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Materials Lab Testing Solicitation #: MLT2032-01 MS-IFB Document

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STATE OF MARYLAND

MARYLAND STATE HIGHWAY ADMINISTRATION

(SHA)

MULTI-STEP INVITATION FOR BIDS (MS-IFB)

MATERIALS LABORATORY TESTING

MS-IFB NUMBER MLT2032-01

EMMA NO. BPM058791

ISSUE DATE: SEPTEMBER 10, 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/ https://procurement.maryland.gov/ https://emma.maryland.gov/

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Services - Materials Lab Testing

Solicitation Number:

MLT2032-01

MS-IFB Issue Date:

September 10th, 2026

MS-IFB Issuing Office:

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

Procurement Officer:

Giuseppe (Joe) Speca & Samina Warner 707 North Calvert Street, C - 405 Baltimore, MD 21202-3601

Email:

Phone Number:

gspeca@mdot.maryland.gov and SWarner1@mdot.maryland.gov

410-545-0432 410-545-5719

Bids are to be sent to:

eMaryland Marketplace Advantage (eMMA) https://emma.maryland.gov.

Please submit both technical and price offers on emma.maryland.gov under Solicitation Number MLT2032-01/BPM058791.

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 Exhibit 5 (found in Table D) with your reasons why.

Pre-Bid Conference:

September 17th, 2026, 11:00 a.m. Local Time, via Microsoft Teams

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/293567633336378?p=MCbsFx6uGQlR Fk5FFC Meeting ID: 293 567 633 336 378 Passcode: a9xK3AY9

Need help? | System reference Dial in by phone +1 667-262-2962,,110585084# United States, Baltimore mailto:gspeca@mdot.maryland.gov mailto:SWarner1@mdot.maryland.gov https://emma.maryland.gov/ https://teams.microsoft.com/meet/293567633336378?p=MCbsFx6uGQlRFk5FFC https://teams.microsoft.com/meet/293567633336378?p=MCbsFx6uGQlRFk5FFC https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWZkOWNmNDctY2IxNy00ZjJmLTk1NWItMGYyNmU1OGZjNzRk%40thread.v2/0?context=%7b%22Tid%22%3a%22b38cd27c-57ca-4597-be28-22df43dd47f1%22%2c%22Oid%22%3a%220511237d-b56c-4066-8c19-de7ca8058f38%22%7d tel:+16672622962,,110585084

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Find a local number Phone conference ID: 110 585 084#

See Section 5.3 for additional details.

See Attachment 2 to RSVP by September 16th, 2026 at 2:00pm to attend.

Scheduled Site Visit

N/A

Questions Due Date and Time:

September 23rd, 2026 at 5:00 pm EST

**Questions must be submitted using the “Vendor Question Template” as included in Exhibit 4 under Table D**

Bid Due (Closing) Date and Time:

October 13th, 2026 @ 2:00 pm Local Time Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Table A – Attachment 1 “No Bid Notice Vendor Feedback Form”).

Public Bid Opening Date, Time, and Location

Not applicable; a signed bid tabulation form will be posted to eMMA after bid opening.

DBE

Subcontracting Goal:

N/A

VSBE

Subcontracting Goal:

N/A

Procurement Method:

A Contract will be awarded in accordance with the Multi-Step Competitive Sealed Bidding method under COMAR 21.05.02. There will be a two (2) step process for awarding this project.

The first step will be the evaluation of the technical qualifications of the firms that are bidding.

The second step will be to publicly open the bids of those bidders whose technical submissions are determined to be acceptable.

https://dialin.teams.cloud.microsoft/bf475622-ba25-438e-9483-abd330e2c794?id=110585084

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Multiple or Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Indefinite Quantity with Firm Fixed Unit Prices

Contract Duration:

Five (5) years

Primary Place of Performance:

7450 Traffic Drive, Building #4 Hanover, Maryland 21076

SBR Designation: No

Federal Funding: Yes

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Table of Contents - MS-IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Scope of Work Document

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 Deliverable Invoicing

3.3.3 Labor Hour/Time and Materials Invoicing

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

3.11 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.13 Insurance Requirements

4 Technical Offer

4.1 Technical Offer Requirements

4.2 Technical Offer Opening

4.3 Technical Criteria

4.3.1 Offeror’s Technical Response to Requirements and Work Plan .. Error! Bookmark not defined.

4.3.2 Experience and Qualifications of Proposed Staff ......... Error! Bookmark not defined.

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4.3.3 Offeror Qualifications and Capabilities, including proposed subcontractors ........ Error!

Bookmark not defined.

Economic Benefit to State of Maryland ..................................... Error! Bookmark not defined.

4.4 Technical Offer Review

5 Bid Submission Information and Instructions

5.1 eMaryland Marketplace Advantage (eMMA)

5.2 Electronic Means

5.3 Pre-Bid Conference

5.4 Questions

5.5 Bid Due (Closing) Date and Time

5.6 Receipt, Opening and Recording of Bids

5.7 Duration of Bids

5.8 Revisions to the MS-IFB

5.9 Cancellations

5.10 Incurred Expenses

5.11 Protest/Disputes

5.12 Bidder Responsibilities

5.13 Acceptance of Terms and Conditions

5.14 Compliance with Laws/Arrearages

5.15 Verification of Registration and Tax Payment

5.16 False Statements

5.17 Confidentiality of Bids / Public Information Act Notice

5.18 Use of Bidder’s Form Not Binding on State

5.19 Attachments and Documents Required with the Bid (Table A)

5.20 Bid Delivery Instructions

5.21 Bid Evaluation Criteria and Award Basis

5.22 Tie Bids

5.23 Reciprocal Preference

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

6 MS-IFB Appendices and Exhibits

6.1 Appendices (Table C)

6.2 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:

1.1.1 Minimum Requirements for Laboratories

The Bidder and/or its sub-contractors shall be accredited under the American Association of State Highway and Transportation Officials (AASHTO) R-18 and Cement and Concrete Reference Laboratory (CCRL) ASTM C1077 for Concrete and ASTM C1222 for Laboratory Quality Systems, Criteria for the tests listed in Table A – List of Tests (Attachment No. 1)1 at the time of offer submission. Please provide a copy of AASHTO resource/CCRL certifications of Labs for the tests listed in Table A – List of Tests (Attachment No 1).

Participation in Reference Sample/Correlation Program – the bidder’s Laboratories (including sub-contractor laboratories) shall participate in any and all sample reference programs initiated by (AASHTO resource/CCRL) during the term of this agreement.

Current AASHTO proficiency programs include:

1. Concrete compressive strength

2. Chemicals

3. Soils Proficiency testing

4. Aggregate proficiency testing (Course and Fine)

5. Asphalt testing

The Bidder shall have the ability to perform specialty testing of asphalt materials/mixtures and landscape soils (Topsoil and Bio Retention Mix) or be able to provide a subcontractor to perform the specialty testing, as designated in Table A - List of Tests (Attachment No. 1). All testing laboratories shall be located within Maryland.

The laboratories shall be fully operational, in possession of all necessary calibrations, and the equipment shall be properly maintained in good working order prior to the start of testing.

1.1.2 Material Lab Staffing

The staffing shall be sufficient to meet the needs of the testing types and volumes identified in this price offer As a minimum the Contractor shall provide a list of staff: a Project Manager and Laboratory Manager for the overall project overseeing all labs, as well as a Senior Materials Technician and Technicians per lab named as being accredited for the tests listed in Table A - List of Tests (Attachment No 1).

The following are the minimum requirements for each required position.

1 Refer to Table C, Appendix 9 for this and all other references of this kind.

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Project Manager – responsible for overall contract management including being a registered Professional Engineer in Maryland and having authority over the facilities and personnel positions named below. Minimum ten (10) years of professional engineering experience.

Laboratory Manager – Must have expertise in materials testing. Individual must be listed as the manager of the subject laboratory in the AASHTO R-18 and CCRL ASTM C1077/ASTM C1222 quality systems manual. The Laboratory Manager must be present in the Contractor’s laboratory a minimum of two days per week and any subcontracted laboratory a minimum of two days per month to review the testing processes. Additionally, the Laboratory Manager must be an employee of the Contractor with authority to act on behalf of the Company.

Minimum of five (5) years of engineering, materials testing and/or laboratory management experience.

Senior Materials Technician(s) – individual(s) knowledgeable in asphalt, soils, aggregate, chemical, and concrete technology and the quality assurance and acceptance testing of the relative laboratory specimens. Minimum of three (3) years’ experience in materials testing and possess current Mid-Atlantic Region Technician Certification Program (MARTCP) Technician Certifications required for the material being tested.

Technicians – individuals employed by the contractor to perform testing on the material specimens under the guidance of the Senior Materials Technician. These individuals shall possess current MARTCP Certifications and training relative to the material being tested. Requirements of AASHTO resource/CCRL accreditation shall be followed.

1.1.3 Equipment and Supplies

The Contractor shall provide a list of following equipment and supplies along with supporting photos taken at the mentioned labs given in Table A, meeting all current OSHA and MOSHA requirements:

1. All testing equipment for both laboratory testing and field testing (if applicable) as required by the test procedures and no substitutions without approval of the Administration

2. Equipment commonly used by laboratory technicians, including, but not limited to, safety equipment and clothing, calculators and incidental equipment

3. Current laboratory testing quality control manual and copies of applicable ASTM, AASHTO, or other test standards

4. A minimum of one telephone line with answering machine

5. Minimum of one computer with operating software like Window 11, with internet access, electronic mail capability, and capability of generating pdf files

6. 24-hour emergency contact number for Project Manager and

Accredited Laboratory Managers

7. Licensed copies of all software being used for this project

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 Maryland State Highway Administration (SHA or Administration) is issuing this Multi-

Step Invitation for Bids (MS-IFB) +9630

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

2.1.2 This is a single award MS-IFB. See MS-IFB Section 5.21 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 Scope of Work Document

See Table C, Appendices #8, #9, and #10.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements & Contract Management

A. 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.

B. The Contract will utilize firm fixed unit prices for each required line item. These firm fixed unit prices, in conjunction with the estimated quantities for each line item, act as a contract ceiling amount for the overall contract spend. Estimated line item quantities are neither minimum nor maximum quantities for each individual line item. SHA will draw down against the total contract ceiling as testing services are provided. SHA will notify the contractor as tests are required and coordinate completion accordingly. Both SHA and the contractor shall track total spend against this ceiling price. The Contractor must notify SHA if the total contract spend reaches 80% of the ceiling price.

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.

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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.

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. The Contractor shall e-mail the original of each invoice to:

Contract Monitor: Intikhab Haider, Ph.D., Deputy Director, Material Quality Office of Materials Technology, 7450 Traffic Drive, Hanover, MD 21076 Email: ihaider2@mdot.maryland.gov

Elizabeth Richardson, Procurement and Finance Team Leader Office of Materials Technology, 7450 Traffic Drive, Hanover, MD 21076 Email: erichardson1@mdot.maryland.gov

B. Invoices for work performed shall be based on the established firm fixed unit prices for completed tests and services and shall be submitted on or before the 15th business day of the month following the end of the invoice period.

C. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the MS-IFB.

D. For the purposes of the Contract an amount will not be deemed due and payable if:

• The amount invoiced is inconsistent with the Contract.

• The proper invoice has not been received by the party or office specified in the Contract.

• The invoice or performance is in dispute, or the Contractor has failed to otherwise comply with the provisions of the Contract.

• The item or services have not been accepted.

• The quantity of items delivered is less than the quantity ordered.

• The items or services do not meet the quality requirements of the Contract.

• If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule.

• If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or mailto:ihaider2@mdot.maryland.gov mailto:erichardson1@mdot.maryland.gov

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• The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

3.3.2 Deliverable Invoicing

N/A

3.3.3 Labor Hour/Time and Materials Invoicing

N/A

3.3.4 Travel Reimbursement

N/A

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this MS-IFB.

3.4.2 Liquidated Damages other than MBE

This section is inapplicable to this MS-IFB.

3.4.3 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.

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3.5 Work Orders

THIS SECTION IS INAPPLICABLE TO THIS MS-IFB.

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA DX10Form20150615.pdf.

3.7 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and 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

There are programmatic conditions that apply to the Contract due to federal funding (see Attachment H.1 and Attachment H.2).

The Contract contains federal funds. The Annual Publication of Assistance Listings number is:

20.205. The sources of these federal funds are Transportation Trust Fund, Transportation Alternatives Program (TAP) and Federal Highway Administration (FHWA) grants which includes Fund 77, Fund 76, and Fund 80, etc. The conditions that apply to all federal funds awarded by the State are contained in Federal Funds Attachment H.1. Any additional conditions that apply to this particular federally-funded contract are contained as supplements to Federal Funds Attachment H.1 and Bidders are to complete and submit these Attachments with their Bids as instructed in the Attachments. Bidders are not required to complete and submit Attachment H.2, as no information from Bidders is requested in Attachment H.2.

By completing and submitting Attachment H.1, the Bidder agrees to comply. Acceptance of this agreement indicates the Bidder’s intent to comply with all federal funding conditions (which are part of the Contract).

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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 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 offers for a procurement, or the selection or award made in response to an invitation for bids or a request for offers, or a person that employs the individual, may not: (1) submit a bid or offer for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or offer 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.

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:

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

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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. Errors and Omissions/Professional Liability - One million dollars ($1,000,000) per combined single limit per claim and three million dollars ($3,000,000) annual aggregate.

C. 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.

D. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

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

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

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

3.13.5 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.13.6 Subcontractor Insurance

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

3.14 Contract Provision Domestic Materials Procurement Preference (BA and BABA Requirements)

This provision shall apply to all Federal-aid highway projects carried out within the scope of an approved NEPA document, provided that any portion of the project is at least partially financed with Federal-aid funds.

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The prime contractor and all subcontractors shall comply with 23 U.S.C. 313 and 23 CFR 635.410 for iron or steel products, and manufactured products, and with 2 CFR 184 for construction materials.

An article, material, or supply shall be classified into one of the following categories based on its status at the time it is brought to the worksite for incorporation into an infrastructure project: iron or steel products, manufactured products, or construction materials.

An article, material, or supply shall be classified in only one category except for the two items described in 23 CFR 635.410(c)(2) and listed below, which shall be classified as both manufactured products and iron or steel products:

(1) Precast Concrete products.

(2) Intelligent Transportation Systems, and other electronic hardware cabinets and enclosures.

These items must comply with the appropriate manufactured product requirement and with the iron or steel products requirements for all components of these manufactured products that consist wholly or predominantly of iron or steel or a combination of both.

All articles, materials, or supplies used on this contract and permanently incorporated into the project, including all materials/items supplied, shall comply with the Domestic Materials Procurement preference requirements:

(A) Iron or Steel Products: Articles, materials, or supplies that consist wholly or predominantly of iron or steel, or a combination of both, must be produced in the United States. This requires that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components.

(B) Manufactured Products: All manufactured product is permanently incorporated into project must be produced in the United States. A manufactured product is defined as articles, materials, or supplies that have been processed into a specific form and shape, or combined with other articles, materials, or supplies to create a product with different properties.

Product Manufactured in the United States means that the final assembly occur in the United States.

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Component means an article, material, or supply, whether manufactured or unmanufactured, incorporated directly into a manufactured product or, where applicable, an iron or steel product.

A manufactured product is defined as articles, materials, or supplies that have been processed into a specific form and shape, or combined with other articles, materials, or supplies to create a product with different properties.

Martials classified as a manufactured product are currently waived from Buy America requirement by an FHWA general waiver.

(C) Construction materials: All construction materials shall be produced in the United States. This means that all manufacturing processes as defined in 2 CFR 184.6 for the construction material occurred in the United States. Construction materials used in public works infrastructure projects are:

(1) Non-ferrous metals;

(2) Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables);

(3) Glass (including optic glass);

(4) Fiber optic cable (including drop cable);

(5) Optical fiber;

(6) Lumber;

(7) Engineered wood; and

(8) Drywall.

(D) Excluded Materials are cement and cementitious material; aggregates such as stone, sand, or gravel; and aggregate binding agents or additives. These materials on their own are not manufactured products and do not have any domestic material requirement.

Mixtures of excluded materials, such as wet concrete or hot mix asphalt, delivered to a work site without final form for incorporation into a project are also not a manufactured product and are considered excluded.

Material certifications for all iron or steel products, manufactured products, and construction materials shall originate from the manufacturer of the materials or products (not fabricator or distributor or supplier). The certificate must identify where the material was produced and include a statement that specifically attests that the material complies with 23 CFR 635.410 for iron or steel products, and manufactured products, or 2 CFR 184 for construction materials. The Prime

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Contractor shall provide the required certifications to the Engineer prior to such items being incorporated into the permanent work and before any payment for the material.

A minimal use of foreign steel or iron products is permitted, provided the delivered cost to the project does not exceed 0.1 percent of the total contract amount, or $2,500, whichever is greater.

All occurrences of foreign material incorporation shall be declared to the Engineer in writing prior to installation and payment.

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4 Technical Offer

4.1 Technical Offer Requirements

The Technical Offer shall include the following documents and information in the order specified as follows. Each section of the Technical Offer shall be separated by a TAB as detailed below:

A. Title Page and Table of Contents (Submit under TAB A)

The Technical Offer should begin with a Title Page bearing the name and address of the Offeror and the name and number of this MS-IFB. A Table of Contents shall follow the Title Page for the Technical Offer, organized by section, subsection, and page number.

B. Claim of Confidentiality (If applicable, submit under TAB B)

Any information which is claimed to be confidential and/or proprietary information should be identified by page and section number and placed after the Title Page and before the Table of Contents in the Technical Offer, and if applicable, separately in the Financial Offer. An explanation for each claim of confidentiality shall be included (see Section 5.17 “Public Information Act Notice”). The entire Offer cannot be given a blanket confidentiality designation - any confidentiality designation must apply to specific sections, pages, or portions of pages of the Offer and an explanation for each claim shall be included.

C. Offeror Information Sheet, Transmittal Letter, and Executive Summary (Submit under TAB C)

The Offeror Information Sheet (Table A – Attachment F) and a Transmittal Letter shall accompany the Technical Offer. The purpose of the Transmittal Letter is to transmit the Offer and acknowledge the receipt of any addenda to this MS-IFB issued before the Offer due date and time. Transmittal Letter should be brief and must be signed by an individual who is authorized to commit the Offeror to its Offer and the requirements as stated in this MS-IFB.

Additionally, the Offeror shall condense and highlight the contents of the Technical Offer in a separate section titled “Executive Summary.” The Executive Summary shall indicate whether the Offeror is the subsidiary of another entity, and if so, whether all information submitted by the Offeror pertains exclusively to the Offeror. If not, the subsidiary Offeror shall include a guarantee of performance from its parent organization as part of its Executive Summary.

The Executive Summary shall also identify any exceptions the Offeror has taken to the requirements of this MS-IFB, any other exhibits or attachments. Acceptance or rejection of exceptions is within the sole discretion of the State. Exceptions to terms and conditions, including requirements, may result in having the Offer deemed unacceptable or classified as not reasonably susceptible of being selected for award.

D. Minimum Qualifications Documentation (If applicable, Submit under TAB D)

The Offeror shall submit any Minimum Qualifications documentation that may be required, as set forth in MS-IFB Section 1.1. If references are required in MS-IFB Section 1.1, those references shall be submitted in this section

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E. Offeror Technical Response to MS-IFB Requirements and Proposed Work Plan (Submit under TAB E)

1) The Offeror shall address each MS-IFB requirement in its Technical Offer with a cross reference to the requirement and describe how its proposed goods and services, including the goods and services of any proposed subcontractor(s), will meet or exceed the requirement(s). If the State is seeking Offeror agreement to any requirement(s), the Offeror shall state its agreement or disagreement. Any paragraph in the Technical Offer that responds to an MS-IFB requirement shall include an explanation of how the work will be performed.

2) Any exception to a requirement, term, or condition may result in having the Offer classified as not reasonably susceptible of being selected for award or the Offeror deemed not responsible.

3) The Offeror shall give a definitive section-by-section description of the proposed plan to meet the requirements of the MS-IFB, i.e., a Work Plan. The Work Plan shall include the specific methodology, techniques, and number of staff, if applicable, to be used by the Offeror in providing the required goods and services as outlined in MS-IFB Section 2.2, Scope of Services. The description shall include an outline of the overall management concepts applied by the Offeror and a project management plan, including project control mechanisms and overall timelines.

4) Implementation Schedule of Work Plan - Offeror shall provide the proposed implementation schedule with its Offer.

F. Experience and Qualifications of Proposed Staff (Submit under TAB F)

Using

1) Describe in detail how the proposed staff’s experience and qualifications relate to their specific responsibilities, including any staff of proposed subcontractor(s), as detailed in the Work Plan.

2) Include individual resumes for Key Personnel, including Key Personnel for any proposed subcontractor(s), who are to be assigned to the project if the Offeror is awarded the Contract. Each resume should include the amount of experience the individual has had relative to the Scope of Work set forth in this solicitation.

3) Provide an Organizational Chart outlining Personnel and their related duties. The Offeror shall include job titles and the percentage of time each individual will spend on his/her assigned tasks. Offerors using job titles other than those commonly used by industry standards must provide a crosswalk reference document.

4) If proposing differing personnel work hours than identified in the MS-IFB, describe how and why it proposes differing personnel work hours.

5) Resumes for proposed personnel, or a detailed hiring plan to recruit the needed personnel including a timeline, must be submitted with the Technical Offer. The Contractor shall hire all personnel within 30 days of the date on the NTP

G. Offeror Qualifications and Experience (Submit under TAB G)

The Offeror shall include information on experience with three similar projects and services (3 pages max per project) including information in support of the Offeror Experience criteria

IFB for Maryland State Highway Administration Page 21 of 37 in section 2. The Offeror shall describe how its organization can meet the requirements of this MS-IFB and shall also include the following information:

1) The number of years the Offeror has provided the similar goods and services;

2) The number of clients/customers and geographic locations that the Offeror currently serves.

3) The names and titles of headquarters or regional management personnel who may be involved with supervising the services to be performed under the Contract;

4) The Offeror’s process for resolving billing errors; and

5) An organizational chart that identifies the complete structure of the Offeror including any parent company, headquarters, regional offices, and subsidiaries of the Offeror.

6) Whether relevant contract (s) was (were) terminated before the end of the term specified in the original contract, including whether any available renewal option was not exercised. Information obtained regarding the Offeror’s level of performance on State contracts will be used by the Procurement Officer to determine the responsibility of the Offeror and considered as part of the experience and past performance evaluation criteria of the MS-IFB.

H. References (Submit under TAB H)

Submit using Table A – Attachment L. Three (3) references are requested from customers who are capable of documenting the Offeror’s ability to provide the goods and services specified in this MS-IFB. All references must meet Minimum Qualifications (see MS-IFB Section 1) listed above to be considered relevant. Each reference shall be from a client for whom the Offeror has provided goods and services within the past five (5) years and has been active for a minimum of one year as of the bid closing date. Each reference shall include the following information:

1) Name of client organization.

2) Name, title, telephone number, and e-mail address, if available, of point of contact for client organization; and

3) Value, type, duration, and description of goods and services provided.

The Maryland State Highway Administration reserves the right to request additional references or utilize references not provided by the Offeror. Points of contact must be accessible and knowledgeable regarding Offeror performance.

I. Financial Capability (Submit under TAB I)

The Offeror must include in its offer a commonly accepted method to prove its fiscal integrity. If available, the Offeror shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred).

In addition, the Offeror may supplement its response to this Section by including one or more of the following with its response:

1) Dun & Bradstreet Rating.

2) Standard and Poor’s Rating.

3) Lines of credit.

4) Evidence of a successful financial track record; and

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5) Evidence of adequate working capital.

J. Certificate of Insurance (Submit under TAB J)

The Offeror shall provide a copy of its current certificate of insurance showing the types and limits of insurance in effect as of the Offeror’s Offer submission date.

K. Subcontractors (Submit under TAB K)

Using Table A – Attachment P, The Offeror shall provide a complete list of all subcontractors that will work on the Contract. This list shall include a full description of the duties each subcontractor will perform and why/how each subcontractor was deemed the most qualified for this project. Include letters of intended commitment to work on the project, including letters from any proposed subcontractor(s).

L. Legal Action Summary (Submit under TAB L)

Submit using Table A – Attachment N. This summary shall include:

1) A statement as to whether there are any outstanding legal actions or potential claims against the Offeror and a brief description of any action.

2) A brief description of any settled or closed legal actions or claims against the Offeror over the past five (5) years.

3) A description of any judgments against the Offeror within the past five (5) years, including the court, case name, complaint number, and a brief description of the final ruling or determination; and

4) In instances where litigation is ongoing and the Offeror has been directed not to disclose information by the court, provide the name of the judge and location of the court.

M. Economic Benefit Factors (Submit under TAB M)

The Economic Benefit narrative requested in this solicitation is for informational and reporting purposes only. It will not be scored, evaluated, or used to determine technical acceptability or award. Submission of this section is encouraged but not mandatory, and omission will not result in disqualification.

1) The Offeror may submit with its Offer a narrative describing benefits that will accrue to the Maryland economy as a direct or indirect result of its performance of the Contract.

2) Offerors may identify any performance guarantees that will be enforceable by the State if the full level of promised benefit is not achieved during the Contract term.

3) As applicable, for the full duration of the Contract, including any renewal period, or until the commitment is satisfied, the Contractor may provide to the Procurement Officer or other designated agency personnel reports of the actual attainment of each benefit listed in response to this section.

4) In responding to this section, the following do not generally constitute economic benefits to be derived from the Contract:

• Generic statements that the State may benefit from the Offeror’s superior performance under the Contract.

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• Descriptions of the number of Offeror employees located in Maryland other than those that will be performing work under the Contract; or

• Tax revenues from Maryland-based employees or locations, other than those that will be performing, or used to perform, work under the Contract.

5) Discussion of Maryland-based employees or locations may be appropriate if the Offeror makes some projection or guarantee of increased or retained presence based upon being awarded the Contract.

6) Examples of economic benefits to be derived from a contract may include any of the following. For each factor identified below, identify the specific benefit and contractual commitments and provide a breakdown of expenditures in that category:

• The Contract dollars to be recycled into Maryland’s economy in support of the Contract, through the use of Maryland subcontractors, suppliers and joint venture partners. Do not include actual fees or rates paid to subcontractors or information from your Financial Offer.

• The number and types of jobs for Maryland residents resulting from the Contract; Indicate job classifications, number of employees in each classification and the aggregate payroll to which the Offeror has committed, including contractual commitments at both prime and, if applicable, subcontract levels; and whether Maryland employees working at least 30 hours per week and are employed at least 120 days during a 12-month period will receive paid leave. If no new positions or subcontracts are anticipated as a result of the Contract, so state explicitly;

• Tax revenues to be generated for Maryland and its political subdivisions as a result of the Contract. Indicate tax category (sales taxes, payroll taxes, inventory taxes and estimated personal income taxes for new employees).

Provide a forecast of the total tax revenues resulting from the Contract;

• Other benefits to the Maryland economy which the Offeror promises may result from awarding the Contract to the Offeror, including contractual commitments. Describe the benefit, its value to the Maryland economy, and how it may result from, or because of the Contract award. Offerors may commit to benefits that are not directly attributable to the Contract, but for which the Contract award may serve as a catalyst or impetus.

N. Technical Offer - Required Forms and Certifications (Submit under TAB N)

1) All forms required for the Technical Offer are identified in Attachments and Appendices. Unless directed otherwise by instructions within an individual form, complete, sign, and include all required forms in the Technical Offer.

2) Offerors shall furnish any and all agreements and terms and conditions the Offeror expects the State to sign or to be subject to in connection with or in order to use the Offeror’s services under this Contract. This includes physical copies of all agreements referenced and incorporated in primary documents, including but not limited to any software licensing agreement for any software proposed to be licensed to the State under this Contract (e.g.,…