826980herbMddot.pdf

Herbicide Spraying Services

Solicitation #: CEWEED29SB IFB Document

IFB for MDOT SHA Elkton Maintenance Facility Page 1 of 20

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

SHA

INVITATION FOR BIDS (IFB)

HERBICIDE SPRAYING SERVICES

IFB NUMBER CEWEED29SB

ISSUE DATE: 5/28/2026

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 business vendors. 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 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 MDOT SHA Elkton Maintenance Facility Page 2 of 20

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Herbicide Spraying Services along highways in Cecil County

Solicitation

Number:

CEWEED29SB

IFB Issue Date: 5/28/2026

IFB Issuing

Office:

Maryland Department of Transportation, State Highway Administration, Elkton Maintenance Facility

Procurement

Officer:

Mr. Leslie Nichols

2024 East Old Philadelphia Road, Elkton, Maryland 21921

Email:

Phone Number:

lnichols5@mdot.maryland.gov

410-398-1565

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

CEWEED29SB

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

Pre-Bid

Conference:

N/A

Scheduled Site

Visit If you would like to schedule a site visit, please contact the procurement officer. This is not required and does not impact our evaluation of the bids but may help you understand the scope of work better.

Questions Due

Date and Time:

6/4/2026 at 1PM Local Time

Bid Due (Closing)

Date and Time:

6/5/2026 at 1PM Local Time

Public Bid

Opening Date, Time, and

Location

6/5/2026 at 1PM Local Time

Microsoft Teams meeting

IFB for MDOT SHA Elkton Maintenance Facility Page 3 of 20

Join:

https://teams.microsoft.com/meet/2339411571068

55?p=bGVnHJxz32aiylV5iZ

Meeting ID: 233 941 157 106 855

Passcode: Pm6cg9nj

Need help? | System reference

Dial in by phone

+1 667-262-2962,,990262340# United States, Baltimore

Find a local number

Phone conference ID: 990 262 340#

MBE/DBE

Subcontracting

Goal:

N/A

VSBE

Subcontracting

Goal:

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:

Bids may be modified or withdrawn by written notice received by the procurement officer before the time and date. If there is no written notice, the most current bid will be used.

Contract Type: Firm fixed price per defined quantity.

Contract

Duration:

Two years or until quantities exhausted.

Primary Place of

Performance:

MDOT SHA Elkton Maintenance Facility

2024 East Old Philadelphia Road, Elkton, Maryland 21921

SBR Designation: Yes, small business reserve. 100 or less employees. 3 million or less in gross sales per year, average across the last 3 years.

https://teams.microsoft.com/meet/233941157106855?p=bGVnHJxz32aiylV5iZ https://teams.microsoft.com/meet/233941157106855?p=bGVnHJxz32aiylV5iZ https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTY2YjUxNjYtNTM2NS00YWFiLWIzM2MtNzEyODE1MTA0NGIz%40thread.v2/0?context=%7b%22Tid%22%3a%22b38cd27c-57ca-4597-be28-22df43dd47f1%22%2c%22Oid%22%3a%22a50dd5e7-31f0-4b3a-950f-d2e7e204602d%22%7d tel:+16672622962,,990262340 https://dialin.teams.microsoft.com/bf475622-ba25-438e-9483-abd330e2c794?id=990262340

IFB for MDOT SHA Elkton Maintenance Facility Page 4 of 20

Federal Funding: No

IFB for MDOT SHA Elkton Maintenance Facility Page 5 of 20

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

By submitting a bid, the Contractor certifies to the Administration that they possess all necessary equipment, facilities, personnel, and work experience to fulfill the terms of the Contract at the time of bid submission, or that they shall have the necessary equipment and personnel and be ready to proceed on the date of “Notice to Proceed” (NTP).

There is no subcontracting. Your employees and vehicles must do the work. SHA may request payroll or vehicle documentation.

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

A. The Contractor shall submit a valid Maryland Pesticide Business License in Category 6 –

Right of Way and Weed, along with the bid. License shall remain valid throughout the term of the Contract.

B. The foreman shall possess a valid Maryland Pesticide Applicator Certificate in Category 6 –

Right of Way and Weed throughout the term of the Contract.

C. All members of the Herbicide Application Crew shall possess a valid Maryland Pesticide

I.D. card throughout the term of the Contract.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for MDOT SHA Elkton Maintenance Facility Page 6 of 20

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland

(“State”): MDOT SHA Elkton Maintenance Facility is soliciting bids for a two-person crew with a truck, minimum 200 gallon tank, either bed mounted or trailer mounted, and fan tip nozzle to provide herbicide spraying services along the right of way on highways in Cecil County as needed.

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

SHA performs tractor mowing, hand mowing, and weed eating. In addition to physical removal, SHA also supplements with chemical herbicide application in turf areas, around traffic barriers, guardrails, signs, fences, bridge ends, roadside and crossroad pipe ends, delineators, and shoulders.

2.2.1 State Staff and Roles

A. Procurement Officer is Mr. Leslie Nichols. Resident Maintenance Engineer is Mr.

James Bolado.

B. SHA shall provide herbicide concentrate, water, and required maintenance of traffic.

C. Working hours may be reduced due to unfavorable weather or road conditions.

1. If the Contractor begins scheduled work and the Engineer cancels it because of weather conditions, the Contractor will be paid a minimum of

3 hours for the Herbicide Application Crew. Time exceeding the initial 3 hours will be pro-rated to the next one-half hour increment for the actual time on site or performing work.

2. If the Engineer cancels work before the Contractor arrives on the work site or SHA yard, there is no minimum pay, travel pay, or attempt pay.

2.3 Contractor Responsibilities and Tasks

2.3.1 The Contractor shall abide by all MOSH and OSHA regulations and THE MANUAL ON

UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) Traffic Guidelines while performing this work. This includes supplying and wearing all PPE such as gloves, eye protections, Ansi class 3 rated apparel, etc.

2.3.2 The Contractor shall supply a two-person herbicide application crew, consisting of a

Foreman and an Equipment Operator/Helper.

A. Foreman shall be responsible for the following:

IFB for MDOT SHA Elkton Maintenance Facility Page 7 of 20

1. Applying herbicide solutions based upon all site conditions, spray materials, vegetation to be controlled, speed of equipment, wind speed and direction, direction of traffic and other factors. Foreman shall possess a copy of calibration sheets in spray truck at all times.

2. Daily recording and forwarding of the “Team Activity Card” to the

Administration’s shop. Team Activity Cards will be supplied by the

Administration. See sample in the Integrated Vegetation Management

Manual for Maryland.

3. Scheduling meeting with the Engineer, prior to beginning work, to establish the sequence of routes to be sprayed and the traffic protection equipment and devices required.

B. Equipment Operator/Helper shall be a physically qualified equipment operator, possessing a Maryland Pesticide Service I.D. card at the time bids are submitted, and shall assist the foreman with the work listed above.

C. The foreman and operators shall be qualified to drive the equipment and shall demonstrate their ability to operate the specialized spray equipment required to apply herbicides. The foreman shall possess the knowledge and ability to distinguish between desirable and undesirable vegetation as specified by the Engineer.

D. The Contractor shall assign to the Contract, as his agent, a competent foreman capable of communicating in English, and capable of reading and thoroughly understanding the

Contract documents. The Contractor shall furnish the Engineer with the cell phone number of the Foreman assigned to the Contract.

2.3.3 The Contractor shall report to the designated starting point within five (5) days of receiving notice that herbicide application operations are to begin. The Engineer may extend this window at their discretion due to the weather or other conditions that might unfavorably affect the application of herbicides. The Contractor shall furnish the

Engineer with the name, address, and phone number of an individual in his/her firm who can be contacted by the Engineer at any time in the event that the scheduled work has been revised.

2.3.4 The Contractor shall be responsible for the safe handling and mixing of herbicides. All work shall be performed at the direction of the Engineer or their designee, and under

Maryland Department of Agriculture ‘Regulations Pertaining to Pesticide Application’

(15.05.01). All work shall be performed in strict accordance with the provisions of the

Maryland Pesticide Applicator's Law, State Highway Herbicide Application Standards, and the manufacturer's label and conform to all applicable State and local regulations concerning herbicide use.

2.3.5 The Contractor’s truck shall be of sufficient size to meet the State Motor Vehicle laws and regulations to haul a skid-mounted sprayer or pull a trailer-mounted sprayer. The truck bed shall be sufficient to accommodate a sprayer operator, herbicide concentrates and other incidental equipment or supplies necessary for a day's operation of the sprayer.

The truck shall also be equipped with a 360-degree amber warning light with at least two rotating or flashing bulbs, tachometer, standard transmission having at least four forward speeds, necessary seat belts, one BC 5-pound fire extinguisher, an OSHA approved first aid kit, an OSHA approved eye wash kit, a CB radio, or approved communication device and any other incidentals required for the normal operation of this vehicle.

IFB for MDOT SHA Elkton Maintenance Facility Page 8 of 20

2.3.6 The Contractor’s sprayer shall be a minimum 200-gallon spray unit, truck or trailer mounted, equipped with a mechanical or hydraulic sparing tube or twin jet agitator capable of producing vigorous agitation of the herbicide solution; a centrifugal pump capable of producing a minimum volume of 20 gallons per minute, at a maximum pressure of 40 psi. The unit shall apply 50 to 100 gallons of herbicide solution, per acre at a nozzle pressure not to exceed 40 psi. The sprayer shall also be equipped with a hose reel accommodating a minimum of 100 feet of 1/2 inch rubber hose and a trigger-type handgun, with a 6504-flat fan nozzle. The spray tank shall be equipped with an antivortex device and a liquid level site tube marked in increments of not less than 25 gallons. The tank shall also have a fill line equipped with an airgap for filling tank with water. All equipment will require the approval of the Engineer and any substitutions shall need prior approval.

2.3.7 The Contractor shall supply a 6515-nozzle system which is adaptable for either side of the truck as detailed in the illustration for guardrail application. An on/off valve and a stainless steel 0-60 psi oil-filled pressure gauge shall be included for use to control the spray patterns of the above nozzle system and handgun. All nozzles shall be equipped with a 50-mesh check valve strainer.

2.3.8 The Contractor shall supply a high-volume water pump capable of delivering 200 gallons of water within 5 minutes. This pump’s suction end shall be equipped with an anti-syphoning device, i.e. check valves, etc., as required by the Maryland Department of

Agriculture. Each sprayer shall include a water pump.

2.3.9 The Contractor shall be responsible for replacing, at their expense, any plant material which is killed or disfigured through any act of negligence relating to the application and handling of herbicides.

A. Payment Information (reference to Standard Terms)

B. Work Orders (reference to Standard Terms)

C. Security Requirements (reference to Standard Terms)

D. Insurance Requirement

2.4 Supplemental Category of Work Requirements and Responsibilities

1. Working hours shall be 6:30 a.m. to 3:00 p.m. (1/2-hour lunch break) Monday through Friday, except for State holidays. High volume roadways will require work hour restrictions. Work will not be permitted on Saturdays, Sundays, or State holidays without the written permission of the Engineer. The Contractor shall receive orders from the Engineer or their designee.

2. The 8-hour working day shall NOT include time spent making repairs requiring more than 1 hour, nor time spent on routine equipment maintenance.

IFB for MDOT SHA Elkton Maintenance Facility Page 9 of 20

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 MDOT SHA Elkton Maintenance Facility Page 10 of 20

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 an invoice within one month of the completion of a work cycle.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 Problem Escalation Procedure

Not applicable.

3.5 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. 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.

3.6 Prompt Payment Policy

Not applicable. This contract does not allow subcontracting.

3.7 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment C) 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.

3.8 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

IFB for MDOT SHA Elkton Maintenance Facility Page 11 of 20

Maryland. See the Department of Labor, Licensing and Regulations website for Maryland

Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

3.9 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.

3.10 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:

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

A. Commercial General Liability – One hundred thousand ($100,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and one-hundred thousand ($100,000) 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-hundred thousand dollars ($100,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

C. Automobile or Commercial Truck Insurance – The Contractor shall maintain

Automobile or Commercial Truck insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less thank those required by the State where the vehicles(s) is registered, but in no case less thank those required by the State of Maryland.

3.10.2 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.

3.10.3 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.

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

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

IFB for MDOT SHA Elkton Maintenance Facility Page 12 of 20

3.10.5 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.

3.10.6 Subcontractor Insurance

Not applicable. This contract does not allow subcontracting.

IFB for MDOT SHA Elkton Maintenance Facility Page 13 of 20

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. 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: 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.

4.3 Pre-Bid Conference

No applicable. There is no pre-bid conference.

4.4 Questions

All questions, including concerns, 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.

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).

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

IFB for MDOT SHA Elkton Maintenance Facility Page 14 of 20

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.

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).

IFB for MDOT SHA Elkton Maintenance Facility Page 15 of 20

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

Not applicable. This section is for subcontractors and subsidiaries.

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

IFB for MDOT SHA Elkton Maintenance Facility Page 16 of 20

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

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

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

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification for 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:

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

B

The Price Form (as specified within eMMA)

Do not alter this Price Form or the Bid may be determined to be not responsive.

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

(See Appendix 2 for specific Price Form Instructions.)

C Conflict of Interest Affidavit and Disclosure

IFB for MDOT SHA Elkton Maintenance Facility Page 17 of 20

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf

Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

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 E. Reference Checks.

Acknowledgement of all addenda to this IFB.

4.20 Bid Delivery Instructions

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.

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 State Highway Administration following any approvals of the Contract required by law or regulation.

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/emma-qrgs/ https://procurement.maryland.gov/emma-qrgs/

IFB for MDOT SHA Elkton Maintenance Facility Page 18 of 20

4.22 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.23 Reciprocal Preference

Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

A. The Maryland resident business is a responsible Bidder;

B. The lowest responsive Bid is from a responsible Bidder whose principal office, or principal base of operations, is in another state;

C. The other state gives a preference to its resident businesses through law, policy, or practice; and

D. The preference does not conflict with a federal law or grant affecting the procurement

Contract.

The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

4.24 Documents Required upon Notice of Recommendation for Contract Award

(Table B)

Upon receipt of a notification of recommendation for contract award, along with submitting the signed Contract (see Exhibit 2 - Sample Contract), the following documents shall be completed and submitted by the recommended awardee within ten (10) business days, unless otherwise directed by the Procurement Officer.

IFB for MDOT SHA Elkton Maintenance Facility Page 19 of 20

Click the link to download each required Attachment in the Table B below:

TABLE B - Documents Required upon Notice of Recommendation for Contract Award

Attachment Attachment Name

A

Certificate(s) of Insurance:

Commercial General Liability Insurance, Workers Compensation

Insurance & Automobile Insurance

B W-9 Request for Taxpayer Identification Number

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for MDOT SHA Elkton Maintenance Facility Page 20 of 20

5 IFB Appendices and Exhibits

The Appendices and Exhibits listed below in Tables C and D are reference documents as needed to assist the bidders in preparing their bids in response to this solicitation. If a specific Appendix or

Exhibit is not required for this solicitation, it is listed in the tables as “Not applicable” or “N/A”.

5.1 Appendices (Table C)

TABLE C - APPENDICES

Appendix # Appendix Name

1 N/A

2 Price Form Instructions

3 N/A

4 N/A

5 N/A

6 N/A

7 N/A

IFB for MDOT SHA Elkton Maintenance Facility Page 21 of 20

5.2 Exhibits (Table D)

TABLE D - Exhibits

Exhibit # Exhibit Name

1 N/A

2 Sample Contract

3 N/A