2-1-26-3-01-5R Solicitation Documents.pdf

Collected Aircraft Deicing Fluid Transport & Recycling at BWI

Baltimore / Washington International Airport, Anne Arundel County, MD

Project ID No. 1-26-3-01-5R

SOLICITATION / SCOPE OF

WORK/SERVICES ATTACHMENTS ONLY

THE BIDDING 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. 1-26-3-01-5R

Collected Aircraft Deicing Fluid Transport & Recycling at BWI

Anne Arundel County, MD

Issued By:

Procurement Division Maryland Environmental Service

259 Najoles Road Millersville, MD 21108

September 24, 2025

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 immediately contact the Procurement Office and provide their company name, street address, name of their primary contact for this IFB, and that person’s phone number, fax number and e-mail address.

TABLE OF CONTENTS

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 ♦ Attachment P- Prime Contractor List of All Subcontractors Anticipated/Used

During Contract

Scope of Work

Recycling Management Plan (Minimum qualification)

Sample Service Contract

General Conditions

Notice to Vendors/Contractors

In a separate file (1-26-3-01-5R Bidding Documents.pdf). All documents listed below to be completed and returned with bid response.

PHASE 1 – Minimum Qualifications Minimum Qualification (Required Forms and Documents) ♦ Recycling Management Plan

Procurement Documents (Required Forms) ♦ Bid/Proposal Affidavit ♦ Conflict of Interest Statement ♦ Investment Activities in Iran Certification Form ♦ Certification Regarding Discriminatory Boycotts of Israel

PHASE 2 – Construction Bid Form

♦ Services Bid Form

September 24, 2025

INVITATION FOR BIDS

Collected Aircraft Deicing Fluid Transport, Processing & Recycling Services

Baltimore Washington International Thurgood Marshall Airport

ANNE ARUNDEL COUNTY, MD

BID DUE DATE: October 15 , 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 Collected Aircraft Deicing Fluid Transport, Processing & Recycling Services located at the Baltimore Washington International Thurgood Marshall Airport, Anne Arundel; county, MD.

This is a Multi-Step Seal Bid COMAR 21.05.02.17. Definition. "Multi-step sealed bidding" means a two-phase process in which bidders submit unpriced technical offers or samples, or both, to be reviewed by the State and a second phase in which those bidders whose technical offers or samples, or both, have been found to be acceptable during the first phase have their price bids considered. Please see Deadline for Bid Submission for further instructions.

NOTE: MES will only accept Electronic Bids on MES Procurement Porta (Bonfire) (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 (Bonfire) within 48 hours from the bid opening.

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

BONDING REQUIREMENTS: There are no bonding requirements for this project.

MBE PARTICIPATION: There is no MBE participation goal for this solicitation. It is the stated policy of the Maryland Environmental Service to encourage Minority Business Enterprise participation on all State contracts where there is an opportunity to do so. Maryland firms are encouraged to respond to this solicitation.

TERM OF CONTRACT: The initial term of the Contract shall be for three (3) year period, starting from issuance of a written notice-to-proceed from the MES Project Manager (or his designee) with an option to renew for two (2) additional one (1) years exercisable at the sole discretion of MES.

PRE-BID CONFERENCE: No Pre-bid Conference is being held.

SITE VISIT: Site visits are by appointment only up until October 6, 2025, within the confines of BWI Airport 100 Air Cargo Drive, Building A, Dock 9, Baltimore, MD 21240. 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.

Because the site visit is within a secure area of BWI Airport RSVP by 1:00 PM on October2, 2025 to MES Procurement procurement@menv.com. Please provide first and last name, company name and phone number you can be reached at.

DEADLINE FOR BID SUBMISSION: Maryland Environmental Service will receive electronic bids at MES Procurement Portal (Bonfire) until 1:00 PM on October 15, 2025. Bids shall be opened electronically in public; The link to attend the bid opening is available on the MES Procurement Porta (Bonfire). 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 (Bonfire).

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 Porta (Bonfire). 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 Monday October 6, 2025 by 1:00 PM. Questions received after this date may not receive a response per the Instructions to Bidders, page 1 of 15, Section 3.

Robert Verk Procurement Administrator

MARYLAND ENVIRONMENTAL SERVICE

https://menv.bonfirehub.com/

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 (Bonfire) (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://menv.bonfirehub.com/ 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-

Services ITB Page 9 of 15 Revised June 2025

STATE OF MARYLAND-MARYLAND ENVIRONMENTAL SERVICE

INSTRUCTIONS TO BIDDERS

FOR

SERVICES

GENERAL INFORMATION

1. LICENSES, REGISTRATION AND QUALIFICATIONS

A. At or before the time of contract award the successful bidder must be licensed as required by the laws of Maryland.

B. 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.

C. 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. AMENDMENTS TO INVITATIONS FOR BIDS

Amendments shall be sent to all prospective bidders who were sent an Invitation For Bids or who are known to have obtained the bidding documents. Amendments will be distributed within a reasonable time to allow bidders to consider them in preparing their bids. If the time and date for receipt of bids does not permit preparation, the time shall be increase to the extent possible in the amendment, or if necessary, by telephone and confirmed by amendment. Bidders must acknowledge receipt of all amendments 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/she 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.

B. Oral explanations or instructions will not be binding; only written amendments are binding.

Any amendments 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.

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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, and/or trade secrets and provide any justification of why such materials, upon request, should not be disclosed under the Maryland Public Information Act (“PIA”), Title 4 of the General Provisions Article (“GP”), et seq, 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.

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BID PACKAGE PREPARATION

1. BID DOCUMENTS

A. 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 (if applicable)

(5) Equipment List (if applicable)

(6) List of Subcontractors (if applicable)

(7) Investment Activities in Iran Certification Form

(8) Certification Regarding Discriminatory Boycotts of Israel

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 will be deemed non-responsive and may be rejected.

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

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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, etc. to cover the services.

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, and if required elsewhere in the solicitation, 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 per cent (5%) of the amount of the base bid and shall be submitted on a form provided by

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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 will 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 state’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, if required elsewhere in this solicitation, must be completed, signed and returned with the Bid Form. Failure to do so may render the bid non-responsive.

SCHEDULES:

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

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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:

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

(b) Waive any informality in a bid.

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

(d) Make the award by item, or groups of items, or total bid if it is in the best interest of the

Service to do so.

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.

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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 bidder who 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.

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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.

C. 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.

D. The Service reserves the right to cancel the award of any contract before the execution of the contract by all parities 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) Certificates of Insurance

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.

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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, and MBE documentation within the time specified shall be just cause for annulment of the award; and, shall result in the forfeiture of bid security, if applicable.

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, if applicable, 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 the 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)

A. 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.

B. 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 enclosed form (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.

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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 Deputy 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 Deputy 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.

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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 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

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Revised May 2014

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 section is not a contested case under Title 10, Subtitle 2 of the State Government Article.

MINORITY BUSINESSES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

MARYLAND FIRMS ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

CONTRACT DOCUMENTS

(to be submitted during contract execution) effective date: September 30, To be Completed and Submitted within 10 Days of Receipt of Notice of Intent to Award

Contract Affidavit

A. AUTHORITY

I hereby affirm that I, (name of affiant) am the _ (title) and duly authorized representative of (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE

STATE DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT:

The business named above is a (check applicable box):

(1) Corporation - domestic (Maryland) or foreign (out-of-state);

(2) Limited Liability Company - domestic (Maryland) or foreign (out-of-state);

(3) Partnership - domestic (Maryland) or foreign (out-of-state);

(4) Statutory Trust - domestic (Maryland) or foreign;(out-of-state);

(5) Sole Proprietorship.

and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:

Name Dept.ID No.:

Address:

and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as:

Name Dept.ID No.:

Address:

C. FINANCIAL DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $200,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $200,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a procurement contract with the State, a county, or a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of

$200,000 or more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on or before: (i) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31.

E. DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency's undercover operations.)

I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.

(2) By submission of its Proposal, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;

(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

(c) Prohibit its employees from working under the influence of drugs or alcohol;

(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug and alcohol abuse in the workplace;

(ii) The business's policy of maintaining a drug and alcohol free workplace;

(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above;

(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and

(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;

(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction;

(j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including termination; or

(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)—(j), above.

(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.

(4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;

(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and

(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03.

F. CERTAIN AFFIRMATIONS VALID

I FURTHER AFFIRM THAT:

To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated

, and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY

THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST

OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

Date:

By: (print name of Authorized Representative and Affiant)

(signature of Authorized Representative and Affiant)

CONTRACT DOCUMENTS

(END)

SCOPE OF WORK

Collected Aircraft Deicing Fluid Transport, Processing & Recycling Services at

The Maryland Environmental Service (MES) is seeking proposals to perform the following activities as listed in this scope of work.

Work is to provide environmental management services for the transportation, processing, and recycling of collected aircraft deicing fluid (ADF), generated at Baltimore/Washington International Thurgood Marshall Airport (BWI Marshall). Applied ADF is carefully managed and tracked at BWI Marshall. All fixed based operators, airlines and other contractors applying ADF at BWI Marshall, must adhere to issued Tenant Information Advisory’s and Directives, which outline acceptable methods, procedures, and chemicals allowed for use. Only propylene-based type aircraft deicing fluids are allowed for use at BWI Marshall.

Contractor will transport and recycle high concentrate ADF between 5.0%-35.0% from BWI-Marshall to an authorized facility for treatment and recycling. Contractor will manage pumping and tanker operations for the transfer and carriage of the high concentrate discharge from BWI-Marshall.

All processed ADF shall be re-used in various industrial markets. Contractor’s recycled fluid will meet or exceed the industrial specifications for several market sectors in the United States, such as RV anti-freeze, paint additives, or heat transfer products in HVAC systems. The awarded Contractor must identify the recycling technologies employed and expected final use for recycled fluid generated at BWI Marshall.

1. Background

BWI-Marshall has determined a need for high concentrate, glycol-impacted stormwater containing spent ADF to be transported offsite and recycled, rather than be disposed of in the local publicly owned treatment works (POTW). This effort has been undertaken by BWI-Marshall to reduce the biological oxygen demand contained in industrial wastewater generated from the site. MES will manage the collection, stationary storage locations, and recordkeeping elements associated with this task.

The scope of services to best meet the requirements of the BWI-Marshall ADF recycling goal is to have a service that would see all high concentrate material (5.0-35.0%) transported from BWI Marshall Airport to an authorized recycling facility and recycled for re-use in industrial applications. Recycling of spent ADF must occur to be awarded this work. Disposal only is not an option to treat spent ADF generated.

2. Management

Management plan will be addressed to transport and recycle the effluent and will be responsible for the following key work areas:

• Communicating with BWI-Marshall staff for updates on tank levels/volumes and coordinating pick-up(s).

• Supply a Vacuum tanker and associated equipment to fill and transport the high concentrate effluent to the contractors recycling facility.

• Liaise with airport staff regarding all happenings at the site with respect to fluid volumes and data requirements.

3. Transport

Vacuum tanker and all associated equipment needed to move the collected effluent from the airport to a recycling facility. The effluent that is removed from site shall be based on a concentration greater than 5% ADF. Contractor may need to transfer the effluent from BWI Marshall above ground storage tank using a vacuum tanker truck, removing fluid as required for transport. The Contractor must be able to safely transport the fluid off site at the request of MES.

4. Documentation

Contractor will maintain a complete documentation package detailing preliminary plan of operations, data collection forms, reports and standard operating procedures prior to the start of operations. BWI Marshall operates under regulatory permits requiring the tracking disposal and recycling of all ADF applied on site.

Pricing Notes:

• Net 30 days; invoices will be issued monthly.

• The rate is based on an expected ADF percentage in the fluid spanning 5% to 35% [and typically

10% to 20%].

• Trucking and transport will commence within 72 hours of a request, unless inclement weather prevents the Contractor from traveling to the site.

• MES will provide SDS sheets upon request detailing each ADF product used at BWI Marshall for the…