PLUMBING MAINTENANCE, REPAIRS and SERVICES Solicitation #: 30PLUMB28SB IFB Document

IFB for STATE HIGHWAY ADMINISTRATION Page 1 of 28

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

GAITHERSBURG SHOP

INVITATION FOR BIDS (IFB)

PLUMBING MAINTENANCE, REPAIRS AND SERVICES

IFB NUMBER 30PLUMB28SB

ISSUE DATE: 7/17/2026

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Department of Social and Economic Mobility’s (DoSEM) Office of Small, Minority & Women Business Affairs (OSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the OSBA as a certified small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

IFB for STATE HIGHWAY ADMINISTRATION Page 2 of 28

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Plumbing Maintenance, Repairs and Services

Solicitation Number:

30PLUMB28SB

IFB Issue Date: 7/17/2026

IFB Issuing Office:

State Highway Administration (MDOT-SHA)

Procurement Officer:

Kolawole (Kola) Fadairo 502 Quince Orchard Road Gaithersburg, MD 20878

Email:

Phone Number:

KFadairo@mdot.maryland.gov 301-948-2477

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

30PLUMB28SB

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid Conference:

No Pre-bid Conference will be held for this advertisement See Section 4.3 for additional details.

See Attachment 2 to RSVP by N/A

Scheduled Site Visit

N/A

Questions Due Date and Time:

7/24/2026

2:00 PM

Bid Due (Closing) Date and Time:

7/31/2026 2:00 PM

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

mailto:KFadairo@mdot.maryland.gov

IFB for STATE HIGHWAY ADMINISTRATION Page 3 of 28

Public Bid Opening Date, Time, and Location

7/31/2026 2:00PM

Gaithersburg Maintenance Facility 502 Quince Orchard Road Gaithersburg, MD 20878

MBE/DBE

Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of zero percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of zero 0% percent

Procurement Method:

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Fixed Price

Contract Duration:

24 months or Until Funds are Depleted

Primary Place of Performance:

Gaithersburg Maintenance Facility

502 Quince Orchard Road

Gaithersburg, MD 20878

SBR Designation: Yes

Federal Funding: No

IFB for STATE HIGHWAY ADMINISTRATION Page 4 of 28

Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.3.1 Invoice Submission Schedule

3.3.2 Materials Reporting

Submit evidence to support the cost of materials and that billing on the invoice is consistent with the requirements stated in Section 2 of the IFB

3.3.3 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

IFB for STATE HIGHWAY ADMINISTRATION Page 5 of 28

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

4.19 Attachments and Documents Required with the Bid (Table A)

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Small Business Preference

4.25 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

IFB for STATE HIGHWAY ADMINISTRATION Page 6 of 28

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. The Bidder shall maintain current State of Maryland Master Plumbers License and a copy of the license must be presented as part of the bid packet submission.

B. The Bidder shall be certified for commercial plumbing business for a minimum of five (5) years and the available minimum work force of two (2) State of Maryland licenses commercial journeyman plumbers who shall also have a minimum of five (5) years of commercial plumbing experience. The bidder shall provide copies of licenses and commercial experience for plumbers as part of the bid packet submission.

C. The Bidder shall employ plumber’s helpers/assistances to assist in various tasks.

D. The Bidder shall provide with its Bid "Attachment L Reference Checks" with one or more references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for STATE HIGHWAY ADMINISTRATION Page 7 of 28

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): The State Highway Administration is soliciting bids for a vendor to provide, plumbing services on an “as need” basis at the Gaithersburg Maintenance Facility located in Montgomery County, Maryland.

2.1.2 This specification describes the requirements to provide licensed plumbing repairs, installation, maintenance, and remodeling services on an as-needed basis at the locations specified in the Invitation for Bid (IFB).

2.1.3 This proposal will establish hourly rates. Quantities listed are estimated and are only given for the purpose of bid evaluation. They do not indicate the actual amount that will be spent, since such expenditure will depend upon the requirements developed during the contract period.

2.1.4 Plumbing services are expected to be performed from a verbal request of instructions, locations and descriptions.

2.1.5 Plumbing services involved will include, but not limited to, installation, repairs or modification to water, sewer and drain lines; cleaning and unstopping of drains and sewer lines from 1” to 6”; installation, repairs or modification on a variety of bathrooms, kitchens, and lab fixtures including sinks, showers, toilets, urinals, hot water heaters, well pumps, holding tanks, dishwashers and drains; installation and repairs to gas pipes, pipe insulation, and heat tape; and the installation and testing of backflow preventers. This is not an all-inclusive list. Other types of repairs and services may be required.

2.1.6 Plumbing services include, but are not limited to, the repairs and maintenance of all plumbing systems associated within the office buildings, rest areas, or other State-owned buildings and facilities. Plumbing services include, but are not limited to emergency response, possible design, installation, maintenance, reconditioning, troubleshooting, or repair that may be required by the Maryland Department of Transportation State Highway Administration.

It is the State’s intention to obtain goods and services, as specified in this IFB, from a contract between the selected Bidder and the State.

2.1.7 This is a single award IFB

See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

IFB for STATE HIGHWAY ADMINISTRATION Page 8 of 28

2.2 Background and Purpose

The Contractor shall provide commercial plumbing maintenance, repairs and services at the State Highway Administration, Gaithersburg Maintenance Facility located in Montgomery County, Maryland.

2.2.1 Project Goals

This section is inapplicable to this IFB.

2.2.2 State Staff and Roles

In addition to the Procurement Officer and Contract Monitor, the State Office Manager, State Project Manager

A. The State Office Manager is responsible for processing invoices.

The State Office Manager will provide the following: Facility Availability

B. Thee Procurement Officer will provide detailed services “as needed”.

2.2.3 Other State Responsibilities

This section is inapplicable to this IFB.

2.3 Contractor Responsibilities and Tasks

1. The Vendor shall be responsible for obtaining all necessary permits before work is started. The Contractor is also responsible for contacting and obtaining utility markings from Miss Utility if applicable.

2. The Vendor must meet all Federal EPA, OSHA, and MDE guidelines in the performance of work and proper handling and disposal of waste and/or contaminated materials. The Maryland Department of Transportation SHA will not receive any materials, products, or chemicals, which may be hazardous to an employee’s health unless accompanied by a Material Safety Data Sheet.

3. The Vendor shall maintain a stocked service truck with materials, tools, ladders, and equipment, to provide plumbing services as described in the “scope of contracting services”.

4. The Vendor shall provide drain/sewer line cleaning service to be paid at the same hourly rate as an authorized service call.

5. All work performed under this contract shall be done in accordance with the Maryland Department of Transportation’s, State Highway Administration’s Specifications entitled, “Standard Specifications for Construction and Materials” dated October 2001 revisions thereof, or additions thereto, Maryland Department of Transportation General Conditions for Maintenance Contracts, and the Special Provisions included in this IFB. In case of discrepancy between the Special Provisions and all other provisions contained in the contract, the Engineer will be the sole authority as to the proper procedure to follow.

6. A normal work crew will consist of one (1) plumber. On complicated work assignments, additional plumbers or helpers may be used only if pre-approved by the SHA authorized representative. A licensed commercial journeyman plumber shall be required to always be on-site either performing or overseeing the work of

IFB for STATE HIGHWAY ADMINISTRATION Page 9 of 28 a plumber’s helper when applicable. The State reserves the right to require the vendor to have a helper or Secondary individual on all assigned tasks.

7. The Vendor may be required to do emergency repairs at times other than normal working hours. The Vendor shall be able to be available on a twenty-four (24) hour basis for such emergency work.365 days per year. The Vendor shall supply a monitored 24-hour a day phone number(s) to contact for service.

8. Regular service shall be made available between the hours of 7:30 AM. - 4:00 PM, Monday through Friday, excluding State recognized holidays. All work requested outside of these times shall be considered an EMERGENCY after-hour service and shall be charged at overtime rates not to exceed one and half times the routine hourly rate as specified in the bid.

9. An authorized State Highway Administration (SHA) representative shall notify the Contractor of the type of service call (routine or emergency) at the time of call

in. The Vendor shall respond to routine service calls within forty-eight (48) hours after notification. The Vendor shall respond to emergency service calls within three (3) hours after notification.

2.4 Supplemental Category of Work Requirements and Responsibilities Man-hours paid under this contract shall be only for productive hours at the job site. No service fees or travel fees to and from the worksite, lunch, material acquisition, handling and delivery, or movement of contractor owned, or rental equipment will be chargeable directly to Maryland Department of Transportation SHA, but is overhead and shall be included in the hourly rate bid for basic labor, unless prior approval is pre-approved and authorized by the Contract Manager. If travel time is pre-approved and authorized by the Contract Manager between job assignments, a maximum of one-half of the regular hourly bid rate shall be paid.

An original copy of the Vendor’s source invoice(s) for all parts/materials used for repairs/services must accompany the invoice in order to be reimbursed. Payments shall not be made for any parts/material without the proper documentation attached to the vendor’s original invoice. Payments will also not be made for parts/materials not approved by the authorized Maryland Department of Transportation SHA Contract Manager.

All parts/materials used by the contractor shall be billed to Maryland Department of Transportation SHA at actual cost to the vendor plus percentage of markup.

The percentage of markup shall not exceed ten (10) percent. Mark-up shall not be paid on tax reimbursed on repair parts purchased nor will mark-up be paid on freight/shipping/handling.

No work shall be permitted on Saturdays, Sundays or Holidays without the permission of Kola Fadairo, Resident Maintenance Engineer at 301-948-2477.

No minimum show-up time shall be paid under this contract.

The plumber shall contact the Maryland Department of Transportation SHA authorized representative or Contract Manager upon all arrival and departure times of on-site work performed. The plumber shall prepare a service ticket indicating date, location, arrival time, name of plumber performing work, helper

IFB for STATE HIGHWAY ADMINISTRATION Page 10 of 28 name if applicable, brief description of service to be performed and list any parts or materials used for the job on the service ticket. Note: No lunch or material acquisition time shall be included on the service ticket without the approval of the Contract Manager. Upon completion of the work, the plumber shall record the finished time, sign the ticket to indicate the work is complete and obtain the signature on the SHA authorized representative or Contract Manager on the service ticket for verification. A copy of the service ticket shall be given to the SHA authorized representative or Contract Manager. SHA shall provide a list of contact names and phone numbers for reporting in and out times on jobs upon award of this contract or for each service request as scheduled. Under no circumstances will payment be made for a service ticket not signed by authorized SHA personnel from the list provided. It shall be the Contractor’s responsibility to see that proper signature is obtained before leaving the worksite.

The Vendor shall keep the premises free from accumulation of waste materials or rubbish caused by his operations at all times. The Vendor shall leave the work area clean and free of materials, debris, and vendor equipment to the satisfaction of the authorized State highway Administration representative, the Contract Manager or RME. Vendor shall be responsible for removal and disposal of all debris and defective materials removed in performance of the service and in strict accordance with all applicable regulations, codes, laws, and ordinances. If area is not cleaned by the Contractor upon completion, the sum of $10.00 per hour needed to clean the area shall be deducted from the Contractor’s invoice, not as a penalty but as liquidated damages.

Parts furnished under the purchase order shall be the latest improved models in current production, as offered to commercial trade, and shall be of quality material. Manufacturer warranties shall apply to new materials/parts provided.

The Vendor shall provide the Maryland Department of Transportation SHA representative, Contract Manager or AR with all manufacturer’s warranty documents upon completion of installation and prior to leaving the job site.

The vendor shall guarantee all work included in the “Contract” against any defects in workmanship; and shall satisfactorily correct, at no cost to Maryland Department of Transportation SHA, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by Maryland Department of Transportation

SHA.

A. Payment Information (reference to Standard Terms) B. Work Orders (reference to Standard Terms) C. Security Requirements (reference to Standard Terms) D. Insurance Requirement E. Heading for agency requirements F. Heading for agency requirements G. Heading for agency requirements

See the attached Facility Maintenance Supplemental associated with this solicitation.

IFB for STATE HIGHWAY ADMINISTRATION Page 11 of 28

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

Please submit all invoices to the following email address: D3Gaitinv@mdot.maryland.gov

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. Contractor name and address;

B. Remittance address;

C. Federal taxpayer identification (FEIN) number, social security number, as appropriate;

D. Invoice period (i.e. time period during which services covered by invoice were performed);

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

Invoices that contain both fixed price and labor hour or time and material items shall clearly identify each item as either fixed price, and labor hour, or time and material billing.

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

mailto:D3Gaitinv@mdot.maryland.gov

IFB for STATE HIGHWAY ADMINISTRATION Page 12 of 28

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

3.3.1 Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:

A. For items of work for which there is one-time pricing (see Attachment B –The Price Form), those items shall be billed in the month following the acceptance of the work by the State.

B. For Items of work for which there is annual pricing (see Attachment B–The Price Form), those items shall be billed in the month following the end of the invoice period.

C. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 5-business day of the month following the end of the invoice period.

D. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

3.3.2 Materials Reporting

Submit evidence to support the cost of materials and that billing on the invoice is consistent with the requirements stated in Section 2 of the IFB.

A. For the purposes of the Contract an amount will not be deemed due and payable if:

B. The amount invoiced is inconsistent with the Contract;

C. The proper invoice has not been received by the party or office specified in the

Contract;

D. The invoice or performance is in dispute or the Contractor has failed to otherwise comply with the provisions of the Contract;

E. The item or services have not been accepted;

F. The quantity of items delivered is less than the quantity ordered;

G. The items or services do not meet the quality requirements of the Contract;

H. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule;

I. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or J. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

3.3.3 Travel Reimbursement

Travel will not be reimbursed under this IFB.

IFB for STATE HIGHWAY ADMINISTRATION Page 13 of 28

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this IFB.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

IFB for STATE HIGHWAY ADMINISTRATION Page 14 of 28

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.13 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

3.13.1 The following type(s) of insurance and minimum amount(s) of coverage are required:

3.13.2 Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

3.13.3 The State shall be listed as an additional insured of the faces of the certificates associated with the coverages listed above, including umbrella policies, excluding Work’s Compensation Insurance and professional liability.

https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for STATE HIGHWAY ADMINISTRATION Page 15 of 28

3.13.4 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

3.13.5 Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

3.13.6 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.13.7 Subcontractor Insurance

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

IFB for STATE HIGHWAY ADMINISTRATION Page 16 of 28

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (Conference)summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

IFB for STATE HIGHWAY ADMINISTRATION Page 17 of 28

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.4.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

4.4.2 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

Bids shall be opened publicly at the time, date and place designated in the Key Information Summary Sheet.

The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: Ninety (90) days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

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

IFB for STATE HIGHWAY ADMINISTRATION Page 18 of 28

4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

4.8.2 Bidders shall acknowledge in the Bid the receipt of all addenda to this IFB issued before the Bid due date.

4.8.3 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

4.9.2 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.9.3 In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with COMAR 21.01.03.01.A(4).

4.9.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.10 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.11 Protest/Disputes

Any protest or claim related to this IFB or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.12 Bidder Responsibilities

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

4.12.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix or Appendices to this IFB (see “Appendix 4 - MBE Participation Goal” and “Appendix 5 - VSBE Participation Goal”).

IFB for STATE HIGHWAY ADMINISTRATION Page 19 of 28

4.12.3 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g., insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.12.4 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract.

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

4.15 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise responsive successful Bidder from final consideration and recommendation for Contract award.

4.16 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

https://egov.maryland.gov/BusinessExpress/

IFB for STATE HIGHWAY ADMINISTRATION Page 20 of 28

In connection with a procurement contract a person may not willfully:

A. Falsify, conceal, or suppress a material fact by any scheme or device;

B. Make a false or fraudulent statement or representation of a material fact;or C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under this section.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.18 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as bid submission.

4.19 Attachments and Documents Required with the Bid (Table A) A Bidder shall include the following Attachments with its Bid as a single Bid Package:

Attachments A through C= Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments D through R = Bid may be rejected if the required Attachment is not submitted or is incomplete.

IFB for STATE HIGHWAY ADMINISTRATION Page 21 of 28

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

Bid/Proposal Affidavit A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal

Affidavit.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf

B

The Price Form (as specified within eMMA) Do not alter this Price Form or the Bid may be determined to be not responsive.

The Price Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

(See Appendix 2 for specific Price Form Instructions.)

C Bid Bond

N/A

D MBE Forms D-1A

N/A

E Veteran-Owned Small Business Enterprise (VSBE) Form E-1A

N/A

F

Bidder Information Sheet https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information- Sheet.pdf

G

Maryland Living Wage Requirements Affidavit of Agreement (for Services and Facilities Maintenance Contracts - See Appendix 6 for

Details) N/A

H Federal Funds Attachments

N/A

I

Conflict of Interest Affidavit and Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

J Mercury Affidavit

N/A https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf

IFB for STATE HIGHWAY ADMINISTRATION Page 22 of 28

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

K Location of the Performance of Services Disclosure

N/A

L

Reference Checks (Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past [[five years]]) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

M

List of Current or Prior State Contracts https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State- Contracts.pdf

N Legal Action Summary https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-N.-Legal-Action-Summary.pdf

O Payment of Employee Healthcare Expenses Certification

N/A

P

Prime Contractor List of ALL Subcontractors Anticipated/Used During Contract

N/A

Q Labor Resume Form

N/A

R Corporate Diversity Addendum

Additional Required Documents with the Bid

Financial Capability. The Bidder must include in its Bid a commonly-accepted method to prove its fiscal integrity.

If available, the Bidder shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred).

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

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-M.-List-of-Current-or-Prior-State-Contracts.pdf…