STATE HIGHWAY ADMINISTRATION I n v i t a t i o n f o r B i d s ( I F B

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STATE HIGHWAY ADMINISTRATION I n v i t a t i o n C o n t r a c t s

f o r

L e s s

PROJECT:

B i d s T h a n

( I F B ) $ 2 5 , 0 0 0

Meeting Transcription/Sound Amplification/ Recording Services

CONTRACT NO.

CRS2015

ADVERTISEMENT DATE:

March 27, 2015

BID DUE DATE / TIME:

Thursday, April 16, 2015 / 10:00 a.m.

BID LOCATION:

Maryland Department of Transportation State Highway Administration, Environmental Planning Division, 707 North Calvert Street— 3rd floor, Mail Stop C-301, Baltimore, MD 21202

I.

SUMMARY STATEMENT

The Maryland State Highway Administration (SHA), Office of Planning and Preliminary Engineering, is soliciting bids for a Contractor to provide meeting reporting services including both sound amplification/recording services and transcription services. II.

ISSUING OFFICE and PROCUREMENT OFFICER

Maryland Department of Transportation State Highway Administration Environmental Planning Division 707 North Calvert Street—3rd floor Mail Stop C-301 Baltimore, MD 21202 ATTN: Geoff McCammon The sole point of contact for purposes of this IFB is the Procurement Officer, Geoff McCammon. The Procurement Officer may be contacted at telephone number (410) 5458551 between 7:00 A.M. and 3:30 P.M. or by FAX (410) 209-5004. NOTE: The vendor is solely responsible for ensuring any information sent to the Procurement Officer by FAX has been received by the Procurement Officer. III A.

BID DUE DATE

The Bids must be received by the Procurement Officer or designee, Geoff McCammon or Joseph Harrison, at the State Highway Administration offices located at 707 North Calvert Street, 3rd floor, Mail Stop C-301, Baltimore, MD 21202 on or before Thursday, April 16, 2015 at 10:00 a.m. Bids shall be opened publicly on Thursday, April 16, 2015 in conference room 336 third floor south at 10:00 a.m.

Vendors are responsible for assuring that their bids are delivered to the specified location before the deadline for receipt of bids, including those delivered by U.S. Postal Service. Oral, fax, telegraphic, mailgram or E-mail bids will not be accepted. Bids, requests for withdraws, and modifications not received by the time and at the place indicated are late and may only be considered in accordance with COMAR 21.05.02.10. III B. PRE BID CONFERENCE

No Pre-Bid meeting will be held on this IFB. IV.

DURATION OF BID OFFER Prices submitted in response to this solicitation are irrevocable for ninety (90) days following the due date. The Procurement Officer may, however, request vendors to extend the time during which the State may accept their bids. Once a bid is accepted, all prices, terms, and conditions shall remain unchanged throughout the contract period.

V.

PROCUREMENT METHOD This solicitation shall be conducted in accordance with COMAR 21.05.07 – Small Procurement Regulations ($25,000 or Less).

VI.

TERMS and CONDITIONS A. Termination for Nonappropriation. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination. B. Maryland Law Prevails. The law of Maryland shall govern the interpretation and enforcement of this Contract. C. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer. D. Changes. This contract may be amended only with the written consent of both parties. Amendments may not change significantly the scope of the Contract (including the Contract price). E. Termination for Default. If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B. F. Nondiscrimination. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law. G. Anti-Bribery. The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States. H. Termination for Convenience. The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the

termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

VII.

SCOPE OF CONTRACTOR SERVICES A.

SHA does not guarantee any minimum or maximum number of hours or specific assignments that will be made during the life of this agreement. However, Contractor should anticipate providing services approximately 3-5 times per contract year, on average. Contractor must be able to provide sound amplification/recording services anywhere within the state of Maryland and at the designated time, which may include work performed after-hours and/or on weekends. All work will be performed by Contractor on an as-needed basis throughout the term of the contract.

Sound Amplification/Audio Recording Services, Equipment, and Products: Upon five (5) business days notice from SHA, either orally or by email, Contractor will provide sound amplification services and equipment sufficient for auditoriums and meeting rooms with a maximum seating capacity of 1200. Contractor will provide, at a minimum, the following equipment for each meeting: one (1) recording device for each reporter, one (1) mixer, one (1) amplifier, two (2) speakers, and six (6) microphones—two (2) wireless, and four (4) hard-wired. Contractor will arrive at each meeting site no less than one (1) hour before the meeting is scheduled to begin. Upon oral, email by SHA, and with at least 24 hours notice, Contractor will provide up to two (2) additional court reporters to record private testimony. Contractor will record all meeting proceedings, including oral testimony of participants, and provide SHA with two (2) copies of all recorded proceedings on Compact Disc (CD) or digital file, as specified by SHA, within one (1) week of each event. SHA will pay only for actual time worked. No travel time or mealtime will be paid. It shall be the responsibility of Contractor and Contractor’s employees to provide transportation to and from the work location. Parking may or may not be provided and, if not, will be the responsibility of Contractor or Contractor’s employees. The number of working hours may be reduced, increased, or canceled due to inclement weather, special events, or as directed by SHA. Contractor shall furnish SHA the name, address, phone number and/or email address of individuals in his/her firm who can be contacted by SHA at any time in the event that work is to be canceled by SHA. On days when work is canceled by SHA prior to the start of scheduled work hours, Contractor will not be due any compensation for the cancellation of work. On days when work is canceled by SHA after Contractor/Contractor’s personnel have reported to the work location, Contractor will be paid three (3) hours for each approved worker present. Inability to fulfill contract assignment may result in termination of contact. Contractor assumes full responsibility for set-up and break-down operations for all sound and recording equipment. Any and all equipment damage, destruction, loss, malfunction and/or failure are the sole responsibility of Contractor. Contractor will take all reasonable action to ensure smooth and uninterrupted amplification and recording services for the duration of each meeting, including provision of on-site backup equipment and/or replacement parts, and skilled technician/operator to make on-site replacements and/or repairs. Transcription Services and Products: Within two (2) weeks of conduct of the meeting, Contractor will provide SHA with two (2) hard copies of the initial draft transcript for review and editing as specified herein (see Attachment V: Transcript Format Template): printed on 8 ½ X 11 inch white 20-lb. paper with at least 30% recycled content; double-spaced; double-sided; with pages and lines numbered in margins; side-bound into a press-board or comparable weight/type folder for review and editing. Each transcript will include a Comprehensive Index of key words and names. Contractor will also provide at that time one (1) Compact Disc (CD) or digital file, as specified by SHA, containing the complete written transcript of all meeting proceedings and testimony. Everything spoken during a hearing must be reported. This includes a record of appearance by name and address of persons who actually speak for the record.

Within one (1) week of receipt of SHA comments/edits, Contractor will make requested changes and deliver two (2) hard copies in the format and form specified above, and three (3) CDs or digital file, as specified by SHA, of the final transcript. Unless otherwise requested in writing by SHA to deliver finished products to another location, delivery shall be made to: State Highway Administration, Environmental Planning Division, 707 N. Calvert Street—3rd floor, Mail Stop C-301, Baltimore, MD 21202, ATTN: Geoff McCammon. Delivery costs are included as part of the total dollar amount of the contract.

Contractor Qualifications It is Contractor’s responsibility to submit a statement of qualification that outlines and/or summarizes the capability and quality of performance relating to services offered in the specifications for which this bid shall be evaluated. Contractor shall have been in the meeting reporting business for a minimum of two (2) years. Contractor shall be a Notary Public. Bidders shall submit three (3) references with the bid, containing the following information: name, address, telephone number and point-of-contact of at least three (3) firms for which the bidder provided similar services within the preceding 24 months. References may be checked prior to award. Any negative responses received may result in rejection of the bid. B.

PAYMENT Subject to the performance of the work and its acceptance by the SHA, successful respondent may invoice the SHA for all appropriate charges for services performed within thirty (30) days after completion of the approved work. All such charges shall be derived in accordance with the prices originally quoted on the Contract Bid Form (Attachment I), attached hereto and made a part hereof. In the event that successful respondent is not in default of any of the contract terms and conditions, then SHA shall cause said invoice to be timely paid. Invoices must contain the complete company name, address, telephone number, contact person, F.E.I.N. (Federal Employment Identification Number), and SHA contract number for this contract and a unique invoice number. Invoice shall contain details of services and include copies of the signed delivery tickets that apply. Failure to do so may result in delay of payment. Invoices held for verification, missing information, or returned for corrective re-submittal shall not be subject to late fees. Invoices shall be sent to the following address: State Highway Administration 707 N. Calvert St. – Mail Stop C-301 Baltimore, MD 21202 Attention: Geoff McCammon Note: The State Highway Administration is exempt from Maryland Sales and Use Taxes by Exemption Certificate Number 3000256-3 and from Federal Excise Taxes by Exemption Number 52-73-0358K. Do not include tax.

VIII.

LIABILITY The Contractor must be covered by a sufficient amount of liability insurance. The Contractor shall provide this Administration with proof of liability insurance and coverage before the contract is awarded.

IX.

BID CONTENT The bidder shall submit an original Contract Bid Form for this Project. The bid shall be submitted on Attachment No. I. Attachment No. I is not to be altered in any way and is to contain only the price or prices stipulated on the form.

Bid submissions must be: •

Submitted in a sealed envelope on or before Thursday, April 16, 2015 at 10:00 a.m.

• • •

Addressed to Maryland Department of Transportation, State Highway Administration, Environmental Planning Division, 707 North Calvert Street—3rd floor, Mail Stop C-301, Baltimore, MD 21202, ATTN: Geoff McCammon/Joseph Harrison. Clearly marked with the full name and address of the bidder. Clearly marked with the contents of the envelope (i.e., "Bid Submission - Contract No.)

X.

OPENING of BIDS Bids will be opened publicly in accordance with the provisions in COMAR 21.05.02.11 on the date and time specified in Section IIIA of this IFB.

XI.

DURATION OF THE CONTRACT/PROJECT The duration / term of the contract is 36 months or total payments of $25,000, whichever comes first.

XII.

ATTACHMENTS • Contract Bid Form -- Attachment No. I • Small Business Preference Procurement--Attachment No. II • Small Business Contract Affidavit--Attachment No. III • Contractor Questionnaire and Reference Form--Attachment No. IV • Transcript Format Template--Attachment No. V

C O N T R A C T B I D F O R M – A T T A C H M E N T - I T his fo r m is to b e co mp leted in its entir ety, is no t t o be a lt ered in a ny w a y and is to co ntain o nly the p r ice o r p r ices stip ulated o n the fo r m.

*State Highway Administration IFB No.: Column A Item / Description Reporters

Sound system use—including equipment operation, set-up/break-down

Insert IFB # Column B

Column C

Column D

Quantity (See Note a) [1] 10 hours total

Vendor’s Bid per Unit

Total Cost ($) (Column B x C)

Cost per hour for each reporter

one (1) event

Cost per event

Compact discs—including reproduction, freight, shipping/handling, delivery.

[2] 6 discs

Cost per disc

Transcripts—including transcribing, printing, reproduction, binding, freight, shipping/handling, delivery

[3] 100 pages

Cost per page

TOTAL BID AMOUNT (Sum of Column D) (See Note b) *Table Reflects Pricing Model. As Indicated in Section VII. SCOPE OF CONTRACTOR SERVICES, “Contractor should anticipate providing services approximately 3-5 times per contract year, on average.” NOTE: a)

Q u a n t i t i e s a r e e s t i m a t e d a n d u s e d f o r b i d e v a l u a t i o n o n l y. T h e y m a y n o t r e p r e s e n t t h e a c t u a l q u a n t i t i e s e x p e r i e n c e d o n c e t h e c o n t r a c t i s a wa r d e d .

b)

If t h e “ T o t a l B i d Am o u n t ” r e s u l t s i n a t o t a l t h a t e x c e e d s $ 2 4 , 9 5 0 , t h e c o n t r a c t wr i t t e n wi t h t h e l o w b i d d e r wi l l b e wr i t t e n a s “ n o t t o e x c e e d $ 2 5 , 0 0 0 ” u s i n g t h e u n i t p r i c e s e s t a b l i s h e d i n C o l u m n C .

c)

S H A i s e x e m p t f r o m M a r yl a n d S a l e s a n d U s e T a x e s b y E x e m p t i o n C e r t i f i c a t e N u m b e r 3 0 0 0 2 5 6 - 3 a n d f r o m F e d e r a l E x c i s e T a x e s b y E x e m p t i o n N u m b e r 5 2 - 7 3 - 0 3 5 8 K. D o n o t i n c l u d e t a x i n b i d p r i c e s

ASSUMPTIONS: [1]

Rep resents 2 rep o rters X estim a ted 5 - ho ur event

[2]

Rep resents 4 d iscs p er tra nscrip t + 2 d iscs p er reco rd ed p ro ceed ing

[3]

Rep resents a n estim a ted 1 0 0 p a g es p er tra nscrip t

FOR THE CONTRACTOR: Company Name: Signature: Name Typed: Title: Federal Tax I.D. Number: Phone Number:

NOTICE TO BIDDERS SMALL BUSINESS PREFERENCE PROCUREMENT __5%__ Percentage Preference Applies ATTACHMENT II A "small business preference" procurement is one for which bids are invited from all qualified bidders, including both qualified small and regular businesses. “Percentage preference" means the maximum percentage (not to exceed 5% as stated in law) by which a responsive bid from a responsible small business bidder may exceed the lowest responsive bid submitted by a responsible bidder that is not a small business and still be awarded the procurement. This procurement meets the statutory requirements set forth in State Finance and Procurement Article, §14-201 to14-203, Annotated Code of Maryland. Only small businesses that are registered with the Department of General Services Small Business Reserve Program (www.dgs.state.md.us) qualify for the small business percentage preference. Effective October 1, 2004, a small business is a business, other than a broker, that meets the following criteria:    

 





The business is independently owned and operated; The business is not a subsidiary of another business; The business is not dominant in its field of operation; The wholesale operations of the business did not employ more than 50 persons, and the gross sales of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;* The retail operations of the business did not employ more than 25 persons, and the gross sales of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;* The manufacturing operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;* The service operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;* and The construction operations of the business did not employ more than 50 persons, and the gross sales of the business did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years.*

*If a business has not existed for three years, the gross sales average shall be the average for each year or part of a year during which the business has been in existence. Further information on the small business qualification process is available at www.dgs.state.md.us and click on the Small Business Reserve hyperlink to apply.

Maryland Department of Transportation SMALL BUSINESS CONTRACT AFFIDAVIT ATTACHMENT III ********** PROVIDING FALSE INFORMATION ********** Anyone providing false information to the State of Maryland in connection with obtaining or attempting to obtain a contract under Small Business Reserve or Preference procurement may be subject to the following: 1.

A determination by a Procurement Officer that a bidder/offeror is not responsible;

2.

A determination that a contract entered into is void or voidable under § 11-204 of the State Finance and Procurement Article of the Annotated Code of Maryland;

3.

Suspension and debarment under Title 16 of the State Finance and Procurement Article;

4.

Criminal prosecution for procurement fraud (§ 11-205.1 of the State Finance and Procurement Article), perjury, or other crimes; and

5. Other actions permitted by law. ********** FAILURE TO MEET MINIMUM QUALIFICATIONS ********** Any Bidder or potential bidder failing to meet the qualifications of a "small business" specified in § 14-501(c) of the State Finance and Procurement Article will be ineligible to participate in a procurement designated for a Small Business Reserve under § 14-504 or Small Business Preference under § 14-206 - 207. Any person or company bidding on Small Business Reserve or Preference procurement and not qualifying as a small business under § 14501(c) will have its bid or offer rejected on the ground that the bidder is not responsible. I AFFIRM THAT: To the best of my knowledge, information, and belief, as of the date of submission of this Bid/Proposal, (name of firm) meets the qualifications for certification as a Small Business in Maryland. I further affirm that, if for any reason during the term of the contract (name of firm) no longer meets the qualifications for certification as a Small Business in Maryland, I will notify the Procurement Officer within 30 days. I agree that a failure to so notify the Procurement Officer of this change in circumstances may result in this contract being terminated for default. 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. SMALL BUSINESS QUALIFICATION NUMBER _________ Date of Most Recent Qualification__________________________________ DATE:_____________ BY:_____________________________________________________________ Signature (Authorized Representative and Affidavit)

CONTRACTOR QUESTIONNAIRE AND REFERENCE FORM— ATTACHMENT IV Please complete the following questions as part of your bid. This section must be filled out and returned with the Proposal Form. COMPANY NAME:___________________________________________________________________________ 1. Our company has been in business for _____________________ years. 2. Our company’s headquarters is located at: _________________________________________________________ ____________________________________________________________________________________________ 3. Our contact person’s name, title, phone number, and email address is: __________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 4. List three (3) references similar in nature and dollar value within the last two (2) years: COMPANY NAME:____________________________________________________________________________ ADDRESS:___________________________________________________________________________________ CONTACT PERSON:__________________________________________________________________________ TELEPHONE NUMBER:_______________________________________________________________________ EMAIL ADDRESS:____________________________________________________________________________

COMPANY NAME:____________________________________________________________________________ ADDRESS:___________________________________________________________________________________ CONTACT PERSON:__________________________________________________________________________ TELEPHONE NUMBER:_______________________________________________________________________ EMAIL ADDRESS:____________________________________________________________________________

COMPANY NAME:____________________________________________________________________________ ADDRESS:___________________________________________________________________________________ CONTACT PERSON:__________________________________________________________________________ TELEPHONE NUMBER:_______________________________________________________________________ EMAIL ADDRESS:____________________________________________________________________________