Template Version 2.0 posted May 5, 2016.
Guidance to Authors (Important! Read This!):
1. You’re starting with the template version listed above. Contact DoIT or check the DoIT website for the latest template version before proceeding to shorten review cycles.
2. If this IFB includes any sensitive data, agencies are required to coordinate with the DBM audit team to determine appropriate security language for this TOIFB. Agencies are strongly recommended to coordinate with DoIT prior to authoring to identify appropriate requirements and obtain any samples that might help.
3. Instructions are included throughout this template to help you tailor the template for your use. Instructions are in bold, italic, with blue highlighter (See Word help feature Apply or Remove Highlighter for more information).
4. Tailoring this IFB starts with performing a find/replace on boilerplate text such as the Solicitation Title. Using find/replace ensures all information is the same throughout the document.
Basic tailoring of IFB dataPerform a find and replace on the following text to begin customizing this IFB. Be sure to turn on “Match Case” for your find and replace. Remove table prior to release.
Note: Don’t change the default fields for any information you do not yet know (also, keep the appropriate line from this table until the substitution is made).
To insert the correct value of: / Find Text
Type exactly as typed below in the find/replace dialog, including brackets < > where indicated, with “Match Case” selected. / Replace With Text
Do NOT include brackets in the “Replace” text
Full name of the department or agency issuing the IFB / <Department or Agency Name> / the correct name
Acronym of the department or agency issuing the IFB / <DEPARTMENT OR AGENCY ACRONYM> / the correct acronym
Correct term, either “Department” or “Agency” used throughout the boilerplate text / Department or Agency (do not include brackets in the find/replace for this one) / the correct word (i.e., Department, Agency)
Solicitation Title / <Solicitation Title> / the correct title
Solicitation Number / <Solicitation Number> / the correct solicitation number
Procurement Officer / <Name of Procurement Officer> / the name of the Procurement Officer
Contract Manager / <Name of Contract Manager> / the name of the Contract Manager
Correct term, either “Contract Manager” or Contract Monitor” / Contract Manager is the default in this document. If your agency strongly prefers the term “Contract Monitor”find:
Contract Manager / Contract Monitor
5. Follow other instructions as provided throughout the document.
6. Tip: Are you familiar with Word features Format Painter or Word “Styles”? This template has a lot of pre-set formats to help with document formatting and auto-numbering. (Start with the Word help feature Use the Format Painter for preliminary information. Call DoIT if you experience difficulty with document formatting.)
7. Remove all instructions prior to release.
Tip: Perform a “Find” on text that has highlighter to locate any remaining instructions. Perform a find for brackets < for customizable data that has not yet been tailored
Department or Agency Name (DEPARTMENT OR AGENCY ACRONYM)
INVITATION FOR BIDS (IFB)
SOLICITATION TITLE
SOLICITATION NO. solicitation number
Issue Date: date of issuance
NOTICE TO BIDDERS
SMALL BUSINESS RESERVE PROCUREMENT
NOTICE
The paragraph below is not appropriate for all agencies. Remove the boilerplate text below if your agency does not collect names and distribute solicitation changes directly to that list. (This decision will be made by the Procurement Officer assigned to this solicitation).
A Prospective Bidder that has received this document from the <DEPARTMENT OR AGENCY ACRONYM> website or https://emaryland.buyspeed.com/bso/, or that has received this document from a source other than the Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this IFB, should immediately contact the Procurement Officer and provide the Prospective Bidder’s name and mailing address so that addenda to the IFB or other communications can be sent to the Prospective Bidder.
Minority Business Enterprises Are Encouraged to Respond to this Solicitation
Instruction: Remove the text below if not an SBR solicitation
NOTICE TO BIDDERS
SMALL BUSINESS RESERVE SOLICITATION
This is a Small Business Reserve Solicitation for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business Reserve Program are eligible for award of a contract.
For the purposes of a Small Business Reserve Solicitation, a small business is a for-profit business, other than a broker, that meets the following criteria:
A. It is independently owned and operated;
B. It is not a subsidiary of another business;
C. It is not dominant in its field of operation; and
D.1 With respect to employees:
(a) Its wholesale operations did not employ more than 50 persons in its most recently completed 3 fiscal years;
(b) Its retail operations did not employ more than 25 persons in its most recently completed 3 fiscal years;
(c) Its manufacturing operations did not employ more than 100 persons in its most recently completed 3 fiscal years;
(d) Its service operations did not employ more than 100 persons in its most recently completed 3 fiscal years;
(e) Its construction operations did not employ more than 50 persons in its most recently completed 3 fiscal years; and
(f) The architectural and engineering services of the business did not employ more than 100 persons in its most recently completed 3 fiscal years; and
D.2 With respect to gross sales:
(a) The gross sales of its wholesale operations did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;
(b) The gross sales of its retail operations did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years;
(c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;
(d) The gross sales of its service operations did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years;
(e) The gross sales of its construction operations did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and
(f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.
Note: If a business has not existed for 3 years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.
Further information on the certification process is available at eMaryland Marketplace.
STATE OF MARYLAND
DEPARTMENT OR AGENCY NAME (DEPARTMENT OR AGENCY ACRONYM)
IFB KEY INFORMATION SUMMARY SHEET
Invitation for Bids: / Solicitation TitleSolicitation Number: / Solicitation Number
Issuing Department or Agency: / <DEPARTMENT OR AGENCY ACRONYM>
Street Address and Room Number
City, State, Zip Code
Issue Date: / mm/dd/yyyy
Bids Due (Closing) Date and Time: / mm/dd/yyyy at hh:mm AM/PM Local Time
Send Bids to (e-mail delivery strongly preferred): / <e-mail address> DoIT encourages e-mail submission. Remove e-mail address if e-mail bids not allowed. Retain delivery address below even if e-mail desired (Agency cannot prevent hand-delivery of Bids)
<DEPARTMENT OR AGENCY ACRONYM>
Street Address and Room Number
City, State, Zip Code
Attention: Name of Procurement Officer
Bid Opening Date and Time / mm/dd/yyyy at hh:mm AM/PM Local Time
Procurement Officer: / Name of Procurement Officer
Phone: phone number>
Fax: <fax number>
e-mail: <e-mail address>
Contract Manager: / Name of Contract Manager
Phone: <phone number>
Fax: <fax number>
e-mail: <e-mail address>
Send Questions (e-mail only) to: / <e-mail address>
Questions Due Date and Time: / mm/dd/yyyy at hh:mm AM/PM Local Time
Pre-Bid Conference and site visit: / mm/dd/yyyy at hh:mm AM/PM Local Time
Street Address and Room Number
City, State, Zip Code
See Attachment E for directions and response form
Contract Duration: / Replace as appropriate <Five (5) years OR Three (3) year base period and <two (2)> one-year option periods
MBE Subcontracting Goal: / MBE goal percentage %
VSBE Subcontracting Goal: / VSBE goal percentage %
Small Business Reserve / Yes/No choose one
TABLE OF CONTENTS
1 GENERAL INFORMATION 12
1.1 Summary Statement 12
1.2 Abbreviations and Definitions 12
1.3 Contract Type 15
1.4 Contract Duration 15
1.5 Procurement Officer 16
1.6 Contract Manager 16
1.7 Pre-Bid Conference 16
1.8 eMaryland Marketplace (eMM) 16
1.9 Questions 17
1.10 Procurement Method 17
1.11 Bid Due (Closing) Date and Time 17
1.12 Multiple or Alternate Bids 17
1.13 Receipt, Opening and Recording of Bids 18
1.14 Confidentiality of Bids 18
1.15 Award Basis 18
1.16 Tie Bids 18
1.17 Duration of Bid 18
1.18 Revisions to the IFB 18
1.19 Cancellations 19
1.20 Incurred Expenses 19
1.21 Protests/Disputes 19
1.22 Bidder Responsibilities 19
1.23 Substitution of Personnel 20
1.24 Mandatory Contractual Terms 20
1.25 Bid/Proposal Affidavit 21
1.26 Contract Affidavit 21
1.27 Compliance with Laws/Arrearages 21
1.28 Verification of Registration and Tax Payment 21
1.29 False Statements 21
1.30 Payments by Electronic Funds Transfer 22
1.31 Prompt Payment Policy 22
1.32 Electronic Procurements Authorized 22
1.33 Minority Business Enterprise (MBE) Participation Goal 24
1.34 Living Wage Requirements 27
1.35 Federal Funding Acknowledgement 28
1.36 Conflict of Interest Affidavit and Disclosure 29
1.37 Non-Disclosure Agreement 29
1.38 Non-Visual Access 29
1.39 Mercury and Products That Contain Mercury 30
1.40 Veteran-Owned Small Business Enterprise Goals 30
1.41 Location of the Performance of Services Disclosure 32
1.42 Department of Human Resources (DHR) Hiring Agreement 32
1.43 Purchasing and Recycling Electronic Products 33
1.44 Economy of Preparation 33
1.45 Contract Extended To Include Other Non-State Governments or Agencies 33
2 MINIMUM QUALIFICATIONS 35
2.1 Minimum Qualifications 35
3 SCOPE OF WORK 36
3.1 Background and Purpose 36
3.2 Scope of Work – Requirements 36
3.3 Security Requirements 37
3.4 Insurance Requirements 42
3.5 Problem Escalation Procedure 44
3.6 Invoicing 45
3.7 SOC 2 Type II Audit Report 45
3.8 Acceptance 48
3.9 Ordering and Delivery 48
3.10 Customer Inquiries 51
4 BID FORMAT 52
4.1 One-Part Submission 52
4.2 Labeling 52
4.3 Bid Form 52
4.4 Required Bid Submissions 53
4.5 Bid Delivery 55
4.6 Documents Required upon Notice of Recommended Award 56
5 EVALUATION CRITERIA AND PROCEDURE 57
5.1 Evaluation Criteria 57
5.2 Financial Criteria 57
5.3 Reciprocal Preference 57
5.4 Award Determination 57
Attachment A - CONTRACT 60
1. Definitions 60
2. Scope of Contract 61
3. Period of Performance 61
4. Consideration and Payment 61
5. Patents, Copyrights, Intellectual Property 62
6. Indemnification 64
7. Limitations of Liability 64
8. Prompt Pay Requirements 65
9. Risk of Loss; Transfer of Title 66
10. Source Code Escrow 66
11. Loss of Data 67
12. Markings 67
13. Exclusive Use and Ownership 67
14. Confidentiality 67
15. Parent Company Guarantee (If Applicable) 67
16. General Terms and Conditions 68
17. Administrative Information 78
Attachment B - BID/PROPOSAL AFFIDAVIT 82
Attachment C - CONTRACT AFFIDAVIT 89
Attachment D - MINORITY BUSINESS ENTERPRISE FORMS 93
MBE ATTACHMENT D-1A: MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT & MBE PARTICIPATION SCHEDULE 93
MBE ATTACHMENT D-1A: MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT & MBE PARTICIPATION SCHEDULE 96
MBE ATTACHMENT D-1B WAIVER GUIDANCE 99
MBE ATTACHMENT D-1C - GOOD FAITH EFFORTS DOCUMENTATION TO SUPPORT WAIVER REQUEST 106
MBE ATTACHMENT D- 2 - OUTREACH EFFORTS COMPLIANCE STATEMENT 111
MBE Attachment D-3A - MBE SUBCONTRACTOR PROJECT PARTICIPATION CERTIFICATION 113
MBE Attachment D-3B - MBE PRIME PROJECT PARTICIPATION CERTIFICATION 115
MBE ATTACHMENT D-4A MBE Prime Contractor Paid/Unpaid MBE Invoice Report 116
Sample MBE D-5 Subcontractor Paid/Unpaid MBE Invoice Report 117
MBE Attachment D-4B MBE Prime Contractor Report 118
MBE D-5 Subcontractor Paid/Unpaid MBE Invoice Report 120
Attachment E - PRE-BID CONFERENCE RESPONSE FORM 121
Attachment F - BID PRICING INSTRUCTIONS AND FORM 123
BID FORM 125
Attachment G - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS 128
ATTACHMENT G-1 130
Attachment H - FEDERAL FUNDS ATTACHMENT 132
ATTACHMENT H-1 135
ATTACHMENT H-2 136
ATTACHMENT H-3 138
Attachment I - CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE 139
Attachment J - NON-DISCLOSURE AGREEMENT 140
NON-DISCLOSURE AGREEMENT - ATTACHMENT J-1 143
NON-DISCLOSURE AGREEMENT – ATTACHMENT J-2 144
Attachment K - HIPAA BUSINESS ASSOCIATE AGREEMENT 145
ATTACHMENT K-1 152
Attachment L - MERCURY AFFIDAVIT 154
Attachment M - VETERAN-OWNED SMALL BUSINESS ENTERPRISE 156
ATTACHMENT M-1 158
ATTACHMENT M-2 160
ATTACHMENT M-3 161
ATTACHMENT M-4 162
Attachment N - LOCATION OF THE PERFORMANCE OF SERVICES DISCLOSURE 163
Attachment O - DHR HIRING AGREEMENT 166
STATE OF MARYLAND
NOTICE TO OFFERORS/BIDDERS/CONTRACTORS
Maryland Wants to Do Business with You
Please let us know why you are not bidding. (Check all that apply).
☐ We do not offer the services/commodities requested.
☐ Busy with other commitments.
☐ Specifications are unclear or too restrictive.
☐ Timetable is unworkable.
☐ Bonding/Insurance requirements are prohibitive.
☐ Our experience with State of Maryland has not been satisfactory.
☐ Other (Please specify)
Additional Comments:
Please add suggestions for improvement here:
Name of commenter and Business (optional): ______
Contact Person (optional): ______Phone (____) _____ - ______
Bid/proposal Number: Solicitation Number Entitled: Solicitation Title
Your comments will help us improve the procurement process.
Thank You.
Please return your comments with your bid/proposal. If you have chosen not to bid on this IFB, please e-mail this completed form to the Procurement Officer’s e-mail address.
1 GENERAL INFORMATION
1.1 Summary Statement
1.1.1 The Department or Agency Name (<DEPARTMENT OR AGENCY ACRONYM> or the “Department or Agency”) is issuing this Invitation for Bids (IFB) to provide insert description.
Note: Perform a global find/replace on the text Department or Agency replacing with either the term Department or the term Agency. The template indicates where the actual name or acronym is required by using brackets as seen in 1.1.1 above. See additional instructions on the title page of this template.