850430mddotHERSPR29R.pdf

High Volume Application of Plant Growth Regulators

Solicitation #: HERSPR29R IFB Document

IFB for Maryland State Highway Administration Page 1 of 24

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION HEREFORD SHOP

(SHA)

INVITATION FOR BIDS (IFB)

HIGH VOLUME APPLICATION OF PLANT GROWTH REGULATORS

IFB NUMBER HERSPR29R

ISSUE DATE: OCTOBER 19, 2026

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace

Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Services - High Volume Application of Plant Growth Regulators

Solicitation

Number:

HERSPR29R

IFB Issue Date: October19, 2026

IFB Issuing

Office:

State Highway Administration Hereford Shop (SHA)

Procurement

Officer:

Brian Gneiting

306 Mt. Carmel Rd., Parkton, MD 21120

Email:

Phone Number:

BGneiting@mdot.maryland.gov

(410) 329-6752

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number HERSPR29R

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice

Feedback Form

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

Pre-Bid

Conference:

A Pre-Bid Conference will NOT be held for this IFB.

Scheduled Site

Visit A Site Visit has NOT been scheduled for this IFB.

Questions Due

Date and Time:

November 10, 2026 @ 3:00 pm Local Time

Bid Due (Closing)

Date and Time:

November 18, 2026 @ 9:00 am Local Time

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

Feedback Form).

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Public Bid

Opening Date, Time, and

Location

November 18, 2026 @ 1:00 pm Local Time

306 Mt. Carmel Rd, Parkton, MD 21120

MBE

Subcontracting

Goal:

N/A

VSBE

Subcontracting

Goal:

N/A

Procurement

Method:

A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

Multiple or

Alternate Bids:

Multiple or alternate Bids will not be accepted.

Contract Type: Fixed Price

Contract

Duration:

Twenty-Four (24) Months or awarded contract amount.

Primary Place of

Performance:

Throughout Baltimore County as determined by the Resident Maintenance

Engineer or his representative.

SBR Designation: Yes

Federal Funding: No

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

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

3.11 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

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4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

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

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Small Business Preference

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

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

A. The bidder shall have two (2) years of experience providing high volume application of plant growth regulators.

B. The bidder shall have a valid Maryland Pesticide Business License and Pesticide

Certification in Category VI Right-of-Way.

C. The bidder's foreman shall possess a valid Pesticide Certification in Category VI.

D. The bidder's Herbicide Spray Operator(s) and Attenuator Truck Operator(s) shall be registered by the Maryland Pesticide Regulation Office.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland

(“State”): High-Volume Application of Plant Growth Regulators throughout Baltimore

County as determined by the Resident Maintenance Engineer.

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

2.1.2 This is a single award IFB.

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

Contract.

2.2 Background and Purpose

To provide plant growth regulators mix as needed in Baltimore County.

2.2.1 Project Goals

That all work shall be performed in strict accordance with the provisions of the Maryland

Pesticide Applicator's Law and SHA's Integrated Vegetation Management Manual in accordance with the manufacturer's label and conform to the Maryland Department of Transportation, State

Highway Administration's Specifications entitle, "Standard Specifications for Construction and

Materials" dated July 2008, revisions thereof, and the Special Provisions included in this

Invitation for Bids.

2.2.2 State Staff and Roles

The Facility Maintenance Supervisor and Transportation Engineering Technician will coordinate all work and the sequence of routes to be sprayed.

2.2.3 Other State Responsibilities

A. The State will provide normal guidance reasonably necessary for contractor performance under the contract.

B. Herbicides and surfactants will be furnished by the State Highway Administration

Hereford Shop (SHA). The following is a list of herbicides used (or equivalent), but not limited to:

Telar, Embark, Platoon, Surfactant Drift Control * amounts and mixes subject to change.

2.3 Contractor Responsibilities and Tasks

1. On the first workday of the contract, the contractor shall assemble his proposed equipment and personnel and demonstrate to the satisfaction of the Engineer that his equipment and personnel meet the contract specifications. The contractor shall calibrate his equipment in the presence of the Engineer and the representative of the Landscape Operations Division.

Both the demonstration and calibration shall take place within the limits of the contract.

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

3. The contractor shall report to the designated starting point within 48 hours of receiving notice from the Engineer or his designee that herbicide application operations are to begin

4. The bidder/contractor shall fill out a SHA Herbicide Team Activity Card – Appendix 3, Herbicide Records, Pesticide Application Records – Appendix 4 each day, and hand into state representative.

5. If the contractor fails to report to the designated starting point within 48 hours, the sum of

$300.00 each working day beyond 48 hours that he fails to perform the required spray work shall be deducted from any money due to the contractor, not as a penalty, but as liquidated damages. The engineer may extend this 48-hour due to weather, road and other conditions which might unfavorably affect the application of herbicides.

6. Personnel - The contractor shall provide the following:

Foreman: one competently and physically qualified foreman with two years' experience operating herbicide application equipment for the application of herbicides to rights-of-way and be responsible for the following:

Applying herbicide solutions based upon all site conditions, spray materials, weeds and plants being controlled, speed of equipment, wind, speed and direction, direction of traffic and other factors

Recording daily and forwarding of the "Herbicide Team Activity Card" (supplied by

SHA) to the RME of the SHA Shop.

Meeting with the contract manager prior to beginning work in a county to coordinate the sequence of routes to be sprayed.

Herbicide Spray Truck Operator: One competent and physically qualified operator to operate spray truck who has knowledge of the Maryland Work Zone Traffic Control

Standards

Attenuator Truck Operator: One competent and physically qualified operator to operate backup truck equipment with an arrow pane that has knowledge of the Maryland's Work

Zone Traffic Control Standards

Please note that the one (1) requested hourly rate quote shall include all personnel, vehicles, equipment, and supplies necessary/required to do the project.

7. Herbicide application equipment

Herbicide Spray Truck. The truck (having a minimum GVWR of 25,000 pounds) shall be equipped with a bed of sufficient size to accommodate a 1,000-gallon capacity sprayer, sprayer operator, and other incidental equipment or supplies necessary for the operation of

IFB for Maryland State Highway Administration Page 9 of 24 the sprayer. The truck shall also be equipped with a tachometer, a standard transmission having at least four forward speeds, a cellular phone, necessary seat belts, one BC five-pound fire extinguisher, an OSHA approved First-Aid Kit, an OSHA approved Eye Wash

Kit, and any other incidentals required for the normal operation of this vehicle.

Sprayer. A 1,000-gallon minimum truck mounted spray unit equipped with a mechanical or hydraulic agitator capable of producing vigorous agitation of herbicide solution. Must contain a pump capable of discharging a volume of herbicide solution equivalent to 20 to

50 gallons per acre at a nozzle pressure not to exceed 40 pounds PSI. Two front bumpers mounted low drift boom less spray heads, one for roadside and one for median, capable of spraying five spray swaths 3 to 36 feet. Each section of spray nozzles shall be equipped with an independent pressure control valve and 0-60 PSI oil filled pressure gauge. Two hydraulic cylinders (one on each side) shall be capable of tilting each spray head up and down, or one spray head which can be swung from one side of the truck to the other with a hydraulic cylinder capable of tilting the spray head up and down, all controls shall be from inside the truck cab. A computerized injection system shall be used to inject three different chemicals from three separate 30-gallon agitating holding tanks into the flow line and mixed into the pump with water from the main tank for delivery to the spray head nozzles. A radar system shall be connected to the computer to detect any changes in speed and to automatically increase or decrease chemical(s) according to speed and swath width to keep desired consistent rate. The spray tank must be equipped with an air gap fill line. The system shall have a computer to keep a record of acres sprayed on each road.

The spray tank shall have a sight gauge marked every 50 gallons to show liquid level. The sprayer shall also be equipped with a hose reel with a minimum of 100 feet of½ inch hose and adjustable trigger type handgun (approved by the Engineer). A measuring bucket not less than IO-gallon capacity marked in one gallon and 0.1-gallon increments shall be available for calibrating and checking nozzle discharges.

Water Pump. A high-volume water pump shall be capable of delivering 1,000 gallons of water within twenty minutes. This pump's suction end shall be equipped with an anti-siphoning device, i.e., check valves, etc., as required by the Maryland Department of natural Resources.

Attenuator Truck shall be a minimum 25,000 pounds GVWR, Flatbed or Dump Truck. It shall be equipped with a 65 MPH rear truck-mounted attenuator (TMA), 4' x 8' arrow panel (controlled from inside truck cab) a truck mounted worker sign l 'x 4', and safety lights as described in Section 104 of the Maintenance of Traffic Control Plan.

Method of Measurement The items "Herbicide Application Crew" (Foreman, Spray Truck

Operator, Herbicide Application Equipment, Attenuator Truck, and Attenuator Truck

Operator) will be measured based on working hours.

2.4 Supplemental Category of Work Requirements and Responsibilities

N/A

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

N/A

3.3 Invoicing

The item “Herbicide Application Crew” will be paid at the unit price bid per hour based on an 8-hour working day. This workday shall consist of the following activities:

a. Travel time from the Hereford shop to the initial application site.

b. Travel time from application site to application site.

c. Travel time from the daily final application site to the Hereford shop.

d. Time spent filling the spray unit with water and herbicides.

e. Time spent applying herbicide solutions.

f. Time spent making minor equipment adjustments.

Not included in this hourly payment is the time spent making major repairs (any repair requiring more than one hour), nor time spent on routine equipment maintenance. Not included in this hourly payment are times when herbicide solutions cannot be applied due to inclement weather, i.e., rain, high winds, etc.

The item “Attenuator Truck” will be paid for at the contract unit price per hour based on an 8-hour working day. This workday shall consist of the following activities:

a. Travel time from Hereford shop to initial application site.

b. Travel time from application site to application site.

c. Travel time from the daily final application site to the Hereford shop.

d. Time spent waiting for the filling of the spray unit with water and herbicides.

e. Time spent making minor equipment adjustments.

Not included in this hourly payment is the time spent making major repairs (any repair requiring more than one hour), nor time spent on routine equipment maintenance. Not included in this hourly payment are times when herbicide solutions cannot be applied due to inclement weather, i.e., rain, high winds, etc.

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:

Contractor name and address;

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Remittance address;

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

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

Invoice date;

Invoice number;

State assigned Contract number;

State assigned (Blanket) Purchase Order number(s);

Goods or services provided;

Amount due; and

Any additional documentation required by regulation or the Contract.

Invoices that contain both fixed price and labor hour or time and material items shall clearly identify each item as either fixed price, and labor hour, or time and material billing.

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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.

Invoice Submission Schedule

Contractor shall submit an original invoice within 15 days of the finished assignment. Payment terms shall be net thirty (30) days upon receipt of the completed invoice. Invoices must contain the complete company name, address, telephone number, contact person, F.E.I. N. (Federal Employment

Identification Number), and SHA contract number for this contract and a unique invoice number.

Failure to do so may result in delay of payment. The State Highway Administration is exempt from

Maryland Sales and Use Taxes by Exemption Certificate Number 3000256-3 and from Federal Excise

Taxes by Exemption Number 52-73-0358K. Do not include tax.

The original invoice with completed Team Activity Cards shall be sent to SHA to

D4Herefordinvices@mdot.maryland.gov

Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 30 business days of the month following the end of the invoice period.

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

3.3.1 Travel Reimbursement

Travel will not be reimbursed under this IFB.

mailto:D4Herefordinvices@mdot.maryland.gov

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3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

If the contractor fails to report to the designated starting point within 48 hours, the sum of

$300.00 each working day beyond 48 hours that he fails to perform the required spray work shall be deducted from any money due to the contractor, not as a penalty, but as liquidated damages.

The engineer may extend this 48-hour due to weather, road and other conditions which might unfavorably affect the application of herbicides.

3.4.3 Problem Escalation Procedure

This section is inapplicable to this IFB.

3.5 Work Orders

This section is inapplicable to this IFB.

3.6 Payments by Electronic Funds Transfer

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

This Contract does not contain federal funds.

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3.9 Conflict of Interest Affidavit and Disclosure

This section is inapplicable to this IFB.

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:

A. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and two million dollars ($2,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’

Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

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

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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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.

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference

(Conference) summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

A. Submission of Bond documents determined by the State to require original signatures; or

B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract

Monitor.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions.

Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference

A Pre-Bid Conference will NOT be held for this IFB.

4.4 Questions

All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.4.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

4.4.2 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

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4.5 Bid Due (Closing) Date and Time

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

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

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

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

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal

Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

Bids shall be opened publicly at the time, date and place designated in the Key Information Summary

Sheet.

The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

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

4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the

Procurement Officer to have obtained this IFB. It is the responsibility of all prospective

Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

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

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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4.9.2 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.9.3 In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with COMAR

21.01.03.01.A(4).

4.9.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.10 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a

Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.11 Protest/Disputes

Any protest or claim related to this IFB, or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.12 Bidder Responsibilities

4.12.1 A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

4.12.2 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g., insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s

Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.12.3 A parental guarantee of the performance of the Bidder under this section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 2 –

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Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the

“Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the

Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the

Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

4.15 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301

West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise responsive successful Bidder from final consideration and recommendation for Contract award.

4.16 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

In connection with a procurement contract a person may not willfully:

A. Falsify, conceal, or suppress a material fact by any scheme or device;

B. Make a false or fraudulent statement or representation of a material fact; or

C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

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

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

4.17 Confidentiality of Bids / Public Information Act Notice

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

Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in https://egov.maryland.gov/BusinessExpress/

IFB for Maryland State Highway Administration Page 19 of 24 this solicitation. Material designated as confidential shall accompany the Bid and shall be readily separable from the Bid to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure. Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.18 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the

Procurement Officer will be considered acceptable as bid submission.

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

A Bidder shall include the following Attachments with its Bid as a single Bid Package:

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

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

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal

Affidavit.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf

B

The Price Form (as specified within eMMA)

Do not alter this Price Form or the Bid may be determined to be not responsive.

The Price Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

(See Appendix 2 for specific Price Form Instructions.)

C N/A

D N/A

E N/A https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf

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TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

F

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

Sheet.pdf

G N/A

H N/A

I N/A

J N/A

K N/A

L N/A

M N/A

N N/A

O N/A

P N/A

Q N/A

R N/A

Additional Required Documents with the Bid

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation including all licensing that is required, as set forth in IFB Section 1.

Acknowledgement of all addenda to this IFB.

4.20 Bid Delivery Instructions

Each Bidder shall submit its Bid Package as specified below.

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

Bidders shall provide their Bids in one submission through eMMA following the Quick Reference

Guides (QRG) labeled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

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

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4.21 Bid Evaluation Criteria and Award Basis

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

Bid Price as submitted in its Bid.

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

The award for this solicitation will be made to the responsive and responsible Vendor with the lowest price, as determined by the Procurement Officer to be in the best interests of the State of Maryland.

Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the State Highway

Administration following any approvals of the Contract required by law or regulation.

4.22 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.23 Reciprocal Preference

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

A. The Maryland resident business is a responsible Bidder;

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

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

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

Contract.

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

4.24 Small Business Preference

When a procurement under COMAR 21.05.02 has been designated for a small business preference, the procurement officer shall accept the most favorable responsive bid from a responsible small business if the bid does not exceed the most favorable responsive bid price received from a responsible bidder that is not certified as a small business by:

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(a) More than 5 percent;

(b) More than 7 percent for a veteran-owned small business;

(c) More than 8 percent for a disabled-veteran-owned small business; or

(d) The predetermined percentage preference.

4.25 Documents Required upon Notice of Recommendation for Contract Award

(Table B)

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

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

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

Attachment Attachment Name

D N/A

E N/A

S N/A

T N/A

U

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

Affidavit.pdf

V N/A

W N/A

X N/A

Y N/A

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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

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5 IFB Appendices and Exhibits

The Appendices and Exhibits listed below in Tables C and D are reference documents as needed to assist the bidders in preparing their bids in response to this solicitation. If a specific Appendix or

Exhibit is not required for this solicitation, it is listed in the tables as “Not applicable” or “N/A”.

5.1 Appendices (Table C)

TABLE C - APPENDICES

Appendix # Appendix Name

1 Abbreviations and Definitions

2 Price Form Instructions

3 Herbicide Team Activity Card

4 Pesticide Application Records

5 N/A

6 N/A

7 N/A

IFB for Maryland State Highway Administration Page 24 of 24

5.2 Exhibits (Table D)

TABLE D - Exhibits

Exhibit # Exhibit Name

1 N/A

2 Sample Contract

3 N/A