Corrected OEO Overview for Pre-Bid Conference July 7 2026 - MDOT SHA IFB No. FODRM32SB_Redacted.pdf

Office of Equal Opportunity (OEO) Overview

For

MDOT-SHA PRE-BID CONFERENCE for IFB FODRM32SB

MDOT-SHA IFB FODRM32SB

Pre-Bid Meeting Date/Time: July 7, 2026 at 10:00am

Procurement Officer: Joe Speca

Location: Hanover Complex

Project Description: On-Call Roofing Inspection, Maintenance & Repairs at the Maryland state

Highway Administration Hanover Complex

MINORITY BUSINESS ENTERPRISE (MBE) GOAL

An overall MBE subcontractor participation goal of 15% has been established for this contract.

In addition, the following MBE subgoals have been established for this procurement:

o (African American subgoal percentage) 0% minimum for African-American MBEs o (Asian American subgoal percentage) 3% minimum for Asian-American MBEs o (Hispanic American subgoal percentage) 2% minimum for Hispanic-American MBEs o (Woman-Owned subgoal percentage) 10% minimum for Woman-Owned MBEs

NOTE: To find MDOT certified MBE firms go to: https://marylandmdbe.mdbecert.com/

The MBE must be MDOT certified for that specific NAICS Code at the time of bid/proposal.

MDOT MBE FORMS:

PLEASE READ ALL INSTRUCTIONS BEFORE COMPLETING AND SUBMITTING THE MDOT

MBE FORMS

o MDOT MBE Form A - Certified MBE Utilization and Fair Solicitation Affidavit o MDOT MBE Form B – Part 1 – Instructions for MBE Participation Schedule Form and Part 2 – MBE

Participation Schedule o MDOT MBE Form C - Outreach Efforts Compliance Statement o MDOT MBE Form D - MBE Subcontractor Participation Affidavit o MDOT MBE Form E – Part 1-5 Guidance for Demonstrating Good Faith Efforts to Meet MBE/DBE

Participation Goals

MBE SELF-PERFORMANCE (Prime Contracting)

When a certified MBE firm participates on a contract as a prime contractor (including a joint-venture where the MBE firm is a partner), a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own work force towards fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation sub-goals, if any, established for the contract.

To receive credit for self-performance, an MBE prime must list its firm on the MBE Participation Schedule

(Form B). For the remaining portion of the overall goal and the sub-goals, the MBE prime must also identify other certified MBE subcontractors (MBE Participation Schedule (Form B) used to meet the goal.

If dually certified, the MBE prime can be designated as only one of the MBE classifications but can self-perform up to 100% of the stated sub-goal.

MDOT MBE FORM A - Certified MBE Utilization and Fair Solicitation Affidavit

A Bidder/Offeror shall include with its Bid/Proposal a completed MBE Utilization and Fair Solicitation

Affidavit (MDOT MBE Form A) indicating that you intend to meet the overall MBE goal of 15% OR that you are unable to achieve the MBE goal and/or subgoals in whole or in part.

If you indicated on the MDOT MBE Form A that you were unable to achieve any portion of the MBE goal

(overall or subgoals), you must submit Form E (Parts 1-5) with your Good Faith Efforts to support your

Waiver Request. If the bidder needs any guidance related to their Waiver Request, Good Faith Efforts please contact the Office of Construction Contract Awards Team.

MDOT MBE FORM B - PART 1 – INSTRUCTIONS FOR MBE PARTICIPATION SCHEDULE

FORM AND PART 2 – MBE PARTICIPATION SCHEDULE

PLEASE READ ALL INSTRUCTIONS

o Make sure to verify that the MBE firm is certified with the Maryland Department Transportation

(MDOT) and is current at the time of bid. Pending certification is not acceptable.

o Make sure to include the percentage of the total contract the MBE, including MBE primes, will be performing and the MBE certification number.

o Verify that the MBE firm is appropriately certified in the North American Industry Classification

System (NAICS) codes to perform the committed work.

o If a Bidder/Offeror fails to submit a completed Form A & B with the Bid/Proposal as required, the

Procurement Officer shall determine that the Bid is non-responsive, or the Proposal is not reasonably susceptible of being selected for award.

o Third-tier MBE subcontracting used to meet the MBE goal is considered the exception and not the rule.

Third-tier subcontracting must be requested and approved at the time of bid. Please read all instructions.

MDOT MBE FORM C - OUTREACH EFFORTS COMPLIANCE STATEMENT

o Identify what opportunities for subcontracting were presented o Provide additional information regarding your outreach efforts to MBE such as corporate outreach events, one-on-one meetings, advertisements to MBEs, etc.

o This form must be signed by the Contractor.

MDOT MBE FORM D - MBE SUBCONTRACTOR PARTICIPATION AFFIDAVIT

The apparent awardee will be contacted to provide the signed MDOT Form D to the Department within 10

(ten) working days of receiving notice of the potential award:

o It must be signed by the bidder and each certified MBE listed on the MDOT Form B - MBE

Participation Schedule.

o By submitting a response to this solicitation, you agree that the percentage and dollar amounts identified shall be performed by the proposed certified MBEs.

o Third-tier MBE subcontracting must be requested and approved at the time of bid to be counted toward the MBE goal. There should not be third-tier subcontractor on the MDOT-Form D without approval at time of bid.

VETERAN-OWNED SMALL BUSINESS ENTERPRISE (VSBE) GOAL

The Veteran Owned Small Business Enterprise goal is not applicable to this solicitation.

PROMPT PAYMENT TO SUBCONTRACTORS:

The contractor shall promptly pay a subcontractor any undisputed amount to which a subcontractor is entitled to under a State procurement contract for construction. This payment shall be made within ten (10) days of receiving a progress payment or final payment from the state “Undisputed amount” includes the retainage on a contract.

LIQUIDATED DAMAGES PROVISION (COMAR 21.07.01.14):

a) Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B (3) $0.00 per day until the monthly report is submitted as required.

b) Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4) $0.00 per MBE subcontractor.

c) Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that

MBE firm for the contract.

d) Failure to meet the Contractor’s total MBE participation goal and subgoal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation achieved.

e) Failure to promptly pay all undisputed amounts to an MBE subcontractor in full compliance with the prompt payment provisions of this contract $0.00 per day until the undisputed amount due to the MBE subcontractor is paid.

The Bidder is advised that liquidated damages will apply in the event the Contractor fails to comply in good faith with the requirements of the MBE program and pertinent Contract provisions.

COMMERCIALLY USEFUL FUNCTION

As set forth in COMAR 21.11.03.12-1, once the Contract work begins, the work performed by a certified

MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the

MBE firm is performing a commercially useful function on the Contract.

An MBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by performing, managing, and supervising the work involved. To perform a commercially useful function, the MBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.

Payroll Compliance

The contract resulting from this solicitation has been deemed to be a Tier 1 Contract. The current Living

Wage rates and any adjustments are published on the Department of Labor, Licensing & Regulation

(DLLR) / Division of Labor and Industry website (www.dllr.state.md.us/labor). The Living Wage Payroll

Records Cover Sheet included in this IFB for use with Payroll submittals to DLLR.

All certified payroll records must be submitted to DLLR within 15 days of the closing of a pay period. They can be forwarded by email to: dldilivingwage-labor@maryland.gov