Information to Bidders

EC/BPM EC26-09020-48/BPM058244

This procurement is designated for Small Business Reserve (see I.)

NOTICE TO BIDDERS

Solicitation Fact Sheet

- PLEASE READ THOROUGHLY -

BIDS FOR THIS SOLICITATION ARE BEING ACCEPTED SOLELY ONLINE

THROUGH eMaryland Marketplace Advantage (eMMA) https://emma.maryland.gov

Solicitation #: BPM058244 DNR Project #: EC26-09020-48 DNR Project Title: Cugle House Renovations Project Location: 4463 Bonnie Branch Rd, Ellicott City, MD 21043 in Howard County

Procurement Officer: Jacquelyn Truffer Procurement Email: jacquelyn.truffer1@maryland.gov Project Manager: John E. Nuth SBR-Designated: Yes MBE Goal: No VSBE Goal: No Retainage: No

For the purpose of this solicitation, the Department of General Services (DGS) Instructions to Bidders for Construction Projects (July 2022), and the DGS General Conditions for Construction Contracts (July 2022) have been supplemented as follows:

I. NOTICE TO BIDDERS:

1. Bid Due Date: Tuesday, December 8, 2026 at 4:00pm

2. Pre-Bid Conference will be held on Friday, November 13, 2026, at 11:00am.

It will occur at Patapsco Valley State Park

4463 Bonnie Branch Rd Ellicott City, MD 21043

Please email any reasonable ADA accommodation request for attending the pre-bid conference directly to the Procurement Officer no later than Friday, November 6, 2026 at 11:00am (five business days before the pre-bid conference date).

3. Carefully review the Department of General Services (DGS) Instructions to Bidders for

Construction Projects (July 2022); which are attached to this solicitation; and the DGS General Conditions for Construction Contracts (July 2022).

https://emma.maryland.gov/ https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf

4. Carefully review the State of Maryland – Department of General Services Instructions to Bidders for Construction Projects (July 1, 2022); as provided.

5. The Project Classification for this solicitation is “A” (Up to $100,000).

6. Small Business Reserve Designation:

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 Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) 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 GOSBA 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.

7. Subcontractor Engagement:

A) A minimum of 51% of all work performed per this contract shall be performed by the prime contractor’s own employee work force under its immediate supervision.

B) No more than 49% of the work performed per the Project Manual may be performed by any subcontractor. All subcontracts must be disclosed on Attachment P per § II.

C) Minority Business Enterprise (MBE):

The MBE Subcontract Participation Goal for this Solicitation is 0%.

The MBE participation shall be a percentage of the TOTAL CONTRACT VALUE.

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. 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.

If, for any reason, the apparent successful bidder is unable to achieve the contract goal for each certified MBE classification specified as having a subcontract goal or the overall MBE contract goal, the bidder will be contacted to document its waiver request as stated in the Minority Business Enterprise Attachment D – February 5, 2021.

Please review all MBE information carefully. Refer to the Minority Business Enterprise Attachment D – February 5, 2021 for further information.

https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://marylandmdbe.mdbecert.com/

D) Veteran-Owned Small Business Enterprise (VSBE):

The VSBE Subcontract Participation Goal for this solicitation is 0%.

The VSBE participation shall be a percentage of the TOTAL CONTRACT VALUE.

Confirmation of VSBE Program Certification – eMMA is the exclusive platform to use when verifying that a veteran vender is certified in the State’s VSBE program.

The “VSBE Certification #” field must be populated and the “VSBE Expiration Date” must be valid.

Please review all VSBE information carefully. Refer to Attachment E – Veteran-owned Small Business Enterprise” for further information.

8. All questions pertaining to this project must be submitted in writing via email to the Procurement Officer. Questions shall be submitted by Wednesday, November 18, 2026, by 4:00 PM. Response to all questions will be loaded into the eMMA solicitation.

II. BID FORMS:

1. The bidder shall submit a bid including the following forms and all line items listed on the eMMA solicitation.

A) The Bid Response Package with acknowledgement of all addenda;

B) Attachment A – Bid/Proposal Affidavit;

C) Attachment C – Bid Bond, if applicable;

D) Attachment F – Bidder/Offeror Information Sheet;

E) Attachment I – Conflict of Interest Affidavit;

F) Attachment O – Payment of Employee Healthcare Expenses Certificate;

G) Attachment P – List of All Subcontractors; and H) Attachment U – Contract Affidavit

2. The bid form(s) shall be completed in ink or typed. Any erasures and/or alterations shall be initialed in ink by the signor.

3. The bid response package, if submitted by an individual, shall be signed by the individual; if submitted by a partnership, it shall be signed by such member or members of the partnership as having authority to bind the partnership; if submitted by a corporation, it shall be signed by an officer, and attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer, as aforesaid, there must be attached a copy of that portion of the By-Laws or a copy of a Board resolution, duly certified by the corporate secretary, showing the authority of the person signing on behalf of the corporation.

4. Any contractor calling itself a “joint venture” shall be, as between the contractor and the State, an ordinary partnership, whose partners are liable to the State as provided in Corporations and Associations Article §9-307 of the Annotated Code of Maryland.

III. BID SUBMISSION:

1. Bid Response Packages submitted in response to this solicitation must be uploaded to eMMA (https://emma.maryland.gov).

2. Prices shall be submitted via eMMA digital line items, referencing the Bid Response Package and Project Manual.

3. Duplicate bid submissions will not be accepted. Notice of intention to withdraw a bid and/or submission of a replacement bid is to be sent to the Procurement Officer via email.

4. Incomplete bid responses packages and digital line items may result in the rejection of the contractor’s bid.

IV. LICENSES AND CERTIFICATES:

1. If the State of Maryland or other regulatory body requires a license or certificate to perform the services required, a copy of the license number and date of issuance must be submitted with the Bid Response Package.

2. A physical copy of the license must be provided to the Department upon request by the Procurement Officer.

V. INSURANCE REQUIREMENTS:

1. The base bid shall include without limitation, labor, materials, bailing, shoring, removal, overhead, profit, insurance (including builder’s risk insurance, if applicable) etc.

2. Builder's Risk Insurance is NOT required for this project.

3. Refer to the General Conditions for Construction Projects, 10.01: Insurance Requirements.

VI. TIME FOR BID ACCEPTANCE:

1. The Contractor agrees that the bid price(s) submitted will be firm for a timer period of one hundred twenty (120) calendar days from the bid opening date.

2. After bid opening, the Procurement Officer may request bidders to extend the time during which the State may accept their bids, provided that, with regard to bids, no other change is permitted.

VII. ALL NON-RESIDENT BIDDERS:

Provide information with your bid as required by Section 12 of the DGS Instructions to Bidders.

https://emma.maryland.gov/

VIII. BID BOND, PERFORMANCE and PAYMENT BOND:

1. Solicitations for construction contracts reasonably expected by the procurement officer to exceed the small procurement threshold for construction in Md. Code Ann., State Fin. & Proc. (SFP) § 13-109 ($200,000 as of October 1, 2025) shall contain notice of bid/proposal security requirements (See COMAR 21.06.07).

2. Solicitations for all other contracts reasonably expected by the procurement officer to exceed the small procurement threshold in SFP § 13-109 ($100,000 as of October 1, 2025) and for which the Bid/Proposal Bond Attachment is included, shall contain notice of the bid/proposal security requirements.

3. Notwithstanding 1 and 2 of this section, notice of bid/proposal security is required if a federal law or a condition of federal assistance for the contract requires it.

IX. PAYMENT TO CONTRACTORS:

Payments to the Contractor pursuant to this Contract shall be made no later than 30 days or within 15 days for an SBR contract, after the State’s receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public utilities, as applicable, are prohibited.

X. COMPLETION TIME AND LIQUIDATED DAMAGES:

The work shall be completed within 90 calendar days from the date of Notice to Proceed.

If the work is not completed within the time period specified, the Contractor will be liable for liquidated damages of $250.00 per calendar day, as specified in the “DGS General Conditions”.

XI. LIQUIDATED DAMAGES FOR MBE SUBCONTRACTORS

1. The Contract requires the Contractor to comply in good faith with the MBE Program and

Contract provisions. The State and the Contractor acknowledge and agree that the State will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not comply in good faith with the requirements of the MBE Program and MBE Contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult to ascertain with precision.

2. Therefore, upon issuance of a written determination by the State that the Contractor failed to comply in good faith with one or more of the specified MBE Program requirements or MBE Contract provisions, the Contractor shall pay liquidated damages to the State at the rates set forth below. The Contractor expressly agrees that the State may withhold payment on any invoices as a set-off against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of such violation.

A) Failure to submit each monthly payment report in full compliance with COMAR

21.11.03.13B (3): $33.09 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):

$115.80 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 amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the Contract.

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

3. Notwithstanding the assessment or availability of liquidated damages, the State reserves the right to terminate the Contract and exercise any and all other rights or remedies which may be available under the Contract or Law.

XII. AWARD AND EXECUTION OF THE CONTRACT:

1. The basis of the award will be to the lowest responsive and responsible bidder submitting the lowest Total Bid amount including any unit prices and alternates. All Unit Prices listed will be evaluated and awarded.

2. If notified by the Procurement Officer of “Intent to Award”, the following must be provided to the Department of Natural Resources via email to the Procurement Officer.

A) Certificate of Insurance B) Current W-9 C) Contract Affidavit (unless previously submitted with Bid Response Package)

Failure to submit these documents within 10 days of notification of “Intent to Award” may result in the rejection of the bid.

3. Upon review and approval of the Department and/or the Board of Public Works, an executed contract will be emailed to the Contractor. The Contract issued as a result of the Bid Solicitation and any subsequent amendments, modifications, or renewal options issued relevant to the Bid Solicitation or Contract, shall comply with all of the terms and conditions and specifications issued with the Bid Solicitation and are incorporated in and made part of the Contract.

XIII. INVOICING AND PAYMENTS

1. Upon completion and acceptance of the completed scope of work by the State, the Bidder shall submit a proper invoice for payment. According to COMAR 21.06.09.01(C), a proper invoice must include, without error, the Contractor's federal employer identification number or Social Security number, the Purchase Order Number, and any documentation required by regulation or the procurement contract. The Department requires the Contractor's address, phone number, and the address where the work was provided to be included. All invoices must be submitted to:

Maryland Department of Natural Resources Accounts Payable 580 Taylor Avenue, B-4 Annapolis, MD 21401 johne.nuth@maryland.gov

Failure to provide a proper invoice may result in a delay in payment.

2. Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments to the Contractor will be made no later than 30 days after the State's receipt of a proper invoice from the Contractor. Payment will be considered to be made on the settlement date for an electronic funds transfer payment, or the mailing date of the check for a check payment.

3. Contractors are entitled to interest on late payments at the rate of 9 percent per annum per

COMAR 21.06.09.06 (A) if an invoice is submitted within 30 days after the date of payment and a contract claim has not been filed. The State is not liable for interest accruing more than one year after the 31st day after the agency receives a proper invoice or on unpaid interest.

4. 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.

5. Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract.

XIV. CONSTRUCTION CONTRACT RETAINAGE

Contract retainage of 5% the total award value applies to all construction contracts in the amount of $200,000 or more; or if Minority Business Enterprise or Veteran-Owned Small Business Enterprise subcontracting participation goals are applied.

mailto:johne.nuth@maryland.gov

See COMAR 21.06.06.01.

XV. PAYMENT OF EMPLOYEE HEALTH CARE EXPENSES CERTIFICATION:

1. Payment of Employee Health Care Expenses Certification (Attachment O), Under State

Finance & Procurement Article Title 17, Subtitle 8, Form must be submitted with the bid.

2. Failure to submit the form will deem the bidder as non-responsible and the bid will be rejected under COMAR 21.06.01.01.

XVI. PREVAILING WAGE RATES:

Prevailing wage rates apply to all contracts in the amount of $250,000.00 or more. Wage rates applicable to projects of $250,000.00 or more are attached to the specifications.

XVII. CHANGES/MODIFICATIONS TO THE CONTRACT:

This Contract may be amended only with the written consent of both parties. Amendments may not change significantly the scope of the Contract (including the Contract price).

Contract modifications to a small procurement contract shall be administered in accordance with the delegations specified in COMAR 21.02.01.04 and the procedures promulgated by the Departments.

XVIII. TERMINATION FOR NON-APPROPRIATION:

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract will be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

XIX. TERMINATION FOR CONVENIENCE:

The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

XX. TERMINATION FOR DEFAULT

If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, will be governed by the provisions of COMAR 21.07.01.11B.

XXI. DETAILED SPECIFICATIONS:

See the published Project Manual dated 03/03/2026 on eMMA.

Please email any reasonable ADA accommodation request for attending the pre-bid conference directly to the Procurement Officer no later than Friday, November 6, 2026 at 11:00am (five business days before the pre-bid conference date).

8. All questions pertaining to this project must be submitted in writing via email to the Procurement Officer. Questions shall be submitted by Wednesday, November 18, 2026, by 4:00 PM. Response to all questions will be loaded into the eMMA solicit...