70EMGEN30SB IFB Emergency Standby Generator Maintenance _.pdf

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70EMGEN30SB_EMERGENCY/STANDBY GENERATOR MAINTENANCE
Solicitation number
BPM059431
Issued by
Howard County, Maryland

About this file

This Invitation for Bids (IFB) document from the Maryland State Highway Administration (SHA) solicits bids for comprehensive preventive maintenance, repairs, and testing services for emergency/standby generators located at two SHA facilities: the Dayton Maintenance Facility (4401 State Route 32, Dayton, MD 21036) and the Jessup Maintenance Facility (7295 Waterloo Road, Jessup, MD 20794). The Dayton facility houses a 1998 Generac generator (Model SD250-036133D18CPYNY, 312.5 KVA, 208V, 3-phase) powered by a 750-gallon diesel tank, while the Jessup facility contains a 2014 MTU Onsite Energy generator (Model MTU6R0113 DS200, 208V/693 Amps) with a 850-gallon diesel tank. The pre-bid conference is scheduled for October 27, 2026, at 10:00 AM at the Dayton Shop with an optional site visit at the same location. Questions must be submitted by October 29, 2026, at 2:00 PM local time, with bids due by November 4, 2026, at 2:00 PM local time. The public bid opening will occur on November 4, 2026, at 2:30 PM at the Dayton facility. The contract term is 36 months or until contract funds are depleted, whichever occurs first, with a single award intended.

This is a fixed-price contract with pricing to be submitted on the required Price Form (Attachment B). The solicitation is designated as a Small Business Reserve (SBR) procurement, restricting eligibility to Maryland Department of Social and Economic Mobility (DoSEM) certified small businesses unless no small business interest is demonstrated. No MBE/DBE or VSBE subcontracting goals are specified, and the contract contains no federal funding. Bidders must meet minimum qualifications including three years of commercial business operation with a current Maryland Business License, three or more commercial generator service references from the preceding 24 months, sufficient liability insurance coverage, and the capability to provide 24-hour emergency services with a four-hour maximum response time. Services include annual scheduled maintenance with specific requirements for cooling systems, air intake, exhaust systems, lubrication, fuel systems, starting systems, load bank testing (one per generator annually in fall using dry-type load banks), and detailed reporting. The contractor must provide 24-hour, seven-day-a-week emergency response capability, with routine service available Monday through Friday, 7:30 AM to 4:00 PM, excluding state holidays. All work is billed on a time and materials basis with labor charged at hourly rates established in the bid, and invoices must be submitted within 15 days of work completion. The State of Maryland is exempt from sales and excise taxes and will not reimburse travel expenses.

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EMERGENCY/STANDBY GENERATOR MAINTENANCE

Solicitation # 70EMGEN30SB IFB Document

IFB for State Highway Administration Page 1 of 25

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

SHA

INVITATION FOR BIDS (IFB)

EMERGENCY/STANDBY GENERATOR MAINTENANCE

70EMGEN30SB

ISSUE DATE: 10/21/2026

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 25

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids EMERGENCY/STANDBY GENERATOR MAINTENANCE

Solicitation Number:

70EMGEN30SB

IFB Issue Date: 10/21/2026

IFB Issuing Office:

STATE HIGHWAY ADMINISTRATION (SHA)

Procurement Officer:

Stephen Rush 4401 State Route 32 Dayton, MD 21036

Email:

Phone Number:

Srush2@mdot.maryland.gov

410-531-5533

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

70EMGEN30SB

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

N/A

Pre-Bid Conference:

10/27/2026 at 10:00 AM Local Time

State Highway Administration, Dayton Shop

4401 State Route 32, Dayton, MD 21036

Scheduled Site Visit

Same as Pre-Bid Conference

Questions Due Date and Time:

October 29, 2026, by 2:00 PM Local Time

Bid Due (Closing) Date and Time:

November 4, 2026, at 2:00 PM Local Time mailto:Srush2@mdot.maryland.gov

IFB for State Highway Administration Page 3 of 25

Public Bid Opening Date, Time, and Location

November 4, 2026, at 2:30 PM Local Time State Highway Administration 4401 State Route 32 Dayton, MD 21036

MBE/DBE

Subcontracting Goal:

N/A

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of __0___% N/A

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:

36 Months

Primary Place of Performance:

State Highway Administration (SHA), Dayton Maintenance Facility, 4401 State Route 32, Dayton, MD 21036

State Highway Administration (SHA), Jessup Maintenance Facility, 7295 Waterloo Road, Jessup, MD 20794

SBR Designation: YES

Federal Funding: NO

IFB for State Highway Administration Page 4 of 25

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

2.3 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 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)

3.10.2 Non-Disclosure Agreement (Contractor)

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)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

IFB for State Highway Administration Page 5 of 25

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

IFB for State Highway Administration Page 6 of 25

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 have been in the commercial business for a minimum of three (3) years, maintaining current State of Maryland Business License.

B. The Bidder shall provide with its bid “Attachment L Reference Checks” three (3) or more references; the name, address, telephone number and point-of-contact of at least three (3) firms, for which the bidder has provided commercial generator services within the preceding twenty-four (24) months. References will be checked prior to award. Any negative responses received may result in disqualification of the bid.

C. The Bidder must be covered by a sufficient amount of liability insurance. Documentation is to be provided to MDOT SHA prior to ‘notice of award’ being issued.

D. The bidder shall have the capability to provide 24-hour, 7 day a week emergency services, and emergency phone number shall be provided. The response time for an emergency callout shall be within 4 hours from the time of notification by a MDOT SHA representative.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for State Highway Administration Page 7 of 25

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

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 qualified Contractor to provide comprehensive and reliable preventive maintenance, repairs and testing in accordance with the IFB for the Emergency/Standby Generators located at the (1) Dayton Maintenance Facility, 4401 State Route 32, Dayton, MD 21036 (2) Jessup Maintenance Facility, 7295 Waterloo Road, Jessup, MD 20794.

2.1.1

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.

2.1.2 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.

2.2 Background and Purpose

This specification describes the requirements to provide scheduled services, maintenance, inspections, load testing, operations test and repairs at the locations specified in the Invitation for Bid (IFB) for a period of 36 months or until contract funds have been depleted, whichever comes first.

2.3 Contractor Responsibilities and Tasks

The contractor shall provide a comprehensive and reliable preventive maintenance service program for the Emergency / Stand by Generators for the following locations:

(1) Dayton Maintenance Shop, 4401 Route 32, Dayton, MD 21036

Generac

01/14/1998

Generator Date: Model 97A07243S

Type SD250-036133D18CPYNY

6 Cylinder Hino Engine

Alternator Data:

Serial No. 2039009

120/208 Volt

IFB for State Highway Administration Page 8 of 25

867.4 AMPS KVA 312.5

Phase 3 Hertz 60

R.P.M. 1800

Power Factor: 8

Engine & Assembly: 78187 86751 00000

Mount Base: A1496 89394 00000

Control Panel: 84852 00000 00000

Generator: 86487 88781 94508 00000

This generator is diesel fueled by 750 gallon above ground tank.

(2) Jessup Shop, 7295 Waterloo Road, Jessup, MD 20794

MTU Onsite Energy

Diesel Generator

Generator Date: 10/07/2014

Model: MTU6R0113 DS200

3 Phase / 208 volt / 693 Amps

Engine: John Deere 315 HP

Model: 6068HFG85

Ser. No. PE6068L956370

Gen. Ser. No. 3011876

Transfer Switch

Make: ASCO

Model: H03ATSA30800CGXH

Ser. No. 1126029-RE

Type: Auto

208V/800Amps

This generator is diesel fueled by a 850 gallon above ground tank.

Services / Maintenance Required

IFB for State Highway Administration Page 9 of 25

Conduct detailed inspection of the generator components as recommended by the manufacturer for maintenance.

1.) Inspect Overall Appearance

2.) Cooling System:

• Record and maintain operational temperature.

• Check/Replace belts as needed.

• Check cooling system (Radiator, hoses, and hose clamps, etc.) for leaks and make replace/recommendations as required.

• If equipped with a water heater check to ensure that it is operational.

• Test and change Anti-freeze as recommended by the manufacturer for proper protection, acidity level and PH factors.

• Change water filter(s) as recommended by the manufacturer or when needed.

• If air cooled by fins, fans, and/or shrouds will all be inspected and cleaned as required by manufacturer.

3.) Generator Air Intake System:

• Inspect air filters, replace them annually or as specified by manufacturer whichever occurs first.

• Inspect and maintain complete air intake system including louvers / shutters for proper operation while generator is operational in all modes.

4.) Generator Exhaust System:

• Inspect entire exhaust system for cracks, rust, restrictions, or other damage including mounting hardware.

• Drain condensation traps in system.

• Check and maintain exhaust cap cover for proper operation.

5.) Lubrication System:

• Check Engine oil levels and maintain at proper level.

• Record engines operational oil pressure.

• If equipped with oil heater check to ensure proper operation.

• Change oil and filter annually or as specified by manufacturer whichever occurs first.

• Check seals and gaskets for leaks.

• Have oil analyzed annually when changed.

6.) Fuel System:

• Replace fuel filter as recommended by manufacturers or annually whichever occurs first.

• Check fuel line for leaks, repair or replace as required.

• Analyze fuel annually for contamination to ensure proper condition for use.

IFB for State Highway Administration Page 10 of 25

• Check and maintain day fuel tank and pump if applicable, service in accordance with manufacturer recommendations or as required.

7.) Starting System:

• Inspect Battery for specific gravity, check fluid level, clean and tighten battery cables and correct as needed.

• Load tests battery to verify holding capacity and sufficient charge for emergency operation.

• Check battery charger to ensure proper operation (if so equipped).

• Inspect and maintain all ignition, electrical wiring and relays for proper operation.

8.) Test Run the System:

• Check oil pressure, water temperature, and battery charging rate for operational readings in compliance with the manufacturer specifications. Record these readings and maintain them in facility file.

• Check governor for proper operation in accordance with manufacturer recommendations.

• Check engine safety shutdown for proper operation.

• Adjust voltage and frequency as required to meet manufacturer recommendations.

9.) General requirements:

• It is the contractor’s responsibility to remove and properly dispose of all used materials accumulated during the service, maintenance, or repair operation.

• Grease or lubricate all necessary fittings (as required).

• Visually inspect vibration isolators.

• Visually inspect ducts, louvers, and actuators for proper operation.

• Visually inspect weatherproof enclosures.

• Visually check for worn and/or rubbing parts and components.

• Inspect and maintain generator room ventilation system.

• All the above repairs or make recommendations as required by manufacturer.

10.) Load Bank Test: The Contract provides for one load bank test per generator per year to be performed in the fall. A bid item has been established for the load bank tests in the Schedule of Prices and is priced on an average price per test per generator basis. The load test shall use dry type load banks specifically utilized for this purpose. The load bank will be capable of definite and precise incremental loading and shall not be dependent on the generator control instrumentation to read voltage and amperage of each phase. The test instrumentation will serve as a check of the generator set meters. Saltwater brine tank load banks are not acceptable for this purpose and are disallowed and will not be utilized for this test. The following items are the minimum service requirements for load bank testing per NFPA 110 5-13The contractor shall provide a written detailed report along with an “Inspection Checklist” describing the work that was performed and recommendations for corrective maintenance.

IFB for State Highway Administration Page 11 of 25

• Perform a stepped load bank test the following shall be observed and recorded at 25%, 50 %, 75%, and 100% load of diesel generators on-site at its rated KW capacity for a minimum of 2 hours.

• The fuel consumption, actual KW, line voltage, line current, oil pressure, coolant temperature, RPM & battery voltage shall be recorded at agreed intervals of run time.

• Record the voltage, phase-to-phase, and phase-to-ground.

• Record the amperage per phase.

• Record the amperage in the system neutral.

• Ensure that all voltage and frequency deviations are within normal parameters for the generator system per manufactures specification. Make a notation of any unusual or problematic values.

• Water temp shall not exceed 210-degree F.

• Note and record color and appearance of exhaust after engine has stabilized at each step by simple description such as clear, little haze, white, bluish, gray, dark, etc.

Except for normal warm-up and load change stabilization, the stack should remain clear or little haze over the entire operating range.

• In addition to the data required above, cylinder exhaust temperatures are recorded using a hand-held contact pyrometer or other approved device. Cylinder exhaust temperatures should be within 50-degree F of each other to indicate loads are being divided equally among cylinders.

• The scheduled Services, Maintenance, Inspection, Load Test & Operational Test is All Inclusive, including all parts, labor, testing, transportation & equipment.

Performed once a year in the fall.

11.) Reports:

• The contractor shall provide a written detailed report along with an “Inspection

Checklist” describing the work that was performed and recommendations for corrective maintenance.

• Provide time and material estimate for recommended action.

• The scheduled Services, Maintenance, Inspection, Load Test & Operational Test is All Inclusive, including all parts, labor, testing, transportation & equipment.

Performed once a year in the fall.

12.) General Information:

The Contractor shall respond to routine service calls within twenty-four (24) hours after notification. Contractor shall respond to emergency calls within four (4) hours after notification.

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 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. The State recognized holidays are New Year’s Day, President’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

IFB for State Highway Administration Page 12 of 25

Every visit to the MDOT SHA facility the contractor must sign in at the front office and start a new work order / service ticket. Before leaving the facility, the contractor must get an authorized signature on the work order, and a copy must be left. The work order must show the exact number of hours MDOT SHA will be invoiced.

Labor items will be paid on an hourly rate. All work to be performed during normal business hours between the hours of 7:30 a.m. and 4 p.m.

Time and Material Repair: Man-hours paid under this contract shall be only for productive hours at the job site.

One service charge may be applied to each call out. No additional fees for travel to and from the worksite, lunch, material acquisition, handling and delivery, or movement of contractor owned or rented equipment will be chargeable directly to MDOT SHA but is overhead and shall be included in the service charge rate, unless prior approval is granted by the Contract Manager.

If the contractor comes out to perform a service or repair and does not complete the job and must return the following day(s), only one service charge may be applied per call out.

MDOT SHA has the option to purchase any individual part/material for the service/repair that exceeds $250.00 in cost. An original copy of the Vendor’s source invoice(s) for all parts/materials used for repairs/services must accompany the invoice 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 SHA CM or AR.

After each service visit the work site shall be cleaned of all surplus and discarded materials, spilled materials, excess materials left deposited within the limits of the work site.

No subcontractors are allowed to be used for this IFB without the written consent of the Contract Manager.

Payment:

Subject to the performance of the work and its acceptance by the SHA, successful respondents may invoice the SHA for all appropriate charges for services performed within fifteen (15) days after completion of the approved work. All such charges shall be

IFB for State Highway Administration Page 13 of 25 derived in accordance with the prices originally quoted on the Contract Bid Form, attached hereto, and made a part hereof. If successful respondent is not in default of any of the contract terms and conditions, then SHA shall cause said invoice to be paid timely.

Invoices must contain the complete company name, address, telephone number, contact person, F.E.I.N. (Federal Employment Identification Number), and SHA contract number for this contract and a unique invoice number. Invoice shall contain details of services and include copies of the signed service tickets that apply. Failure to do so may result in delays of payment. Invoices held for verification, missing information, or returned for corrective re-submittal shall not be subject to late fees.

Invoices shall be sent to the following address:

State Highway Administration

4401 State Route 32, Dayton, Maryland 21036

Note: The State Highway Administration is exempt from Maryland Sales and Use Taxes by Exemption Certificate Number 3000256-3 and from Federal Excise Taxes by Exemption Number 52-73-0358K. Do not include tax.

2.4 Supplemental Category of Work Requirements and Responsibilities

N/A

IFB for State Highway Administration Page 14 of 25

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.

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.

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.

IFB for State Highway Administration Page 15 of 25

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. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the _15th__ business day of the month following the end of the invoice period.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

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

IFB for State Highway Administration Page 16 of 25

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.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under 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.

3.10.2 Non-Disclosure Agreement (Contractor)

A Non-Disclosure Agreement (Contractor) 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/.

https://dllr.state.md.us/paidleave/

IFB for State Highway Administration Page 17 of 25

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:

A. 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.

B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

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

3.13.3 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.

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

3.13.5 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.

3.13.6 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.

https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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IFB for State Highway Administration Page 19 of 25

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/

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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: 120 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.

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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 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

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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.

4.12.3 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:

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.

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

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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 containing 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, B, I, J, and L may be rejected if the required Attachment is not submitted or is incomplete.

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 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

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TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

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.)

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

J Mercury Affidavit https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.- Mercury-Affidavit.pdf

L

Reference Checks (Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past 5 years) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-

L.-Reference-Checks.pdf

Additional Required Documents with the Bid

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in IFB Section 1. If references are required in IFB Section 1, those references shall be included in Attachment L. Reference Checks.

Acknowledgement of all addenda to this IFB.

4.20 Bid Delivery Instructions

Each Bidder shall submit its Bid Package as specified below.

Bids shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

Bidders shall provide their Bids in one submission through eMMA following the Quick Reference Guides (QRG) labeled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

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 https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.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-L.-Reference-Checks.pdf https://procurement.maryland.gov/emma-qrgs/ https://procurement.maryland.gov/emma-qrgs/

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4.21 Bid Evaluation Criteria and Award Basis

The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.02.13. All Bids will be ranked from the lowest (most favorable) to the highest (least favorable) price based on the Total Bid Price as submitted in its Bid.

A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable Bid Price or most favorable evaluated Bid Price for providing the goods and services as specified in this IFB.

Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Resident Maintenance Engineer (RME) following any approvals of the Contract required by law or regulation.

4.22 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

1 Minimum Qualifications
1.1 Bidder Minimum Qualifications
2 Contractor Requirements: Scope of Work
2.1 Summary Statement
2.1.1
2.1.2 This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.
2.2 Background and Purpose
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 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

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