ENTERPRISE GOLF COURSE SAND BUNKERS - CONSTRUCTION

IFB# B46-140A

Enterprise Golf Course Sand Bunkers - Construction

The Maryland National Capital Park and Planning Commission, Prince George’s County Department of Parks and Recreation, is soliciting bids from qualified contractors for installation of sand bunkers at the Enterprise Golf Course located at 2802 Enterprise Road, Mitchellville, MD 20721

Vendors are strictly prohibited from utilizing any form of Artificial Intelligence (AI) Bots, automated tools, or virtual assistants during Pre-Proposal/Bid Conferences. All communications and participation in such conferences must be conducted by human representatives of the vendor organization. Vendors who utilize any form of (AI) Bots, automated tools, or virtual assistants during the conference will be removed from the meeting. Reasonable modifications and accommodations will be provided by the Commission upon request with reasonable advance notice.

BID DUE DATE/TIME: 3:00 P.M. on Monday, October 5, 2026

RELEASE DATE: Monday, September 21, 2026

The Maryland National Capital Park & Planning Commission

Prince George’s County Department of Parks & Recreation Capital Planning & Development Division

6600 Kenilworth Avenue • Riverdale, Maryland 20737 •301-699-2569

INVITATION FOR BID

IFB NUMBER: B46-140A

THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

INVITATION FOR BID (IFB) SUMMARY

IFB Number: B46-140A

Bid Name:

Enterprise Golf Course Sand Bunkers Construction

Deadline for Bids: Monday, October 5, 2026 NO LATER THAN 3 PM

Submit Bid To:

Bids shall be submitted online through the Commission’s electronic bid service provider (OPEN GOV PROCUREMENT).

The Commission will not be accepting paper copies of bids.

Please follow the link below to submit an electronic bid for this solicitation:

https://secure.opengov.com/portal/mncppc Bids delivered to any location or electronic submission other than the Commission’s electronic bid service provider (OpenGov Procurement) listed above will not be considered. Oral, telephonic, telegraphic, and facsimile bids will not be accepted. No bids shall be delivered by mail or courier service, the bidder assumes full responsibility for its timely delivery to the designated website (OpenGov Procurement). Bids received after the date and time specified for receipt of Bids will be rejected and returned unopened. Bidders are to conform to the procurement conditions herein.

Bid Submittal Instructions:

The bid package must include all required information as outlined in this solicitation and submitted electronically through the Commission’s electronic bid service provider (OPEN GOV PROCUREMENT).

All addendums and notices will be posted on OPEN GOV

PROCUREMENT. THE COMMISSION IS NOW REQUIRING ALL

VENDORS TO REGISTER ON THE COMMISSION’S ONLINE

VENDOR REGISTRATION (EZ PROCUREMENT).

Prospective Bidders should register as a vendor to be included in the Commission’s bidders list.

Inquiries: All inquiries regarding this proposal are to be made to:

Rocheta Locklear, Construction Procurement Specialist 6600 Kenilworth Avenue Riverdale, MD 20737 Email: Rocheta.Locklear@pgparks.com Phone: 301-699-2562 https://secure.opengov.com/portal/mncppc

Table of Contents

Part I. Instructions to Bidders …………………………………………………………...4

Part II. Special Conditions………………………………………………………………..22

Part III. Project Description and Scope of Work…………………………………..….25

Part IV. Construction General Conditions.…………………………………………….31

Part V. Bid Response……………………………………………………………………..115

Part VI. Forms…………….………………………………………………………………..117

Part VII. Attachments………………………………………………………….………… 128

PART I. INSTRUCTIONS TO BIDDERS

THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

INSTRUCTIONS TO BIDDERS

1. PROJECT OVERVIEW

This project, “Enterprise Sand Bunkers-Construction” in the Enterprise Complex, includes reconstruction and rehabilitation of the sand bunkers on the golf course. The project also includes improvements to the several fairways and green complexes as well as drainage and aesthetic improvements to the golf course. All associated grading, and necessary site work as well as restoration is included in this project. The golf course is located at 2802 Enterprise Road, Mitchellville, MD 20721.

2. DEFINITIONS (Note: Terms in all Capital Letters are defined in the General Conditions) The BIDDING DOCUMENTS for this procurement consist of the

“Advertisement for Bids” or “NOTICE TO BIDDERS,” the "INVITATION FOR SEALED BIDS” (or “Invitation for Bids”), the "INSTRUCTIONS TO BIDDERS" and any “Supplemental Instructions to Bidders,” the "BID FORMS," the "CONTRACT" and all "Contract forms," the "General Conditions" and any " Supplemental General Conditions," the "Special Conditions" and/or other "Conditions of the Contract," the "PLANS" or “Drawings,” the "SPECIFICATIONS," and all "ADDENDA" to any of the foregoing issued prior to the time of bid opening. Unless otherwise herein specifically indicated to the contrary, definitions set forth in any of the Conditions of the Contract are applicable to the Bidding Documents.

ADDENDA are written or graphic documents issued by the Commission or its

Design Professional, prior to the time of bid opening, which revise or interpret the Bidding Documents by addition, deletion, clarification or correction.

A BID is a completed and executed written offer contained upon the Bid Form, which is submitted to the Commission pursuant to and in accordance with an INVITATION FOR SEALED BIDS and which sets forth the price, terms and description of the supplies, materials, services and construction or construction-related work which the Bidder proposes to furnish and perform on behalf of the Commission in response to an Advertisement for Bids or “NOTICE TO BIDDERS.”

The CONTRACT DOCUMENTS for this procurement will consist of the

"INSTRUCTIONS TO BIDDERS" and any "Supplemental Instructions to Bidders," the "BID FORMS," the “Insurance Check List," the "CONTRACT" and all "CONTRACT FORMS," the "General Conditions" and any "Supplemental General Conditions," the "Special Conditions" and/or other "Conditions of the Contract," the "PLANS" or “Drawings,” the "SPECIFICATIONS," and all "CHANGE ORDERS" or

"AMENDMENTS" to any of the foregoing issued subsequent to the award and execution of the Contract. Unless otherwise therein specifically indicated to the contrary, definitions set forth in any of the Conditions of the Contract are applicable throughout the Contract Documents.

CHANGE ORDERS or AMENDMENTS are written documents issued by the

Commission, and executed by both the Contractor and the Commission, subsequent to the award and execution of the Contract, which alter, add to or delete from the requirements of the Contract Documents. A sample Change Order is included in Part VI (Sample Contract Documents) of this solicitation.

CHANGE ORDERS or AMENDMENTS are written documents issued by the Commission, and executed by both the Contractor and the Commission, subsequent to the award and execution of the Contract which alter, add to or delete from the requirements of the Contract Documents. A sample Change Order is included in Part VI (Sample Contract Documents)

3. NOTICE TO BIDDERS

Notice to potential Bidders of a proposed procurement by the Commission of either supplies, services or construction will be given by the publication of an Advertisement For Bids and the issuance of an Invitation For Bids, which will contain a brief description of the planned work and information regarding the availability of Bidding and Contract Documents, including but not limited to Instructions to Bidders, Bid Forms, the Contract and its General Conditions, and the project's Plans and Specifications.

4. ADDENDA TO BIDDING AND CONTRACT DOCUMENTS

Any revision or alteration to either the Bidding or Contract Documents issued to the public will be made in writing. Unless otherwise specifically indicated to the contrary by any Supplemental Instructions to Bidders, all prospective Bidders who have obtained copies of the Bidding and Contract Documents from the Commission shall acknowledge receipt of each Addendum on the form provided by the Commission for that purpose, and all Bidders shall also acknowledge receipt of all such Addenda in the space provided for doing so on the Bid Form.

5. CANCELLATION OF INVITATIONS FOR BIDS

At any time prior to the award of the solicitation, whenever it determines that such action is fiscally advantageous to it or otherwise in its best interest, the Commission may cancel in whole or in part any Invitation For Bids. Whenever such action is taken before the Bids are opened by the Commission, Bids will be returned unopened to all Bidders, together with a Notice of Cancellation which will contain any information then known to the Commission regarding future plans related to the procurement.

Whenever such action is taken after the Bids are opened, the Commission will send a Notice of Cancellation which will contain any information then known to the Commission regarding future plans related to the procurement.

6. INVESTIGATION OF LOCAL AND SITE CONDITIONS

By submitting a bid, Bidders acknowledge that they have conducted an investigation of the local and site conditions and satisfied themselves as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, the handling and storage of materials and equipment, the availability of labor, water, electric power and roads, uncertainties of weather, river stages, tides or similar physical conditions at the site, the conformation and conditions of the ground, and the character of the equipment and facilities needed preliminary to and during the prosecution of the work.

Bidders further acknowledge that they have satisfied themselves as to the character, quality and quantity of the surface and subsurface materials existing at the site, including the presence of hazardous materials and the requirements for their removal, or obstacles to be encountered, insofar as that information is reasonably ascertainable from either an inspection of the site, the exploratory work done by the Commission or the information presented by the Drawings and Specifications for the Work.

Bidders further acknowledge that they have confirmed the existence and location of all utilities by contacting Miss Utility. Any failure by Bidders to acquaint themselves with the available information will not relieve them of responsibility for having properly estimated the difficulty or cost of successfully performing the Work. Bidders are solely responsible for all conclusions and interpretations made by them on the basis of the information made available by the Commission.

7. EXAMINATION OF PLANS AND SPECIFICATIONS

By submitting a bid, Bidders acknowledge that they have examined the Drawings, Specifications and other Contract Documents, and also satisfied themselves that where the Contract Documents require, for any part of the Work, that a given result be produced, those Contract Documents are adequate to produce that required result.

Bidders further acknowledge that they will make no claim for any changed or additional Work upon the basis of any alleged impossibilities in the production of the result required by the Contract Documents, or because of any allegedly inadequate or improper Drawings and Specifications. Whenever such a given result is required, Bidders acknowledge that they will provide any and all extras and make any changes needed to produce, to the satisfaction of the Construction Manager, that required result.

8. INTERPRETATION OF BIDDING AND CONTRACT DOCUMENTS

Should a Bidder, upon an examination of the Bidding and Contract Documents, or after conducting an investigation of local and site conditions and performing a review of any information related thereto provided by the Commission, require an interpretation or clarification of any provision of such documents or information, or believe there to be any ambiguity or error in or inconsistency or discrepancy between, or otherwise be in doubt as to the meaning or intent of, any part or portion of those documents or that information, the Bidder shall notify the Commission in writing at least five (5) working days prior to the date set for receipt of Bids.

A Bidder who fails to request any such interpretation or clarification waives any claim for additional cost or time for any ambiguity or error in or inconsistency or discrepancy between any such documents and/or information which is found to have been apparent at the time of receipt of Bids.

All interpretations, clarifications, corrections, changes or other directions related to any such notifications or requests received will be rendered in writing by the Commission, sent to all prospective Bidders who obtained copies of the documents and information from the Commission ("listed holders of Bidding Documents"), and will also be made available at the Pre-Bid Conference. Any such interpretation, clarification, correction, change or other direction deemed by the Commission to have a possible material effect on Bids will be issued to listed holders of Bidding Documents by a written Addendum thereto no fewer than five (5) working days prior to bid opening. Responses to Bidder notifications and inquiries made in any other manner, and especially any oral explanations, instructions or comments provided by any representative of the Commission or its Design Professional(s), will not be binding on the Commission.

9. INTERPRETATION OF ESTIMATED QUANTITIES

Where designated as estimated quantities, quantities stated in either the Bidding or Contract Documents are approximate only. Payment will be made only for the actual quantities of Work performed or materials furnished in accordance with the Contract, as provided for in the General Conditions.

10. EQUAL PRODUCTS, MATERIALS AND EQUIPMENT

Except as may be specifically indicated to the contrary elsewhere within the Bidding or Contract Documents, the specification by description of or reference to any particular product or item of material or equipment by type, brand name, make, model, catalogue number or design description is intended only to establish a standard of quality and any product, material or equipment of equal quality which is also the functional equivalent of and possesses the salient characteristics found in the particular item so specified may be substituted therefore upon the approval of the Construction Manager. Where, however, the Bidding or Contract Documents specify any such particular product or item of material or equipment and indicate that no substitution for that particular item will be permitted, the use of the item so specified will be required.

Unless approved by the Construction Manager and incorporated into the Bidding and Contract Documents by an Addendum thereto prior to receipt of Bids, the Bidder bears all risk of the denial of any post-contract award request for the approval of any proposed equal substitution and, in the absence of such approval, will be required to provide all particular products and items of material and equipment specified by the Contract Documents.

11. SUBSTITUTIONS

Substitutions are considered to be:

A. Any change to the specifications in the bid proposal other than an "or equal" product.

B. Any change to the specifications after the bid opening.

No substitution will be considered prior to receipt of Bids unless a written request for approval has been received by the Commission 10 calendar days prior to the date set for the opening of the bid. Each request must include the name of the material or equipment for which it is to be substituted as well as a complete description of the proposed substitute including, as appropriate, drawings, cuts, performance and test data, and any other information necessary for evaluation. The burden of proof of the merit of the proposed substitute is upon the Bidder.

The decision made by the Commission's representative to approve or disapprove a proposed substitution will be final. If the representative approves any proposed substitution prior to receipt of Bids, such approval will be set forth in a written addendum to the bid document. Bidders must not rely upon approvals made in any other manner.

The procedure described above also applies to requests for approval of "or equal" products prior to bid opening. The Commission is under no obligation to consider any substitution after the bid opening. However, if it is in the best interest of the Commission to consider a substitution, it may do so. Any substitutions that are accepted by the Commission after the bid opening will be provided for in the contract, or in an amendment to the contract, or by change order to the contract.

12. TAXES

The Bidder is responsible for, and by submitting a bid agrees to pay, all Federal, State and local sales and use, income, real estate, transportation and special taxes applicable to and assessable against the use, purchase or rental of any materials, supplies, tools, equipment, processes and operations incident to or involved in the performance and completion of the work, including the Maryland Retail Sales Tax.

13. ANTI-DISCRIMINATION PROGRAM

By submitting a bid, a Bidder shall understand and agree to:

A. Not discriminate against minority, female and disabled-owned firms

(MFDs) in the selection of subcontractors on Commission projects. For contracts with subcontracting opportunities, offerors are required to provide MFDs the opportunity to submit Bids as subcontractors and to award those MFDs submitting low Bids the subcontracts unless there are legitimate reasons not to do so. On certain contracts, the Commission will require offerors to submit standard forms with the Bids that indicate how they have complied with the subcontracting non-discrimination requirements. The bid documents identify if submission of these forms is required.

B. Not discriminate against MFDs in their performance of work as subcontractors on Commission contracts.

C. Submit forms verifying payment to subcontractors throughout the course of a contract.

D. Not discriminate against any employee or applicant for employment because of age, sex, race, creed, disability or national origin. If a firm is determined by a final order of an administrative agency or a court to be in violation of federal, state or county non- discrimination laws, any agreement entered into by the Commission with a firm may be terminated or suspended in whole or in part by the Commission, and the firm may be debarred from bidding on future contracts with the Commission.

The subcontracting non-discrimination program shall apply not only to the initial contract award, but also to certain major change orders and amendments that serve to increase the dollar value of the initial contract.

Any violation of the Commission’s Anti-Discrimination Program may result in suspension or debarment of the violator as well as other civil or administrative remedies.

A minority-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by one or more individuals from the following groups: African Americans (all persons having origins in and of the Black racial groups of Africa), Hispanics (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race), Asians or Pacific Islanders (all persons having origins in any of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands), and Native Americans (all persons of American Indian, Aleut, Eskimo or Native Hawaiian background). A female-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by one or more women. A disabled-owned business is any entity that engages in commercial transactions and is at least 51 percent owned and controlled by persons with physical or mental impairment that substantially limits one or more of the major life activities of the individual, as defined in the Americans with Disabilities Act of 1990.

14. PREPARATION OF BIDS

Bidders shall submit their Bids upon the forms, or reproductions thereof, provided for such purposes in the Bid Forms of the Bidding Documents. Bid Amounts shall be stated in dollars and cents, both written out in words and set forth in figures. In case of any discrepancies between written amounts and amounts shown in figures, the written amounts shall govern. Where separate prices are requested for individual pay or line items, and/or unit prices based upon estimated quantities are indicated to be separately stated for any such item, the Bidder shall (in the manner indicated above) provide both such separate prices and an extended unit price amount, together with a total amount of the bid obtained by adding up all of the amounts shown for the several items. In the case of any discrepancies between the amounts stated for unit prices and their extensions, the stated unit prices shall govern. In the case of any discrepancies between the separate amounts stated for individual pay or line items and the total amount of the bid indicated, the actual aggregate total of the amounts stated for the individual items, including any corrected extended unit prices, shall govern. The Bid Forms shall be filled out in ink or typed provided in electronic format. Any obliterations thereupon or alterations thereof shall be initialed in ink by the signatory of the forms.

The Commission may consider as nonresponsive any bid on which there is an alteration of or departure from any of the Bid Forms.

The Bidder shall execute and submit to the Commission, as is appropriate for the particular solicitation, the following Forms:

1. Bid Form

2. Bid Bond/Guaranty

3. Nondiscrimination in Subcontracting Form

4. Proposed Subcontractor Utilization Form

5. Insurance Checklist

6. Statement of Responsibility

Submit these items (and any others specified in this solicitation) along with a Bid Bond.

Retain all other bid documents. FAILURE TO COMPLETE THE APPROPRIATE

FORMS MAY RESULT IN REJECTION OF YOUR BID.

The Bid, if submitted by an individual, shall be signed by that individual; if submitted by a partnership, it shall be signed by such member or members thereof as have authority to bind the partnership; if submitted by a corporation, it shall be signed by an officer thereof and be attested to by the corporate secretary or an assistant corporate secretary. If a bid is submitted by a corporation and is not signed as aforesaid, there must be attached to the bid a copy of that portion of the corporation By-Laws or a copy of a resolution of the corporation's Board of Directors, duly certified by the corporate secretary, showing the authority of the person so signing the bid on behalf of the corporation.

Unless specifically requested, alternative or multiple Bids will not be considered.

15. MODIFICATION OR WITHDRAWAL OF BIDS

Any time prior to the specified bid opening time and date, Bids may be modified or withdrawn in person by a Bidder or his or her authorized representative, if proper identification acceptable to the Purchasing Manager is provided and the person withdrawing the bid signs a receipt for the withdrawn bid. This can also be accomplished by mail, with the approval of the Purchasing Manager, if the conditions stated above are met.

16. LATE BIDS, MODIFICATIONS AND WITHDRAWALS

If a Bidder submits a bid or request for withdrawal after the time set for receipt of Bids, the following applies.

A. A late bid, late modification or late request for withdrawal will not be considered. Any bid, proposal or modification to a bid or proposal received at the place designated in the solicitation after the time set for receipt of Bids is late and will not be considered for award.

B. Any request for withdrawal or request for modification received at the place designated for bid opening after the time set for opening of Bids is late.

C. A late bid shall not be opened and shall be returned to the Bidder. (If the envelope containing a late bid does not clearly identify the Bidder, a Commission staff member may open the bid to determine where to return it.)

D. Exceptions to these rules may be made when a late bid, modification, or withdrawal would have been timely but for the action or inaction of procurement personnel directing the procurement activity.

E. In the event that the Commission offices are closed due to weather or other contingencies, the Bids will be accepted until 10:00 A.M. on the first full Commission business day following the last designated closing date.

17. EXTENSION OF BID OPENING

The Commission may extend the bid opening date at its option. If the date is extended, the Commission will notify all prospective Bidders who have obtained copies of the bid documents from the Commission.

18. IRREVOCABILITY OF BIDS

Unless otherwise provided for by the Bidding Documents, Bids submitted shall be irrevocable for a period of one hundred twenty (120) calendar days following the date of bid opening.

19. RESPONSE TO SOLICITATIONS

In the event a Bidder cannot or chooses not to submit a bid on this solicitation, the Bidder should return an explanation as to why the Bidder elected not to respond.

Because of the large number of firms listed on the Commission’s Bidders list, it may be necessary to delete from this list the name of those Bidders who repeatedly fail to respond to Commission solicitations for Bids. The return of a “No bid” is not considered a failure to respond.

20. BID GUARANTIES, PAYMENT AND

PERFORMANCE BONDS AND CERTIFICATES

OF INSURANCE

All Bids, where total bid is in excess of $100,000.00, must be accompanied by a Bid Bond, in an amount equal to not less than five percent (5%) of the total amount of the Base Bid, properly executed in favor of the Commission. A performance bond and a labor and material payment bond, each in the amount of 100 percent of the contract amount, are required for any construction contract in excess of $100,000.00.

Acceptable security for bonds include:

A. A bond in a form satisfactory to the Commission underwritten by an acceptable bonding company. Acceptable bonding companies are those having active claims offices in the District of Columbia; Arlington or

Fairfax Counties or the City of Alexandria in Virginia; or Montgomery, Prince George’s or Baltimore Counties in Maryland; and which are licensed by the Maryland Commissioner of Insurance and currently have a “A” or better rating from A.M. Best Company, or a minimum Standard & Poor’s rating of BBBq. The bonding company must have a resident agent named in Maryland.

B. A bank certified check, bank cashier’s check, bank treasurer’s check, or bank trust account.

C. Pledge of securities backed by the full faith and credit of the United States Government or bonds issued by the State of Maryland or Montgomery or Prince George’s Counties in Maryland.

D. Irrevocable Letter of Credit acceptable to the Commission.

E. Alternative security approved by the Secretary-Treasurer.

The life of all contract securities must be consistent with the performance period of the contract.

All bid guaranties, except those of the three lowest Bidders, will be returned upon request following the opening and evaluation of Bids. The guaranties of the three lowest Bidders are to be returned upon request following the execution of the awarded contract by the successful Bidder.

The successful Bidder must deliver the executed performance and payment bonds, together with all certificates of insurance required by the contract documents and the executed contract, to the Commission within 10 calendar days after receipt of the proposed contract. If the successful Bidder fails to deliver these items within that period, the Commission will reject the bid and Bidder will forfeit the bid guaranty. The Commission may then award the contract to the next lowest responsive and responsible Bidder.

21. OPENING OF BIDS

Bids, and modifications thereof which comport with the requirements of these Instructions to Bidders, will be opened at the established place, date and time and read aloud, or otherwise be made available for public inspection for a reasonable time after bid opening, to the extent of at least identifying the name of each Bidder, the bid prices and such other information as is, in its sole discretion, deemed appropriate by the Commission. Such information will also be recorded at the time of bid opening, and either a tabulation or an abstract of such information will be made. The Bids themselves, or a tabulation or abstract of the bid information, will be made available for public inspection before contract award, except to the extent that a Bidder has identified portions thereof which contain confidential or proprietary information or trade secrets that the Commission has determined should not be disclosed; BUT in no event shall any such designation be effective with respect to prices, makes, model or catalog numbers of items offered, deliveries or terms of payment. Materials designated by the Bidder shall be made readily separable from the Bid in order to facilitate public inspection of the non-confidential portions of the Bid. A representative of the Commission will examine any bid containing a request for nondisclosure of confidential information, proprietary data or trade secrets in order to determine its validity and, except for its disclosure to any agencies of the governments of either Montgomery or Prince George's counties or the State of Maryland which demonstrate a legitimate need for such, information which is deemed to be confidential or proprietary, or to constitute a trade secret, will not be disclosed outside the Commission unless provided for otherwise by the Maryland Public Information Act or other applicable law.

22. EVALUATION OF BIDS

The award shall go to the lowest responsive and responsible Bidder, unless the bid amount is unreasonable, or the Commission determines that awarding the solicitation is not in its best interests. Determination of lowest bid will be made on the basis of the Base Bid only. Alternates shown on the Bid Form may be accepted or rejected, at the Commission’s sole discretion, after determination of lowest bid, and must not be construed as guarantee of work to the Bidder. Accepted alternates will be incorporated in the aggregate into the contract price.

The Bidder is required to bid on all Alternates. The term "No Bid" shall not be used and the Bidder shall set forth, in the space provided therefore, the amount to be added to or deducted from the Base Bid. In the event no change in the Base Bid will arise as a result of the Commission's election to accept any Alternate, the Bidder shall so indicate, in the space provided for the Alternate bid, by insertion of the words "No Change." If the Bidding Documents require the Bidder to furnish samples or descriptive literature, such shall be submitted with the Bid unless provided otherwise.

Bidders shall identify, with their Bids, any portion(s) thereof that they deem to be confidential, or that they deem to contain proprietary information or trade secrets, and provide therewith justification as to why such information should be so treated by the Commission and not disclosed, upon request, pursuant to the Maryland Public Information Act (Section 10-101 et seq. of the State Government Article of the Annotated Code of Maryland).

A bid may be rejected as non-responsive if it fails to conform to any of the essential requirements of an IFB, such as specifications, delivery schedule, or other material aspects. If the Bidder fails to furnish a bid bond, or any other assurance required by the IFB, the Commission will find the bid to be non-responsive. A Bidder’s failure to comply with the Commission’s Anti-Discrimination Program may also make its bid nonresponsive. A bid may be rejected as non-responsive if it is submitted on any form other than the attached official forms. A bid may also be rejected as non-responsive if the Bidder imposes conditions that modify the IFB or limit the firm’s liability.

Responsible means the Bidder is capable to fully perform the contract requirements and has demonstrated integrity and reliability that assure good faith performance. A bid from a debarred or suspended offeror will be rejected as not responsible.

If the Bidder fails to supply information, within the specified time frame, that the Commission needs to be able to determine responsiveness and responsibility on a timely basis, the Bidder may be deemed non-responsive or not responsible.

Unless otherwise stated in the Special Conditions Section, the Commission reserves the right to award in the aggregate or to make separate awards.

The Commission reserves the right to waive minor informalities or irregularities in Bids when reviewing Bids for award.

23. TIE BIDS

Tie Bids are responsive Bids from responsible Bidders that are identical in price(s), terms and conditions. In the instance of tie Bids received, a witnessed drawing shall be conducted and be verified and certified by the witness(es). All identical Bids submitted to the Commission for the award of any contract having a value in excess of $1,000.00 shall, at the discretion of the Commission, be reported to either or both the Attorneys General of the State of Maryland and the United States for possible violation and enforcement of the law.

24. MISTAKES IN BIDS

After the opening of Bids, Commission staff shall examine all Bids for mistakes. In cases of apparent mistakes, other than those involving extension of unit prices or other arithmetic errors, when Commission staff has reason to believe that a mistake may have been made, staff shall request from the Bidder a verification of the bid. If the Bidder alleges a mistake, the matter shall be brought to the attention of the Purchasing Manager. Such actions shall be taken prior to award.

The Purchasing Manager is required to make the administrative determinations necessary in cases of alleged bid mistakes. The authority permitting correction of Bids is limited to Bids which are responsive as submitted and shall not be used to permit correction of Bids to make them responsive.

If the Purchasing Manager knows or has reason to conclude that a mistake in a bid may have been made, the Purchasing Manager shall require that the Bidder confirm the bid. Confirmation by the Bidder of the bid will be requested when the bid reflects either an obvious, apparent error on its face or the bid amount is unreasonably lower than those of either the other Bids submitted or the Commission’s estimate.

If the Bidder fails to respond to a request for confirmation of an apparent mistake within the time allotted to the Purchasing Manager, the bid may be considered as originally submitted or may be rejected at the discretion of the Purchasing Manager. If the Bidder confirms his bid, the Purchasing Manager shall consider it as originally submitted.

If the Bidder alleges a mistake, the Purchasing Manager shall advise him to support the allegation by statements concerning the alleged mistake and by all pertinent evidence, such as the Bidder’s file copy of the bid, original worksheets and other data used in preparing the bid, such as subcontractor’s and supplier’s quotations, if any, published price lists, and any other evidence which will serve to establish the mistake, the manner in which it occurred, and the bid actually intended.

Additionally:

A. A determination may be made permitting the Bidder to correct his bid if the Bidder requests permission to do so and clear and convincing evidence establishes both the existence of a mistake and the bid actually intended. In lieu of bid correction, the Commission may permit a low Bidder alleging a material mistake of fact to withdraw his bid if there is reasonable proof that a mistake was made and the intended bid cannot be ascertained.

B. A determination may be made permitting the Bidder to withdraw his bid if the Bidder requests permission to do so and clear and convincing evidence establishes the existence of a mistake. However, if the evidence is clear and convincing both as to the existence of a mistake and as to the bid actually intended, and if the bid, both uncorrected and corrected, is the lowest bid received, a determination may be made to correct the bid and not permit withdrawal.

C. If the evidence does not warrant a determination under the two paragraphs above, a determination may be made by the Purchasing Manager that a Bidder may neither withdraw nor correct his bid.

D. Any clerical mistake, apparent on the face of a bid, may be corrected by the Commission prior to award, if the staff member has first obtained from the Bidder verification of what was actually intended. Examples of such apparent mistakes are: obvious misplacement of a decimal point, typographical errors, and mistakes in the designation of the unit of measure. Correction shall be reflected in the award document.

E. After bid opening an otherwise low Bidder shall not be permitted to delete exceptions to the bid conditions or specifications which affect price or substantive obligations.

F. Nothing in this Section is intended to prohibit the Commission from accepting a bid correction resulting in a reduction in price from the low Bidder after bid opening, provided that such reduction is not conditioned on or does not result in, the modification or deletion of any condition contained in the Invitation For Bids.

25. MINOR IRREGULARITIES AND INFORMALITIES

A minor informality or irregularity is one which is a matter of form and not of substance or pertains to some immaterial or inconsequential defect or variation of a bid from the exact requirement of the bidding or contract documents. The defect or variation in the bid is immaterial or inconsequential when its significance is negligible as determined by the Purchasing Manager or designee. The Purchasing Manager or designee shall either give the Bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive such deficiency, whichever is to the advantage of the Commission.

26. AWARD OF CONTRACT

A contract may be awarded for all or, if and as indicated by the Bid form, any severable or alternate part, or the aggregate of any multiple of severable or alternate parts, of the project. Accordingly, Bidders are admonished NOT to unbalance their Bids. Multiple contracts for different severable or alternate parts of the project WILL NOT be awarded.

The award of a Contract, if one is to be awarded, will be made within one hundred and twenty (120) calendar days of the date of bid opening. If award cannot be made within that period, Bidders may be requested to extend the period for the acceptance of their Bids by the Commission.

The successful Bidder may be sent a written Letter of Intent stating that the bid, including any accepted add or deduct alternates, has been accepted or what severable part or parts thereof have been accepted by the Commission, and that the Bidder has been awarded the Contract under the Invitation For Bids. A Letter of Intent may be rescinded, and the award of a contract may be canceled by the Commission, without any liability on its part, at any time prior to the execution of the Contract on behalf of the Commission.

The Contract will be in substantially the form of the Sample Contract included in Part VII of this solicitation.

27. EXECUTION OF CONTRACT

After a proposed contract has been issued to the successful Bidder, the Commission will forward the formal Contract for execution. The executed Contract shall be returned to the Commission within ten (10) calendar days of the Commission's mailing to the successful Bidder. With the executed Contract the successful Bidder shall also forward to the Commission executed copies of:

Performance and Payment Bonds

Certificate of Insurance

28. FAILURE OF SUCCESSFUL BIDDER TO EXECUTE CONTRACT

The failure of the successful Bidder to execute and deliver, within the required period, either the Contract, Bonds, Certificate of Insurance or any of the other papers required by these Instructions to Bidders shall be just cause for annulment of the award of the Contract to the Bidder by the Commission and the forfeiture, as liquidated damages and not as a penalty, of the Bid Bond in an amount equal to the increased cost to the Commission of, at its sole option, either awarding the Contract to the next lowest responsive and responsible Bidder or re-advertising and re-bidding the work for award under another Invitation For Bids.

29. BID PROTESTS

Any actual or prospective Bidder who is aggrieved in connection with the solicitation of Bids or award of a purchase may protest to the Commission’s Purchasing Manager. Protesters are urged to seek resolution of their complaints initially with the purchasing agent. A protest related to an Invitation For Bids shall be submitted in writing prior to the opening of Bids, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to bid opening.

The protest shall be submitted in writing and received within 10 calendar days after such aggrieved person knows or should have known of the facts giving rise to the protest.

The protest must include:

1. the name and address of the protester;

2. identification of the solicitation or purchase;

3. statement of reasons for the protest;

4. any supporting documentation to substantiate the claim made, unless the documentation is not available within the protest delivery time, in which instance the expected date the material will be available is to be stated;

and

5. the remedy sought.

The purchasing agent shall, upon written request, make available to the protester information submitted that bears on the substance of the protest except where information is proprietary or otherwise confidential.

The protester shall submit any additional information requested by the Purchasing Manager within five calendar days after receipt of the request for such information.

Failure of the protester to respond to a request for information may result in the resolution of the protest on the basis of available information.

The decision of the Purchasing Manager shall be final and conclusive; unless fraudulent, or:

1. within 10 calendar days from receipt of the written decision, the protester mails or otherwise furnishes a written appeal to the Executive Director, or

2. any person adversely affected by the decision commences an action in court.

The decision of the Executive Director shall be final and binding.

30. ETHICS IN PROCUREMENT

By submitting a bid, the offeror agrees to adhere to the Commission’s policy on ethics in purchasing. This policy prohibits any person from offering, giving, or agreeing to give any Commission employee or former Commission employee a gratuity or an offer of employment in connection with any aspect of a Commission procurement.

Further, payment or offers to pay contingent fees related to procurement of Commission purchases are prohibited except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. Potential offerors are urged to review the ethics policy in detail. Copies may be requested from the Purchasing Division (phone: 301/454-1600).

PART II. SPECIAL CONDITIONS

1. Time for Project Completion and Liquidated Damages

The Contract shall be in effect for a total term of three hundred (300) calendar days from the start date specified in the Notice to Proceed. This 300-day period accounts for:

two hundred (200) calendar days to complete all Work required by the Contract, typical weather patterns, As-builts approved, ADA compliance certified, O&M documents provided, a ninety (90) day retention period, and all work accepted for final payment.

The construction completion days shall be consecutive calendar days from the date given in the written Notice to Proceed. If the Contractor refuses or fails to complete such work within the two hundred (200) calendar day period, subject to the conditions named in the specifications and drawings, the Commission may deduct from the final payment the sum of $500 per day as fixed and agreed liquidated damages, but not as a penalty, for each calendar day delay after the construction completion date until the final physical completion of the work and its acceptance by the Commission.

The 300-day Contract term includes: 1) a reasonable time to complete all work imposed by the contract inclusive of punch list work; 2) an allowance of time (based on National Oceanic and Atmospheric Administration data for the project location through the National Centers for Environmental Information) for weather-related delays considering average climatic conditions during the term: and 3) the 90-day retention period.

Failure to complete the work, or any part of the work, within the time specified for completion of construction constitutes a breach of contract, which may result in termination, or assessment of liquidated damages as provided by the Contract.

2. Minority, Female, and Disabled (MFD) Subcontracting Level of Participation

This project has significant subcontracting opportunities and, therefore, each bidder must demonstrate compliance with the Commission’s Nondiscrimination in Subcontracting Program. This IFB falls into the major procurement category of Construction. An MFD subcontracting level of participation of twenty-seven percent (27%) has been established for this project. A Nondiscrimination in Subcontracting Bid Form must be completed, signed by an authorized person, and submitted with the bid in order for the bid to be deemed responsive.

3. Subcontracting, or assigning, and Subcontractor Utilization Report

All subcontracting information will be required at the time of the bid. The Bidder shall be required to submit with the Bid a Subcontractor Utilization Report (Part VI, Form B), detailing the breakdown (type, amount, percentage of total project) of all work to be performed by the Bidder and each proposed Subcontractor. Once a contract has been awarded to the successful bidder, no portion of the resulting contract shall be subcontracted, assigned, or otherwise disposed of except upon written consent of the Commission’s Contract Administrator. The successful bidder will be required to submit a Subcontractor Payment Report with each payment application, detailing the payments made to each subcontractor during the period covered by the payment application.

4. Irrevocability of Bids

Bids submitted shall be irrevocable for a period of one hundred twenty (120) days following the date of bid opening.

5. Contractor Site Inspection

The Contractor is responsible for inspecting the site and reviewing all on-site conditions prior to submitting a bid. No request for additional payment will be considered for items resulting from the Contractor’s failure to consider existing conditions in the bid submission.

6. Award Contract

It is the Commission's intent to make one award for this project. The Commission reserves the right to not issue and award this project and re-bid the project at a future date for any reason. The Contract shall be awarded to the responsible bidder submitting a responsive with the lowest total bas bid price for providing the services and goods as specified in the specifications.

7. Contractor’s Application for Payment

All requests for payments made under any contract resulting from this solicitation should be submitted on the Application for Payment form (to be provided to the successful bidder upon contract award). The Contractor may propose an alternative form in substantially the same format, subject to the approval by the Construction Section Manager and the Procurement Specialist.

8. Reduction of Retainage

The Commission reserves the right to approve or disapprove the Contractor’s request for a reduction in the Retainage being held under the contract. No such reduction shall be considered before substantial completion is achieved. Any such approval granted to a request for a reduction in the Retainage shall be conditional upon receipt of a Consent of Surety to a reduction in the Retainage. Retainage shall be administered in accordance with the Annotated Code of Maryland, Finance and Procurement Regulations, Title 17, Section 17-100.

9. Automated Clearing House (ACH)

The Commission’s preferred method of payment is via Automated Clearing House (ACH). This allows the deposit of ACH payments directly into your bank account, making it the fastest, most efficient and secure way to receive timely payments. In order to receive payment via ACH, you must first be a registered vendor with the Commission and have a vendor number. Please direct all ACH inquiries and concerns to ACH@mncppc.org.

10. General Conditions

The Contractor is advised that all of the General Conditions are binding and is therefore advised to thoroughly review and familiarize themselves with the General Conditions (Part III of this IFB).

11. Quantities

The quantities noted on the Bid Form are estimated quantities only for the purpose of obtaining a bid price. The quantities for those items may be increased or decreased without any adjustment to the contract unit price. The Contractor will not be allowed to submit a claim against the Commission for any adjustment to the contract unit price should item(s) be increased or decreased or eliminated.

Within fifteen (15) days of Notice to Proceed, the Contractor shall provide a Schedule of Values for all Bid Items for review and approval by the M-NCPPC Construction Manager (CM). The Schedule of Values should include a quantitative breakdown of measurable payment elements for each Bid Item. Progress payments shall be made based upon level of completed work detailed within the Schedule of Values as agreed to by the CM prior to each application for Payment.

mailto:ACH@mncppc.org

PART III. PROJECT DESCRIPTION AND

SCOPE OF WORK

PROJECT DESCRIPTION AND SCOPE OF WORK

1. Project Intent The Enterprise Golf Course is a premier public…