1-1-26-3-12-8 Solicitation Document.pdf

Rev. 08/2024

Request for Proposals (RFP)

PROJECT ID No. 1-26-3-12-8

Maryland Mesonet: Weather Station Excavation, Concrete, and Fencing

Eastern Shore, MD

Kent, Queen Anne’s, Caroline, Talbot, Dorchester, Somerset, Wicomico, Worcester Counties

Issue Date: September 5, 2025 Due Date: October 3, 2025 @ 1:00 PM

Minority Business Enterprises Are Encouraged to Respond to this Solicitation

Please Note: In the event of emergency closing of Maryland Environmental Service (MES) offices, this RFP is due at the same time on the next regular working day.

Rev. 08/2024

MARYLAND ENVIRONMENTAL SERVICE

NOTICE TO VENDORS

In order to help us improve the quality of MES solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Sheet below for contact information).

Title: Maryland Mesonet: Weather Station Excavation, Concrete, and Fencing (Eastern Shore Counties) Solicitation No: 1 - 2 6 - 3 - 1 2 - 8

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

o Other commitments preclude our participation at this time.

o The subject of the contract is not something we normally provide.

o We are inexperienced in the work/commodities required.

o The specifications are either unclear or too restrictive. (Please explain in remarks section.)

o The scope of work is beyond our current capacity.

o Doing business with government is simply too complicated o We cannot be competitive. (Please explain in remarks section) o Time for completion is insufficient.

o Bonding/insurance requirement are prohibitive. (Please explain in remarks section.)

o Bid/proposal requirements, other than specifications, are unreasonable or too risky. (Please explain in remarks section.)

o Prior experience with State of Maryland contracts was unprofitable or otherwise (Please explain in remarks section.)

o Difficulty with MES Website o Other: ___________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.).

REMARKS:

Vendor Name: Date:

Contact Person: Phone

Address:

E-mail Address:

RFP KEY INFORMATION SUMMARY SHEET

Request for Proposals: Excavation, Conduit, Concrete, H-Frame and Chain Link Fencing for Mesonet Weather Station (Eastern Shore counties)

Solicitation Number: 1-26-3-12-8

RFP Issue Date: September 5, 2025

RFP Issuing Office: Maryland Environmental Service

Procurement Officer: Robert Verk

259 Najoles Road Millersville, MD 21108 Phone: 410-729-8510 Fax: 410-729-8280 e-mail: procurement@menv .com

Contract Project Manager: Tyler Pullen tpullen@menv.com

Do not contract the Project Manager during the procurement process.

All questions should be directed to procurement@menv.com

Proposals are to be sent to: MES Procurement Portal (Bonfire)

Pre-Proposal Conference: September 12, 2025 @b9:00 AM Local Time

Site Visit: By Appointment Only

Questions Due: September 23, 2025 @ 1:00 PM

Closing Date and Time: October 3, 2025 @ 1:00 PM

MBE Goal: YES mailto:procurement@menv.com mailto:procurement@menv.com https://menv.bonfirehub.com/projects/50917/details

TABLE OF CONTENTS

REQUEST FOR PROPOSALS (RFP) ........................................................................................ I NOTICE TO VENDORS ............................................................................................................. II RFP KEY INFORMATION SUMMARY SHEET .................................................................. III TABLE OF CONTENTS ...................................................................................................... IV-VI

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.2 Contract Type

1.3 Contract Duration

1.4 Procurement Officer

1.5 Project Contract Monitor

1.6 Pre-Proposal Conference

1.7 eMaryland Marketplace Advantage

1.8 Questions

1.9 Procurement Method

1.10 Proposals Due (Closing) Date and Time

1.11 Economy of Preparation

1.12 Public Information Act Notice

1.13 Award Basis

1.14 Oral Presentation

1.15 Duration of Proposal

1.16 Revisions to the RFP

1.17 Cancellations/Reservations

1.18 Incurred Expenses

1.19 Protest/Disputes

1.20 Offeror Responsibilities

1.21 Substitution of Personnel

1.22 Mandatory Contractual Terms

1.23 Bid/Proposal Affidavit

1.24 Contract Affidavit

1.25 Compliance with Laws/Arrearages

1.26 Verification of Registration and Tax Payment

1.27 Insurance Requirements

1.28 Minority Business Enterprise Goals ............................................................................. 13-14

1.29 Living Wage Requirements

1.30 Federal Funding Acknowledgement

1.31 Conflict of Interest Affidavit and Disclosure

1.32 Investment Activities in Iran

1.33 Notice of Political Contributions

1.34 Certification Regarding Discriminatory Boycotts of Israel

SECTION 2 SCOPE OF WORK

2.1 Background and Purpose

2.2 Scope of Work - Requirements ................................................................................. 16-17

2.3 Minimum Qualifications ........................................................................................... 18-19

2.4 Invoicing ................................................................................................................... 19-20

2.5 Liquidated Damages

2.6 MBE Reports

SECTION 3 – PROPOSAL FORMAT

3.1 Two Part Submission

3.2 Proposals

3.3 Delivery

3.4 Volume I – Technical Proposal ................................................................................. 24-25

3.5 Volume II – Price Proposal........................................................................................ 25-26

SECTION 4 – EVALUATION COMMITTEE, CRITERIA, SELECTION AND AWARD

PROCEDURE

4.1 Evaluation Committee

4.2 Documents Required upon Notice of Recommendation for Contract Award

RFP ATTACHMENTS

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.1.1 The Maryland Environmental Service (MES or the Service) is issuing this Request for Proposals (RFP) to engage a qualified contractor to perform site excavation, concrete pouring, installation of provided embeds, trenching/conduit placement, and the placement of fencing as required. These concrete pads will serve as foundations for weather stations, which makes precision and quality of work essential. The project is currently estimated to include up to nine (9) sites, though the final number may vary as the scope evolves.

1.1.2 It is MES’s intention to obtain services, as specified in this RFP, from a Contract between the selected

Successful Offeror and MES. The anticipated duration of services to be provided under this Contract is 2 years, with the option to extend the contract as the project evolves.

1.1.3 MES intends to make a single award as a result of this RFP.

1.1.4 Offerors, either directly or through their subcontractor(s), must be able to provide all services and meet all of the requirements requested in this solicitation and the successful Offeror (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

1.2 Contract Type

The Contract that results from this RFP shall be a firm fixed price

1.3 Contract Duration

1.3.1 The Contract that results from this solicitation shall commence as of the date the Contract is signed by MES following approval of the Contract by the MES Board of Directors, if such approval is required (Contract Commencement).

1.3.2 As of the date contained in a Notice to Proceed (NTP), the Contractor shall begin performing all activities required by the Contract, including the requirements of the solicitation.

1.3.3 The duration of the Contract shall be for a period of two (2) years to complete all work, commencing from the start date specified in the Notice to Proceed issued by MES. Any work proposed to be conducted on Saturdays, Sundays, or holidays must receive prior approval from MES/MMD. The provision of all services required by the Contract, and the requirements of the RFP.

1.3.4 The Contractor’s obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (See Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.

1.4 Procurement Officer

The sole point of contact in MES for purposes of this solicitation prior to the award of any Contract is the Procurement Officer/Coordinator at the address listed below:

Robert Verk Procurement Administrator 259 Najoles Road Millersville, MD 21108

Phone Number: 410-729-850 E-mail: procurement@menv.com

MES may change the Procurement Officer at any time.

1.5 Project Contract Monitor

The MES representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Project Contract Monitor may authorize in writing one or more MES representatives to act on behalf of the Project Contract Monitor in the performance of the Project Contract Monitor’s responsibilities.

The Project Contract Monitor is:

Tyler Pullen/Lead Environmental Specials

MES may change the Project Contract Monitor at any time.

1.6 Pre-Proposal Conference and Site Visit

A Virtual Pre-Proposal Conference (the Conference) will be held on September 12, 2025 beginning at 9:00 AM Local Time, Click this Link to join the Conference. All prospective Offerors are encouraged to attend in order to facilitate better preparation of their Proposals.

There is no Site Visit scheduled for this project. A Site visit can be arranged by contacting Tyler Pullen at procurement@menv.com

If there is a need for sign language interpretation and/or other special accommodations due to a disability, please notify the Procurement Officer as soon as possible. MES will make a reasonable effort to provide any such special accommodation.

1.7 eMaryland Marketplace Advantage

Each Offeror is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number in the Transmittal Letter (cover letter) submitted at the time of its Proposal submission to this RFP.

eMMA is an electronic commerce system administered by the State of Maryland. In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to https://emma.maryland.gov/ , click on Register Now to begin the process, and then follow the prompts.

1.8 Questions

Questions to the Procurement Officer shall be accepted though MES Procurement Portal (Bonfire) in a timely manner prior to the Proposal due date. Questions are requested to be submitted at least ten (10) days prior to the Proposal due date. MES, based on the availability of time to research and communicate an answer, and in its sole discretion, shall decide whether an answer can be given before the Proposal due date. Time permitting, 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 that are known to have received a copy of the RFP.

mailto:procurement@menv.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2MwMDIxOTYtMzUxYi00OTA0LWJiOTgtZTE3OTc1ZWE3YzZj%40thread.v2/0?context=%7b%22Tid%22%3a%224c44e1cf-7dae-454f-a18f-c18a6a12f9d7%22%2c%22Oid%22%3a%22d3bad395-1acb-411f-bc36-bcaf14eab36b%22%7d https://emma.maryland.gov/ https://menv.bonfirehub.com/portal

If it becomes necessary to revise this RFP before the due date for Proposals, MES shall endeavor to provide addenda to all prospective Offerors that were sent this RFP or which are otherwise known by the Procurement Officer to have obtained this RFP. In addition, MES will post amendments to the RFP via the MES Procurement Portal (Bonfire). It remains the responsibility of all prospective Offerors to check all applicable websites for any addenda issued prior to the submission of Proposals.

1.9 Procurement Method

This Contract will be awarded in accordance with the Competitive Sealed Proposals method under COMAR 14.27.03.08

1.10 Proposals Due (Closing) Date and Time

Proposals, in the format set forth in Section 3 must be submitted through the MES Procurement Portal (Bonfire) https://menv.bonfirehub.com/. Proposals will not be accepted after the due date and time.

Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in this section for receipt of Proposals.

Proposals may not be submitted by e-mail or facsimile.

Vendors not responding to this solicitation are requested to submit the Notice to Vendors form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.).

This form is located in the RFP immediately following the Title Page (page ii).

1.11 Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise description of the Offeror’s Proposal to meet the requirements of this RFP.

1.12 Public Information Act Notice

An Offeror should give specific attention to the clear identification of those portions of its Proposal that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by MES under the Public Information Act, Md. Code Ann., State Government Article, Title 10, Subtitle 6. This confidential and/or proprietary information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal and if applicable, separately in the Price Proposal.

Offerors 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 must be disclosed.

1.13 Award Basis

The Contract shall be awarded to the responsible Offeror submitting the Proposal that has been determined to be the most advantageous to MES, considering price and evaluation factors set forth in this RFP and for providing the goods and services as specified in this RFP.

http://www.dsd.state.md.us/comar/comarhtml/14/14.27.03.08.htm http://www.dsd.state.md.us/comar/comarhtml/14/14.27.03.08.htm https://menv.bonfirehub.com/

1.14 Oral Presentation

Offerors may be required to make oral presentations to MES representatives. Offerors must confirm in writing any substantive oral clarification of, or change in, their Proposals made in the course of discussions. Any such written clarifications or changes then become part of the Offeror’s Proposal and are binding if the Contract is awarded. The Procurement Officer will notify Offerors of the time and place of oral presentations.

1.15 Duration of Proposal

Proposals submitted in response to this RFP are irrevocable for 120 days following the closing date of the Proposals.

This period may be extended at the Procurement Officer’s request only with the Offeror’s written agreement.

1.16 Revisions to the RFP

If it becomes necessary to revise this RFP before the due date for Proposals, MES shall endeavor to provide addenda to all prospective Offerors that were sent this RFP or which are otherwise known by the Procurement Officer to have obtained this RFP. In addition, addenda to the RFP will be posted via MES Procurement Portal (Bonfire) It remains the responsibility of all prospective Offerors to check all applicable websites for any addenda issued prior to the submission of Proposals. Addenda made after the due date for Proposals will be sent only to those Offerors that submitted a timely Proposal and that remain under award consideration as of the issuance date of the addenda.

Acknowledgment of the receipt of all addenda to this RFP issued before the Proposal due date shall be included in the Bid/Proposal Affidavit (See Attachment B-1) accompanying the Offeror’s Technical Proposal.

Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice. Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum.

1.17 Cancellations/Reservations

MES, in its sole discretion, reserves the right to cancel this RFP, accept or reject any and all Proposals, in whole or in part, received in response to this RFP, to waive or permit the cure of minor irregularities, and to conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of MES. MES also reserves the right, in its sole discretion, to award a Contract based upon the written proposals received without discussions or negotiations.

1.18 Incurred Expenses

MES will not be responsible for any costs incurred by any Offeror in preparing and submitting a Proposal, in making an oral presentation, in providing a demonstration, or in performing any other activities related to this solicitation.

1.19 Protest/Disputes

Any protest or dispute related, respectively, to this solicitation or the resulting Contract is NOT and shall NOT be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies). An interested party may protest to the Procurement Officer against the award of the contract which is the subject of this solicitation within three (3) business days after the proposed award of contract. The protest shall be in writing, addressed to the Procurement Officer and delivered to the headquarters of the Maryland Environmental Service. A protester may not file a protest by electronic means or by facsimile. A copy of the protest procedure is available by contacting the Procurement Officer. Any disputes/discrepancies related to the solicitation documents will not be acknowledged unless received within ten (10) days prior to the bid/proposal opening, in writing.

1.20 Offeror Responsibilities

The selected Offeror shall be responsible for all products and services required by this RFP. All subcontractors must be identified and a complete description of their role relative to the Proposal must be included in the Offeror’s Proposal.

If applicable, subcontractors utilized in meeting the established MBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) of this RFP.

If an Offeror that seeks to perform or provide the services required by this RFP is the subsidiary of another entity, all information submitted by the Offeror, including but not limited to references, minimum qualifications, and financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary.

1.21 Substitution of Personnel

Continuous Performance of Key Personnel

Unless substitution is approved as outlined herein, key personnel shall be the same personnel proposed in the Contractor’s Technical Proposal, which will be incorporated into the Contract by reference. Such identified key personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key personnel may not be removed by the Contractor from working under this Contract, as described in the RFP or the Contractor’s Technical Proposal, without the prior written approval of the Contract Manager.

If the Contract is task order based, the provisions of this section apply to key personnel identified in each task order proposal and agreement.

1.22 Mandatory Contractual Terms

By submitting a Proposal in response to this RFP, an Offeror, if selected for award, shall be deemed to have accepted the terms and conditions of this RFP and the Contract, sample attached herein as Attachment A-1. Any exceptions to this RFP or the Contract shall be clearly identified in the Cover Letter of the Technical Proposal. A Proposal that takes exception to any of these terms may be rejected at MES’ sole discretion.

1.23 Bid/Proposal Affidavit

A Proposal submitted by an Offeror must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B-1 of this RFP.

1.24 Contract Affidavit

All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror will be required to complete a Contract Affidavit. A copy of this Affidavit is included as Attachment C-1 of this RFP. This Affidavit must be provided within five (5) Business Days of notification of proposed Contract award. For purposes of Section B of the Affidavit, please note that any company incorporated outside of Maryland is considered a foreign company. This Contract Affidavit will also be required to be completed by the Contractor prior to any Contract renewals, including the exercise of any options or any modifications that may extend the Contract term.

1.25 Compliance with Laws/Arrearages

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract.

By submitting a response to this solicitation, each Offeror represents that it is not in arrears in the payment of any obligations due and owing MES or the State of Maryland, including the payment of taxes and employee benefits, and that it shall not b ecome so in arrears during the term of the Contract if selected for Contract award.

1.26 Verification of Registration and Tax Payment

Before a business entity can do business in Maryland it must be registered with the State Department of Assessments and Taxation (SDAT). The SDAT website is http://dat.maryland.gov/Pages/default.aspx

It is strongly recommended that any potential Offeror complete registration prior to the due date for receipt of Proposals.

An Offeror’s failure to complete registration with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award.

1.27 Insurance Requirements

The Contractor shall at all times have and maintain Commercial General Liability with a combined limit for personal injury and property damage liability at One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, and Vehicle Liability Insurance with a combined limit for personal injury and property damage liability of Five Hundred Thousand Dollars ($500,000) per occurrence and One Million Dollars ($1,000,000) in the aggregate. Certificates of such insurance acknowledging the Hold Harmless Clause contained in this document shall be filed with the Service.

1.28 Minority Business Enterprise Goals

A minimum overall MBE subcontractor participation goal of 5% of the total contract dollar amount has been established for this procurement.

There are no MBE subcontractor participation subgoals for this procurement.

1.29.1 Attachment A – Minority Business Enterprise participation, instructions, and forms are provided to assist

Bidders/Offerors. A Bidder/Offer must include with its Bid/Proposal a completed Maryland Department of Transportation (MDOT) Certified MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (Attachment A) whereby:

(a) The Bidder/Offer acknowledges the certified MBE participation goal and commits to make a good faith effort to achieve the goal and any applicable subgoals, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process; and

(b) The Bidder/Offer responds to the expected degree of MBE participation, as stated in the solicitation, by identifying the specific commitment of certified MBEs at the time of Bid/Proposal submission.

The Bidder/Offer shall specify the percentage of total contract value associated with each MBE subcontractor identified on the MBE participation schedule, including any work performed by the http://dat.maryland.gov/Pages/default.aspx

MBE prime (including a prime participating as a joint venture) to be counted towards meeting the MBE participation goals.

(c) A Bidder/Offeror requesting a waiver should review Attachment E (Waiver Guidance) and F (Good Faith Efforts Documentation to Support Waiver Request) prior to submitting its request.

If a Bidder/Offeror fails to submit a completed Attachment _A with the Bid/Proposal as required, the Procurement Officer shall determine that the Bid is not responsive, or the Proposal is not reasonably susceptible of being selected for award.

1.29.2 Bidders/Offers are responsible for verifying that each of the MBE(s) (including any MBE primes and/or MBE primes participating in a joint venture), selected to meet the goal and any subgoals and subsequently identified in Attachment A is appropriately certified and has the correct NAICS codes allowing it to perform the committed work.

1.29.3 Within ten (10) working days from notification that it is the recommended awardee or from the date of the actual award (per COMAR 21.11.03.10), whichever is earlier, the Bidder/Offeror must provide the following documentation to the Procurement Officer.

(a) Outreach Efforts Compliance Statement (Attachment B)

(b) MBE Prime/Subcontractor Project Participation Certification (Attachment C/C-page 2)

(c) Good Faith Efforts Documentation to Support Waiver Request (Attachment F).

(d) Any other documentation required by the Procurement Officer to ascertain Bidder/Offeror responsibility in connection with the certified MBE subcontractor participation goal or any applicable subgoals.

If the recommended awardee fails to return each completed document within the required time, the Procurement Officer may determinate that the recommended awardee is not responsive and, therefore, not eligible for Contract award. If the Contract has already been awarded, the award is voidable.

1.29.4 Please refer to the MDOT MBE Directory at https://marylandmdbe.mdbecert.com/ to determine if a firm is certified with the appropriate North American Industry Classification System (“NAICS”) Code and the product/services description (specific product that a firm is certified to provide or specific areas of work that a firm is certified to perform). For more general information about NAICS codes, please visit https://www.census.gov/eos/www/naics/. Only those specific products and/or services for which a firm is certified in the MDOT Directory can be used for purposes of achieving the MBE participation goals.

CAUTION: If the firm’s NAICS Code is in graduated status, such services/products may not be counted for purposes of achieving the MBE participation goals. A NAICS Code is in the graduated status if the term “Graduated” follows the Code in the MDOT MBE Directory.

1.29.5 The Contractor, once awarded a Contract, will be responsible for submitting or requiring its subcontractor(s) to submit the following forms to provide the State with ongoing monitoring of MBE participation:

(a) Attachment G (Prime Contractor Paid/Unpaid MBE Invoice Report).

(b) Attachment I (MBE Prime Contractor Report)

(c) Attachment H (MBE Subcontractor/Contractor Unpaid MBE Invoice Report).

1.29.6 The Bidder/Offeror that requested a waiver of the goal or any of the applicable subgoals will be responsible for submitting the following form, within ten (10) working days of recommendation for award and all documentation as required in COMAR 21.11.03.11 – Waiver:

(a) Attachment F (Good Faith Efforts Documentation to Support Waiver Request) http://www.dsd.state.md.us/comar/comarhtml/21/21.11.03.10.htm https://marylandmdbe.mdbecert.com/

1.29.7 All documents, including Attachment A, completed and submitted by the Bidder/Offeror in connection with its certified MBE participation commitment shall be considered to be a part of the resulting Contract and are hereby expressly incorporated by reference thereto.

1.29.8 The Bidder/Offeror is advised that liquidated damages will apply in the event the Contractor fails to comply in good faith with the provisions of the MBE program and pertinent Contract provisions (See Attachment I-1).

1.29.9 As set forth in COMAR 21.11.03.12-1(D) when a certified MBE firm participates on a contract as a prime contractor (including a joint-venture where the MBE firm is a partner), a procurement agency may count the distinct, clearly defined portion of the work of the Contract that the certified MBE firm performs with its own workforce toward fulfilling up to, but no more than, fifty-percent (50%) of the overall MBE participation goal, including up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the Contract.

In order to receive credit for self-performance, an MBE prime must be certified in the appropriate NAICS code to do the work and must list its firm in the MBE Participation Schedule, including the certification category under which the MBE prime is self-performing and include information regarding the work it will self-perform

For the remaining portion of the overall goal and the remaining subgoals, the MBE prime must also identify on the MBE Participation Schedule the other certified MBE subcontractors used to meet those goals or request a waiver.

These guidelines apply to the work performed by the MBE Prime that can be counted for purposes of meeting the MBE participation goals. These requirements do not affect the MBE Prime’s ability to self-perform a greater portion of the work in excess of what is counted for purposes of meeting the MBE participation goals.

Please note that the requirements to meet the MBE participation overall goal and subgoals are distinct and separate. If the contract has subgoals, regardless of MBE Prime’s ability to self-perform up to 50% of the overall goal (including up to 100% of any subgoal), the MBE Prime must either commit to use other MBEs for each of any remaining subgoals or request a waiver. As set forth in Attachment E Waiver Guidance, the MBE Prime’s ability to self-perform certain portions of the work of the Contract will not be deemed a substitute for the good faith efforts to meet any remaining subgoal or the balance of the overall goal.

In certain instances where the percentages allocated to MBE participation subgoals add up to more than 50% of the overall goal, the portion of self-performed work that an MBE Prime may count toward the overall goal may be limited to less than 50%. Please refer to the Governor‘s Office of Small Minority & Women Business Affairs’ website for the MBE Prime Regulations Q&A for illustrative examples.

http://www.goMDsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulation_QA.pdf

1.29.10 With respect to Contract administration, the Contractor shall:

(a) Submit by the 15th of each month to the Agency’s designated representative:

i. A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment G) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and

ii. (If Applicable) An MBE Prime Contractor Report (Attachment I) identifying an MBE prime’s self-performing work to be counted towards the MBE participation goals.

(b) Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit by the 15th of each month to the Service’s designated representative an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment H) that identifies the Contract and lists all payments to the MBE subcontractor http://www.gomdsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulation_QA.pdf received from the Contractor in the preceding 30 days, as well as any outstanding invoices, and the amounts of those invoices.

(c) Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, the type of work performed by each, and the actual dollar value of work performed. Subcontract agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the MBE Program Manager request.

(d) Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the MBE participation obligations.

Contractor must retain all records concerning MBE participation and make them available for State inspection for three (3) years after final completion of the Contract.

(e) Upon completion of the Contract and before final payment and/or release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.

1.30 Living Wage Requirements

Living Wages are NOT required for this Contract

1.31 Federal Funding Acknowledgement

A resulting task authorization issued under this agreement may contain Federal funds. The contractor agrees to comply with and ensure compliance with any stipulations which may be applicable and identifiable under such task authorization.

____ Federal Funding is applicable for this project _X_ Federal Funding is not applicable for this project

1.32 Conflict of Interest Affidavit and Disclosure

Bidders/Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment D-1) and submit it with their Bid/Proposal. All Bidders/Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Contractor’s personnel who perform or control work under this Contract and each of the participating subcontractor personnel who perform or control work under this Contract shall be required to complete agreements substantially similar to Attachment D-1 Conflict of Interest Affidavit and Disclosure. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

1.33 Investment Activities in Iran

The Bidder/Offeror is required to complete the Investment Activities in Iran Certification. A copy of this Certification is included as Attachment H-1. The Certification must be provided with the Bid/Proposal.

1.34 Notice of Political Contributions

Any firm awarded a state agency contract shall comply with the political contribution reporting requirements under Title 14 of the Election Law Article to which the contractor may be subject as provided in § 17-402 (2013).

1.35 Certification Regarding Discriminatory Boycotts of Israel

The Offeror is required to complete the Certification Regarding Discriminatory Boycotts of Israel. A copy of this Certification is included as Attachment K-1. The Certification must be provided with the Bid/Proposal.

http://www.dsd.state.md.us/comar/comarhtml/21/21.05.08.08.htm

SECTION 2 – SCOPE OF WORK

2.1 Background and Purpose

The Maryland Mesonet is a high-resolution network of state-of-the-art automated weather stations, developed through a partnership between the University of Maryland (UMD) and the Maryland Department of Emergency Management (MDEM). Its core mission is to provide real-time environmental monitoring by collecting minute-by-minute data on temperature, wind, humidity, pressure, soil moisture, solar radiation, and precipitation.

MES is issuing this solicitation for the purpose of securing a contractor capable of performing the work that is required before a weather station can be erected. The contractor shall be responsible for excavation, trenching and laying conduit, concrete, placing embeds (provided) h-frame construction, and chain-link fencing. The concrete blocks will serve as the foundation of a 33’ aluminum truss, a rain gauge, and a solar panel.

2.2 Scope of Work - Requirements

2.2.1 General Requirements

2.2.1.1 Excavation: The excavation locations will be laid out by MES staff. There are four locations to which the contractor will be responsible for excavating at each site:

2.2.1.1.1 Tower base: 3’ x 3’ to a depth of 4’

2.2.1.1.2 Rain gauge base: 14” x 14” to a depth of 30”

2.2.1.1.3 Solar/electric base: 3.25’ x 1’ to a depth of 30”

2.2.1.1.4 Soil pit: 24” x 18” to a depth of 40”. MES will be on site during excavation to install soil sensors in the soil pit. This should take approximately 30 minutes, then the contractor can backfill and compact the soil pit.

2.2.1.1.5 Excavation needs to be performed mechanically (such as by a mini excavator, auger) and not manually. Hand digging shall not be permitted except for small portions of work that cannot be accessed by other means.

2.2.1.1.6 Excavated materials shall be taken off site by the contractor or will be graded around the site location. MES will tell the contractor what is required by the landowner.If left on site, the spoils must be covered with hay and seed.

2.2.1.2 Conduit: conduit will be run in three directions: 1) rain gauge base to tower base, 2) solar/electric base to tower base, 3) soil pit to tower base

2.2.1.2.1 Trenches shall be at a depth of 18”

2.2.1.2.2 Conduit will be 1.5” PVC and right-angle pieces will be set inside the concrete forms

2.2.1.3 Concrete

2.2.1.3.1 All three (3) bases will be filled with 4000 PSI (minimum) concrete with and be level.

2.2.1.3.1.1 MES will provide bolts, anchors, and templates for the “tower base” and “rain gauge base” embeds that will be set into the concrete. The contractor is to set the embeds and ensure they will be level (max 1 degree of error) after the concrete cures.

2.2.1.3.1.2 The contractor will be responsible for h-frame construction (Appendix C), which will be set into the “solar/electric base” concrete and ensure it remains level (max 1 degree of error) while the concrete cures.

2.2.1.3.2 The contractor shall use 2” x 6” lumber to create forms around each base prior to pouring concrete.

2.2.1.3.1 See Appendix B for concrete form dimensions and layout.

2.2.1.3.2 Industry standards must be used to ensure that concrete forms do not float.

2.2.1.3.3 The “tower base” and h-frame must point south. See Appendix A.

2.2.1.4 H-Frame build: The contractor shall be responsible for the procurement of materials and the construction of an H-frame that will hold a solar panel and water-proof enclosure. A full list of required materials and instructions on the build can be found in Appendix C.

2.2.1.5 Chain-link Fencing: The contractor shall be responsible for installing a 4’ high chain-link around the 33’ x 33’ perimeter (1,089 ft) with a 10-12’ wide double gate.

2.2.1.4.1 Industry standards must be used to ensure that fencing is level, stable, straight, and secure.

2.2.1.4.2 **NOTE**: Not every site will require a fence. MES will let the contractor know which sites need fencing.

2.2.1.6 Site Cleanup: MES will communicate with the landowner to decide how they want the site to be left once work is completed. Options will include leaving the site as-is, removing all soil material from the site, grading the soil around the site, as well as laying down seed and hay at the site. The contractor will be responsible for ensuring the site is left as the landowner requests.

2.2.1.7 Work Schedule: Weather permitting, the contractor will complete the excavation and concrete within 3 business days of beginning excavation. If fencing is required at the location, then another 2 business days to complete work after concrete is poured is acceptable. All scheduling will be coordinated with the MES contract manager.

2.3 Minimum Qualifications

The Offeror must provide proof with its Proposal that the following Minimum Qualifications have been met:

2.3.1 The Offeror shall have ten (10) years of experience in pouring concrete and setting forms. As proof of meeting this requirement, the Offeror shall provide with its Proposal five (5) or more examples of previous projects where concrete was poured to desired specifications. These examples only need to be a few sentences with pictures provided, if possible. These projects should collectively attest to the Offeror’s required years of experience.

2.3.2 The Offeror shall be licensed in the State of Maryland as a construction firm. As proof of meeting this requirement, the Offeror shall provide with its Proposal a current state license or license number.

2.4 Invoicing

2.4.1 General

(a) All invoices for services shall be signed by the Contractor and submitted to the Contract Project Manager.

All invoices shall include the following information:

• Contractor name;

• Remittance address;

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number);

• Invoice period;

• Invoice date;

• Invoice number

• MES assigned Contract number;

• MES assigned Purchase Order number(s);

• Task/Item #

• Goods or services provided; and

• Amount due.

Invoices submitted without the required information cannot be processed for payment until the Contractor provides the required information.

(b) MES reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide MES with all required deliverables within the time frame specified in the Contract or in the event that the Contractor otherwise materially breaches the terms and conditions of t h e Contract until such time as the Contractor brings itself into full compliance with the Contract.

2.4.2 Invoice Submission Schedule

MES will accept receipt of invoices on a monthly basis for review and approval of the work completed at that time. Invoices are due by the 15th of the month following the end of the month in which services were performed. Invoices will be paid only up to the firm Not-to-Exceed Amount listed on the Price Proposal Form (See Attachment F-1)

2.5 Liquidated Damages

2.5.1 In accordance with the terms of this Solicitation, the Maryland Environmental Service (the “Service”) reserves the right to assess liquidated damages for any task-based assignments issued under this contract and any subsequent renewals. The amount of liquidated damages will be determined by the Service on a case-by-case basis, taking into consideration factors such as:

• The location of the task;

• The total dollar value of the task;

• The duration of the task; and

• The specific operational or project requirements associated with the assignment.

This list is illustrative and not exhaustive; additional factors may be considered at the Service’s discretion.

Liquidated damages assessed for any individual task shall not be subject to a cap or limitation and may equal or exceed the total value of the task, depending on the circumstances. The Service’s issuance of partial or final payment shall not be construed as a waiver of its right to assess or recover liquidated damages.

2.6 MBE Reports

2.6.1 If this solicitation includes a MBE Goal, the Contractor and its MBE subcontractors shall provide the following MBE Monthly Reports based upon the commitment to the goal:

• Attachment G, the Prime Contractor Paid/Unpaid MBE Invoice Report by the 15th of the month following the reporting period to the Contract Manager and the MBE Liaison Officer.

• Attachment H, the MBE Subcontractor/ Contractor Unpaid MBE Invoice Report by the 15th of the month following the reporting period to the Contract Monitor and the MBE Liaison Officer.

• Attachment I, the MBE Prime Contractor report by the 15th of the month following the reporting period to the Contract Monitor and the MBE Liaison Officer.

SECTION 3 – PROPOSAL FORMAT

3.1 Two Part Submission

Offerors shall submit Proposals in separate volumes:

Volume I – TECHNICAL PROPOSAL Volume II – PRICE PROPOSAL

3.2 Proposals

3.2.1 Volume I – Technical Proposal, and Volume II – Price Proposal shall be submitted on the MES Procurement Portal (Bonfire) https://menv.bonfirehub.com/, see the Requested Information section.

3.3 Delivery

3.3.1 MES accepts only Electronic Proposals through the MES Procurement Portal (Bonfire) https://menv.bonfirehub.com/. Volume I & II should be uploaded separately. See the Requested Information section on the MES Procurement Portal (Bonfire).

Proposals will not be accepted on the MES Procurement Portal (Bonfire) after the RFP closing date.

3.4 Volume I – Technical Proposal

Offerors shall submit electronic copies of the required documents as specified below. Proposals shall be clearly titled.

SECTION 1 Cover Letter SECTION 2 Background, Minimum Qualifications and Experience SECTION 3 Scope of Work SECTION 4 Provide References (See Attachment E-1.1 & E-1.2) SECTION 5 Required Forms:

MBE Utilization & Fair Solicitation Affidavit & MBE Participation Schedule (See Attachment A) Bid/Proposal Affidavit (See Attachment B-1) Conflict of Interest Statement (See Attachment D-1) Contractors Qualification Questionnaire (See Attachment CQ-1) List of Subcontractors (See Attachment LS-1) Equipment List (See Attachment EL-1) Certification of Investment Activities in Iran (See Attachment H-1) Certification Regarding Discriminatory Boycotts of Israel (See Attachment K-1) Copy of Current State of MD License/Certification of Good Standing

SECTION 1 - COVER LETTER: (2-5 paragraphs)

Offerors shall include a cover letter signed by a party authorized to sign binding agreements on behalf of the Offeror.

The cover letter should provide a high level overview of the key components of the submittal. The letter shall clearly indicate that the Offeror has carefully read all the requirements in the RFP, and indicate whether the Offeror takes any exceptions to the requirements.

SECTION 2 - MINIMUM QUALIFICATIONS AND EXPERIENCE:

This section of the proposal is designed to establish the Offeror as an entity with the ability and experience to fill the requirements specified in the solicitation. The Offeror’s background should be concise and clear, and include descriptive information regarding the service delivery. The following information shall clearly provide and submit any Minimum Qualifications documentation that may be required, as set forth in Section 2― Minimum Qualifications.

SECTION 3 - SCOPE OF WORK:

All proposals shall include a detailed description of the services to be rendered, including, but not limited to a written general understanding and any deviations to the requirements outlined in the Scope/Statement of Work contained herein.

• Shall acknowledge the scope of work in Section 2.2 and address how much concrete will be used, what equipment will be used, and how many laborers will be used

• Shall give an estimate of how many days will be needed to excavate, pour concrete, and construct a fence

• Shall provide an explanation of the warranty for workmanship and materials.

SECTION 4 – REFERENCES AND EXAMPLE PROJECTS:

References shall be submitted in References Section (See Attachment E-1.1). Photos can be included in Attachment E-

1.1 or attached at the end of the proposal.

SECTION 5 - REQUIRED FORMS:

Provide all forms as outlined above.

3.5 Volume II – Price Proposal

Offerors shall submit electronic copies of the required documents as specified below. Proposals shall be clearly titled.

SECTION 1 Price Proposal (See Attachment F-1) SECTION 2 Required Forms:

Bid Bond (See Attachment J-2) Example of Insurance Certificate Acknowledgement Requirements

Financial Capability will be requested by the Apparent Awardee

SECTION 1 –PRICE PROPOSAL – ATTACHMENT F-1

The Price Proposal should contain all price information in the format specified in Attachment F-1.

Prospective Offerors-Conditioning the Price Proposal From will deem your proposal non-responsive and not be accepted. COMAR 21.05.02.22

SECTION 2 -REQUIRED FORMS:

Provide all forms as outlined above.

FINANCIAL CAPABILITY:

An Offeror must include in its Proposal a commonly-accepted method to prove its fiscal integrity. The Offeror shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred).

In addition, the Offeror may supplement its response to this Section by including one or more of the following with its response:

• Dunn and Bradstreet Rating;

• Standard and Poor’s Rating;

• Lines of credit;

• Evidence of a successful financial track record; and

• Evidence of adequate working capital.

SECTION 4 – EVALUATION COMMITTEE, CRITERIA, SELECTION AND

AWARD PROCEDURE

4.1 Evaluation Committee/Selection/Award

4.1.1 EVALUATION COMMITTEE –

An evaluation committee, selected by MES, will review and evaluate all proposals. The Committee will conduct its evaluation of the merits of the responsive proposals. Each member will score this phase of the evaluation in accordance with the following:

EVALUATION CRITERIA

A. Firm’s Background & Experience Firm’s background and experience with specific examples of completed concrete pours, slabs, and foundations.

B. References Responses to references provided as part of this solicitation on the attached form E-1.1

C. Past Project Examples Five past project summaries on attached form E-1.1;

Photos can be included in E-1.1 or included at the end of the proposal.

D. MBE Participation A minimum of 5% MBE sub-contracting is recommended 10

E. Quality of Proposal Firm’s overall quality, completeness, organization, compliance, and responsiveness of the proposal.

F. Pricing

Price Proposal – Attachment F-1 made part of Volume II 20

Total Points Possible 100

The Contract shall be awarded to the responsible Offeror(s) submitting the Proposal that has been determined to be the most advantageous to MES, considering price and evaluation factors set forth in this RFP and for providing the goods and services as specified in this RFP

Offerors may be…