1-1-26-5-18-8 Solicitation.pdf

Request for Proposals (RFP)

PROJECT ID No. 1-26-5-18-8

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery

Cox Creek DMCF 1000 Kembo Road

Curtis Bay, MD 21226

ANNE ARUNDEL COUNTY, MD

Issue Date: February 20, 2026 Due Date: March 20, 2026 at 2:00PM

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.

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery

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: COX CREEK DMCF CAPACITY RECOVERY Solicitation No: 1-26-5-18-8

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: Title

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery

Solicitation Number: RFP # 1-26-5-18-8

RFP Issue Date: February 20, 2026

RFP Issuing Office: Maryland Environmental Service

Procurement Officer: Benjamin A. Trego 259 Najoles Road Millersville, MD 21108 Phone: 410-729-8512 Fax: 410-729-8280 e-mail:procurement@menv .com

Contract Project Manager:

Proposals are to be sent to:

Pre-Proposal Conference:

Site Visit:

Questions Due:

Closing Date and Time:

MBE Goal:

Bill Buszinski wbuszinski@menv.com

Do not contact the Project Manager during the procurement process.

MES Procurement Portal

February 27, 2026 at 10:00AM

March 3, 2026 at 10:00AM

March 6, 2026 at 2:00PM

March 20, 2026 at 2:00PM

YES

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery 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 ..........................................................................................................6-7

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 Prevailing Wages

1.29 Minority Business Enterprise Goals ..............................................................................11-14

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 ................................................................................. 16-18

2.3 Minimum Qualifications

2.4 Invoicing

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 ................................................................................. 21-22

3.5 Volume II – Price Proposal........................................................................................ 22-23

SECTION 4 – EVALUATION COMMITTEE, CRITERIA, SELECTION AND AWARD

PROCEDURE

4.1 Evaluation Committee ................................................................................................24-25

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 (Service or MES) is issuing this Request for Proposals (RFP) to recover as close to Fifty-Thousand Cubic Yards (50,000 CY) of dredged material as possible from within the Cox Creek Dredge Material Containment Facility (CC DMCF). A Staging and Material Dewatering Area can utilize the North-South Cross Dike (NSCD) at the CC DMCF and must result in material that is sufficiently dewatered to pass a (Method 9095B) Paint Filter Liquids Test. MES, or their subcontractor, shall load and haul material off-site after it has been dewatered. The total cost of the Base Project, non-inclusive of Contingent Items, shall not exceed Four Million Dollars ($4,000,000).

1.1.2 It is MES’s intention to obtain construction services, as specified in this RFP, from a Contract between the selected Successful Offeror and MES. The anticipated duration of construction services to be provided under this Contract is two hundred and fifty (250) Calendar Days with an Option to extend the Contract by an additional three hundred and sixty-five (365) Calendar Days to allow for an additional One Hundred Thousand Cubic Yards (100,000 CY) of dredged material recovery and dewatering.

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 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 will be two hundred and fifty (250) Calendar Days from the date of the NTP for 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:

Benjamin A. Trego Jr. Procurement Administrator 259 Najoles Road Millersville, MD 21108 Phone Number: 410-729-8512 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:

Bill Buszinski, Engineering Section Chief

MES may change the Project Contract Monitor at any time.

1.6 Pre-Proposal Conference and Site Visit

A Pre-Proposal Conference (the Conference) will be held at the date, time, and location indicated on the RFP Key Information Summary Sheet (near the beginning of the solicitation, after the Title Page and Notice to Vendors). All prospective Offerors are encouraged to attend in order to facilitate better preparation of their Proposals.

A Pre-Proposal Conference (the Conference) will be held on February 27, 2026 beginning at 10:00 AM Local Time, through an online Microsoft Teams meeting. This can be accessed using the following LINK. All prospective Offerors are encouraged to attend in order to facilitate better preparation of their Proposals.

A Site Visit will be held on March 3, 2026 beginning at 10:00AM Local Time, at Cox Creek DMCF, 1000 Kembo Road, Curtis Bay, Maryland 21226. All prospective Offerors are encouraged to attend in order to facilitate better preparation of their Proposals.

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.

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery mailto:procurement@menv.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDJhNTUwOTAtMzc0MC00NjYxLTkxY2EtNjE5ZDY3MTJmNTcz%40thread.v2/0?context=%7b%22Tid%22%3a%224c44e1cf-7dae-454f-a18f-c18a6a12f9d7%22%2c%22Oid%22%3a%2214347231-4f8b-4f47-950d-fb0cb952e61c%22%7d https://emma.maryland.gov/

1.8 Questions

Questions to the Procurement Officer shall be accepted though MES Procurement Portal in a timely manner prior to the Proposal due date. Questions are requested to be submitted at least fourteen (14) 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.

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. 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.

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery https://menv.bonfirehub.com/portal https://menv.bonfirehub.com/portal https://menv.bonfirehub.com/portal 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/

1.13 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.

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. 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.

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery

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 insurance requirements as outlined in the Supplemental General Conditions to MES Project No. 1-26-5-18-8.

1.28 Prevailing Wages

This project will be subjected to the prevailing wage requirements.

1.29 Minority Business Enterprise Goals

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

Notwithstanding any subgoals established above, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from any/all of the various MBE classifications to meet the remainder of the overall MBE participation goal.

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery http://dat.maryland.gov/Pages/default.aspx

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 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.

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery http://www.dsd.state.md.us/comar/comarhtml/21/21.11.03.10.htm https://marylandmdbe.mdbecert.com/

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)

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

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery 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 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 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

1.31 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.

Cox Creek Dredged Material Containment Facility (DMCF) Capacity Recovery http://www.dsd.state.md.us/comar/comarhtml/21/21.05.08.08.htm

1.32 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.

1.33 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).

1.34 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.

SECTION 2 – SCOPE OF WORK

2.1 Background and Purpose

MES is seeking a qualified Contractor to propose solutions for recovering as close to Fifty-Thousand Cubic Yards (50,000 CY) of dredged material from the Cox Creek Dredged Material Containment Facility (Cox Creek DMCF) within the specified timeframe (below). The proposed solutions can utilize the North- South Cross Dike (NSCD) and must result in material that is sufficiently dewatered to pass a (Method 9095B) Paint Filter Liquids Test. The total cost of the Base Project, not inclusive of the Contingent items, shall not exceed Four Million Dollars ($4,000,000).

The goals of the Cox Creek DMCF Capacity Recovery Project are:

(1) Preparation of North-South Cross Dike as Staging and Material Dewatering Area.

(2) Removal/dredging as close to 50,000 cubic yards of material from the Cox Creek DMCF waterside cell (see

Contract Drawings) within 180 Calendar Days of NTP being issued.

(3) Dewatering, handling, and stockpiling the material at the staging location as needed.

(4) MES, or their subcontractor, will load and transport the material, once sufficiently dry, to offsite stockpile areas.

a. Depending on the quantity of material recovered, MES anticipates removing material multiple times from the Staging and Material Dewatering Area.

(5) If Contingent Items C201 and C202 are awarded, the Contractor shall continue with the removal/dredging and dewatering of an additional 100,000 CY of material during an additional three-hundred and sixty-five

(365) Calendar Day period.

(6) Restoration of disturbed areas.

The Contractor is responsible for all permitting and approvals necessary for any work not included in the provided Contract Documents.

2.2 Scope of Work - Requirements

2.2.1 LOCATION

2.1.1.1 The removal/dredging work shall be performed in the waterside cell of the Cox Creek DMCF as shown on the Contract Drawings.

2.1.1.2 The available Staging and Material Dewatering Area is in the designated location on the NSCD as shown in the Contract Drawings.

2.2.2 SCOPE OF WORK

2.2.2.1 All work shall conform to the Contract Documents, Scope of Work, the Technical Specifications, the Contract Drawings, the Special Provisions, the Cox Creek DMCF Standards and Procedures for Placement of Dredged Material 2023 and as directed by MES.

2.2.2.2 The work to be completed under this contract consists of the furnishing of all materials and equipment and the performing of all labor to remove and dewater as close to Fifty-Thousand Cubic Yards (50,000 CY) of Dredged Material for a total cost not to exceed Four Million Dollars ($4,000,000).

2.2.2.3 All dredging and removal work MUST be completed 180 Calendar Days from NTP. All dewatering and material processing must be complete by 250 Calendar Days from NTP.

2.2.2.4 Dewatering can be performed by dewatering sediment within geotextile tubes with addition of MDE approved polymers, additives, and/or flocculants to assist dewatering; or mechanically dewatered on site to include but not limited to centrifuges, belt presses, cyclones, or similar equipment.

2.2.2.5 No work may begin without having a SERVICE-accepted Health and Safety Plan (HASP). The HASP must be submitted for review and acceptance by the SERVICE a minimum of fourteen (14) days from the Notice of Intent to Award.

2.2.2.6 The CONTRACTOR shall provide access to floating equipment for the SERVICE inspectors and engineers.

2.2.3 SCHEDULE OF WORK

2.2.3.1 Within fourteen (14) calendar days after Contract execution the CONTRACTOR shall submit a schedule indicating the time allocated by the CONTRACTOR for the performance of each portion of the Work, the submittal information required, the dollar value of each work item (dollar loading) properly and reasonably sequenced, and the CONTRACTOR’s labor requirements (labor loading) for achieving each task shown on the schedule. The schedule shall show the completion of the work within the Contract time. The SERVICE may decline to issue a Notice to Proceed until the CONTRACTOR has submitted the required schedule, and it is approved by the SERVICE. Nothing in this section shall be construed to require The SERVICE to issue Notice to Proceed until the required schedule has been submitted and approved.

2.2.3.2 The work schedule shall indicate the starting and finishing dates of all activities. The Contractor shall adhere to this work schedule with adjustments as approved by the Service.

2.2.3.3 The CONTRACTOR may perform work up to 24 hours per day, 7 days a week. The CONTRACTOR must include proposed work hours and days for dredging, offloading, and dewatering in the Project Construction Schedule. The CONTRACTOR is required to coordinate their schedule with the SERVICE prior to the start of construction and coordinate any changes in scheduled hours.

2.2.3.4 Once the Project Construction Schedule is approved by the SERVICE, any changes to the proposed work hours and days must be submitted to the SERVICE for approval at least seven (7) calendar days in advance.

2.2.3.5 All Staging and Material Dewatering Area preparatory work and removal/dredging work required under this project shall be completed within 180 Calendar Days of NTP. All dewatering shall be completed within 250 Calendar Days of NTP.

2.2.3.6 If Contingent Items C201 and C202 are awarded, the Contract term shall be extended an additional three hundred and sixty-five (365) calendar days.

2.2.4 COMMENCEMENT, PROSECUTION & COMPLETION OF WORK

2.2.4.1 The CONTRACTOR shall commence work under this contract within fourteen (14) calendar days after the date provided in the Notice to Proceed (NTP) issued by the SERVICE. The CONTRACTOR shall also prosecute said work diligently and complete the entire work ready for use no later than two hundred and fifty (250) calendar days after the date provided to them in the NTP.

2.2.4.2 If an extension is granted beyond the two hundred and fifty (250) calendar days for performance, any additional mobilization and demobilization costs or remobilization and subsequent demobilization shall be the responsibility of the CONTRACTOR.

2.2.4.3 The SERVICE anticipates issuing NTP in April 2026.

2.2.5 WORK RESTRICTIONS

2.2.5.1 During the period of work, it is necessary that existing facilities now being used by others continue in operation while the Work progresses. The CONTRACTOR is alerted to the fact that other construction, inflow, or on-site operation contracts may be underway in the vicinity of and/or at the site while work on the Contract is ongoing.

2.2.5.2 If the CONTRACTOR stops work for reasons other than inclement weather, then CONTRACTOR shall notify the SERVICE immediately and notify the SERVICE a minimum of 24 hours prior to the resumption of Work.

2.2.6 SAFETY BRIEFING

2.2.6.1 A Safety Briefing will be held by the SERVICE at the Cox Creek DMCF Operations and Maintenance Building on the starting date before the CONTRACTOR is allowed to begin work on the site. The CONTRACTOR is responsible for the safety operations and execution of the CONTRACTOR’s work on this project. Attendance at the Safety Briefing does not excuse the CONTRACTOR from the

CONTRACTOR’s safety responsibilities as required in the contract Special Provisions.

2.2.6.2 All CONTRACTOR’s employees and subcontractors scheduled to work on the project site for more than one (1) day must attend the SERVICE Safety Briefing. Subsequent Safety Briefings can be arranged if necessary.

2.2.7 PROGRESS REPORTS

2.2.7.1 The CONTRACTOR shall record its progress in daily construction logs. The report shall include information including, but not limited to, site conditions, personnel, activities by Prime CONTRACTOR, activities by Subcontractor(s), tests and inspections, materials and equipment delivered, equipment maintenance and repair logs, meetings and meeting logs, photos, and other remarks.

2.2.7.2 The CONTRACTOR shall electronically submit Daily Progress reports to the SERVICE on daily basis.

Reports should be submitted by 11:00 AM on the following workday.

2.2.7.3 Should the CONTRACTOR fail to submit acceptable progress reports, the SERVICE may delay payment processing until all progress reports that fall within the respective billing period have been received by the

SERVICE.

2.2.8 PAYMENT

2.2.8.1 Invoices shall be submitted with a summary of work items or tasks that were completed during the billing period of the respective invoice. All daily progress reports and Construction Progress Schedules for the billing period must have been received by the SERVICE (see Section 01 32 00 “Construction Progress Documentation”).

2.2.8.2 The SERVICE will NOT pay for material placed outside the placement limits or work not in accordance with the Contract Drawings and Specifications.

2.2.9 SUBCONTRACTORS PROMPT PAYMENT

2.2.9.1 This Contract is subject to the provisions of COMAR 21.10.08. The CONTRACTOR shall promptly pay a subcontractor and any undisputed amount to which the subcontractor is entitled for work under a State procurement contract for construction within 10 days of receiving a progress or final payment from the State. In the event the CONTRACTOR fails to pay promptly, subcontractors may request remedy in accordance with COMAR 21.10.08. In each subcontract under this Contract, the CONTRACTOR shall include a clause that contains substantially the same provisions as this clause.

2.2.10 CONTRACT DRAWINGS

2.2.10.1 The Contract Drawings dated November 26, 2025, which accompany and form a part of the Contract Documents, bear the general title:

COX CREEK DREDGED MATERIAL CONTAINMENT FACILITY (DMCF) CAPACITY RECOVERY

PROJECT

Project ID No. 1-26-5-18-8 and are separately numbered and titled as follows:

Drawing Title

G-1 TITLE SHEET

G-2 GENERAL NOTES, LEGEND AND ABBREVIATIONS

EX-1 EXISTING CONDITIONS – SITE PLAN AND DREDGING AREA

EX-2 EXISTING CONDITIONS – STAGING AND MATERIAL DEWATERING AREA

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 successfully completed a minimum of three (3) dredging and dewatering projects in the past five (5) years (either as a standalone project or as part of a larger project), with at least one project consisting of dredging and dewatering of a minimum of twenty-five thousand cubic yards (25,000 CY) of sediment. As proof of meeting this requirement, the Offeror shall provide with its Proposal a summary of each of the three (3) projects that includes, at a minimum:

• Project Name

• Project Location

• Contract Sum

• Date of Project Completion (Anticipated Project Completion Date is acceptable if project is at least

75% complete in terms of material dredged and dewatered)

• Contractors Role and Responsibilities

• Quantity of Material Dredged and Dewatered

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 Labor Amount and Not-to-Exceed Expenses Amount quoted in sections A and B of the Price Proposal Form (See Attachment F-1)

2.5 Liquidated Damages

2.5.1 The Contractor shall be subject to liquidated damages which shall be assessed as follows but not concurrently: The amount of $3,000.00 per calendar day shall be charged for each day the work remains uncompleted.

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 https://menv.bonfirehub.com/.

Volume I & II should be uploaded separately. See the Requested Information section on the MES Procurement Portal.

Proposals will not…