5-1-26-3-29-8 Solicitation.pdf

Rev. 08/2024

Request for Proposals (RFP)

PROJECT ID No. 1-26-3-29-8 Engineering Services for Watershed Studies

Issue Date: February 13, 2026 Due Date: March 13, 2026, at 2:00 PM

Minority Business Enterprises Are Encouraged to Respond to this Solicitation

Please Note: In the event of emergency closing of Maryland Environmental Service (MES) offices, this RFP is due at the same time on the next regular working day.

MARYLAND ENVIRONMENTAL SERVICE

NOTICE TO VENDORS

In order to help us improve the quality of MES solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Sheet below for contact information).

Title: Engineering Services for Watershed Studies Solicitation No: 1-26-3-29-8

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

( ) Other commitments preclude our participation at this time.

( ) The subject of the solicitation is not something we ordinarily provide. ( ) We are inexperienced in the work/commodities required.

( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)

( ) The scope of work is beyond our present capacity.

( ) Doing business with MES is simply too complicated. (Explain in REMARKS section.)

( ) We cannot be competitive. (Explain in REMARKS section.)

( ) Time allotted for completion of the Bid/Proposal/Contract is insufficient.

( ) Start-up time is insufficient.

( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.)

( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky.

(Explain in REMARKS section.)

( ) MBE requirements. (Explain in REMARKS section.)

( ) Prior MES contract experience was unprofitable or otherwise unsatisfactory. (Explain in

REMARKS section.)

( ) Payment schedule too slow.

( ) Other:_

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.).

REMARKS:

Vendor Name: Date:

Contact Person: Phone

Address:

E-mail Address:

MARYLAND ENVIRONMENTAL SERVICE

RFP KEY INFORMATION SUMMARY SHEET

Request for Proposals/EOI: Engineering Services for Watershed Studies

Solicitation Number: RFP # 1-26-3-29-8

RFP Issue Date: February 13, 2026

RFP Issuing Office: Maryland Environmental Service

Procurement Officer: Robert Verk 259 Najoles Road Millersville, MD 21108 Phone: 410-729-8508 Fax: 410-729-8280 e-mail: procurement@menv .com

Project Contract Monitor: Kayla Rhue krhue@menv.com 410.729.8518

Do not contract the Project Manager during the procurement process.

Proposals are to be sent to: MES Procurement Portal

Pre-Proposal Conference: February 19, 2026, at 12:00 PM Local Time Virtual

Site Visit: None

Questions Due: February 27, 2026, at 2:00 PM

Closing Date and Time: March 13, 2026, at 2:00 PM Local Time

MBE Goal: YES mailto:procurement@menv.com https://menv.bonfirehub.com/projects/50917/details

08/2024

TABLE OF CONTENTS

REQUEST FOR PROPOSALS (RFP)............................................................................................................ I

NOTICE TO VENDORS ........................................................................................................................... II

RFP KEY INFORMATION SUMMARY SHEET ................................................................................. III

TABLE OF CONTENTS .................................................................................................................... IV-VI

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.2 Contract Type

1.3 Contract Duration ....................................................................................................................6-7

1.4 Procurement Officer

1.5 Project Contract Monitor

1.6 Pre-Proposal Conference

1.7 eMaryland Marketplace Advantage

1.8 Questions

1.9 Procurement Method

1.10 Proposals Due (Closing) Date and Time

1.11 Economy of Preparation

1.12 Public Information Act Notice

1.13 Award Basis

1.14 Oral Presentation

1.15 Duration of Proposal

1.16 Revisions to the RFP

1.17 Cancellations/Reservations

1.18 Incurred Expenses

1.19 Protest/Disputes

1.20 Offeror Responsibilities

1.21 Substitution of Personnel ..........................................................................................................10-11

1.22 Mandatory Contractual Terms

1.23 Bid/Proposal Affidavit

1.24 Contract Affidavit

1.25 Compliance with Laws/Arrearages

1.26 Verification of Registration and Tax Payment

1.27 Insurance Requirements

1.28 Minority Business Enterprise Goals.........................................................................................12-15

1.29 Living Wage Requirements ................................................................................................. 15-16

1.30 Federal Funding Acknowledgement

1.31 Conflict of Interest Affidavit and Disclosure

1.32 Investment Activities in Iran

1.33 Notice of Political Contributions

1.34 Certification Regarding Discriminatory Boycotts of Israel

SECTION 2 SCOPE OF WORK

2.1 Background and Purpose

2.2 Scope of Work - Requirements .............................................................................................. 17-25

2.3 Minimum Qualifications ........................................................................................................ 25-26

2.4 Work Order ............................................................................................................................ 26-27

2.5 Invoice ................................................................................................................................... 27-28

2.6 MBE Reports

SECTION 3 – PROPOSAL FORMAT

3.1 Two Part Submission

3.2 Proposals

3.3 Delivery

3.4 Volume I – Technical Proposal .............................................................................................. 29-31

3.5 Volume II – Financial Proposal

SECTION 4 – EVALUATION COMMITTEE, CRITERIA, SELECTION AND AWARD PROCEDURE 32

4.1 Evaluation Committee............................................................................................................ 32-33

4.2 Documents Required upon Notice of Recommendation for Contract Award

RFP ATTACHMENTS

SECTION 1 - GENERAL INFORMATION

1.1 Summary Statement

1.1.1 The Maryland Environmental Service (Service or MES) is issuing this Request for Proposals (RFP) to procure engineering services, as specified in Section 2, to obtain professional engineering services to support the Maryland Department of the Environment’s (MDE) ongoing program to acquire, generate, maintain, update and disseminate data, analyses, and maps associated with the identification, vulnerability exposure, risk assessment, and mitigation of water hazards in Maryland. This effort will focus on, but not be limited to, riverine and pluvial flooding; watershed studies, including comprehensive 2D watershed-scale HEC-RAS models, rain on mesh (ROM), and conveyance system pipes; hazard analyses associated with non-water hazards impacted by water hazards; and flood risk assessments.

1.1.2 It is MES’s intention to obtain services, as specified in this RFP, from a Contract between the selected Offeror and MES. The anticipated duration of services to be provided under this Contract is two years from Contract Award, with three (2) two-year option periods.

1.1.3 MES intends to make a single award as a result of this RFP.

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

1.1.5 Maryland State and local entities, and not-for-profit entities within the State of Maryland, as defined in State

Finance and Procurement 13-110(a)(5) - (7), may purchase from MES goods or services covered by the Contract at the same unit pricing included in the contract. All such purchases by non-executive branch entities, non-State governments, government agencies or not-for-profit entities:

1.1.5.1. Shall constitute Contracts between MES and that government, agency or not-for-profit entity;

1.1.5.2. Shall not constitute purchases by the State or State agencies under the Contract;

1.1.5.3. Shall not be binding or enforceable against the State; and

1.1.5.4. May be subject to other terms and conditions agreed to by the MES and the purchaser.

1.1.6 All Contract prices, terms, and conditions must be provided to any Maryland local government or not-for-profit entity requesting services under the Contract.

1.2 Contract Type

1.2.1 The Contract that results from this RFP shall be a Fixed price and Indefinite Quantity Contract with work orders of fixed unit costs established for identified watershed studies.

1.3 Contract Duration

1.3.1 The Contract that results from this solicitation shall commence as of the date the Contract is signed by MES following approval of the Contract by the MES Board of Directors, if such approval is required (Contract Commencement).

1.3.2 As of the date contained in a Notice to Proceed (NTP), the Contractor shall begin performing all activities required by the Contract, including the requirements of the solicitation.

1.3.3 The term of the Contract shall be two (2) years from the date of the Notice to Proceed (NTP), with three (3) additional two-year option periods, the performance of all services required under the Contract and the RFP.

1.3.4 The Contractor’s obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (See Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.

1.4 Procurement Officer

1.4.1 The sole point of contact in MES for purposes of this solicitation prior to the award of any Contract is the Procurement Officer/Coordinator at the address listed below:

Robert Verk Procurement Administrator 259 Najoles Road Millersville, MD 21108 Phone Number: 410-729-8508 E-mail: procurement@menv.com

MES may change the Procurement Officer at any time.

1.5 Project Contract Monitor

The MES representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Project Contract Monitor may authorize in writing one or more MES representatives to act on behalf of the Project Contract Monitor in the performance of the Project Contract Monitor’s responsibilities.

The Project Contract Monitor is:

Kayla Rhue Assistant Section Chief krhue@menv.com 410.729.8518

MES may change the Project Contract Monitor at any time.

1.6 Pre-Proposal Conference

There is no Site Visit scheduled for this project

A virtual Pre-Proposal Conference (the Conference) will be held on February 19, 2026 beginning at 12:00 PM Local Time, Click this Link to join the conference All prospective Offerors are encouraged to attend in order to facilitate better preparation of their Proposals.

If there is a need for sign language interpretation and/or other special accommodation due to a disability, please notify the Procurement Officer as soon as possible. MES will make a reasonable effort to provide any such special accommodation.

mailto:procurement@menv.com https://teams.microsoft.com/l/meetup-join/19%3ameeting_MzJjMWFhYjItYzM4ZS00YjhkLThkMzktMjE0MmFlNGRkY2Y2%40thread.v2/0?context=%7b%22Tid%22%3a%224c44e1cf-7dae-454f-a18f-c18a6a12f9d7%22%2c%22Oid%22%3a%224b815e97-4f0f-4a79-af69-1a02bee4477e%22%7d

1.7 eMaryland Marketplace Advantage

Each Offeror is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number in the Transmittal Letter (cover letter) submitted at the time of its Proposal submission to this RFP.

eMMA is an electronic commerce system administered by the State of Maryland. In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to https://emma.maryland.gov/ , click on Register Now to begin the process, and then follow the prompts.

1.8 Questions

Questions to the Procurement Officer shall be accepted though MES Procurement Portal in a timely manner prior to the Proposal due date. Questions are requested to be submitted at least fourteen (14) days prior to the Proposal due date. MES, based on the availability of time to research and communicate an answer, and in its sole discretion, shall decide whether an answer can be given before the Proposal due date. Time permitting, answers to all substantive questions that have not previously been answered, and are not clearly specific only to the requestor, will be distributed to all vendors that are known to have received a copy of the RFP.

If it becomes necessary to revise this RFP before the due date for Proposals, MES shall endeavor to provide addenda to all prospective Offerors that were sent this RFP or which are otherwise known by the Procurement Officer to have obtained this RFP. In addition, MES will post amendments to the RFP via the MES Procurement Portal. It remains the responsibility of all prospective Offerors to check all applicable websites for any addenda issued prior to the submission of Proposals.

1.9 Procurement Method

This Contract will be awarded in accordance with the Competitive Sealed Proposals method under COMAR 14.27.03.08.

1.10 Proposals Due (Closing) Date and Time

Proposals, in the format set forth in Section 3 must be submitted through the MES Procurement Portal (Bonfire) https://menv.bonfirehub.com/. Proposals will not be accepted after the due date and time.

Proposals may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in this section for receipt of Proposals.

Proposals may not be submitted by e-mail or facsimile.

Vendors not responding to this solicitation are requested to submit the Notice to Vendors form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.). This form is located in the RFP immediately following the Title Page (page ii).

1.11 Economy of Preparation

Proposals should be prepared simply and economically and provide a straightforward and concise description of the Offeror’s Proposal to meet the requirements of this RFP.

https://emma.maryland.gov/ https://menv.bonfirehub.com/portal https://menv.bonfirehub.com/portal http://www.dsd.state.md.us/comar/comarhtml/14/14.27.03.08.htm https://menv.bonfirehub.com/

1.12 Public Information Act Notice

An Offeror should give specific attention to the clear identification of those portions of its Proposal that it considers confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by MES under the Public Information Act, Md. Code Ann., State Government Article, Title 10, Subtitle 6. This confidential and/or proprietary information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Proposal and if applicable, separately in the Financial Proposal.

Offerors are advised that, upon request for this information from a third party, the Procurement Officer is required to make an independent determination whether the information must be disclosed.

1.13 Award Basis

The Contract shall be awarded to the responsible Offeror submitting the Proposal that has been determined to be the most advantageous to MES, considering price and evaluation factors set forth in this RFP and for providing the goods and services as specified in this RFP. In making this most advantageous Proposal determination, technical factors will receive greater weight than financial factors.

1.14 Oral Presentation

Offerors may be required to make oral presentations to MES representatives. Offerors must confirm in writing any substantive oral clarification of, or change in, their Proposals made in the course of discussions. Any such written clarifications or changes then become part of the Offeror’s Proposal and are binding if the Contract is awarded. The Procurement Officer will notify Offerors of the time and place of oral presentations.

1.15 Duration of Proposal

Proposals submitted in response to this RFP are irrevocable for 120 days following the closing date of the Proposals. This period may be extended at the Procurement Officer’s request only with the Offeror’s written agreement.

1.16 Revisions to the RFP

If it becomes necessary to revise this RFP before the due date for Proposals, MES shall endeavor to provide addenda to all prospective Offerors that were sent this RFP or which are otherwise known by the Procurement Officer to have obtained this RFP. In addition, addenda to the RFP will be posted via MES Procurement Portal. It remains the responsibility of all prospective Offerors to check all applicable websites for any addenda issued prior to the submission of Proposals. Addenda made after the due date for Proposals will be sent only to those Offerors that submitted a timely Proposal and that remain under award consideration as of the issuance date of the addenda.

Acknowledgment of the receipt of all addenda to this RFP issued before the Proposal due date shall be included in the Bid/Proposal Affidavit (See Attachment B-1) accompanying the Offeror’s Technical Proposal. Acknowledgement of the receipt of addenda to the RFP issued after the Proposal due date shall be in the manner specified in the addendum notice. Failure to acknowledge receipt of an addendum does not relieve the Offeror from complying with the terms, additions, deletions, or corrections set forth in the addendum.

1.17 Cancellations/Reservations

MES, in its sole discretion, reserves the right to cancel this RFP, accept or reject any and all Proposals, in whole or in part, received in response to this RFP, to waive or permit the cure of minor irregularities, and to conduct discussions with all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of MES. MES also reserves the right, in its sole discretion, to award a Contract based upon the written proposals received without discussions or negotiations.

1.18 Incurred Expenses

MES will not be responsible for any costs incurred by any Offeror in preparing and submitting a Proposal, in making an oral presentation, in providing a demonstration, or in performing any other activities related to this solicitation.

1.19 Protest/Disputes

Any protest or dispute related, respectively, to this solicitation or the resulting Contract is NOT and shall NOT be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies). An interested party may protest to the Procurement Officer against the award of the contract which is the subject of this solicitation within three (3) business days after the proposed award of contract. The protest shall be in writing, addressed to the Procurement Officer and delivered to the headquarters of the Maryland Environmental Service. A protester may not file a protest by electronic means or by facsimile. A copy of the protest procedure is available by contacting the Procurement Officer. Any disputes/discrepancies related to the solicitation documents will not be acknowledged unless received within ten (10) days prior to the bid/proposal opening, in writing.

1.20 Offeror Responsibilities

The selected Offeror shall be responsible for all products and services required by this RFP. All subcontractors must be identified and a complete description of their role relative to the Proposal must be included in the Offeror’s Proposal. If applicable, subcontractors utilized in meeting the established MBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) of this RFP.

If an Offeror that seeks to perform or provide the services required by this RFP is the subsidiary of another entity, all information submitted by the Offeror, including but not limited to references, minimum qualifications, and financial reports, or experience and documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Offeror, unless the parent organization will guarantee the performance of the subsidiary.

1.21 Substitution of Personnel

Continuous Performance of Key Personnel

Unless substitution is approved as outlined herein, key personnel shall be the same personnel proposed in the Contractor’s Technical Proposal, which will be incorporated into the Contract by reference. Such identified key personnel shall perform continuously for the duration of the Contract, or such lesser duration as specified in the Technical Proposal. Key personnel may not be removed by the Contractor from working under this Contract, as described in the RFP or the Contractor’s Technical Proposal, without the prior written approval of the Contract Manager.

The following provisions apply to all of the circumstances of Contractor Personnel substitution:

A. The Contractor shall demonstrate to the Contract Monitor’s satisfaction that the proposed substitute has qualifications at least equal to those of the Contractor Personnel proposed to be replaced.

B. The Contractor shall provide the Contract Monitor with a substitution request that shall include:

(1) A detailed explanation of the reason(s) for the substitution request;

(2) The resume of the proposed substitute, signed by the substituting individual and his/her formal supervisor;

(3) The official resume of the current personnel for comparison purposes; and

(4) Evidence of any required credentials.

C. The Contract Monitor may request additional information concerning the proposed substitution and may interview the proposed substitute personnel prior to deciding whether to approve the substitution request.

D. The Contract Monitor will notify the Contractor in writing of: (i) the acceptance or denial, or (ii) contingent or temporary approval for a specified time limit, of the requested substitution. The Contract Monitor will not unreasonably withhold approval of a proposed Contractor Personnel replacement.

If the Contract is task order based, the provisions of this section apply to key personnel identified in each task order proposal and agreement.

1.22 Mandatory Contractual Terms

By submitting a Proposal in response to this RFP, an Offeror, if selected for award, shall be deemed to have accepted the terms and conditions of this RFP and the Contract, sample attached herein as Attachment A-1. Any exceptions to this RFP or the Contract shall be clearly identified in the Executive Summary of the Technical Proposal. A Proposal that takes exception to any of these terms may be rejected at MES’ sole discretion.

1.23 Bid/Proposal Affidavit

A Proposal submitted by an Offeror must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is included as Attachment B-1 of this RFP.

1.24 Contract Affidavit

All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Offeror will be required to complete a Contract Affidavit. A copy of this Affidavit is included as Attachment C-1 of this RFP. This Affidavit must be provided within five (5) Business Days of notification of proposed Contract award. For purposes of Section B of the Affidavit, please note that any company incorporated outside of Maryland is considered a foreign company. This Contract Affidavit will also be required to be completed by the Contractor prior to any Contract renewals, including the exercise of any options or any modifications that may extend the Contract term.

1.25 Compliance with Laws/Arrearages

By submitting a Proposal in response to this RFP, the Offeror, if selected for award, agrees that it will comply with all Federal, State, and local laws applicable to its activities and obligations under the Contract.

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

1.26 Verification of Registration and Tax Payment

Before a business entity can do business in 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://www.egov.maryland.gov/businessexpress .

It is strongly recommended that any potential Offeror complete registration prior to the due date for receipt of Proposals.

An Offeror’s failure to complete registration with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award.

1.27 Insurance Requirements

1.27.1 Commercial General Liability

The Contractor shall at all times have and maintain Commercial General Liability with a combined limit for personal injury and property damage liability at One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate, and Vehicle Liability Insurance with a combined limit for personal injury and property damage liability of Five Hundred Thousand Dollars ($500,000) per occurrence and One Million Dollars ($1,000,000) in the aggregate. Certificates of such insurance acknowledging the Hold Harmless Clause contained in this document shall be filed with the Service.

1.27.2 Professional Liability

The Contractor shall at all times have and maintain Professional Liability for errors and omissions with a limit at One Million Dollars ($1,000,000) per claim.

1.27.3 Excess Liability

The Contractor shall at all times have and maintain Excess Liability with a limit at One Million Dollars ($1,000,000).

1.27.4 Cyber Liability

The Contractor shall at all times have and maintain Cyber Liability with a limit at One Million Dollars ($1,000,000).

Coverage shall include unauthorized access, failure of security, breach of privacy, as well at notification costs and regulatory defense.

1.28 Minority Business Enterprise Goals

A minimum overall MBE subcontractor participation goal of 18% of the total contract dollar amount has been established for this procurement.

There are no MBE subcontractor participation subgoals for this procurement. The Contractor is encouraged to use a diverse group of subcontractors and suppliers from any/all of the various MBE classifications to meet the remainder of the overall MBE participation goal.

1.28.1 Attachment A – Minority Business Enterprise participation, instructions, and forms are provided to assist

Bidders/Offerors. A Bidder/Offer must include with its Bid/Proposal a completed Maryland Department of Transportation (MDOT) Certified MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule (Attachment A) whereby:

(a) The Bidder/Offer acknowledges the certified MBE participation goal and commits to make a good faith effort to achieve the goal and any applicable subgoals, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process; and https://www.egov.maryland.gov/businessexpress

(b) The Bidder/Offer responds to the expected degree of MBE participation, as stated in the solicitation, by identifying the specific commitment of certified MBEs at the time of Bid/Proposal submission. The Bidder/Offer shall specify the percentage of total contract value associated with each MBE subcontractor identified on the MBE participation schedule, including any work performed by the MBE prime (including a prime participating as a joint venture) to be counted towards meeting the MBE participation goals.

(c) A Bidder/Offeror requesting a waiver should review Attachment E (Waiver Guidance) and F (Good Faith Efforts Documentation to Support Waiver Request) prior to submitting its request.

If a Bidder/Offeror fails to submit a completed Attachment _A with the Bid/Proposal as required, the Procurement Officer shall determine that the Bid is not responsive, or the Proposal is not reasonably susceptible of being selected for award.

1.28.2 Bidders/Offers are responsible for verifying that each of the MBE(s) (including any MBE primes and/or MBE primes participating in a joint venture), selected to meet the goal and any subgoals and subsequently identified in Attachment A is appropriately certified and has the correct NAICS codes allowing it to perform the committed work.

1.28.3 Within ten (10) working days from notification that it is the recommended awardee or from the date of the actual award (per COMAR 21.11.03.10), whichever is earlier, the Bidder/Offeror must provide the following documentation to the Procurement Officer.

(a) Outreach Efforts Compliance Statement (Attachment B)

(b) MBE Prime/Subcontractor Project Participation Certification (Attachment C/C-page 2)

(c) Good Faith Efforts Documentation to Support Waiver Request (Attachment F).

(d) Any other documentation required by the Procurement Officer to ascertain Bidder/Offeror responsibility in connection with the certified MBE subcontractor participation goal or any applicable subgoals.

If the recommended awardee fails to return each completed document within the required time, the Procurement Officer may determinate that the recommended awardee is not responsive and, therefore, not eligible for Contract award. If the Contract has already been awarded, the award is voidable.

1.28.4 Please refer to the MDOT MBE Directory at https://marylandmdbe.mdbecert.com/ to determine if a firm is certified with the appropriate North American Industry Classification System (“NAICS”) Code and the product/services description (specific product that a firm is certified to provide or specific areas of work that a firm is certified to perform). For more general information about NAICS codes, please visit https://www.census.gov/eos/www/naics/. Only those specific products and/or services for which a firm is certified in the MDOT Directory can be used for purposes of achieving the MBE participation goals. CAUTION: If the firm’s NAICS Code is in graduated status, such services/products may not be counted for purposes of achieving the MBE participation goals. A NAICS Code is in the graduated status if the term “Graduated” follows the Code in the MDOT MBE Directory.

1.28.5 The Contractor, once awarded a Contract, will be responsible for submitting or requiring its subcontractor(s) to submit the following forms to provide the State with ongoing monitoring of MBE participation:

(a) Attachment G (Prime Contractor Paid/Unpaid MBE Invoice Report).

(b) Attachment I (MBE Prime Contractor Report)

(c) Attachment H (MBE Subcontractor/Contractor Unpaid MBE Invoice Report).

1.28.6 The Bidder/Offeror that requested a waiver of the goal or any of the applicable subgoals will be responsible for submitting the following form, within ten (10) working days of recommendation for award and all http://www.dsd.state.md.us/comar/comarhtml/21/21.11.03.10.htm https://marylandmdbe.mdbecert.com/ documentation as required in COMAR 21.11.03.11 – Waiver:

(a) Attachment F (Good Faith Efforts Documentation to Support Waiver Request)

1.28.7 All documents, including Attachment A, completed and submitted by the Bidder/Offeror in connection with its certified MBE participation commitment shall be considered to be a part of the resulting Contract and are hereby expressly incorporated by reference thereto.

1.28.8 The Bidder/Offeror is advised that liquidated damages will apply in the event the Contractor fails to comply in good faith with the provisions of the MBE program and pertinent Contract provisions (See Attachment I-1).

1.28.9 As set forth in COMAR 21.11.03.12-1(D) when a certified MBE firm participates on a contract as a prime contractor (including a joint-venture where the MBE firm is a partner), a procurement agency may count the distinct, clearly defined portion of the work of the Contract that the certified MBE firm performs with its own workforce toward fulfilling up to, but no more than, fifty-percent (50%) of the overall MBE participation goal, including up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the Contract.

In order to receive credit for self-performance, an MBE prime must be certified in the appropriate NAICS code to do the work and must list its firm in the MBE Participation Schedule, including the certification category under which the MBE prime is self-performing and include information regarding the work it will self-perform

For the remaining portion of the overall goal and the remaining subgoals, the MBE prime must also identify on the MBE Participation Schedule the other certified MBE subcontractors used to meet those goals or request a waiver.

These guidelines apply to the work performed by the MBE Prime that can be counted for purposes of meeting the MBE participation goals. These requirements do not affect the MBE Prime’s ability to self-perform a greater portion of the work in excess of what is counted for purposes of meeting the MBE participation goals.

Please note that the requirements to meet the MBE participation overall goal and subgoals are distinct and separate. If the contract has subgoals, regardless of MBE Prime’s ability to self-perform up to 50% of the overall goal (including up to 100% of any subgoal), the MBE Prime must either commit to use other MBEs for each of any remaining subgoals or request a waiver. As set forth in Attachment E Waiver Guidance, the MBE Prime’s ability to self-perform certain portions of the work of the Contract will not be deemed a substitute for the good faith efforts to meet any remaining subgoal or the balance of the overall goal.

In certain instances where the percentages allocated to MBE participation subgoals add up to more than 50% of the overall goal, the portion of self-performed work that an MBE Prime may count toward the overall goal may be limited to less than 50%. Please refer to the Governor‘s Office of Small Minority & Women Business Affairs’ website for the MBE Prime Regulations Q&A for illustrative examples.

http://www.goMDsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulation_QA.pdf

1.28.10 With respect to Contract administration, the Contractor shall:

(a) Submit by the 15th of each month to the Agency’s designated representative:

i. A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment G) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and

ii. (If Applicable) An MBE Prime Contractor Report (Attachment I) identifying an MBE prime’s self-performing work to be counted towards the MBE participation goals.

(b) Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors submit by the 15th of each month to the Service’s designated representative an MBE Subcontractor Paid/Unpaid Invoice http://www.gomdsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulation_QA.pdf

Report (Attachment H) that identifies the Contract and lists all payments to the MBE subcontractor received from the Contractor in the preceding 30 days, as well as any outstanding invoices, and the amounts of those invoices.

(c) Maintain such records as are necessary to confirm compliance with its MBE participation obligations. These records must indicate the identity of certified minority and non-minority subcontractors employed on the Contract, the type of work performed by each, and the actual dollar value of work performed. Subcontract agreements documenting the work performed by all MBE participants must be retained by the Contractor and furnished to the MBE Program Manager request.

(d) Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable times for purposes of the State’s representatives verifying compliance with the MBE participation obligations. Contractor must retain all records concerning MBE participation and make them available for State inspection for three (3) years after final completion of the Contract.

(e) Upon completion of the Contract and before final payment and/or release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE subcontractors.

1.29 Living Wage Requirements

Maryland law requires that Contractors meeting certain conditions pay a living wage to covered employees on State service contracts over $100,000. Maryland Code, State Finance and Procurement, § 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation requires that a Contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05.

If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions.

Additional information regarding the State’s living wage requirement is contained in Attachment G-1. Bidders/Offerors must complete and submit the Maryland Living Wage Requirements Affidavit (See Attachment G-2) with their Bid/Proposal and have their Subcontractors complete the Maryland Living Wage requirements Affidavit for Subcontractors (See Attachment G-3). If a Bidder/Offeror fails to complete and submit the required documentation, MES may determine a Bidder/Offeror to be not responsible under State law.

Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the State. The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a Contract shall assign the tier based upon where the recipients of the services are located.

The Contract resulting from this solicitation will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder/Offeror must identify in its Bid/Proposal the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided.

(1) If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the Contract will be a Tier 1 Contract.

(2) If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the

Contract will be a Tier 2 Contract.

(3) If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, this Contract will be determined to be a Tier 1 Contract.

Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor, Licensing and Regulation (DLLR) website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

NOTE: Whereas the Living Wage may change annually, the Contract price may not be changed because of a Living Wage change.

1.30 Federal Funding Acknowledgement

A resulting task authorization issued under this agreement contains Federal funds. The source of these federal funds is:

Federal Emergency Management Agency (FEMA) Federal Fiscal Year 2022 Flood Mitigation Assistance Grant Program.

The CFDA number is: 97.029 (https://simpler.grants.gov/opportunity/486b973f-ffd4-4a8a-bcd8-54b3a7a313da). The contractor agrees to comply with and ensure compliance with any stipulations which may be applicable and identifiable under such task authorization.

_X_Federal Funding is applicable for this project ____ Federal Funding is not applicable for this project

1.31 Conflict of Interest Affidavit and Disclosure

Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment D-1) and submit it with their Bid/Proposal. All Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful Contractor’s personnel who perform or control work under this Contract and each of the participating subcontractor personnel who perform or control work under this Contract shall be required to complete agreements substantially similar to Attachment D-1 Conflict of Interest Affidavit and Disclosure. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

1.32 Investment Activities in Iran

The Offeror is required to complete the Investment Activities in Iran Certification. A copy of this Certification is included as Attachment H-1. The Certification must be provided with the Bid/Proposal.

1.33 Notice of Political Contributions

Any firm awarded a state agency contract shall comply with the political contribution reporting requirements under Title 14 of the Election Law Article to which the contractor may be subject as provided in § 17-402 (2013).

1.34 Certification Regarding Discriminatory Boycotts of Israel

The Offeror is required to complete the Certification Regarding Discriminatory Boycotts of Israel. A copy of this Certification is included as Attachment K-1. The Certification must be provided with the Bid/Proposal.

http://www.dllr.state.md.us/labor/prev/livingwage.shtml http://www.dsd.state.md.us/comar/comarhtml/21/21.05.08.08.htm

SECTION 2 – SCOPE OF WORK

2.1 Background and Purpose

In response to growing local concerns regarding precipitation-based flooding, Maryland’s General Assembly enacted Chapter 641 of the 2021 Laws of Maryland (previously introduced as Senate Bill 227) which made addressing precipitation-based flooding a priority for MDE. This legislation is known as Advancing Stormwater Resiliency in Maryland (A-StoRM) and requires three things: (1) to report on the most recent precipitation data available, (2) to investigate flood events since 2000, and (3) to update Maryland’s stormwater quantity management standards for flood control. More information on MDE’s A-StoRM efforts can be found here: https://sb-227-maryland.hub.arcgis.com/.

MDE has met or is in the process of meeting all three of these mandates, including determining the watersheds that are most at risk for precipitation-based flooding and a watershed prioritization index to determine where to focus watershed study resources. However, while developing strategies for meeting A-StoRM requirements, it became apparent that comprehensive watershed studies complemented MDE’s approach to meeting the A-StoRM requirements and would be a necessary tool for adopting stormwater quantity and peak flow management in the watersheds most at risk for flooding.

MDE recognizes that preventing and mitigating the impacts of precipitation-based flood events requires more than just managing stormwater peak discharge rates. The timing of peak discharge releases throughout a watershed is just as important as the intensity of those peak discharges and can only be understood through comprehensive watershed models.

It is important for MDE and the State’s stormwater management community to better understand why flooding is occurring before making significant program changes to mitigate these floods.

MDE secured three FY22 Flood Mitigation Assistance (FMA) grant awards for projects related to comprehensive watershed studies. Summaries of the grant scopes are as follows: develop a statewide assessment for evaluating and prioritizing the current and potential future flood risk for all of Maryland’s watersheds in a GIS environment (Project 0007); develop a watershed modeling framework that provides specifications and instructions for creating a watershed model, provides instructions with best practices and guidance for performing a watershed study and interpreting model results; develop conceptual solutions including guidance materials for local jurisdictions on how to implement the watershed modeling framework; and, establish an overarching statewide governance structure for watershed-based collaboration (Project 0008); and apply the watershed modeling framework in pilot watersheds in different physiographic regions of the state to assess flood risk, identify the sources of flooding, and develop conceptual flood mitigation solutions (Project 0009). The Maryland Environmental Service (“MES”) is issuing this solicitation for the purposes of soliciting services to complete portions of project 0008, the pilot watershed studies for Project 0009, and additional watershed studies as funding becomes available.

2.2 Scope of Work - Requirements

2.2.1. Project Goals

The Contractor shall:

2.2.1.1 Develop comprehensive 2D watershed models using the River Engineering Center HEC-RAS to quantify fluvial and pluvial flood risks within each watershed, or combination of watersheds, designated for study.

2.2.1.1.1. Although maintenance of models is not included in this contract, the intent is for the mesh to be maintained at the County and/or local level as a “living model” meaning they will be made publicly available, and kept updated, so that they may be leveraged in future development and permitting applications.

2.2.1.1.2. Incorporate coastal and nuisance flood risks into the watershed study models to accurately model tailwater conditions and compound flooding to the maximum extent practical without diminishing or overshadowing the primary goals of modeling fluvial and pluvial flood risks.

https://sb-227-maryland.hub.arcgis.com/

2.2.1.2 Use model results to understand current and future watershed hazards, vulnerabilities, and mitigation opportunities in each watershed designated for study.

2.2.1.3 Develop a framework for a watershed study. This is expected to be a series of technical guidance documents.

2.2.1.4 Correlate fluvial and pluvial flood risk to stormwater management regulations and water quality (sediment transport) restoration efforts utilizing critical storm duration rainfall events for each watershed.

2.2.1.5 Integrate comprehensive watershed studies and model development into watershed governance, local growth, and development planning processes.

2.2.1.6 Produce watershed models that will be compatible with FEMA’s Future of Flood Risk Data (FFRD) initiatives and can be leveraged for future FEMA flood RISK map studies.

2.2.1.7 Produce watershed studies that will result in CRS discounts to NFIP communities.

2.2.2. Staff and Roles

In addition to the Procurement Officer and Project Monitor, the MES project team consists of additional Geographic Information Technology (GIS) and engineering personnel. MES will also work in partnership with MDE to form a Watershed Studies coordination team for the purpose of advancing this RFP and award.

2.2.3. Contractor Responsibilities and Tasks

2.2.3.1 Specifications for Watershed Studies

2.2.3.1.1. Each watershed study shall consist of three components: watershed modeling, a flood risk assessment, and a flood management study.

2.2.3.1.2. Potential watersheds for study have been delineated as Watershed Modeling Units and assigned a

Watershed Modeling Unit number, as shown in Attachment M-1 and available via the Watershed Modeling Units web map available at: https://experience.arcgis.com/experience/5c0e7000873b4897aab05610c0a82e66/

2.2.3.1.2.1. The Watershed Modeling Unit boundaries may be revised by the selected contractor prior to the issuance of a work order for a watershed study.

2.2.3.1.2.2. MDE intends to work with the University of Maryland to prioritize Watershed Modeling Units for study based on riverine and pluvial flood risk. Once delineated, watersheds deemed high risk will be prioritized for watershed studies assigned to MES by MDE. The University of Maryland flood risk index is expected in May 2026.

2.2.3.1.3. The watershed models shall be 2-D rain on mesh hydraulic model(s) using HEC-RAS 6.7 or higher.

2.2.3.1.3.1. Each model should include mesh refinement using break lines and hydro-connectors; inclusion of hydraulically significant conveyance structures (closed storm drain systems, culverts, bridges, and dams);

and model calibration to gage sites. Proposers should identify their threshold and approach to selecting and modeling conveyance structures and model calibration based on the assigned watershed model level of detail (Section 2.2.3.1.3.4)

2.2.3.1.3.2. Underlying data used for models shall consist of the following, unless modified by the selected contractor’s technical proposal:

2.2.3.1.3.2.1. best available DEMs and LiDAR from Maryland’s iMap program (imap.maryland.gov);

2.2.3.1.3.2.2.