . The DHRIS Contract Monitor will be responsible for all contract administration duties, will work directly with the Contractor and be the day -to-day contact with the Contractor during the Contract term. 2.2.3 Other State Responsibilities a) The State will provide normal office working facilities and equipment reasonably necessary for Contractor performance under the Contract . Any special requirements (e.g., reprographic services, computer time, key data entry) shall be identified. b) The State i s responsible for providing required information, data, documentation, and test data to facilitate the Contractor’s performance of the work, and will provide such additional assistance and services as is specifically set forth. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 3 of 68 2.3 Responsibilities and Tasks 2.3.1 Working Hours a nd Location a) The following location and schedule represent the maximum number of hours anticipated for the scope of the Contract. The Contract Monitor will notify the Contractor of any additional after-hour services on an as -needed basis in w riting. 1) Location: DHRIS , 1100 Eastern Blvd., Essex, MD 21221. 2) Standard operating hours of DHRIS are Monday through Friday, 8:00 a.m. - 5:00 p.m. 3) Guard hours for one (1) full -time Guard: 8:00 a.m. – 5:00 p.m. 4) 1 Guard: 8: 00 am - 5:00 pm = 8 hours per day x 12 months = 2080 hours per year b) The full -time Guard will have a 30 minute un-paid lunch break and two 15 minute breaks; or a one hour lunch break. When breaks and lunch apply, DHS staff will cover during those times so that full coverage is provided consistently and continuously. c) The Guard post must be manned during duty hours except when escorting DHRIS guests to meeting roo ms, completing perimeter check, or when on lunch. 2.3.2 State Holidays The following State Holidays will be observed by DHRIS and the Contractor: New Year’s Day Columbus Day Martin Luther King Day Presidential or Gubernatorial Election Day Presi dent’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day American Indian Heritage Day Labor Day Christmas Day The Governor of Maryland may authorize additional days which will be observed by both DHRIS and the Cont ractor. Security guard services will not be provided on State Holidays. Official general election holidays and Service Reduction Days will also be observed. Publicly announced emergency days off (including full and part days off), in case of events such as hurricanes, snow storms, etc., as declared by the Governor, County authorities or other duly responsible authorities will be observed by DHRIS, and consequently will not be work -as-usual days billable under this contract. 2.3.3 Standards and Qualifications of Guard The Guard and any replacement Guard assigned to this Contract must meet the following general requirements: A. Prior to initial report of duty all Guards must be certified and trained to perform duties, including any replacement Guards. B. Must be at least twenty -one (21) years of age; C. Must be a high school graduate or have an equivalency certificate; D. Must possess at least two (2) years of experience in security/law enforcement work; E. Must have the ability to greet and interact positively and courteously with the public; Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 4 of 68 F. Must speak, read, and write English in a clear and concise manner; G. Must be able to read, understand, and apply printed rules and directions; H. Must be in good general health and able to stand and/or walk for an entire shift and a ble to lift or carry objects of up to fifty (50) pounds; I. Must be capable of self-defense ; J. Must be able to run and climb stairs; K. Must maintain a current First Aid Card and will be required to show the card upon request; L. Must be CPR certified by the American Red Cross, American Heart Association, or other recognized certifying body; M. Guard must not have criminal records or be on probation; and N. Guard must not have been convicted or charged with any form of domestic violence. 2.3.4 Qualifications Verification a) Bidders shall provide the following information with their Bids: 1) Copy of Guard’s resume that reflects two (2) years of experience in security/law enforcement ; and 2) Copy of current First Aid certification card . b) On the first day of the C ontract, the following inform ation will be submitted to the Contract Monitor or his/her designee : 1) Copy of Guard’s background check ; 2) Copy of Guard’s drivers’ license ; and 3) Copy of Guard’s high school diploma or equivalency certificate . 2.3.5 Replacement Security Guards a) Replacement Guards must: 1) Be approved by the Contract Monitor or his/her designee . 2) Be trained by the Contractor’s Project Manager. b) Meet the qualifications verification listed in Section 2.3.3 and be provided to the Contract Monitor or his/her designee before the replacement Guard performs Guard Services . 2.3.6 Training A. The Contract Monitor or his/her designee shall present an initial orientation of DHRIS to each Guard . The orientation will include: 1) Tour of the Site and grounds; 2) Location of fire, safety equipment, and alarms; 3) Use of an incident report; 4) Organization and mission of the Agency; 5) Post assignments; 6) Response procedures to emergencies, fire alarms, injured or sick persons, bomb threats, police assistance, other disasters; Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 5 of 68 7) Orientation to Agency programs; 8) Sign-In and Out proced ures. B. The Contractor shall be responsible to arrange and provide for all necessary or required job - related training on an ongoing and consistent basis for the term of the contract at no additional cost to DHRIS. The training should include the following su bjects: 1) Conduct on duty; 2) Appearance; 3) Uniforms and equipment; 4) Public relations; 5) Taking notes and notifying authorities; 6) Report writing; 7) Communication – Telephone, verbal, written; 8) Found property procedures; 9) Bomb threat procedures; 10) Security of elevators, pro ximity doors, alarms; 11) Fire and safety procedures; 12) First Aid and CPR; 13) Legal restriction on search and seizure; 14) Escort techniques; 15) Observation and description detention; 16) Terrorism and hostage situations; 17) Response to crime in progress; 18) State Rules, Procedures, Policies. C. All replacement Guards shall meet the same training requirements, and the Contractor shall be responsible to train new and replacement employees in the areas required. D. The Contract Monitor or his/her designee is authorized to inspect , monitor, and evaluate the training curriculum. The Contract Monitor or his/her designee may ask for a copy of the training curriculum at any time and the Contractor shall provide the training curriculum within five (5) business days. E. If training sessions are held during the week, it will be the Contractor’s responsibility to have a replacement Guard assigned to DHRIS during these training sessions at no additional cost to DHRIS. F. All formal security training required shall be administered by persons who ar e certified by the state of Maryland as being qualified to instruct or teach the specific or topic required. Certification to instruct the specific subject shall be in the form of a certificate issued by an accredited institution recognized by the State of Maryland, or by documentation that the person instructing has sufficient experience in/with the subject to be able to instruct in an authoritative, practical and current manner. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 6 of 68 G. Report of training completion and score of the test given must be in the form of a written report upon the completion of all required training, and shall be submitted by the Contractor to the Contract Monitor or his/her designee . 2.3.7 Guard Duties All Guards assigned to this Contract shall follow duties that shall include, but are not l imited to the following: A. Operate and enforce a system of security check point to all visitors at the entrance doors of DHRIS, to include the checking of handbags, packages, etc B. Follow the procedure of ensuring that all employees who have left or lost their badges will be subject to security screening procedures. Once employee has been successfully screened through security, they must sign in and then contact their immediate supervisor to be escorted to designated working area. If immediate supervisor is not available next level of supervision must be contacted. Additionally, there will be no separate lines for employee(s) who forgot/lost their badge; employee(s) must adhere to the security check point line formation when entering the building C. Permit only aut horized persons to enter DHRIS controlled access areas . D. Guard the premises against fire, theft, pilferage, malicious injury, damage and destruction. E. Make interior and exterior perimeter checks at minimum every two (2) hours for fires, unauthorized persons, mechanical system alarms, secured doors, unnecessary lights, and other things as specified by the Contract Monitor or his/her designee . F. Report in writing any unusual occurrences and/or incidents that happen during the course of duty by way of an Incident Report (Appendix 3 ). This report must be completed immediately following an incident. The original report shall be given to the Contract Administrator . G. Assure no unauthorized person or person(s) are in the building at the beginning of the shift and prior to close of shift. If customers are still in the building at the end of the shift, the Guard shall remain until the last customer has left the building. H. Participate in scheduled disaster and fire drills in accordance with the agency’s established evacuation plan. I. Patrol parking areas, state car compound, and grounds to prevent theft and vandalism to vehicles and property. J. Escort staff, visitors, and custo mers to and from cars in the parking lot during darkness or when requested. K. Be issued building access card and keys to the front door. The keys will remain behind the front desk in the designated area aside from when the keys are in use . The Guard will sig n a document that states that he/she has received the building access card and the Guard must return the building access card since it is State property. L. The Guard shall be given cipher lock codes. M. The Guard shall notify the Baltimore County Police Departm ent (Essex Precinct) and the Contract Monitor or his/her designee in case of theft, vandalism, unauthorized entry, unsuccessful de -escalating situations, or any other crime. The Guard shall write an Incident Report (Appendix 3 ) and present it to the Contr act Administrator , the Chief Information Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 7 of 68 Officer (CIO) or his/her designee through their Project Manager no later than the next business morning. N. The Guard shall write and submit Incident Reports (Appendix 3 ) to the Contract Monitor or his/her designee for the following, but not limited to: Threats, Fire, Maintenance, Suspicious activity, Potential Safety Hazard, Verbal Abuse, Assault, Unusual Activity, etc. O. Direct service workers, delivery persons, and others to the correct entry and procedures. P. If and when necessary, inform all employees, customers and visitors of the State’s no smoking regulations as per the Governor’s Executive Order of 1992. Q. Log in all visitors by name, purpose of visit, name of employee whom they are visiting, and issue a temporary badge for the date of the visit. The individual being visited shall be notified of the visitor’s presence and instructed to escort the visitor to their destination. R. Upon arriving to work, the Guard will sign in. The Guard will sign out at the end of the s hift. S. Guards shall instruct customers to be seated in the waiting area in a quiet and orderly manner while waiting to be seen. At no time while on duty will the Guard leave the Agency unattended. The Contractor Project Manager and the Contract Monitor or his/her designee must be notified if a Guard has to leave the Agency while on duty and must stay at the Agency until a replacement Guard has arrived. T. When requesting leave, the Guard must notify the Contractor Project Manager and the Contract Monitor as early in advance as possible so that that Contractor can find a replacement Guard . The Guard must notify the Contractor Project Manager and Contract Monitor or his/her designee immediately in the event of an unscheduled absence so that the Contractor can find a replacement Guard . U. Show p oliteness and courtesy to customers and employees at all times. Effective customer service is the Agency’s primary goal. 2.3.8 Guards Shall Not A. Carry any weapons s uch as guns, knives, mace, nightsticks, tasers, etc. B. Leave the facility unattended. C. Bring their children, grandchildren, relatives or pets to work with them or to babysit them during their shift. D. Have visitors during their shift. E. Fraternize with customers, staff, and other Guard s while on duty. F. Have congregating at the security desk. G. Use force except to defend themselves or others when in immediate danger. H. Make verbal or written statements regarding incidents, situations, or circumstances at the DHRIS facility. The exception is when logging an Incident Report (Appendix 3 ) as required elsewhere in these specifications. I. Engage in any unauthorized investigative or detective work. J. Surrender keys to any unauthorized individual without the prior approval of the Contract Monitor or his/her designee . K. Disclose elevator codes, door cipher codes, access card, nor any other security codes of the DHRIS facility. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 8 of 68 L. Remove keys, supplies, furniture, or equipment from the DHRIS facility. M. Make personal telephone calls unless u nder extreme emergency situations consistent with the Agency’s telephone policy or use any computer, personal or DHRIS related without the express permission of the Contract Monitor or his/her designee . N. Eat or drink while on duty, except during breaks or specified lunch times; such exceptions will be confined to the employee’s lunch room. O. Smoke or chew tobacco in any area of the building while on duty or off duty. P. Engage in loud or boisterous behavior. Q. Be under the influence of alcohol or drugs (grounds fo r immediate termination). R. Participant in any form of gambling. S. Sleep while on duty. T. Confiscate any money inadvertently left in the Agency or on the Agency grounds. U. Permit customers or staff members to sit at the security desk with the Guard . V. Soliciting on State property is prohibited. W. Make any arrests or detentions of individuals. X. Sign a complaint on behalf of any State agency or State employee. Y. Request the towing of any vehicle without consent from the Contract Monitor or his/her designee . 2.3.9 Guard Equipment The Contractor shall issue and pay for equipment as specified below for all Guard s while on duty: a) Flashlights and all replacement batteries. b) Other equipment as may be agreed upon as part of the terms of this contract. c) DHRIS may provide metal detection equ ipment at which time shall be used to screen customers and to perform person and property inspections according to local standard operating procedures. 2.3.10 Guard Appearance and Uniforms a) Guards must be clean and properly groomed with an acceptable haircut, sim ilar to police department standards, with any facial hair neatly trimmed and hair pulled away from the face. b) The Contractor shall provide the security Guard ’s uniform . Guar ds shall arrive ready for duty and completely outfitted. c) At a minimum, Guard s shall be provided with the following clothing: 1) 3 Pair of Uniform Pants 2) 3 Short -Sleeved Uniform Shirts 3) 3 Long -Sleeved Uniform Shirts 4) 1 Outer Garment (Winter Coat or Spring Jacket) Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 9 of 68 d) Guards must be issued and wear uniforms bearing insignia and/or name of the securit y Guard company which is clearly visible to the public while on duty. e) Guards must be issued and wear name plates/tags with their names clearly printed and visible to the public while on duty. f) Shoes must be black and in good condition and polished. 2.3.11 Guard Uniform Expense The Contractor shall pay the cost, maintenance, and upkeep of uniforms; and cannot pass those costs to the employee (as a deduction from wages) unless the employee has expressly agreed to the deduction in writing in accordance with the Labo r and Employment Article, § 3 -503, Annotated Code of Maryland. 2.3.12 Guard Logs A. The Contractor shall provide a logbook for the Guard to make daily shift entries of all activities and special notes. This logbook is to be reviewed and initialed weekly by the Contr act Monitor or his/her designee . B. Guard shall sign in and out in the logbook. At the beginning of each shift, all Guard s’ shall prepare the Guard s log by assigning that day’s date, print and sign his/her name. C. All entries in the Guard s log shall be printed or written legibly. Any falsification of information written or printed in the log is grounds for denying payment to the successful bidder, and/or possible termination of the contract. D. All incidents must be reported in this log and provided to the Contract Monitor or his/her designee by the start of the next morning’s shift. E. At the conclusion of each shift, Guard shall leave the log at their assigned desk for review by the Contract Monitor or his/her designee . 2.3.13 Assignment of Guards A. The Contractor must assign the same guard to the same shift on the same days of the week. This will ensure continuity for staff and the operation. B. Replacement Guards must have prior clearance and be trained in all aspects of required duties as described in Section 2.3.6. A summary of all possible replacement Guards shall be submitted to the Contract Monitor in advance of the assignment of said replacement. C. It shall be the Contractor’s responsibility to assign a replacement Guard who carries the same certifications as the assigned Guard if the regular Guard cannot report to DHRIS for work. No Guard can leave their post until properly relieved of their duties. D. The Contractor shall at no time furnish Guard s who have not met minimum qualifications and training as required by the contract. E. All Guard s must be punctual and have a good attendance record. Guards who are constantly tardy and who have a record of unscheduled absences will not be allowed to continue to work under this contract at DHRIS . F. The Contractor must furnish a quali fied replacement Guard within two (2) hours if assigned Guard is absent for any reason. Failure to provide security will result in the contractor being held liable for costs incurred by the Agency to obtain security. Upon request by the Contract Monitor or his/her designee , the contractor agrees to remove any Guard who, in the opinion of DHRIS , is undesirable to perform Guard service under this contract. The contractor must Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 10 of 68 furnish a qualified replacement Guard immediately. Failure to replace the Guard within two (2) hours of the request will be grounds for denying payment to the contractor for the period in question. 2.3.14 Procedures f or Security and Background Checks A. The Contractor must obtain background checks for personnel applying for the Guard position . The results of the background checks must be forwarded to the Contract Monitor or his/her designee . B. Background checks are required for all security Guard s assigned to DHRIS . In order to allow the Contractor sufficient opportunity to obtain Maryland State Pol ice, NCIC, and FBI criminal background checks; proposed Guard s will be allowed to work on site for up to ninety (90) days pending satisfactory receipt of background checks . In general, prospective Guard s with criminal records and/or probation will not be acceptable for work at DHRIS . C. Pursuant to Title 19, Subtitle 4 of Maryland Code, Business Occupations and Professions Article the Guard shall be either: (1) certified as a security guard by the Secretary of the State of Police; or (2) meet one of the excep tions to security guard certification under Maryland Law. Each security Guard provided under this Contract shall be either: (1) certified as a security guard by the Secretary of the State of Police; or (2) meet one of the exceptions to security guard certi fication under Maryland Law. Two Exceptions: 1) First, a licensed security guard agency may provide an uncertified individual if the security guard agency has submitted the application, fingerprint cards, and records fee for the individual’s certifications; and the Secretary of State Police has not disapproved the application. 2) Second, if the security guard is currently certified by the Maryland Police and Corrections Training Commission as a police officer, the security guard is not required to also be certif ied as a security guard. 2.3.15 Guard Wages The Contractor must pay the Guard a minimum of $13.39 per hour. In the event the Living Wage rate for Tier 1 is increased during the contract period, the rate paid to employees shall be increased to meet or exceed that Living Wage, See Title 18, State Finance and Procurement Article, Annotated Code of Maryland. Increase in any state or federal wage rates may not be passed onto the agency or the State of Maryland and is the sole responsibility of the Contractor. 2.3.16 Respons ibility for Keys It is the responsibility of the Contractor and his/her employees to ensure the safe keeping of all keys that have been assigned to them. In the event that any assigned key is lost or stolen, the contractor is responsible for any cost asso ciated with re -keying or replacement of the locks involved. Any lost or stolen key will be reported to the Contract Monitor or his/her designee immediately, in writing and verbally. 2.3.17 Changes to Scope o f Work A. Any change to the scope of this contract require s pre -authorization in writing by the Contract Monitor . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 11 of 68 B. The Contract Monitor , at any time, may change the scope of work of the Contract by written contract modification. On the designated effective date, the Contractor shall make the required changes in hi s operations. C. Upon receiving notice of the change, the Contractor ’s monthly invoice will be adjusted to reflect the value of the change in services under this contract. 2.3.18 Termination A. DHRIS reserves the right to cancel this contract if funds are not appropria ted or otherwise made available to support the continuation of this contract. The State shall have the right to terminate this contract and the Contractor is not entitled to recover any costs not incurred prior to termination. However, this does not affec t either the State's or the Contractor's rights under any other termination clause in the contract. B. Contractor will receive 30 days written notice from the Procurement Officer of any cancellation of this contract. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 12 of 68 3 Contractor Requirements: General 3.1 Contract Initiation Requirements There are no Contract Initiation Requirements for this agreement 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 30 days prior to Contract end date, or the termination thereof . Such tran sition 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 ; c) Provide u pdated System Documentation (see Appendix 1) , as appropriate ; and d) 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 C ontract Monitor may provide the Contractor with additional instr uctions 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 transferre d to the custody of State personnel or a third party, as directed by the Contract Monitor. 3.2.4 The Contractor shall support end -of-Contract transition efforts with technical and project support to include but not be limited to: a) The Contractor shall provide a draft Transition -Out Plan 60 Business Days in advance of Contract end date. The Transition -Out Plan shall address at a minimum the following areas: 1) Any staffing concerns/issues related to the closeout of the Contract ; 2) Communi cations and reporting process between the Contractor, the Department and the Contract Monitor; 3) Security and system access review and closeout ; 4) Any hardware/software inventory or licensing including transfer of any point of contact for required software lic enses to the Department or a his/her designee ; 5) Any final training/orientation of Department staff; 6) Connectivity services provided, activities and approximate timelines required for Transition -Out; 7) Knowledge transfer, to include: a) A working knowledge of the current system environments; b) Review with the Department the procedures and practices that support the business process and current system environments; c) Working knowledge of all technical and functional matters associated with the solution, its architecture , data file structure, interfaces, any batch Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 13 of 68 programs, and any hardware or software tools utilized in the performance of the Contract ; d) Documentation that lists and describes all hardware and software tools utilized in the performance of the Contract ; 8) Plans to complete tasks and any unfinished work items (including open change requests, and known bug/issues); and 9) Any risk factors with the timing and the Transition -Out schedule and transition process . The Contractor shall document any risk factors and suggest ed solutions. The Contractor shall ensure all documentation and data including, but not limited to, System Documentation and current operating procedures, is current and complete with a hard and soft copy in a format prescribed by the Contract Monitor. The Contractor shall provide copies of any current daily and weekly back -ups to the Department or a third party as directed by the Contract Monitor as of the final date of transition, but no later than the final date of the Contract . Access to any data or configurations of the furnished product and services shall be available after the expiration of the Contract as described in Section 3.2.5 . 3.2.5 Return and Maintenance of State Data a) Upon termination or the expiration of the Contract Term, the Contractor shall: (a) return to the State all State data in either the form it was provided to the Contractor or in a mutually agreed format along with the schema necessary to read such data; (b) preserve, maintain, and protect all State data until the earlier of a directi on by the State to delete such data or the expiration of 90 days (“the retention period”) from the date of termination or expiration of the Contract term; (c) after the retention period, the Contractor shall securely dispose of and permanently delete all S tate data in all of its forms, such as disk, CD/DVD, backup tape and paper such that it is not recoverable, according to National Institute of Standards and Technology ( NIST )-approved methods with certificates of destruction to be provided to the State; an d (d) prepare an accurate accounting from which the State may reconcile all outstanding accounts. The final monthly invoice for the services provided hereunder shall include all charges for the 90-day data retention period. b) During any period of service sus pension, the Contractor shall maintain all State data in its then existing form , unless otherwise directed in writing by the Contract Monitor . c) In addition to the foregoing, the State shall be entitled to any post -termination/expiration assistance generally made available by Contractor with respect to the services. 3.3 Invoicing 3.3.1 General a) The Contractor shall send OR e-mail the original of each invoice and signed invoice to the Contract Monitor , DHRIS Facilities Manager and OTHS Budget . 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 considered a Proper Invoice, invoices must include the following information, without error: 1) Contractor name and address; Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 14 of 68 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 b y invoice were performed); 5) Invoice date; 6) Invoice number; 7) State assigned Contract number; 8) State assigned (Blanket) Purchase Order number(s); 9) Goods or services provided; 10) Amount due; and 11) Any additional documentation required by regulation or the Contract. Invoices that contain both fixed price and time and material items shall clearly identify each item as either fixed price or time and material billing. The Department reserves the right to reduce or withhold Contract payment in the event the Contractor does n ot provide the Department with all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract . Any action on the part of the Department , 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 , however, is not exempt from such sales and use taxes and may be liable for the same. Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract . In no event shall any invoice be submitted later than 60 calendar days from the Contract termination da te. 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 one -time pricing (see Attachment B –Bid Form ) those items shall be billed in the month following the accept ance of the work by the Department . b) 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 Time Sheet Reporting Within three (3) Business Days after the 15th and last day of the month, the Contractor shall submit a semi -monthly timesheet for the preceding half month providing data for all Contractor Personnel / employees / resources working under the Contract . At a minimum, each semi -monthly timesheet shall show: 1) Title: “Time Sheet for Guard Services at DHRIS 2) Issuing company name, address, and telephone number ; 3) For each Contractor employee /resource: a) Contractor e mployee / resource name , and Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 15 of 68 b) For each period ending date, e.g., “Period Ending: mm/dd/yyyy” (Periods run 1st through 15 th, and 16th through last day of the month .): i) Tasks completed that week and the associated deliverable names and ID#s ; ii) Number of hours worked each day ; iii) Total num ber of hours worked that Period ; iv) Period variance above or below 40 hours ; v) Annual number of hours planned under the Task Order ; vi) Annual number of hours worked to date ; and vii) Balance of hours remaining ; 4) Annual variance to date (Sum of periodic variances) ; and 5) Signature and date lines for the Contract Monitor . Time sheets shall be submitted to the Contract Monitor prior to invoicing. The Contract Monitor shall sign the timesheet to indicate authorization to invoice. 3.3.4 For the purposes of the Contract an amount wi ll 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 Contractor 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 Contra ct 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 conditions 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 provis ions. 3.3.5 Travel Reimbursement Travel will not be reimbursed under this IFB. 3.4 Liquidated Damages 3.4.1 MBE Liquidated Damages THIS SECTION IS INAPPLICABLE TO THIS IFB. 3.4.2 Liquidated Damages other than MBE THIS SECTION IS INAPPLICABLE TO THIS IFB. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 16 of 68 3.5 Disaster Recovery and Data The following requirements apply to the Contract: 3.5.1 Redundancy, Data Backup and Disaster Recovery a) Unless specified otherwise in the IFB, Contractor shall maintain or cause to be maintained disaster avoidance procedures designed to safeguard State data and other confidential information, Contractor’s processing capability and the availability of hosted services, in each case throughout the Contract term . Any force majeure provisions of the Contract do not limit the Contractor’s obligations under thi s provision. b) The Contractor shall have robust contingency and disaster recovery ( DR) plans in place to ensure that the services provided under the Contract will be maintained in the event of disruption to the Contractor/subcontractor’s operations (includin g, but not limited to, disruption to information technology systems), however caused. 1) The Contractor shall furnish a DR site. 2) The DR site shall be at least 100 miles from the primary operations site, and have the capacity to take over complete production volume in case the primary site becomes unresponsive. c) The contingency and DR plans must be designed to ensure that services under the Contract are restored after a disruption within twenty -four (24) hours from notification and a recovery point objective of one (1) hour or less prior to the outage in order to avoid unacceptable consequences due to the unavailability of services. d) The Contractor shall test the contingency/DR plans at least twice annually to identify any changes that need to be made to the plan (s) to ensure a minimum interruption of service . Coordination shall be made with the State to ensure limited system downtime when testing is conducted . At least one (1) annual test shall include backup media restoration and failover/fallback operations at the DR location. The Contractor shall send the Contract Monitor a notice of completion following completion of DR testing. e) Such contingency and DR plans shall be available for the Department to inspect and practically test at any reasonable time, and subject to regular updating, revising, and testing throughout the term of the Contract. 3.5.2 Data Export /Import a) The Contractor shall, at no additional cost or charge to the State, in an industry stan dard/non - proprietary format: 1) perform a full or partial import/export of State data within 24 hours of a request; or 2) provide to the State the ability to import/export data at will and provide the State with any access and instructions which are needed for t he State to import or export data. b) Any import or export shall be in a secure format per the Security Requirements. 3.6 Insurance Requirements The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements esta blished by law if higher, for the duration of the Contract, including option periods, if exercised: 3.6.1 The following type(s) of insurance and minimum amount(s) of coverage are required: Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 17 of 68 a) Commercial General Liability - of $1,000,000 combined single limit per oc currence for bodily injury, property damage, and personal and advertising injury and $3,000,000 annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies. b) Errors and Om issions/Professional Liability - $1,000,000 per combined single limit per claim and $3,000,000 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 sing le loss retention not to exceed $10,000 . The State of Maryland and the Department 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 Lo ngshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act , to not be less than . one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed. e) Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non -owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland. 3.6.2 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. 3.6.3 All insurance policies shall be endorsed to include a clause requiring the insuranc e carrier provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non - renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are cancelled or not renewed wi thin five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect. 3.6.4 Any insur ance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State. 3.6.5 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 multi -year contracts , the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor. 3.6.6 The C ontractor 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. 3.7 Security Requirements The following requirements are applic able to the Contract: 3.7.1 Employee Identification Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 18 of 68 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 add itional 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) Contractor shall remove any Contr actor 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. d) The State reserves the right to request that the Contractor submit proo f of employment authorization of non -United States Citizens, prior to commencement of work under the Contract . 3.7.2 Security Clearance / Criminal Background Check a) A criminal background check for each for any Contractor Personnel providing Guard Services shall be completed within three (3) months of Contract award. b) 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 l isted in sub -paragraph A . This check may be performed by a public or private entity. c) The Contractor shall provide certification to the Department that the Contractor has completed the required criminal background check described in this IFB for each requir ed Contractor Personnel prior to assignment, and that the Contractor Personnel have successfully passed this check. d) Persons with a criminal record may not perform services under the Contract unless prior written approval is obtained from the Contract Monit or. 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 Contr actor Personnel to work on State premises, based upon certain specified criminal convictions, as specified by the State. 3.7.3 On-Site Security Requirement(s) THIS SECTION IS INAPPLICABLE TO THIS IFB. 3.7.4 Information Technology THIS SECTION IS INAPPLICABLE TO THIS IFB. 3.8 Problem Escalation Procedure 3.8.1 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. 3.8.2 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. 3.8.3 The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier . The PEP, Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 19 of 68 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 organiz ation who would become involved in resolving a problem; c) For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in t he Contractor’s PEP; d) Expedited escalation procedures and any circumstances that would trigger expediting them; e) The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State; 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. 3.8.4 Nothing in this section shall b e construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law. 3.9 SOC 2 Type 2 Audit Report A SOC 2 Type 2 Report is not a Contractor requirement for this Contract. 3.10 Minority Business Enterprise (MBE) Reports This solicitation does not include an MBE Goal . 3.11 Veteran Small Business Enterprise ( VSBE ) Reports This solicitation does not include a VSBE Goal . 3.12 Work Orders THIS SECTION IS INAPPLICABLE TO THIS IFB. 3.13 Additional Clauses 3.13.1 No-Cost Extensions In accordance with BPW Advisory 1995 -1 item 7.b , in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a pe riod up to, but not exceeding, one -third of the base term of the Contract (e.g., eight -month extension on a two -year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 20 of 68 4 Procurement Instructions 4.1 Pre-Bid Conference 4.1.1 A pre-Bid 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 mandatory . If the solicitation includes an MBE goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request. 4.1.3 Following the Conference, the attendance record and summa ry 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 assur e 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 othe r special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. The Department will make a reasonable effort to provide such special accommodation. 4.1.6 A site visit has been pre-scheduled for November 12, 2019, beginning at 1:00 p.m. Local Time, at the DHRIS building located at 1100 Eastern Boulevard, Essex, MD 21221 . All prospective Bidder s are encouraged to attend in order to facilitate better preparation of their Bids. 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 i nformation 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 “Register” to beg in the process, and then follow the prompts. 4.3 Questions 4.3.1 All questions , including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title , and shall be submitted in writing via e-mail to the Procurement Officer at least five (5) days prior to the Bid due . 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 are 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 verb ally or in writing, are not binding on the Department unless it issues an amendment in writing. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 21 of 68 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 or 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 Informati on 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 recei ved 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 Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for bid opening. Before Bid opening, the State may not disclose the identity of any Bidder. 4.7.2 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 Bi ds / 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 s uch 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, Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 22 of 68 except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public inspection of the non -confidential portion of t he Bid, including the Total Bid Price. 4.8.3 For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. Nondisclosure is permissible only if approved by the Office of the Attorney General. 4.9 Award Basis 4.9.1 A Contract shall be awarded to the responsible Bidder (s) submitting a responsive Bid with the most favorable bid price or most favorable evaluated bi d price (as referenced in COMAR 21.05.02.13) for providing 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 following 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 irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved . This period may be extended at the Proc urement Officer’s request only with the Bidder ’s written agreement. 4.12 Revisions to the IFB 4.12.1 If the IFB is revised before the due date for Bids, the Department shall post any addenda to the IFB on eMMA and shall endeavor to provide such addenda to all prospect ive Bidder s that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It remains the responsibility of all prospective 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 m ay cause the Bid to be deemed not re sponsive . 4.13 Cancellations 4.13.1 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 23 of 68 4.13.2 In the event a government entity proposes and receives the recommendation for award, the procurement may be cancelled and the award processed in accordance with COMAR 21.01.03.01.A(4). 4.13.3 If the services that are the subject of the IFB are currently being pro vided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be cancelled in accordance w ith 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 ab le to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation. 4.16.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) 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, letters of credit) used to meet minimum qualifications, if a ny, shall pertain exclusively to the Bidder , unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder ’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organiz ation, 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 qualificat ions 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 pa rent’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, atta ched 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. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 24 of 68 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 Affidav it 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 of Assessments and Taxation), a busi ness 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 due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award. 4.21 Verification of Registration and Tax Payment Before a business entity can do business in the State , it must be regist ered with the State Department of Assessments and Taxation (SDAT) . SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201 . For registration information, visit https:// www. egov.maryland.gov/businessexpress . It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder ’s failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award. 4.22 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 will fully: 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 fa ct. 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 exce eding 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: Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 25 of 68 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 Comptroller’s Office for approval at the address specified on the COT/GAD X -10 form, must include the business identification information as stated on the form, and must include the reason for the exemption . The COT/GAD X-10 form may be downloaded from the Comptroller’s website at : http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GAD X10Form20150615.pdf . 4.24 Prompt Payment Policy This procurement and the Contract (s) to be awarded pursuant to this solicitation are subjec t 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 T itle 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 C ontract , 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 2 1.03.05, 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., Maryland 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 means 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 au thorized 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 conducti ng 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 c onducted by electronic means 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 ; Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 26 of 68 3) Pre-Bid conference documents ; 4) Questions and responses ; 5) Communications regarding the solicitation 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: 1) Ask questions regarding the solicitation ; 2) 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; 3) 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 Contract 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 any Contract awarded pursuant to it are not authorized to be conducted by electronic means: a) Filing of bid protests; b) Filing of Contract claims; c) Submission of documents determined by the Department to require original signatures (e.g., Contract execution, Contract modifications ); or d) Any transaction, submission, or c ommunication where the Procurement Officer has specifically directed that a response from the Contractor or Bidder be provided in writing or hard copy. 4.25.6 Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail addresses fo r the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor . 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 conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article , § 18 -101 et al. The Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 27 of 68 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, di squalification by the State from participating in State contracts, and other sanctions . Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state .md.us/labor/prev/livingwage.shtml . Additional information regarding the State’s living wage requirement is contained in Attachment F. Bidder s must complete 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 maj ority of services take place in a Tier 1 Area or Tier 2 Area of the State . a) The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not include d 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 ba sed upon where the recipients of the services are located. If the Contractor provides more than 50% of the services from an out -of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, the Contract will be determined to be a Tier (enter “1” or “2,” depending on where the majority of the service recipients are located) Contract. b) The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder must identify in its Bid the location(s) from which services will be provi ded, including the location(s) from which 50% or more of the Contract services will be provided. c) If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract. d) If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the Contract will be a Tier 2 Contract. If the Contractor provides more than 50% of the services from an out -of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. See COMAR 21.11.10.07. The Bidder shall identify in the Bid the location from which services will be provided. NOTE : Whereas the Living Wage may change annually, the Contract price will not change because of a Living Wage change . The Contractor shall be responsible for any wage/rate increase during the term of the Contract and such increase may not be passed on to the State. The Contractor must pay the Guard in accordance with the Maryland L iving Wage Law. In the event the Living Wage rate for Tier 1 is increased during the contract period, the rate paid to employees shall be increased to meet or exceed that Living Wage, See Title 18, State Finance and Procurement Article, Annotated Code of Maryland. Increase in any state or federal wage rates may not be passed onto the agency or the State of Maryland and is the sole responsibility of the Contractor. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 28 of 68 4.29 Federal Funding Acknowledgement This Contract does not contain federal funds. 4.30 Conflict of In terest 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 construe d as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A. 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, o r the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or ind irectly, 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 4.31.1 Non-Disclosure Agreement ( Bidder ) 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 Nonvisual Access This solicitation does not contain Information Technology (IT) provisi ons requiring Nonvisual Access. 4.34 Mercury and Products That Contain Mercury This solicitation does not include the procurement of products known to likely include mercury as a component. 4.35 Location of the Performance of Services Disclosure This solicitation do es 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 be provided within five (5) Business Days of notification of recommended award. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 29 of 68 4.37 Small Business Reserve (SBR) Procurement 4.37.1 This i s a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14 -501—14-505, Annotated Code of Maryland , and that are certified by GOSBA Small Business Reserve Program are eligible for award of a contract. 4.37.2 For the purposes of a Small Business Reserve Procurement , a small business is a for -profit business, other than a broker, that meets the following criter ia: a) It is independently owned and operated; b) It is not a subsidiary of another business; c) It is not dominant in its field of operation; and 1) With respect to employees , in its most recently completed three (3) fiscal years : a) Its wholesale operations did not emp loy more than 50 persons; b) Its retail operations did not employ more than 25 persons; c) Its manufacturing operations did not employ more than 100 persons; d) Its service operations did not employ more than 100 persons; e) Its construction operations did not employ more than 50 persons; and f) The architectural and engineering services of the business did not employ more than 100 persons ; and 2) With respect to gross sales , in its most recently completed three (3) fiscal years : a) The gross sales of its wholesale operations did not exceed an average of $4,000,000; b) The gross sales of its retail operations did not exceed an average of $3,000,000; c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000; d) The gross sales of its service operations di d not exceed an average of $10,000,000; e) The gross sales of its construction operations did not exceed an average of $7,000,000; and f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000. d) Note: If a business has not existed for three ( 3) years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence. e) Further information on the certification process is ava ilable at eMaryland Marketplace Advantage . 4.37.3 Ineligible Bids. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract. 4.37.4 Before awarding a contract under a procurement designated as a small bus iness reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 30 of 68 Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified. 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/paidle ave/. THE REMAINDER OF THI S PAGE IS INTENTIONA LLY LEFT BLANK. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 31 of 68 5 Bid Format 5.1 One Part Submission Each Bidder shall submit 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 rejected by the Department . 5.4 Required Bid Submission A Bidder shall include the following with its Bid: 5.4.1 Bidder Information Sheet (see Appendix 2 ) 5.4.2 Acknowledgement of all addenda to this IFB. 5.4.3 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 . 5.4.4 The Qualification Verification document ation listed in Section 2.3.4. 5.4.5 Completed Required Attachments . Submit one (1) cop y with original signatures: 1) Completed Bid Form (Attachment B ). 2) Completed Bid Affidavit ( Attachment C ). 3) Completed Maryland Living Wage Requirements Affidavit of Agreement (Attachment F -1). 5.4.6 Additional Document * If Required . Submit one (1 ) cop y of each with original signatures, if required. *See appro priate IFB section to determine whether the document is required for this procurement. 1) A Signed Statement from the Bidder’s Parent Organization Guaranteeing Performance of the Bidder. * see IFB section 4.16 (If required) 2) Completed Federal Funds Attachment (Attachment G ) *see IFB section 4.29 3) Completed Conflict of Interest Affidavit and Disclosure ( Attachment H ) *see IFB section 4.30 5.4.7 References . At least two (2) references on the company’s letterhead p roviding the reference are requested from customers who are capable of documenting the Bidder ’s ability to provide Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 32 of 68 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 referen ce 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 on the company providing the reference letterhead : 1) Name of client organization; 2) Name, title, telephon e 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 Department reserves the right to request additional references or utilize references not provided by the Bidder. Points of contact must be accessible and knowledgeable regarding Bidder performance. 5.4.8 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 provid ed; 3) The dollar value of the contract; 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 origina l contract, including whether any available 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 cons idered as part of the experience and past performance evaluation criteria of the IFB. 5.4.9 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 mor e of the following with its response: 1) Dun & Bradstreet Rating; 2) Standard and Poor’s Rating; 3) Lines of credit; 4) Evidence of a successful financial track record; and 5) Evidence of adequate working capital. 5.4.10 Certificate o f Insurance. The Bidder shall provide a cop y of its current certificate of insurance showing the types and limits of insurance in effect as of the Bid submission date . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 33 of 68 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 . 5.4.11 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. 5.4.12 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 documents shall be completed and submitted by the recommended awardee within five (5) business days, unless noted otherwise. Submit one (1) copies of each of the following documents: a) Signed contract ( Attachment M), b) Completed Contract Affidavit ( Attachment N), c) Completed MBE Attachment s D-2 and D-3A and B, within ten (10) Business days, if applicable; see IFB Section 4.26, Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 34 of 68 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. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 35 of 68 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 la w 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 recipr ocal 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 R ecommendation 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. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 36 of 68 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 paper submissions, submit one (1) copy 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 notificatio n 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, submit one (1) copies of each document within the appropriate number of days af ter 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 ) Y With Bid D 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 E Conflict of Interest Affidavit and Disclosure (see link at https://procurement.maryland.gov/wp - content/uploads/sites/12/2018/05/AttachmentH -Conflict - of-InterestAffidavit.pd f) Y 5 Business Days after recommended award – However, suggested with Bid F 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 G Sample Contract (included in this IFB) Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 37 of 68 Applies? When to Submit Label Attachment Name recommended award Y 5 Business Days after recommended award H Contract Affidavit (see link at http://procurement.maryland.gov/wp - content/uploads/sites/12/2018/04/Attachment -N- ContractAffidavit.pdf ) Y 5 Business Days after recommended award I 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 ) Y As needed 3 Incident Report Additional Submissions 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 Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 38 of 68 Attachment A. Pre-Bid Conference Response Form Solicitation Number OTHS/OTHS -20-024.S Unarmed Guard Services for the Department of Human Services Information Systems (DHRIS) Building A Pre -Bid conference will be held on Tuesday November 12, 2019 @ 1:00 pm , at the DHRIS building located at 1100 Eastern Boulevard, Essex, MD 21221 . Please return this form by Wednesday November 11, 2019 @ 10:00 am advising whether or not you r firm plans to attend. The completed form should be returned via e -mail to the Procurement Officer at the contact information below: Shirelle Green, Procurement Officer DHS E-mail: shirelle.green@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 Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 39 of 68 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 to 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 compl eting your Bid Form : A) All Unit and Extended Prices must be clearly entered in whole dollars e.g., $24. 00. 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 servic e identified in this IFB and may not be contingent on any other factor or condition in any manner. C) 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 Unit Price, if appropriate, and Extended Price with $0.00 . D) 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. E) 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 . F) It is imperative that th e 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 treate d as provided in COMAR 21.05.03.03 .F, and may cause the Bid to be rejected. G) 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 ter ms 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 . H) All Bid prices entered below are to be fully loaded prices that include al l costs/expenses associated with the 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 solicitation . 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. I) Unless indicated elsewhere in the IFB, sample amounts used f or calculations on the Bid Form are typically estimates for evaluation purposes only . Unless stated otherwise in the IFB, the Department does not guarantee a minimum or maximum number of units or usage in the performance of the Contract . J) Failure to adhere to any of these instructions may result in the Bid being determined not responsive . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 40 of 68 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 responsive . See separate Excel Bid Form labeled : Financial Proposal . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 41 of 68 Attachment C. Bid/Proposal Affidavit See link at http://procurement.maryland.gov/wp -content/uploads/sites/12/2018/04/AttachmentC - Bid_Proposal -Affidavit.pdf . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 42 of 68 Attachment D. 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. A. This contract is subject to the Living Wage requirements under Md. Co de Ann., State Finance and Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and Industry (Commissioner) . The Living Wage generally applies to a Contractor or subcontractor who performs work on a State contract for se rvices that is valued at $100,000 or more . An employee is subject to the Living Wage if he/she is at least 18 years old or will turn 18 during the duration of the contract; works at least 13 consecutive weeks on the State Contract and spends at least one -half of the employee’s time during any work week on the State Contract. B. The Living Wage Law does not apply to: (1) A Contractor who: (a) Has a State contract for services valued at less than $100,000, or (b) Employs 10 or fewer employees and has a State contract for services valued at less than $500,000. (2) A subcontractor who: (a) Performs work on a State contract for services valued at less than $100,000, (b) Employs 10 or fewer employees and performs work on a State contract for services valued at less than $500,000, or (c) Performs work for a Contractor not covered by the Living Wage Law as defined in B(1)(b) above, or B (3) or C below. (3) Service contracts for the following: (a) Services with a Public Service Company; (b) Services with a nonprofi t organization; (c) Services with an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement (“Unit”); or (d) Services between a Unit and a County or Baltimore City. C. If the Uni t responsible for the State contract for services determines that application of the Living Wage would conflict with any applicable Federal program, the Living Wage does not apply to the contract or program. D. A Contractor must not split or subdivide a St ate contract for services, pay an employee through a third party, or treat an employee as an independent Contractor or assign work to employees to avoid the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement Article, Titl e 18. E. Each Contractor/ subcontractor , subject to the Living Wage Law, shall post in a prominent and easily accessible place at the work site(s) of covered employees a notice of the Living Wage Rates, employee rights under the law, and the name, address, and telephone number of the Commissioner. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 43 of 68 F. The Commissioner shall adjust the wage rates by the annual average increase or decrease, if any, in the Consumer Price Index for all urban consumers for the Washington/Baltimore metropolitan area, or any success or index, for the previous calendar year, not later than 90 days after the start of each fiscal year . The Commissioner shall publish any adjustments to the wage rates on the Division of Labor and Industry’s website . An employer subject to the Living Wage L aw must comply with the rate requirements during the initial term of the contract and all subsequent renewal periods, including any increases in the wage rate, required by the Commissioner, automatically upon the effective date of the revised wage rate. G. A Contractor/ subcontractor who reduces the wages paid to an employee based on the employer’s share of the health insurance premium, as provided in Md. Code Ann., State Finance and Procurement Article, §18 -103(c), shall not lower an employee’s wage rate be low the minimum wage as set in Md. Code Ann., Labor and Employment Article, §3 -413. A Contractor/ subcontractor who reduces the wages paid to an employee based on the employer’s share of health insurance premium shall comply with any record reporting requir ements established by the Commissioner. H. A Contractor/ subcontractor may reduce the wage rates paid under Md. Code Ann., State Finance and Procurement Article, §18 -103(a), by no more than 50 cents of the hourly cost of the employer’s contribution to an em ployee’s deferred compensation plan . A Contractor/ subcontractor who reduces the wages paid to an employee based on the employer’s contribution to an employee’s deferred compensation plan shall not lower the employee’s wage rate below the minimum wage as se t in Md. Code Ann., Labor and Employment Article, §3 -413. I. Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the Commissioner determines that the Contractor/ subcontractor violated a provision of this title or regulations of the Commissioner, the Contractor/ subcontractor shall pay restitution to each affected employee, and the State may assess liquidated damages of $20 per day for each employee paid less than the Living Wag e. J. Information pertaining to reporting obligations may be found by going to the Division of Labor and Industry website http://www.dllr.state.md.us/labor/prev/livingwage.shmtl and clic king on Living Wage for State Service Contracts. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 44 of 68 Attachment E. Conflict of Interest Affidavit and Disclosure See link at https://procuremen t.maryland.gov/wp -content/uploads/sites/12/2018/05/AttachmentH - Conflict -of-InterestAffidavit.pdf . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 45 of 68 Attachment F. Non-Disclosure Agreement (Contractor) This solicitation does not require a Non -Disclosure Agreement. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 46 of 68 Attachment G. Contract DEPARTMENT OF HUMAN SERVICES (DHS ) “Unarmed Guard Services for the Department of Human Resources Information Systems (DHRIS) Building ” MDDGS3100**** THIS CONTRACT (the “Contract”) is made this ____ day of _______________, 20_ __ by and between ________________ (t he “Contractor”) 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 parti es, 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 entity 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 Unarmed Guard Services for the Department of Human Resources Information Systems (DHRIS) Building , Solicitation # MDDGS3100**** , 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 th is Contract and Exhibits A -D, which are listed below and incorporated 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: Exhibit A – The IFB Exhibit B – The Contract Affidavit, executed by the Contractor and dated (date of Attachment C) Exhibit C – The Bid Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 47 of 68 2.2 The Procurement Officer may, at any time, by written o rder, 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 any 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 orde r, 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 agreemen t 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 following 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 In its sole discretion, the Department shall have the unilateral right to extend the Contract for two, successive one-year renewal options (each a “Renewal Term”) at the prices established in the Contract. “Term” means the Initial Term and any Rene wal Term(s ). 3.3. The Contractor’s performance under the Contract shall commence as of the date provided in a written NTP. 3.4 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 t he 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 u nauthorized, 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: Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 48 of 68 (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 interes t accrued; and (2) A contract claim has not been filed under State Finance and 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 interest. 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 pursuant 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 remedie s, if, in the opinion of the Procurement Officer, the Contractor fails to perform 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 o r 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 Record s 5.1 The Contractor agrees that all documents and materials including, but not limited to, software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations, and data prepared b y 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 Con tract shall be “works made for hire” as that term is interpreted under U.S. copyright 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 assi gnments. 5.3 The Contractor shall report to the Contract Monitor, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all data delivered under this Contract. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 49 of 68 5.4 The Contractor shall not affix any restrictive markings upon any data, documentation, or other materials 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. 5.5 Upon t ermination 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, documents, 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 an y material, including software, is capable of being copyrighted, the State shall 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 se t forth in this Contract, Contractor shall not use, sell, sub -lease, assign, give, 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, exce pt as provided for in Sectio n 8. Confidential or Proprietary Information and Documentation . 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 such rights immediately prior to the Effective Date (“Pre -Existing Intellectual Property”) . If any design, device, material, process, or other item provided by Contractor is cover ed by a patent or copyright or which is proprietary to or a trade secret of another, 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 exp ressly granted in this Contract . Any SaaS Software developed by Contractor during 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 embe dded 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 therefor e by the State in accordance with this Contract (including 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 s uch Deliverable and to use any Contractor Materials contained therein in accordance with this Contract. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 50 of 68 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 a ny and all claims, costs, losses, damages, liabilities, judgments and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any third party claim that the Contractor -provided products/services infringe, mis appropriate 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 Sta te or that adversely affects the State’s rights or interests, 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 cla im 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 int erest (including 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 th e 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 a uthorized representative 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 paten ts, 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 party 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 the 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 Sof tware or technology 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 C ontract. 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 time 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, th e 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 th e Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 51 of 68 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 officers, agents, and Contractor Personnel to the extent that such disclosure is necessary for the performance of their 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, confidentiality at least as restrictive as those of set forth in this Contract. . 8.2 The provisions of this section shal l 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 shal l 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 Contractor has a duty to act) damage or create any vulnerabilities in data bases, systems, platforms, and applicatio ns with which the Contractor is working hereunder. 9.2 In accordance with prevailing federal or state law or regulations, the Contractor shall report the loss of non -public data as directed in IFB Section 3. 7. 9.3 Protection of data and personal privacy (a s 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. 7. 10. Indemnification 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 suc h 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 right s 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 . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 52 of 68 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 req uest 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 legal request without first notifying the State, unless prohibited by law from providing such 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 request . . 11. Non-Hiring of Employees No official or employee of the State, as defined under Md. Cod e Ann., General Provisions Article, § 5-101, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall, during the pendency and term of this Contract and while serving as an official or em ployee 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, Subtitl e 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 . Contemporane ously 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 must 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 a ny 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 C ontractor 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 informa tion, 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 gene tic 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. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 53 of 68 15. Contingent Fee Prohi bition 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 no t paid or agreed to pay any person, partnership, 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 to 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 yea r for which 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 hereund er 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 nonrecurrin g 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. Termination 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 compensati on 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 termin ation 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 work 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 reasona ble costs 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 not 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 C ontractor 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, Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 54 of 68 fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractor s or suppliers arisi ng from 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 The State unilaterally may order the Contractor in writing to suspend, delay, or interru pt 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 Financ e 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 C ontractor 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 age ncies 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 St ate 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 t hat every 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 amo unt 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 other 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, to 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 subcontractor s shall retain and maintain all records and documents in any way relating to this Contract for (i) three (3) years after 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 representati ves of the 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. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 55 of 68 25. Right to Audit 25.1 The State reserves the right, at its sole discretion 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 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 limite d 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 related t o 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 the exte nt 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 subcontractor 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 busine ss 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, including 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 obligations und er 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, by submi tting 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, includi ng 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; Assignment 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, without the p rior written approval of the Procurement Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 56 of 68 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 la nguage 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 are completed and properly registered . The State shall not be responsi ble 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 liability sh all 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 indemn ification 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 release o r 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 obligations 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 Ma ryland. 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 commercia l customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractor s, vendors, and suppliers to participate in all of its public sector and private sect or 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 occurred or are occurring in the marketplace. Contractor understands that a materi al 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 only after the filing of a complaint against Contractor under Title 19 of the S tate Finance and Procurement Article of the Annotated Code of Maryland, as amended from time to time, Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 57 of 68 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 subcontract or supply contract . Contractor further agrees to cooperate 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 parti cipating 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 “undisputed 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 Contractor 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 decision of a Procurement Officer or a representative of the Department concernin g 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 law; (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 those provided under COMAR 21.11.03.13 with respect to subcontractor s that have con tracted 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 the 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: Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 58 of 68 i. Inspecting any relevant records of the Contractor; ii. Inspecting the jobsite; and iii. Interviewing subcontractor s and workers. 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 mont hly 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 c ompliance 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, requir ing 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 noncompliance 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 s pecific 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 before 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 Living 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 amount s provided are estimates only and the Department does not guarantee a minimum or maximum number of units or usage in the performance of this Contract. 34. Risk of Loss; Transfer of Title Risk of loss for conforming supplies, equipment, materials and Delive rables furnished to the State hereunder shall remain with the Contractor until such supplies, equipment, materials and Deliverables are received and accepted by the State, following which, title shall pass to the State. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 59 of 68 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 in tellectual property” for purposes of and as such terms are used and interpreted under § 365(n) of the United States 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 ot her 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 simila r proceeding: (a) subject to the State’s rights of election, all rights and licenses granted to the State under 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 intellectual 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 provision of this Contract which contemplates performance or observance subsequent to any termination or expiration of this Contract shall survive t ermination 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 seve red 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 on ly 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 con stitute 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 Offi cer 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 th e 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 p erformance of the Contract Monitor’s responsibilities. The Department may change the Contract Monitor at any time 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 certif ied or registered mail, postage prepaid, as follows: If to the State: DHRIS Facilities Manager Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 60 of 68 Peggy Hawkins 1100 Eastern Boulevard 1100 Eastern Boulevard Essex, MD 21221 Phone Number: 410-238-1327 E-Mail: peggy.hawkins@maryland.gov With a copy to: Leah Hinson Department of Human Services (DHS ) 1100 Eastern Boulevard Essex, MD 21221 Phone Number: 410-238-1339 E-Mail: leah.hinson@maryland.gove If to the Contractor: (Contractor’s Name) (Contractor’s primary address) 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) Business Days following receipt of notice by the Bidder that it is being recommended for Contract award . The Hiring Agreement will become effecti ve concurrently with the award of the Contract. 39.2 The Hiring Agreement provides that the Contractor and DHS will work cooperatively to promote hiring by the Contractor of qualified individuals for job openings resulting from this procurement, in accorda nce with Md. Code Ann., State Finance and Procurement Article §13 -224. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 61 of 68 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 Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 62 of 68 Attachment H. Contract Affidavit See link at http://procurement.maryland.gov/wp -content/uploads/sites/12/2018/04/Attachment - N-ContractAffidavit.pdf . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 63 of 68 Attachment I. DHS Hiring Agreement See link at http://procurement.maryland.gov/wp -content/uploads/sites/12/2018/04/Attachment - O-DHSHiringAgreement.pdf . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 64 of 68 Appendix 1 . – Abbreviations an d 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 G. 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 complet ion 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. Data Breach – The unauthorized acquisition, use, modification or disclosure of State data, or other Sensitive Data . I. DHS/OTHS – Department of Human Services/Office of Technology for Human Services J. eMMA – eMaryland Marketplace Advantage (see IFB Section 4.2). K. Invitation for Bids (IFB) – This Invitation for Bids issued by the Department of Human Services (Department ), with the Solicitation Number and date of issuance indicated in the Key Information Summary Sheet, including any amendments thereto. L. 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 . M. 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. N. 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. O. 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. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 65 of 68 P. 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 . The NTP Date is the start date 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 - specified implementation date. Q. NTP Date – The date specified in a NTP for work on Contract, project, Task Order or Work Order to begin. R. Bidder – An entity that submits a Bid in response to this IFB. S. Personally Identifiable Information (PII) – Any information about an individual maintained by the State, including (1) any information that can be used to distinguish or trace an individual identity, such as name, social security number, date and place of birth, mother’ s maiden name, or biometric records; and (2) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. T. Procurement Officer – Prior to the award of any Contract, th e 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 G), and is the only State representative who can authorize changes to the Con tract. The Department may change the Procurement Officer at any time by written notice to the Contractor. U. Protected Health Information (PHI) – Information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and (i) that identifies the individual; or (ii) with respect to which there is a reasonable basis to believe the info rmation can be used to identify the individual. V. Security Incident – A violation or imminent threat of violation of computer security policies, Security Measures, acceptable use policies, or standard security practices. “Imminent threat of violation” is a situation in which the organization has a factual basis for believing that a specific incident is about to occur. W. Security or Security Measures – The technology, policy and procedures that a) protects and b) controls access to networks, systems, and data . X. Sensitive Data - Means PII;PHI; other proprietary or confidential data as defined by the State , including but not limited to “personal information” under Md. Code Ann., Commercial Law § 14-3501( e) and Md. Code An n., St. Govt. § 10 -1301(c) and information n ot subject to disclosure under the Public Information Act, Title 4 of the G eneral Provisions Article; and information about an individual that (1) can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records; or (2) is linked or linkable to an individual, such as medical, educational, financial, and employment information. Y. State – The State of Maryland. Z. Total Bid Price - The Bidder ’s bid price or evalu ated bid price for goods and services in response to this solicitation, included in Attachment B – Bid Form . AA. Veteran -owned Small Business Enterprise (VSBE) – A business that is verified by the Center for Verification and Evaluation (CVE) of the United St ates Department of Veterans Affairs as a veteran -owned small business. See Code of Maryland Regulations (COMAR) 21.11.13. Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 66 of 68 Appendix 2. – Bidder Information Sheet See link at http://procurement.maryland.gov/wp -content/uploads/sites/12/2018/04/Appendix2 - Bidder_OfferorInformationSheet.pdf . Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 67 of 68 Appendix 3. – Incident Report Unarmed Guard Services for DHRIS Solicitation #: IFB Document IFB for DHS Page 68 of 68