INVITATION FOR BID (“IFB”) FOR UNINTERRUPTED POWER

Transcription

INVITATION FOR BID (“IFB”)
FOR
UNINTERRUPTED POWER SUPPLY (“UPS”) MAINTENANCE
FOR ALL LOCATIONS
CONTRACT NO. 20110030
ISSUE DATE: April 13, 2012
All prospective bidders, the Maryland Transportation Authority (“MDTA”) participates in the e-Maryland Marketplace
electronic commerce system administered by the Maryland Department of General Servicers. All information regarding this
solicitation including amendments, pre-bid minutes, and changes to bid due dates shall be posted in e-Maryland Marketplace.
This means that all such information is immediately available to subscribers of e-Maryland Marketplace. Because of instant
access afforded by e-Maryland Marketplace, it is recommended that all vendors interested in doing business with MDTA and
other State agencies register on e-Maryland Marketplace.
Information about registering, free of charge, on e-Maryland Marketplace can be obtained at the e-Maryland Marketplace
website at https://www.ebidmarketplace.com.
Vendors must be registered on e-Maryland Marketplace to receive a contract award.
Contract No. 20110030
UPS Maintenance
TABLE OF CONTENTS
Page No.
VENDOR COMMENTS .................................................................................................1
KEY INFORMATION SUMMARY SHEET .................................................................2
SECTION 1 - GENERAL INFORMATION...................................................................3
1.1 SUMMARY STATEMENT ......................................................................................3
1.2 ABBREVIATIONS AND DEFINATIONS ..............................................................3
1.3 CONTRACT TYPE ...................................................................................................4
1.4 CONTRACT DURATION ........................................................................................4
1.5 CONTRACT PRICE ADJUSTMENTS ....................................................................4
1.6 CONTRACT ADMINISTRATION ..........................................................................4
1.7 PROCUREMENT METHOD....................................................................................5
1.8 PROCUREMENT OFFICER & CONTRACT MANAGER ....................................5
1.9 PRE-BID CONFERENCE.........................................................................................5
1.10 CLARIFICATION...................................................................................................6
1.11 ADDITIONS & DELETIONS.................................................................................6
1.12 CHANGES...............................................................................................................6
1.13 LIABILITY..............................................................................................................6
1.14 PROPOSAL/ BID & CONTRACT AFFIDAVITS .................................................6
1.15 MINORITY BUSINESS ENTERPRISE NOTICE .................................................7
1.16 PROMPT PAY REQUIREMENTS.........................................................................7
1.17 TOLL FREE PASSAGE..........................................................................................7
1.18 ARREAGES ............................................................................................................7
1.19 BID DOCUMENTS.................................................................................................7
1.20 MANDATORY TERMS & CONDITIONS............................................................8
1.21 INSURANCE...........................................................................................................8
1.22 COMMERICIAL NON-DISCRIMINATION CLAUSE ........................................12
1.23 LIVING WAGE REQUIREMENTS.......................................................................13
1.24 PUBLIC INFORMATION ACT NOTICE..............................................................14
1.25 BIDDER RESPONSIBILITIES...............................................................................14
1.26 PROTESTS/ DISPUTES .........................................................................................14
1.27 MULITPLE OR ALTERNATE BIDS.....................................................................14
1.28 TIE BIDS .................................................................................................................15
1.29 CANCELLATION OF “IFB”..................................................................................15
1.30 BIDS DUE/ CLOSING DATE ................................................................................15
1.31 AWARD BASIS ......................................................................................................15
1.32 AMENDMENTS & ACKNOWLEDGMEENT OF AMENDMENTS ..................15
1.33 COMPENSATION AND METHOD OF PAYMENT ............................................15
1.34 TERMINATION FOR DEFAULT..........................................................................16
1.35 TERMINATION FOR CONVENIENCE................................................................16
1.36 UNATHORIZED ELECTRONIC TRANSACTIONS PROHIBITED...................17
1.37 DURATION OF BID...............................................................................................17
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SECTION 2 – SCOPE OF SERVICE .............................................................................18
2.1 SCOPE OF CONTRACT ..........................................................................................18
2.2 UPS MODULE LIST.................................................................................................18
2.3 PRE-EXISTING DEFICIENCIES.............................................................................20
2.4 GENERAL MAITNENANCE AND TESTING REQUIREMENTS .......................20
2.5 BATTERY MAINTENANCE TESTING, REPLACEMENT AND
REPAIR SERVICES .................................................................................................23
2.6 PREVENTIVE MAINTENANCE.............................................................................25
2.7 GENERAL REQUIREMENTS FOR MAINTENANCE..........................................25
2.8 QUALIFICATIONS OF BIDDERS ..........................................................................26
2.9 LOCATIONS & CONTACT PERSON.....................................................................27
ATTACHMENTS:
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
Attachment H:
Attachment I:
Attachment J:
Pictures & Locations
Schedule of Prices
Bid/ Proposal Affidavit
Living Wage Affidavit
Living Wage FAQs
Contract Affidavit
Prompt Payment Guidelines
MDOT Terms & Conditions
for Maintenance
Signature Guidelines
Test Report
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Page No.
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Advisory 2006-1
STATE OF MARYLAND
VENDOR COMMENTS
To help us improve the quality of State solicitations and make our procurement process more
responsive and business-friendly, we ask that you take a few minutes to complete this form.
Thank you for your assistance.
Bid/Proposal Number:
Entitled:
I.
20110030
UPS Maintenance – Authority Wide
If you are not bidding, please indicate why:
o
o
o
o
o
o
o
o
o
o
o
o
Other commitments preclude our participation at this time.
The subject of the contract is not in our business line.
We lack experience in the work/commodities required.
The scope of work is beyond our current capacity.
We cannot be competitive. (Please explain below.)
The specifications are either unclear or too restrictive. (Please explain below.)
Bid/proposal requirements, other than specifications, are unreasonable or too
risky. (Please explain below.)
Time for completion is insufficient.
Bonding/insurance requirements are prohibitive. (Please explain below.)
Doing business with government is simply too complicated.
Prior experience with State of Maryland contracts was unprofitable or otherwise
unsatisfactory. (Please explain below.)
Other: __________________________________________________________
II.
Please explain your response further, offer suggestions, or express concerns. (Use the
back for additional information.)
Remarks:______________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
OPTIONAL:
Vendor Name: ________________________________________ Date: ___________
Contact:___________________________________________ Phone: ______________
Address or email: ______________________________________________________
THANK YOU!!!
UPS Maintenance
KEY INFORMATION SUMMARY SHEET
Invitation For Bid
IFB NO.:
20110030
IFB ISSUE DATE:
April 13, 2012
IFB ISSUING OFFICE:
Maryland Transportation Authority
Office of Procurement & Fleet Services
PROCUREMENT OFFICER:
Harry Johnson
Procurement Officer
Office of Procurement & Statutory
Compliance Program
Office Phone: 410-537-7522
E-mail: [email protected]
MAIL ADDRESS:
Compliance Program
303 Authority Drive
Baltimore, Maryland 21222
PRE-BID MEETING:
May 8, 2012 /10:00 AM
FSK Administration Building
2nd Floor Conference Room
303 Authority Drive
QUESTIONS:
Please submit all questions to, Procurement
Officer: Harry Johnson via email at:
[email protected] Questions will
be received until May 24, 2012 at 2:00p.m.
Oral questions will not be entertained.
IFB DELIVERY ADDRESS:
Compliance Program
303 Authority Drive – 2nd Floor Bid Box
(Please use side entrance closet to Key Bridge)
CLOSING DATE AND TIME:
June 4, 2012 at 12:00 Noon
Note: This solicitation is subject to cancellation as provided in COMAR 21.06.02.02
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SECTION 1 – GENERAL INFORMATION
1.1
1.2
SUMMARY STATEMENT
1.1.1
The Maryland Transportation Authority (“Authority”) is issuing an Invitation
for Bids (“IFB”) to procure a licensed contractor to provide annual
maintenance, testing and services for uninterruptible power supplies throughout
the Authority.
1.1.2
The Authority intends to make a single contract award as result of this IFB.
ABBREVIATIONS AND DEFINITIONS
1.2.1
For the purposes of this IFB, the following abbreviations and terms have the
meanings indicated below:
a) Authority – The Maryland Transportation Authority.
b) BHT - Baltimore Harbor Tunnel
c) Bay Bridge – The William Preston Lane Jr. Memorial Bridge.
d) Bidder – An entity that submits a bid in response to this IFB.
e) BPW - The Maryland Board of Public Works.
f) CFMO – Chief Facility Maintenance Officer
g) Contractor – The successful bidder that is awarded the Contract.
h) COMAR – The Code of Maryland Regulations, which is available online
at www.dsd.state.md.us.
i) CM or CONTRACT MANAGER – Authority official having daily
contract management oversight responsibility
j) FORCE MAJEURE – An event or effect that could not be reasonably
anticipated or controlled.
k) FSK – Francis Scott Key Bridge
l) FMT – Fort McHenry Tunnel
m) ICC – Intercounty Connector
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n) IFB – The entire contents of this Invitation For Bids, including any
amendments/addenda thereto.
o) JFK – John F. Kennedy Memorial Highway (Northern Region Facilities)
p) Local Time – Time in the Eastern Time Zone as observed by the State of
Maryland.
(q) POC – Point of Contact – An Authority Official at each facility that
provides the Contractor with appropriate access to the site and approves
his/her entry to the facility.
(r) MBE – Minority Business Enterprises certified by the Maryland
Department of Transportation under COMAR 21.11.03.
(s) Procurement Officer – The State representative who is responsible for
this IFB and for the determination of contract scope issues; also, the only
State representative who can authorize changes to the Contract.
(t) UPS – Uninterruptible Power Supply
(u) WPL – William Preston Lane Jr. Memorial Bridge.
1.3
CONTRACT TYPE
1.3.1
1.4
CONTRACT DURATION
1.4.1
1.5
The Contract resulting from this IFB shall be for a Base Term of twenty-four (24)
months commencing on or about September 1, 2014 with no renewal options.
CONTRACT PRICE ADJUSTMENTS
1.5.1
1.6
Any contract resulting from this IFB shall be a firm fixed-price contract. A
fixed-price contract is appropriate for use when the extent and type of work
necessary to meet State requirements can be reasonable specified and the cost
can be reasonably estimated, as is generally the case for construction or standard
commercial products. A fixed-price type of contract is the only type of contract
that can be used in competitive sealed bidding. COMAR 21.06.03.02 B (1).
UNIT BID PRICES SHALL REMAIN FIRM FOR THE TWO (2) YEAR
BASE CONTRACT TERM.
CONTRACT ADMINISTRATION
1.6.1
All work associated with the Contract shall be at the direction of the Contract
Administrator, Procurement Officer, or their designee.
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1.7
PROCUREMENT METHOD
1.7.1
1.8
This procurement is being conducted in accordance with the Code of Maryland
Regulations (“COMAR”), Title 21, State Procurement Regulations, COMAR
21.05.02, Procurement by Competitive Sealed Bidding.
PROCUREMENT OFFICER & CONTRACT MANAGER
1.8.1
The sole point-of-contact in the State for the purpose of this IFB prior to award of
the Contract is the Procurement Officer listed below.
Harry Johnson, Procurement Officer
Office of Procurement & Statutory Compliance program
303 Authority Drive
Telephone No.:
410-537-7522
E-mail address:
[email protected]
Note: After Contract award, the Contract Manager will be the primary Authority contact.
As of this time, the Contract Manager is:
Mr. Robert Jordan, P.E.
300 Authority Drive
Telephone No.:
410-537-7851
Fax No.:
410-537-7801
E-mail address:
[email protected]
1.9
PRE-BID CONFERENCE
1.9.1
A Pre-Bid Conference will be held on (May 8, 2012) beginning at 10:00 A.M.
Local Time, at the following location:
FSK Administration Building
2nd Floor Conference Room
303 Authority Drive
1.9.2
Attendance at the Pre-Bid Conference is not mandatory, but all interested bidders
are encouraged to attend in order to facilitate better preparation of their bids. In
addition, attendance may facilitate the bidder’s understanding of the IFB
requirements.
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1.9.3
1.10
As promptly as is feasible, subsequent to the Pre-Bid Conference, a summary of
the Pre-Bid Conference and all questions and answers known at that time will be
posted to https://ebidmarketplace.com. All prospective bidders are encouraged to
be registered on eMaryland Marketplace to receive all posted documentation
referring to this IFB.
CLARIFICATION
1.10.1 It is understood that if there are any omissions and/or unclear requirements, it
shall be the responsibility of the bidder to clarify such items with the Authority
before submitting a bid. Inquiries must be in writing and directed to Harry
Johnson, Procurement Officer via Email: [email protected]. No later
than May 24, 2012 at 2:00p.m. Oral questions will not be entertained.
1.11
ADDITIONS & DELETIONS
1.11.1 The Authority's Procurement Officer, upon five (5) days written notice to the
Contractor, may add or delete any item covered under this proposal. When a unit
is added or deleted, a rate adjustment shall be made proportionately.
1.12
CHANGES
1.12.1 The Procurement Officer may make any change in the work within the general
scope of the Contract at any time by written order designated to be a change
order. If any change under this clause causes an increase or decrease in the
Contractor's cost of, or the time required for, the performance of any part of the
work under the Contract, an equitable adjustment shall be made and the Contract
shall be modified in writing accordingly.
1.13
LIABILITY
1.13.1 The Contractor agrees to assume full responsibility for any and all damage to the
property of the Authority, both real and personal, which results from or arises in
connection with, the performance of this Contract.
1.13.2 The Contractor hereby agrees to indemnify and save harmless the Authority
against all claims, damages, costs, losses and liabilities whatsoever, for any and
all injury to persons and property which may arise out of the performance of this
Contract.
1.13.3 The Contractor agrees to maintain adequate insurance coverage as identified in
Section 1.21 of the IFB in order to fulfill responsibility under this section.
1.14
PROPOSAL/ BID & CONTRACT AFFIDAVITS
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1.14.1 Contractor shall furnish fully executed Bid/Proposal Affidavits and Contract
Affidavits on forms supplied by the Authority, which are essential parts of the bid
and Contract, respectively.
1.15
MINORITY BUSINESS ENTERPRISE NOTICE
1.15.1 The Authority hereby notifies all bidders that in regard to any contract entered
into pursuant to this advertisement, certified minority businesses will be afforded
full opportunity to submit bids in response to this notice and will not be subjected
to discrimination on the basis of race, color, sex, or national origin in
consideration for an award.
1.16
PROMPT PAY REQUIREMENTS
1.16.1 This procurement and the contract to be awarded pursuant to this solicitation are
subject to the Prompt Payment Policy Directive issued by the Governor’s Office
of Minority Affairs (“GOMA”) and dated August 1, 2008. Promulgated pursuant
to Sections 11-201, 13-205(a), and Title 14, Subtitle 3 of the State Finance and
Procurement Article (SFP), and Code of Maryland Regulations (COMAR)
21.01.01.03 and 21.11.03.01 et seq., the Directive seeks to ensure the prompt
payment of all subcontractors on non-construction procurement contracts. The
successful Offeror who is awarded a contract must comply with the prompt
payment requirements outlined in the Contract (see Attachment G). Additional
information is available on the GOMA website at www.mdminoritybusiness.com.
1.17
TOLL FREE PASSAGE
1.17.1 The Contractor shall not be permitted toll free passage in the performance of this
work.
1.18
ARREARAGES
1.18.1 By submitting a response to this solicitation, a vendor shall be deemed to
represent that it not in arrears in the payment of any obligation due and owing the
State of Maryland, including the payment of taxes and employee benefits, and that
it shall not become so in arrears during the term of the contract if selected for
contract award.
1.19
BID DOCUMENTS
1.19.1 All Bids must be on the forms prescribed by the Authority. This means no Bid
shall contain or be accompanied by any writing purporting to limit or qualify the
Authority's right to accept such Bid or purporting to alter such Bid or any
Contract which may be executed pursuant thereto. If, notwithstanding the
foregoing, any Bidder shall submit such writing, the Authority may, in its
discretion, disregard such writing and accept the Bid without the attempted
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qualification, limitation, or alteration. The Authority also as an alternative,
without any implication that it is necessarily the only alternative, may reject any
Bid accompanied by or containing any such writing. Bids may also be rejected if
they show any alteration of forms, additions not called for, additional or alternate
bids, incomplete bids, erasures, or irregularities of any kind. Each entity who
obtains a set of bidding documents will be furnished with such number of Bid
forms as may reasonably be required.
1.20
MANDATORY TERMS & CONDITIONS
1.20.1 By submitting a bid in response to this IFB, an Offeror, if selected for award, shall
be deemed to have agreed to and accepted all Contract terms and conditions set
forth in the standard Contract form and the Maryland Department of
Transportation (“MDOT”) General Terms and Conditions for Maintenance.
1.21
INSURANCE
1.21.1 Contractor shall, at its own cost and expense, take out and carry in effect, through
the term of the Contract a policy or policies of insurance, with a reputable
insurance company that is financially sound and authorized to conduct business in
the State of Maryland and upon whom process in any suit or action or other
proceeding in the courts of the State of Maryland or of the United States may be
served, insuring Contractor against all liability for injuries to persons (including
wrongful death) and damages to property caused by Contractor’s use and
occupancy or otherwise caused by Contractor’s activities and operations at the
Authority facilities and property, the policy limits thereof to be in the minimum(s)
as set forth below.
1.21.2 COMMERCIAL GENERAL LIABILITY INSURANCE
1.21.2.1
Contractor shall maintain Commercial General Liability (“CGL”)
insurance, and, if necessary, commercial umbrella insurance. The
insurance shall be kept in full force and effect until all work has been
satisfactorily completed and accepted.
1.21.2.2
The CGL insurance and, if necessary, commercial umbrella
insurance shall be a limit of not less than Two Million Dollars
($2,000,000.00) for each occurrence. If such CGL insurance contains
a general aggregate limit, it shall apply separately to this project.
1.21.2.3
The CGL insurance shall be written on ISO occurrence form CG
00 01 01 96 (or a substitute form providing equivalent coverage) and
shall cover, but not be limited to, liability arising from Premises,
Operations, Independent Contractors, Products-Completed Operations,
Personal Injury and Advertising Injury, and liability assumed under an
insured contract.
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1.21.2.4
Additional Insured. The State of Maryland, MDOT, the Authority,
its authorized officers, directors, agents, employees, volunteers, and
representatives shall be included as an additional insured under the
CGL, and under the commercial umbrella, if any.
1.21.2.5
The CGL insurance shall apply as primary insurance with respect
to any other insurance or self-insurance programs afforded to the
Authority. There shall be no endorsement or modification of the CGL
to make it excess over other available insurance. If the CGL states that
it is excess or pro-rata, the policy shall be endorsed to be primary with
respect to the additional insured.
1.21.2.6
Waiver of Subrogation. Contractor waives all rights against the State
of Maryland, MDOT, the Authority and its agents, officers, directors,
employees, volunteers, and representatives for recovery of damages to
the extent these damages are covered by the CGL or umbrella liability
insurance obtained by Contractor pursuant to this contract.
1.21.3 COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
1.21.3.1
1.21.3.2
Contractor shall maintain automobile liability insurance and, if
necessary, commercial umbrella liability insurance with a limit of not
less than One Million Dollars ($1,000,000.00) for each accident.
Such insurance shall cover liability arising out of any automobile.
1.21.3.3
Coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00
12, or CA 00 20. If necessary, the policy shall be endorsed to provide
contractual liability coverage equivalent to that provided in the 1990
and later editions of CA 00 01.
1.21.3.4
the extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by the Contractor as
required by this Contract or under any applicable auto physical
damage coverage.
1.21.4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE
1.21.4.1
Contractor shall maintain workers compensation and employers
liability insurance.
1.21.4.2
Workers Compensation.
Coverage shall be at statutory limits as
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required by the laws of the State of Maryland.
1.21.4.3
the extent these damages are covered by the workers compensation
and employers’ liability or commercial umbrella liability insurance
obtained by the Contractor pursuant to this contract. Contractor shall
obtain an endorsement equivalent to WC 00 03 13 to affect this
waiver.
1.21.5 COMMERCIAL PROPERTY INSURANCE
1.21.5.1
Contractor may, at its option, purchase insurance to cover its personal
property. In no event shall the Authority be liable for any damage to
or loss of personal property sustained by Contractor, even if such loss
is caused by the negligence of the State of Maryland, MDOT, the
Authority or its agents, officers, directors, employees, volunteers, and
representatives.
1.21.5.2
All such policies shall be issued by companies with an A.M. Best’s
rating of A- or better and a financial size category of VII or better.
1.21.5.3
Insurance shall be written on an occurrence, not claims made basis.
1.21.5.4
Evidence of Insurance, Cancellation, Material Change or NonRenewal
1.21.5.4.1 The requirement of GP-7.14 (Liability Insurance) to submit
Certificate(s) of Insurance prior to starting work is modified for
Authority Contracts to require the certificate(s) of insurance to be
submitted prior to the execution of the Contract.
1.21.5.4.2 Prior to execution of the Contract and at least annually thereafter
unless otherwise specified by the Authority in writing, and at least
sixty (60) days before the expiration of any then current policy, the
Contractor agrees to furnish the Authority with certificate(s) of
insurance and the required endorsement(s) referenced herein,
executed by a duly authorized representative of each insurer,
showing compliance with the insurance requirements of the
Contract.
1.21.5.4.3 Each certificate of insurance shall provide for thirty (30) days
advance written notice to the Authority prior to the cancellation,
non-renewal, or material change of any insurance referred to
herein.
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1.21.5.4.4 Certificate(s) of insurance shall indicate at a minimum; the type,
kind, and amount of insurance in effect, the period of the policies,
the Contract Number of this Contract, and any applicable
additional insured statement as referred to herein.
1.21.5.4.5 In no event shall any required insurance be cancelled without prior
written consent of the Authority.
1.21.5.4.6 Certificate(s) of insurance shall be issued to:
Office of Procurement & Statutory Compliance program
303 Authority Drive
1.21.5.4.7 The Authority reserves the right to obtain relevant endorsements,
declaration pages, and/or a complete copy of the insurance
policy(s) from the Contractor evidencing the coverage required
herein, upon written demand. Contractor shall provide certified
copies of all insurance policies required above within ten (10)
business days of the Authority’s written request for said copies.
1.21.6 Additional Insured’s Endorsement. All policies, except workers compensation,
shall be endorsed to identify the State of Maryland, MDOT, the Authority, and
their authorized officers, directors, agents, employees, volunteers, and
representatives as additional insured’s, not named insured’s, as their interest may
appear in connection with the Contract.
1.21.7 The failure of the Authority, at any time or from time to time, to enforce the
insurance provisions, to demand such certificate or other evidence of full
compliance with the insurance requirements, or to identify a deficiency from
evidence that is provided shall not constitute a waiver of those provisions nor in
any respect reduce the obligations of the Contractor to maintain such insurance or
to defend and hold the Authority harmless with respect to any items of injury or
damage covered by the Contract.
1.21.8 Failure to maintain the insurance required by the Contract shall be the basis for
immediate termination of this Contract at the Authority’s sole discretion.
1.21.9 No Representation of Coverage Adequacy. By requiring insurance herein, the
Authority does not represent that coverage and limits will necessarily be adequate
to protect the Contractor and such coverage and limits shall not be deemed as a
limitation on the Contractor’s liability under the indemnities granted to the
Authority in the Contract.
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1.21.10As indicated above, the Contractor may use commercial umbrella liability
insurance so that the Contractor has the flexibility to select the best combination
of primary and excess limits to meet the total insurance limits required by the
Contract.
1.21.11The Authority reserves the right at any time throughout the term of the Contract to
adjust the aforementioned insurance requirements, if, in Authority’s reasonable
judgment, the insurance required by the Contract is deemed inadequate to
properly protect the Authority’s interest.
1.21.12To the extent of the Contractor’s knowledge, Contractor shall send a written
report to the Authority within twenty-four (24) hours of the Contractor’s receipt
of any knowledge of any accident or other event arising in any manner from the
performance of the Contract which results in or might have resulted in bodily
injury, personal injury, property damage, or loss of any kind. A copy of the report
shall be sent to:
Office of Risk Management
303 Authority Drive
NOTE: The Contractor must submit adequate proof of insurance prior to the execution of
the Contract.
1.22
COMMERICIAL NON-DISCRIMINATION CLAUSE
1.22.1 As a condition of entering into this Agreement, Bidder represents and warrants
that it will comply with the State's Commercial Nondiscrimination Policy, as
described under Title 19 of the State Finance and Procurement Article of the
Annotated Code of Maryland. As part of such compliance, Bidder may not
discriminate on the basis of race, color, religion, ancestry, national origin, sex,
age, marital status, sexual orientation, disability or other unlawful forms of
discrimination in the solicitation, selection, hiring, or commercial treatment of
subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor
retaliate against any person for reporting instances of such discrimination.
Contractor shall provide equal opportunity for subcontractors, vendors, and
suppliers to participate in all of its public sector and private sector subcontracting
and supply opportunities, provided that nothing contained in this clause shall
prohibit or limit otherwise lawful efforts to remedy the effects of marketplace
discrimination that have occurred or are occurring in the marketplace. Contractor
understands and agrees that a material violation of this clause shall be considered
a material breach of this Agreement and may result in termination of this
Agreement, 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.
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1.22.2 As a condition of entering into this agreement, upon the request of the Maryland
Commission on Human Relations, and only after the filing of a complaint against
Contractor under Title 19 of the State Finance and Procurement Article of the
Annotated Code of Maryland, as amended from time to time, Contractor agrees to
provide within 60 days after the request a truthful and complete list of the names
of all subcontractors, vendors, and suppliers that Contractor has used in the past 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's 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 and agrees
that violation of this clause is a material breach of this Agreement and may result
in contract termination, disqualification by the State from participating in State
contracts, and other sanctions.
1.23
LIVING WAGE REQUIREMENTS
1.23.1 A solicitation for services under a State contract valued at One Hundred Thousand
Dollars ($100,000.00) or more may be subject to Title 18 of the State Finance and
Procurement Article of the Annotated Code of Maryland. Additional information
regarding the State’s Living Wage requirement is contained in this solicitation
(see Attachment D entitled Living Wage Requirements for Service Contracts). If
the Offeror fails to submit and complete the Affidavit of Agreement, the State
may determine an Offeror to be not responsible.
1.23.2 Contractors and Subcontractors subject to the Living Wage Law shall pay each
employee covered under Title 18 of the State Finance and Procurement Article of
the Annotated Code of Maryland at least $11.72 per hour, if State contract
services valued at 50 percent or more of the total value of the Contract are
performed in the Tier 1 area. If State contract services valued at 50 percent or
more of the total values of the contract are performed in the Tier 2 area, an
Offeror shall pay each covered employee at least $8.81 per hour. The specific
Living Wage rate is determined by whether a majority of services take place in a
Tier 1 area or Tier 2 area of the State. The Tier 1 area includes Montgomery
County, Prince George’s County, Howard County, Anne Arundel County,
Baltimore County, and Baltimore City. The Tier 2 area includes any county in the
State not included in the Tier 1 area. In the event that the employees who perform
the services are not located in the State, the head of the unit responsible for a State
contract pursuant to Section 18-102(d) of the State Finance and Procurement
Article shall assign the tier based upon where the recipients of the services are
located.
UPS Maintenance
1.23.3 The contract resulting from this solicitation will be deemed to be a Tier 1 contract
or a Tier 2 contract depending on the location(s) from which Contractor provides
50 percent or more of the services. If Contractor provides 50 percent or more of
the services from a location(s) in a Tier 1 jurisdiction(s) the contract will be a Tier
1 contract. If Contractor provides 50 percent or more of the services from a
location(s) in a Tier 2 jurisdiction(s), the contract will be a Tier 2 contract. If
Contractor provides more than 50 percent of the services from an out-of-State
location, then the contract will be deemed to be a Tier 1_contract. The Offeror
must identify in their Offer the location(s) from which services will be provided.
1.24
PUBLIC INFORMATION ACT NOTICE
1.24.1 A bidder should give specific attention to the clear identification of those portions
of its bid that it deems to be confidential, proprietary information or trade secrets,
and provide justification why such materials, upon request, should not be
disclosed by the State under the Access to Public Records Act, State Government
Article, Title 10, Subtitle 6 of the Annotated Code of Maryland.
1.24.2 Bidders are advised that, upon request for this information from a third party, the
Procurement Officer is required to make an independent determination whether
the information may be disclosed.
1.25
BIDDER RESPONSIBILITIES
1.25.1 The State will enter into a contractual agreement only with the selected bidder.
The selected bidder/Contractor shall be responsible for all products and services
required by this IFB. Subcontractors, if any, must be identified and a complete
description of their role relative to the bid must be included in the bid. If a bidder
that seeks to perform or provide the services required by this IFB is a subsidiary
of another entity, all information submitted by the bidder, such as, but not limited
to, references and financial reports, must pertain exclusively to the bidder, unless
the parent organization will provide guarantees for the performance of the
subsidiary.
1.26
PROTESTS/ DISPUTES
1.26.1 Any protest or dispute related respectively to this IFB or resulting Contract shall
be subject to the provisions of State Finance and Procurement Article, Title 15,
Subtitle 2, Annotated Code of Maryland, 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.
1.27
MULITPLE OR ALTERNATE BIDS
UPS Maintenance
1.27.1 A bidder may not submit more than one bid. Multiple or alternate bids will not be
accepted.
1.28
TIE BIDS
1.28.1 If a tie bid should occur; tie bids will be determined in accordance with the
provisions set forth under COMAR 21.05.02.14 “Tie Bids”.
1.29
CANCELLATION OF “IFB”
1.29.1 In accordance with COMAR 21.06.02.02, the MDTA reserves the right to cancel
this solicitation in whole or in part when it is in the best interest of the State to do
so.
1.30
BIDS DUE/ CLOSING DATE
1.30.1 The Bids must be delivered to the 2nd Floor Bid Box, located at 303 Authority
Drive, Baltimore, Maryland 21222 by the date specified in the Public Notice.
1.30.2 Bids, requests for withdraws, and modifications not received by the time and at
the place indicated are late and may only be considered in accordance with
COMAR 21.05.02.10.
1.30.3 All bids must be submitted prior to the bid opening time to be considered
“responsive.” All submittals after 12:00 Noon will be considered late and will be
returned unopened to bidders.
1.31
AWARD BASIS
1.31.1 The Contract will be awarded to the responsible and responsive bidder submitting
the most favorable evaluated bid price. The quantities shown on the Bid Sheet are
for evaluation purposes and to establish firm, fixed unit prices for the duration of
the Contract. The quantities shown are not guaranteed amounts. Actual usage
against the Contract may be more or less that the estimated quantities shown and
in no case will the total Contract usage exceed Two Hundred Thousand Dollars
($200,000.00).
1.32
AMENDMENTS & ACKNOWLEDGMEENT OF AMENDMENTS
1.32.1 If it becomes necessary to revise this IFB, amendments will be posted via
https://ebidmarketplace.com and through the Authority’s webpage.
Acknowledgement of the receipt of all amendments to the IFB must be submitted
with bid package by the bidder. Failure to acknowledge receipt does not relieve
the bidder from complying with all terms of any such amendment.
1.33
COMPENSATION AND METHOD OF PAYMENT
UPS Maintenance
1.33.1 Payment will be made by check, within thirty (30) days following proper receipt
of an approved invoice from the Contractor.
1.33.2 All invoices and/or correspondence pertaining to invoices shall be identified with
Contract Number 20110030 and shall be forwarded to:
Robert Jordan, P.E.
300 Authority Drive
1.33.3 All services provided under this contract shall be billed within thirty (30) days of
completion of the work and in accordance with the bid prices on Attachment B,
Bid Price Sheet.
1.33.4 The invoice must also include on its face, the Contractor’s Federal Tax
Identification Number.
1.33.5 The invoice must be supported by a job or work ticket created by the technician
providing the service and this ticket MUST BE SIGNED BY AN
APPROPRIATE AUTHORITY REPRESENTATIVE. An appropriate
representative will be either a member of the management team or a member of
the Facility’s Maintenance personnel or their delegated alternate. The appropriate
Authority personnel will also be announced at the Contract’s pre-start conference.
1.33.6 INVOICES WILL NOT BE PAID WITHOUT AN ATTACHED SIGNED
COPY OF THE JOB/WORK TICKET.
1.34
TERMINATION FOR DEFAULT
1.34.1 If the Contractor fails to fulfill its obligation 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 Contract, shall, at the State’s option, become the State’s
property. The State shall pay the Contractor fair and equitable compensation for
satisfactory performance prior to receipt of notice of the termination, less the
amount of damages caused by Contractor’s breach. If the damages are more than
the compensation payable to the Contractor, the Contractor will remain liable
after termination and the State can affirmatively collect damages. Termination
hereunder, including the determination of the rights and obligations of the parties,
shall be governed by the provisions of COMAR 21.07.01.11B.
1.35
TERMINATION FOR CONVENIENCE
UPS Maintenance
1.35.1 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 reasonable 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 21.07.01.12A.
1.36
UNAUTHORIZED ELECTRONIC TRANSACTIONS PROHIBITED
1.36.1 An attempt by a bidder or contractor to conduct an electronic procurement
transaction may not be considered by the procurement officer unless the
solicitation or contract specifically authorizes the electronic means for the
specified transaction.
1.36.2 An attempt by a bidder or contractor to conduct a transaction by electronic means,
including any acknowledgement, bid, proposal, protest, claim, does not satisfy the
requirements of this solicitation unless the solicitation or contract specifically
authorizes the use of electronic means for this specified transaction.
1.36.3 The only specified transaction allowed for electronic transaction is for inquiries
concerning this specification: emails and/ or facsimile (fax) shall be permitted for
clarification only. Any acknowledgement to an e-mail or fax other than in the
form of a posted addendum will not be considered a formal response by the
Procurement Officer or MDTA representative to an inquiry.
1.37
DURATION OF BID
1.37.1 Bids submitted in response to this IFB are irrevocable for one hundred and twenty
(120) days following the closing date of bids. This period may be extended at the
Procurement Officer’s request only with the Bidder’s written agreement.
UPS Maintenance
SECTION 2 – SCOPE OF SERVICES
2.1
2.2
SCOPE OF CONTRACT
2.1.1
The Authority is requiring a licensed contractor to provide maintenance and
testing services for several 3 - phase uninterruptible power supplies used for toll
equipment throughout the Authority.
2.1.2
Attachment A provides visual aids and locations of each module.
UPS MODULE LIST
2.2.1
The following is a list of all of the UPS modules included in this maintenance
contract:
2.2.1.1 Baltimore Harbor Tunnel Administration Building
2.2.1.1.1
This 3 - phase module has a capacity of 50KVA with 208V
input and output. It is a Galaxy 4000 manufactured by
MGE. Included are a remote battery cabinet and a wall
mounted bypass panel.
2.2.1.2 Baltimore Harbor Tunnel Fairfield Building
2.2.1.2.1
MGE. Included are integral batteries and floor mounted
bypass panel.
2.2.1.3 Fort McHenry Tunnel Administration Building
2.2.1.3.1
MGE. Included is a remote battery cabinet and wall
2.2.1.4 Fort McHenry Tunnel East Vent Building
2.2.1.4.1
MGE. Included is an adjacent battery cabinet and wall
2.2.1.5 Francis Scott Key Bridge Administration Building
2.2.1.5.1
UPS Maintenance
bypass panel.
2.2.1.6 H.W. Nice Bridge Administration Building
2.2.1.6.1
MGE. Included are integral batteries and a floor mounted
bypass panel.
2.2.1.7 J.F.K. Administration Building
2.2.1.7.1
bypass panel.
2.2.1.8 T.J. Hatem Bridge Administration Building
2.2.1.8.1
MGE. Included are integral batteries and a floor mounted
bypass panel.
2.2.1.9 W.P.L. Bay Bridge Administration Building
2.2.1.9.1
MGE. Included are integral batteries and wall mounted
bypass panel.
2.2.1.10 W.P.L. Bay Bridge Police Maintenance Building
2.2.1.10.1 This 3 - phase module has a capacity of 50KVA with 480V
input and 208V output.
It is an EDP 70 MKII
manufactured by Chloride. Included is an integral bypass
cabinet and adjacent battery cabinet.
2.2.1.11 W.P.L. Bay Bridge Police Building Room (140)
2.2.1.11.1 This 3 - phase module has a capacity of 15KVA with 480V
input and 208V output. It is an NXb 15 manufactured by
Liebert. Included is an integral bypass cabinet and adjacent
battery cabinet.
2.2.1.12 Intercounty Connection (ICC) Deckover Westbound Roadway
UPS Maintenance
2.2.1.12.1 This 3 - phase module has a capacity of 100KVA with
480V input and 208V output. It is a Galaxy 5000
manufactured by MGE. Included is an integral bypass
cabinet and adjacent battery cabinet.
2.3
2.4
PRE-EXISTING DEFICIENCIES
2.3.1
Within thirty (30) workdays after the contract start date, the Contractor shall
make a complete Inspection of all equipment covered by this contract as part of the
first annual maintenance visit as outlined in Section 2.4 and submit an initial
deficiency report as part of the first annual maintenance inspection report
required for the UPS system as described in Section 2.4.2.7.
2.3.2
The Contractor shall prepare and submit to the MDTA, the annual inspection
report which identifies all deficiencies noted during the first annual
maintenance inspection.
2.3.3
This report shall identify all corrective actions/repairs needed to resolve each
deficiency and shall include a detailed cost proposal for each item.
2.3.4
The MDTA reserves the right to competitively bid all specified repairs. The
quoted ‘deficiency’ repair prices contained in the proposal shall remain firm
for a period of one hundred twenty (120) calendar days after submission.
2.3.5
The Contractor shall be directed by the MDTA to make those adjustments
and/or correct those deficiencies, which can be accomplished through
routine preventive maintenance (PM) procedures.
2.3.6
No additional monies will be paid to the contractor when PM procedures are
utilized to correct deficiencies.
2.3.7
It is the intent of this contract to allow for all deficiencies to be corrected by the
issuance of a modification or extra work order. The decision to do so will be made
by the MDTA, based upon the acceptability of the Contractor's proposal. The
MDTA reserves the right to have any deficiencies corrected by others.
2.3.8
Any and all deficiencies found after the first annual maintenance inspection which
are not noted in the first annual maintenance report will become the responsibility
of the Contractor to maintain and repair.
2.3.9
Should the Contractor's inspection disclose any deficiencies which present a
hazard, the hazard shall immediately be brought to the attention of the
MDTA verbally, with a written confirmation to follow within one (1)
workday.
GENERAL MAINTENANCE AND TESTING REQUIREMENTS
2.4.1
The testing and maintenance for this equipment shall be performed on a semi
UPS Maintenance
annual basis (twice yearly) as is the industry standard for critical standby loads.
Inspection and testing shall be conducted such that loads are not impacted
through power loss. All inspections and tests shall be scheduled at least one (1)
week prior. To be included in the maintenance shall be the main UPS module,
batteries and bypass cabinet (if applicable). Specifics are as follows:
2.4.2
First Annual Maintenance Visit:
2.4.2.1 Perform a visual inspection of the system including review of:
2.4.2.1.1 Status panel functionality
2.4.2.1.2 Overall condition of enclosure
2.4.2.1.3 Ambient temperature
2.4.2.1.4 General environmental considerations
2.4.2.1.5 Air filters
2.4.2.1.6 Spare parts kit inventory
2.4.2.2 Perform a mechanical inspection of the system including review of:
2.4.2.2.1 Physical damage or deterioration
2.4.2.2.2 Nonconformance, fit and finish
2.4.2.2.3 Connection integrity
2.4.2.3 Perform an electrical inspection of the system including review of:
2.4.2.3.1 System Voltages
2.4.2.3.2 System Currents
2.4.2.3.3 PC board calibration
2.4.2.3.4 PC board operation
2.4.2.3.5 Sub assembly operation (rectifier, inverter, static switch)
2.4.2.4 Perform an inspection of system operation including review of:
2.4.2.4.1 Forward transfer
2.4.2.4.2 Reverse transfer
2.4.2.4.3 On battery
2.4.2.4.4 Normal Operation
2.4.2.4.5 Emergency Power Off
2.4.2.4.6 Alarm interface
2.4.2.4.7 Maintenance bypass sequence
2.4.2.4.8 Meter reconciliation
2.4.2.4.9 Personalization
2.4.2.5 Perform an inspection of the system batteries including the following:
2.4.2.5.1
2.4.2.5.2
2.4.2.5.3
Check the integrity of the battery rack / cabinet.
Check the general appearance and cleanliness of the battery
system.
Visually inspect cells / units for cracks, leaks, and
excessive bulging of containers.
UPS Maintenance
2.4.2.5.4
Check for any evidence of corrosion at the terminals and
connectors.
2.4.2.5.5 Check cell / unit tops for cleanliness.
2.4.2.5.6 Spot check torque on 10% of the inner-battery connection.
2.4.2.5.7 Measure and record ambient battery room temperature.
2.4.2.5.8 Measure and record the float voltage of all cells / units.
2.4.2.5.9 Measure and record the total battery float voltage and
charging current.
2.4.2.5.10 Measure and record the DC ripple voltage and ripple
current being applied to the battery system.
2.4.2.5.11 Measure and record 10% of the inter-cell / unit connection
resistance on systems allowing such, using a calibrated
digital micro-ohmmeter.
2.4.2.5.12 Re-torque all inter-battery connections to battery
manufacturer’s specifications.
2.4.2.5.13 Measure and record all inter-battery load test on all units in
the system.
2.4.2.5.14 Perform an individual battery load test on all units in the
system. Measure and record hold time of batteries at
connected load.
2.4.2.6 Web Interface
2.4.2.6.1 Test web interface and validate voltage, current, and power
readings match actual values.
2.4.2.6.2 Test email alerts.
2.4.2.7 Provide detailed written report noting any deficiencies along with
corrective action and any necessary recommendations. Documentation
will provide necessary data for the manufacturer’s warranty
requirements.
2.4.3
Second Annual Maintenance Visit:
2.4.3.1
2.4.3.2
2.4.3.3
2.4.3.4
2.4.3.5
2.4.3.6
Verify adequate cooling in the room
Verify the UPS cooling fans are operational
Verify the system is on-line and properly supports the load
Verify the cleanliness of air filters
Verify air intakes and exhaust vents are clear
Verify general serviceability of the system and make recommendations as
necessary
2.4.3.7 Verify front panel metering and all alarms
2.4.3.8 Ensure unit exterior is clean and free of foreign objects
2.4.3.9 Perform an inspection of the system batteries including the following:
2.4.3.9.1 Check the integrity of the battery rack / cabinet.
2.4.3.9.2 Check the general appearance and cleanliness of the battery
system.
2.4.3.9.3 Visually inspect cells / units for cracks, leaks, and
excessive bulging of containers.
UPS Maintenance
2.4.3.9.4
Check for any evidence of corrosion at the terminals and
connectors.
2.4.3.9.5 Check cell / unit tops for cleanliness.
2.4.3.9.6 Spot check torque on 10% of the inner-battery connection.
2.4.3.9.7 Measure and record ambient battery room temperature.
2.4.3.9.8 Measure and record the float voltage of all cells / units.
2.4.3.9.9 Measure and record the total battery float voltage and
charging current.
2.4.3.9.10 Measure and record the DC ripple voltage and ripple
current being applied to the battery system.
2.4.3.9.11 Measure and record 10% of the inter-cell / unit connection
resistance on systems allowing such, using a calibrated
digital micro-ohmmeter.
2.4.3.10 Web Interface
2.4.3.10.1 Test web interface and validate voltage, current, and power
readings match actual values.
2.4.3.10.2 Test email alerts.
2.4.3.11 Provide detailed written report noting any deficiencies along with
corrective action and any necessary recommendations. Documentation
will provide necessary data for the manufacturer’s warranty
requirements.
2.5
BATTERY MAINTENANCE TESTING, REPLACEMENT AND REPAIR
SERVICES
2.5.1
Battery Maintenance Testing and Replacement shall follow IEEE 1188-2005
(IEEE Recommended Practice for Maintenance, Testing, and Replacement of
Valve-Regulated Lead-Acid (VRLA) Batteries for Stationary applications).
2.5.2
If, upon testing it is found that the batteries are in need of replacement or parts
are in need of replacement, the Contractor shall report such findings to the
procurement officer. If the work involves batteries, the batteries shall be replaced
according to the line item bid prices in the contract after approval by the
procurement officer. All other parts or service shall be incidental to the
preventive maintenance line item. The batteries shall be replaced within thirty
(30) calendar days after approval by the procurement officer in writing. The
Contractor is also responsible for coordinating and moving the batteries from the
source to the location of the UPS and installing the batteries into the UPS. If the
batteries are delivered to the site they may be delivered to the store room, which
is not always in the same building as the UPS system. The store room is the
department that accepts deliveries at each site.
2.5.3
Replacement batteries shall meet or exceed the OEM specifications for the
batteries in these units. Replacement batteries for the Libert, Chloride and MGE
Galaxy Series UPS shall be a non-spillable valve regulated lead acid type. AmpHour ratings shall meet or exceed the ratings of the existing batteries. Cut sheets
UPS Maintenance
shall be submitted for approval prior to ordering batteries.
2.5.4
For the MGE, CHLORIDE, and Libert UPS’s the battery quantities are as
follows:
Location
MODEL
SERIAL NUMBER
Francis Scott Key Bridge
Administration building
John F. Kennedy
Administration Building
T.J. Hatem Bridge
H.W. Nice Bridge
W.P.L. Bay Bridge
Baltimore Harbor Tunnel
Fairfield Building
Fort McHenry Tunnel East
Vent Building
Baltimore Harbor Tunnel
W.P.L. Bay Bridge Police
Maintenance Building
Fort McHenry Tunnel
MGE Galaxy 3000
30 KVA
MGE Galaxy 3000
30 KVA
MGE Galaxy 3000
15 KVA
MGE Galaxy 3000
15 KVA
MGE Galaxy 3000
30 KVA
MGE Galaxy 3000
15 KVA
MGE Galaxy 4000
50 KVA
MGE Galaxy 4000
50 KVA
CHLORIDE
EDP70S 50 KVA
MGE Galaxy 4000
50 KVA
W.P.L. Bay Bridge Police
Building, Room (140)
Libert NXB15
15KVA
38MB - 1751
MGE Galaxy 5000
100 KVA
(G5TUPS100)
1PPL10003
Intercounty Connector
(ICC) Deckover,
Westbound Roadway
QTY.
72-170300-16
Ext. Battery Model
No.
FIAMM 12FLX300
20
Batteries
(Date Codes)
Sept - 2011
A07-10544
FIAMM 12FLX300
20
Sept - 2011
A07-10546
YUASA NPX150FR
20
April - 2012
A07-10553
TEMPEST TR45-12
20
Sept - 2011
A08-10124
Sprinter S12V285F
20
Jan – 2008
A07-10550
YUASA NPX150RFR
20
Mar - 2008
P07-10187
Sprinter S12V500F
20
Mar - 2008
P07-10186
Sprinter S12V500F
20
Mar - 2008
B184342
DEKA UNIGY
U1HR1500
Technologies Power
Solution – Model UPS
12-370
C&D Technologies –
UPS12-100MR
40
Sept - 2011
40
April - 2012
24
Aug - 2008
72
Nov - 2010
P07-10090
Energy Storage
Technologies –
HR12-210
2.5.5
Battery replacements will be paid at the price bid for the appropriate line item for
battery replacement for the applicable size and type of unit.
2.5.6
All batteries identified for replacement shall be managed and disposed in
accordance with all applicable Federal, State, and local environmental
regulations. It is preferred that, wherever feasible, all disposed batteries shall be
recycled.
2.5.7
All records documenting the proper transport and disposal of the replacement
batteries shall be sent to the following:
Paul J. Truntich, Jr., Environmental Manager
1200 Frankfurst Avenue
UPS Maintenance
2.6
2.7
2.5.8
Payment for newly installed batteries will not be approved without submittal and
subsequent approval by the MDTA of all documents relating to the proper
transport and disposal of the old batteries.
2.5.9
Battery replacement is based on need. There is no guarantee regarding the
quantity of battery replacements over the life of this contract and prices shall not
be adjusted based on underrun or overrun of the estimated quantities for
batteries. Specifically Section 35, Variations in Estimating Quantities in the
MDOT General Conditions for Maintenance Contracts shall not apply to battery
quantities.
PREVENTIVE MAINTENANCE
2.6.1
Wherever the requirements of the preventive maintenance specifically call for
the replacement or addition of parts or a specific action (e.g., air filters,
desiccant), those parts or actions must be considered inclusive in the unit prices
for preventive maintenance as quoted on the SOP. All parts and services except
battery replacements required to maintain the UPS in safe and reliable operation
shall be incidental to preventive maintenance line items.
2.6.2
Upon completion of the preventive maintenance visit, the Contractor shall
submit a written report detailing the preventive maintenance completed and any
repairs that have been rendered. The report shall contain a checklist showing that
all items in the specifications have been addressed during the preventive
maintenance visit.
GENERAL REQUIREMENTS FOR MAINTENANCE
2.7.1
The Contractor shall provide 24/7 emergency response support within four (4)
hours from contact as often as required. This will require the Contractor to
conduct a site visit to the UPS system to investigate, troubleshoot, and resolve
the reported issue with the UPS system. This support shall include all materials
and labor for emergency service.
2.7.1.1 An emergency service is required whenever:
2.7.1.1.1
An email alert from any UPS covered in the contract
indicating a battery fault or that the UPS is not functioning
correctly. This shall include loss of communications due to
issues within the UPS and loss of accurate reporting
through the web interface.
2.7.1.1.2
Any time a UPS goes off-line or is not protecting the load
for any cause other than a planned maintenance activity.
UPS Maintenance
2.7.1.2 For an emergency response, the following shall occur when performing
an emergency response:
2.7.1.2.1
2.7.1.2.2
2.7.1.2.3
The Contractor shall receive a ticket via email from MDTA
operations reporting the nature of the problem and
requesting emergency service.
The Contractor shall visit the site to trouble shoot and
repair the problem.
A work ticket shall be generated by the Contractor detailing
the findings and repair status of the UPS.
2.7.1.3 All materials shall be provided by the manufacturer of the module in
question.
2.7.1.4 Emergency response work shall be coordinated with and reported back to
the MDTA.
2.7.1.5 If repairs are required, all emergency repairs shall be completed within
four (4) calendar days.
2.8
2.7.2
The Contractor shall also include all labor and materials as required for
upgrading the systems to current versions of hardware, software and firmware
where such upgrades are necessary to maintain the UPS in reliable working
condition.
2.7.3
It shall be the responsibility of the Contractor to coordinate and schedule all
maintenance visits with the Authority. These visits shall be on regular dates
yearly and semi annually as described above. Visits shall be coordinated at least
seven (7) days in advance with the Authority.
2.7.4
The Contractor shall maintain ISO9000 (International Organization of Standard)
registration in field service.
2.7.5
The Contractor shall coordinate all instances of switching to Bypass with the
Authority. Care shall be taken to eliminate all interruptions of power to critical
loads served by modules. During and after maintenance and trouble shooting,
the Contractor shall not leave modules in Bypass mode for extended periods of
time (longer than one business day).
QUALIFICATIONS OF BIDDERS
2.8.1
The following minimum qualifications must be met in order for a bidder to be
considered for award. Proof of the qualification shall be required at the time of
the bid opening. Failure to provide such proof shall be just cause for rejection of
the bid and being deemed not responsive or responsible.
UPS Maintenance
2.8.1.1 The Contractor shall provide testing and maintenance personnel who
have been factory trained and certified for each make, model, and
manufacturer involved with this contract. Copies of certification shall be
provided to the MDTA; or
2.8.1.2 The Contractor must adequately demonstrate to the MDTA’s Project
Manager that the Contractor’s technicians are qualified to repair,
configure and troubleshoot the UPSs listed in the solicitation without
being certified by the manufacturer.
2.8.1.3 The Contractor, as an organization, must have a minimum of five (5)
years successful experience maintaining similar UPS systems for multiple
clients or Prospective bidders with less than the stated number of years of
experience must provide supporting documentation demonstrating their
capabilities to perform the type of services outlined in this solicitation. e.g.,) references of comparable, size and scope; financial statement(s)
certified by a licensed CPA to demonstrate financial ability; principal
experience and education; certification; etc.
2.8.1.4 Contractor must be registered /licensed with the Maryland Department of
Labor Licensing and Registration (DLLR) at the time bid submittal.
Proof must be provided.
2.8.1.4.1
Documentation must be submitted with the bid package.
2.8.1.4.2
Documentation must meet the approval of the MDTA
Project Manager.
2.8.1.5 Contractor must demonstrate and provide documentation to have the
ability to provide 24/7 service and have a response time within four (4)
hours to any MDTA’s locations.
2.8.2
2.9
The Contractor must submit at least three references for whom the Contractor
has performed similar work during the past three years. References must contain
a contact individual, telephone number, date when work was performed, and
narrative describing services.
LOCATIONS & CONTACT PERSON
2.9.1
The following list is where the UPS modules are located and contact information
is provided for site visits and as point of contact for service calls:
Francis Scott Key Complex
304 Authority Drive
Baltimore MD 21222
Attn: Tim Long
410-537-1238 (o)
410-979-4326 (c)
Baltimore Harbor Tunnel Complex
1200 Frankfurst Avenue
Baltimore MD 21226
Attn: Tim Long
410-537-1238 (o)
410-979-4326 (c)
UPS Maintenance
Fort McHenry Tunnel Complex
4000 Leland Avenue
Baltimore MD 21224
Attn: Tim Long
410-537-1238 (o)
410-979-4326 (c)
JFK Administration Building
One Turnpike Highway
Perryville, MD, 21903-2219
Attn: Don Crain
410-537-1114 (o)
410-979-5918 (c)
Thomas J. Hatem Administration Building
6000 Pulaski Hwy
Perryville, MD, 21903
Attn: Don Crain
410-537-1114 (o)
410-979-5918 (c)
All Facilities Point of Contact
Attn: Dave Dikes
410-537-1096 (o)
443-829-5112 (c)
2.9.2
Bay Bridge Complex
850 Revell Highway
Annapolis, MD 21401
Attn: Orlando Angeli
410-537-6663 (o)
410-979-4409 (c)
Harry W. Nice Bridge
9665 Orland Park Road
Newburg, MD 20664
Attn: Orlando Angeli
410-537-6663 (o)
410-979-4409 (c)
Intercounty Connector (ICC)
Deckover
MD 200 Westbound (Mile Marker 4.4)
Near Old Mill Run
Redland, MD 20855
Attn: Tim Long
410-537-1238 (o)
410-979-4326 (c)
Any failure by the Contractor to become acquainted with the various locations
and the available information may not relieve the Contractor from the
responsibility for estimating properly the difficulty or cost of successfully
performing the work. The Authority assumes no responsibility for any
conclusions or interpretations made by the Contractor on the basis of the
information made available by the Authority.
UPS Maintenance
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
Attachment H:
Attachment I:
Attachment J:
Pictures & Locations
Schedule of Prices
Bid/ Proposal Affidavit
Living Wage Affidavit
Living Wage FAQs
Contract Affidavit
Prompt Payment Guidelines
MDOT Terms & Conditions for Maintenance
Signature Guidelines
Test Report
Notes:


Test report shall include the minimum requirements; see Section 2.4 General
Maintenance and Testing Requirements.
Test report shall be followed by Section 5.4 of the ANSI/NETA - 2011, see
attachment J.
UPS Maintenance
ATTACHMENT A
LOCATIONS & PICTURES
UPS Maintenance
J.F.K. Administration Building
1 Turnpike Drive, Perryville, MD 21903
UPS Maintenance
T.J. Hatem Bridge Administration Building
6000 Pulaski Highway, Perryville, MD 21903
UPS Maintenance
W.P.L. Bay Bridge Administration Building
850 Revell Highway, Annapolis MD 21401
UPS Maintenance
W.P.L. Bay Bridge Police Maintenance Building
881 Oceanic Drive, Annapolis, Maryland 21401
UPS Maintenance
W.P.L. Bay Bridge Police Building RM140
881 Oceanic Drive, Annapolis, Maryland 21401
UPS Maintenance
Baltimore Harbor Tunnel Administration Building
1200 Frankfurst Avenue, Baltimore MD 21226
UPS Maintenance
Baltimore Harbor Tunnel Fairfield Building
1700 Frankfurst Avenue, Baltimore MD 21226
UPS Maintenance
Fort McHenry Tunnel Administration Building
3930 Leland Avenue, Baltimore MD 21224
UPS Maintenance
Fort McHenry Tunnel East Vent Building
2301 South Clinton Street, Baltimore MD 21224
UPS Maintenance
Francis Scott Key Bridge Administration Building
303 Authority Drive, Baltimore, MD 21222
UPS Maintenance
H.W. Nice Bridge Administration Building
U.S. Route 301 South, Newburg, MD 20664
UPS Maintenance
Intercounty Connector (ICC) Toll Road Westbound/Deckover
(Mile Marker 4.4 – Near Olde Mill Run, Redland, MD20855)
UPS Maintenance
ATTACHMENT B
CONTRACTOR’S SCHEDULE OF PRICES:
Company Name & Address
|
City
|
State
Phone
Fax
Zip
Email
Made this _______________day of ______________________________, 2012
Is Company a certified “Maryland Department of Transportation (MDOT)” Minority Business Enterprise?
YES
NO
If YES – Provide MDOT MBE certification number:
Is Company qualified in the Small Business Reserve Program (SBR)?
YES
NO
If Yes – Provide qualified SBR number:
The undersigned agrees to furnish all necessary labor, parts, materials, equipment, transportation, supervision and
insurance necessary to provide maintenance and testing services for several 3 phase uninterruptible power supplies
used for toll equipment throughout the Authority in accordance with the attached specifications and other contract
documents herein and complete this work for the prices listed below:
UPS Maintenance
LINE
ITEM
UNIT PRICE
DESCRIPTION
2
$
(Contingent) Each Replacement Battery for MGE
Galaxy 3000 15KVA UPS with (20) YUSAS
NPX150FR Batteries or Approved Equal
$
20
$
Galaxy 3000 30 KVA UPS with (20) Sprinter
S12V285F Batteries or Approved Equal
$
20
$
Galaxy 4000 50KVA UPS with (20) Sprinter
S12V500F Batteries or Approved Equal
$
20
$
Galaxy 4000 50KVA UPS with (40) Model
UPS12-370 Batteries or Approved Equal.
$
40
$
(Contingent) Each Replacement Battery for
Chloride EDP70S 50KVA UPS with (40) YUASA
NP38-121 Batteries or Approved Equal
$
40
$
(Contingent) Each Replacement Battery for Libert
NXb 15 15KVA UPS with (24) C&D Technology
UPS12-100MR Batteries or Approved Equal
$
24
$
$
72
$
Per Calendar Year of Preventative Maintenance for
All Authority Locations.
2)
4)
5)
6)
7)
8)
TOTAL
$
1)
3)
ESTIMATED
QUANTITY
Galaxy 5000 100KVA UPS with (72) Energy
Storage Technologies HR12-210 Batteries or
Approved Equal.
Note: Batteries are replace on “as-needed basis” only and shall be considered as a contingent item.
TOTAL CONTRACT AMOUNT FOR TWO (2) YEARS
(Sum of Line Items 1 thru 8)
$_____________________
Total Contract Amount Written in Words
COMPANY:
SIGNATURE
Print Name:
SOCIAL SECURITY NO. OR
FEDERAL TAX ID NO.
PHONE:
DATE:
THIS IS A TWO YEAR CONTRACT WITH NO RENEWAL.
THE MARYLAND TRANSPORTATION AUTHORITY RESERVES THE RIGHT TO REJECT ANY AND
ALL BIDS IN WHOLE OR IN PART.
ATTACHMENT C
21.05.08.07
.07 Bid/Proposal Affidavit.
A. Each solicitation shall provide notice that the affidavit in §B of this regulation shall be completed and
submitted to the procurement agency with the vendor's bid or offer.
B. Mandatory Solicitation Addendum. The solicitation addendum shall be in substantially the same form
as follows:
BID/PROPOSAL AFFIDAVIT
A. AUTHORITY
I HEREBY AFFIRM THAT:
I, ________________________ (print name), possess the legal authority to make this Affidavit.
B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION
The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing
its bid on this project, the bidder has considered all proposals submitted from qualified, potential
subcontractors and suppliers, and has not engaged in "discrimination" as defined in §19-103 of the State
Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any
disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial
treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion,
ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any
otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's
employees or owners. "Discrimination" also includes retaliating against any person or other entity for
reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this
project, it is understood that, if the certification is false, such false certification constitutes grounds for the
State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based
on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past
4 years where there has been a final adjudicated determination in a legal or administrative proceeding in
the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or
commercial customers, and a description of the status or resolution of that determination, including any
remedial action taken. Bidder agrees to comply in all respects with the State's Commercial
Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the
Annotated Code of Maryland.
B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.
The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority
Business Enterprise Law, State Finance and Procurement Article, §14-308(a)(2), Annotated Code of
Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a
certified minority business enterprise in a bid or proposal and:
(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business
enterprise to identify the certified minority proposal;
(2) Fail to notify the certified minority business enterprise before execution of the contract of its
inclusion in the bid or proposal;
Effective 8/8/2011
ATTACHMENT C
(3) Fail to use the certified minority business enterprise in the performance of the contract; or
(4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal.
Without limiting any other provision of the solicitation on this project, it is understood that if the
certification is false, such false certification constitutes grounds for the State to reject the bid submitted by
the bidder on this project, and terminate any contract awarded based on the bid.
C. AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in
Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or
any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved
in the business's contracting activities including obtaining or performing contracts with public bodies has
been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article,
§6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted
bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal
law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction,
plea, or imposition of probation before judgment with the date, court, official or administrative body, the
sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities
with the business):
____________________________________________________________
____________________________________________________________
___________________________________________________________.
D. AFFIRMATION REGARDING OTHER CONVICTIONS
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its
officers, directors, partners, controlling stockholders, or any of its employees directly involved in the
business's contracting activities including obtaining or performing contracts with public bodies, has:
(1) Been convicted under state or federal statute of:
(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private
contract; or
(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen
property;
(2) Been convicted of any criminal violation of a state or federal antitrust statute;
(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the
Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18
U.S.C. §1341 et seq., for acts in connection with the submission of bids or proposals for a public or
Effective 8/8/2011
ATTACHMENT C
private contract;
(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State
Finance and Procurement Article of the Annotated Code of Maryland;
(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the
Annotated Code of Maryland;
(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for
conviction or liability under any law or statute described in subsections (1)—(5) above;
(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection
with the submission of bids or proposals for a public or private contract;
(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy
under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with
regard to a public or private contract; or
(9) Admitted in writing or under oath, during the course of an official investigation or other proceedings,
acts or omissions that would constitute grounds for conviction or liability under any law or statute
described in §§B and C and subsections D(1)—(8) above, except as follows (indicate reasons why the
affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment
with the date, court, official or administrative body, the sentence or disposition, the name(s) of the
person(s) involved and their current positions and responsibilities with the business, and the status of any
debarment):
____________________________________________________________
____________________________________________________________
___________________________________________________________.
E. AFFIRMATION REGARDING DEBARMENT
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its
officers, directors, partners, controlling stockholders, or any of its employees directly involved in the
business's contracting activities, including obtaining or performing contracts with public bodies, has ever
been suspended or debarred (including being issued a limited denial of participation) by any public entity,
except as follows (list each debarment or suspension providing the dates of the suspension or debarment,
the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and
their current positions and responsibilities with the business, the grounds of the debarment or suspension,
and the details of each person's involvement in any activity that formed the grounds of the debarment or
suspension).
____________________________________________________________
____________________________________________________________
___________________________________________________________.
Effective 8/8/2011
ATTACHMENT C
F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES
(1) The business was not established and it does not operate in a manner designed to evade the application
of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and
Procurement Article of the Annotated Code of Maryland; and
(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business,
except as follows (you must indicate the reasons why the affirmations cannot be given without
qualification):
____________________________________________________________
____________________________________________________________
___________________________________________________________.
G. SUB-CONTRACT AFFIRMATION
Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly
entered into a contract with a public body under which a person debarred or suspended under Title 16 of
the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or
indirectly, supplies, services, architectural services, construction related services, leases of real property,
or construction.
H. AFFIRMATION REGARDING COLLUSION
Neither I, nor to the best of my knowledge, information, and belief, the above business has:
(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the
compilation of the accompanying bid or offer that is being submitted;
(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or
price proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of
free competitive bidding in connection with the contract for which the accompanying bid or offer is
submitted.
I. CERTIFICATION OF TAX PAYMENT
Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State
of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State
Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as
applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.
J. CONTINGENT FEES
Effective 8/8/2011
ATTACHMENT C
The business has not employed or retained any person, partnership, corporation, or other entity, other than
a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for
the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any
person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona
fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the
making of the Contract.
K. ACKNOWLEDGEMENT
I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be
distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of
Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is
subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that
nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be
construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the
State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the
Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the
obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2)
the contract, and (3) other Affidavits comprising part of the contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION, AND BELIEF.
Date: _______________________
By: __________________________________ (print name of Authorized Representative and Affiant)
___________________________________ (signature of Authorized Representative and Affiant)
Effective 8/8/2011
ATTACHMENT D
Affidavit of Agreement
Maryland Living Wage Requirements-Service Contracts
Contract No. ________________________________
Name of Contractor _______________________________________________________
Address_________________________________________________________________
City_________________________________ State________ Zip Code_______________
If the Contract is Exempt from the Living Wage Law
The Undersigned, being an authorized representative of the above named Contractor, hereby
affirms that the Contract is exempt from Maryland’s Living Wage Law for the following reasons
(check all that apply):




Bidder/Offeror is a nonprofit organization
Biddder/Offeror is a public service company
Bidder/Offeror employs 10 or fewer employees and the proposed contract
value is less than $500,000
Bidder/Offeror employs more than 10 employees and the proposed
contract value is less than $100,000
If the Contract is a Living Wage Contract
A.
The Undersigned, being an authorized representative of the above named Contractor,
hereby affirms our commitment to comply with Title 18, State Finance and Procurement
Article, Annotated Code of Maryland and, if required, to submit all payroll reports to the
Commissioner of Labor and Industry with regard to the above stated contract. The
Bidder/Offeror agrees to pay covered employees who are subject to living wage at least
the living wage rate in effect at the time service is provided for hours spent on State
contract activities, and to ensure that its subcontractors who are not exempt also pay the
required living wage rate to their covered employees who are subject to the living wage
for hours spent on a State contract for services. The Contractor agrees to comply with,
and ensure its Subcontractors comply with, the rate requirements during the initial term
of the contract and all subsequent renewal periods, including any increases in the wage
rate established by the Commissioner of Labor and Industry, automatically upon the
effective date of the revised wage rate.
Advisory 2007-1
Attachment D
12/10/07
ATTACHMENT D
Affidavit of Agreement
Maryland Living Wage Requirements-Service Contracts
B. _____________________(initial here if applicable) The Bidder/Offeror affirms it has no
covered employees for the following reasons: (check all that apply):



The employee(s) proposed to work on the contract will spend less than
one-half of the employee’s time during any work week on the contract
The employee(s) proposed to work on the contract is 17 years of age or
younger during the duration of the contract; or
The employee(s) proposed to work on the contract will work less than 13
consecutive weeks on the State contract.
The Commissioner of Labor and Industry reserves the right to request payroll records and other
data that the Commissioner deems sufficient to confirm these affirmations at any time.
Name of Authorized Representative: _______________________________________
_____________________________________________________________________
Signature of Authorized Representative
Date
_____________________________________________________________________
Title
_____________________________________________________________________
Witness Name (Typed or Printed)
______________________________________________________________________
Witness Signature
Date
Advisory 2007-1
Attachment D
12/10/07
ATTACHMENT E
MARYLAND’S LIVING WAGE
FREQUENTLY ASKED QUESTIONS
--------------------------------------------------------------------------------------------------------------------1.
What is the Living Wage?
Governor Martin O’Malley signed a bill into law establishing Maryland’s Living Wage.
The new law is effective as of October 1, 2007. The Living Wage Law requires certain
contractors and subcontractors to pay minimum wage rates to employees working under certain
State services contracts. The Living Wage Law will require the payment of the living wage of
either $11.30 per hour or $8.50 per hour, depending upon the jurisdiction where the services are
performed. The State Living Wage does not apply to county and municipal contracts although
some local governments such as Montgomery County and Baltimore City have their own living
wage requirements. This law applies prospectively only to contracts awarded after October
1, 2007.
2.
How is a Living Wage different from the current Prevailing Wage Law?
The long-established prevailing wage applies to contractors and subcontractors under
government public works contracts over $500,000 when State public funds are used to provide
50% or more of the funds for the construction of any project. The Living Wage applies to most
services contracts, including maintenance contracts. Like the Living Wage, the Prevailing Wage
is set annually by the Commissioner of Labor and Industry.
3.
Does the Living Wage apply to all types of State services contracts?
No. The Living Wage Law applies to State services contracts and subcontracts for
services under Title 21 awarded on or after October 1, 2007. The procurement regulations define
a contract for “services” as one for “the rendering of time, effort, or work rather than the
furnishing of a specific physical product other than reports incidental to the required
performance.” The term “service contract” includes maintenance services, information
technology services, but does not include construction, construction-related services,
architectural and engineering services, energy performance contracts, supplies (including
commodities), real property, or the purchase of goods.
4.
What State service contracts are exempt from the Living Wage Law?
The Living Wage Law exempts State service contracts that are:
 under $100,000 in value;
 under $500,000 in value if the contractor has 10 or fewer employees;
 for services needed immediately to prevent or respond to imminent threat to
health or safety;
 less than 13 weeks in duration;
 with a public service company;
 with a non-profit organization;
 between units (interagency agreements); or
 between a unit and a county or Baltimore City.
public
ATTACHMENT E
The Living Wage Law exempts State service contracts where application of the Title
would conflict with federal program requirements.
Agencies exempt from State procurement law, such as the University System, Morgan
State University, and the Stadium Authority, are not required to comply with the Living Wage
laws (see State Finance and Procurement Article, §11-203, Maryland Code).
Assuming that the contract value and number of employee thresholds are met, contracts
subject to the Living Wage include:
 sole source services contracts;
 services contracts acquired through competitive sealed proposals, competitive sealed
bidding, negotiated award after unsatisfactory competitive sealed bidding, expedited
procurements, and non-competitive negotiated procurement of Human, Social or
Educational Services;
 unsolicited proposals for health or human services, educational services, or business
and economic development services; and
 Intergovernmental cooperative purchasing agreements when sponsored by a Maryland
agency.
5.
Are options that occur on or after October 1, 2007 covered by the Living Wage Law if
the original (base) contract was approved prior to October 1, 2007?
No. The law applies prospectively and applies to contracts awarded after October 1,
2007.
6.
When is a prime contractor covered by the Living Wage Law?
A contractor with more than 10 employees is covered when the State contract for services
is valued at $100,000 or more. A contractor with 10 or fewer employees is only covered when
the State contract for services is valued at $500,000 or more.
7.
When is a subcontractor covered by the Living Wage Law?
A subcontractor is only covered if the prime contractor for the State contract for services
at issue is covered, and:
 The subcontractor has more than 10 employees and is performing services on a State
contract for services valued at $100,000 or more; or
 A subcontractor has 10 or fewer employees and is performing services on a State
contract for services valued at $500,000 or more.
8.
How is contract value determined?
Contract value is determined by adding the value of the base period plus all option
periods.
ATTACHMENT E
9.
What about a contractor (or subcontractor) that is not initially covered because of the
value of the contract, but, due to a modification or change order, the contract value is
increased and then exceeds the value thresholds?
A contractor or subcontractor that is not initially covered due to value (e.g., a contract of
$75,000) remains exempt. An agency may not artificially divide a procurement to avoid
application of the Living Wage Law.
10.
What about a contractor (or subcontractor) that is not initially covered because the
contractor (or subcontractor) has 10 or fewer employees, but that subsequently hires an 11th
employee?
A contractor/subcontractor that is not initially covered due to number of employees
remains exempt on that contract.
11.
In determining whether an employer has 10 or fewer employees, are part time
employees included? In other words, is an employer with 5 full time and 6 part time employees
covered?
Part time positions will be added to equate to full time equivalents (FTEs). A 40 hour
week will be used as the standard, unless the contractor provides evidence that they define full
time by a lower number of hours (e.g., 35 hours). For example, under a 40 hour work week, two
individuals working 20 hours each equate to one FTE.
12.
Which employees must be paid a living wage?
Covered prime contractors and covered subcontractors must pay the living wage to
employees who:
 are 18 years old, or will turn 18 during the contract;
 work at least 13 consecutive weeks on the contract; and
 work at least one-half of their time during any week on the State contract.
13.
For employees who turn 18 during the contract term, are they to receive a living wage
from day one of the contract (before they turn 18) or from the day they turn 18?
Living wage applies from the start of the contract or the start of employment (whichever
is later) for those covered employees who are under 18 but are anticipated to turn 18 while they
are still employed on the contract.
14.
For covered employees, must they be paid living wage for those hours they are not
working on State contract business?
No. Living wage must be paid only for those hours spent on State contract business.
15.
What are the wage rates?
There are two wage “tiers” established in Maryland - Tier 1 includes Montgomery
ATTACHMENT E
County, Prince George’s County, Howard County, Baltimore County, Baltimore City, and Anne
Arundel County. Tier 2 is comprised of the counties not included in Tier 1. The living wage rate
for Tier 1 is $11.30 per hour, and the rate for Tier 2 is $8.50 per hour.
16.
What if my business has operations in areas with two different wage tiers? Which rate
should I pay?
The wage tier is determined by the area where services valued at 50% or more of the total
contract value is performed. For example, if 45% of contracted services are performed in a Tier 1
area and 55% of the services are performed in a Tier 2 area, the wage for all eligible employees
is Tier 2 because Tier 2 is the region where 50% or more (55%) of the services are performed.
17.
What if my business has all of its operations out of state? Am I required to pay the
Maryland Living Wage?
If the employees who perform the services are not located in either Tier 1 or Tier 2, the
procurement officer will assign the tier(s) based upon where the majority of the recipients of the
services are located.
18.
What are the possible adjustments to the Living Wage?
The Commissioner of Labor and Industry is in charge of annually adjusting the living
wage rates based upon the consumer price index for the previous calendar year. An employer
may commit in its bid or proposal that it will provide health insurance and may reduce the living
wage by all or part of the hourly cost of the employer’s share of the premium. An employer may
also reduce the living wage by no more than 50 cents of the hourly cost of the employer’s
contribution to an employee’s deferred compensation plan.
19.
How is the annual rate adjustment calculated?
Each year within 90 days of July 1, the Commissioner of Labor and Industry will adjust
the Living Wage rate by the annual average increase or decrease, if any, in the consumer price
index (CPI) for all urban consumers for the Washington-Baltimore metropolitan area or any
successor index for the previous calendar year. In determining the annual average increase or
decrease, the Commissioner of Labor and Industry will determine the percentage change in the
level of the CPI from one year to the next.
20.
What are the contractor and subcontractor obligations when the living wage increases?
During the term of the contract contractors and subcontractors must pay the living wage
in effect, including any living wage increase, from the date of such increase.
21.
If the living wage increases during the term of a contract, can the contractors submit a
request for a contract price increase?
No. Bidders/Offerors typically have to project inflation costs over the term of multi-year
contracts; this is simply another situation of when they will have to do that. Moreover, if a
contract includes a provision for price revision based upon changes in the Consumer Price Index
(CPI), since changes in the living wage are indexed to changes in the CPI, a CPI adjustment
would automatically allow for recouping some/all of the living wage adjustment.
ATTACHMENT E
22.
How will the Commissioner determine if the employer’s deduction for health insurance
is appropriate?
The Commissioner of Labor and Industry will require that an employer who deducts the
hourly cost of the employer’s share of an employee’s health insurance premium from an
employee to submit documentation of the employer’s cost and proof of payment for each
employee under the health insurance plan, the methodology that the employer uses to determine
the hourly amount of health insurance deduction for each employee, documentation of the
employee’s insurance election, and copies of payroll records. From this information, the
Commissioner will first determine the cost per employee for health insurance, and then audit the
payroll records to verify that the deductions are appropriate.
23.
Who is required to report payroll records?
Any employer with a State contract for services subject to the Living Wage law is
required to submit payroll records for all employees performing work in connection with that
State contract for services. Each contractor is responsible for ensuring that the subcontractors’
payroll records are submitted in a timely manner.
24.
For which employees is the employer required to submit payroll data?
Any employer with a State contract for services subject to the Living Wage law is
required to submit payroll records (including the data required by COMAR 21.11.10.05(D)) for
all employees who perform work in connection with the State contract for services, even those
who are under 18 years old, spend less than one-half of the employee’s time performing work on
the contract, may work less than 13 consecutive weeks and full time on the State contract for
services, or who are currently being paid more than the living wage rate.
25.
When must the employer submit the payroll records?
An employer required to submit payroll records must do so within 14 days after the end
of each payroll period.
26.
What data, other than payroll records, is the employer required to report?
Any employer with a State contract for services subject to the Living Wage law who
reduces the wages paid to its employees covered by the Living Wage based upon the employer’s
share of the health insurance premium must provide documentation to support the deduction as
well as documentation reflecting the employee’s authorization of the deduction, as detailed in
COMAR 21.11.10.05(A). The employer must also provide a list of the three most commonly
used languages at the worksite, a copy of the Commissioner’s “Subcontractor and Employee
Information Form” and other information required by the Commissioner.
27.
For Task Order Master Contracts awarded on/after October 1, 2007, do the Living
Wage Law standards apply to the Master Contract or at the Task Order level?
The Living Wage Law applies on a Task Order basis. Each Task Order stands alone.
ATTACHMENT E
28.
How do Living Wage Law standards apply to multiple award indefinite quantity
contracts?
For multiple award indefinite quantity contracts, the projected total award amount over
the life of the contract may trigger Living Wage standards for contractors and should be
disclosed to vendors prior to bid/offer submission. When the projected value of the contract is
less than $100,000 then the Living Wage Law does not apply. When the projected value of the
contract is $500,000 then the Living Wage applies to all contractors and subcontractors for all
services provided. When the projected value of the contract is $100,000 or more, but less than
$500,000, then the Living Wage applies to contractors and subcontractors for services with more
than 10 employees.
29.
What do we do with bids conducted without living wage language and which have been
publicly opened but contracts will not be awarded until October 1 or after?
A.
Allow the low bidder the opportunity to retain the award at the existing low-bid
price if it agrees to meet the Living Wage Law requirements within its price. In
this case, the agency should amend the contract to include the Living Wage Law
language for Sole Source contracts.
B.
If the low bidder will not meet the Living Wage Law requirements at its existing
low-bid price, the agency should:
 re-bid;
 if there is no time to re-bid, then the agency may use the Negotiated Award
After Unsuccessful Sealed Bidding method. In this case the agency would
notify all responsible bidders who submitted responsive bids of the Living
Wage Law requirements and allow them to submit a new bid incorporating the
Living Wage Law requirements; or
 In extraordinary circumstances, an agency may even consider making an
emergency award. Emergency awards are exempt from the Living Wage Law.
30.
What do we do with competitive sealed proposals that have been conducted without the
Living Wage Law language and for which proposals have been received?
A.
If no selection has been made (i.e., no offeror has been notified that it has been
recommended for award), the agency should amend the Request for Proposals to
include the Living Wage Law requirements and request a Best and Final Offer.
B.
If an offeror has been notified that it has been selected for award, regardless of
whether prices have been disclosed to any offeror, the selected offeror should be
provided an opportunity to agree to meet the Living Wage Law requirements at its
current financial offer price.
 If the selected offeror agrees to meet the Living Wage Law requirements within
its current financial offer, the contract should be amended to include the Living
Wage Law language for Sole Source contracts.
 If the selected offeror does not agree to meet the Living Wage Law
ATTACHMENT E
requirements within its current financial offer, the Request for Proposal should be
amended to include the Living Wage Law requirements with a Best and Final
Offer requested from all offerors.
31.
If a bidder does not submit the required Living Wage affidavit with a bid, is it treated
as an issue of responsiveness (not curable) or as an issue of responsibility (is curable)?
Failure to submit a properly completed Living Wage affidavit should be treated as an
issue of responsibility, even for a bid. The bidder or offereor is merely being asked to
acknowledge its responsibility to comply with the law. Therefore, an agency may allow a bidder
to submit the required affidavit after bid opening as long as it is done within a timely fashion. If a
bidder is advised that it omitted the affidavit but still does not provide the affidavit within a
reasonable time, as determined by the agency, the bidder may be determined to not be
responsible and the agency has the option of collecting on the bid bond.
32.
What role do State Agencies have in implementing the Living Wage and how will
contractors know whether a State solicitation is subject to the Living Wage Laws?
If the procurement officer determines the Living Wage is applicable, the State agency
will include Living Wage requirements in the solicitation including which wage tiers apply. The
procurement officer for each State Agency subject to the Living Wage will make a determination
if more than 50% of the total value of the contract services will be performed in the Tier 1 area
or in the Tier 2 area.
33. Who is responsible for enforcement of the Living Wage Law?
The Commissioner of Labor and Industry is in charge of enforcement. If there is a
violation of the Living Wage Law, the Commissioner can order restitution to each affected
employee as well as damages. Employees also have the right to sue to recover wages.
34.
How will DLLR be notified that a living wage contract has been awarded? 7
Remember, when the contract value is less than $100,000 the Living Wage Law does not
apply. When the contract value is $500,000, then the Living Wage Law applies to all contractors
and subcontractors for services. When the contract value is $100,000 or more, but less than
$500,000, then the Living Wage Law applies to contractors and subcontractors for services with
more than 10 employees. When entering contract information concerning a services contract into
eMarylandmarketplace, procurement officers will indicate whether the contract is potentially
subject to the Living Wage Law and complete the requested information.
35.
Who can I contact for additional information about the Living Wage Law?
The Maryland Department of Labor, Licensing, and Regulation is responsible for
establishing the wage rates and ensuring compliance with the laws. General information on the
Living Wage Law is available on the DLLR website: http://www.dllr.state.md.us/ Richard
Avallone, program manager of the Employment Standards Unit, may be reached at (410) 7672358 or [email protected]. Questions regarding the application of the Living Wage Law
relating to a particular procurement should be directed to the procurement officer named in the
ATTACHMENT E
solicitation. General procurement questions may be directed to the Board of Public Works at
410-260-7335 (local) or toll-free number 1-877-591-7320.
ATTACHMENT F
21.07.01.25
.25 Contract Affidavit.
Mandatory contract addendum. The contract addendum shall be in substantially the same form
as follows:
A. AUTHORITY
I HEREBY AFFIRM THAT:
I, ________________________ (print name), possess the legal authority to make this
Affidavit.
B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION
The business named above is a (check applicable box):
(1) Corporation — domestic or foreign;
(2) Limited Liability Company — domestic or
(3) Partnership — domestic or foreign;
(4) Statutory Trust — domestic or foreign;
(5) Sole Proprietorship.
foreign;
and is registered or qualified as required under Maryland Law. I further affirm that the above
business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where
it is presently organized, and has filed all of its annual reports, together with filing fees, with the
Maryland State Department of Assessments and Taxation. The name and address of its resident
agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:
Name and Department ID
Number:_____________________________Address:__________________________
and that if it does business under a trade name, it has filed a certificate with the State Department
of Assessments and Taxation that correctly identifies that true name and address of the principal
or owner as:
Name and Department ID
Number:_____________________________Address:__________________________
C. FINANCIAL DISCLOSURE AFFIRMATION
I am aware of, and the above business will comply with, the provisions of State Finance and
Procurement Article, §13-221, Annotated Code of Maryland, which require that every business
Effective 8/8/2011
ATTACHMENT F
that enters into contracts, leases, or other agreements with the State of Maryland or its agencies
during a calendar year under which the business is to receive in the aggregate $100,000 or more
shall, within 30 days of the time when the aggregate value of the contracts, leases, or other
agreements reaches $100,000, file with the Secretary of State of Maryland certain specified
information to include disclosure of beneficial ownership of the business.
D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I am aware of, and the above business will comply with, Election Law Article, §§14-101 —
14-108, Annotated Code of Maryland, which requires that every person that enters into contracts,
leases, or other agreements with the State of Maryland, including its agencies or a political
subdivision of the State, during a calendar year in which the person receives in the aggregate
$100,000 or more shall file with the State Board of Elections a statement disclosing contributions
in excess of $500 made during the reporting period to a candidate for elective office in any
primary or general election.
E. DRUG AND ALCOHOL FREE WORKPLACE
(Applicable to all contracts unless the contract is for a law enforcement agency and the agency
head or the agency head’s designee has determined that application of COMAR 21.11.08 and
this certification would be inappropriate in connection with the law enforcement agency’s
undercover operations.)
I CERTIFY THAT:
(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this
certification.
(2) By submission of its bid or offer, the business, if other than an individual, certifies and
agrees that, with respect to its employees to be employed under a contract resulting from this
solicitation, the business shall:
(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;
(b) Publish a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is
prohibited in the business' workplace and specifying the actions that will be taken against
employees for violation of these prohibitions;
(c) Prohibit its employees from working under the influence of drugs or alcohol;
(d) Not hire or assign to work on the contract anyone who the business knows, or in the
exercise of due diligence should know, currently abuses drugs or alcohol and is not actively
engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;
(e) Promptly inform the appropriate law enforcement agency of every drug-related crime
that occurs in its workplace if the business has observed the violation or otherwise has reliable
information that a violation has occurred;
Effective 8/8/2011
ATTACHMENT F
(f) Establish drug and alcohol abuse awareness programs to inform its employees about:
(i)
The dangers of drug and alcohol abuse in the workplace;
(ii)
The business's policy of maintaining a drug and alcohol free workplace;
(iii) Any available drug and alcohol counseling, rehabilitation, and employee
assistance programs; and
(iv)
The penalties that may be imposed upon employees who abuse drugs and
alcohol in the workplace;
(g) Provide all employees engaged in the performance of the contract with a copy of the
statement required by §E(2)(b), above;
(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition
of continued employment on the contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an
offense occurring in the workplace not later than 5 days after a conviction;
(i) Notify the procurement officer within 10 days after receiving notice under
§E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving
actual notice of a conviction, impose either of the following sanctions or remedial measures on
any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:
(i) Take appropriate personnel action against an employee, up to and including
termination; or
(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol
abuse assistance or rehabilitation program; and
(k) Make a good faith effort to maintain a drug and alcohol free workplace through
implementation of §E(2)(a)—(j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4),
below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing,
possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.
(4) I acknowledge and agree that:
(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and
this certification;
(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be
cause to suspend payments under, or terminate the contract for default under COMAR
21.07.01.11 or 21.07.03.15, as applicable; and
(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection
Effective 8/8/2011
ATTACHMENT F
with the contract may, in the exercise of the discretion of the Board of Public Works, result in
suspension and debarment of the business under COMAR 21.08.03.
F. CERTAIN AFFIRMATIONS VALID
To the best of my knowledge, information, and belief, each of the affirmations, certifications,
or acknowledgements contained in that certain Bid/Proposal Affidavit dated ________ , 20___ ,
and executed by me for the purpose of obtaining the contract to which this Exhibit is attached
remains true and correct in all respects as if made as of the date of this Contract Affidavit and as
if fully set forth herein.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY
THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
Date: ______________
By: ______________________ (printed name of Authorized Representative and Affiant)
____________________________ (signature of Authorized Representative and Affiant)
Effective 8/8/2011
ATTACHMENT G
GUIDE TO PROMPT PAYMENT FOR
NON-CONSTRUCTION SUBCONTRACTORS
August 2008
Prompt payment requirements already exist on State-funded construction contracts. Recently,
prompt payment requirements became effective on all State-funded non-construction contracts in
excess of $25,000 by agencies that are members of the Governor’s Cabinet.
What are my rights as a subcontractor?
Subcontractors on contracts greater than $25,000 can expect to receive payment for any
undisputed amounts after the prime contractor has received a progress payment. Otherwise, a
subcontractor can expect to receive written notice from the contractor as to why payment is being
withheld.
What are my rights as a Minority Business Enterprise (MBE) or Small Business Reserve
(SBR) subcontractor?
MBE and SBR subcontractors have the same rights as those described above. In addition,
agencies must notify the Governor’s Office of Minority Affairs (GOMA) of any complaint of
non-payment of subcontractors with MBE or SBR status.
What are the responsibilities of the prime contractor?
The prime contractor has the responsibility to:
Pay a subcontractor an undisputed amount to which the subcontractor is entitled; OR
Notify the subcontractor in writing and state the reason why payment is being withheld.
o If payment is withheld, the prime contractor must provide a copy of the notice to the
procurement officer.
What should I do if I am not being paid by the prime contractor?
The subcontractor must notify the procurement officer. GOMA recommends that notice be given
in writing. The notice will include:
The name of the prime contractor from which payment has not been received;
The project under which the dispute exists;
The amount in dispute;
An itemized description on which the amount is based; and
If known, an explanation for any dispute concerning the payment not received.
Who should I contact at the agency?
Subcontractors who have not received payment of any undisputed amount should contact the
agency’s chief procurement officer. Contact information for the Cabinet agencies’ chief
procurement officers can be found at the end of this document.
I’ve sent my written notice of non-payment to the procurement officer. What happens now?
The procurement officer, or another agency representative, must contact the prime
contractor to ascertain whether the amount withheld is an undisputed amount. If it is
determined that part or the entire amount withheld is undisputed, the agency
representative will instruct the prime contractor to pay the subcontractor the undisputed
amount. The agency representative is to communicate to the subcontractor the results of
the discussion with the prime contractor.
ATTACHMENT G
GUIDE TO PROMPT PAYMENT FOR
NON-CONSTRUCTION SUBCONTRACTORS
August 2008
_____________________________________________________________________________________
Page 2 of 2
Are there any penalties to the prime contractor for failure to pay subcontractors undisputed
amounts?
Yes. The State agency that issued the contract may;
Withhold further payments to the prime contractor until payment to the subcontractor is verified;
Suspend all or some of the contract work;
Pay or otherwise cause payment of the undisputed amount to the subcontractor;
Place a payment for an undisputed amount in an interest-bearing escrow account; or
Take other or further actions as appropriate to resolve the withheld payment.
What is an “undisputed amount”?
An “undisputed amount” means an amount owed by a contractor to a subcontractor for which there is no
good faith dispute. This includes any retainage withheld, and any amount withheld because of issues
arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld.
What agencies are members of the Governor’s Cabinet? The 22 member agencies of the Governor’s
Cabinet and their chief procurement officers are:
ATTACHMENT H
Maryland
Depart of
Transportation
GENERAL
CONDITIONS
FOR
MAINTENANCE
CONTRACTS
1
ATTACHMENT H
MARYLAND DEPARTMENT OF TRANSPORTATION
GENERAL CONDITIONS FOR MAINTENACE CONTRACTS
TABLE OF CONTENTS
Section
Subject
01
02
03
04
05
06
07
08
09
Definitions
Preparation of Proposal/ Bid
Site Investigation
Bid, Performance and Payment Bonds
Contingent Fee Prohibition
Cost and Price Certification
Contract Administration
Authority of the Procurement Officer
Corporate Registration and Tax Payment
Certification
Compliance With Laws
Initiation of Work
Notice to Proceed & Prosecution of Work
Conformity With Contract Requirements
Inspection of Work
Removal of Defective Work
Discrepancies in Contract Documents
Cooperation By Contractor
Cooperation with Utilities
Cooperation Between Contractors
Administration Furnished Material
Contractor’s Insurance
Responsibility For Damage Claims
Assignment
General Guaranty
Final Acceptance and Payment
Personal Liability of Public Officials
Approval Authority
Remedies and Termination
Delays and Extensions of Time
Differing Site Conditions
Changes
Negotiated Payment Provision
Suspension of Work
Force Account Work
Variations in Estimated Quantities
Sanctions Upon Improper Acts
Non-Hiring of Employees
Conflict of Interest Law
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
Page
4
8
8
8
9
9
9
10
10
10
10
10
11
12
12
13
13
13
13
14
14
14
15
15
15
15
16
16
16
17
17
18
18
19
21
21
22
22
2
ATTACHMENT H
Section
Subject
39
40
Registration
Taxes—Responsibility for Payment, Exemption
Forms to be filed, etc.
Tax Exemption
Specifications
Delivery
Patent Trade Mark & Copyright Infringements
Occupational Safety & Health Act (OSHA)
Minority Business Enterprise and Affirmative
Action
Small Business Procurement
Non-Discrimination in Employment
Multi- Year Contracts Contingent Upon
Appropriations
“Buy American Steel” Act
Prevailing Wage Contracts for Public Works
Disputes
Liquidated Damages
Contractor’s Invoices
Financial Disclosure
Political Contribution Disclosure
Incorporation by Reference
Maryland Law Prevails
Bid Award—Resident Business
Payment of State Obligation
Pre-Existing Regulations
Retention of Records
General Conditions Controlling
Dissemination of Information
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
Page
22
22
23
23
23
23
23
23
24
24
25
25
25
25
25
26
26
26
26
26
26
27
28
28
28
28
3
ATTACHMENT H
MARYLAND DEPARTMENT OF TRANSPORTATION
GENERAL CONDITIONS
MAINTENACE CONTRACTS
1. Definitions
A.
B.
Wherever in these General Provisions or in other contract documents the
following terms or abbreviations are used, the meaning shall be as follows:
Organizational Structure
The Maryland Department of Transportation is composed of the following
Administration:
i. Maryland Port Administration
ii. Mass Transit Administration
iii. State Highway Administration
iv. State Aviation Administration
v. Motor Vehicle Administration
vi. State Railroad Administration, and
vii. Office of Assistant Secretary, Administration
C. Organizational Definitions
Administration- the word “Administration” shall mean any one of the
Administrations within the Maryland Department of Transportation, as listed in
GP-1.02.
Administrator- The chief executive officer of an Administration.
Department- The word “Department” shall mean the Maryland Department of
Transportation.
Engineer- Any person designated by the Administrator or the procurement
officer, acting directly or through his dully authorized representative, such
representative acting within the scope of the particular duties assigned to him or
of the authority given him.
Inspector- The authorized representative of the procurement officer assigned to
make detailed inspections of any or all portions of work, or materials thereof.
Procurement Officer- Any person authorized by a State agency in accordance
with law or regulations to formulate, enter into, or administer contracts or make written
determinations and findings with respect to them. The term also includes an authorized
representative acting within the limits of authority.
Secretary- The chief executive officer of Maryland Department of Transportation.
D. General Definitions
4
ATTACHMENT H
Award- The decision by a procurement agency to execute a purchase agreement or
contract after all necessary approvals has been obtained.
Bid- A statement of price, terms of sale, and description of the supplies, services, or
construction offered by a vender to the State.
Bid Bond- See Proposal Guaranty
Bidder- A person formally submitting a bid for the work contemplated, acting directly or
through a dully-authorized representative.
Business- A corporation, partnership, individual, sole proprietorship, joint venture, or
any other legal entity through which commercial activity is conducted.
Calendar Day- Every day shown on the calendar, Saturdays, Sundays and holidays
included.
Change Order- A written order signed by the responsible procurement officer, directing
a Contractor to make changes which changes the clause of a contract authorized by the
procurement officer t order with or without the consent of the Contractor.
COMAR- Code of Maryland Regulations.
Construction- The process of building, adding, alerting, converting, relocating,
renovating, replacing, or restoring of real property in which the State has an interest.
Contract- Any agreement entered into by a procurement agency for the acquisition of
supplies, services, contraction, or any other item and includes:
1. Awards and notices of award;
2. Contracts of a fixed-price, cost-reimbursement, cost –plus-afixed-fee, fixed –price incentive, or cost-plus incentive fee,
type;
3. Contract providing for the issuance of job or task orders;
4. Leases;
5. Letter contracts;
6. Purchase orders;
7. Supplemental agreements with respect to any of these;
8. Orders; and
9. Grants.
Contract does not include:
1. Collective bargaining agreements with employee organizations; or
2. Medical, Medicare, Judi care, or similar reimbursement contracts for which eligibility
and cost are by law or regulation.
5
ATTACHMENT H
Contract Documents- The written agreement executed between and Administration and
the successful bidder, covering the performance of the work furnishing of labor, equipment and
materials, by which the Contractor is bound to perform the work and furnish the labor,
equipment and materials, and by which the administration is obligated to compensate him
therefore at the mutually established and accepted rate or price. The Contract shall include the
invitation for Bids, Notice to Contractors, Instructions to Bidders, Proposal, Contract Forms and
Bonds, General Provisions, Specifications, Supplemental Specifications, all Special Provisions,
all Technical Provisions, all Plans and Notices to Proceed, also any written Change Orders and
Supplemental Agreements that are required to complete the construction of the work in the
acceptable manner, including authorized extension thereof.
Contract Drawings- See definition of “Plans”
Contracts Modification- Any written alteration in the specifications, delivery point, date
of delivery, contract period, price, quantity, or other provision of any existing contract, whether
accomplished in accordance with a contract provision, or by mutual action of the parties to the
contract. It includes change orders, extra work orders, supplemental agreements, contract
amendments, or reinstatements.
Contractor- Any person having a contract with a procurement agency. Contractor does
not include employees with labor contracts (collective bargaining agreements).
Contract Time or Completion Date- The number of working or calendar days shown in
the contract indicating the time allowed for the completion of the work completed in the contract.
In case a calendar date of completion is shown in the contract, in lieu of the number of working
or calendar days, such work shall be completed by that date.
Day- Calendar day unless otherwise designed.
Maintenance- Any work necessary for the continued operation or upkeep of a facility,
structure, building, grounds, or building systems, including built-in equipment or an in-ground
system.
Notice to Proceed- A written notice to the Contractor of the date on or before which he
shall begin the prosecution of the work to be done under the contract.
Payment Bond- Security as stated in COMAR 21.06.07.01B, as a guarantee that
Contractor will pay in full all bills and accounts for materials and labor used in the work, as
provided by law.
Performances Bond- Security as started in COMAR 21.06.07.01B, guaranteeing
complete performance of the contract.
Person- Any individual, business, union, committee, club, or other organization.
Plans- The official drawings issued by the Administration as part of the contract
documents, including those incorporated in the contract documents by reference.
6
ATTACHMENT H
Proposal- The response by an offer or to a solicitation of the Department to obtain goods
or services. The response may include, but contract, and description of the technical expertise,
work experience and other information as requested in the solicitation. As used herein the word
“proposal” means “bid”.
Proposal Form- The approved form on which an Administration requires proposals to be
set forth and submitted.
Proposal Guaranty- The security, in the form stated in COMAR 21.06.07.01B,
designated in the Proposal, to be furnished by the offer or as a guaranty of good faith to enter
into a contract with the State, if the contract is awarded to him.
Responsible Bidder of Offer or- a person who has the capability in all respects to
perform fully the contract requirements, and the integrity and reliability, which will assure good
faith performance.
Responsive Bidder- A person who has submitted a bid under procurement by
competitive sealed bidding which conforms in all material respects to the requirements contained
in the invitation for bids.
Specification- A written description of functional characteristics, or the nature of an item
to be procured. It may include a statement of any of the user’s requirements and may provide for
inspection, testing, or preparation of an item before procurement.
State- The State of Maryland acting through its authorized representative.
Subcontractor- Any person undertaking the construction of a part of the work under the
terms of the contract, by virtue of an agreement with the Constructor, who, prior to such
undertaking, revives the (consent of the surely and the) approval of the Administration.
Superintendent- The executive representative of the Contractor authorized to receive
and execute instructions from the Procurement Officer, and who shall supervise and direct the
work.
Supplemental Agreement- Any contract modification, which is accomplished by the
mutual action of the parties.
Supplemental Specification- Additions and revisions to the Standard Specifications.
Generally include new or improved procedures, construction items or materials developed
subsequent to the publication of Standard Specification.
Work- work shall be understood to mean the furnishing of all labor, materials,
equipment, and other incidentals necessary to the successful completion of the project and the
carrying out of all the duties and obligation imposed by the contract.
2.
Preparation of Bid/Proposal
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Bidder shall submit its bids/ proposal upon the forms furnished by the Administration,
Carefully following bid preparation instructions provided. Completed Bid/Proposal
Affidavit will be required of successful bidder before issuance of notice to proceed.
Offerors should give specific attention to the identification of those proportions of their
proposals which they deem to be confidential, proprietary information or trade secrets and
provide any justification of why such materials, upon request, should not be disclosed by
the State under the Maryland Public Information Act, Section 10-611 et seq. of the State
Government Article of the Annotated Code of Maryland.
3. Site Investigation
The Contractor acknowledges that he has investigated and satisfied himself as to the
conditions affecting the work, including but not restricted to those bearing upon
transportation, disposal, handling and storage of materials, availability of labor, water,
electric power, roads and uncertainties of weather, river stages, tides or similar physical
conditions at the site, the conformation and conditions of the ground, the character of
equipment and facilities needed preliminary to and during prosecution of the work. The
Contractor further acknowledges that he has satisfied himself as to the character, quality and
quantity of surface and substance materials or obstacles to be encountered insofar as this
information is reasonably ascertainable from an inspection of the site, including all
exploratory work done by the State, as well as form information presented by the drawings
and specifications made a part of this contract. Any failure by the Contractor to acquaint
himself with the available information may not relieve him from responsibility for estimating
properly the difficulty or cost of successfully performing the work. The State assumes no
responsibility for any conclusions or interpretation made by the Contractor on the basis of the
information made available by the State.
4. Bid, Performance and Payment Bonds
A.
Bid Bonds
If required for a procurement in excess of $50,000, a proposal will not be considered unless
accompanied by a guaranty in an amount not less than 5% of the amount bid, and made payable
to the State of Maryland.
B.
Performance Bonds
A Performance bond may be required for maintenance contracts in excess of $50,000 in the
amount equal to at least 100 percent of the contract price. If required by the Special Provisions of
the contract, the performance bond shall be delivered by the Contractor to the State no later than
the time the contract is executed. If a Contractor fails to deliver the required performance bond,
the Contractor’s bid shall be rejected, its bid security shall be enforced. The contract will be
awarded to the next lowest responsible and responsive bid.
C.
Payment Bonds
A payment bond may be required for maintenance contract in excess of $50,000 in the amount
equal to at least 100 percent of the contract price. If required by the Special Provision of the
contract, the payment bond shall be delivered by the Contractor to the State no later than the time
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ATTACHMENT H
the contract is executed. If a Contractor fails to deliver the required performance bond, the
Contractor's bid shall be rejected, its bid security shall be enforced, and award of the contract
shall be made to the next lowest responsible and responsive bidder.
D.
Acceptable Security
Acceptable security for bid, performance and payment bonds shall be as set forth in COMAR
21.06.07.01.
5. Contingent Fee Prohibition
A.
The Contractor warrants that it has not employed or retained any person,
partnership, corporation, or other entity, other than a bona fide employee,
bona fide agent, bona fide salesman, commercial agreement, and that it
has not paid or agreed to pay any person, partnership, corporation, or other
entity, other than a bona fide employee, bona fide agent, bona fide
salesperson, or commercial selling agency, any fee or any other
consideration contingent on the making of this contract.
B.
For breach or violation of this warranty, the Administration shall have the
right to terminate this agreement without liability or, in its discretion, to
deduct from the contract price or consideration, or otherwise recover, the
full amount of such fee, commission, percentage, brokerage fee, gift or
contingent fee.
6. Cost and Price Certification
A.
The Contractor, by submitting coast or price information, certifies that, to
the best of its knowledge, the information submitted is accurate, complete,
and current as of a mutually determined specified date prior to the
conclusion of any price discussions or negotiations for:
(1) A negotiated contract, if the total contract price is excepted to exceed
$100,000 or smaller amount set by the procurement officer; or,
(2) A change order or contract modification expected to exceed $100,000, or a
smaller amount set by the procurement officer.
B.
The price, including profit or fee, shall be adjusted to exclude any
significant price increases occurring because the Contractor furnished cost
or price information which, as of the date agreed upon between the parties,
was inaccurate, or not current.
7. Contract Administration
This contract will be administrated on behalf of the Department Administration as the case may
be, by the procurement officer.
8. Authority of the Procurement Officer
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ATTACHMENT H
A. The procurement officer shall decide all questions, which may arise as to the quality and
acceptability of work performed and as to the rate of progress of said work; all questions
which may arise as to the questions as to the acceptable fulfillment of the contract on the
part of the Contractor.
B. The procurement officer shall determine the amount of work performed to be paid for
under the contract.
C. The procurement officer shall have the authority to suspend the work wholly or in part
due to the failure of the Contractor to carry out provisions of the contract.
D. The procurement officer may authorize progress payments for work satisfactorily
completed, subject to such retainage that the procurement officer deems appropriate.
9. Corporate Registration and Tax Payment Certification
Corporations are required to execute a Certification of Corporation Registration and Tax
Payment.
10. Compliance With Laws
The Contractor hereby represents and warrants that:
A. It is qualified to do business in the State of Maryland 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 payment of any monies due and owing the State of
Maryland, 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
of this Contract;
C. It shall comply with all federal, State and local laws, under this Contract; and
D. It shall procure, at its expense, all licenses, permits, insurance, and governmental
approval, if any, necessary to the performance of its obligations under this Contract.
11. Initiation of work
The Contractor shall not commerce performance of the services until it receives from the
Administration a formal written Notice to Proceed.
12. Notice to Proceed and Prosecution of Work
After the contract has been executed, the Administration will, within the time limit specified by
the Administration elsewhere in the contract documents, issue to the Contractor a Notice to
Proceed and this notice will stipulate the date on or before which the Contractor is expected to
begin work. The specified contract time shall begin on the day that work (other than the erection
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ATTACHMENT H
of the inspector’s office, construction stakeout, and mobilization) actually starts or on the day
stipulated in the notice to proceed, whichever is earlier. Any preliminary work started, or
materials ordered, before receipt of the notice to proceed, shall be at the risk of the Contractor.
The Contractor shall begin work promptly within the time specified by the procurement officer
and shall notify the procurement officer at least 48 hours before starting work.
The Contractor shall submit, in writing, to the procurement officer within 10 days from the date
of the notice to proceed, a progress schedule. This schedule shall be updated and reserved to
reflect all changes affecting the jobs progress.
After work has started, it shall be prosecuted continuously on all acceptable working days
without stoppage until the entire contract is complete.
Should the prosecution of work for any reason be discontinued, the Contractor shall notify the
procurement officer of his intention to stop and shall also notify the procurement officer at least
24 hours in advance of resuming operations. Said notification shall be confirmed in writing.
13. Conformity with Contract Requirements
A.
(1) All work performed and all materials furnished shall be in Conformity with
the contract requirements. In the event the procurement officer finds the materials or the finished
product in which the materials are used or the work performed do not conform to the contract
requirements and have resulted in an inferior or unsatisfactory product, the work or materials
shall be removed and replaced or otherwise corrected by and at the expense of the Contractor.
(2) In the event the procurement officer finds the materials or the finished product
in which the materials are used are not in conformity with the contract requirements but that
acceptable work has been produced, he shall then make a determination if the work shall be
accepted. In this event, the procurement officer will document the basis of acceptance by a
change order which may provide for an equitable adjustment in the contract price. Any action
taken pursuant to this paragraph may not result in an increase of the contract price. Equal or
Approved Equal:
B.
(1) when any article is specified by propriety name, trade name, and/or name of
manufacturer with or without the addition of such expression as “or equal” or “ or approved
equal, “it is to be understood that the article named or the equal thereof is intended, subjected to
the approval of the procurement officer as to the quality thereof; and it is distinctly understood:
(a) that the procurement officer is to use his own judgment in determining, from time to time,
whether or not any article proposed to be substituted is the equal of any article so specified; (b)
that the decision of the procurement officer, no claim of any sort shall be made or allowed
against the procurement officer, or the Administration, because of such decision.
(2)
The offer of an article by the Contractor for any article specified will raise the
presumption that it is for the purpose of saving money. If, in such a case, the article is approved,
the Administration shall be given credit in the amount of difference between the net cost to the
Contractor of the article submitted and the price at which he could have obtained the lowest price
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ATTACHMENT H
article specified. For convenience in checking the credit, if any, the Contractor shall submit these
figures when the offer is made, and no article will considered without such figures.
(3) The word “article” wherever used in this subsection entitled “Equal or Approved
Equal,” shall be taken to mean any article, material or thing.
14. Inspection of Work
All materials and each part or detail of work shall subject at all times to inspection by the
procurement officer, or other appropriate persons from the Administration, and the Contractor
will be held strictly to the contract and allowable tolerances and in regard to quality of materials
workmanship, and the diligent execution of the contract. Such inspection may include mill, plant
or shop inspection. Any material furnished under the contract is subject to inspection. The
procurement officer, or other appropriate person from the Administration, shall be allowed
access to all parts of the work and shall be furnished with such information and assistance by the
Contractor as is required to make a complete and detailed inspection.
If the procurement officer request it, the Contractor, at any time before the acceptance of
work, shall remove or uncover such portions of finished work as may be directed. After
examination, the Contractor shall restore said portions of the work to the work to he standards
required by the contract. Should the work thus exposed or examined prove acceptable,
adjustments in the contract time and price will be made by change order for uncovering or
removing, and the replacing of the covering or making good of the parts removed. Should the
work so exposed or examined prove unacceptable, the uncovering, removing and/or replacing,
shall be at the Contractor’s expense.
When the United States Government or any railroad, corporation or other agency is to
pay a portion of the coast of work covered by this contract, their respective representatives shall
have the right to inspect the work.
15. Removal of Defective Work
All work and materials which do not conform to the requirements of the contract will be
considered unacceptable, unless otherwise determined acceptable under the provision in Section
13.
Any defective work, whether the result of poor workmanship, use of defective materials,
damage through carelessness or any other cause found to exist, shall be removed and replaced by
work and materials which shall conform to the specification or shall be remedied otherwise in an
acceptable manner authorized by the procurement officer.
Upon failures on the part of the Contractor to comply promptly with any order of the
procurement officer made under the provisions to this section, the procurement officer shall have
the authority to cause defective work to be remedied or removed and to deduct the costs from
any monies due or to become due the Contractor under this contract.
16. Discrepancies in Contract Documents
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ATTACHMENT H
In the event the Contractor discovers any discrepancies in the contract document, he shall
immediately notify the procurement officer. The procurement officer will then make such
corrections and interpretations as may be deemed necessary for fulfilling the intent of the
contract.
17. Cooperation by Contractor
The Contractor shall give the work the constant attention necessary to facilitate the
progress thereof, and shall cooperate with the procurement officer and his inspectors in every
way possible.
The Contractor shall assign to the contract as his agent, a competent superintendent
capable of communicating in English and capable of reading and thoroughly understanding the
contract documents and thoroughly experienced in the type of work being performed, who shall
receive instructions from the procurement officer or his authorized representatives. The
superintendent shall have full authority to execute the orders or directions of the procurement
officer without delay, and to promptly supply such materials, equipment, tools, labor and
incidentals as may be required. Such superintendents shall be furnished irrespective of the
amount of work sublet.
18. Cooperation with Utilities
It is understood and agreed that the Contractor has considered this bid all of permanent
and temporary utility appurtenances their present or relocated positions and that no additional
compensation will be allowed for normal delays, inconvenience, or damage sustained him due to
any interference from the said utility appurtenances or the operation of moving them.
The Contractor shall have responsibility for notifying all affected utility companies prior to the
necessity of performing any work on their utilities and shall cooperate with them in achieving the
desired results. All damage to utility facilities caused by the Contractor’s operations shall be the
responsibility of the Contractor.
In the event of interruption to utility service as a result of accidental breakage or a result of being
exposed or unsupported, the Contractor shall promptly notify the proper authority and shall
cooperate with said authority in the restoration of service. No work shall be undertaken around
fire hydrants until provisions for continued service have been approved by the local fire
authority.
19. Cooperation Between Contractors
A.
Separate contractors on adjoining or overlapping work shall cooperate with each
other as necessary. Such cooperation shall include (1) arrangement and conduct of work
(2) storage and disposal of materials, etc., by each in such a manner as to not
unnecessarily interfere with or hinder the progress of the work being performed by other
contractors. Contiguous work shall be joined in an acceptable manner.
B.
The Administration shall have the right, any time, to contract for and perform
other work on, near, over or under the work covered by this contract. In addition, other
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ATTACHMENT H
work may be performed under the jurisdiction of another Administration. The Contractor
shall cooperate fully with such other contractors and carefully fit his own work to such
other work as may be directed by the procurement officer.
C.
The Contractor agrees that in the event of dispute as to cooperation, the
procurement officer will act as referee and decisions made by the procurement officer
will be binding. The Contractor agrees to make no claims against the Administration for
any inconvenience, delay or loss experienced by him because of the presence and
operations of other contractors.
20. Administration Furnished Material
The Contractor shall furnish all materials required to complete the work, except
those specified to be furnished by the Administration. Materials furnished by the
Administration will be delivered or made available to the Contractor at the point or points
specified in the special provisions. The cost of handing and placing all materials, after
they are delivered to the Contractor, shall be considered as included in the contract price
for the item in connection with which they are used.
The Contractor will be held responsible for all materials delivered to him, and
deductions will be made from any monies due him to make good any shortages and
deficiencies, from any cause whatsoever, and for any damage which may occur after such
delivery, and for any demurrage charges.
In cases where materials are supplied by the Administration and incorporated in
the contract work by the Contractor, materials inspection and acceptance will not be a
prerequisite for acceptance indicating that he carries insurance against the risks and in the
amounts specified elsewhere in the contract.
21. Contractor’s Insurance
Prior to the start of work on any contract, the contractor shall submit to the
procurement officer Certificate(s) of Insurance indicating that he carries insurance against
the risks and in the amounts specified elsewhere in the contract.
22. Responsibility for Damage Claims
A.
The Contractor shall indemnify and save harmless the State and all of its
representatives from all suits, actions, or claims of any character brought on account of
any injuries or damages sustained by any person or property in consequence of any
neglect in safeguarding the work or as a result of faulty, inadequate or improper
temporary drainage during construction, or on account of the use, misuse, storage or
handling of explosives, or on account of any claims or amounts recovered for any
infringement of patent, trademark, or copyright, or from any claims or amounts arising or
recovered under the Workmen’s Compensation Laws, or any other law, bylaw,
ordinance, order of decree or any claims, suits, judgments, expenses, actions, damages
and costs arising from or based on the violation of any federal, State or local law,
ordinance, regulation, order or decree, whether by himself or his employees or
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ATTACHMENT H
subcontractors. The Contractor shall be responsible for all damage or injury to property
of any character during the prosecution of the work resulting from any act, omission,
neglect or misconduct, in the manner or method of executing said work satisfactorily or
due to the non-executing said work or at any time due to defective work to materials and
said responsibility shall continue until the improvement shall have been completed and
accepted.
B.
The Contractor shall not be held responsible for any claims arising from accidents
incurred because of any traffic and/or general use permitted during the time the project or
any section thereof is open to traffic except from accidents that are attributable to his
negligence.
23. Assignment
The Contractor shall not assign the whole or any part of this contract, or any
monies due or to become due under this contract without the prior, written consent of the
Administration. In case the Contractor assigns all or any part of the monies due or to
become due under this contract, the instrument of assignment shall contain a clause
providing that the right of the assignee in and to any monies due or to become due to the
Contractor shall be subject to prior claims of all persons, firms and corporations for
services rendered or materials supplied for the performance of the work called for in this
contract.
24. General Guaranty
Neither the final acceptance of the work or payment therefore nor any provision
in the contract documents nor partial or entire use of the work by the Administration shall
constitute an acceptance of work not performed in accordance with the contract
documents or relieve the Contractor of liability for any express warranties or
responsibility for faulty materials or workman ship. The Contractor shall remedy any
defects in the work, and pay for any damage to other work resulting from defects in his
work which shall appear within a period of one (1) year from the date of final acceptance
of work, unless a longer period is specified. The Administration will give notice of
observed defects with reasonable promptness.
25. Final Acceptance and Payment
Upon completion of all the work under this contract, the procurement officer shall make a final
inspection of the entire work and direct the Contractor to take any corrective action to properly
complete the work. Once the procurement officer is satisfied that the work is properly completed,
he shall certify to the Administration, in writing, the final acceptance of the entire project. The
Administration, upon receipt and Contractor, the whole amount of money then due the
Contractor under the terms of the contract.
26. Personal Liability of Public Officials
In carrying out any of the provisions of the contract, or in exercising any power or authority
granted to them by or within the scope of the contract, there shall be no liability upon the
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ATTACHMENT H
Administrator, procurement officer or other authorized representative, either personally or as
officials of the State, it being understood that in all such matters they act solely as agents and
representatives of the State.
27. Approval Authority
This contract is subjected to any change order or amendment thereto, and is subject to the
approval requirements established by the Secretary of Transportation and the Board of Public
Works of Maryland. The contract shall be considered to bind the parties hereto in accordance
with Constitution and Laws of the State of Maryland.
28. Remedies and Termination
A.
Termination for Default
If the Contractor fails to fulfill its obligation 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 of omission relied on as cause for
termination. All finished or unfinished supplies and services provided by the Contractor shall, at
the State’s option, become the State’s property. The state shall pay the Contractor fair and
equitable compensation for satisfactory performance prior to receipt of notice of termination, less
the amount of damages caused by Contractor’s breach. If the damages are more than the
compensation payable to the Contractor, the Contractor will remain liable after termination and
the State can affirmatively collect damages.
B.
Termination for Convenience of the State
The performance of work under this contract may be terminated by the State in
accordance with this clause in whole, or from time in part, when ever the State shall determine
that such termination is in the best interest of the State. The State will pay all reasonable 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 eared up to the date of termination.
29. Delays and Extensions of Time
The Contractor 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. Time
extensions will be granted only for excusable delays that arise from unforeseeable causes beyond
the control and without the fault or negligence of the Contractor, including but not restricted to,
acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual
capacity, acts of another contractor in the performance of a contract with the State, fires, floods,
epidemics, quarantine suppliers arising from unforeseeable causes beyond the control and
without the fault or negligence of either the Contractor or the subcontractors or suppliers.
30. Differing Site Conditions
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ATTACHMENT H
A.
The Contractor shall promptly, and before such conditions are disturbed, notify
the procurement officer in writing of: (1) subsurface or latent physical conditions
at the site differing materially from those indicated in this contract, or (2)
unknown physical conditions at the site of an unusual nature, differing materially
from those indicated in this contract, or (2) unknown physical conditions at the
site of an unusual nature, differing materially from those ordinarily encountered
and generally recognized as inherent in work of the character provided for this
contract. The procurement officer shall promptly investigate the conditions, and if
he finds that such conditions do materially so differ and cause an increase or
decrease in the Contractor’s cost of, or the time required for, performance of any
part of the work under this contract, whether or not changed as a result of such
conditions, an equitable adjustment shall be made and the contract modified in
writing accordingly.
B.
No claim of this Contractor under this clause shall be allowed unless the
Contractor has given the notice required in A. above provide, however, the time
prescribed therefore may be extended by the State.
C.
No claim by the Contractor for an equitable adjustment hereunder shall be
allowed if asserted after final payment under this contract.
31. Changes
A.
The procurement officer unilaterally may, at any time, without notice to the
sureties, if any, by written order designated or indicated to be a change order,
make any changes in the work within the general scope of the contract, including
but not limited to changes:
1. In the specifications (including drawing and designs);
2. In the method or manner of performance of the work;
3. In the State-furnished facilities, equipment, materials, services, or site;
or
4. Directing acceleration in the performance of the work.
B.
Any other written order or an oral order including a direction, instruction,
interpretation or determination from the procurement officer that causes any such
change, shall be treated as a change order under this clause, provided that the
Contractor gives the source of the order and that the Contractor regards the order
as a change order.
C.
Expept as herein provided, no order, statement, or conduct of the procurement
officer shall be treated as a change under this clause or entitle the Contractor to an
equitable adjustment hereunder.
D.
Subject to subparagraph F. thereof, if any change under this clause causes an
increase or decrease in the Contractor’s cost of, or the contract, whether or not
changed by any order, an equitable adjustment shall be made in the contract
modified in writing accordingly: provided, however, that except for claims based
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ATTACHMENT H
on defective specifications, no claim for any change under B. above shall be
allowed for any costs incurred more than twenty (20) days before the Contractor
gives written notice as therein require; and provided further, that in the case of
defective specifications for which the State is responsible, the equitable
adjustment shall include any increased cost reasonably incurred by the Contractor
in attempting to comply with such defective specifications.
E.
If the Contractor intends to assert a claim for an equitable adjustment under this
clause, he shall, within thirty (30) days after receipt of a written change order
under A. above or the furnishing or written statement setting forth the general
nature and monetary extent of such claim hereunder may be included in the notice
under B. above.
F.
Each contract modification or change order that affects contract price shall be
subject to the prior written approval of the procurement officer and other
appropriate authorities and to prior certification of the modification or change
order on the project budget or the total construction cost. If, according to the
certification of the fiscal authority, the contract modification or change order will
cause an increase in cost that will exceed budgeted and available funds. The
modification or change order may not be made unless sufficient additional funds
are made available or the scope of the project is adjusted to permit its completion
within the project budget.
G.
No claim by the Contractor for an equitable adjustment hereunder shall be
allowed if asserted after final payment under this contract.
32. Negotiated Payment Provision
If the Contractor claims an equitable adjustment. The Contractor shall be allowed to add
the following maximum percentages for overhead and profit to his costs for labor, materials and
equipment:
A.
B.
C.
20% may be added by the Contractor for overhead and profit for work performed
by his own forces.
15% may be added by the subcontractor for overhead and profit for work
performed by the subcontractor; the Contractor may add an additional 5% of the
subcontractor’s costs for labor, materials and equipment.
The provisions of Paragraphs A. and B. above apply only to price adjustments
negotiated prior to completion of the added or changed work and do not apply to
work performed on a force account basis as provided for in Paragraph 34.
33. Suspension of Work
A.
B.
The procurement officer unilaterally may order the Contractor in writing to
suspend, delay, or interrupt all or any part of the work for such period of time as
he may determine to be appropriate for the convenience of the Administration.
If the performance of all or any part of the work is, for an unreasonable period
time, suspended, delayed, or interrupted by an act of the procurement officer in
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ATTACHMENT H
C.
the administration of this contract or by his failure to act within the time specified
in this contract (or if no time is specified, within a reasonable time,) an adjustment
shall be made for any increase in the cost of performance of this contract
(excluding profit) necessarily caused by such unreasonable suspension, delay, or
interruption and the contract modified in writing accordingly. However, no
adjustment shall be made under this clause for any suspension, delay, or
interruption to the extent: (1) that performance would have been so suspended,
delayed, or interrupted by any other cause, including the fault of negligence of the
Contractor or (2) for which any equitable adjustment is provided for or excluded
under any other provision of this contract.
No claim under this clause shall be allowed (1) for any costs incurred more than
twenty (20) days before the Contractor shall have notified the procurement officer
in writing of act or failure to act involved (but this requirement shall not apply as
to a claim resulting from a suspension order), and (2) unless the claim, in an
amount started, is asserted in writing as soon as practicable after the termination
of such suspension, delay, or interruption, but no later than the date of final
payment under the contract.
34. Force Account Work
When the Contractor is required to perform work as a result of additions of changes to the
contract for which there are no applicable unit prices in the contract, the Administration and
Contractor shall make every effort to come to an agreed upon price for the performance of such
work. If an agreement cannot be reached, the Administration may require the Contractor to do
such work on a force account basis to be compensated in accordance with the following:
A.
Labor
For all labor and for foremen in direct charge of the specific operations, the
Contractor shall receive the actual wages for each and every hour that said labor
and foremen are actually engaged in such work.
B.
Materials
For materials accepted by the procurement officer and used, the Contractor shall
receive the actual cost of such materials delivered on the work, including
transportation charges paid by him (exclusive of machinery rentals as hereinafter
set Forth).
C.
Equipment
For any machinery or special equipment (other than small tools, whether rented or
owed), the use of which has been authorized by the procurement officer, the
Contractor shall receive that rates agreed upon in writing before such work is
begun, or the Contractor shall receive those rates which may be specified
elsewhere in the Special Provisions. For the purpose of definition, equipment with
a new cost $500 or less will be considered small tools.
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D.
Materials and Supplies Not Incorporated in the Work
For materials and supplies expended in the performance of the work (excluding
those required for rented equipment) and approved by the procurement officer, the
Contractor shall receive the actual cost of such materials and supplies used. The
Contractor shall receive a reasonable allowance for materials used but not
extended in the performance of the work.
E.
Subcontractors
The Contractor shall receive the actual cost of work performed by a
subcontractor. Subcontractor’s cost is to be determined as in A., B., C. and D.
above, plus the fixed fee for overhead and profit allowance computed as in G.
F.
Superintendence
No additional allowance shall be made for general superintendence, the use of
small tools, or other costs for which no specific allowance is herein provided.
G.
Contractor’s Fixed Fee
The procurement officer and the Contractor shall negotiate a fixed fee for force
account work performed pursuant to this Section 34 by his forces and by his
subcontractor (s), as compensation for overhead and profit for the work
performed. Failure of the Contractor and the procurement officer to negotiate a
fixed fee consistent with applicable cost principles in COMAR21.09.01, shall be
treated as ais dispute pursuant to Section 52 and the Contractor shall proceed
diligently withthe performance of the force account equal to time sum of 65%, of
A. which shall include, but not be limited to, the following:
1.
2.
Compensation for all costs paid to, or on behalf of, workmen by
reason of subsistence and travel allowances, health and welfare
benefits, pension fund benefits or other benefits that may be
required by collective bargaining agreement or other employment
contracts generally applicable to the classes of labor employed in
the work.
Bond premiums, property damage, liability and workmen’s
compensation insurance premiums, unemployment insurance
contributions and Social Security taxes on the force account work.
In addition, the Contractor’s fixed fee may include an amount not to exceed 20% of
B. and 5% of D. and E. as defined above.
H. Compensation
The compensation as set forth above shall be received by this Contractor as
payment in full for change order work done on a force account basis. At the end
of each day, the Contractor’s representative and the procurement officer shall
20
ATTACHMENT H
compare records of the cost of work as ordered on a force account basis. I. No
payment will be made for work performed on a force account basis until the
Contractor furnishes the procurement officer duplicate itemized statements of the
cost of such force account work detailed as to the following:
1.
2.
3.
4.
5.
Name, classification, date, daily hours, total hours, rental rate, and
extension for such laborer, or foreman.
Designation, dates, daily hours, total hours, rental rate, and
extension for each unit of machinery and equipment.
Quantities of materials, prices and extensions.
Transportation of materials.
Payments of items under 1. shall be accomplished by copies of
certified payrolls. Under 2., original receipted fro rentals must be
provided if requested by the procurement officer. 3. and 4. shall be
accompanied by original receipted invoices for materials used and
transportation changes. If, however, the materials used in the force
account work are not specifically purchased for such work but are
taken form the Contractor’s stock, then in lieu of the original
invoices the statements shall contain or be accompanied by an
affidavit of the Contractor which shall certify that such materials
were taken from the stock, that the quality claimed was actually
used and that the price and transportation of the material as
claimed represent actual cost. Any request for payment under this
Section should be submitted in the order outlined above.
35. Variations in Estimating Quantities
Where the quantity of a payment item in this contract is an estimated quantity and where
the actual quantity of such pa item varies more than 25% above or below the estimated quantity
stared in this contract, an equitable adjustment in the contract price shall be made upon demand
of either party. The equitable adjustment shall be based upon any increase or decrease in costs
due solely to the variation above 125% or below 75% of the estimated quantity. Battery line
items shall not be subject to equitable adjustment based on variations in the quantities.
If the quantity variation is such as to cause an increase in the time necessary for
completion, the Procurement Officer may grant an extension of time within ten (10) days from
the beginning of the delay, or within a further period of time as the Procurement Officer may
deem necessary and appropriate to allow for the completion of work. All time extension requests
shall be submitted to the Procurement Officer by the Contractor prior to commencement of any
delay and the request shall be accompanied by a written thorough justification for the request.
36. Sanctions Upon Improper Acts
In the event the Contractor, or any of its officers, partners, principals or employees, is
convicted of a crime arising out of, or in connection with, the procurement of work to be done or
payment to be made under this contract, the contract may, in the discretion of the Department, be
terminated.
21
ATTACHMENT H
Section 16-202 of State Finance and Procurement Article of the Annotated Code, and
COMAR 21.08.01, which relate to contracts with persons convicted of bribery, attempted bribery
or conspiracies to bribe are incorporated into this contract by reference.
Section 11-205 of State Finance and Procurement Article and COMAR 21.08.03 relating
to collusion for purposes of defrauding the State are incorporated into this contract by reference.
COMAR 21.08.01 et seq., “Disqualifications, Suspension, Debarment, Reinstatement and
Sanctions”, is incorporated into this contract by reference.
37. Non-Hiring of Employees
No employee of the State of Maryland of any unit thereof, whose duties as such
employee include matters relating to or affecting the subject matter of this contract, shall, while
so employed, become or be an employee of the party or parties herby contracting with the State
of Maryland or any unit thereof.
38. Conflict of Interest Law
It is unlawful for any State officer, employee or agent to participate personally in his
official capacity through decision, approval, disapproval, recommendation, advice or
investigation in any contract or other matter in which he, his spouse, parent, minor child, brother
or sister, has a financial interest or to which he has a corporation, association or other
organization in which he has a financial interest or in which he is serving as an officer, director,
trustee, partner or employee is a party, or to which any person or organization with whom he is
negotiating or has any arrangement concerning prospective employment, is a party, unless such
officer, employee or agent has previously complied with the provisions of Article 40A,
Subsection 3-101 et seq. of the Annotated Code of Maryland.
39. Registration
Pursuant to subsection 7-021 et seq. of the Corporations and Associations Article of the
Annotated Code of Maryland, Corporations not incorporated in the State shall be registered with
the State Department of Assessments and Taxation, 301 W. Preston Street, Baltimore, Maryland
21201, before doing any inter-state or foreign business in this State. Before doing any inter-state
business in this State, a foreign corporation shall qualify with the Department of Assessments
and Taxation.
40. Taxes – Responsibility for Payment, Exemption, Forms to be Filed, etc.
The Contractor is responsible for and by submitting a bid agrees to pay all retail sales,
income, real estate, sales and use, transportation and special taxes applicable to and assessable
against any materials, equipment, processes and operations incident to or involved in the work.
The Contractor is responsible for ascertaining and acquainting himself with such taxes and
making all necessary arrangements to pay same.
The Administrator hereby reserves the right to withhold final payment under this contact
until the Contractor and any subcontractor performing any duties under this contract have
22
ATTACHMENT H
furnished or caused to be furnished to the Comptroller of the State of Maryland all properly
completed forms required by the said Comptroller and until all of said retail sales and/or use
taxes due the State of Maryland by the Contractor have been paid and the Contractor exhibits a
release or receipt form the Comptroller evidencing such payment.
41. Tax Exemption
The State is generally exempt from federal excise taxes, Maryland sales and use taxes,
District of Columbia sales taxes and transportation taxes. Exemption certificates shall be
completed upon request. Were a contractor is required to furnish and install material in the
construction or improvement of real property in performance of a contract, the Contractor shall
pay the Maryland sales tax and the exemption does not apply.
42. Specifications
All materials, equipment, supplies of services shall conform to federal and State laws and
regulations and to the specifications contained in the solicitation.
43. Delivery
Delivery shall be made in accordance with the bid specifications. The State reserves the
right to test any materials, equipment, supplies or services delivered to determine if the
specifications have been met. Any material that is defective or fails to meet the terms of the bid
replaced. The State reserves the right to purchase replacement materials in the open market.
Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess
price paid for the replacement plus applicable expenses, if any.
44. Patent, Trade Mark and Copyright Infringements
Contractor agrees to indemnify, protect and save harmless the State, its officers, agents
and employees with respect to any claim, action, cost or judgment for patent, trademark and
copyright infringements, arising out of purchase or use of materials, supplies, equipment or
services covered by this contract.
45. Occupational Safety and Health Act (OSHA)
All materials, supplies, equipment of services supplied as a result of this contract shall
comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards.
46. Minority Business Enterprise and Affirmative Action
A.
This contract is subject to Executive Order 01.01.1970.15, December 9,
1970; amended by Order 01. 01. 1976.05, July 9,1976 (Code of Fair
Practices), and COMAR 21.11.04 Contractor’s Affirmative Action Plan
Review/Approval and Compliance Monitoring Process - - DOT. This
contract is also subject to the applicable provisions of Title 14, Subtitle 3
of State Finance and Procurement Article of the Annotated Code of
Maryland; COMAR 21.11.03 Minority Business Enterprise Policies; and
23
ATTACHMENT H
B.
the Provisions of COMAR 11.01.10, which incorporates by reference the
current revision of the minority business enterprise program. Copies of the
Minority Business Enterprise Program may be obtained from the
Department of Transportation Fair Practices Officer, P.O. Box 8755, BWI
Airport, Maryland 21240. This contract is also subject to all applicable
federal and State laws and regulations pertaining to Minority Business
Enterprise and Affirmative Action.
To the extent, any of the above or regulations are applicable to this
contract and are specifically incorporated herein.
47. Small Business Procurement
If the solicitation for bid indicates that this procurement has been designated for a small
business preference, the provisions of COMAR 21.11.01.02 pertaining to small business
preferences shall apply and are incorporated herein by reference.
48. Non-Discrimination in Employment
A. Compliance with State Law and regulations
The Contractor agrees: (a) not to discriminate in any manner against an employee
or applicant for employment because of race, color, religion, creed, age, sex, martial
status, national origin, ancestry, or physical or mental handicap unrelated in nature and
extent so as reasonably to preclude the performance of such employment; (b) to include a
provision similar to the contained in subsection (a) above, and in any subcontractor
expert a subcontract for standard commercial supplies or raw materials; and (c) to post
and to cause subcontractors for employment, notices setting forth the substance of this
clause.
B. Compliance with Federal Law
Contractors providing materials, equipment, supplies, or services to the State
under this contract herewith assure the State that they are conforming to the provision of
the Civil Rights Act of 1964, and Section 202 of Executive Order 11246 of the President
of the United States of America as amended by Executive Order 11375, as applicable.
The Contractor shall comply with all applicable federal laws pertaining to
nondiscrimination in employment.
C. Sanctions for Non-Compliance
In the event of the Contractor’s non-compliance with the non-discrimination
provisions of this Agreement, the Department shall impose such sanctions as it may
determine to be appropriate, including but not limited to:
(1) Withholding of payment to the Contractor under the Agreement until
the Contractor complies, and/or
24
ATTACHMENT H
(2) Cancellation, termination or suspension of the Agreement in whole or
in part.
49. Multi-Year Contract Contingent Upon Appropriation
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 year
for which funds were not appropriated or otherwise made available; provided, however, that his
will not affect either the State’s rights or the Contractor’s right under any termination clause in
this Contract. The effect of termination of the Contract hereunder will be to discharge both the
Contractor and the State from future performance of the Contract, but not from their rights and
obligations existing at the time of termination.
The Contractor shall be reimbursed for the reasonable value of any non-recurring 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.
50. “Buy American Steel” Act
The provisions of COMAR 21.11.02 pertaining to implementation of the “Buy American
Steel” Act (State finance and Procurement Article Title 17, subtitle 3 of the Annotated Code of
Maryland) are incorporated in this Contract by reference.
51. Prevailing Wage Contracts for Public Work
The provisions of State Finance and Procurement Article, Title 17, subtitle 2 of the
Annotated Code of Maryland and COMAR 21.11.11 are incorporated in maintenance contracts
of $500,000 or more by reference.
52. Disputes
This Contract shall be subject to the provisions of State Finance and Procurement Article,
Title 15, Subtitle 2 (Dispute Resolution) of the Annotated Code of Maryland and COMAR 21.10
(Administrative and Civil Remedies). Pending resolution of a claim, the Contractor shall proceed
diligently with the performance of contract in accordance with the procurement officer’s
decision.
53. Liquidated Damages
Time is an essential element of the contract and it is important that the work be
vigorously prosecuted until completion. For each day that any work shall remain uncompleted
beyond the time(s) specified elsewhere in the contract, the Contractor shall be liable for
liquidated damages in the amount(s) provided for in the solicitation provided, however, that due
account shall be taken of any adjustment of specified completion time(s) for completion of work
as granted by approved change orders.
25
ATTACHMENT H
54. Contractor’s Invoices
Contractor agrees to include on the face of all invoices billed to the State, his Federal Tax
Identification or Social Security Number.
55. Financial Disclosure
The Contractor shall Comply with the provisions of Section 13-221 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 of Maryland or its agencies
during a calendar year under which the business is to receive in the aggregate $100,000 or more,
shall, within thirty (30) days of the time when the aggregate value of these contracts, leases or
other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified
information to include disclosure of beneficial ownership of the business.
56. Political Contribution Disclosure
The Contractor shall comply with the provisions of Article 33; Sections 30-1 through 304 of the Annotated Code of Maryland certain which requires that every person that enters into
contracts, leases, or other agreements with the State of Maryland, including its agencies, or a
political subdivision of the State, during a calendar year under which the person receives in the
aggregate $10,000 or more, shall, on or before February 1 of the following year, file with the
Secretary of State of Maryland certain specified information to include disclosure of political
contributions in excess of $100 to candidate for elective office any primary or general election.
57. Incorporation by reference
All terms and conditions under the solicitation, and any amendments thereto, are made
part of this contract.
58. Maryland Law Prevails
The parties hereby agree that:
A.
B.
This contract was made and entered into in Maryland, and under the laws
of Maryland.
The Law of Maryland shall govern the resolution of any issue arising in
connection with this contract including, but not limited to, all questions
concerning the validity of this contract the capacity of the parties to enter
therein, any modification or amendment thereto and the rights and
obligations of the parties hereunder.
59. Bid Award- Resident Business
A.
Contracts are subject to the applicable provisions of COMAR Title
25.01.01.04, which stipulates that when awarding a contract by
competitive bidding, the State may give a preference to the lowest
responsive and responsible bid from a Maryland firm over that of a non26
ATTACHMENT H
resident firm if the State in which the non-resident firm is located gives a
resident business preference.
B.
The preference given under this Section shall be identical to the
preference, through law, policy or practice, given to its residents by the
State in which the non-resident firm is located.
C.
This provision shall not apply if it conflicts with any Federal grant or
regulation affecting this Contract.
60. Payment of State Obligations
A.
Payments to the Contractor pursuant to this Contract shall be made no
later than thirty (30) days after the State’s receipt of a proper invoice from
the Contractor. Charges for late payment of invoices, other than 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, are prohibited.
B.
A proper invoice shall include a description of the items or services
provided; the date the goods were received or the inclusive dates the
services were rendered; the contract price(s) retention, if any; the basis for
the billing; the contract or purchase order number; the Contractor’s federal
Tax Identification Number of Social Security Number; the name of the
address of the proper invoice recipient.
C.
In order to receive payment of the interest, the Contractor must submit a
proper invoice for accrued interest within thirty (30) calendar days after
the payment date of the amount on which the interest is claimed to have
accrued. Interest may not be claimed for more than one year following the
31st calendar day after the date the date that a proper invoice was
received, or on amounts representing unpaid interest, or if claim has been
filed under State Finance and Procurement Article, Title 15, Subtitle 2 of
the Code.
D.
For the purpose of this contract, an amount will not be deemed due and
payable if:
(1) The amount invoiced is inconsistent with the contract
(2) The proper invoice has not been received by the party or office
specified in the contract.
(3) The invoice of performance under the contract is in dispute or the
contractor has failed to otherwise comply with the provision of the
contract.
(4) The item or services have not been accepted.
(5) The quantity of items delivered is less than the quantity ordered.
27
ATTACHMENT H
(6) The items or services do not meet the quantity requirements of the
contract.
(7) If the contract provides for progress payments, the proper invoice for
the progress payment has not been submitted pursuant to the schedule
contained in the agreement.
(8) If the contract provides for the retain age and the invoice is for release
of the retain age, all stipulated conditions for release of the retain age
have not been met.
(9) The Contractor has not submitted satisfactory documentation or other
evidence reasonably required by the procurement officer or by the
procurement officer or by the contract concerning performance under
the contract and compliance with its provisions.
61. Pre-Existing Regulations
In accordance with the provisions of Section 11-206 of the State Finance and
Procurement Article, Annotated Code of Maryland, the regulations set forth in Title 21 of the
Code of Maryland Regulations (COMAR Title 21) in effect on the date of this contract are
applicable to this contract.
62. Retention of Records
The Contractor shall retain and maintain
contract for three years after final payment by the
limitations, whichever is longer, and shall make
authorized representatives of the State, including
reasonable times.
all records and documents relating to this
State hereunder or any applicable Statute of
them available for inspection and audit by
the Procurement Officer or designee, at all
63. General Conditions Controlling
In the event of a conflict between these General Conditions and any other provision of
the contract documents, these General Conditions shall prevail unless such other provision
expressly provides to the contrary.
64. Dissemination of Information
During the term of this contract, the Contractor shall not release any information related
to the services or performances of the services under this contract nor publish any final reports or
documents without the prior written approval of the Administration.
28
ATTACHMENT H
MARYLAND DEPARTMENT OF TRANSPORTAION
GENERAL CONDITIONS FOR MAINTANCE CONTRACTS 1989
ADDENDUM NO.1
Add to Section 28, Remedies and Termination, A., Termination for default, the following
language:
“Termination hereunder, including the determination of the rights and
obligations of the parties shall be governed by the provisions of COMAR
21.07.01.11B.”
Add to Section 28., Remedies and Termination, B., Termination for Convenience of the State,
the following language:
“Termination hereunder, including the determination of the rights and
obligations of the parties shall be governed by the provisions of COMAR
21.07.01.11B.”
Add to Section 52., Disputes, the following Paragraph:
“Unless a lesser period is provided by applicable statute, regulation, or this
Contract, the Contractor must file a written notice of claim with the
procurement Officer within 40 days after the basis for the claim is known or
should have been know, whichever is earlier. Contemporaneously with or
within thirty (30) days of the filing of a notice of claim, but no later than the
date of final payment under the Contract, the Contractor must submit to the
Procurement Officer its written claim containing the information specified in
COMAR 21.10.04.02.”
29
ATTACHMENT H
MARYLAND DEPARTMENT OF TRANSPORTATION GENERAL CONDITIONS FOR
MAINTENANCE CONTRACTS 1989
ADDENDUM NO. 2
Replace Section 5, Contingent Fee Prohibition, Page 6, with the following language:
(a) “The contractor, architect, or engineer warrants that it has not employed
or retained any person, partnership, corporation, or other entity, other
than a bona fide employee, bona fide agent, bona fide salesperson, or
commercial selling agency working for the contractor, architect, or
engineer, to solicit or secure this agreement, and that it has not paid or
agreed to pay any person, partnership, corporation, or other than a bona
fide employee, bona fide salesperson or commercial selling agency, any
fee or other consideration contingent on the making of this agreement.”
(b) “ Contingent fees prohibited; exceptions; lobbyists.-(1)
(i) Except as provided in subparagraph (ii) of this paragraph,
unless a person is bona fide employee, bona fide salesperson,
or commercial selling agency working for the contractor, the
person may not offer or agree to solicit or secure a
procurement contract under this subtitle if the person’s fee is
contingent on, or results from, the making of the procurement
contract.”
(ii) “ A Lobbyist, as defined in Article 40A, Section 1-201 of the
Code, may not offer or agree to solicit or secure a
procurement contract under this subtitle if the lobbyist’s fee is
contingent on, or results from, the making of the procurement
contract.”
30
ATTACHMENT I
OFFICIAL DOCUMENT
SIGNATURE GUIDELINES
Note: this chart does not cover unincorporated associations.
ATTACHMENT J
5.
GENERAL
5.4
Test Report
1.
The test report shall include the following:
1. Summary of project.
2. Description of equipment tested.
3. Description of tests.
4. Test data.
5. Analysis and recommendations.
2.
Test data records shall include the following minimum requirements:
1. Identification of the testing organization.
2. Equipment identification.
3. Humidity, temperature, and other conditions that may affect the results of the
tests/calibrations.
4. Date of inspections, tests, maintenance, and/or calibrations.
5. Identification of the testing technician.
6. Indication of inspections, tests, maintenance, and/or calibrations to be
performed and recorded.
7. Indication of expected results when calibrations are to be performed.
8. Indication of “as-found” and “as-left” results, as applicable.
9. Sufficient spaces to allow all results and comments to be indicated.
3.
The testing organization shall furnish a copy or copies of the complete report as
specified in the maintenance testing contract

INVITATION FOR BID (“IFB”) FOR UNINTERRUPTED POWER

Transcription

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