ANN24TLBW1 IFB.pdf

ANN24TLBW1 – Commercial Sliding Casement Windows Installation and Replacement

M A R Y L A N D D E P A R T M E N T O F T R A N S P O R T A T I O N

S T A T E H I G H W A Y A D M I N I S T R A T I O N

I n v i t a t i o n f o r B i d s ( I F B )

C o n t r a c t s L e s s T h a n 5 0 , 0 0 0

PROJECT: Commercial Sliding Casement Windows

Installation & Replacement – MDOT SHA District-

5 Annapolis Maintenance Shop – Anne Arundel

County

CONTRACT NO. ANN24TLBW1

ADVERTISEMENT DATE: Friday, May 03, 2024

QUESTIONS DUE DATE/TIME: Thursday, May 09, 2024 @ 11:00 A.M. Eastern

Standard Time

BID DUE DATE/TIME: Thursday, May 16, 2024 @ 01:00 P.M. Eastern

Standard Time

BID LOCATION: Maryland State Highway Administration

Annapolis Maintenance Facility

138 Defense Highway

Annapolis, Maryland, 21401

I. SUMMARY STATEMENT

The Maryland Department of Transportation State Highway Administration (MDOT

SHA) is soliciting a lump sum bid for a contractor to furnish and install ten (10) three (3) pane sectional commercial sliding casement windows and associated hardware at Team

Lead Bays of the Annapolis Maintenance Shop located at 138 Defense Highway

Annapolis, Maryland 21401.

The services provided shall be in compliance with all applicable Federal, State, and Local regulations. The anticipated contract start date is June 01, 2024.

II. SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to

Certified Small Business vendors. Only vendors that meet the statutory requirements set forth in State Finance and Procurement Article Subsections 14-501 - 14-505, Annotated Code of Maryland, and who are registered with the Department of

General Services Small Business Reserve Program are eligible for award of a contract.

Refer to Attachment No. II for further information regarding this program.

III. ISSUING OFFICE and PROCUREMENT OFFICER

Maryland Department of Transportation

State Highway Administration District-5 Annapolis Maintenance Shop

Annapolis, MD 21401

The MDOT SHA Contract Engineer for this contract shall be:

Mr. Charles “CJ” Hynson

Resident Maintenance Engineer

The Contract Engineer may appoint other Authorized Representatives to act on his behalf.

The sole point of contact for the purposes of this IFB is the Procurement Officer, Royston

Cain. The Procurement Officer may be contacted at telephone number 410-841-1009 between 08:00 A.M. and 04:00 P.M. Monday to Friday or by FAX 410-841-5597.

NOTE: The vendor is solely responsible for ensuring any information sent to the

Procurement Officer by FAX has been received by the Procurement Officer.

IV. PRE-BID CONFERENCE

A Pre-Bid Conference will NOT be held. All walk throughs to examine and take measurements of designated sliding casement windows will be held on Wednesday, May

08, 2024 at 11:00 A. M. local time at the address below:

District-5 Annapolis Maintenance Shop

Annapolis, MD 21401

Contractors are highly encouraged to visit the site of work to assess the condition of existing windows, take measurements of windows, and review the worksite for anything that will impact the work to be completed. SHA will not be providing measurements.

All questions must be submitted to the Procurement Officer, Royston Cain, no later than

Thursday, May 09, 2024, at 11:00 A.M. local time. Any information regarding the requirements or the interpretation of any provision of the Contract Documents shall be requested in writing and delivered no later than this date and time. Responses to questions or inquiries having any material effect on the bids shall be made by written addenda sent to all prospective bidders via eMaryland Market Place Advantage (eMMA).

The Administration will not respond to telephone requests for information concerning this invitation for bids that would materially affect the bid.

Requests for information or questions shall be submitted in writing. They must be emailed to The Procurement Officer, Royston Cain, at RCain@mdot.maryland.gov, if attached to the email please provide them in Microsoft Word or PDF format. Each request for information or questions shall include the Contract number and the name and address of the originator.

V. BID DUE DATE

The Bids must be received by the Procurement Officer, Royston Cain, or his designee, LaKisha Brown, at the State Highway Administration office located at Annapolis

Maintenance Facility, 138 Defense Highway Annapolis, MD 21401 on Thursday, May

16, 2024, before 01:00 P. M. local time.

Bids shall be opened publicly at the time, date and location designated above.

Vendors are responsible for assuring that their bids are delivered to the specified location before the deadline for receipt of bids, including those delivered by U.S. Postal Service.

Oral, fax, telegraphic, mailgram or E-mail bids will not be accepted.

Bids, requests for withdraws, and modifications not received by the time and at the place indicated are late and may only be considered in accordance with COMAR 21.05.02.10.

VI. DURATION OF BID OFFER

Prices submitted in response to this solicitation are irrevocable for ninety (90) days following the due date. The Procurement Officer may, however, request vendors to extend the time during which the State may accept their bids. Once a bid is accepted, all prices, terms, and conditions shall remain unchanged throughout the contract period.

VII. PROCUREMENT METHOD

This solicitation shall be conducted in accordance with COMAR 21.05.07–Small

Procurement Regulations ($50,000 or less.)

VIII. TERMS and CONDITIONS

A. Termination for Non-appropriation. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

B. Maryland Law Prevails. The law of Maryland shall govern the interpretation and enforcement of this Contract.

C. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of

Maryland, and by COMAR 21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

D. Changes. This contract may be amended only with the written consent of both parties. Amendments may not change significantly the scope of the Contract

(including the Contract price).

E. Termination for Default. If the Contractor does not fulfill obligations under this

Contract or violates any provision of this Contract, the State may terminate the

Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of

COMAR 21.07.01.11B.

F. Nondiscrimination. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

G. Anti-Bribery. The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

H. Termination for Convenience. The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination.

Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

IX. SCOPE OF CONTRACTOR SERVICES

Scope of Work:

• The intent of this invitation for bids is to secure a contractor to perform the installation and replacement of ten (10), three (3) pane sectional commercial sliding casement windows and associated hardware.

Many of the windows and/or frames are in bad condition due to rust and need to be replaced. The work consists of removing ten (10) of the existing windows and installing new windows/frames and painting to match. All casement window frames are to be neatly calked inside and outside to ensure an air and watertight seal using a color matched product.

The disposal of the existing windows will be the responsibility of the contractor.

• It is the responsibility of the bidder to measure window opening prior to ordering windows and to ensure that the window is installed and lockable at the end of each day. The information and measurements provided are estimates and are not intended to be a substitute for site inspection and verification of scope and measurements. It is the bidder’s responsibility to verify the scope, data, measurements, and difficulty of the work to be performed prior to submission of bids. All bidders are encouraged to make an on-site inspection of the location where the work will be performed to become completely familiar with existing conditions. A site inspection will allow the prospective bidder to familiarize oneself with all conditions that may affect the performance under, and cost of, the contract. Failure of the bidder to familiarize oneself with the measurements and conditions shall not constitute a basis for contract adjustments after award.

Specifications for Commercial Insulated Casement Windows are as follows:

a) Remove existing damaged windows and install ten (10) commercial 3-pane sectional sliding casement windows. Each section is approximately 30 ¼” X 46

½”.

b) All sliding casement windows shall match existing brown/bronze color.

c) Install weather stripping/caulking for all three (3) window sections.

Vendor Qualifications:

• The Bidder shall demonstrate they have the resources and capability to provide commercial sliding casement windows installations and repairs as prescribed in this

IFB.

• All prospective bidders must be primarily engaged in the windows repair and installation business and shall have been actively engaged in this field for a minimum of five (5) years. Service Technicians assigned by the contractor shall have a minimum of five (5) years of experience and must be fully qualified in all aspects of the maintenance to be performed, and repairs which may become necessary during the terms of this agreement. Proof of Vendor’s qualifications may be requested at

SHA’s sole discretion. Vendor shall be licensed to perform work in the State of

Maryland.

• The successful bidder shall be required to provide Proof of Insurance.

• The bidder shall be able to furnish three (3) references of comparable contracts.

References shall include organization and contact names, physical addresses, telephone numbers, approximate square footage, and date of service. Any negative responses received may result in disqualification of a bid.

• Bidder shall provide emergency telephone numbers where the company can be reached during normal operating hours and after normal operating hours.

• The bidder shall employ personnel who are capable of comprehending and answering screening questions required for building entry. Any personnel unable to comprehend and accurately answer screening questions will not be granted access to the building and may be precluded from working under the contract.

Service Requirements:

• The Contract shall include all labor, supervision, tools, materials, specialized equipment, transportation, and insurance necessary to perform the required services under the terms of the contract. All work shall be completed in accordance with the specification and scope of work in the manner called for, and to the satisfaction of the

State Highway Administration Office of Maintenance (OOM). Vendor is to use best practices established in the construction industry to perform this work. All work to be done in a safe manner, adhering to OSHA, MOSH, SMACNA codes/regulations and standards.

• All work shall be scheduled between the hours of 07:30 A. M. – 04:00 P. M., Monday through Friday, excluding State recognized holidays. The State of Maryland recognized holidays are New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Election

Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. The Vendor shall supply a monitored twenty-four (24) hour a day phone number(s) to contact.

• Project is expected to start within ten (10) days of Notice to Proceed (NTP) being issued by the SHA Annapolis Maintenance Shop. No work shall be started, and no orders placed by vendor until Notice to Proceed is sent to the contractor. All work must be completed within twenty-one (21) calendar days from the NTP. Any work associated with this project shall not interfere with the maintenance facilities work under emergency or winter operation.

• Specialized equipment including scaffolding, lifts, etc. is considered incidental and should be included in a lump sum of the Contract Bid form.

• All workmanship shall be in accordance with industry standards by qualified installers. There shall be no apprentices or trainees performing the installation work.

• Any window discovered to be inoperable and/or unsafe shall be conspicuously marked with a warning sign or tag suitably to notify the user of such condition prior to the workmen leaving the job site or job area for any reason. The SHA Contract

Manager shall also be notified of such condition prior to the workmen leaving the job site or job area for any reason. The vendor cannot leave Team Lead Bays exposed to freezing temperature and/or rain, snow.

• The Vendor shall keep the premises free from accumulation of waste materials or rubbish caused by his operations at all times. The Vendor shall leave the work area clean and free of materials, debris, and vendor equipment to the satisfaction of the authorized SHA representative. Vendor shall be responsible for removal and disposal of all debris and defective materials in performance of the service and in strict accordance with all applicable regulations, codes, laws, and ordinances. If area is not cleaned by the Contractor upon completion, the sum of $18.00 per hour needed to clean the area shall be deducted from the Contractor’s invoice, not as a penalty but as liquidated damages.

• The Contractor shall be responsible for any damage to facilities surfaces, fixtures, furnishings, or contents during performance of this contract. Any such damage will be repaired by the contractor at the company’s expense and to the satisfaction of

SHA.

• The Contractor shall maintain complete and accurate records of all work performed and replacement parts used for the term of this contract plus one year. These routine records shall be made available at the completion of the job and/or on demand of the

SHA.

• No subcontractors shall be permitted to work under this contract without the consent of the SHA Contract Manager.

• In the event of the complete failure of a major component, the Contractor shall be requested to prepare an estimate to repair or replace the defective major component.

This estimate is to be given to the Contract Manager and the Procurement Officer for approval. If the major component becomes defective due to negligence by the

Contractor, that major component is to be replaced with a new major component by the Contractor at no cost to the SHA.

• The Contractor warrants that the installation/replacement service and parts furnished are of the highest quality, complying with specifications and free from defects in materials and workmanship for a term of one (1) year from date of acceptance by the

SHA. The replacements and repairs under this guarantee shall be performed by the

Contractor at no additional cost and to the satisfaction of the SHA.

Payment:

• The Contractor shall submit an invoice for work performed within 14 days of completion of work. The invoice must contain the complete company name, remit to address, telephone number, contact person, F.E.I.N. (Federal Employment

Identification Number), SHA Contract number for this contract, a unique invoice number, and invoice date. The invoice shall clearly describe details of worked performed. Invoices shall contain sub totals for different categories of charges and show a total invoice cost. Failure to do so may result in a delay of payment. Invoices held for verification, missing information, or returned for corrective re-submittal shall not be subject to late fees.

All work shall be completed, and invoice shall be submitted prior to June 30, 2024.

• MDOT SHA 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.

• Invoice shall be submitted electronically to D5AnnapolisInv@mdot.maryland.gov US

Mail to the following address:

State Highway Administration

Annapolis Maintenance Shop

138 Defense Highway

Annapolis, Maryland 21401

Attn: Royston Cain

Basis of Award:

The award shall be made in accordance with the provisions in COMAR 21.05.02.13.

The unit prices quoted are required for establishing a unit cost for each service and providing a grand total for the purpose of evaluating bids. The award will be based upon the lowest Grand Total Bid and be awarded to the lowest responsive and responsible bidder for the services required in the amount not to exceed $50,000.00.

In the event of tie bids, the provisions of COMAR 21.05.02.14 shall determine the successful bidder.

mailto:D5AnnapolisInv@mdot.maryland.gov

X. LIABILITY

The Contractor must be covered by sufficient amount of liability insurance. The

Contractor shall provide this Administration with proof of liability insurance and coverage before the contract is awarded.

XI. BID CONTENT

The bidder shall submit an original Contract Bid Form for this Project. The bid shall be submitted on Attachment No. I. Attachment No. I is not to be altered in any way and is to contain only the price or prices stipulated on the form. Furthermore, Attachment No

III Small Business Reserve Contract Affidavit must be included with the bid submission.

Bid submissions must be:

• Submitted in a sealed envelope.

• Addressed to:

State Highway Administration

Annapolis Maintenance Shop

138 Defense Highway

Annapolis, Maryland 21401

Attn: Royston Cain

• Clearly marked with the full name and address of the bidder.

• Clearly marked with the contents of the envelope (i.e., "Bid Submission–Contract No.

ANN24TLBW1.)

• Include completed Small Business Reserve Contract Affidavit (Attachment No. III).

XII. OPENING of BIDS

Bids will be opened publicly in accordance with the provisions in COMAR 21.05.02.11 on the date and time specified in Section V of this IFB.

XIII. DURATION/TERM OF THE CONTRACT/PROJECT

The duration/term of the contract is sixty (60) days. All work shall be completed, and invoice shall be submitted prior to June 30, 2024.

XIV. ATTACHMENTS

Contract Bid Form—Attachment No. I (required with bid submittal)

Small Business Reserve Procurement—Attachment No. II

Small Business Contract Affidavit – Attachment No. III (required with bid submittal)

Contractors Reference – Attachment No. IV (required with bid submittal)

Attachment I

CONTRACT BID FORM

ANN24TLBW1

This form is to be completed in its entirety, is not to be altered in any way and is to contain only the price or prices stipulated on the form.

State Highway Administrat ion IFB No . : ANN24TLBW1

Company Name: ______________________________________

Bid Due Date: Thursday , May 16 , 2024 @ 01 :00 PM EST

Column A Column B Column

C

Column

D

Item/Description Qty Unit of Measure Unit Price Total Cost

(Column B x C)

Removal and installation commercial

3-pane sectional sliding casement windows for Team Lead Bays.

Notes:

* Collor – bronze/brown to match.

10 Each $ $

TOTAL BID AMOUNT (Sum of Column D)

NOTE:

a) Quantities are estimated and used for bid evaluation only. They may not represent the actual quantities experienced once the contract is awarded.

b) SHA 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 in bid prices.

F O R T H E C O N T R A C T O R :

S i g n a t u r e / D a t e :

P r i n t N a m e :

T i t l e :

F e d e r a l T a x I . D . N u m b e r :

P h o n e N u m b e r :

Attachment II

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to Certified Small Business vendors.

Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, '' 14-501

- 14-505, Annotated Code of Maryland, and who are registered with the Department of General Services Small

Business Reserve Program are eligible for award of a contract.

For the purposes of a Small Business Reserve Procurement, a small business is a business, other than a broker, that meets the following criteria:

$ The business is independently owned and operated;

$ The business is not a subsidiary of another business;

$ The business is not dominant in its field of operation;

$ The wholesale operations of the business did not employ more than 50 persons, and the gross sales of the business did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;*

$ The retail operations of the business did not employ more than 25 persons, and the gross sales of the business did not exceed an average of $3,000,000 in its most recently

$ The manufacturing operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $2,000,000 in its most recently

$ The service operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years;* and

$ The construction operations of the business did not employ more than 50 persons, and the gross sales of the business did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years.*

$ The architectural and engineering operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years*.

* If a business has not existed for three years, the gross sales average shall be the average for each year or part of a year during which the business has been in existence

Attachment III

Maryland Department of Transportation

SMALL BUSINESS CONTRACT AFFIDAVIT

********** PROVIDING FALSE INFORMATION **********

Anyone providing false information to the State of Maryland in connection with obtaining or attempting to obtain a contract under Small Business Reserve or Preference procurement may be subject to the following:

1. A determination by a Procurement Officer that a bidder/offeror is not responsible;

2. A determination that a contract entered into is void or voidable under § 11-204 of the State

Finance and Procurement Article of the Annotated Code of Maryland.

3. Suspension and debarment under Title 16 of the State Finance and Procurement Article;

4. Criminal prosecution for procurement fraud (§ 11-205.1 of the State Finance and Procurement

Article), perjury, or other crimes; and

5. Other actions permitted by law.

********** FAILURE TO MEET MINIMUM QUALIFICATIONS **********

Any Bidder or potential bidder failing to meet the qualifications of a "small business" specified in § 14-

501(c) of the State Finance and Procurement Article will be ineligible to participate in a procurement designated for a Small Business Reserve under § 14-504 or Small Business Preference under § 14-206 -

207. Any person or company bidding on Small Business Reserve or Preference procurement and not qualifying as a small business under § 14-501(c) will have its bid or offer rejected on the ground that the bidder is not responsible.

I AFFIRM THAT:

To the best of my knowledge, information, and belief, as of the date of submission of this Bid/Proposal, __________________________(name of firm) meets the qualifications for certification as a Small Business in Maryland. I further affirm that, if for any reason during the term of the contract

____________________(name of firm) no longer meets the qualifications of certification as a Small Business in Maryland, I will notify the Procurement Officer within 30 days. I agree that a failure to so notify the Procurement Officer of this change in circumstances may result in this contract being terminated for default.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT

THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

SMALL BUSINESS QUALIFICATION NUMBER ____________________

Date of Most Recent Qualification__________________________________

DATE:_____________

BY:_____________________________________________________________

Signature (Authorized Representative and Affidavit)

ATTACHMENT – IV

Contractors References and Qualifications

Notice to Bidders:

Failure to fully address questions may render your bid non-responsive.

Bidders must have at least five (5) years of experience in providing commercial sliding casement windows installation and repair services, as specified in this IFB. All experience must be under the bidder’s company name.

The information furnished in response to this questionnaire and any verification made by the State Highway

Administration shall provide a basis for determining the responsibility of bidders. In the event that references are deemed insufficient by State Highway Administration, the State reserves the right to determine the respondent as non-responsive, which will cause the rejection of the bid.

Company Name: _______________________________________________________________

Company Owner(s) Name(s): _____________________________________________________

Owner(s) Title(s): ______________________________________________________________

Address: ______________________________________________________________________

Phone Number: ________________________________________________________________

Number of years in business under the present company name: ___________________________

Other/former names under which your company has operated: ___________________________

Type of organization (i.e., corporation, partnership, individual, joint venture…): _____________

Brief company history: __________________________________________________________

Total number of employees:

Full Time: ______________________________ Part Time: ___________________________

List references in which you have or had a service agreement/contract similar in scope to the requirements as this

IFB. Please be advised, the references will be contacted.

ATTACHMENT – IV

Contractors References and Qualifications

Continued

1.____________________________________ _______________________________________

Company Name Contact’s Name

Company Address Phone Number

Type of Business Contract Duration

Type of delivery service provided

2.____________________________________ _______________________________________

3.____________________________________ _______________________________________