840007mddotWO426f29sb.pdf

MDOT/SHA ROADSIDE HERBICIDE SPRAYING IN

WORCESTER COUNTY

Solicitation #: WO426F29SB

IFB Document

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STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

(SHA)

INVITATION FOR BIDS (IFB)

MDOT SHA ROADWAY HERBICIDE SPRAYING – LOCATIONS IN

WORCESTER COUNTY

IFB NUMBER WO426F29SB

ISSUE DATE: 08/18/2026

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 – MDOT SHA Herbicide spraying Various Areas in Worcester County

Solicitation Number:

WO426F29SB

IFB Issue Date: 08/18/2026

IFB Issuing Office:

State Highway Administration (SHA or the "Administration")

Procurement Officer:

Mr. Tony Turner

5603 Market Street

Snow Hill MD 21863

Email:

Phone Number:

TTurner2@mdot.marylamd.gov

(410) 632-0511

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

WO426F29SB

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

Questions Due Date and Time:

09/08/26 3:00pm Local Time

Bid Due (Closing) Date and Time:

09/16/2026 2:00 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

09/16/2026 2:00 pm Local Time

5603 Market street snow hill md

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.

N/A

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of __0___%

N/A

Procurement Method:

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Firm fixed price

Contract Duration:

2-year base period with no option periods. Approximate NTP October 1, IFB for State Highway Administration Page 4 of 28

Primary Place of Performance:

Various Roadways in Worcester County

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

2.3 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

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

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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:

The Bidder shall be registered with SDAT to conduct business in the State of Maryland The Bidders employees shall possess the appropriate licenses and certifications for roadside herbicide spraying- MD Department of Agriculture The Bidder shall actively be engaged in providing herbicide spraying services The Bidder shall utilize their own equipment, trucks, tanks, etc.

3 years’ experience with similar roadside herbicide spraying or grounds keeping work Registered Small Business Reserve

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 the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): Roadside Herbicide Spraying for MDOT SHA Worcester County for a two-year period

2.1.2 It is the State’s intention to obtain goods and services, as specified in this IFB, from a contract between the selected Bidder and the State.

2.1.3 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

The purpose of this solicitation is to award a contract for Roadside Herbicide Spraying for various State Roadways in Worcester County.

2.2.1 Project Goals

To perform herbicide spraying on various roadways

2.2.2 State Staff and Roles

Mr. Tony Turner will appoint other staff to manage the contract and inspect the work completed over the duration of the contract.

2.3 Contractor Responsibilities and Tasks

The general purpose of this solicitation will be to performance of Herbicide Spraying

Bidders shall bid the following work as an all-inclusive cost per crew day for the contract.

ATTENTION:

Timeframe of spraying days shall approximately start October 2026 with 40 crew days anticipated over the course of two years.

Timing may change at the Engineer’s determination or based on weather patterns.

This contract will be for a period of 24 months , beginning approximently 10/01/2026 ending 24 months thereafter or when the funds have reached a total value of the contract (whichever is achieved first) the intent of this contract is to spray roadside vegetation , as needed for the growing seasons covered under the contract terms.

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Special Provisions

WORK SCHEDULING

The Contractor shall leave the names and telephone numbers of two individuals who may be contacted at any time by the Engineer. The Contractor shall begin operations no later than 10 business days after being contacted by the Engineer and continue operations until completion of all designated routes.

WORKING HOURS

Working hours shall be 7:00 A.M. to 3:30 P.M. Monday through Friday with the exception of State Holidays.

High volume roadways will require work hour restrictions. Work will not be permitted on Saturdays, Sundays or State Holidays without the written permission of the Engineer. The Contractor shall receive daily orders from the Engineer. Daily working hours may be increased if mutually agreed upon by the Contractor and the Engineer.

GENERAL ISSUES

All work on this Contract shall be done in accordance with the following conditions and/or requirements:

All maintenance items and quantities in these Special Provisions are provided for use when and as directed by the Engineer. The quantities for these items are established for the purpose of obtaining a bid price. The quantities for these items may be increased, decreased, or deleted entirely from the Contract by the Engineer.

APPLICATOR'S LICENSE

1. The Contractor shall submit a valid Maryland Pesticide Business in Category 6 - Right Of Way and Weed, when requested. License shall remain valid throughout the term of the Contract.

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

- Right of Way and Weed at the time of bid and throughout the term of the Contract.

3. All members of the Herbicide Application Crew shall possess a valid Maryland Pesticide I.D. card at the time of bid and throughout the term of the Contract.

The Contractor shall submit copies of all certifications and I.D. Cards at time of bid. Failure to comply with these instructions may result in termination of the contract.

HERBICIDE MIXING AND APPLICATION

All work shall be performed in strict accordance with the provisions of the Maryland Pesticide Applicator's Law, State Highway Herbicide Application Standards and the manufacturer's label.

MATERIALS

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Herbicides, Plant Growth Regulators and Adjuvants: will be furnished by the Administration.

Water: will be furnished by the Administration

HERBICIDE APPLICATION METHOD AND EQUIPMENT

A. The Contractor shall apply herbicide solutions to the areas designated by the Engineer. All of this work shall be performed at the direction of the Engineer or their designee, and under Maryland Department of Agriculture ‘Regulations Pertaining to Pesticide Application’ (15.05.01).

The Contractor shall apply herbicide solutions with a truck and herbicide spray unit consisting of:

1. Truck One truck of sufficient size to meet the State Motor Vehicle laws and regulations to haul a skid-mounted sprayer or pull a trailer-mounted sprayer.

The truck bed shall be sufficient to accommodate a sprayer operator, herbicide concentrates and other incidental equipment or supplies necessary for a day's operation of the sprayer. The truck shall also be equipped with a tachometer, standard transmission having at least four forward speeds, necessary seat belts, one BC 5-pound fire extinguisher, an OSHA approved first aid kit, an OSHA approved eye wash kit, a CB radio, or approved communication device and any other incidentals required for the normal operation of this vehicle. The truck shall be equipped with a toplight meeting current criteria.

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

The Contractor shall supply a 6515-nozzle system which is adaptable for either side of the truck as detailed in the illustration for guardrail application. An on/off valve and a stainless steel 0-60 psi oil-filled pressure gauge shall be included for use to

IFB for State Highway Administration Page 11 of 28 control the spray patterns of the above nozzle system and handgun. All nozzles shall be equipped with a 50-mesh check valve strainer.

3. Backup Vehicle

a. SHA will provide a backup / protection vehicle for maintenance of traffic where needed. All maintenance of traffic will be the responsibility of SHA.

4. Water Pump

A high-volume water pump shall be capable of delivering 200 gallons of water within 5 minutes.

This pump's suction end shall be equipped with an anti-syphoning device, i.e. check valves, etc., as required by the Maryland Department of Agriculture. Each sprayer shall include a water pump

HERBICIDE APPLICATION CREW

The Contractor shall supply a two-person herbicide application crew, which shall consist of the following personnel:

Foreman - Foreman shall be responsible for the following:

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

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

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

See sample in the Integrated Vegetation Management Manual for Maryland.

3. Scheduling of herbicide spraying within a county as instructed by the

Engineer.

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

B. Equipment Operator/helper - One physically qualified equipment operator, possessing a

Maryland Pesticide Service I.D. card at the time bids are submitted, shall assist the foreman with the work listed above.

The foreman and operators shall be qualified to drive the equipment and shall demonstrate their ability to operate the specialized spray equipment required to apply herbicides. The foreman shall

IFB for State Highway Administration Page 12 of 28 possess the knowledge and ability to distinguish between desirable and undesirable vegetation as specified by the Engineer.

The Contractor shall assign to the Contract, as his agent, competent foreman capable of communicating in English, and capable of reading and thoroughly understanding the Contract documents. The Contractor shall furnish the Engineer with the cell phone numbers of the Foreman assigned to the contract.

CONTRACTOR'S RESPONSIBILITY

The Contractor shall be responsible for the safe handling, mixing and application of herbicides and disposal of herbicide containers in a manner safe to the environment, as per the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and State laws. The Contractor shall also be responsible for complying with all OSHA regulations governing the handling and application of herbicides.

All personnel shall be required to wear a safety vest, approved by the Engineer, when working along roadways.

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

Contractor shall abide by all MOSH and OSHA regulations while performing this work. This includes all PPE such as gloves, eye protections, ansi class 2/3 rated apparel, etc.

SEQUENCE OF OPERATION

Prior to starting the Contract, the Contractor shall, at his/her expense, assemble the proposed equipment and personnel and demonstrate, to the satisfaction of the Engineer, that his/her equipment and personnel meet the Contract specifications. The Contractor shall calibrate the equipment in the presence of the Engineer and an Administration Landscape Specialist. Both the demonstration and calibration shall take place within the limits of the Contract.

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

MAINTENANCE OF TRAFFIC

Traffic Control will be the responsibility of the Administration

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Note-

Invoices shall be sent to:

MDOT State Highway Administration

Attn: Charles Larimore

5603 Market Street Snow Hill MD 21863

Or emailed to:

D1Snowhill invoices@mdot.maryland.gov

2.4 Supplemental Category of Work Requirements and Responsibilities

Not applicable to this IFB

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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. Bill To: State Highway Administration, Snow Hill Shop 5603 Market Street, Snow Hill

MD 21863

B. Contractor name and address;

C. Remittance address;

D. Federal taxpayer identification (FEIN) number, social security number, as appropriate;

E. Invoice period (i.e. time period during which services covered by invoice were performed);

F. Invoice date;

G. Invoice number;

H. State assigned Contract number / State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided; including reference to line items of the contract and dates work was completed (including partial days as a percentage/prorated amount)

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:

For items of work for which there is item pricing (see Attachment B –The Price Form), those items shall be billed following the acceptance of the work by the State (for the previous month).

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

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

This section is inapplicable to this IFB.

3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

3.6 Payments by Electronic Funds Transfer

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” (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.

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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 that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

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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 State Minimums/statutory 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.

D. 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.

3.13.2 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

3.13.4 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.

3.13.5 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.

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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

THIS SECTION IS INAPPLICABLE TO THIS IFB.

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.

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4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

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: 90 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

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

4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

4.8.3 Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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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 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.

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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.

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

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

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification for why such materials, upon request, should not be disclosed by the State under

IFB for State Highway Administration Page 22 of 28 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 E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments F through R = Bid may be rejected if the required Attachment is not submitted or is incomplete.

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A Not Applicable

B

The Price Form 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.

C Not Applicable

D Not Applicable

E Not Applicable

F Bidder Information Sheet

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TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-

Sheet.pdf

G

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

H Not Applicable

I Not Applicable

J Not Applicable

K Not Applicable

L

Reference Checks

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

M Not Applicable

N Not Applicable

O Not Applicable

P Not Applicable

Q Not Applicable

R Not Applicable

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

Acknowledgement of all addenda to this IFB.

4.20 Bid Delivery Instructions

Each Bidder shall submit its Bid Package as specified below.

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

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

4.21 Bid Evaluation Criteria and Award Basis

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

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

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

4.22 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.23 Reciprocal Preference

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

A. The Maryland resident business is a responsible Bidder;

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

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

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

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

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

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

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

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

Attachment Attachment Name

D Not Applicable

E Not Applicable

S Not Applicable

T Not Applicable

U

Contract Affidavit https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-U.-Contract-

Affidavit.pdf

V Not Applicable

W

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X

Y

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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5 IFB Appendices and Exhibits

The Appendices and Exhibits listed below in Tables C and D are reference documents as needed to assist the bidders in preparing their bids in response to this solicitation. If a specific Appendix or Exhibit is not required for this solicitation, it is listed in the tables as “Not applicable” or “N/A”.

5.1 Appendices (Table C)

TABLE C - APPENDICES

Appendix # Appendix Name

1 Not Applicable

2 Not Applicable

3 Not Applicable

4 Not Applicable

5 Not Applicable

6 Not Applicable

7 Not Applicable

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5.2 Exhibits (Table D)

TABLE D - Exhibits

Exhibit # Exhibit Name

1 Not Applicable

2 Sample Contract

3 Not Applicable