828633mddotDOELEV30SB.pdf

Cambridge Maintenance Shop and Sailwinds Visitor Center Elevator Service IN DORCHESTER COUNTY

Solicitation #: DOELEV30SB

IFB Document

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STATE OF MARYLAND

MARYLAND STATE HIGHWAY ADMINISTRATION

(SHA)

INVITATION FOR BIDS (IFB)

Cambridge Maintenance Shop and Sailwinds Visitor Center Elevator Service IN DORCHESTER COUNTY

IFB NUMBER DOELEV30SB

ISSUE DATE: 06/04/2026

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.

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Maintenance- Cambridge Maintenance Shop and Sailwinds Visitor Center Elevator Service Dorchester County

Solicitation Number:

DOELEV30SB

IFB Issue Date: 06/04/2026

IFB Issuing Office:

Maryland State Highway Administration (SHA or the "Administration")

Procurement Officer:

Asbury Jones

2954 Old Route 50, Cambridge MD 21613

Email:

Phone Number:

ajones@mdot.maryland.gov

410-228-4977

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

DOELEV30SB

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

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid Conference:

Not Applicable to this IFB

Scheduled Site Visit

Not Applicable to this IFB, Please contact April Hall or Jr Hobbs for information in visiting site @(410)228-4977

Questions Due Date and Time:

06/26/2026 12:00 PM Local Time

Bid Due (Closing) Date and Time:

07/01/2026 2:30 PM Local Time

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Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

Public Bid Opening Date, Time, and Location

07/01/2026 2:30 PM Local Time

2954 Old Route 50, Cambridge MD 21613

MBE [[OR]] DBE

Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of __0___ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

_____% for African-American MBEs;

_____% for Asian-American MBEs;

_____% for Hispanic-American MBEs; and

_____% for Woman-Owned MBEs.

Not Applicable to this IFB

Refer to Exhibit 1 for information on how goal setting was determined.

Also, refer to Appendix 4 for information about the MBE or DBE program and goals.

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of _0___%

Not Applicable to this IFB

Refer to Exhibit 1 for information on how goal setting was determined. Also, refer to Appendix 5 for information about the VSBE program and goals.

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 with Time and Materials for Repairs

Contract Duration:

Thirty-six (36) month base period with No option periods.

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Primary Place of Performance:

Cambridge Maintenance Shop and Sailwinds Visitor Center in Dorchester County Maryland

SBR Designation: Yes

Federal Funding: No

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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

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

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

3.4.3 Problem Escalation Procedure

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

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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

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

4.23 Reciprocal Preference

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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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 a minimum of five (5) years of experience providing elevator inspection, testing, maintenance, and repair services for commercial or government facilities.

B. The Bidder shall employ technicians certified by the National Elevator Industry Educational

Program (NEIEP) or Certified Elevator Technician (CET) program and qualified to service

Cemco and SmartRise elevator systems

C. The Bidder shall be licensed and authorized to perform elevator maintenance and inspection services in the State of Maryland and comply with all Maryland Department of Labor elevator regulations.

D. The Bidder shall provide with its Bid "Attachment L Reference Checks" with one or more references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure elevator inspection, maintenance, testing, emergency response, and repair services for Maryland Department of Transportation State Highway Administration (MDOT SHA) facilities located in Cambridge, Maryland

It is the State’s intention to obtain these 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

MDOT SHA requires preventative maintenance and inspection services for the following elevators:

Sailwinds Visitor Center

2 Rose Hill Place Cambridge, MD 21613

Elevator Description:

Hole-less CEMCO CLP1430 Lift

Two (2) landings/openings in line

Cambridge Maintenance Office Complex

2954 Old US 50 Cambridge, MD 21613

Elevator Description:

SmartRise ST5822

4,000 lb capacity

Two (2) landings/openings

The purpose of this Contract is to maintain the elevators in safe and operable condition in accordance with:

Maryland Department of Labor requirements, ASME A17.1 standards, IFB for State Highway Administration Page 10 of 26

Manufacturer specifications, Applicable industry standards

2.2.1 Project Goals

The goals of this Contract are to:

Maintain elevator safety and reliability, Minimize downtime, Maintain compliance with inspection requirements,

2.2.2 Provide timely emergency response services State Staff and Roles

The engineer will assign State staff to monitor and inspect the work on a daily basis.

2.2.3 Other State Responsibilities

A. The State shall provide reasonable access to all elevator equipment and associated areas.

B. The State will contact the awarded bidder and provide a schedule to perform the work.

C. The State shall approve all non-routine repairs prior to work authorization

2.3 Contractor Responsibilities and Tasks

All work on this project shall conform to the Maryland Department of Transportation, State Highway Administration's Specifications entitled, "Standard Specifications for Construction and Materials" dated July 2008 revisions thereof; and the Special Provisions included in this Invitation for Bids. The Contractor shall provide all labor, supervision, materials, transportation, tools, testing equipment, permits, and incidentals necessary to perform preventative maintenance, inspections, testing, emergency response, and minor repairs.

In case of discrepancy between the Special Provisions and all other provisions contained in the Contract, the Engineer will be the sole authority as to the proper procedure to follow.

EMPLOYMENT AGENCY

The Maryland Department of Labor, Licensing & Regulation (DLLR), Division of Employment & Training can be found on the Web at: http://www.dllr.state.md.us/county.

TERM OF CONTRACT

The contract with the successful bidder will be written not to exceed three (3) years or the low bid amount that is under $50,000.00, whichever occurs first. No work will be allowed under this contract if the

IFB for State Highway Administration Page 11 of 26 monetary value or timeframe written in the contract is reached. No time or monetary extensions will be granted.

The Contractor shall provide all labor, supervision, materials, transportation, tools, testing equipment, permits, licenses, insurance, incidentals, and all other items necessary to perform preventative maintenance, inspections, testing, emergency response, monitoring services, and non-routine repairs for the elevators located at the following facilities:

Sailwinds Visitor Center, 2 Rose Hill Place, Cambridge, MD

SHA Maintenance Office Complex, 2954 Old US 50, Cambridge, MD 21613

The goal of this contract is to maintain the elevators in normal working condition and keep the elevators operable according to Maryland DLLR regulations and within the manufacturer’s prescribed specifications.

The Sailwinds elevator is a hole-less CLP1430 Lift manufactured by CEMCO with two (2) landings/openings in line.

The SHA Maintenance Office Complex elevator is a 4,000 lb. SMARTRISE ST5822 with two (2) landings/openings.

WORK SCHEDULING

The Contractor shall begin all labor, supervision, materials, transportation, tools, testing equipment, permits, and incidentals necessary to perform preventative maintenance, inspections, testing, emergency response, and minor repairs within seven (7) calendar days after notification by the Engineer and shall continue operations until completion of all designated sites.

Monthly preventative maintenance inspections shall be performed at intervals not to exceed thirty (30) calendar days.

Bids shall include, for each elevator location, the routine maintenance program and the cost of performing full rated speed and load testing of the safeties, governors, and buffers as required by ASME-A17.1.

Vendor shall follow all manufacturers’ recommended maintenance protocols and all generally accepted elevator industry maintenance procedures.

Included within the monthly fee shall be all labor, supervision, transportation, travel, supplies, lubricants, overhead, testing equipment, permits, fees, and incidental costs necessary to maintain the elevators in proper operating condition.

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The Contractor shall supply and maintain an elevator service logbook at each location. The logbook shall be signed and dated by the technician at each visit and shall document all inspections, testing, maintenance, and repairs performed.

The Contractor shall immediately notify the Engineer or designated SHA representative of any unsafe condition or operational deficiency discovered during inspection or maintenance activities.

Upon written notification from the Contractor, SHA may elect to procure repairs either through this contract or by other means. The Contractor shall not be held responsible for subsequent damage caused by excluded defective equipment until repairs have been completed.

WORKING HOURS

Working hours shall be 7:00 A.M. to 3:30 P.M. Monday through Friday, with the exception of legal holidays, and emergencies. High volume roadways may require work hour restrictions.

Work will not be permitted on Saturdays, Sundays, legal holidays, and the days immediately preceding and following legal holidays without written permission of the Engineer. Daily working hours may be increased if mutually agreed upon by the Contractor and the Engineer.

EMERGENCY CALL OUTS

In the event that the Engineer requires the Contractor to report for work for emergency reasons, such as ice storms, strong thunderstorms, hurricanes, etc., the Contractor’s time will start when he/she is contacted by the Engineer (show up time will not exceed four hours) and shall continue until operations are complete.

Contractor’s crew will be paid using the bid prices for this Contract. The Contractor will be entitled to the time and half for any time over the normal eight-hour workday and/or any time over the normal 40-hour work week, based on the originally bid price. There will not be any price adjustment for the crew working during an emergency event. Equitable adjustment will only be considered when specialized equipment, not included in the original Contract, is needed.

LABOR

The Contractor shall provide all qualified labor necessary to perform elevator inspection, testing, maintenance, monitoring, and repair services under this contract.

Vendor technicians assigned to work under this contract shall be CET certified by NEIEP/NAEC and shall have a minimum of five (5) years of experience in elevator inspection, testing, and maintenance.

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The Contractor shall be familiar with Cemco CLP lifts and SmartRise elevator systems and shall perform all work in accordance with manufacturer specifications and Maryland DLLR requirements.

Non-routine repair labor shall include only actual time spent on-site performing repair work. Travel time, mobilization, overhead, and incidental expenses shall be included in the hourly labor rate.

The Contractor shall submit a written “Not to Exceed” estimate for all non-routine repairs and receive approval from the Engineer prior to proceeding with repair work.

Any repair exceeding $1,000 may be procured outside of this contract at SHA’s sole discretion.

All overtime labor shall be paid at the approved overtime rate only when authorized by the Engineer.

GENERAL ISSUES

1. 1. All work shall comply with applicable Maryland DLLR regulations, ASME-A17.1 standards, manufacturer specifications, OSHA requirements, and all applicable federal, state, and local laws and regulations.

2. Included in the monthly service fee shall be all costs necessary to maintain the elevators in good standing with the State of Maryland and Maryland DLLR, including required testing, certifications, permits, and third-party inspections where required by law.

3. The Contractor shall maintain complete and accurate monthly service logs for each facility. Logs shall include:

o Date of service o Facility name o Time in and time out o Equipment identification number o Description of work performed o Emergency callback information o Technician signature

4. Copies of all work tags and inspection reports shall be submitted with each monthly invoice.

5. Invoice must include signed verification from Sailwinds Visitor Center staff and/or SHA staff confirming the inspection or service was completed at the work site.

6. Elevator alarm monitoring services for Sailwinds and the SHA Maintenance Shop may be required at SHA’s discretion. Monitoring services shall provide 24/7 emergency call center support.

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7. Quantities are estimated for bid evaluation purposes only and do not guarantee minimum or maximum work quantities.

8. Vendors shall be eligible to conduct business in the State of Maryland.

9. Vendor shall submit three (3) references from firms for which similar services were provided within the preceding twenty-four (24) months.

10. In the event work performance is determined to be unsatisfactory, the Contractor shall be notified by the Contract Manager and shall have seven (7) calendar days to correct deficiencies at no additional cost to SHA.

HIGH-VOLTAGE LINE CERTIFICATION REQUIREMENTS

Contractor shall follow all regulations stated in ANSI Code Z133.1-2006 4.1.1., which states that “All overhead and underground electrical conductors and all communication wires and cables shall be considered energized with potentially fatal voltages.” This includes telephone and CATV. Under the standard (4.2.3.), only persons with certain qualifications and equipment are allowed within 10 feet of any such line. It further stipulates (4.2.4.) that a second qualified person must be within visual or voice communication of the worker aloft when within 10’ of any energized electrical conductor in excess of 750 volts and during certain other situations. Contractor crew must meet these regulations at all times.

EQUIPMENT

The Contractor shall provide all necessary equipment including:

Diagnostic equipment, Electrical testing equipment, Safety equipment, Hand tools, Communication equipment, Ladders and access equipment.

No additional payment shall be made for transportation, mobilization, travel, or equipment usage.

PERSONNEL

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The Contractor shall provide sufficient qualified personnel necessary to perform all required elevator maintenance and repair activities.

Personnel shall include properly trained and certified elevator mechanics, inspectors, and technicians capable of performing all work required under this contract.

The Contractor shall designate a competent supervisor or project manager capable of communicating in English and thoroughly understanding the contract documents.

The Contract Manager for this contract shall be Mr. Asbury Jones or authorized representative.

BASIS OF PAYMENT

Monthly preventative maintenance services shall be paid at the contract unit price per elevator, per month, and shall include full compensation for:

Routine inspections

Preventative maintenance

Cleaning

Lubrication

Adjustments

Required testing

Third-party inspection costs

Monitoring services (if applicable)

Transportation

Labor

Tools

Supplies

Incidentals

Administrative costs

Non-routine repairs shall be paid based upon approved hourly labor rates and actual material costs.

Invoices for non-routine repairs shall include:

Date of service

Number of hours worked

Hourly labor rate

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Material quantities

Part numbers

Actual material costs

Lump sum invoices for repair work will not be accepted.

Invoices shall be submitted within thirty (30) calendar days from the date of service.

Invoice terms shall be Net 30 days upon receipt of a complete and approved invoice.

Invoices shall contain:

Project details

Contract number or Purchase Order number

Company name

Address

Telephone number

Contact person

FEIN number

Unique invoice number

Invoices shall be submitted to:

Maryland State Highway Administration Cambridge Maintenance Shop 2954 Old US 50 Cambridge, MD 21613 Attention: Office Manager

Email @ D1CambridgeInvoices@mdot.maryland.gov

If the vendor accepts VISA, SHA may elect to pay for services using the State Corporate Purchasing Card for any repair or service costing $5,000 or less.

Bid Lines:

Elevator Preventative Maintenance and Repair Services

Line #1 - Sailwinds Visitor Center Monthly Preventative Maintenance

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Estimated at thirty-six (36) months of service.

Monthly preventative maintenance service shall include inspection, cleaning, lubrication, adjustment, testing, and routine maintenance necessary to maintain the elevator in proper operating condition in accordance with manufacturer specifications, ASME A17.1 requirements, Maryland DLLR regulations, and all applicable industry standards.

Service shall include all labor, supervision, travel, transportation, tools, testing equipment, supplies, lubricants, certifications, permits, third-party inspections, administrative costs, and incidentals required to maintain DLLR compliance and normal elevator operation.

Monthly maintenance inspections shall occur at intervals not exceeding thirty (30) calendar days.

Vendor shall maintain an on-site service logbook documenting all inspections, testing, maintenance, and repairs.

Work shall be coordinated with MDOT/SHA personnel and performed during approved working hours unless otherwise authorized by the Engineer.

Line #2 - Cambridge Maintenance Shop Monthly Preventative Maintenance

Estimated at thirty-six (36) months of service.

Monthly preventative maintenance service shall include inspection, cleaning, lubrication, adjustment, testing, and routine maintenance necessary to maintain the elevator in proper operating condition in accordance with manufacturer specifications, ASME A17.1 requirements, Maryland DLLR regulations, and all applicable industry standards.

Service shall include all labor, supervision, travel, transportation, tools, testing equipment, supplies, lubricants, certifications, permits, third-party inspections, administrative costs, and incidentals required to maintain DLLR compliance and normal elevator operation.

Monthly maintenance inspections shall occur at intervals not exceeding thirty (30) calendar days.

Vendor shall maintain an on-site service logbook documenting all inspections, testing, maintenance, and repairs.

Work shall be coordinated with MDOT/SHA personnel and performed during approved working hours unless otherwise authorized by the Engineer.

Line #3 - Non-Routine Repair Labor (Straight Time)

Estimated at sixteen (16) labor hours as needed throughout the term of the contract.

Labor shall include troubleshooting, repair, adjustment, replacement, and corrective maintenance performed outside the normal preventative maintenance program.

Technicians performing work under this contract shall be CET certified and qualified to service Cemco CLP and SmartRise elevator systems.

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Hourly labor rates shall include all travel time, transportation, supervision, tools, equipment, overhead, and incidental costs. No separate trip fees or service call charges shall be permitted unless specifically identified in the bid form.

All non-routine repairs shall require prior approval by the MDOT/SHA Engineer or Contract Manager before work begins.

Line #4 - Non-Routine Repair Labor (Overtime / Weekend / Holiday)

Estimated at four (4) labor hours as needed throughout the term of the contract.

Overtime labor shall apply only to work authorized by the Engineer outside normal working hours, including weekends, holidays, or emergency response situations.

Hourly labor rates shall include all travel time, transportation, supervision, tools, equipment, overhead, and incidental costs.

Line #5 - Emergency Callback / Emergency Response Service

Estimated at four (4) emergency response calls during the term of the contract.

Emergency response service shall include mobilization, diagnostic evaluation, emergency troubleshooting, temporary repairs, and restoration of safe elevator operation.

Contractor shall maintain twenty-four (24) hour emergency response capability and shall respond within four (4) hours of notification by MDOT/SHA personnel.

No additional mobilization or trip charges shall be permitted beyond the approved emergency callback rate.

Line #6 - Elevator Alarm Monitoring Services

Estimated at thirty-six (36) months per location, if requested by MDOT/SHA.

Monitoring services shall provide twenty-four (24) hour emergency alarm monitoring and call center response services for:

Sailwinds Visitor Center elevator

Cambridge Maintenance Shop elevator

Service shall include all equipment, communication services, monitoring fees, and incidentals necessary to maintain continuous alarm monitoring capability.

Line #7 - Repair Parts Allowance

Repair parts shall be invoiced only as incurred and only upon prior approval of the MDOT/SHA Contract Manager.

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Vendor shall provide itemized estimates including manufacturer, part number, quantity, and cost prior to installation.

MDOT/SHA reserves the right to procure repair parts from alternate sources if pricing is determined to be unreasonable.

The Repair Parts Allowance shall not be altered by the bidder and shall be included in the Total Bid Amount as specified in the bid form.

2.4 Supplemental Category of Work Requirements and Responsibilities

Not applicable

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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.

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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.

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.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in Exhibit 2 - Sample Contract.

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

Liquidated damages other than MBE are identified in Exhibit 2 – Sample Contract.

This section is inapplicable to this IFB.

3.4.3 Problem Escalation Procedure

Not Applicable

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

THIS SECTION IS INAPPLICABLE TO THIS IFB

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 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”

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(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/.

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

IFB for State Highway Administration Page 23 of 26 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 two million dollars ($2,000,000) 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.

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 than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

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 20 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

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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.

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Bid Submission Information and Instructions

3.14 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.

3.15 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.

3.16 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.

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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.

3.17 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.

3.17.1 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.

3.17.2 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.

3.18 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).

3.19 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.

3.20 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 90 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

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This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

3.21 Revisions to the IFB

3.21.1 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.

3.21.2 Bidders shall acknowledge in the Bid the receipt of all addenda to this IFB issued before the Bid due date.

3.21.3 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.

3.22 Cancellations

3.22.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

3.22.2 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.

3.22.3 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).

3.22.4 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).

3.23 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.

3.24 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).

3.25 Bidder Responsibilities

3.25.1 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.

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3.25.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix or Appendices to this IFB (see “Appendix 4 - MBE Participation Goal” and “Appendix 5 - VSBE Participation Goal”).

3.25.3 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 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.

3.25.4 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.

3.26 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.

3.27 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.

3.28 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/.

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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.

3.29 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.

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.

3.30 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.