424D41428 NTC #2.pdf

NOTICE TO CONTRACTOR

NOTICE NO. 1

TO: ALL HOLDERS OF CONTRACT DOCUMENTS

FROM: OOM DIRECTOR DAN HOUCK

SUBJECT: CONTRACT NO.: 424D41428

F.A.P. NO.: N/A

DESCRIPTION: MISCELLANEOUS ROADWAY AND SHOULDER REPAIRS AT

VARIOUS LOCATIONS IN BALTIMORE AND HARFORD

COUNTIES

DATE: July 20, 2026

The Pre-Bid Conference Minutes and Attendance Sheet are attached.

Bidders are advised to consider the information and responses/answers to the questions included when submitting their bids.

All questions concerning this contract should be submitted preferably in Word format to:

SHAOOMProc@mdot.maryland.gov.

Dan Houck

Director - Office of Maintenance

MDOT-SHA OEO Agenda Pre-Bid Proposal Conference

MDOT-SHA Contract No.: 424D41428 Pre-Bid/Proposal Meeting Date/Time: 07/20/26 @ 11:00 AM Location of Meeting: MS Teams Procurement Officer: eamoako@mdot.maryland.gov District No./Headquarters: District 4 District Operations Engineer: Jim Flutka: jflutka@mdot.maryland.gov Office of Equal Opportunity: Shirley Blake email: sblake@mdot.maryland.gov

Project Description: MISCELLANEOUS ROADWAY AND SHOULDER REPAIRS AT

VARIOUS LOCATIONS IN BALTIMORE AND HARFORD COUNTIES

MINORITY BUSINESS ENTERPRISE (MBE) GOAL

An overall MBE subcontractor participation goal of 1% has been established for this contract.

This equates to 0% of the total contract dollar amount (bid amount).

In addition, the following MBE subgoals have been established for this procurement:

o (African-American subgoal percentage) 0% minimum for African-American MBEs o (Asian-American subgoal percentage) 0% minimum for Asian-American MBEs o (Hispanic American subgoal percentage) 0% minimum for Hispanic-American MBEs o (Woman-Owned subgoal percentage) 0% minimum for Woman-Owned MBEs

NOTE: To find MDOT certified MBE firms go to: https://marylandmdbe.mdbecert.com/ The MBE must be MDOT certified for that specific NAICS Code at the time of bid/proposal.

MDOT MBE FORMS:

PLEASE READ ALL INSTRUCTIONS BEFORE COMPLETING AND SUBMITTING THE

MDOT MBE FORMS

o MDOT MBE Form A - Certified MBE Utilization and Fair Solicitation Affidavit o MDOT MBE Form B – Part 1 – Instructions for MBE Participation Schedule Form and Part 2 –

MBE Participation Schedule o MDOT MBE Form C - Outreach Efforts Compliance Statement o MDOT MBE Form D - MBE Subcontractor Participation Affidavit o MDOT MBE Form E – Part 1-5 Guidance for Demonstrating Good Faith Efforts to Meet

MBE/DBE Participation Goals

MBE SELF-PERFORMANCE (Prime Contracting) As set forth in COMAR 21.11.03.12-1(D) when a certified MBE firm participates on a contract as a prime contractor (including a joint-venture where the MBE firm is a partner), a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own work force towards fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation sub-goals, if any, established for the contract.

https://mdotgov-my.sharepoint.com/personal/sodonnell1_mdot_state_md_us/Documents/PREBIDS/eamoako@mdot.maryland.gov

To receive credit for self-performance, an MBE prime must list its firm on the MBE Participation Schedule (Form B). For the remaining portion of the overall goal and the sub-goals, the MBE prime must also identify other certified MBE subcontractors (MBE Participation Schedule (Form B) used to meet the goal. If dually certified, the MBE prime can be designated as only one of the MBE classifications but can self-perform up to 100% of the stated sub-goal.

MDOT MBE FORM A - Certified MBE Utilization and Fair Solicitation Affidavit A Bidder/Offeror shall include with its Bid/Proposal a completed MBE Utilization and Fair Solicitation Affidavit (MDOT MBE Form A) indicating that you intend to meet the overall MBE goal of 1% OR that you are unable to achieve the MBE goal and/or subgoals in whole or in part.

If you indicated on the MDOT MBE Form A that you were unable to achieve any portion of the MBE goal (overall or subgoals), you must submit Form E (Parts 1-5) with your Good Faith Efforts to support your Waiver Request. If the bidder needs any guidance related to their Waiver Request, Good Faith Efforts please contact the Office of Construction Contract Awards Team.

MDOT MBE FORM B - PART 1 – INSTRUCTIONS FOR MBE PARTICIPATION

SCHEDULE FORM AND PART 2 – MBE PARTICIPATION SCHEDULE

- PLEASE READ ALL INSTRUCTIONS

o Make sure to verify that the MBE firm is certified with the Maryland Department

Transportation (MDOT) and is current at the time of bid. Pending certification is not acceptable.

o Make sure to include the percentage of the total contract the MBE, including MBE primes, will be performing and the MBE certification number.

o Verify that the MBE firm is appropriately certified in the North American Industry Classification System (NAICS) codes to perform the committed work.

o If a Bidder/Offeror fails to submit a completed Form A & B with the Bid/Proposal as required, the Procurement Officer shall determine that the Bid is non-responsive, or the Proposal is not reasonably susceptible of being selected for award.

o Third-tier MBE subcontracting used to meet the MBE goal is considered the exception and not the rule. Third-tier subcontracting must be requested and approved at the time of bid. Please read all instructions.

MDOT MBE FORM C - OUTREACH EFFORTS COMPLIANCE STATEMENT

o Identify what opportunities for subcontracting were presented o Provide additionally information regarding your outreach efforts to MBE such as corporate outreach events, one on one meetings, advertisements to MBEs, etc.

o This form must be signed by the Contractor.

MDOT MBE FORM D - MBE SUBCONTRACTOR PARTICIPATION AFFIDAVIT

The apparent awardee will be contacted to provide the signed MDOT Form D to the Department within 10 (ten) working days of receiving notice of the potential award:

o It must be signed by the bidder and each certified MBE listed on the MDOT Form B - MBE

Participation Schedule.

o By submitting a response to this solicitation, you agree that the percentage and dollar amounts identified shall be performed by the proposed certified MBEs.

o Third-tier MBE subcontracting must be requested and approved at the time of bid to be counted toward the MBE goal. There should not be third-tier subcontractor on the MDOT-Form D without approval at time of bid.

VETERAN-OWNED SMALL BUSINESS ENTERPRISE (VSBE) GOAL

The Veteran Owned Small Business Enterprise goal is independent from the MBE Goal and is a completely separate program.

An overall MBE subcontractor participation goal of 0% has been established for this contract.

This equates to 0% of the total contract dollar amount (bid amount).

• Attachment A – Notice to Bidders/Offerors

• Attachment B – Veteran-Owned Small Business Enterprise (VSBE) Utilization Affidavit

• Attachment C – VSBE Participation Schedule

A Bidder/Offeror shall include with its Bid/Proposal a completed Veteran-Owned Small Business Enterprise (VSBE) Utilization Affidavit indicating that you intend to meet the overall VSBE goal of 0% OR that you are unable to achieve the VSBE goal in whole or in part.

If you indicated on the Veteran-Owned Small Business Enterprise (VSBE) Utilization Affidavit that you were unable to achieve any portion of the VSBE goal, you must submit the required waiver documentation in accordance with COMAR 21.11.13.07. If the bidder needs any guidance related to their VSBE Waiver Request and Good Faith Efforts, please contact the Office of Construction Contract Awards Team.

PROMPT PAYMENT TO SUBCONTRACTORS (COMAR 21.07.02.05-2§B-C):

The contractor shall promptly pay a subcontractor any undisputed amount to which a subcontractor is entitled to under a State procurement contract for construction. This payment shall be made within ten (10) days of receiving a progress payment or final payment from the state. “Undisputed amount” includes the retainage on a contract.

LIQUIDATED DAMAGES PROVISION (COMAR 21.07.01.14):

a) Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B

(3) $0.00 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) $0.00 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 subgoal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation achieved.

e) Failure to promptly pay all undisputed amounts to an MBE subcontractor in full compliance with the prompt payment provisions of this contract $0.00 per day until the undisputed amount due to the MBE subcontractor is paid.

The Bidder is advised that liquidated damages will apply in the event the Contractor fails to comply in good faith with the requirements of the MBE program and pertinent Contract provisions.

COMMERCIALLY USEFUL FUNCTION

As set forth in COMAR 21.11.03.12-1, once the Contract work begins, the work performed by a certified MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the MBE firm is performing a commercially useful function on the Contract.

An MBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by performing, managing, and supervising the work involved. To perform a commercially useful function, the MBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.

Payroll Compliance The contract resulting from this solicitation has been deemed to be a Tier 1 Contract. The current Living Wage rates and any adjustments are published on the Department of Labor, Licensing & Regulation (DLLR) / Division of Labor and Industry website (www.dllr.state.md.us/labor). The Living Wage Payroll Records Cover Sheet included in this IFB for use with Payroll submittals to DLLR. All certified payroll records must be submitted to DLLR within 15 days of the closing of a pay period. They can be forwarded by email to: dldilivingwage-labor@maryland.gov http://www.dllr.state.md.us/labor https://mdotgov-my.sharepoint.com/personal/sodonnell1_mdot_state_md_us/Documents/PREBIDS/dldilivingwage-labor@maryland.gov