Maryland Stadium Authority
Invitation for Bids
Emergency Generator Maintenance, Testing and Repair at
Oriole Park at Camden Yards
MSA PROJECT NO. 11-035
Issue Date: May 19, 2011
Minority Business Enterprises are Encouraged to Respond to this Solicitation
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Emergency Generator Maintenance, Testing and Repair
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KEY INFORMATION SUMMARY SHEET
MARYLAND STADIUM AUTHORITY
Invitation for Bids
Emergency Generator Maintenance, Testing and Repair at Camden Yards
PROJECT NUMBER: 11-035
Invitation for Bids Issue Date
May 19, 2011
Procurement Officer
Sandra E. Fox
Maryland Stadium Authority
333 West Camden Street, Suite 500
Baltimore, Maryland 21201
Office Phone: (410) 223-4130
Fax: (410) 333-1888
e-mail: sfox@mdstad.com
Pre-Bid Meeting
May 25, 2011@1:00 P.M.
Maryland Stadium Authority
333 West Camden Street, Suite 500
Baltimore, Maryland 21201
Closing Date and Time
June 6, 2011@ 2:00 P.M.
Public Bid Opening
June 6, 2011@2:10 P.M.
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TABLE OF CONTENTS
SECTION 1……… ........................................................................ GENERAL INFORMATION
SECTION 2 .............................................................................. MINIMUM QUALIFICATIONS
SECTION 3 .............................................................................. INSTRUCTIONS TO BIDDERS
SECTION 4…………………………………………….………EVALUATION AND AWARD
SECTION 5……………….GENERAL PROVISIONS AND CONDITIONS OF CONTRACT
SECTION 6 ..........................................................................................................WORK RULES
EXHIBIT I…………………………………………………………...STATEMENT OF WORK
EXHIBIT II………………………………………………………………...EQUIPMENT LIST
EXHBIT III…………………………………………………………………………TASK LIST
ATTACHMENTS
A –Bid Form
B – Contract Form
C – Bid/Proposal Affidavit
D – Contract Affidavit
E – Conflict of Interest Affidavit/Disclosure
F – Contractor’s Qualification Statement
G – INTENTIONALLY OMITTED
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SECTION 1 - GENERAL INFORMATION
1. SUMMARY STATEMENT
The Maryland Stadium Authority (―MSA‖) is issuing this Invitation for Bids (―IFB‖) to obtain a
contractor that will provide emergency generator maintenance, testing and repair services (the
―Services‖) at Oriole Park at Camden Yards located at 555 Russell Street, Baltimore, MD 21230.
1.1.
This Statement of Work (―SOW‖) covers performance requirements for Emergency
Power Supply Systems (―EPSS’s‖) providing an alternate source of electrical power to
loads in the event that the primary power source fails.
1.2.
EPSS’s covered in this SOW include power sources, transfer equipment, controls,
supervisory equipment, and all related electrical and mechanical auxiliary and accessory
equipment needed to supply electrical power to the load terminals of the transfer
equipment.
1.3.
This SOW covers maintenance, operation, and testing requirements as they pertain to the
performance of the EPSS’s.
2. CONTRACT DURATION
The Contract will be for a term of three years beginning on or about July 1, 2011 and continuing through
June 30, 2014. MSA will have two options to renew the Contract for terms of one(1) year each on the
same terms and conditions at its sole and absolute discretions.
3. PROCUREMENT OFFICER
The sole point-of-contact in the State for purposes of this IFB prior to the award of the Contract is the
Procurement Officer listed below:
Sandra E. Fox, Procurement Specialist
Maryland Stadium Authority
333 West Camden Street, Suite 500
Baltimore, Maryland 21201
Phone: 410-223-4130
Facsimile: 410-333-1888
MSA reserves the right to change the Procurement Officer at any time.
4. CONTRACT ADMINISTRATOR
For OPCY, the MSA Contract Administrator is listed below:
Susan Thorman, Director of Facilities
Maryland Stadium Authority
Office of Facilities Management
555 Russell Street, Suite A
Baltimore, MD 21230
Office 410-576-0300 x 319 Fax 410-539-7640
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E-mail: SThorman@mdstad.com
MSA reserves the right to change the Contract Administrator(s) at any time.
5. CONTRACT MONITOR
The MSA Contract Monitor is:
Phil Cohen
Manager, Engineering and Maintenance Services
Maryland Stadium Authority
Office of Facilities Management
Camden Yards Sports Complex
555 Russell Street, Suite A
Baltimore, MD 21230
T-410-576-0300
Email: Phil@mdstad.com
MSA reserves the right to change the Contract Monitor at any time.
6. PRE-BID MEETING
6.1. A pre-bid meeting (―Pre-Bid Meeting‖) will be held on May 25, 2011 beginning at 1:00 p.m.
Local Time, at the offices of the MSA at 333 West Camden Street, Suite 500, Baltimore,
Maryland 21201. Attendance at the Pre-Meeting 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 IFB requirements.
6.2. As promptly as is feasible subsequent to the Pre-Bid Meeting, a summary of the meeting and all
questions and answers known at that time will be distributed, free of charge, to all prospective
Bidders known to have received a copy of this IFB.
7.
“E-MARYLAND MARKETPLACE”
7.1. eMM is an electronic commerce system administered by the Maryland Department of General
Services. In addition to using the MSA web site (www.mdstad.com) and other means for
transmitting the IFB and associated materials, the solicitation and summary of the Pre-Bid
Meeting, Bidder questions and the Procurement Officer’s responses, addenda, and other
solicitation related information will be provided via eMM.
7.2. In order to receive a contract award, a vendor must be registered on eMM. Registration is free.
Go here to register: https://ebidmarketplace.com/. Click on ―Registration‖ to begin the process
and follow the prompts.
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8. ELECTRONIC PROCUREMENTS AUTHORIZED
8.1. MSA may conduct procurement transactions by electronic means, including the solicitation,
bidding, award, execution, and administration of a contract, as provided in the Maryland
Uniform Electronic Transactions Act, Commercial Law Article, Title 21, Annotated Code of
Maryland.
8.2. Participation in the solicitation process on a procurement contract for which electronic means has
been authorized shall constitute consent by the bidder/offeror to conduct by electronic means all
elements of the procurement of that Contract which are specifically authorized under the RFP or
the Contract.
8.3. ―Electronic means‖ refers to exchanges or communications using electronic, digital, magnetic,
wireless, optical, electromagnetic, or other means of electronically conducting transactions.
Electronic means includes facsimile, electronic mail, internet-based communications, electronic
funds transfer, specific electronic bidding platforms (e.g. eMarylandMarketplace.com), and
electronic data interchange.
8.4. In addition to specific electronic transactions specifically authorized in other sections of this IFB
(e.g. §1.30 related to EFT) and subject to the exclusions noted in section 8.5 of this subsection,
the following transactions are authorized to be conducted by electronic means on the terms
described:
A.
The Procurement Officer may conduct the procurement using eMarylandMarketplace, email or facsimile to issue:
(i)
(ii)
(iii)
(iv)
(v)
B.
An Offeror or potential Offeror may use e-mail or facsimile to:
(i)
(ii)
(iii)
(iv)
C.
the solicitation (e.g. the RFP, IFB);
any amendments;
pre-proposal conference documents;
questions and responses;
communications regarding the solicitation or proposal to any Offeror or
potential Offeror including requests for clarification, explanation, or removal
of elements of an Offeror's proposal deemed not acceptable;
(vi)
notices of award selection or non-selection; and
(vii)
the Procurement Officer’s decision on any protest or Contract claim.
ask questions regarding the solicitation;
reply to any material received from the Procurement Officer by electronic
means that includes a Procurement Officer's request or direction to reply by email or facsimile, but only on the terms specifically approved and directed by
the Procurement Officer;
request a debriefing; or,
submit a "No Bid Response" to the solicitation.
The Procurement Officer, Contract Administrators, Contract Monitor and the
Contractor may conduct day-to-day Contract administration, except as outlined in
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section 5 of this subsection utilizing e-mail, facsimile or other electronic means if
authorized by the Procurement Officer, Contract Administrator or Contract Monitor.
8.5.
The following transactions related to this procurement and any Contract awarded
pursuant to it are not authorized to be conducted by electronic means:
A.
B.
C.
D.
E.
8.6.
submission of initial bids or proposals;
filing of protests;
filing of Contract claims;
submission of documents determined by MSA to require original signatures (e.g.
Contract execution, Contract modifications, etc); or
any transaction, submission, or communication where the Procurement Officer
has specifically directed that a response from the Contractor, Bidder or Offeror
be provided in writing or hard copy.
Any facsimile or electronic mail transmission is only authorized to the facsimile
numbers or electronic mail addresses for the identified person as provided in the RFP,
the Contract, or in the direction from the Procurement Officer, Contract
Administrator or Contract Monitor.
9. QUESTIONS
9.1.
The Procurement Officer, prior to the Pre-Bid Meeting, will accept written questions
from prospective Bidders. If possible and appropriate, such questions will be answered at
the Pre-Bid Meeting. (No substantive question will be answered prior to the Pre-Bid
Meeting.) Questions may be submitted by mail, by facsimile, or preferably, by e-mail to
the Procurement Officer. Questions, both oral and written, will also be accepted from
prospective Bidders attending the Pre-Bid Meeting. If possible and appropriate, these
questions will be answered at the Pre-Bid Meeting.
9.2.
Questions will also be accepted subsequent to the Pre-Bid Meeting. All post-meeting
questions should be submitted in a timely manner to the Procurement Officer only. The
Procurement Officer, based on the availability of time to research and communicate an
answer, will decide whether an answer can be given before the bid due date. Answers to
all substantive questions that have not previously been answered, and are not clearly
specific only to the requestor, will be distributed to all vendors who are known to have
received a copy of this IFB.
10. BIDS DUE (CLOSING) DATE
10.1.
Bids must be received by the Procurement Officer no later than 2:00:00 P.M. (Local
Time) on June 6, 2011, in order to be considered.
10.2.
Requests for extension of this date or time will not be granted. Bidders mailing bids
should allow sufficient mail delivery time to ensure timely receipt by the Procurement
Officer. Bids received by the Procurement Officer after the deadline will not be
considered. Bids may not be submitted by e-mail or facsimile. Bids will not be opened
publicly.
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11. DURATION OF OFFER
Bids submitted in response to this IFB are irrevocable for 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.
12. REVISIONS TO THE IFB
12.1.
If it becomes necessary to revise this IFB before the due date for bids, amendments will be
provided to all prospective Bidders who were sent this IFB or otherwise are known by the
Procurement Officer to have obtained this IFB. Amendments made after the due date for
bids will be sent only to those Bidders who submitted a timely bid.
12.2.
Acknowledgment of the receipt of all amendments to this IFB issued before the bid due
date must accompany the Bid. Acknowledgement of the receipt of amendments to the IFB
issued after the bid due date shall be in the manner specified in the amendment notice.
Failure to acknowledge receipt of amendments does not relieve the Bidder from
complying with all terms of any such amendment.
12.3.
This IFB may be subject to revision by MSA. Any revisions will be posted on the
MSA website and published via e-MarylandMarketplace (eMM). To assure your
receipt of notice of any such revision, you should monitor the MSA website and be
certain that you are registered with eMM.
13. CANCELLATIONS
MSA reserves the right to cancel this IFB, accept or reject any and all bids, in whole or in part, received
in response to this IFB, to waive or permit cure of minor irregularities.
14. ORAL PRESENTATIONS
As part of the technical qualifications analysis, Bidders may be required to make oral presentations MSA
representatives. The Procurement Officer will notify Bidders of the time and place of oral presentations,
if any. Typically, oral presentations follow a specified format and generally are limited to one (1) hour.
The Procurement Officer will issue a letter with details and instructions prior to the presentations.
The presentation may include, but not be limited to, the following items in the Bidder’s Technical Bid:
·
·
·
·
Description of how the Bidder plans to meet the identified requirements in the IFB;
Experience and capabilities;
Description of the organization;
Description of references and the scope of services to other clients by each reference.
15. PROCUREMENT METHOD
The Contract will be awarded in accordance with the competitive sealed bids process under Section 3 (C)
of MSA’s Procurement Policies. MSA’s Procurement Policies are available for review on MSA’s
website at www.mdstad.com or may be obtained by contacting the Procurement Officer.
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16. INCURRED EXPENSES
MSA will not be responsible for any costs incurred by a Bidder in preparing and submitting a bid, in
making an oral presentation, in providing a demonstration, or in performing any other activities relative to
this IFB.
17. ELECTRONIC FUNDS TRANSFER
By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds
transfer unless the State Comptroller’s Office grants an exemption. The selected Bidder shall register
using the attached form COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.
Any request for exemption must be submitted to the State Comptroller’s Office for approval at the
address specified on the COT/GAD X-10 form and must include the business identification information
as stated on the form and include the reason for the exemption.
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SECTION 2 – QUALIFICATION REQUIREMENTS
1.1
QUALIFICATIONS
1.1.1.
Contractor or subcontractor shall have no less than three (3) years experience in
providing maintenance service to emergency generators as specified for equipment listed
within, or comparable equipment to the type and size required.
1.1.2.
Contractor or subcontractor shall have no less than two (2) Certified Mechanics with
minimum of three (3) years experience on equipment equal or comparable to that listed
within, to perform the work. Mechanics shall have certification from a
recognized engineering school (Caterpillar, Cummins, Detroit, Onan, Generac or
Kohler.). MSA prefers mechanics to also be certified as an Electrical Generator
Systems Technician through the Electrical Generating Systems Association's
(EGSA) generator systems technician certification program.
1.1.3.
The Contractor shall be capable of providing twenty-four hour (24) service, seven
(7) days per week basis to respond to emergencies within three (3) hours of
notification, 365 days a year. The Contractor shall be capable of handling several
emergency locations at the same time.
1.1.4.
The successful Contractor must be registered to do business in the State of Maryland.
1.1.5
The Bidder’s proof of experience must be demonstrated in the Contractor’s Experience
and Qualifications Form (Attachment F). Documentation of certifications, licenses and
experience for mechanics must be submitted with this form. References may be
checked prior to award. Any negative responses may result in disqualification of the bid.
1.1.6.
The contractor must be registered to do business in the State of Maryland.
1.1.7.
If performing a trade that is subject to licensure by the State of Maryland, the
contractor shall have and maintain a trade license issued by the State of Maryland.
END OF SECTION 2
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SECTION 3 – INSTRUCTIONS TO BIDDERS
1. SUBMISSION REQUIRED
1.1. Bidders must respond to all requirements identified in the IFB. Bidders who fail to do so may
be deemed not responsive.
2. INSTRUCTIONS FOR SUBMISSION OF BIDS
2.1. On the outside of the sealed package, the Bidder must also include the MSA Project Number,
the name and address of the Bidder, the and the closing date and time for receipt of bids.
2.2. An executed original, so identified, and three (3) paper copies are to be submitted.
3. CONTENT OF BID PACKAGE
3.1. The Bid Package must include the following:
3.1.1. Bid Form (Attachment A);
3.1.2. Bid/ Proposal Affidavit (Attachment C);
3.1.3. Conflict of Interest Affidavit and Disclosure (Attachment E); and
3.1.4. Contractor’s Experience and Qualifications Form (Attachment F).
All Unit Prices listed on the Bid Form will be Firm Fixed prices as provided thereon.
MSA shall pay no amounts other than those specified on the Bid Form.
3.2. Nothing shall be entered on the Bid Form that alters or proposes conditions or contingencies on
the proposed prices or offer.
3.3. All Unit Prices must be clearly typed or written in dollars and cents, e.g. $24.15; All Unit Prices
shall be the actual prices that the MSA will pay.
4. ACCESS TO PUBLIC RECORDS NOTICE
Bidder should give specific attention to the clear identification of those portions of the Bid that it
considers confidential, proprietary commercial 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, Title 10, Subtitle 6, of the State Government Article of the Annotated Code of Maryland.
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. (See COMAR
21.05.08.01).
5. MANDATORY CONTRACTUAL TERMS
By submitting an offer in response to this IFB, the Bidder, if selected for award, shall be deemed to have
accepted all of the requirements, terms and conditions set forth in this IFB. Any exceptions must be
clearly identified in the Bid. A Bid that takes exception to these terms may be rejected.
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6. CONTRACT AFFIDAVIT
Bidders are advised that if a contract is awarded as a result of this IFB, the successful Bidder will be
required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes
as Attachment D.
END OF SECTION 3
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SECTION 4 – EVALUATION AND AWARD
1. GENERAL SELECTION PROCESS
1.1. Prior to award of a contract pursuant to this IFB, MSA may require any or all Bidders to submit
such additional information bearing upon the Bidder’s ability to perform the contract as MSA
may deem appropriate. MSA may also consider any information otherwise available concerning
the financial, technical and other qualifications or abilities of the Bidder.
2.
EVALUATION
2.1. Only responsive bidders that are deemed qualified and responsible by MSA, in MSA’s sole and
absolute discretion, shall be eligible for award of the contract.
2.2. MSA reserves the right to conduct interviews with bidders during the evaluation process.
3. DETERMINATION OF THE LOWEST BIDDER
3.1. Bids shall be evaluated to determine which bidder offers the lowest cost to MSA. Except as
otherwise provided below in Section 4, Mistakes in Bids:
3.2. The unit price will govern in the event of a discrepancy between the unit price bid and the
extended price (product of unit price multiplied by the quantity).
3.3. The sum of the extended prices will govern in the event of a discrepancy between the total lump
sum bid and the extended prices.
3.4. The written words will govern in the event of a discrepancy between the prices written in words
and the prices written in figures.
3.5. If the unit price has been omitted, the unit price will be determined by dividing the extended
price by the quantity.
4. MISTAKES IN BIDS
4.1. Mistakes Discovered Before Opening: A bidder may correct mistakes discovered before the
time and date set for the opening by correcting the bid or withdrawing the bid as provided in the
above section.
4.2. Confirmation of Bid: If the Procurement Officer knows or has reason to conclude that a
mistake may have been made, the bidder may be required to confirm the bid. Situations in
which confirmation may be requested include obvious apparent errors on the face of the bid or a
bid unreasonably lower than the other bids submitted. If the Bidder alleges mistake, the bid
may be corrected or withdrawn upon written approval if any of the following conditions are
met:
4.3. If the mistake and intended correction are clearly evident on the face of the bid document, the
bid shall be corrected to the intended correct bid and may not be withdrawn. Examples of
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mistakes that may be clearly evident on the face of the bid documents are typographical errors,
errors in extending unit prices, transportation errors, and arithmetical errors.
4.4. A Bidder may be permitted to withdraw a low bid if:
4.4.1. A mistake is clearly evident on the face of the bid document but the intended correct bid
is not similarly evident; or
4.4.2. The bidder submits proof of evidentiary value which clearly and convincingly
demonstrates that a mistake was made.
4.5. Mistakes Discovered After Award. Mistakes may not be corrected after the award of the
Contract except when the Procurement Officer and the head of the Procurement Agency make a
determination that it would be unconscionable not to allow the mistake to be corrected.
Changes in price are not permitted.
5. AWARD
5.1. The contract will be awarded to the qualified Bidder with a responsive Bid that meets the
requirements set forth in the IFB and is the lowest price.
5.2. Prior to award, MSA reserves the right to require the prospective awardee to: (a) furnish such
additional information necessary to assess the contractor’s responsibility, including, but not
limited to: copies of the Bidder’s Annual Report or (1) Program Financial Statements (Income,
Cash Flow Statement and Balance Sheet) for the past two complete business years; and (2)
demonstrate that he/she has the skills, equipment and other resources to satisfactorily perform
work of the nature and magnitude necessary to complete the work within the required schedule.
The Procurement Officer may also consider any information otherwise available concerning the
financial, technical and other qualifications or abilities of the Bidder.
5.3. The award will be based on the base bid in the Bid Form, plus add/deduct alternates accepted
by MSA. MSA alone will determine whether to select any alternates.
5.4. The award of the contract shall not be effective until MSA has obtained all required approvals.
5.5. MSA reserves the right to accept or reject any and all bids or parts of bids, to waive any
irregularity or to cancel the award of any contract before the execution of the contract by all
parties without liability on MSA’s part.
5.6. MSA reserves the right to divide the scope of work into multiple contracts and make multiple
awards if determined to be in MSA’s best interest to do so.
6. RECIPROCAL PREFERENCE
Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding
procurement contracts, many other states do grant their resident businesses preferences over Maryland
contractors. Therefore, as described in COMAR 21.05.01.04, a resident business preference will be given
if: a responsible Bidder whose headquarters, principal base of operations, or principal site that will
primarily provide the services required by this IFB is in another state submits the most advantageous
offer; the other state gives a preference to its residents through law, policy, or practice; and the preference
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does not conflict with a federal law or grant affecting the Contract. The preference given will be identical
to the preference that the other state, through law, policy, or practice gives to its residents.
7.
EXECUTION OF CONTRACT
7.1. Along with the Notice of Intent to Award, MSA shall forward the contract form to the
successful Bidder for execution. In addition to the executed contract form, the successful
Bidder shall furnish the following in the form and content required by MSA.
7.1.1.
7.1.2.
7.1.3.
7.1.4.
Contract Affidavit;
Performance and Payment Bonds, if required;
Certificates of Insurance; and
Such other requirements as may be specified elsewhere in solicitation documents.
7.2.
Contract and additional documentation shall be returned to MSA within seven (7) calendar
days of receipt. This documentation is a prerequisite for execution of the contract.
7.3.
The successful Bidder’s failure to execute the contract and provide documents listed above
may result in the cancellation of award. In such event, MSA shall have the option to award the
contract to the next lowest Bidder and reserves the right to proceed against the successful
Bidder for its damages.
END OF SECTION 4
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SECTION 5 – GENERAL PROVISIONS AND
CONDITIONS OF CONTRACT
1. ABREVIATIONS AND DEFINITIONS
For purposes of this IFB, the following abbreviations and terms have the meanings indicated below:
1.1. Baltimore Orioles – Baltimore Orioles Limited Partnership.
1.2. COMAR - Code of Maryland Regulations (available at www.dsd.state.md.us).
1.3. Contract – The contract entered into between MSA and the selected Bidder responding to this
IFB. The Contract will include all general MSA terms and conditions, and will incorporate the
entire IFB, including any amendments/addenda, and all or indicated portions of the selected
Bidder’s Bid. A sample service contract is included as Attachment B to this IFB.
1.4. Contract Administrator (CA) – The MSA representative for this Contract that is primarily
responsible for Contract administration functions, including issuing written direction,
compliance with terms and conditions, monitoring this Contract to ensure compliance with the
terms and conditions of the Contract and to assist the CM in achieving on budget/on time/on
target (e.g., within scope) completion of the Contract requirements. MSA may change the CA
at any time by written notice to the Contractor.
1.5. Contract Monitor (CM) – The MSA representative that is primarily responsible for
monitoring the daily activities of the Contract and providing technical assistance to the
Contractor. MSA may change the CM at any time by written notice to the Contractor.
1.6. Contractor – The Bidder selected to receive the Contract award under the procedures
contained in this IFB.
1.7. eMM – eMaryland Marketplace (www.ebidmarketplace.com).
1.8. Local Time – Time in the Eastern Time Zone as observed by the State.
1.9. MBE –Minority Business Enterprise certified by the Maryland Department of Transportation.
1.10. MSA – Maryland Stadium Authority.
1.11. MSA Business Hours – 7:00 A.M. to 5:00 P.M., local time, Monday through Friday, excluding
State holidays.
1.12. MSA Procurement Policies – Maryland Stadium Authority Procurement Policies and
Procedures.
1.13. Notice To Proceed (NTP) – A formal notification issued by the Procurement Officer that:
(1) directs the Contractor to perform work, and (2) as of a date contained in the NTP, to
begin performance of the work.
1.14. Bidder – An entity that submits a Bid in response to this IFB.
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1.15. Procurement Officer (PO) – The MSA representative responsible for this IFB and for the
resulting Contract. The Procurement Officer is also responsible for issuing notices to proceed,
determining scope issues, and is the only MSA representative that can authorize changes to the
Contract. MSA may change the Procurement Officer at any time by written notice to the
Contractor.
1.16. Bid - The technical and financial response provide by Bidders in response to this IFB.
1.17. IFB – This solicitation.
1.18. State – The State of Maryland.
2. CONTRACTOR RESPONSIBILITIES
The Contractor shall be responsible for all products and/or services required by this IFB. The Contractor
shall retain responsibility for all work performed by and any deliverable submitted by a subcontractor. If
the Contractor that seeks to perform or provide the services required by this IFB is the subsidiary of
another entity, all information submitted by the Contractor such as, but not limited to, references and
financial reports, shall pertain exclusively to the Contractor, unless the parent organization will guarantee
the performance of the subsidiary. If applicable, the Contractor’s bid must contain an explicit statement
that the parent organization will guarantee the performance of the subsidiary.
3. ARREARAGES
The Contractor represents that it is not in arrears in the payment of any obligations due and owing the
State of Maryland, including, by way of example only, the payment of taxes and employee benefits, and
that it will not become so in arrears during the term of the Contract if selected for contract award.
4.
PROTESTS
Any protest related to this IFB will be subject to Section 10 of MSA’s Procurement Policies and
Procedures or the relevant provisions of the Contract. MSA’s Procurement Policies are available for
review on MSA’s website at www.mdstad.com or may be obtained by contacting the Procurement
Officer.
5. VERIFICATION OF REGISTRATION AND TAX PAYMENT
Before a corporation can do business in the State it must be registered with the Department of
Assessments and Taxation, State Office Building, Room 803, 301 West Preston Street, Baltimore,
Maryland 21201. It is strongly recommended that any Bidder complete registration prior to the due date
for receipt of bids. A Bidder’s failure to complete registration with the Department of Assessments and
Taxation may disqualify an otherwise successful Bidder from final consideration and recommendation for
contract award.
6. FALSE STATEMENTS
6.1.
Section 11-205.1 of the State Finance and Procurement Article of the Annotated Code of
Maryland provides as follows:
6.1.1. In connection with a procurement contract, a person may not willfully:
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6.1.1.1.
6.1.1.2.
6.1.1.3.
6.1.1.4.
6.2.
Falsify, conceal, or suppress a material fact by any scheme or device;
Make a false or fraudulent statement or representation of a material fact; or
Use a false writing or document that contains a false or fraudulent statement or
entry of a material fact.
A person may not aid or conspire with another person to commit an act under
subsection (a) of this section.
A person who violates any provision of this section is guilty of a felony and on conviction is
subject to a fine not exceeding $20,000 or imprisonment not exceeding five years or both.
7. NON-EXCLUSIVE USE
It is MSA’s intention to obtain the services described in this IFB under the resulting Contract. This
Contract shall not be construed to require the MSA to use this Contract exclusively. MSA reserves the
right to obtain services of any nature from other sources when it is in the best interest of MSA to do so
and without notice to the Contractor. MSA makes no guarantee that it will purchase any products or
services under the resulting Contract.
8. PROMPT PAYMENT TO SUBCONTRACTORS
8.1.
If the Contractor withholds payment of an undisputed amount to its subcontractor, MSA, at its
option and in its sole discretion, may take one or more of the following actions:
8.1.1. Not process further payments to the contractor until payment to the subcontractor is
verified;
8.1.2. Suspend all or some of the contract work without affecting the completion date(s) for
the contract work;
8.1.3. Pay or cause payment of the undisputed amount to the subcontractor from monies
otherwise due or that may become due;
8.1.4. Place a payment for an undisputed amount in an interest-bearing escrow account; or
8.1.5. Take other or further actions as appropriate to resolve the withheld payment.
8.2.
An ―undisputed amount‖ means an amount owed by the Contractor to a subcontractor for
which there is no good faith dispute, including any retainage withheld, and includes an amount
withheld because of issues arising out of an agreement or occurrence unrelated to the
agreement under which the amount is withheld.
8.3.
An act, failure to act, or decision of a Procurement Officer or a representative of MSA,
concerning a withheld payment between a contractor and subcontractor under this policy
directive, may not:
8.3.1. Affect the rights of the contracting parties under any other provision of law;
8.3.2. Be used as evidence on the merits of a dispute between MSA and the contractor in any
other proceeding; or
8.3.3. Result in liability against or prejudice the rights of MSA.
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8.4.
The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13
with respect to subcontractors that have contracted pursuant to the Minority Business
Enterprise program.
8.5.
To ensure compliance with certified MBE subcontract participation goals, MSA may,
consistent with COMAR 21.11.03.13, take the following measures:
8.5.1.

Verify that the certified MBEs listed in the MBE participation schedule actually
are performing work and receiving compensation as set forth in the MBE
participation schedule.
8.5.1.1.
This verification may include, as appropriate:
8.5.1.1.1.
8.5.1.1.2.
8.5.1.1.3.
8.5.1.2.
Inspecting any relevant records of the Contractor;
Inspecting the jobsite; and
Interviewing subcontractors and workers.
Verification shall include a review of:
8.5.1.2.1.
The Contractor’s monthly report listing unpaid invoices over 30
days old from certified MBE subcontractors and the reason for
nonpayment; and
8.5.1.2.2.
The monthly report of each certified MBE subcontractor, which
lists payments received from the contractor in the preceding 30
days and invoices for which the subcontractor has not been paid.
8.6.
If MSA determines that the Contractor is in noncompliance with certified MBE participation
goals, then MSA will notify the Contractor in writing of its findings, and will require the
Contractor to take appropriate corrective action.
8.7.
Corrective action may include, but is not limited to, requiring the Contractor to compensate the
MBE for work performed as set forth in the MBE participation schedule.
8.8.
8.7.1.
If MSA determines that the Contractor is in material noncompliance with MBE
contract provisions and refuses or fails to take the corrective action that MSA
requires, then MSA may:
8.7.2.
Terminate the Contract;
8.7.3.
Refer the matter to the Office of the Attorney General for appropriate action; or
8.7.4.
Initiate any other specific remedy identified by the contract, including the
contractual remedies required by this Directive regarding the payment of
undisputed amounts.
Upon completion of the Contract, but before final payment or release of retainage or both, the
Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all
payments made to, or withheld from MBE subcontractors.
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9. RIGHTS TO RECORDS
9.1.
The Contractor agrees that all documents and materials, including but not limited to software,
reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs,
graphics, mechanical, artwork, computations, and data prepared by the Contractor solely for
purposes of this Contract with and delivered to MSA shall be the sole property of MSA and
shall be available to MSA at any time. MSA shall have the right to use the same without
restriction and without compensation to the Contractor other than that specifically provided by
this Contract.
9.2.
The Contractor agrees that, at all times during the term of this Contract and thereafter, works
created as deliverables under this Contract, and services performed under this Contract, shall
be ―works made for hire,‖ as that term is interpreted under U.S. copyright law. To the extent
that any products created as deliverables under this Contract are not works for hire for the
State, the Contractor hereby relinquishes, transfers, and assigns to the State all of its rights,
title, and interest (including all intellectual property rights) to such products, and will
cooperate reasonably with the State in effectuating and registering any necessary assignments.
9.3.
The Contractor shall report to the Procurement Officer, promptly and in written detail, each
notice or claim of copyright infringement received by the Contractor with respect to all data
delivered under this Contract.
9.4.
The Contractor may not affix any restrictive markings upon any data or materials provided
under this Contract, and if such markings are affixed, MSA shall have the right at any time to
modify, remove, obliterate, or ignore such warnings.
10. PATENTS, COPYRIGHTS, AND INTELLECTUAL PROPERTY
10.1. If the Contractor furnishes any design, device, material, process, or other item, that is covered
by a patent or copyright or that is proprietary to or a trade secret of another, it shall obtain the
necessary permission or license to permit MSA to use such item.
10.2. The Contractor will defend or settle, at its own expense, any claim or suit against MSA
alleging that any such item furnished by the Contractor infringes any patent, trademark,
copyright, or trade secret. If a third party claims that a product infringes that party’s patent,
trademark, copyright, or trade secret, the Contractor will defend MSA against that claim at the
Contractor’s expense and will pay all damages, costs, and attorneys fees that a court finally
awards, provided MSA: (i) promptly notifies the Contractor in writing of the claim; and (ii)
allows the Contractor to control, and cooperates with the Contractor in, the defense and any
related settlement negotiations. The obligations of this Section 10.2 are in addition to those
stated in Section 10.3 below.
10.3. If any products furnished by the Contractor become, or in the Contractor's opinion are likely to
become, the subject of a claim of infringement, the Contractor will, at its option and expense:
a) procure for MSA the right to continue using the applicable item; b) replace the product with
a non-infringing product substantially complying with the item's specifications; or c) modify
the item so that it becomes non-infringing and performs in a substantially similar manner to
the original item.
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11. PERSONAL LIABILITY OF PUBLIC OFFICIALS
In carrying out of 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 Procurement Officer or
other authorized representatives personally, it being understood that in all such matters they act solely as
agents and representatives of MSA.
12. REMEDIES
12.1. Correction of Errors, Defects and Omissions. The Contractor agrees to perform the work
as may be necessary to correct errors, defects and omissions in the Services required
under this Contract promptly, without undue delays and without cost to MSA. The
acceptance of the Work set forth herein by MSA shall not relieve the Contractor of the
responsibility of subsequent correction of such errors or damages resulting from its
negligent performance.
12.2. Set-Off. Notwithstanding any other remedies herein, in the event that the Contractor breaches
this Contract or fails to perform the Services or any part of the services in a satisfactory
manner, and such breach or failure is not rectified by the Contractor within five (5) days after
written notice thereof from MSA, then MSA may take any such action necessary to rectify
such breach or failure, including the withholding of payments due to the Contractor until such
breach or failure has been cured. MSA may deduct from and set-off against any amounts due
and payable to the Contractor any back charges or damages sustained by MSA for rectifying
such breach or failure. Nothing herein shall be construed to relieve the Contractor of liability
for additional costs resulting from a failure to satisfactorily perform the Services.
12.3. Remedies Not Exclusive. The rights and remedies contained in this Contract are in addition to
any other right or remedy provided by law, and the exercise of any of them is not a waiver of
any other right or remedy provided by law.
13. REMEDIES CUMULATIVE
The remedies of MSA provided in this Contract shall be in addition to, and not in substitution for, the
rights and remedies which would otherwise be vested in the MSA, under law or at equity, all of which
rights and remedies are specifically reserved by the MSA; and the failure to exercise and remedy provided
for in this Contract shall not preclude the resort to any such remedy for future breaches by MSA, nor shall
the use of any special remedy hereby provided prevent the subsequent or concurrent resort to any other
remedy which by law or equity would be vested in MSA for the recovery of damages or otherwise in the
event of a breach of any of the provisions of this Contract to be performed by MSA.
14. TAXES
MSA is exempt from Federal Excise Taxes and Maryland Sales and Use Taxes. Exemption Certificates
shall be provided upon request. Where 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 be
required to pay the Maryland Sales tax and the MSA exemption does not apply.
15. CONFIDENTIALITY
Subject to the Maryland Public Information Act and any other applicable laws, all confidential or
proprietary information and documentation relating to either party (including without limitation any
information or data stored within the Contractor’s computer systems) shall be held in absolute confidence
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by the other party. Each party shall, however, be permitted to disclose relevant confidential information
to its officers, agents, and employees to the extent that such disclosure is necessary for the performance of
their duties under this Contract, provided that the data may be collected, used, disclosed, stored, and
disseminated only as provided by and consistent with the law. The provisions of this section shall not
apply to information that (a) is lawfully in the public domain; (b) has been independently developed by
the other party without violation of this Contract; (c) was already in the possession of such party; (d) was
supplied to such party by a third party lawfully in possession thereof and legally permitted to further
disclose the information; or (e) such party is required to disclose by law.
16. LOSS OF DATA
In the event of loss of any MSA data or records where such loss is due to the intentional act or omission
or negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible
for recreating such lost data in the manner and on the schedule set by the Procurement Officer. The
Contractor shall ensure that all data is backed up and recoverable by the Contractor.
17. INSURANCE
17.1.
The Contractor and its subcontractors shall maintain Commercial General Liability Insurance
or its equivalent, for bodily injury and property damage, including loss of use. It is preferred
that coverage be provided on an ―occurrence‖ basis. If ―claims made‖ forms are submitted,
the requirements noted after section ―G‖ must be met. Such Commercial General Liability
policy shall include the following extensions:
17.1.1.
17.1.2.
17.1.3.
17.1.4.
17.1.5.
17.1.6.
It is preferred that the general aggregate limit apply separately to this contract;
Premises/Operations;
Actions of Independent Contractors;
Products/completed Operations to be maintained for two (2) years after
completion of the contract;
Contractual liability assumed under this contract;
Personal injury liability including coverage for offenses related to employment,
and for offenses assumed under this contract (delete any standard employment
and contractual exclusions if contained in the personal injury coverage section).
17.2.
The Contractor and its subcontractors shall maintain Business Automobile Liability Insurance
which will pay for liabilities arising out of accidents involving the ownership, operation,
maintenance or use of any owned, hired, or non-owned motor vehicles, uninsured motorist’s
insurance and automobile contractual liability. NOTE: INSURANCE MUST BE ON A
PRIMARY BASIS.
CONTRACTUAL REQUIREMENTS MUST BE CLEARLY
INDICATED ON CERTIFICATE OR BY ENDORSEMENTS.
17.3.
The Contractor and its subcontractors shall maintain Worker’s Compensation Insurance as
required by Maryland law.
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17.4.
The coverages listed above shall be written for not less than the following limits of liability.
Limits can be furnished by a combination of primary and excess (umbrella) policies.
Commercial General Liability Insurance including all extensions –
$1,000,000 each occurrence;
$1,000,000 personal injury;
$1,000,000 products liability;
$1,000,000 general aggregate
Business Automobile Liability $1,000,000 each accident
Worker’s Compensation Insurance – statutory requirements. Employers liability
insurance - $1,000,000 each accidental injury; and $1,000,000 each employee,
$1,000,000 policy limit for disease.
17.5.
All insurance policies required hereunder shall be endorsed to include the following
provision: ―It is agreed that this policy is not subject to cancellation, non-renewal, material
change, or reduction in coverage until forty-five (45) days prior written notice has been given
to MSA.
17.6.
No acceptance and/or approval of any insurance by MSA shall be construed as relieving or
excusing the Contractor, or the surety or bond, if any, from any liability or obligation
imposed upon either or both of them by the provisions of the Contract Documents.
17.7.
NAMED ADDITIONAL INSUREDS. The Baltimore Orioles, and the State of Maryland
(including their elected or appointed officials, agents and employees) are to be named as
additional insured under all coverages except Worker’s Compensation, and the certificates of
insurance (or certified policies, if requested) must so indicate through inclusion of appropriate
endorsement. Coverage afforded under this paragraph shall be primary to any other
insurance or self-insurance, whether or not such other insurance or self-insurance is stated as
primary, excess or contingent, as respects the above additional insured, their elected and
appointed officials, agents and employees.
17.8.
Insurance coverages required herein shall be in force throughout the Contract term. Should
the Contractor fail to provide acceptable evidence of current insurance within ten (10) days of
receipt of written notice at any time during the Contract term, MSA shall have the absolute
right to terminate the Contract without any further obligation to the Contractor, and the
Contractor shall be liable to MSA for the entire additional cost of procuring substitute
performance and the cost of performing the incomplete portion of the Contract at the time of
termination.
17.9.
Contractual and other liability insurance provided under this Contract shall not contain a
supervision, inspection or engineering service exclusion that would preclude MSA from
supervising or inspecting the operations of the contractors as the end result.
17.10. The Contractor shall assume all on-the-job responsibilities as to the control of persons
directly employed by it and of agents or subcontractors and anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable.
Contractor shall be as fully responsible to MSA for the acts and omissions of the
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subcontractors and of persons employed by them as it is for acts and omissions of persons
directly employed by the Contractor.
17.11. TORT CLAIMS ACT. It is agreed that the Contractor and its insurers will not raise or use, in
the adjustment of claims or in the defense of suits against MSA, any immunity of the insured
from tort liability (including Maryland Tort Claims Act), including any limitation of liability,
unless requested by MSA.
17.12. The Contractor shall furnish subcontractors’ certificates of insurance to MSA upon request.
18. INDEMNIFICATION
18.1.
The Contractor shall indemnify MSA and the Baltimore Orioles, as the case may be, against
liability for any costs, expenses, loss, suits, actions, or claims of any character arising from or
relating to the performance of the Contractor or its subcontractors under this Contract.
18.2.
MSA has no obligation to provide legal counsel or defense to the Contractor or its
subcontractors in the event that a suit, claim, or action of any character is brought by any
person not party to this Contract against the Contractor or its subcontractors as a result of or
relating to the Contractor’s obligations under this Contract.
18.3.
MSA has no obligation for the payment of any judgments or the settlement of any claims
against the Contractor or its subcontractors as a result of or relating to the Contractor’s
obligations under this Contract.
18.4.
The Contractor shall immediately notify the Procurement Officer of any claim or suit made or
filed against the Contractor or its subcontractors regarding any matter resulting from or
relating to the Contractor’s obligations under the Contract, and will cooperate, assist, and
consult with MSA in the defense or investigation of any claim, suit, or action made or filed
against MSA as a result of or relating to the Contractor’s performance under this Contract.
19. NON-HIRING OF EMPLOYEES
No official or employee of the State, as defined in State Government Article, § 15-102, Annotated Code
of Maryland, whose duties as such official or employee include matters relating to or affecting the subject
matter of this Contract, shall, during the pendancy and term of this Contract and while serving as an
official or employee of the State, become or be an employee of the Contractor or any entity that is a
subcontractor on this Contract.
20. DISPUTES
20.1.
All disputes arising under or as a result of a breach of the resulting Contract which are not
disposed of by mutual agreement shall be resolved in accordance with this Section 17.
20.2.
When a controversy cannot be resolved by mutual agreement, the Contractor shall submit a
written request for a final decision to the Executive Director of the MSA. The written request
shall set forth all the facts surrounding the controversy.
20.3.
The Executive Director shall render a written decision within 90 days of receipt of the
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Contractor's written request for final decision, unless the time is extended by mutual
agreement of the parties to this Contract. This decision shall be furnished to the Contractor
by certified mail, return receipt requested or by any other method that provides evidence of
receipt. The decision shall be deemed the final action of the MSA. If a decision is not issued
within 90 days, or within such extension of time as may be agreed upon by the parties to the
Contract, it shall be deemed to be a decision not to grant the relief requested by the
Contractor.
20.4.
Pending resolution of a controversy, the Contractor shall proceed diligently with the
performance of the Contract in accordance with Procurement Officer's directions.
21. MARYLAND LAW
This Contract shall be construed, interpreted, and enforced according to the laws of the State of Maryland.
22. NONDISCRIMINATION IN EMPLOYMENT
The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for
employment because of race, color, religion, creed, age, sex, marital status, sexual orientation, national
origin, ancestry, or disability of a qualified individual with a disability; (b) to include a provision similar
to that contained in subsection (a) above in any subcontract except a subcontract for standard commercial
supplies or raw materials; and (c) to post, and to cause subcontractors to post, in conspicuous places
available to employees and applicants for employment, notices setting forth the substance of this clause.
23. CONTINGENT FEE PROHIBITION
The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other
entity, other than a bona fide employee, bona fide agent, bona fide salesperson or commercial selling
agency working for the Contractor, to solicit or secure the Contract, 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 other consideration contingent on
the making of the Contract.
24. NON-AVAILABILITY OF FUNDING
If the General Assembly fails to appropriate funds or if funds are not otherwise made available for
continued performance for any fiscal period of the Contract succeeding the first fiscal period, the 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 this will not affect either MSA’s rights
or the successful Contractor’s rights under any termination clause in the Contract. The effect of
termination of the Contract hereunder will be to discharge both the Contractor and MSA from future
performance of the Contract, but not from their rights and obligations existing at the time of termination.
The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not
amortized in the price of the Contract. MSA 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.
25. TERMINATION FOR CAUSE
25.1. MSA may, subject to the provisions of paragraph 25.3 below, by written notice of default to
the Contractor, terminate the whole or any part of this contract in any one of the following
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circumstances: (a) If the Contractor fails to perform within the time specified herein or any
extension thereof; or (b) If the Contractor fails to perform any of the other provisions of this
contract, or so fails to make progress as to endanger performance of this contract in
accordance with its terms, and in either of these two circumstances does not cure such failure
within a period of 10 days (or such longer period as the project officer may authorize in
writing) after receipt of notice from the Procurement Officer specifying such failure.
25.2. In the event MSA terminates this contract in whole or in part as provided in paragraph 25.1 of
this clause, MSA may procure substitute performance upon terms and in whatever manner the
Procurement Officer may deem appropriate, and the Contractor shall be liable to MSA for any
excess costs for substitute performance; provided, that the Contractor shall continue the
performance of this contract to the extent not terminated under the provisions of this clause.
25.3. Except with respect to defaults of subcontractors, the Contractor shall not be liable for any
excess costs if the failure to perform the contract arises out of causes beyond the control and
without the fault or negligence of the Contractor. Such causes may include, but are not
restricted to, acts of God or of the public enemy, acts of the State in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather; but in every case the failure to perform shall be
beyond the control and without the fault or negligence of the Contractor. If the failure to
perform is caused by the default of a subcontractor, and if the default arises out of causes
beyond the control of both the Contractor and subcontractor, and without the fault or
negligence of either of them, the Contractor shall not be liable for any excess costs for failure
to perform unless substitute performance for the subcontractor was obtainable from another
source in sufficient time to permit the Contractor to meet the performance schedule.
25.4. If, after notice of termination of this contract under the provisions of this clause, it is
determined for any reason that the Contractor was not in default under the provisions of this
clause, or that the default was excusable under the provisions of this clause, the rights and
obligations of the parties shall, if the contract contains a clause providing for termination for
convenience of MSA, be the same as if the notice of termination had been issued pursuant to
such clause. If, after notice of termination of this contract under the provisions of this clause,
it is determined for any reason that the Contractor was not in default under the provisions of
this clause, and if this contract does not contain a clause providing for termination for
convenience of MSA, the contract shall be equitably adjusted to compensate for such
termination and the contract modified accordingly; failure to agree to any such adjustment
shall be a dispute concerning a question of fact within the meaning of the clause of this
contract entitled ―Disputes.‖
25.5. If this contract is terminated as provided in paragraph 25.1 of this clause, MSA, in addition to
any other rights provided in this clause, may require the Contractor to transfer title and deliver
to MSA, in the manner, at the times, and to the extent, if any, directed by the Procurement
Officer: (a) the fabricated or unfabricated parts, work in progress, completed work, supplies,
and other materials produced as a part of, or acquired in connection with the performance of,
the work terminated by the Notice of Termination, and (b) the completed or partially
completed plans, drawings, information, and other property which, if the contract had been
completed, would have been required to be furnished to MSA; and the Contractor shall, upon
direction of the Procurement Officer, protect and preserve property in the possession of the
Contractor in which MSA has an interest. Payment for completed supplies delivered to and
accepted by MSA shall be at the contract price. Payment for manufacturing materials
delivered to and accepted by MSA and for the protection and preservation of property shall be
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in an amount agreed upon by the Contractor and Procurement Officer; failure to agree to such
amount shall be a dispute concerning a question of fact within the meaning of the clause of
this contract entitled ―Disputes.‖ MSA may withhold from amounts otherwise due the
Contractor hereunder such sum as the Procurement Officer determines to be necessary to
protect MSA against loss because of outstanding liens or claims of former lien holders.
25.6. The rights and remedies of MSA provided in this clause shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
25.7. As used in paragraph 25.3 of this clause, the terms, ―subcontractor‖ and ―subcontractors‖
mean subcontractor(s) at any tier.
26. TERMINATION FOR CONVENIENCE
26.1. The performance of work under this contract may be terminated by MSA in accordance with
this clause in whole, or from time to time in part, whenever MSA shall determine that such
termination is in the best interest of MSA. Any such termination shall be effected by delivery
to the Contractor of a Notice of Termination specifying the extent to which performance of
work is terminated and the time when such termination becomes effective.
26.2. After receipt of a Notice of Termination, and except as otherwise directed by the Procurement
Officer, the Contractor shall:
26.2.1. stop work as specified in the Notice of Termination;
26.2.2. place no further orders or subcontracts for materials, services or facilities, except as may
be necessary for completion of the portion of work of the under the contract as it is not
terminated;
26.2.3. terminate all orders and subcontracts to the extent that they relate to the performance of
work terminated by the Notice of Termination;
26.2.4. assign to MSA, in the manner, at times, and to the extent directed by the Procurement
Officer, all of the right, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case MSA shall have the right, in its discretion, to
settle or pay any or all claims arising out of the termination of such orders and
subcontracts;
26.2.5. settle all outstanding liabilities and all claims arising out of such termination of orders
and subcontracts, with the approval or ratification of the Procurement Officer, to the
extent he may require, which approval or ratification shall be final for all purposes of this
clause;
26.2.6. transfer title and deliver to MSA, in the manner, at the times, and to the extent, if any,
directed by the procurement officer, (i) the fabricated or unfabricated parts, work in
process, completed work, supplies, and other material produced as part of, or acquired in
connection with the performance of, the work terminated by the Notice of Termination,
and (ii) the completed or partially completed plans, drawings, information, and other
property which, if the contract had been completed, would have been required to be
furnished to MSA;
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26.2.7. use its best efforts to sell, in the manner, at the times, to the extent, and at the price or
prices directed or authorized by the Procurement Officer, any property of the types
referred to in (f) above; provided, however, that the Contractor (i) may not be required to
extend credit to any purchaser, and (ii) may acquire any such property under the
conditions prescribed by and at a price or prices approved by the Procurement Officer;
and provided further that the proceeds of any such transfer or disposition shall be applied
in reduction of any payments to be made by MSA to the Contractor under this contract or
shall otherwise be credited to the price or cost of the work covered by this contract or
paid in such other manner as Procurement Officer may direct;
26.2.8. complete performance of such part of the work as shall not have been terminated by the
Notice of Termination; and
26.2.9. take any action that may be necessary, or as the Procurement Officer may direct, for the
protection and preservation of the property related to this contract which is in the
possession of the Contractor and in which MSA has or may acquire an interest.
26.3. The Contractor shall submit to the Procurement Officer a list, certified as to quantity and
quality, of any or all items of termination inventory not previously disposed of, exclusive of
items the disposition of which has been directed or authorized by the Procurement Officer, and
may request MSA to remove them or into enter into a storage agreement covering them. Not
later than fifteen (15) days thereafter, MSA shall accept title to these items and remove them or
enter into a storage agreement covering the same; provided, that the list submitted shall be
subject to verification by the Procurement Officer upon removal of the items, or if the items are
stored, within forty-five (45) days from the date of submission of the list, and any necessary
adjustment to correct the list as submitted shall be made before final settlement.
26.4. After receipt of a Notice of Termination, the Contractor shall submit to the Procurement
Officer his termination claim, in the form and with certification prescribed by the
Procurement Officer. This claim shall be submitted promptly but in no event later than
one (1) year from the effective date of termination, unless one or more extensions in
writing are granted by the Procurement Officer, upon request of the Contractor made in
writing within the one-year period or authorized extension thereof. However, if the
Procurement Officer determines that the facts justify such action, he may receive and act
upon any such termination claim at any time after the one-year period or any extension
thereof. Upon failure of the of the Contractor to submit his termination claim within the
time allowed, the Procurement Officer may determine the claim at any time after the
one-year period or any extension thereof. Upon failure of the Contractor to submit his
termination claim within the time allowed, the Procurement Officer may determine, on
the basis of the information available to him, the amount, if any, due to the Contractor by
reason of the termination and shall thereupon pay the Contractor the amount so determined.
26.5. Subject to the provision of paragraph 26.3, the Contractor and the Procurement Officer may
agree upon the whole or any part of the amount or amounts to be paid to the Contractor by
reason of the total or partial termination of work pursuant to this clause, which amount or
amounts may include a reasonable allowance for profit on work done; provided, that such
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agreed amount or amounts exclusive of settlement costs, shall not exceed the total contract
price as reduced by the amount of payments otherwise made as further reduced by the
contract price of the work not terminated. The contract shall be amended accordingly, and the
Contractor shall be paid the agreed amount. Nothing prescribing the amount to be paid to the
Contractor in the event of failure of the Contractor and the Procurement Officer to agree upon
the whole amount to be paid to the Contractor by reason of the of the termination of work
pursuant to this clause, shall be deemed to limit restrict, or otherwise determine or affect the
amount or amounts that may be agreed upon to be paid to the Contractor pursuant to this
paragraph.
26.6. In the event of the failure of the Contractor and the Procurement Officer to agree upon the
whole amount to be paid to the Contractor by reason of the termination of work pursuant to
this clause, the Procurement Officer shall pay the Contractor the amounts determined by the
Procurement Officer as follows, but without duplication of any amounts agreed upon in
accordance with paragraph 26.4:
26.3.1. for completed supplies or services accepted by MSA (or sold or acquired as provided
above) and for which payment has not theretofore been made, a sum equivalent to the
aggregate price for the supplies or services computed in accordance with the price or
prices specified in the contract, appropriately adjusted for any saving of freight or other
charges;
26.3.2. the total of:
26.3.2.1.
the costs incurred in the performance of the work terminated, including
initial costs and preparatory expense allocable thereto, but exclusive of
any costs attributable to supplies or services paid or to be paid for
hereunder;
26.3.2.2.
the cost of settling and paying claims arising out of the termination of
work under subcontracts or orders, which are properly chargeable to the
terminated portion of the contract (exclusive of amounts paid or payable
on account of supplies or materials delivered or services furnished by
subcontractors or vendors before the effective date of the Notice of
Termination, which amounts shall be included in the costs payable; and
26.3.2.3.
a sum, as profit on (i) above, determined by the Procurement Officer to
be fair and reasonable; provided, however, that if it appears that the
contractor would have sustained a loss on the entire contract had it been
completed, no profit shall be included or allowed under this subdivision
(iii) and an appropriate adjustment shall be made reducing the amount of
the settlement to reflect the indicated rate of loss; and
26.3.2.4.
the reasonable cost of settlement accounting, legal, clerical, and other
expenses reasonably necessary for the preparation of settlement claims
and supporting data with respect to the terminated portion of the contract
and for the termination and settlement of subcontracts thereunder,
together with reasonable storage, transportation, and other costs incurred
in connection with the protection or disposition of property allocable to t
his contract.
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26.4. The total sum to be paid to the Contractor under this paragraph shall not exceed the total
contract price as reduced by the amount of payments otherwise made as further reduced by the
contract price of work not terminated. Except for normal spoilage, and except to the extent that
MSA shall have otherwise expressly assumed the risk of loss, there shall be excluded from the
amounts payable to the Contractor as provided above, the fair value, as determined by the
Procurement Officer, of property that is destroyed, lost, stolen, or damaged so as to become
undeliverable to MSA or to a buyer.
26.5. Costs claimed, agreed to, or determined pursuant to 26.3, 26.4, 26.5 and 26.11 hereof shall be
in accordance with COMAR 21.09 (Contractor Cost Principles and Procedures) as in effect on
the date of this contract.
26.6. The Contractor shall have the right of appeal, under the clause of this contract entitled
―Disputes,‖ from any determination made by the procurement officer under paragraph 26.3,
26.5, or 26.9 hereof, except that if the Contactor has failed to submit his claim within the time
provided in paragraph 26.3 or 26.9 hereof, and has failed to request extension of the time, he
shall have no right of appeal. In any case where the Procurement Officer has made a
determination of the amount due under paragraph 26.3, 26.5, or 26.9 hereof, MSA shall pay to
the Contractor the following: (a) if there is not right of appeal hereunder or if no timely appeal
has been taken, the amount so determined by the procurement officer, or (b) if an appeal has
been taken, the amount finally determined on such appeal.
26.7.
In arriving at the amount due the Contractor under this clause there shall be deducted (a) all
unliquidated advance or other payments on account theretofore made to the Contractor,
applicable to the terminated portion of the contract, (b) any claim which MSA may have
against the Contractor in connection with this contract, and (c) the agreed price for, or the
proceeds of sale of, any materials, supplies, or other things acquired by the Contractor or
sold, pursuant to the provisions of this clause, and not otherwise recovered by or credited to
MSA.
26.8.
If the termination hereunder be partial, the Contractor may file with the Procurement Officer
a claim for an equitable adjustment of the price or prices specified in the contract relating to
the continued portion of the contract (the portion not terminated by the Notice of
Termination), and such equitable adjustment as may be agreed upon shall be made in such
price or prices. Any claim by the Contractor for an equitable adjustment under this clause
shall be asserted within ninety (90) days from the effective date of the termination notice,
unless an extension is granted in writing by the Procurement Officer.
26.9.
MSA may from time to time, under such terms and conditions as it may prescribe, make
partial payments and payments on account against costs incurred by the Contractor in
connection with the terminated portion of this contract whenever in the opinion of the
Procurement Officer the aggregate of such payments shall be within the amount to which the
Contractor in connection with the terminated portion of this contract whenever in the opinion
of the Procurement Officer the aggregate of such payments shall be within the amount to
which the Contractor shall be entitled to hereunder. If the total of such payments is in excess
of the amount finally agreed or determined to be due under this clause, such excess shall be
payable by the Contractor to MSA upon demand, together with interest computed at the
prime rate established by the State Treasurer for the period from the date such excess
payment is received by the Contractor to the date on which such excess is repaid to MSA;
provided, however, that no interest shall be charges with respect to any such excess payment
attributable to a reduction in the Contractor’s claim by reason of retention or other disposition
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of termination inventory until ten days after the date of such retention or disposition of
termination inventory until ten days after the date of such retention or disposition, or a later
date as determined by the project officer by reason of the circumstances.
26.10. Unless otherwise provided for in this contract, or by applicable statute, the Contractor shall –
from the effective date of termination until the expiration of three years after final settlement
under this contract – preserve and make available to MSA at all reasonable times at the office
of the Contractor but without direct charge to MSA, all his books, records, documents and
other evidence bearing on the costs and expenses of the Contractor under this contract and
relating to the work terminated hereunder, or, to the extent approved by the project officer,
reproductions thereof.
27. DELAYS AND EXTENTIONS OF TIME
27.1.
The Contractor agrees to perform this Contract continuously and diligently. No charges or
claims for damages shall be made by the Contractor for any delays or hindrances from any
cause whatsoever during the progress of the work specified in this Contract.
27.2.
Time extensions will be granted only for excusable delays that arise from unforeseeable
causes beyond the control and without the fault or negligence of the Contractor, including but
not restricted to acts of God, acts of the public enemy, acts of the State or MSA in either its
sovereign or contractual capacity, acts of another contractor in the performance of a contract
with MSA, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or
delays of subcontractors or suppliers arising from unforeseeable causes beyond the control
and without the fault or negligence of either the Contractor or the subcontractors or suppliers.
28. SUSPENSION OF WORK
The Procurement Officer unilaterally may order the Contractor in writing to suspend, delay, or interrupt
all or any part of its performance for such period of time as the Procurement Officer may determine to be
appropriate for the convenience of MSA.
29. FINANCIAL DISCLOSURE
The Contractor shall comply with Section 13-221 of the State Finance and Procurement Article of the
Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other
agreements with the State or its agencies during a calendar year under which the business is to receive in
the aggregate, $100,000 or more, shall, within 30 days after the aggregate value of these contracts, leases
or other agreements reaches $100,000, file with the Secretary of the State of Maryland certain specified
information to include disclosure of beneficial ownership of the business.
30. POLITICAL CONTRIBUTION DISCLOSURE
The Contractor shall comply with Election Law Article, §§14-101 to 14-108, Annotated Code of
Maryland, which requires that every person that enters into contracts, leases, or other agreements with the
State, a county, or an incorporated municipality, or their agencies, 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
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office in any primary or general election. The statement shall be filed with the State Board of Elections:
(1) before a purchase or execution of a lease or contract by the State, a county, an incorporated
municipality, or their agencies, and shall cover the preceding two calendar years; and (2) if the
contribution is made after the execution of a lease or contract, then twice a year, throughout the contract
term, on: (a) February 5, to cover the 6-month period ending January 31; and (b) August 5, to cover the 6month period ending July 31.
31. RETENTION OF RECORDS
The Contractor shall retain and maintain all records and documents in any way relating to this Contract
for three years after final payment by MSA under this Contract or until the expiration of any applicable
statute of limitations, whichever is longer, and shall make them available for inspection and audit by
authorized representatives of MSA, including the Procurement Officer or the Procurement Officer’s
designee, at all reasonable times.
32. WARRANTIES
32.1. The Contractor represents and warrants that:
32.1.1.
It is qualified to do business in the State and that it will take such action as, from
time to time hereafter, may be necessary to remain so qualified;
32.1.2.
It is not in arrears with respect to the payment of any monies due and owing the
State, or any department or unit thereof, including but not limited to the payment
of taxes and employee benefits, and that it shall not become so in arrears during
the term of this Contract;
32.1.3.
It shall comply with all federal, State, and local laws, regulations, and ordinances
applicable to its activities and obligations under this Contract;
32.1.4.
It shall obtain, at its expense, all licenses, permits, insurance, and governmental
approvals, if any, necessary to the performance of its obligations under this
Contract.
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33. COST AND PRICE CERTIFICATION
By submitting cost or price information, the Contractor certifies, to the best of its knowledge, that the
information submitted is accurate, complete, and current as of the date of the Contractor’s offer.
The price under this Contract and any change order or modification hereunder, including profit or fee,
shall be adjusted to exclude any significant price increases occurring because the Contractor furnished
cost or price information that, as of the date of its offer, was inaccurate, incomplete, or not current.
34. SUBCONTRACTING; ASSIGNMENT
The Contractor may not subcontract any portion of the services provided under this Contract without
obtaining the prior written approval of MSA, nor may the Contractor assign this Contract or any of its
rights or obligations hereunder without the prior written approval of MSA. Any such approval shall be in
MSA’s sole and absolute subjective discretion. MSA shall not be responsible for the fulfillment of the
Contractor’s obligations to any subcontractor or assignee.
35. RESPONSIBILITY FOR DAMAGE
35.1.
The Contractor shall repair and restore to its original condition any equipment, materials or
surfaces damaged by its operations.
35.2.
The Contractor shall be entirely responsible for any loss or damage to its own materials,
supplies, and equipment, and to the personal property of its employees while they are on
MSA’s premises.
35.3.
The Contractor shall be solely responsible for any damage to the building or its contents or
for any loss or damages to any property belonging to MSA or to any of its tenants or their
employees when such loss or damage may be attributed to the Contractor's actions or
negligence or the actions or negligence of the Contractor's employees or subcontractors.
36. COMMERCIAL NONDISCRIMINATION
36.1.
As a condition of entering into this Contract, the Contractor represents and warrants that it
will comply with the State’s Commercial Nondiscrimination Policy, as described under Title
19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part
of such compliance, the Contractor may not discriminate on the basis of race, color, religion,
ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of
disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or
commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor
shall the Contractor retaliate against any person for reporting instances of such
discrimination. The 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 this clause does not prohibit or limit lawful efforts to
remedy the effects of marketplace discrimination that have occurred or are occurring in the
marketplace. The Contractor understands that a material violation of this clause shall be
considered a material breach of this Contract and may result in termination of this Contract,
disqualification of the 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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36.2. The Contractor shall include the above Commercial Nondiscrimination clause, or similar
clause approved by MSA, in all subcontracts.
36.3. As a condition to entering into this Contract, upon the Maryland Human Relations
Commission’s request, and only after the filing of a complaint against the Contractor under
Title 19 of the State Finance and Procurement Article, the Contractor agrees to provide within
60 days after the request a complete list of the names of all subcontractors, vendors, and
suppliers that the Contractor has used in the past 4 years on any of its contracts that were
undertaken within the State, including the total dollar amount paid by the Contractor on each
subcontract or supply contract. The 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 is requested by the State. The Contractor understands that violation of this clause is a
material breach of this Contract and may result in contract termination, disqualification by the
State from participating in State contracts, and other sanctions.
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SECTION 6 – WORK RULES
1. WORKING HOURS
1.1. Work under this contract shall be conducted during regular business hours unless otherwise
directed by MSA. Regular business hours shall be between 7:00 a.m. and 5:00 p.m., Monday
through Friday. Non-business hours mean the hours between 5:00 p.m. and 7:00 a.m., Monday
through Friday, MSA holidays and weekends.
1.2. MSA will not be responsible for any overtime hours absent prior written authorization by MSA.
2. COORDINATION
2.1. All work must be conducted in a manner which meets the approval of MSA. There shall be
periodic meetings on-site between the Contractor and MSA to certify the accomplishment of
work. Any specific problem area which does not meet the contract requirements set forth herein
shall be called to the attention of the Contractor along with the action required to satisfy the
requirements.
2.2. MSA will make reasonable efforts to ensure contractor is given at least ten calendar days to
mobilize and address work request; however, events may dictate emergency requests which may
require the Contractor to mobilize within 72 hours of the request.
2.3. MSA shall be given at least two (2) days notice prior to commencement of any work. While
work is in progress, MSA shall be given at least four (4) hours notice of any changes in schedule.
Work shall not be done in the absence of MSA's knowledge or consent.
2.4. MSA reserves the right to perform similar work by MSA forces or other contractual means in the
immediate vicinity or adjacent to the work being performed by the Contractor.
3. CONTRACTOR’S USE OF PREMISES
3.1. The Contractor shall limit his use of the premises to the work indicated, so as to allow for MSA
occupancy and use.
3.2. The Contractor shall confine operations at the site to the areas permitted under the contract.
Portions of the site beyond areas on which work is indicated are not to be disturbed. The
Contractor shall conform to site rules and regulations affecting work while engaged in contract
work.
4. PROTECTION OF WORK/MSA PROPERTY
4.1. The Contractor shall provide all necessary protection of completed work to prevent damage from
other work in adjacent areas.
4.2. Any furniture, fixtures and equipment in the work area shall be covered/protected by the
successful bidder at his/her expense. This includes tile or carpeted floors.
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5. CLEANING
The Contractor shall maintain the work areas clean of debris at all times. Upon completion of any work
project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and construction
and installation equipment from the premises immediately. Any debris, dirt or stains caused by the work
shall be promptly removed. Requests to leave materials, waste, rubbish, debris, and construction and
installation equipment on site longer than eight (8) hours must be approved in writing by MSA in
advance.
6. SAFETY
6.1. The Contractor shall take all necessary precautions for the safety of employees on the work crew
to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is
being performed. The successful Bidder shall erect and properly maintain at all times, as
required by the conditions and progress of the work, all necessary safeguards for the protection
of workmen and the public and shall post danger signs warning against hazards created by such
work. All work to be done in accordance with all applicable laws and codes.
6.2. When operating any boom lifts on site, the operator must be certified.
6.3. On site supervision must possess a valid OSHA ten hour safety certification.
7. HAZARDOUS WASTE
The Contractor shall handle, store, transport and dispose of hazardous waste materials in compliance with
Federal and State hazardous waste laws, rules and regulations.
8. SECURITY PROCEDURES
8.1. The Contractor’s employees shall be required to sign in daily at the service level security
checkpoint to receive a work credential. Only employees with a valid ID will be issued a
credential.
8.2. The Contractor will be allowed to unload materials from work trucks in the service level. When
complete, the vehicle must be returned to the successful Bidder parking area.
8.3. Employees of the successful Bidder will at all times display their credentials when working on
the premises.
9. DAILY WORK TICKETS
If the work being performed will be invoiced on a time and materials basis, the Contractor must submit on
daily basis for review and approval signature by the contract administrator and/or contract monitor a work
ticket detailing the number of employees on site, the hours worked, and the location of the work and any
materials used.
END OF SECTION 5
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MARYLAND STADIUM AUTHORITY
STATEMENT OF WORK
CAMDEN YARDS SPORTS COMPLEX
EMERGENCY GENERATOR MAINTENANCE,
TESTING AND REPAIR
11-035
ISSUE DATE:
Thursday, May 19, 2011
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Contents
1.
Contract Documents and Other References…………………………..39
2.
Project Overview……………………………………………………..39
3.
Description of Work to be Performed………………………………..42
4.
Deliverables…………………………………………………………..55
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1. Project Documents and Other References
a. Invitation for Bids, issued May 19, 2011, as amended.
b. The documents or portions thereof listed in this Statement of Work (―SOW‖) are
referenced within this SOW and shall be considered part of the requirements
of this document. This bid should be in compliance with the following:
NFPA Publications. Latest editions apply.
NFPA 30, Flammable and Combustible Liquid Code
NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and
Gas Turbines
NFPA 54, National Fuel Gas Code
NFPA 58, Liquefied Petroleum Gas Code
NFPA 70, National Electrical Code
NFPA 72, National Fire Alarm and Signaling Code
NFPA 110 Emergency and Standby Power System Codes
NFPA 780, Standard for the Installation of Lightning Protection Systems
2. Project Overview
Executive Summary
a.
MSA is seeking a qualified contractor to provide emergency power supply systems (―EPSS‖)
routine maintenance and operational testing services at Oriole Park at Camden Yards.
b.
Goals and Objectives
To enter into a contract with a contractor for a term of one year to provide the services
outlined below.
c.
Definitions
i.
General. The definitions contained in this SOW shall apply to the terms used in this
SOW. Where terms are not defined in this chapter or within another chapter, they shall be
defined using their ordinarily accepted meanings within the context in which they are
used. Merriam Webster’s Collegiate Dictionary, 11th edition, shall be the source for the
ordinarily accepted meaning.
ii. Specific Definitions
(a)
Approved. Acceptable to the authority having jurisdiction.
(b)
Authority Having Jurisdiction (AHJ). An organization, office, or individual
responsible for enforcing the requirements of a code or standard, or for approving
equipment, materials, an installation, or a procedure.
(c)
Labeled. Equipment or materials to which has been attached a label, symbol, or
other identifying mark of an organization that is acceptable to the authority
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having jurisdiction and concerned with product evaluation, that maintains
periodic inspection of production of labeled equipment or materials, and by
whose labeling the manufacturer indicates compliance with appropriate
standards or performance in a specified manner.
iii.
(d)
Listed. Equipment, materials, or services included in a list published by an
organization that is acceptable to the authority having jurisdiction and concerned
with evaluation of products or services, that maintains periodic inspection of
production of listed equipment or materials or periodic evaluation of services,
and whose listing states that either the equipment, material, or service meets
appropriate designated standards or has been tested and found suitable for a
specified purpose.
(e)
Shall. Indicates a mandatory requirement.
(f)
Should. Indicates a recommendation or that which is advised but not required.
(g)
Standard. A document, the main text of which contains only mandatory
provisions using the word ―shall‖ to indicate requirements and which is in a form
generally suitable for mandatory reference by another standard or code or for
adoption into law. Non-mandatory provisions shall be located in an appendix or
annex, footnote, or fine-print note and are not to be considered a part of the
requirements of a standard.
General Definitions.
(a)
Battery Certification. The certification by a battery manufacturer that a battery
is built to industry standards. One such certifier of batteries is the American
Association of Battery Manufacturer’s.
(b)
Battery, Lead-Acid.
(c)
1)
Valve-Regulated (VRLA). A lead-acid battery consisting of sealed cells
furnished with a valve that opens to vent the battery whenever the
internal pressure of the battery exceeds the ambient pressure by a set
amount. In VRLA batteries, the liquid electrolyte in the cells is
immobilized in an absorptive glass mat (AGM cells or batteries) or by
the addition of a gelling agent (gel cells or gelled batteries).
2)
Vented (Flooded). A lead-acid battery consisting of cells that have
electrodes immersed in liquid electrolyte. Flooded lead-acid batteries
may have a provision for the user to add water to the cell and are
equipped with a flame-arresting vent which permits the escape of
hydrogen and oxygen gas from the cell in a diffused manner such that a
spark, or other ignition source, outside the cell will not ignite the gases
inside the cell.
Black Start. Not used.
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d.
(d)
Emergency Power Supply (EPS). The source of electric power of the required
capacity and quality for an emergency power supply system (EPSS).
(e)
Emergency Power Supply System (EPSS). A complete functioning EPS system
coupled to a system of conductors, disconnecting means and overcurrent
protective devices, transfer switches, and all control, supervisory, and support
devices up to and including the load terminals of the transfer equipment needed
for the system to operate as a safe and reliable source of electric power.
(f)
Fuel Tank.
1)
Day Fuel Tank. A fuel tank, located inside a structure, that provides fuel
to the engine.
2)
Enclosed Fuel Tank. A fuel tank located within a separate room,
separated from other equipment.
3)
Integral Fuel Tank in EPS Systems. A fuel tank furnished by the EPS
supplier and mounted on the engine or under as a sub-base.
4)
Main Fuel Tank. A separate, main fuel tank for supplying fuel to the
engine or a day tank.
(g)
Lamp. An illuminating indicator.
(h)
Occupancy Category. Not used.
(i)
Switch.
1)
Automatic Transfer Switch (ATS). Self-acting equipment for
transferring the connected load from one power source to another power
source.
2)
Bypass-Isolation Switch. A manually operated device used in
conjunction with an automatic transfer switch to provide a means of
directly connecting load conductors to a power source and disconnecting
the automatic transfer switch.
3)
Nonautomatic Transfer Switch. A device, operated manually by a
physical action or electrically by either a local or remote control, for
transferring a common load between a normal and alternate supply.
Supervision/Workforce
i.
Contractor shall provide a work force sufficient to complete the work as it is
specified. Included in this work force shall be a competent Project Manager
acceptable to MSA who shall be responsible for adherence to the contract
requirements and shall be available to MSA on a regular and routine basis.
ii.
Contractor’s Project Manager shall have control of all work crews assigned to
perform work under this contract and is expected to be on-site during times when
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MSA Project No. 11-035
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work crews are assigned to perform and is to be available to MSA during
working hours.
Contractor’s Project Manager will report without delay any damage to MSA
equipment or property and shall be held responsible for the repair and/or
replacement of any such damage caused by
iii.
3.
Description of Work to be Performed
Work under this Contract shall include, but not necessarily be limited to the following:
a.
EMERGENCY GENERATORS
i. General.
(a)
The routine maintenance and operational testing services for the
emergency generators shall be based on all of the following:
(1)
Manufacturer’s recommendations;
(2)
Instruction manuals;
(3)
Minimum requirements of this Statement of Work; and
(4)
The authority having jurisdiction.
(b) A written schedule for routine maintenance and operational testing shall be
established between MSA and Contractor.
(c) A permanent record of inspections, tests, exercising, operation, and repairs shall
be maintained by Contractor and made available to MSA. The permanent record
shall include the following:
(1)
The date of the maintenance/testing report;
(2)
Identification of the servicing personnel;
(3)
Notation of any unsatisfactory condition and the corrective
Action taken, including parts replaced; and
(4)
Testing of any repair for the time as recommended by the
manufacturer.
(d) The generators shall be maintained and tested to ensure to a reasonable degree
that the EPPS’s are capable of supplying service within the time specified for the
type and for the time duration specified for the class.
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(e) Due to the critical nature of these devices, permission must be gained from
MSA to perform these tasks since they could cause disruption of power to the
load. The following tasks should be carefully reviewed with MSA personnel to
ensure agreement and plan for contingencies.
ii. Routine Maintenance.
(a) Storage batteries shall be inspected weekly by MSA and maintained/replaced in
full compliance with manufacturer’s specifications by the Contractor.
(1)
A battery load test shall be performed quarterly by the Contractor.
(2)
Maintenance of lead-acid batteries shall include the monthly testing and
recording of electrolyte specific gravity. Battery conductance testing
shall be permitted in lieu of the testing of specific gravity when
applicable or warranted.
(3)
Defective batteries shall be replaced by Contractor immediately upon
discovery of defects.
A battery which provides only 80% of
manufacturer's capacity rating shall be deemed to be at the end of its
service life.
(b) A fuel quality test shall be performed at least annually by Contractor using tests
approved by ASTM standards.
iii. Operational Inspection and Testing.
(a) The generators, including all appurtenant components, shall be inspected
weekly by MSA and exercised under load monthly by Contractor.
(b)
Generators shall be exercised at least once monthly, for a minimum of 30
minutes, using one of the following methods:
(1)
Loading that maintains the minimum exhaust gas temperatures as
recommended by the manufacturer.
(2)
Under operating temperature conditions and at not less than 30 percent of
the nameplate kW rating.
NOTE: The testing requirements of (b) above are intended to reduce the possibility of
wet stacking. If equivalent loads are used for exercising, all essential loads be energized
first, with the equivalent load used only to supplement the test. If the normal power were
to fail during the exercise period, it would negate the urgency to automatically remove
the equivalent load as described in (b) below.
a) The date and time of day for required testing shall be decided by
MSA, based on facility operations.
b) Equivalent loads used for testing shall be automatically replaced with
the emergency loads in case of failure of the primary source.
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c) Diesel-powered installations that do not meet the requirements of
iii (b) shall be exercised monthly with the available load and shall be
exercised annually with supplemental loads at not less than 50
percent of the nameplate kW rating for 30 continuous minutes and at
not less than 75 percent of the nameplate kW rating for 1 continuous
hour for a total test duration of not less than 1.5 continuous hours.
(c)
The test shall be initiated by simulating a power outage using the test switches on
the transfer switches or by opening a normal breaker.
Opening
a
normal
breaker shall not be required.
(d)
Load tests of generators shall include complete cold starts.
(e)
Time delays shall be set as follows:
(1)
(3)
(f)
Time delay on start
(a)
1 second minimum
(b)
0.5 second minimum for gas turbine units
Time delay on transfer to emergency: no minimum required
(4)
Time delay on restoration to normal: 5 minutes minimum
(4)
Time delay on shutdown: 5 minutes minimum
Generators shall be tested at least once within every (36) months.
NOTE: The intent of this requirement is to provide reasonable assurance that the
generators with all of its auxiliary subsystems are capable of running for the duration of
its assigned class with its running load. A full facility power outage is not intended for
this test but is recommended where a total facility power outage has not occurred within
the last (36) months. Supplemental load banks are not required. After the test, the fuel
supply should be replenished if necessary.
(1)
A generator shall be tested continuously for the duration of its assigned
class.
(2)
Where the assigned class is greater than (4) hours, it shall be permitted to
terminate the test after (4) continuous hours.
(3)
The test shall be initiated by operating at least one transfer switch test
function and then by operating the test function of all remaining transfer
switches, or initiated by opening all switches or breakers supplying
normal power to all transfer switches that are part of the EPSS being
tested.
(4)
A power interruption to non-generator loads shall not be required.
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(5)
The minimum load for this test shall be as specified in (a) or (b) below.
(a)
For a diesel-powered generator, loading shall be not less than 30
percent of the nameplate kW rating of the EPS. A supplemental
load bank shall be permitted to be used to meet or exceed the 30
percent requirement.
(b)
For a diesel-powered generator, loading shall be that which
maintains the minimum exhaust gas temperatures as
recommended by the manufacturer.
(6)
The required tests shall be permitted to be combined; i.e. one of the
monthly tests and one of the annual tests may be combined as a single
test.
(7)
Where a test is combined with the annual load bank test, the first (3)
hours shall be at not less than the minimum loading required and the
remaining hour shall be at not less than 75 percent of the nameplate kW
rating of the EPS.
iv.
Periodic Testing. An operational test shall be initiated immediately after
completion of any routine maintenance or repair that impacts the operational
reliability of the EPSS’s. The operational test shall be initiated at the transfer
switch and shall include testing of each system component on which maintenance
or repairs has been performed, including the transfer of each automatic and
manual transfer switch to the alternate power source, for a period of not less than
30 minutes under operating temperature.
v.
Special Tools and Spare Parts.
(a)
Special tools and testing devices necessary for routine maintenance shall
be available for use when needed.
(b)
Replacement for parts identified by MSA and Contractor as high
mortality items shall be maintained in a secure location(s) on the
premises and shall be owned by MSA.
(c)
Consideration should be given to stocking spare parts as recommended
the manufacturer.
(d)
The routine maintenance and operational testing program shall be
overseen by a properly instructed individual.
by
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b. TRANSFER SWITCHES
i.
General.
(a)
The routine maintenance and operational testing services for the transfer switches
shall be based on all of the following:
(1)
Manufacturer’s recommendations;
(2)
Instruction manuals;
(3)
Minimum requirements of this Statement of Work; and
(4)
The authority having jurisdiction.
(b)
A written schedule for routine maintenance and operational testing shall be
established between MSA and Contractor.
(c )
A permanent record of the inspections, tests, exercising, operation, and repairs
shall be maintained by Contractor and made available to MSA. The permanent
record shall include the following:
(d)
(e)
(5)
The date of the maintenance/testing report;
(6)
Identification of the servicing personnel;
(7)
Notation of any unsatisfactory condition and the corrective action taken,
including parts replaced; and
(8)
Testing of any repair for the time as recommended by the manufacturer.
Transfer switches shall be subjected to a maintenance and testing program that
includes all of the following operations:
(1)
Checking of connections;
(2)
Inspection or testing for evidence of overheating and excessive contact
rosion;
(3)
Removal of dust and dirt; and
(4)
Replacement of contacts when required.
The transfer switches shall be maintained and tested to ensure to a reasonable
degree that the EPPS’s are capable of supplying service within the time specified
for the type and for the time duration specified for the class.
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(f)
Due to the critical nature of these devices, permission must be gained from MSA
to perform these tasks since they could cause disruption of power to the load. The
following tasks should be carefully reviewed with MSA personnel to ensure
agreement and plan for contingencies.
ii.
Operational Testing.
iii.
(a)
Monthly Testing. Transfer switches shall be operated monthly. The
monthly test of a transfer switch shall consist of electrically operating the
transfer switch from the standard position to the alternate position and
then a return to the standard position.
(b)
Periodic Testing. An operational test shall be initiated immediately
after completion of any routine maintenance or repair that impacts the
operational reliability of the EPSS’s. The operational test shall be
initiated at the transfer switch and shall include testing of each system
component on which maintenance or repairs has been performed,
including the transfer of each automatic and manual transfer switch to
the alternate power source, for a period of not less than 30 minutes under
operating temperature.
Annual Maintenance
(a)
Check connections.
(1)
A thermographic or temperature scan shall be done during the
generator load test. Results should be available to MSA so that
suspect conditions can be addressed during this activity.
(2)
With power connected to the normal source, measure and record
millivolt drop levels across each pole. Any reading that is
greater than 25 percent of the average of all poles should be
carefully inspected when the transfer switch is de-energized.
(3)
With power connected to the emergency source, measure and
record millivolt drop levels across each pole. Any reading that is
greater than 25 percent of the average of all poles should be
carefully inspected when the transfer switch is de-energized.
(4)
If the transfer switch is equipped with a bypass isolation feature,
operate the bypass to the connected source (emergency or
normal) and repeat the steps above. Levels should drop to
approximately 50 percent of initial levels and be uniform relative
to initial readings. This step will verify that the bypass feature is
properly connected and that the connected load will not be
affected when the automatic portion is isolated for maintenance.
(5)
With power secured and both the emergency and normal sources
properly locked out and tagged out, measure the micro-ohm
resistance levels across the following connection points:
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(1)
Emergency source cabling lug to bus;
(2)
Normal source cabling lug to bus;
(3)
Load cabling lug to bus;
(4)
Neutral cabling lug to bus;
(5)
Load connected to normal across each pole; and
(6)
Load connected to emergency across each pole.
NOTE: If the transfer switch is equipped with an isolation bypass and the bypass
remains energized, perform these tests on the isolated transfer switch unit only. DO
NOT APPLY DIGITAL LOW RESISTANCE OHMMETER (DLRO) TO
ENERGIZED CIRCUITS. Any value greater than 20 percent of the average value of
all similar type connections requires further investigation and notification to MSA.
b.
Inspect or test for evidence of overheating or excessive contact
corrosion.
(1)
With power from both sources secured and properly locked out
and tagged out, remove all protective pole covers and arc chutes.
(2)
Carefully inspect main contacts and other current carrying parts
for signs of corrosion or overheating.
NOTE: Observation should correlate with previous results (i.e., thermographic
or temperature evidence of higher than normal temperatures or heat migration,
abnormal millivolt drop readings as previously noted, or abnormal micro-ohm
(DLRO) readings as previously noted).
(3)
Carefully inspect insulating materials or standoff insulators for
signs of contamination (dirt, grime, oil, etc.). The combination
of contaminants and possible introduction of high humidity or
moisture could lead to insulation breakdown and subsequent
destructive faults. Clean contaminated surfaces with a solvent
approved for this purpose.
(4)
Inspect control connection, plugs, and harnesses for signs of
corrosion, heat, contamination, and so forth.
(5)
Using a vacuum, remove all dust and debris from the transfer
switch cabinet, transfer switch mechanism, bus, and so forth.
NOTE: Never use compressed air to blow out dust as doing so can blow dust and
debris into controls and the transfer switch mechanism.
(6).
Inspect cabinets for proper sealing. Open conduit knockouts or
other penetrations should be properly sealed to prevent the
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introduction of dust, moisture, or other alien matter. Enclosures
installed outside should be inspected for proper seal and
appropriate gasketing. Ensure that enclosure door securing
devices are intact and properly secured.
(7)
c.
Verify control & feature setpoints and operation.
(1)
iv.
Replace and secure all protective pole covers and chutes.
Remove lockout devices and resupply normal power. If the ATS
is of the bypass isolation type, reconnect the transfer switch
mechanism. Observe proper manufacturer’s procedures.
Measure and record the following data and setpoints:
(a)
Normal source voltage phase to phase, phase to ground,
and phase to neutral;
(b)
Engine start time (from crank start to source available
light or relay pickup);
(c)
Emergency source voltage phase to phase, phase to
ground, and phase to neutral;
(d)
Load current each phase;
(e)
Momentary override normal deviation where provided;
(f)
Transfer time delay where provided;
(g)
Return to normal source time delay where provided; and
(h)
Engine cooldown where provided.
d.
Verify proper operation of all indicator lights, meters and controls.
e.
Return ATS to normal service.
Quarterly Maintenance
(a)
Visually inspect the transfer switch control mechanism, control panel,
harnesses, and cable connections for signs of moisture, corrosion, or
heating.
(b)
Measure and record the following data and set points:
(1) Normal source voltage phase to phase, phase to ground, and phase to
neutral;
(2) Engine start time (from crank start to source available light or relay
pickup);
Emergency Generator Maintenance, Testing and Repair
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(3) Emergency source voltage phase to phase, phase to ground, and
phase to neutral;
(4) Load current each phase;
(5) Momentary override normal deviation where provided;
(6) Transfer time delay where provided;
(7) Return to normal source time delay where provided; and
(8) Engine cooldown where provided.
v.
(b)
Verify proper operation of all indicator lights, meters and controls.
(c)
Inspect cabinets for proper sealing. Open conduit knockouts or other
penetrations should be properly sealed to prevent the introduction of
dust, moisture, or other alien matter. Enclosures installed outside should
be inspected for proper seal and appropriate gasketing. Ensure that
enclosure door securing devices are intact and properly secured.
(d)
Perform a load test using the test switch as permitted by MSA.
Special Tools and Spare Parts.
(a)
Special tools and testing devices necessary for routine maintenance shall
be available for use when needed.
(b)
Replacement for parts identified by MSA and Contractor as high
mortality items shall be maintained in a secure location(s) on the
premises and shall be owned by MSA.
(c)
Consideration should be given to stocking spare parts as recommended
by the manufacturer.
(d)
The routine maintenance and operational testing program shall be
overseen by a properly
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c. CIRCUIT BREAKERS
i.
General.
(a)
The routine maintenance and operational testing services for the circuit
breakers shall be based on all of the following:
(1)
Manufacturer’s recommendations;
(2)
Instruction manuals;
(3)
Minimum requirements of this Statement of Work; and
(4)
The authority having jurisdiction.
(b)
A written schedule for routine maintenance and operational testing shall
be established between MSA and Contractor.
(c)
A permanent record of the inspections, tests, exercising, operation, and
repairs shall be maintained by Contractor and made available to MSA.
The permanent record shall include the following:
(d)
(e)
(1)
The date of the maintenance/testing report;
(2)
Identification of the servicing personnel;
(3)
Notation of any unsatisfactory condition and the corrective
action taken, including parts replaced; and
(4)
Testing of any repair for the time as recommended by the
manufacturer.
Circuit breakers, including main and feed breakers between the
generator(s) and the transfer switch load terminals, shall be subjected to a
maintenance and testing program that includes all of the following
operations:
(1)
Checking of connections;
(2)
Inspection or testing for evidence of overheating;
(3)
Removal of dust and dirt; and
(4)
Replacement of breakers when required.
Due to the critical nature of these devices, permission must be gained
from MSA to perform these tasks since they could cause disruption of
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power to the load. The following tasks should be carefully reviewed with
MSA personnel to ensure agreement and plan for contingencies.
ii.
Semi-Annual Maintenance. Circuit breakers, including main and feed breakers
between the generator(s) and the transfer switch load terminals, shall be
exercised every six (6) months.
iii.
Bi-Annual Testing. Circuit breakers, including main and feed breakers between
the generators and the transfer switch load terminals, shall be tested under
simulated overload conditions every two (2) years.
d. LOAD BANK
i.
General.
(a)
ii.
The routine maintenance and operational testing services for the load
bank shall be based on all of the following:
(1)
Manufacturer’s recommendations;
(2)
Instruction manuals;
(3)
Minimum requirements of this Statement of Work; and
(4)
The authority having jurisdiction.
(b)
A written schedule for routine maintenance and operational testing shall
be established between MSA and Contractor.
(c)
A permanent record of inspections, tests, exercising, operation, and
repairs shall be maintained by Contractor and made available to MSA.
The permanent record shall include the following:
(1)
The date of the maintenance/testing report;
(2)
Identification of the servicing personnel;
(3)
Notation of any unsatisfactory condition and the corrective
action taken, including parts replaced; and
(4)
Testing of any repair for the time as recommended by the
manufacturer.
Annual Maintenance.
(a)
Check lugs that they are properly crimped.
(b)
Check terminations that they are properly torqued.
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c)
Ohm out control wiring and safety circuits
(d)
Check the control voltage and confirm its within 10 percent of the
required voltage.
(e)
Verify the proper relays energize with each individual load switch.
(f)
(1)
Turn on each load step individually and observe that each relay
or relays pulls in without chatter or hesitation.
(2)
Turn off the master load switch. Turn on all the load steps. Turn
the master load on and observe the pull in of all contactors. If
chatter or hesitation is observed, locate the cause of the voltage
drop causing the problem.
Verify that air is exiting the resistor assembly end.
e. SERVICE REQUIREMENTS
i.
Pricing shall be lump sum for the routine maintenance and operational testing
services as described herein, and Time and Material pricing for repairs and
emergency service.
ii.
Hourly rates paid under this contract shall be only for productive hours at the job
site. Time spent for transportation of workers, lunch, material acquisition,
handling and delivery, or for movement of Contractor owned or rental equipment
is not directly chargeable but is overhead and shall be included in the hourly rate
bid for labor, unless prior approval is granted by MSA Contract Manager.
iii.
For routine maintenance and operational testing services, as well as for scheduled
repair work, no minimum show-up time shall be paid and no additional charges
shall be accepted for travel or mileage. A one time mobilization service fee shall
apply for emergency service calls only which shall not exceed (2) hours @
Contractor’s overtime hourly rate.
iv.
The work includes all labor, supervision, materials, parts, equipment, tools,
transportation and insurance to ensure the satisfactory performance and efficient
operation of the equipment. Contractor shall inspect and provide services to all
EPPS’s in accordance with the manufacturer's recommendations and the
procedures herein.
v.
Contractor shall have an adequate stock of parts necessary to maintain and repair
the EPPS’s and Contractor’s mechanical staff shall be provided with a vehicle
containing the necessary stock and tools to perform routine maintenance,
operational testing, minor repairs and emergency repairs on the EPPS’s.
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vi.
Contractor shall provide routine and emergency maintenance, technical support,
and have a full compliment of commonly needed repair parts, including various
belts, filters, hoses, and gauges for the EPPS’s covered under the Contract.
vii.
All workmanship shall be in accordance with industry standards by qualified
certified mechanics. There shall be no apprentices or helpers performing service
or repair work. On complicated work assignments, additional mechanics or
helpers may be used if pre-approved by MSA Contract Manager.
viii.
Contractor shall perform routine maintenance and operational testing services
between the hours of 6am and 3pm on Monday through Friday, excluding
Federal holidays.
ix.
Emergency service shall be considered repair work that is unscheduled.
Emergency service response time shall not exceed three (3) hours upon
notification by MSA. Overtime hours shall apply any time other than between the
hours of 6am and 3pm on Monday through Friday and shall include Federal
holidays.
x.
Record keeping is an essential element of the Contract. Contractor shall furnish
the MSA representative a written detailed service report along with an
―Inspection Checklist‖ describing the work that was performed and any
recommendations for corrective maintenance in electronic format, preferably
PDF. Contractor shall provide time and material estimates for recommended
actions. Mechanic shall notify MSA representative upon completion of service
work.
xi.
Contractor shall provide replacement parts from the original manufacturers or
substitute parts approved by the original manufacturers.
xii.
Contractor shall cleanup all debris in area used in repair, testing, and inspection,
and dispose of all debris and materials, off site at no additional cost to the MSA
and in strict accordance with all applicable regulations, codes, laws, and
ordinances.
xiii.
An MSA representative shall inspect all work performed and be the final judge as
to work being performed correctly. Any findings shall have a corrective action
within a (48) hour period. In the event the work performance of the Contractor is
unsatisfactory, the Contractor will be notified by MSA Contract Manager. There
will be no cost to MSA for re-work.
xiv.
All work shall conform to Federal, State, county and local codes, rules and
regulations.
xiv.
Contractor shall provide any essential operational instructions to MSA
maintenance staff at the time of the on site inspection/service at no additional
cost.
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f. REPAIRS & EMERGENCY SERVICE
4.
i.
Repairs and emergency service of the EPPS’s shall be done on a Time and
Material basis utilizing the hourly rates included in Contractor’s price proposal.
ii.
For repairs projected above $10,000 dollars MSA may elect, at its discretion, to
request a lump sum price from Contractor.
iii.
Contractor shall respond within three (3) hour of notification for Emergency
service. Emergency service is defined as unscheduled work which requires
immediate action to restore equipment or system operations, to correct
mechanical problems that will cause imminent of interruption operations or will
cause damage to operating equipment. A one time mobilization service fee shall
apply for emergency service calls only.
iv.
Replacement parts for emergency and scheduled repair services which are
supplied by Contractor shall be billed to MSA at wholesale cost to Contractor
plus percentage of mark up. The percentage of markup shall not exceed fifteen
percent (15%). MSA shall have the option to purchase directly any replacement
repair part that exceeds $500.00 in cost. A copy of Contractor’s source
invoice(s) for all parts/materials used for repairs/services must accompany an
invoice in order to be reimbursed. Payments shall not be made for any
parts/materials without the proper documentation attached to Contractor’s
original invoice.
v.
MSA shall reserve the right to seek competitive bids for all major overhauls and
repairs as may be required during the term of the Contract. Contractor awarded
the Contract as a result of this solicitation shall work cooperatively with any
other Contractor that MSA may have to perform any major repairs.
Deliverables:
Work Tickets for each visit shall be assigned by MSA’s Contract Monitor and shall be
submitted with invoice for payment.
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Exhibit II- Equipment List- Emergency Power Supply System
1.1.
Oriole Park at Camden Yards
1.1.1
Onan Elect Generator Genset
Model: 450DFFA Spec: 50992F Serial# C910377837
Service Rating: Standby Hz 60 Power Factor: 0.8
Phases: 3 KW: 450 KVA: 563 Amps: 677 @ 277/480v
Wiring Diagrams: 612-6490-13 & 612-6488-02
1.1.2
Generator Engine: Onan
Engine# 37135938 S.O. # 68021 Model: KTTA19G
Ref# 100-2884 Date Mfg: 02/91
Advertised H.P. 685 @ 1800 R.P.M. CPL: 0739
1.1.3
Fuel Tank:
Capacity: 625 Gallons
1.1.4
Battery Charger: ONAN
Model: 305-081301
Type: Float
Input: 120 volts Output Volts: 24 volts DC
Output Amps: 10
Hertz: 60
Watts: 375
1.1.5
Load Bank: AVTRON
Part #: K711-54-50-480U-E2FG
CJN 33063
Model: K711 Load Bank
Serial #: 404
Ph: 3
Hertz: 60
Amps: 271
Total KW: 225
Volts: 480
Minimum Air Flow Required for Full Load Op: 16200 CFM
Drawings: (a) Outline Drawing: SB2203 (b) Schematic Wiring Diagram –
Controls: C21418 (c) Schematic Wiring Diagram – Load Bank: C21408
Wiring Diagram: 626-1762
1.1.6
Transfer Switch: Onan Transfer Switch
Outside of cabinet:
Model # OTCU 800G
Serial # C910378060
Spec 36G
Hz: 60
Volts: 277/ 480
Ph: 3
Amps: 800
Wire: 4
Inside of cabinet:
Model # 306-3456-07
Volts: 440/480 Amps: 800
Ph: 3
Hz: 50/60
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1.
2.
3.
4.
5.
1.2.
Annual Fuel Consumption each year is 832 gallons
Grade of fuel used is off road #2 diesel
Operating Schedule is 1/2 hour each week
Exhaust stack height: Located one half the way up the stadium
service entrance ramp at 13 feet high; however the final height is a
few feet below ground level
The stack diameter at the top is 8 inches
North Warehouse
1.2.1
A: Kohler Elect Generator Genset Package
Model: 350R0ZD71 Spec: PA-132809-71
Service rating: Standby Hz: 60 R.P.M. 1800
KW: 375 KVA: 469 Amps: 564 Bat: 24v
1.2.2
: Kohler Elect Generator
Generator Name: Kohler
Part# A-279479 Model: 433RSL2023BF W
Serial#: XK 3838063 Type: RSL Frame: 433
R.P.M. 1800 Phase: 3 HZ: 60 P.F.: 0.8 Encl.: Open
Amb: 40 Degrees Celsius In. Class: H Rise by Res.: 130°c
Field Amps: 2.2 Field Volts: 55
1.2.3
Generator Engine
Generator Name: Detroit Diesel 92 Series / 6V92
Model: 80837405 Spec. A 279548 Unit: 08VF148382
1.2.4
Fuel Tank:
Capacity: 250 Gallons
1.2.5.
Battery Charger: Kohler
Part #: A-292864
AC Input: 120/240 Volts
Amps: 3.0/1/5
DC Output: 26 Nominal Amps: 10
Hertz: 50/60
Ph: 1
1.2.6 Transfer Switch: Kohler Automatic Transfer Switch
Part # k-166341-600
12CS 12DS 23GD
Serial # K37728
Volts: 480 Amps: 600
Ph:3
Wires: 4
Hz:60
Poles: 3
1. Annual Fuel Consumption per Year is 370 gallons
2. Grade of fuel used is off road # 2 diesel Fuel
4. Operating Schedule is 1/2 hour each week
5. Exhaust stack height: approximately 10 feet high; however this true
elevation is a few feet below ground level
6. The Stack diameter at the top is 8 inch
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1.3
South Warehouse
1.3.1
Kohler Elect Generator Genset Package
Model: 500R0ZD71 Spec: PA-132536-71
Serial: 356810
Service rating: Standby Hz: 60 R.P.M. 1800
KW: 500 KVA: 625 Amps: 752 Bat: 24v
1.3.2
Kohler Elect Generator
Generator Name: Kohler
Part# A-328100 Model: 572RSL4024
Serial#: WA-GM05730-02-0894 Type: RSL Frame: 572
R.P.M. 1800 Phase: 3 HZ: 60 P.F.: 0.8 Encl.: Open
Amb: 40 Degrees Celsius In. Class: H Rise by Res.: 150’c
Field Amps: 2.2 Field Volts: 55
1.3.3
Generator Engine
Generator Name: Detroit Diesel 92 Series / 12V92
Model: 81237405 Spec. A 274273 Unit: 12VF009549
1.3.4
Fuel Tank:
Capacity: 500 Gallons
1.3.5
Battery Charger: Kohler
Part #: C-292864
AC Input: 120/240 Volts
DC Output: 26 volts nominal
Hertz: 50/60
Ph: 1
1.3.6
Amps: 5.1/3.0
Amps: 10
Transfer Switch: Kohler Automatic Transfer Switch
Part # k-566341-800
23G 34A
Serial # K56207
Volts: 480 Amps: 800
Ph: 3
Wires: 4
Hz: 60
Poles: 3
1. Annual Fuel Consumption per Year is 520 gallons
2. Grade of fuel used is off road # 2 diesel
4. Operating Schedule is 1/2 hour each week
5. Exhaust stack height: approximately 10 feet high; however this true
elevation is a few feet below ground level
6. The Stack diameter at the top is 11 inch
.
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Exhibit III- Task List Layouts
(attached)
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ATTACHMENT B – Contract Form
THIS CONTRACT is effective as of the day of Click here to enter a date. by and between Click here
to enter text. (the ―Contractor‖) and the MARYLAND STADIUM AUTHORITY (“MSA”).
IN CONSIDERATION of the promises and the covenants herein contained, the parties agree as follows:
1. SCOPE OF WORK
The Contractor shall provide the services as outlined within the Exhibit 1 Statement of Work, of the IFB,
MSA Project No. 11-035.
The work shall be provided in accordance with this Contract and the following exhibits, which are
attached and incorporated herein by reference. If there is any conflict between this Contract and the
exhibits, the terms of the Contract shall govern. If there is any conflict among the exhibits, the following
order of precedence shall determine the prevailing provision:
Exhibit A –
Exhibit B –
Exhibit C –
Invitation for Bids –Project No. 11-035
Contractor’s Bid, dated Click here to enter a date.
Contractor’s signed Contract Affidavit
The Procurement Officer or his designee may, at any time, by written order, make changes in the work
within the general scope stated in Exhibit 1 Statement of Work. No other order, statement, or conduct of
the Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an
equitable adjustment under this section. Except as otherwise provided in this Contract, if any change
under this section causes an increase or decrease in the Contractor’s cost of, or the time required for the
performance of, any part of the work, whether or not changed by the order, an equitable adjustment in the
Contract price shall be made and the Contract modified in writing accordingly. The Contractor must
assert in writing its right to an adjustment under this section within 30 days after receipt of the written
change order and shall include a written statement setting forth the nature and cost of such claim. No
claim by the Contractor shall be allowed if asserted after final payment under this Contract. Failure to
agree to an adjustment under this section shall be a dispute under the Disputes clause set in Section 6 of
the IFB. Nothing in this section shall excuse the Contractor from proceeding with the Contract as
changed.
2. TIME FOR PERFORMANCE
Unless this Contract is terminated earlier in accordance with its terms, the Contractor shall provide the
work described in Exhibit I Statement of Work during a term of one (1) years, commencing on or about
July 1, 2011. The termination date shall be one (1) year from the Commencement Date.
3. CONSIDERATION AND PAYMENT
3.1.
In consideration of satisfactory performance of the requirements of this Contract, MSA shall
pay the Contractor in accordance with the rates established in the Bid Form, in no event to
exceed $_____________ for payment for work without the express written approval of the
Procurement Officer and subject to any other MSA or State approval requirements.
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3.2.
Payments shall be made to the Contractor, following MSA’s acceptance of the work, no later
than 30 days after MSA receives an invoice from the Contractor, and pursuant to the
conditions outlined in this Section. The invoice for services rendered must include the
Contractor’s Federal Tax Identification Number, which is ___________. 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, as from time to time amended, are
prohibited. Invoices should be submitted to the attention of:
ACCOUNTS PAYABLE
Maryland Stadium Authority
333 West Camden Street, Suite 500
Baltimore, Maryland 21201
3.3.
In addition to any other available remedies, if, in the opinion of the Procurement Officer or his
designee, the Contractor fails to perform in a satisfactory and timely manner, the Procurement
Officer or his designee may refuse or limit approval of any invoice for payment, and may
cause payments to the Contractor to be reduced or withheld until the Contractor meets
performance standards established by the Procurement Officer or his designee.
3.4. Electronic funds transfer will be used by the State to pay Contractor for this Contract
and any other State payments due Contractor unless the State Comptroller’s Office
grants Contractor an exemption.
4. Minority Business Enterprise (MBE)
4.1. The Contractor is
/is not
Department of Transportation.
a Minority Business Enterprise certified by the Maryland
If yes, provide MBE certification No. ___________________________.
4.2. The Contract hereby agrees to enter into contract(s) with the following minority
contractors/suppliers to perform the following work:
Name of Contractor/Supplier
MDOT Cert. No.
Contract %
Click here to enter text.
5. Small Business Reserve (SBR)
5.1. The Contractor is
General Services.
/is not
a registered small business with the Maryland Department of
5.2. If yes, provide SBR registration No. ____________________________.
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IN WITNESS HEREOF, the parties have executed this Contract as of the date set forth at the
top of the first page hereof.
CONTRACTOR
_________________________
(Witness)
______________________________
By:
(Printed or typed name & title)
MARYLAND STADIUM AUTHORITY
_________________________
(Witness)
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__________________________
By:
62
ATTACHMENTS
ATTACHMENT A – Bid Form. This form must be completed by the Bidder and submitted as the
Bidder’s Bid.
ATTACHMENT B - Contract Form. It is provided with the IFB for informational purposes and is not
required at bid submission time. However, it must be completed, signed and returned by the selected
Bidder to the Procurement Officer expeditiously upon notification of the proposed Contract award.
ATTACHMENT C - Bid/Proposal Affidavit. This form must be completed and submitted with the Bid.
ATTACHMENT D – Contract Affidavit. It is not required at bids submission time. It must be submitted
by the selected Bidder to the Procurement Officer within 5 working days of notification of proposed
Contract award.
ATTACHMENT E – Conflict of Interest Affidavit and Disclosure. This form must be completed and
submitted with the Bid.
ATTACHMENT F – Contractor’s Experience and Qualification Form. This form must be completed and
submitted with the Bid.
ATTACHMENT G – Intentionally Omitted
ATTACHMENT H – Intentionally Omitted.
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ATTACHMENT C
Bid/Proposal Affidavit
A. AUTHORIZED REPRESENTATIVE
I HEREBY AFFIRM THAT:
I am the (title) ________ and the duly authorized representative of (business) ________ and that
I possess the legal authority to make this Affidavit on behalf of myself and the business for
which I am acting.
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;
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(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
I FURTHER AFFIRM THAT:
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
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(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 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
I FURTHER AFFIRM THAT:
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
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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).
____________________________________________________________
____________________________________________________________
___________________________________________________________.
F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES
I FURTHER AFFIRM THAT:
(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
I FURTHER AFFIRM THAT:
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
I FURTHER AFFIRM THAT:
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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. FINANCIAL DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, the provisions of Section 13-221 of the
State Finance and Procurement Article of the Annotated Code of Maryland, which require 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 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.
J. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, Election Law Article, §§14-101—14108, 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.
K. 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.
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(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 whom 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;
(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' 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 §K(2)(b), above;
(h) Notify its employees in the statement required by §K(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 §K(2)(h)(ii),
above, or otherwise receiving actual notice of a conviction;
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(j) Within 30 days after receiving notice under §K(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 §K(2)(a)—(j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in §K(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 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.
L. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT
I FURTHER AFFIRM THAT:
(1) The business named above is a (domestic ___ ) (foreign ___ ) corporation registered in
accordance with the Corporations and Associations Article, Annotated Code of Maryland, and
that it is in good standing and has filed all of its annual reports, together with filing fees, with the
Maryland State Department of Assessments and Taxation, and that the name and address of its
resident agent filed with the State Department of Assessments and Taxation is: Name:
________________________ Address: ___________________ .
(If not applicable, so state).
(2) 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,
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Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State
of Maryland prior to final settlement.
M. CONTINGENT FEES
I FURTHER AFFIRM THAT:
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.
N. Repealed.
O. 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: ____________________(Authorized Representative and Affiant)
SUBMIT THIS FORM WITH THE BID
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ATTACHMENT D - Contract Affidavit
A. AUTHORIZED REPRESENTATIVE
I HEREBY AFFIRM THAT:
I am the (title)
and the duly authorized representative of:
_________________________________
(business) and that I possess the legal authority to make
this Affidavit on behalf of myself and the business for which I am acting.
B. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT
I FURTHER AFFIRM THAT:
(1) The business named above is a (domestic_________) (foreign_________) corporation registered in
accordance with Corporations and Associations Article, Annotated Code of Maryland, and that it is in
good standing and has filed all of its annual reports, together with filing fees, with the Maryland State
Department of Assessments and Taxation, and that the name and address of its resident agent filed with
the State Department of Assessment and Taxation is:
Name:________________________________________________________________
Address:______________________________________________________________
Telephone and Fax
Numbers:_____________________________________________________________________
(2) 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 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.
C. CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best of my knowledge, information, and belief, each of the affirmations, certifications, or
acknowledgments contained in that certain Bid/Proposals Affidavit dated_____________________,
20____, and executed by me for the purposed 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:
(Signature)
(Authorized Representative and Affidavit)
THIS FORM IS TO BE SUBMITTED WITH EXECUTED CONTRACT
Emergency Generator Maintenance, Testing and Repair
Oriole Park at Camden Yards
MSA Project No. 11-035
72
ATTACHMENT E - CONFLICT OF INTEREST
AFFIDAVIT/DISCLOSURE
A. ―Conflict of Interest‖ means that because of other activities or relationships with other persons, a
person is unable or potentially unable to render impartial assistance or advice to the State, or the
person’s objectivity in performing the contract work is or might be otherwise impaired, or a
person has an unfair competitive advantage.‖
B. ―Person‖ has the meaning stated in COMAR 21.01.02.01B (64) and includes a Bidder,
Contractor, consultant, or subcontractor or subconsultant at any tier, and also includes an
employee or agent of any of them if the employee or agent has or will have the authority to
control or supervise all or a portion of the work for which a bid or offer is made.
C. The Bidder warrants that, except as disclosed in §D, below, there are no relevant facts or
circumstances now giving rise or which could, in the future, give rise to a conflict of interest.
D. The following facts or circumstances give rise or could in the future give rise to a conflict of
interest (explain in detail—attach additional sheets if necessary).
E. The Bidder agrees that if an actual or potential conflict of interest arises after the date of this
affidavit, the Bidder shall immediately make a full disclosure in writing to the Procurement
Officer of all relevant facts and circumstances. This disclosure shall include a description of
actions, which the Bidder has taken and proposes to take to avoid, mitigate, or neutralize the
actual or potential conflict of interest. If the Contract has been awarded and performance of the
Contract has begun, the Contractor shall continue performance until notified by the Procurement
Officer of any contrary action to be taken.
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:___________________________________________________
(Authorized Representative and Affiant)
SUBMIT THIS FORM WITH BID
Emergency Generator Maintenance, Testing and Repair
Oriole Park at Camden Yards
MSA Project No. 11-035
73
ATTACHMENT F- Contractor’s Experience and Qualifications Form
This form must be submitted with the Bid
Emergency Generator Maintenance, Testing and Repair
Oriole Park at Camden Yards
MSA Project No. 11-035
74