2-1-26-2-19-5 Solicitation ONLY.pdf

CAMP FRETTERD WATER MAIN REPLACEMENT PROJECT

BALTIMORE COUNTY, MD

Project ID No. 1-26-2-19-5

Rev. 6/2015

SOLICITATION / TECHNICAL

SPECIFICATIONS / ATTACHMENTS /

DRAWINGS DOCUMENTS ONLY

THE PRICING DOCUMENTS ARE NOT

INCLUDED IN THIS FILE

NOTICE

To ensure receipt of any changes or additional materials related to this Invitation for Bids, Prospective Bidders having received this solicitation from a source other than the Procurement Office of the Maryland Environmental Service should go to the MES Website to the MES Procurement Portal (Bonfire) and download the full solicitation or contact the Procurement Office at procurement@menv.com and provide the following:

Company Name Street Address

Name of their primary contact for this IFB Person’s phone number, Fax number and E-mail https://menv.com/procurement/ mailto:procurement@menv.com

INVITATION FOR BIDS

PROJECT ID No. 1-26-2-19-5

CAMP FRETTERD WATER MAIN REPLACEMENT PROJECT

BALTIMORE COUNTY, MD

Issued By:

Procurement Division

Maryland Environmental Service 259 Najoles Road

Millersville, MD 21108

Issue Date: 11/18/2025

Minority Business Enterprises Are Encouraged to Respond to this Solicitation

TABLE OF CONTENTS

PROJECT ID No. 1-26-2-19-5

Notice to Bidders

Liquidated Damage MBE Provision

Instructions for Submitting Bids/Proposals

Instructions to Bidders

Contract Documents (to be submitted by Successful Bidder) ♦ Contract Affidavit ♦ Minority Business Enterprise Compliance Forms “B”, “C”, “F”, “G”, “H”, & “I” ♦ Attachment P- Prime Contractor List of All Subcontractors Anticipated/Used During

Contract ♦ Minority Business Enterprise Subcontractor Agreement ♦ Performance Bond Form ♦ Payment Bond Form

Technical Specifications Pages 58-187

MBE, VSBE, SBR Research Factors Pages 188-189

Prevailing Wage Requirements Pages 190-196

Sample Construction Agreement

General Conditions

Notice to Vendors/Contractors

In a separate file (1-26-2-19-5 Bidding Documents.pdf). All documents listed below to be completed and returned with bid response.

♦ Construction Bid Form ♦ Conflict of Interest Form ♦ Bid/Proposal Affidavit ♦ Bid Bond Form ♦ MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (MBE Attachment A) ♦ Waiver Guidance (MBE Attachment A) ♦ Contractors Qualification Questionnaire ♦ List of Subcontractors ♦ Equipment List ♦ Investment Activities in Iran Certification Form ♦ Certification Regarding Discriminatory Boycotts of Israel

In a separate file (1-26-2-19-5 Forest Conservation Plan Drawings.pdf) In a separate file (1-26-2-19-5 Camp Fretterd Waterline E&S Drawings.pdf) in a seperate file (1-26-2-19-5 Camp Fretterd Water Main Drawings.pdf)

November 18, 2025

INVITATION FOR BIDS

CAMP FRETTERD WATER MAIN REPLACEMENT PROJECT

BALTIMORE COUNTY, MD

PROJECT ID No. 1-26-2-19-5

BID DUE DATE: December 19, 2025

BID CLOSING TIME: 1:00 PM

TO ALL PROSPECTIVE BIDDERS:

PURPOSE: The Maryland Environmental Service is soliciting competitive sealed bids from qualified Contractors to provide the construction of a new replacement water distribution system located at the Camp Fretterd Military Reservation located at 5405 Rue Saint Lo Drive in Reisterstown, Maryland 21136.

NOTE: MES will only accept Electronic Bids on MES Procurement Portal (https://menv.bonfirehub.com/). Mailed, Emailed, Faxed, or Hand Delivered (paper) bids will not be accepted. Requested Information on the MES Procurement Portal must be submitted on or before the bid due date, Submission option will not be available after the bid due date. Bidders may follow-up with the procurement department procurement@menv.com to determine if their Bids were received on time.

Conditioning a bid or proposal or any other MES solicitation or bidding document will deem your bid or proposal non-responsive and not be accepted COMAR 21.05.02.22.

Bids will be opened electronically in public at the date and time specified in the solicitation.

Bidders can attend the bid opening through the shared link provided in this solicitation.

The Bid Tabulation shall be posted on MES Procurement Portal within 48 hours from the bid opening.

https://menv.bonfirehub.com/ https://menv.bonfirehub.com/ https://menv.bonfirehub.com/

BONDING REQUIREMENTS: When the base bid is in excess of one hundred thousand dollars ($100,000) each bidder shall furnish bid security in an amount not less than 5% of the base bid.

For all contracts in excess of one hundred thousand dollars ($100,000) the successful bidder shall also be required to furnish a performance bond and a payment bond, each in 100% of the value of the contract.

Original Hard Copy of the Bid Bond is required. Please mail or hand deliver the Bid Bond to MES Headquarter in Millersville, MD. Also attach an electronic copy of the bid bond with the bid submission.

Note: A bid bond is considered executed when it is properly signed by both the principal (the bidder) and the surety (the bonding company) and submitted along with the bid proposal.

PREVAILING WAGE: Work for this project will be subject to the prevailing wage rates when the base bid is in excess of two hundred and fifty thousand dollars ($250,000).

LIQUIDATED DAMAGES: Liquidated damages in the amount of $1839.00 will be assessed for each calendar day in excess of the days given in the time for performance.

TIME FOR PERFORMANCE: If the undersigned is notified by the Maryland Environmental Service of the acceptance of this Bid within ninety (90) days of the date of bid opening, the undersigned agrees to execute a contract for the above sum and to guarantee the completion of work required under the Base Bid within Three Hundred Sixty Five (365) Consecutive Calendar Days from the Notice to Proceed (NTP) including weekends and holidays.

MBE SUBCONTRACT PARTICIPATION: It is the stated policy of the Maryland Environmental Service to encourage Minority Business Enterprise (MBE) participation on all State contracts where there is the opportunity to do so. To that end, and as authorized by Code of Maryland Regulations (COMAR) 21.11.03, an overall MBE subcontract participation goal of Thirteen percent (13%) of the total amount of the bid has been established for this procurement. Prospective bidders may search the Maryland Department of Transportation (MDOT) MBE Directory online for certified Minority Business Enterprises by accessing the MES website at https://marylandmdbe.mdbecert.com/. All bidders must return completed and signed MBE Attachment A (Certified MBE Utilization and Fair Solicitation Affidavit) with their bid responses. Bid responses submitted without the MBE Utilization and Fair Solicitation Affidavit (MBE Attachment A) may be rejected.

After contract execution, the MES MBE Liaison Officer may choose to convene a Compliance Meeting with the prime contractor and any MBE subcontractors in attendance. The Compliance Meeting is not measurable for payment. Bidders shall include any costs for participation at such a meeting in their bids.

https://marylandmdbe.mdbecert.com/

SITE VISIT: A site visit has been scheduled for November 26, 2025 at 9:00 AM, within the confines of 5405 Rue Saint Lo Drive in Reisterstown, Maryland 21136. The purpose of the Site Visit is to allow potential Bidders the opportunity to familiarize themselves with the work. Bidders are solely responsible for becoming acquainted with the documents and site conditions prior to submitting a bid.

MES HIGHLY ENCOURAGES POTENTIAL BIDDERS TO BE PRESENT AT THE SITE VISIT.

PRE-BID CONFERENCE: An Online Pre-Bid Conference meeting has been scheduled for November 25, 2025 at 9:00 AM, Click this MS Teams Link to join the meeting. The purpose of the Pre-Bid Conference is to allow potential Bidders the opportunity to familiarize themselves with the work. Bidders are solely responsible for becoming acquainted with the documents and site conditions prior to submitting a bid. MES HIGHLY ENCOURAGES POTENTIAL BIDDERS TO

BE PRESENT AT THE SITE VISIT.

DEADLINE FOR BID SUBMISSION: Maryland Environmental Service will receive electronic bids at MES Procurement Portal until 1:00 PM on December 19, 2025.

Bids shall be opened electronically in public; The link to attend the bid opening is available on the MES Procurement Portal. Bidders are solely responsible for the timely receipt of their electronic bids. Late bids will not be accepted. Mailed, Emailed, Faxed and Hand Delivered bids will not be accepted.

The right is reserved, as the interest of the Maryland Environmental Service may appear, to reject any items of any Bid.

OBTAINING SOLICITATION DOCUMENTS: Solicitation documents can be obtained by going to MES Procurement Portal.

QUESTIONS/REQUESTS FOR CLARIFICATION: Bidders having questions and inquiries regarding either the technical or the procurement sections of the bid documents shall be sent though MES Procurement Portal. Failure to follow these instructions may result in a delayed response to bidder inquiries. The deadline for questions to be received by the Procurement Office is December 5, 2025 by 1:00 PM. Questions received after this date may not receive a response per the Instructions to Bidders, page 2 of 15, Section 3.

Benjamin Trego

Jr. Procurement Administrator https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjdjZDA3ZjItMjMwMC00NzRkLThjMDgtODJlYTAxY2Q4OWE3%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://menv.bonfirehub.com/ https://menv.bonfirehub.com/ https://menv.bonfirehub.com/

MARYLAND ENVIRONMENTAL SERVICE

LIQUIDATED DAMAGES PROVISION FOR CONTRACTS CONTAINING

MINORITY BUSINESS ENTERPRISE PARTICIPATION GOALS

This contract requires the contractor to make good faith efforts to comply with the Minority Business Enterprise (“MBE”) Program and contract provisions. The Service and the Contractor acknowledge and agree that the Service will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and MBE contract provisions. The parties further acknowledge and agree that the damages the Service might reasonably be anticipated to accrue as a result of such lack of compliance are difficult to ascertain with precision.

Therefore, upon a determination by the Service that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or contract provisions, the Contractor agrees to pay liquidated damages to the Service at the rates set forth below. The Contractor expressly agrees that the State may withhold payment on any invoices as a set-off against liquidated damages owed or may bring a separate action in the Courts of the State of Maryland to collect the amounts due. . The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the Service is anticipated to incur as a result of such violation and do not constitute a penalty.

a. Failure to submit each monthly payment report on the date due in full compliance with COMAR 21.11.03.13B (3): $25.23 per day until the monthly report is submitted as required.

b. Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): $90.77 per MBE subcontractor.

c. Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the contract.

d. Failure to meet the Contractor’s total MBE participation goal and sub-goal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

e. Failure to promptly pay all undisputed amounts to an MBE subcontractor in full compliance with the prompt payment provisions of this contract: $91.95 per day until the undisputed amount due to the MBE subcontractor is paid. [THIS PROVISION DOES

NOT APPLY TO CONTRACTS THAT ARE SUBJECT TO SECTION 15-226 OF THE

STATE FINANCE AND PROCUREMENT ARTICLE – CONSTRUCTION CONTRACTS

– PROMPT PAYMENT OF SUBCONTRACTORS].

Notwithstanding the use of liquidated damages, the Service reserves the right to terminate the contract and exercise all other rights and remedies provided in the contract or by law.”

Instructions for Submitting Bids/Proposals

The Bidder/Offeror shall follow these instructions when submitting a bid/proposal on this project.

Electronic Bids/Proposals

MES will only accept Electronic Bids on MES Procurement Portal (https://menv.bonfirehub.com/). Mailed, Emailed, Faxed, or Hand Delivered (paper) bids will not be accepted.

Bidders/Offerors are solely responsible for the timely receipt of their bids/proposals. Late Bids/Proposals will not be accepted.

Click this link to see the process of submitting a bid/proposal on MES Procurement Portal.

https://vendorsupport.gobonfire.com/hc/en-us/articles/6832869814551-Creating-and-Uploading-a-Submission-https://vendorsupport.gobonfire.com/hc/en-us/articles/6832869814551-Creating-and-Uploading-a-Submission-https://vendorsupport.gobonfire.com/hc/en-us/articles/6832869814551-Creating-and-Uploading-a-Submission-

CONSTRUCTION ITB

Revised June 2025

STATE OF MARYLAND - MARYLAND ENVIRONMENTAL

SERVICE INSTRUCTIONS TO BIDDERS

FOR

CONSTRUCTION PROJECTS

GENERAL INFORMATION

1. LICENSES, REGISTRATION AND QUALIFICATIONS

A. At or before the time of contract award the successful bidder must be licensed Maryland Annotated Code, Business Regulation Article, §17-601 et seq.

B. Each Bidder shall submit with their bid a completed Contractor Questionnaire to the Maryland Environmental Service, herein referred to as the Service.

C. The Service reserves the right to require that the contractor demonstrate that it has the skills, equipment and other resources to satisfactorily perform the nature and magnitude of work necessary to complete the project within the contract schedule.

D. When Municipal, County, State or Federal laws require that certain personnel (electricians, plumbers, etc.) be licensed, then all such personnel employed on the Work including subcontractors and their employees, shall be so licensed.

2. ADDENDA TO INVITATIONS FOR BIDS

Written addenda shall be sent to all prospective bidders who were sent an invitation for bids or who are known to have obtained the bidding documents. Addenda will be distributed within a reasonable time to allow bidders to consider them in preparing their bids. Additionally, in the event that the solicitation is made available electronically, addenda will be posted at the same Internet location as the original solicitation. It is the responsibility of the bidders to verify receipt of all addenda to the solicitation. Bidders may also confirm numbers and date of the addenda issued at the Maryland Environmental Service website, www.menv.com . Bidders must acknowledge receipt of all Addenda on the face of the bid form. Failure to acknowledge an amendment may render a bid non- responsive.

3. DISCREPANCIES AND CLARIFICATIONS

A. Should a bidder find discrepancies in the plans and/or specifications or should a bidder be in doubt as to the meaning or intent of any part thereof, he must not later than ten (10) working days prior to the bid opening, request clarification from the Service. The Service may then issue a written amendment. Requests shall include the contract number and project name and shall be directed to the address indicated in the Notice to Bidders. Failure to request such clarification is a waiver to any claim by the bidder for expenses made necessary by reason of later interpretation of the contract documents by the Service or the engineer.

http://www.menv.com/

B. Oral explanations or instructions will not be binding; only written Addenda are binding. Any Addenda resulting from these requests will be distributed as noted in paragraph two (2) above. The Service retains the right to issue no response to requests received after an established deadline. The Service always retains the right to issue no response to requests from potential bidders.

4. PUBLIC INFORMATION ACT

Bidders should give specific attention to the identification of those portions of their bids which they deem to be confidential, proprietary information or trade secrets and provide any justification of why such materials, upon request, should not be disclosed under the Maryland Public Information Act, Section 10-611 et.seq. of the State Government Article of the Annotated Code of Maryland.

5. CONTRACT CERTIFICATES AND AFFIDAVITS

The bidder shall review all certificates and affidavits called for in the contract documents; the bidder should be prepared to execute them, and if they cannot be truthfully executed, notify the Service.

6. ARREARAGES

By submitting a response to this solicitation, a bidder shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the contract.

7. PROHIBITION OF CERTAIN PROVISIONS

Maryland Environmental Service (“MES”) is a unit of the State of Maryland. MES is subject to the Maryland Annotated Code, State Finance and Procurement Article, Section 2-901, et seq., which prohibits certain provisions from being included in State contracts. Accordingly, by law, MES may not agree to or accept certain provisions in any contracts to which it is a party, including, but not limited to contracts that contain a provision:

• That requires MES to indemnify, defend, or hold harmless another person without an appropriation of State funds for that purpose.

• By which MES agrees to binding arbitration or any other binding extrajudicial dispute resolution process.

• That names a jurisdiction or venue for any action or dispute against MES other than a court of proper jurisdiction in the State of Maryland.

• That requires MES to agree to limit the liability for any direct loss to MES, as specified in the statute, or that would otherwise impose an indemnification obligation on MES.

• That requires MES to be bound by a term or condition that (1) is unknown to MES at the time of signing the contract; (2) may be unilaterally changed by the other party; or (3) is electronically accepted by an MES employee without authority.

• That requires a person other than the Attorney General of Maryland to serve as legal counsel for MES, except as allowed under current law.

• That is inconsistent with the State of Maryland’s Open Meetings Act or Public Information Act.

• That binds MES to pay unappropriated amounts or otherwise causes MES to incur unfunded liabilities, as specified under State law.

• For automatic renewal that obligates MES to allocate funding in subsequent fiscal years; or that limits

MES’s ability to recover the cost of a replacement contractor.

BID PACKAGE PREPARATION

1. BID DOCUMENTS

A. MES will only accept Electronic Bids on MES Procurement Portal (https://menv.bonfirehub.com/). Mailed, Emailed, Faxed, or Hand Delivered (paper) bids will not be accepted. Requested Information on the MES Procurement Portal must be submitted on or before the bid due date, Submission option will not be available after the bid due date. Bidders may follow-up with the procurement department procurement@menv.com to determine if their Bids were received on time

The following items, if provided elsewhere in the solicitation, must be fully executed and included in the bid:

(1) Bid Form

(2) Bid/Proposal Affidavit.

(3) Bid Security (if applicable)

(4) Contractors Qualification Questionnaire

(5) Equipment List

(6) List of Subcontractors

(7) Certified MBE Utilization and Fair Solicitation Affidavit (MBE Attachment

A) (if applicable)

(8) Investment Activities in Iran Certification Form https://menv.bonfirehub.com/

B. Use ink or a typewriter. Handwritten bids must be legible. Any erasures and/or alterations shall be initialed in ink by the signer.

C. All original documents must be signed in ink as follows:

- Individuals sign with full name.

- Partnerships: a member or members of the partnership with authority to bind the partnership.

- Corporations: an officer must sign, and be attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer attach a copy of the portion of the By-Laws or Board resolution, certified by the corporate secretary, showing the authority of the person so signing on behalf of the corporation.

2. BID FORM

A. The bidder shall complete as part of their pricing for the work specified on the enclosed bid form. Bids not submitted on the Bid Form provided by MES may be deemed non-responsive and may be rejected.

B. The base bid will include lump sum price work and unit price work with estimated quantities established by the Service and unit prices provided by the contractor to arrive at a base bid.

C. Unit Prices: Should the contractor be required to perform work over and above that required by contract documents, or should they be ordered to omit work required by contract documents, he will be paid an extra, or shall credit the Service as the case may be, on basis of unit prices quoted herein. Prices quoted shall be the same for "extra" work and for "credit" work and shall be the sum total compensation payable or creditable for such items of work, including all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc. to cover the finished work. Changes shall be accordance with the General Conditions, Paragraph 3.06.

D. The base bid shall be stated in dollars and cents, and in both words and figures. If there is a discrepancy between the written words and the figures, the written words shall govern.

3. BID/PROPOSAL AFFIDAVIT

The bidder shall complete as part of their bid package the Bid/Proposal Affidavit which contains the Anti-Bribery, Non-Collusion, Procurement, Financial Disclosure, Political Contribution Disclosure Affirmation, Drug and Alcohol Free Work Place, and Payment of Taxes.

4. BID SECURITY

A. When the base bid is in excess of $100,000, the bidder must furnish a bid bond issued by a surety company approved by the State with his construction Bid Form. The Bid Bond must be in an amount not less than five percent (5%) of the amount of the base bid and shall be submitted on a form provided by the Service.

B. Certified checks, cash, and other security set forth in COMAR 21.06.07.01 are acceptable in lieu of a Bid Bond, and subject to the same conditions.

C. Failure to provide sufficient bid security shall render the bid non-responsive;

bids received with insufficient bid security may be rejected.

D. Assistance in obtaining bid, performance and payment bonds may be available to qualifying small businesses through the Maryland Small Business Development Financing Authority (MSBDFA). MSBDFA can directly issue bid, performance or payment bonds up to $750,000. MSBDFA may also guaranty up to 90% of a surety's losses as a result of a contractor's breach of contract; MSBDFA's exposure on any bond guaranteed may not, however, exceed $900,000. Bonds issued directly by the program will remain in effect for the duration of the contract, and those surety bonds that are guaranteed by the program will remain in effect for the duration of the surety's exposure under the contract. To be eligible for bonding assistance, a business must first be denied bonding by at least one surety in both the standard and specialty markets within 90 days of submitting a bonding application to MSBDFA. The applicant must employ fewer than 500 full-time employees or have a gross sales of less that $50 million annually, have its principal place of business in Maryland or be a Maryland resident, must not subcontract more than 75 percent of the work, and the business or its principals must have a reputation of good moral character and financial responsibility. Finally, it must be demonstrated that the bonding or guarantee will have a measurable economic impact, through job creation and expansion of the states's tax base. Applicants are required to work through their respective bonding agents in applying for assistance under the program. Questions regarding the bonding assistance program should be referred to:

Maryland Department of Business and Economic Development Maryland Small

Business Development Financing Authority 217 E. Redwood Street 22nd Floor Baltimore, Maryland Phone: 410-

333-4270 Fax: 410-333-6931

5. CONTRACTORS QUALIFICATION QUESTIONNAIRE

The Contractor's Qualification Questionnaire must be completed, signed and returned with the Bid Form. Failure to do so may render the bid non-responsive.

6. CERTIFIED MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT (MBE Attachment A)

The Certified MBE Utilization and Fair Solicitation Affidavit must be completed, signed and returned with the Bid Form. Failure to do so may render the bid non-responsive. Bids not submitted with the Certified MBE Utilization and Fair Solicitation Affidavit may be rejected as non-responsive.

MBE SUBCONTRACT PARTICIPATION REQUIREMENTS

If a minimum MBE subcontract participation goal has been established as part of the contract and stated in the Notice to Bidders, the bidder shall follow these instructions:

1. The Bidder shall structure its procedures for the performance of the work required in this contract to attempt to achieve the minority business enterprise (MBE) subcontract participation goal stated in the Invitation for Bids. MBE performance must be in accordance with the Exhibits, as authorized by Code of Maryland Regulations (COMAR) 21.11.03.

Contractor agrees to exercise all good faith efforts to carry out the requirements set forth in this solicitation.

2. The MBE subcontract participation goal is established as the minimum percentage of the dollar amount of the contract. The bidder agrees to put forth a good faith effort to achieve the minimum MBE subcontract goal and that Maryland State Certified Minority Business Enterprises will perform the tasks identified and assigned by the Bidder.

3. The MBE prime contractor shall put forth a good faith effort to achieve the minimum MBE subcontract goal and that Maryland State Certified Minority Business Enterprises will perform the tasks identified and assigned by the Bidder.

4. Minority Business Enterprises are encouraged to respond to this solicitation.

CONTRACTOR RESPONSIBILITIES:

A. Once a MBE subcontract participation goal on this Contract has been established the Contractor agrees that this amount of the Contract and subcontract tasks will be performed by State certified minority business enterprises.

B. Both the MBE prime and subcontractor(s) will remain certified during the term of the agreement and any extensions thereof. Maintenance of minority business certification shall be considered a material obligation of the agreement.

C. The bidder shall complete and return with its bid the Certified MBE Utilization and Fair Solicitation Affidavit (MBE Attachment A) whereby the bidder acknowledges the certified MBE participation goal or requests a waiver, commits to make a good faith effort to achieve the goal, and affirms that MBE subcontractors were treated fairly in the solicitation process, and whereby the bidder responds to the expected degree of Minority Business Enterprise subcontract participation as stated in the solicitation, by identifying the specific commitment of certified MBEs at the time of submission. The bidder shall specify the percentage of contract value associated with each MBE subcontractor identified on the MBE Participation. Bids submitted without the

Certified MBE Utilization and Fair Solicitation Affidavit (MBE Attachment A) may be deemed non-responsive and may be rejected.

D. To achieve the result of meeting the contract minority business enterprise subcontract participation goal, the contractor shall:

(1) Identify specific work categories appropriate for subcontracting;

(2) At least ten (10) days prior to the bid opening, solicit minority business enterprises, through written notice that describes the categories of work to be subcontracted and provide specific instructions on how to submit a bid;

(3) Attempt to make personal contact with MBE firms;

(4) Assist MBE firms with bonding requirements or to obtain a waiver of those requirements;

(5) In order to publicize contracting opportunities to minority business enterprises, attend pre-bid meetings or other meeting scheduled by the agency.

E. Documentation

The following documentation shall accompany the Bid and shall be part of the Contract:

(1) Certified MBE Utilization and Fair Solicitation Affidavit (MBE Attachment A)

If the bidder is unable to achieve the MBE subcontract participation goal, the Bidder shall submit, in conjunction with the MBE Schedule of Participation, a request for a full or partial waiver.

The following documentation shall be submitted within ten (10) working days from notification that the Contractor is the apparent low Bidder or within ten (10) working days following the award, whichever is earlier and shall be part of the Contract:

(1) Outreach Efforts Compliance Statement (MBE Attachment B)

(2) Subcontractor Project Participation Statement of Intent (MBE Attachment C) signed by both the Bidder and each MBE listed in the schedule of participation. Or, if the prime Contract has been awarded, copies of the Subcontract Agreement or Agreements.

(3) Any other documentation considered appropriate by the Service to ascertain bidder responsibility in connection with the contract MBE participation goal.

(4) The amount and type of bonds required of MBE Contractors, if any.

(5) The Contractor, by submitting its bid or offer, consents to provide such documentation as requested by the Service and to provide right of entry at any reasonable time for purposes of the Service's representatives verifying compliance with the MBE Subcontractor requirements.

(6) A copy of each subcontract agreement with each proposed MBE subcontractor that the bidder and each proposed MBE subcontractor intend to enter into contingent upon the Service’s contract award to the bidder containing all necessary terms, including pricing and cost.

If the bidder is unable to achieve the MBE subcontract participation goal, the Bidder shall submit, instead of or in conjunction with MBE Attachment C, a fully documented written request for a full or partial waiver to include the following:

(a) A detailed statement of the efforts made to select portions of the Work proposed to be performed by MBE's in order to increase the likelihood of achieving the stated goal;

(b) A detailed statement of the efforts made to contact and negotiate with MBE's and non-MBE's including the names, addresses, dates and telephone numbers of MBE's contacted, and a description of the information provided regarding the Plans, Specifications, and anticipated time schedule for portions of the Work to be performed;

(c) As to each MBE that placed a Subcontract quotation which the bidder considers not to be acceptable, a detailed statement of the reasons for this conclusion; and

(d) A list of minority Subcontractors found to be unavailable. This should be accompanied by a Minority Contractor Unavailability Certificate (MBE Attachment

F) signed by the minority business refused to give the written certification.

If the Contract has been awarded and the following documentation is not furnished, the award shall be null and void.

RECORDS AND REPORTS:

A. The Contractor shall maintain such records as are necessary to confirm compliance with its Minority Business Enterprise utilization obligations. These records shall indicate the identify of minority and non-minority Subcontractors employed on the contract, the type of work performed by each, and the actual dollar value of work, services and procurement achieved by each Contractor and Subcontractor.

B. The Contractor shall submit information with his monthly cost breakdown for progress payments which indicates the dollar value of Contracts awarded to Minority Business Enterprises as the Contract Work occurs. (MBE Attachment G) This information will be submitted as a supplement to the Cost Breakdown For Progress Payments form. Failure of the Contractor to submit the required supplementary MBE participation information may result in delays in processing progress payments.

C. All records concerning MBE participation must be retained by the Contractor and

CONSTRUCTION IFB

will be available for inspection by the Service for a period of three years after final completion of the Contract.

ENFORCEMENT:

A. The Service is responsible for conducting inspections to confirm compliance with the terms of this Section. If the Service determines that the Contractor or Subcontractors are not in compliance with this Section, the Service will notify the Contractor of those measures which the Contractor must take to restore the Contractor to a state of compliance.

B. If the documentary material submitted by the Contractor or Subcontractor to determine minority business status contains false, misleading information or other misrepresentations, the matter will be referred to the Attorney General for appropriate action.

CONTRACTOR ASSISTANCE:

A. Contractors requiring assistance in locating Minority Business Enterprises are encouraged to contact the following offices:

Minority Business Enterprise Office Department of Transportation 7201

Corporate Center Drive P.O. Box 548 Hanover, Maryland 21076 410-865-1241

The State of Maryland Minority Business Enterprise Directory is available to Contractors online and at the location listed above. The Directory contains information about currently certified Minority Business Enterprises.

6. SCHEDULES

Schedules are required to be submitted by the contractor in accordance with the contract specifications.

BID OPENING AND EVALUATION

1. BID OPENING

Bids will be opened and read aloud in public at the time and place stated in the Notice to Bidders.

2. RESERVED RIGHTS

The Service reserves the right to:

1) Reject any and all bids or part(s) of bids or to accept any bid or part(s) of bids in the public interest.

2) Waive any informality in a bid.

3) Cancel this invitation at any time without liability to any bidder.

4) Make the award by item, or group of items, or total bid if it is in the best interest of the Service to do so unless the bidder specifies in his bid that a partial or progressive award is not acceptable.

3. MULTIPLE, ALTERNATE, OR CONDITIONAL BIDS

By submission of a bid the bidders accepts the terms and conditions, specifications, plans, affidavits and all other documents comprising this Invitation for Bid. Unless multiple or alternate bids are requested in the solicitation, these bids may not be accepted. However, if a bidder clearly indicates a base bid, it shall be considered for award as though it were the only bid submitted by the bidder.

Conditioning a bid on material exceptions, additions or revisions to the published Invitation for Bids and published addenda (if any) shall render a bid non-responsive

4. CONDITIONING BIDS UPON OTHER AWARDS NOT ACCEPTABLE

Any bid which is conditioned upon receiving award of both the particular contract being solicited and another contract with the Service, or any other agency of the State of Maryland, shall be deemed non-responsive and not acceptable.

5. MODIFICATIONS AND WITHDRAWAL OF BIDS

Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to the time and date of bid opening and at the place specified in the Notice to Bidders. A note of withdrawal or modification to a bid must be signed. No withdrawal or modifications shall be accepted after the time and date for opening of bids.

6. MISTAKES IN BIDS

A. Mistakes Discovered Before Opening. A bidder may correct mistakes discovered before the time and date set for the opening by correcting the bid or withdrawing the bid as provided in Section 5.

B. Confirmation of Bid. If the procurement officer knows or has reason to conclude that a mistake may have been made, the bidder may be required to confirm the bid. Situations in which confirmation may be requested include obvious, apparent errors on the face of the bid or a bid unreasonably lower than the other bids submitted. If the bidder alleges mistake, the bid may be corrected or withdrawn upon written approval if any of the following conditions are met:

1. If the mistake and intended correction are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid documents are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors.

2. A bidder may be permitted to withdraw a low bid if:

(a) A mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or

(b) The bidder submits proof of evidentiary value which clearly and convincingly demonstrates that a mistake was made.

(c) Mistakes Discovered After Award. Mistakes may not be corrected after the award of the Contract except when the procurement officer and the head of a procurement agency make a determination that it would be unconscionable not to allow the mistake to be corrected.

(d) Changes in prices are not permitted. Corrections shall be submitted to and approved by the Office of the Attorney General.

7. BID EVALUATION AND AWARD

A. General. The Contract is to be awarded to the responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the Invitation for Bids, and is either the lowest bid price or lowest evaluated bid price.

B. Determination of Lowest Bidder. Bids shall be evaluated to determine which bidder offers the lowest cost to the Service in accordance with the evaluation criteria set forth in the Invitation for Bids. Except as otherwise provided under Section 6, Mistakes in Bids:

1. The unit price will govern in the event of a discrepancy between the unit price bid and the extended price (product of unit price multiplied by the quantity).

2. The sum of the extended prices will govern in the event of a discrepancy between the total lump sum bid and the extended prices.

3. The written words will govern in the event of a discrepancy between the prices written in words and the prices written in figures.

4. If a unit price has been omitted, the unit price will be determined by dividing the extended price by the quantity.

C. Award. Upon determination of the lowest bidder, review of the bid for responsiveness, and satisfaction that the bidder is responsible, the Contract may be awarded to that bidder. A Contract may be awarded to a bidder offering a higher quality item than that designated in the Invitation for Bids if that bidder is also the lowest responsive and responsible bidder.

CONTRACT AWARD AND EXECUTION

1. AWARD OF CONTRACT:

A. The award of the contract shall not be effective until the Service has obtained all required approvals.

Bid prices shall be irrevocable for a period of ninety (90) days following bid opening. The Service may request an extension of the ninety (90) day period and the bidder(s) may choose to agree.

B. The Contract shall be awarded to the responsible bidder submitting the lowest responsive bid. The successful bidder will be given a written Notice of Intent to Award stating the Service's intent to award the contract. In the Notice of Intent to Award the successful Bidder will be requested to provide completed MBE documents, including the Outreach Efforts Compliance Statement (MBE Attachment B) and the Subcontractor Project Participation Statement (MBE Attachment C). The successful bidder may also be asked to provide any other documentation required by the Procurement Officer to ascertain bidder responsibility in connection with the certified MBE participation goal.

If the apparent awardee believes a waiver (in whole or in part) of the overall MBE goal or of any sub goal is necessary, it must submit a fully documented waiver request that complies with COMAR 21.11.03.11.

The MBE documents are due within ten working days of the receipt of the Notice of Intent to Award. If the apparent awardee fails to return each completed document within the required time, the Procurement Officer may determine that the apparent awardee is not responsible and therefore not eligible for contract award. If the contract has already been awarded, the award is voidable.

A. The award will be based on the Base Bid in the Bid Form; however, The Service alone will determine whether to select any Add/Deduct Alternates after bid opening.

Add/Deduct Alternates will be accepted in the order listed in the Bid Form, if The Service chooses to do so.

B. The Service reserves the right to cancel the award of any contract before the execution of the contract by all parties without any liability on its part.

2. EXECUTION OF CONTRACT

A. Shortly after the Notice of Intent to Award, the Service shall forward the formal

Contract form to the successful bidder for execution. In addition, the bidder shall furnish the following in the form and content required by the Service.

1) Contract Affidavit

2) Performance and Payment Bonds, if applicable

3) Outreach Efforts Compliance Statement, if applicable

4) Subcontractor Project Participation Statement, if applicable

3) Certificates of Insurance

4) Affirmative Action Plan

5) Critical Path Method (CPM) Schedules (if applicable)

B. The Contract form and additional documentation shall be returned to the Service within the time specified in the Letter of Intent to Award. This documentation is a prerequisite for execution of the contract. The requirements for the Certificates of insurance, Affirmative Action Plans, Critical Path Method Schedules, and MBE participation Requirements are in the General Conditions.

3. FAILURE TO EXECUTE CONTRACT

A. Failure of the contractor to execute the contract, to complete the Contract Affidavit, to file acceptable bonds, certificates of insurance, Affirmative Action Plan, CPM Schedules within the time provided in Section 2B and failure to provide MBE documentation within the time provided in Section 1B shall be just cause for annulment of the award and payment of liquidated damages guaranteed by the bid bond or other securities at an amount equal to the increase contract price paid by the State as a result of the failure to execute the contract.

B. In the event that the damages sustained by the State exceed the amount of the bid security, the State reserves the right to proceed against the contractor for the balance of its damages.

4. PERFORMANCE AND PAYMENT BONDS

A. Performance and Payment Bonds are required only when the amount of the initial award is in excess of $100,000.

B. Persons or firms performing construction contracts for the State of Maryland are not required to post payment bonds if the contract price is $100,000 or less. Sub-contractors and suppliers on such contracts should be aware that the normal protection such bonds offer to sub-contractors and suppliers is not available on construction contracts where the amount of the contract is $100,000 or less.

C. Prior to the award of the contract, the State will provide to the contractor for execution, copies of the Performance Bond and Payment Bond. The bonds must be executed and returned to the Service. The Premium for the bonds shall be paid by the contractor. Performance and payment bonds shall be in form specified in

COMAR 21.07.02.10.

D. The Bonds shall be in the full amount of the contract price.

E. At the direction of the Service, the contractor may be required to increase the amount of the bonds; for such additions, the contractor will be reimbursed by the State in the amount of the actual increased bond cost.

5. PAYMENT TO CONTRACTORS BY ELECTRONIC FUNDS TRANSFER (EFT)

1. The State Comptroller’s Office requires payment by electronic transfer for any contract expected to exceed $200,000 and that requires Board of Public Works approval.

2. By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds transfer unless the State Comptroller’s Office grants an exemption. The selected Bidder shall register using the COT/GAD X-10 vendor electronic Funds (EFT) Registration Request Form.

Any request for an exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form and must include the business identification information as stated on the form and include the reason for the exemption. To request an exemption please contact the Comptroller’s Office at 1-888-784-0144.

PROTESTS

1. DEFINITION

A. In this Section, the following words have the meanings indicated.

B. Terms Defined.

1) “Interested Party” means a prospective bidder or offeror that may be aggrieved by the solicitation of a contract, or an actual bidder or offeror that may be affected by the award of a contract.

2) “Procurement Officer” means the Chief of Procurement & Contracts for the Maryland Environmental Service, or such other individual designated by the Exective Director of the Maryland Environmental Service.

3) “Protest” means a complaint filed in accordance with this section relating to the solicitation or award by the Maryland Environmental Service of the contract to be awarded as a result of this procurement. “Protest” does not include the event a contract has not been awarded.

4) “Protester” means any actual or prospective bidder or offeror, or contractor who files a protest in connection with the solicitation or the award of the contract to be awarded as a result of this procurement.

5) “Reviewing Authority” means the Executive Director of the Maryland Environmental Service, or designee.

2. FILING OF PROTEST

A. An interested party may protest to the Procurement Officer against the award of the contract which is the subject of this solicitation.

B. 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.

3. TIME FOR FILING

A. A protest based upon alleged improprieties in a solicitation shall be filed three business days before the bid opening date or the closing date for receipt of proposals. For procurement by competitive sealed proposals, alleged improprieties that did not exist in the initial solicitation but which are subsequently incorporated in the solicitation shall be filed not later than three business days before the next closing date for receipt of proposals following the incorporation.

B. In cases other than those covered in A, protests shall be filed not later than three business days after the basis for protest is known or should have been known, whichever is earlier.

C. The term “filed” as used in A or B means receipt by the Procurement Officer.

Protesters are cautioned that protests should be transmitted or delivered in the manner that shall assure earliest receipt. A protest received by the Procurement Officer after the time limits prescribed in A or B may not be considered., and the protester shall have no further cause of complaint against the Maryland Environmental Service.

4. FORM

To expedite handling and review of protests, the envelope containing the protest should be labeled “Protest.” The written protest shall include as minimum the following:

A. The name, address, telephone number and email address of the Protester;

B. The solicitation or contract number;

C. A statement of reasons for the protest; and D. Supporting exhibits, evidence, or documents to substantiate the reasons for the protest.

5 TIME FOR SUBMITTING REQUESTED INFORMATION

The Procurement Officer may request the protester to submit additional information or substantiation. Any additional information or substantiation shall be submitted to the Procurement Officer within three business days after receipt of notification or such other time as the Procurement Officer may specify in order to expedite consideration of the protest. Failure of any party to comply with a request for information or substantiation by the Procurement Officer may result in a resolution of the protest without consideration of any response to the request that is not timely submitted.

6 RESOLUTION OF THE PROTEST

A. The Procurement Officer may conduct discussions and, if appropriate, negotiations with the protester or any other interested party and may resolve the protest by agreement with any one or more interested parties.

B. If the protest is not resolved by agreement, the Procurement Officer shall render a decision on the protest, in writing, as soon as possible after receiving all relevant, requested information. The Procurement Officer may render a decision based solely on the relevant information submitted to the Procurement Officer, and does not have to provide any opportunity to any interested party to submit additional information, or to rebut information already submitted to the

Construction ITB

Procurement Officer.

C. The decision of the Procurement Officer shall be reviewed by the Reviewing

Authority. A request to review the decision of the Procurement Officer shall be made in writing and filed within ten (10) days of the date of the Procurement Officer’s decision. The Reviewing Authority may approve, modify, or disapprove the Procurement Officers’ decision, and shall provide a decision in writing. In disapproving a decision, the Reviewing Authority may order the Procurement Officer to resolve the protest in another manner. Unless the protest is remanded to the Procurement Officer, the decision of the Reviewing Authority is the final action by the Maryland Environmental Service.

D. A protest under this…