Frederick Training Room Restoration Solicitation #: 71FRTR26SB IFB Document

IFB for State Highway Administration Page 1 of 27

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

(SHA)

INVITATION FOR BIDS (IFB)

FREDERICK TRAINING ROOM RESTORATION

IFB NUMBER 71FRTR26SB

ISSUE DATE: AUGUST 5, 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.

NOTICE TO BIDDERS

SMALL BUSINESS PREFERENCE PROCUREMENT

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 27

This procurement has been designated for a small business preference under COMAR 21.11.01.05. The procurement agency will accept the most favorable responsive bid from a responsible small business (COMAR 21.01.02.01B(80)) if the bid of the small business does not exceed the most favorable responsive bid received from a responsible bidder who is not a small business by: (1) more than 5 percent;

(2) more than 7% for a veteran-owned small business; (3) more than 8% for a disabled-veteran-owned small business; or (4) the percentage otherwise identified in the solicitation as the small business preference.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for State Highway Administration Page 3 of 27

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Frederick Training Room Restoration

Solicitation Number:

71FRTR26SB

IFB Issue Date: August 4, 2026

IFB Issuing Office:

State Highway Administration (SHA or the "Agency")

Procurement Officer:

Kenneth Karlheim 5111 Buckeystown Pike, Frederick MD 21704

Email:

Phone Number:

KKarlheim@mdot.maryland.gov

301-624-8250

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number 71FRTR26SB 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:

August 11, 2026, at 1000AM Local Time, at 5111 Buckeystown Pike, Frederick MD 21704 See Section 4.3 for additional details.

Scheduled Site Visit

August 11, 2026, at 1000AM Local Time Site Visit Location: 5111 Buckeystown Pike, Frederick MD 21704

Questions Due Date and Time:

August 13, 2026, 1100AM Local Time

Bid Due (Closing) Date and Time:

August 14, 2026, 200PM Local Time

Public Bid Opening Date, Time, and Location

August 14, 2026, 200PM Local Time MDOT SHA D7 Frederick Maintenance Shop, 5111 Buckeystown Pike, Frederick MD 21704

IFB for State Highway Administration Page 4 of 27

MBE OR DBE

Subcontracting Goal:

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

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of 0%

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: Lump Sum

Contract Duration:

30 Days

Primary Place of Performance:

MDOT SHA, D7 Frederick Maintenance Shop, 5111 Buckeystown Pike, Frederick MD 21704

SBR Designation: Yes

Federal Funding: No

IFB for State Highway Administration Page 5 of 27

Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work and Specifications

2.1 Summary Statement

2.2 Background and Purpose

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

2.5 Specifications

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 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Conflict of Interest Affidavit and Disclosure

3.9 Maryland Healthy Working Families Act Requirements

3.10 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.11 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

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

IFB for State Highway Administration Page 6 of 27

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 Small Business Preference

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

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

IFB for State Highway Administration Page 7 of 27

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

A. Vendor shall have a minimum of five (5) years’ experience in carpentry, drywall finishing and painting. Vendor shall have a foreperson and one helper on site on staff with the foreperson being English speaking. References for work of a similar scope shall be provided on the contractor for each assigned task.

B. The contractor’s business shall have been established for a minimum of three (3) years and be licensed and fully eligible to perform work in the state of Maryland.

C. Vendor shall adhere to all OSHA and MOSH required safety and Personal Protective Equipment directives and have this in place during the work period: (eye protection, respirators, etc.). More information on safety regulations can be found at http://www.dllr.md.gov/labor/mosh/.

D. Vendor shall be MHIC licensed (to provide SHA assurance that the vendor is knowledgeable of generally accepted building techniques and practices).

E. Vendors shall have worker’s compensation insurance coverage for he and any employee working on this project.

F. All work performed under the contract shall be completed by technicians that are familiar with installation and setup of the unit. Proof of vendor’s qualifications may be requested at SHA’s sole discretion.

G. The Bidder shall provide with its bid "Attachment E 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 HVAC 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.

https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.dllr.md.gov%2Flabor%2Fmosh%2F&data=05%7C02%7CAFluelling.consultant%40mdot.maryland.gov%7C87eef1d4796d47d8bef808dc9d0de165%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C0%7C638557930154712338%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=FZoTr4qq5QhiEq4jrvC20wRAKp9f64YFT%2Bt0%2FyMPfDU%3D&reserved=0

IFB for State Highway Administration Page 8 of 27

2 Contractor Requirements: Scope of Work and Specifications

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”): Solicitating a lump sum bid for a Contractor to furnish and install Approximately (960 sq feet of R-13 (24”) faced fiberglass insulation, Furnish, hang, and finish approximately (960 sq feet) of drywall, Prime approximately (1186 sq feet of repaired drywall surface, Paint approximately (2828 sq feet per coat) of interior space furnish and install approximately (135 sq feet) of VCT commercial tile to match existing tile, Furnish and install approximately (1,000 liner feet) of 4” one piece vinyl cove base, Furnish and install (8’x 17’) Ceiling track and ceiling tiles plus match and replace any additional ceiling tiles that are missing within the space. Furnish and install a Cerastyle (077880U) or approved equal wall mount sink, faucet and supply lines, trap, drain HC wrap/ cover, mirror and light. All measurements are estimates.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

2.2 Background and Purpose

This solicitation’s purpose is to outline the requirements for the restoration of the Frederick Shop Training Room that was recently remediated after water damage.

The location of work is the Maryland Department of Transportation, State Highway Administration: Frederick Maintenance Shop – 5111 Buckeystown Pike, Frederick MD 21704

2.3 Contractor Responsibilities and Tasks

A. Contractor shall furnish all labor, supervision, miscellaneous parts, equipment, tools, transportation, and methods of communication for work performed under this Contract. SHA will provide zero support to the vendor in accomplishing the work but will provide access to the site.

This is a “furnish and install” contract. A fully operable final product is expected upon completion of the work.

B. All work shall be performed according to the industry standards and to the complete satisfaction of MDOT SHA. All work shall conform to Federal, State, county and local codes, rules and regulations. The Contractor shall be responsible for obtaining all necessary permits if required.

C. Before any work is started. MDOT SHA can perform on-site inspections at any time during work.

The Contractor must meet all Federal EPA, OSHA, and MDE guidelines in the performance of work and proper handling and disposal of waste and/or contaminated materials. MDOT SHA will not receive any materials, products, or chemicals, which may be hazardous to an employee’s health unless accompanied by a Safety Data Sheet (SDS) when received.

IFB for State Highway Administration Page 9 of 27

D. Any work delays that arise from the need for parts and/or items that are ordered need to be verified by showing proof that the part/item was ordered and the supplier’s estimated delivery date. The Contractor is to assume responsibility for the delivery of any parts or equipment ordered. All parts and equipment shall be shipped directly to the Contractor and not to the MDOT SHA facility unless specific permission is granted by the Contract Manager.

E. The Contractor shall keep the premises free from accumulation of waste materials or rubbish caused by his operations at all times. The Contractor shall leave the work area clean and free of materials, debris, and Contractor equipment to the satisfaction of the MDOT SHA Contract Manager. The Contractor shall be responsible for the removal and disposal of all debris, old and defective materials removed in performance of the service and in strict accordance with all applicable regulations, codes, laws, and ordinances. If area is not cleaned by the Contractor upon completion, the sum of $15.00 per hour needed to clean the area shall be deducted from the Contractor’s invoice, not as a penalty but as liquidated damages.

F. No Subcontractor shall be permitted to work under the Contract without the written approval of the Contract Manager. Any subcontracted work must be preapproved by the Contract Manager.

G. MDOT SHA reserves the right to limit the number of people performing the work as required.

MDOT SHA may, at its discretion, limit any personnel from performing service, require temporary or permanent removal of the employee from work being performed, or require additional training of personnel at no cost to MDOT SHA.

H. The Contractor shall guarantee all work included in the Contract against any defects in workmanship, and shall satisfactorily correct, at no cost to MDOT SHA, any such defect that may become apparent within a period of one (1) year after completion of work. The warranty period shall commence upon date of acceptance by MDOT SHA.

I. At the request of either party to this Contract and prior to the initiation of work, a conference may be held for identifying and clarifying the specific methods and materials to be employed.

2.4 Supplemental Category of Work Requirements and Responsibilities

A. No work shall be initiated under this agreement until a specific contract has been executed and notice to proceed has been issued. Any work performed outside the Scope of Work described in this Invitation for Bids, including emergency work, will not be paid if not preapproved by the Contract Manager.

B. Except for emergency services, all work will be performed between the normal working hours of 7:30 a.m. and 4:00 p.m., Monday through Friday. No work will be performed on Saturdays, Sundays, or State recognized holidays without permission from the MDOT SHA Contract Manager.

C. Invoices shall be kept current with work that was completed within the past 30 days. Work that has not been invoiced within sixty (60) days from the completion of work may not be processed.

D. Project is expected to start within 5 days of the notice to proceed being issued by SHA.

IFB for State Highway Administration Page 10 of 27

2.5 Specifications

A. Demolition Plan:

1. The demolition has already been completed by remediation contractor.

Remove the sink counter and basin located in ladies’ room and salvage the water supply lines and mirror for reuse. The demolition has already been completed throughout the remaining other parts of the building.

B. New Work Plan:

1. The contractor shall protect all fire alarm devices and emergency lighting during construction.

2. The Contractor shall furnish and insulate all open interior/exterior walls from the sill plate to bottom of the existing insulation in the walls with R-13 faced fiberglass insulation. The insulation is 24’ oc for the most part and 16” oc for the remaining; the contractor must verify the width.

3. The Contractor shall furnish, hang, and finish drywall in all locations where drywall has been cut out and removed and cut out locations where existing receptacles have been removed using 5/8” drywall, glued and screwed using drywall adhesive and 1 5/8 “fine thread drywall screws. The drywall shall be hung ¾” from floor to the bottom of where the existing drywall has been cut out. (Note- it will be the responsibility of the contractor for providing and setting up containment for dust and protecting all fire alarm devices from dust during construction). Prior to hanging drywall, the Contractor shall install mounting blocks in the Men’s restroom for the wall mounted sink and wall partition.

4. All joints and interior angles shall have tape embedded in joint compound and shall be immediately spread with a joint knife or trowel, leaving a thin coat of compound over all joints and interior angles. Two additional coats of joint compound shall be applied over all flat joints and one separate coat of joint compound applied over interior angles.

Fastener heads and accessories shall be covered with three separate coats of joint compound. Drywall joint compound shall be sanded smooth to achieve a smooth finish, free indentations, gouges, tool marks and ridges. Any gap between the drywall and the metal door frame shall be caulked using latex painter’s caulk.

5. The Contractor shall prime (1 coat) the newly constructed wall and patched areas with Sherwin Williams latex Pro-Mar 200 drywall primer or approved equal and paint the newly constructed wall and the interior area using (2 coats) of Sherwin Williams latex Pro-Mar 200 or approved equal. Paint color and sheen will be selected by the administration and shall match existing paint color. (Note: All switch plate covers, and receptacle covers shall be replaced with new metal stainless finish covers furnished by the contractor and installed once painting is complete). The sq footage of area to be painted from floor to ceiling is estimated = (2828 sq feet) per coat equaling (5656 sq feet). This is for reference purposes only, contractor must verify all measurements prior to bidding. Color shall be selected by the Administration.

6. The Contractor shall furnish and install approximately 2’ x 2’ Armstrong (935 Random Textured) ceiling tiles and track in the Men’s restroom to include any additional missing ceiling tile.

7. The contractor shall furnish and install VCT in the Men’s restroom and replace ant loose or missing tile in the main hallway and clean and mop the VCT tile throughout.

Note that the contractor will be required to remove and reset toilets when installing the floors.

8. The contractor shall then Furnish and install Eastern Heavy-Weight commercial Luxury Vinyl flooring through-out the entire space excluding the utility closet. The

IFB for State Highway Administration Page 11 of 27

Eastern Heavy Weight shall be installed per the manufactured direction. The flooring material shall be Glue-down 30095 Shadyside.

IFB for State Highway Administration Page 12 of 27

9. The contractor shall furnish and install two (2) (one in the ladies’ room and one in the men’s room) CeraStyle 078800-u type wall mounted ADA sink with a ADA P-trap (S2077), push-up drain (80HT30) and a sensing Delta (Chrome 590TFLGMHDF) ADA compliant faucet approved equal.

IFB for State Highway Administration Page 13 of 27

9. The Contractor shall furnish and install a solid Plastic Polmer toilet partition stall including all hardware in the Men’s restroom. The toilet partition Door shall be 24” wide and the stall shall be 36” x 60”.

10. The contractor shall furnish and install a 24’x 24” X 6” insulated HVAC diffuser in the Men’s restroom and connected to the existing flex duct.

11. The contract will be responsible for any damages caused by negligence, poor workmanship, or below-standard performance.

12. The Contractor will be required to clean up the entire work area at the completion of the project to be dust and debris free in addition to disposing of debris off site during and upon completion of the project.

IFB for State Highway Administration Page 14 of 27

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 27

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

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year .

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

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:

IFB for State Highway Administration Page 16 of 27

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 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 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.”

3.9 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 27

3.10 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.

3.11 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:

3.11.1 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.

3.11.2 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.

3.11.3 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.

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

3.11.5 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.

3.11.6 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/

IFB for State Highway Administration Page 18 of 27

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/

IFB for State Highway Administration Page 19 of 27

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.

IFB for State Highway Administration Page 20 of 27

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

IFB for State Highway Administration Page 21 of 27

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/

IFB for State Highway Administration Page 22 of 27

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 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 through C, E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

IFB for State Highway Administration Page 23 of 27

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 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 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.

E

Reference Checks (Each reference shall be from a customer for whom the Bidder has provided goods or services within previous five 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 E. Reference Checks.

Acknowledgement of all addenda to this IFB.

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

IFB for State Highway Administration Page 24 of 27

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.

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.

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…