Cumberland Communications Facility TORFP_BPM057831.pdf

CONSULTING AND TECHNICAL SERVICES+ (CATS+)

TASK ORDER REQUEST FOR PROPOSALS (TORFP)

DEPARTMENT OF INFORMATION TECHNOLOGY

(DOIT)

CUMBERLAND COMMUNICATIONS FACILITY

SOLICITATION NUMBER: BPM057831

ISSUE DATE: July 2, 2026

Cumberland Communications Facility

Solicitation #: BPM057831

CATS+ TORFP

DEPARTMENT OF INFORMATION TECHNOLOGY (DOIT)

KEY INFORMATION SUMMARY SHEET

Solicitation Title: Cumberland Communications Facility

Solicitation Number

(TORFP#): BPM057831

Functional Area: FA 13: Tower Installation

TORFP Issue Date: July 2, 2026

TORFP Issuing Office: Department of Information Technology (“DoIT” or the "Department")

Department Location: 100 Community Place

Crownsville, MD 21032

TO Procurement Officer:

Email Address:

Fern Morgan

Fern.morgan1@maryland.gov

TO Manager:

Jennifer Zambito

Email Address: Jennifer.zambito@maryland.gov

TO Proposals are to be sent to: Fern.morgan1@maryland.gov

TO Pre-Proposal Site Visit:

July 16, 2026 at 11:00AM Local Time

TO Proposals Due (Closing) Date and Time: August 21, 2026 at 12:00PM Local Time

MBE Subcontracting Goal: 3%

VSBE Subcontracting Goal: 0%

Task Order Type: Firm Fixed Price

Task Order Duration: The estimated period of performance for this effort, barring excusable delays, is 260 working days after NTP

Primary Place of Performance:

600 Bishop Walsh Rd. Cumberland, MD 21502

SBR Designation: No

Federal Funding: No

Questions Due Date and Time July 27, 2026 at 12:00PM Local Time

TABLE OF CONTENTS

1 Minimum Qualifications

2 TO Contractor Requirements: Scope of Work

4 TORFP Instructions

5 TO Proposal Format

6 Evaluation and Selection Process

7 TORFP Attachments and Appendices

1 Minimum Qualifications

1.1 TO Contractor Minimum Qualifications

Only those Master Contractors that fully meet all minimum qualification criteria shall be eligible for TORFP proposal evaluation.

1.1.1 The Master Contractor’s technical proposal shall demonstrate proof of Master Contractor’s current Maryland Department of Environment Responsible Personnel Certification Number.

1.2 TO Contractor Personnel Minimum Qualifications

There are no contractor personnel minimum qualifications for evaluation; however, TO Contractor is responsible for utilizing the appropriate personnel to accomplish the tasks in Section 2 – Scope of Work.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 TO Contractor Requirements: Scope of Work

2.1 Summary Statement

The Department of Information Technology (“DoIT” or the "Department") is issuing this CATS+ TORFP in order to purchase and install a communications monopole tower and equipment shelter in Allegany County, Maryland.

2.1.1 DoIT intends to award this Task Order to one (1) Master Contractor that proposes a team of resources and a Work Plan that can best satisfy the Task Order requirements.

2.1.2 Master Contractors are advised that, should a solicitation or other competitive award be initiated as a result of activity or recommendations arising from this Task Order, the Offeror awarded this Task Order may not be eligible to compete if such activity constitutes assisting in the drafting of specifications, requirements, or design thereof.

2.2 Roles and Responsibilities

Roles and responsibilities under the Task Order:

2.2.1 TO Procurement Officer – The TO Procurement Officer has the primary responsibility for the management of the TORFP process, for the resolution of TO Agreement scope issues, and for authorizing any changes to the TO Agreement.

2.2.2 TO Manager - The TO Manager has the primary responsibility for the management of the work performed under the TO Agreement, administrative functions, including issuing written directions, and for ensuring compliance with the terms and conditions of the CATS+ Master Contract.

2.2.3 TO Contractor – The TO Contractor is the CATS+ Master Contractor awarded this Task Order and is responsible for the performance of the scope of work under the TO Agreement.

2.2.4 TO Contractor Manager – The TO Contractor Manager will serve as primary point of contact with the TO Manager to regularly discuss progress of tasks, upcoming tasking, historical performance, and resolution of any issues that may arise pertaining to the TO Contractor Personnel. The TO Contractor Manager will serve as liaison between the TO Manager and the senior TO Contractor management. The TO Contractor Manager may not be a subcontractor.

2.2.5 TO Contractor Personnel – Any official, employee, agent, Subcontractor, or Subcontractor agents of the TO Contractor who is involved with the Task Order over the course of the Task Order period of performance.

2.3 Background and Purpose

The Maryland First Responder Radio System Team (MD FiRST) is a statewide, P25 Phase 2, Motorola trunked radio system that supports all public safety radio communications at the State level, as well as serving as the primary public safety communications system for 8 counties. MD FiRST uses various 700 MHz radio frequencies and was built out to provide outdoor, portable radio coverage across the State. The system consists of 170 transmitter sites across the State. The last phase of the system went operational in April 2023.

The purpose of this TORFP is to install a monopole tower, shelter and generator to augment MD FiRST radio communication coverage in Allegany County, Maryland.

2.4 Requirements

2.4.1 Required Project Policies, Guidelines and Methodologies

The TO Contractor shall comply with all applicable laws, regulations, policies, standards, and guidelines affecting information technology and technology projects, which may be created or changed periodically.

The TO Contractor shall adhere to and remain abreast of current, new, and revised laws, regulations, policies, standards and guidelines affecting security and technology project execution.

The foregoing may include, but are not limited to, the following policies, guidelines, and methodologies:

A. The State of Maryland Information Technology Security Policy and Standards.

B. TO Contractor assigned personnel shall follow a consistent methodology for all TO activities.

2.4.2 TO Contractor Responsibilities

The TO Contractor shall be responsible for the construction of a radio communication facility in Allegany County, Maryland. This includes the purchase and installation of a Monopole tower, Equipment/Generator shelter, emergency power generator, fuel tank, and all related site development work in accordance with specifications and requirements outlined in Attachment Q- Technical specifications.

2.4.3 The TO Contractor must document for itself and any subcontractors, for evaluation purposes, a professional level of expertise in:

1. Construction of erosion and sediment control devices in accordance with the latest Maryland Department of the Environment (MDE) specifications and construction drawings.

2. Prior experience performing jobs similar to the scope of work in this TORFP.

2.5 Deliverables

2.5.1 Deliverable Acceptance

A deliverable must satisfy the scope and requirements of this TORFP for that deliverable.

The TO Manager will review a final deliverable to determine compliance with the acceptance criteria as defined for that deliverable.

In the event of the rejection of a deliverable, the TO Manager will formally communicate in writing any deliverable deficiencies or non-conformities to the TO Contractor, describing in those deficiencies what shall be corrected prior to acceptance of the deliverable.

At the TO Manager’s discretion, subsequent project tasks may not continue until deliverable deficiencies are rectified and accepted by the TO Manager or the TO Manager has specifically issued, in writing, a waiver for conditional continuance of project tasks.

2.5.2 Deliverable Descriptions/Acceptance Criteria

Deliverables due hereunder are set out in the following table. The TO Contractor may suggest other subtasks, artifacts, or deliverables to improve the quality and success of the assigned tasks.

ID # Deliverable Deliverable Description Due Date / Frequency

2.5.2.1 Integrated Project Schedule A document suitable for

tracking all current and pending activities. At a minimum, the schedule shall show milestones, deliverables, times of performance, degrees of completion and resources for all activities starting with NTP and ending with final deliverables. This is a single, periodically updated deliverable encompassing all activities.

NTP + 14 Calendar Days Weekly Updates

2.5.2.2 Bi-Weekly Construction

Schedule and Updates

The TO Contractor will be expected to update progress, forecast upcoming milestones and discuss other items as directed by the TO Manager

Submission on 2nd and final Thursday of every month for the duration of the project or as required. Submission in writing per details in attached Scope of Work.

Attendance on a biweekly conference call with a representative of the State and a suitable TO Contractor representative. This will occur on the 2nd and final Thursday of every month for the duration of the project.

2.5.2.5 “As Built” Drawings Submit three (3) hard copies and one soft copy of As- Built drawings to the TO Manager

Project completion

2.5.2.6 Close Out Final Final required Close Out

documents as referenced in Attachment W - Closeout Process Final

Project Completion

2.5.2.7 Final Walkthrough TO Contractor schedules a

walkthrough with TO Manager to verify any deficiencies identified in a punch list are completed to the State’s satisfaction.

Acceptable Final Inspection Sediment & Erosion Control Reports.

Project Completion

Acceptance by the State of the work to be performed hereunder shall be final and conclusive except regarding latent defects, fraud, or such gross mistakes as may amount to fraud, or regarding any warranty or guaranty hereunder.

3 TO Contractor Requirements: General

3.1 Invoicing

3.1.1 Definitions

A. “Proper Invoice” means a bill, written document, or electronic transmission, readable by the agency, provided by a vendor requesting an amount that is due and payable by law under a written procurement contract for property received or services rendered that meets the requirements of COMAR 21.06.09.02.

B. “Late Payment” means any amount that is due and payable by law under a written procurement contract, without deferral, delay, or set-off under COMAR 21.02.07.03, and remains unpaid more than 45 days after an agency receives a Proper Invoice.

C. “Payment” includes all required processing and authorization by the Comptroller of the Treasury, as provided under COMAR 21.02.07, and may be deferred, delayed, or set-off as applicable under COMAR 21.02.07.03.

3.1.2 General

A. Invoice payments to the TO Contractor shall be governed by the terms and conditions established in the CATS+ Master Contract.

B. The TO Contractor may submit invoices for progress payments no more than monthly by e-mailing the original of each invoice and signed authorization to the TO Procurement Officer with a copy to the TO Manager. A list of authorized progress activities are provided below.

Authorized Progress Activities

Survey and mark the Limits of Disturbance (LOD) in accordance with the attached construction drawings.

Clearing and grading.

Furnish and install sediment and erosion control systems and any necessary storm water management features in accordance with the attached construction drawings.

Furnish and install a stabilized construction entrance in accordance with the construction drawings paying particular attention to the protection of an underground concrete waterpipe adjacent to the site and extending across the construction entrance (refer to Attachment Y - Construction Drawings).

Construct the Monopole foundation per tower manufacturer’s specifications.

Construct one (1) 12x26ft. equipment shelter foundation

Construct one (1) 4x16ft. Concrete foundation for one (1) 1,000 gallon LP fuel tank.

Install monopole and shelter ground rings per the latest version of Motorola R56 installation standards.

Purchase and delivery of one (1) fully functional, 185 ft. above ground level, monopole

Upon completion of monopole, shelter and site improvements, the TO Contractor will furnish and install surface materials in accordance with Attachment Y - Construction Drawings. TO Contractor shall restore all areas of grass or existing pavement which have been disturbed during construction.

Install an eight (8) ft. high-galvanized chain link fence with two (2) feet of barbed wire on top, with a twelve (12) ft. wide, double leaf vehicle gate; and one (1) five (5) foot man gates around the site (includes tower, equipment shelter as shown on Attachment Y - Construction Drawings.

Installation Install one (1) fully functional, 185 ft. above ground level, monopole

Purchase and installation of one (1) 12x26x10 ft. concrete 2 room equipment shelter with generator (height is inside dimension).

Purchase and installation of one (1) new 1,000 gallon LP fuel tank with hookup to the generator and shall include first LP fill-up.

Purchase and install one (1) extruded metal, 24-inch wide, no cantilever ice-bridge.

Purchase and installation, per local utility standard, of an electrical backboard of steel post and Unistrut construction to include CT cabinet if required, wire trough, main disconnect, at least one (1) electric company approved meter socket with room to accommodate a minimum of three (3) additional meters.

Purchase and installation of conduits per specifications.

Purchase and connection of electrical wiring.

Supply bollards as needed in accordance with the attached construction drawings.

C. All invoices for services shall be verified by the TO Contractor as accurate at the time of submission.

D. Invoices submitted without the required information cannot be processed for payment. A Proper Invoice, required as Payment documentation, must include the following information, without error:

1. TO Contractor name and address;

2. Remittance address;

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

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

5. Invoice date;

6. Invoice number;

7. State assigned TO Agreement number;

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

9. Goods or services provided;

10. Amount due; and

11. Any additional documentation required by regulation or the Task Order.

E. Invoices that contain both fixed price and time and material items shall clearly identify the items as either fixed price or time and material billing.

F. The Department reserves the right to reduce or withhold Task Order payment in the event the TO Contractor does not perform within the time frame specified in the Task Order or otherwise breaches the terms and conditions of the Task Order until such time as the TO Contractor brings itself into full compliance with the Task Order.

G. Any action on the part of the Department, or dispute of action by the TO Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and Procurement Article §§ 15-215 through 15-223 and with COMAR 21.10.

H. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The TO Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

I. 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 TO Agreement. In no event shall any invoice be submitted later than 60 calendar days from the TO Agreement termination date.

3.1.3 Travel Reimbursement

Travel will not be reimbursed under this TORFP.

3.1.4 Retainage

Ten percent (10%) of the total Work Order value shall be retained by the State and will not be released until final payment. TO Contractor shall invoice the State for the retainage amount as part of the final invoice for this Task Order.

3.2 Liquidated Damages

Time is an essential element of this project and the work is to be vigorously prosecuted until completion.

For each day that any work shall remain uncompleted beyond 180 Business Days from date of Notice to Proceed, except for days added due to excusable delay, the TO Contractor shall be liable for liquidated damages in the amount of $700 per day, provided, however, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved change orders.

Additionally, for each day that the project has a ‘D’ rating as assigned by a MDE Field Inspector or authorized State representative, the TO Contractor shall be liable for liquidated damages in the amount of $745 per day. Failure to upgrade the project to the minimum of a ‘B’ rating within 72 hours will result in the project being rated ‘F.’ For each day that the project has an ‘F’ rating, the TO Contractor shall be liable for liquidated damages in the amount of $1,045 per day.

3.3 Prevailing Wages

For TO Proposals with a price totaling $500,000 or more, Prevailing Wage Rates (as that term is defined in State Finance and Procurement Article, § 17-209, Annotated Code of Maryland) apply. For these TO Proposals only, the wage rates to be paid laborers and mechanics on this TO Agreement is by order of the Commissioner of Labor and Industry as outlined on Attachment P – Prevailing Wage Rates. It is mandatory upon the TO Contractor and any subcontractor, to pay not less than the specific rates to all workers employed by the TO Contractor and subcontractor(s). (Reference: State Finance and Procurement, §§ 17-201 through 17-226, Annotated Code of Maryland, inclusive. These rates were taken from the locality determination, issued pursuant to the Commissioner's authority under State Finance and Procurement Article §17-209, Annotated Code of Maryland.)

IMPORTANT: Master Contractors must submit documentation as instructed in Attachment P.

3.4 Insurance Requirements

3.4.1 Master Contractors shall confirm that, as of the date of its proposal, the insurance policies incorporated into its Master Contract are still current and effective at the required levels (See Master Contract Section 2.7).

3.4.2 The Master Contractor shall also confirm that any insurance policies intended to satisfy the requirements of this TORFP are issued by a company that is licensed to do business in the State of Maryland.

3.4.3 The recommended awardee must provide a certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this Section 3.4 “Insurance Requirements” within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts the TO Contractor shall update certificates of insurance annually, or as otherwise directed by the TO Manager

3.4.4 TO Contractor shall maintain commercial general liability (CGL) insurance and, if necessary, commercial umbrella insurance, with a limit of not less than $2,000,000 per each occurrence and shall insure against liability to third parties for accidental death, bodily injury or illness, property damage, and personal injury arising out of the work in connection with the TO Agreement.

3.5 Performance and Personnel

3.5.1 TO Contractor Personnel Maintain Certifications

Any TO Contractor Personnel shall maintain in good standing any required professional certifications for the duration of the TO Agreement.

3.6 Substitution of Personnel

3.6.1 Directed Personnel Replacement

The TO Manager may direct the TO Contractor to replace any TO Contractor Personnel who, in the sole discretion of the TO Manager, are perceived as being unqualified, non-productive, unable to fully perform the job duties, disruptive, or known, or reasonably believed, to have committed a major infraction(s) of law or Department, Contract, or Task Order requirement.

A. If deemed appropriate in the discretion of the TO Manager, the TO Manager shall give written notice of any TO Contractor Personnel performance issues to the TO Contractor, describing the problem and delineating the remediation requirement(s). The TO Contractor shall provide a written Remediation Plan within three (3) days of the date of the notice. If the TO Manager rejects the Remediation Plan, the TO Contractor shall revise and resubmit the plan to the TO Manager within five (5) days of the rejection, or in the timeframe set forth by the TO Manager in writing. Once a Remediation Plan has been accepted in writing by the TO Manager, the TO Contractor shall immediately implement the Remediation Plan.

B. Should performance issues persist despite the approved Remediation Plan, the TO Manager will give written notice of the continuing performance issues and either request a new Remediation Plan within a specified time limit or direct the removal and replacement of the TO Contractor Personnel whose performance is at issue.

C. In circumstances of directed removal, the TO Contractor shall provide a suitable replacement for TO Manager approval within fifteen (15) days of the date of the notification of directed removal, or the actual removal, whichever occurs first, or such earlier time as directed by the TO Manager in the event of a removal on less than fifteen days’ notice

D. Normally, a directed personnel replacement will occur only after prior notification of problems with requested remediation, as described above. However, the TO Manager reserves the right to direct immediate personnel replacement without utilizing the remediation procedure described above.

E. Replacement or substitution of TO Contractor Personnel under this section shall be in addition to, and not in lieu of, the State’s remedies under the Master Contract, Task Order, or which otherwise may be available at law or in equity.

3.7 Minority Business Enterprise Participation Reports

The Department will monitor both the TO Contractor’s efforts to achieve the Minority Business Enterprise (MBE) participation goal and compliance with reporting requirements.

3.7.1 Monthly reporting of MBE participation is required in accordance with the terms and conditions of the CATS+ Master Contract.

1. The TO Contractor shall submit the following reports by the 15th of each month to the Department at the same time the invoice copy is sent:

2. A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D-4A) listing any unpaid invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each invoice and the reason payment has not been made; and

3. (If Applicable) An MBE Prime Contractor Report (Attachment D-4B) identifying an MBE prime self-performing work to be counted towards the MBE participation goals.

3.7.2 The TO Contractor shall ensure that each MBE subcontractor provides a completed Subcontractor Paid/Unpaid MBE Invoice Report (Attachment D-5) by the 15th of each month.

3.7.3 Subcontractor reporting shall be sent directly from the subcontractor to the Department.

The TO Contractor shall e-mail all completed forms, copies of invoices and checks paid to the MBE directly to the TO Manager.

3.8 Veteran Small Business Enterprise Reports

There is no Veteran Small Business Enterprise (VSBE) Goal for this Task Order.

3.9 Contract Management Oversight Activities

3.9.1 DoIT is responsible for contract management oversight on the CATS+ Master Contract. As part of that oversight, DoIT has implemented a process for self-reporting contract management activities of Task Orders under CATS+. This process typically applies to active TOs for operations and maintenance services valued at $1 million or greater, but all CATS+ Task Orders are subject to review.

3.9.2 A sample of the TO Contractor Self-Reporting Checklist is available on the CATS+ website at http://doit.maryland.gov/contracts/Documents/CATSPlus/CATS+Self- ReportingChecklistSample.pdf DoIT may send initial checklists out to applicable/selected TO Contractors approximately three months after the award date for a Task Orders. The TO Contractor shall complete and return the checklist as instructed on the form. Subsequently, at six month intervals from the due date on the initial checklist, the TO Contractor shall update and resend the checklist to DoIT.

3.10 Purchasing and Recycling Electronic Products

This section does not apply to this solicitation.

4 TORFP Instructions

4.1 Pre-Proposal Site Visit

A pre-proposal site visit will be held at the time, date and location indicated on the Key Information Summary Sheet. Attendance at the pre-proposal site visit is not mandatory, but all Master Contractors are encouraged to attend in order to facilitate better preparation of their proposals. Master Contractors are advised of the Site Investigation clause in Section 4.19 of this TORFP.

The pre-proposal site visit will be summarized in writing. As promptly, as is feasible, subsequent to the pre-proposal site visit, the attendance record and pre-proposal site visit summary will be distributed via e-mail to all Master Contractors known to have received a copy of this TORFP.

In order to assure adequate accommodations at the pre-proposal site visit, please e-mail the TO Procurement Officer no later than three (3) business days prior indicating planned attendance. In addition, if there is a need for sign language interpretation and/or other special accommodation due to a disability, please contact the TO Procurement Officer no later than five (5) business days prior to the pre-proposal site visit. The TO Requesting Agency will make reasonable efforts to provide such special accommodation.

The Pre-Proposal site visit will meet at the location (directions in Attachment A) and proceed as a group to the Cumberland Communications Facility site.

4.2 Questions

All questions must be submitted via e-mail to the TO Procurement Officer no later than the date and time indicated in the Key Information Summary Sheet. Answers applicable to all Master Contractors will be distributed to all Master Contractors who are known to have received a copy of the TORFP.

The statements and interpretations contained in responses to any questions, whether responded to orally or in writing, are not binding on the Department unless the TORFP is expressly amended. Nothing in any response to any questions is to be construed as agreement to or acceptance by the Department of any statement or interpretation on the part of the entity asking the question.

4.3 TO Proposal Due (Closing) Date and Time

4.3.1 TO Proposals, in the number and form set forth in Section 5, must be received by the TO Procurement Officer no later than the TO Proposal due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.3.2 Requests for extension of this date or time shall not be granted.

4.3.3 Master Contractors submitting TO Proposals should allow sufficient delivery time to ensure timely receipt by the TO Procurement Officer. Except as provided in COMAR 21.05.03.02.F and 21.05.02.10, TO Proposals received after the due date and time listed in the Key Information Summary Sheet will not be considered.

4.3.4 The date and time of an e-mail submission is determined by the date and time of arrival in the e-mail address indicated on the Key Information Summary Sheet.

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

4.4 Award Basis

Based upon an evaluation of TO Proposal responses as provided in Section 6.4, a Master Contractor will be selected to conduct the work defined in Sections 2 and 3, and Attachments Q through and including Attachment Z. A specific TO Agreement, Attachment M, will then be entered into between the State and the selected Master Contractor, which will bind the selected Master Contractor (TO Contractor) to the contents of its TO Proposal, including the TO Financial Proposal.

4.5 Oral Presentation

Oral presentations/interviews will not be held for this solicitation.

4.6 Limitation of Liability

The TO Contractor’s liability is limited in accordance with the Limitations of Liability section of the CATS+ Master Contract. TO Contractor’s liability for this TORFP is limited to two (2) times the total TO Agreement amount.

4.7 Change Orders

4.7.1 If the TO Contractor is required to perform work beyond the scope of this TORFP as determined by the Procurement Officer, or there is a work reduction due to unforeseen scope changes, a TO Change Order is required. The TO Contractor and TO Manager shall negotiate a mutually acceptable price modification based on the TO Contractor’s proposed rates in the Master Contract and scope of the work change.

4.7.2 No scope of work changes shall be performed until a change order is approved by DoIT and executed by the TO Procurement Officer.

4.8 MBE Participation Goal

4.8.1 A Master Contractor that responds to this TORFP shall complete, sign, and submit all required MBE documentation at the time of TO Proposal submission (See Attachment D Minority Business Enterprise Forms).

IMPORTANT: Failure of the Master Contractor to complete, sign, and submit all required MBE documentation at the time of TO Proposal submission will result in the State’s rejection of the Master Contractor’s TO Proposal.

4.8.2 In 2014, Maryland adopted new regulations as part of its Minority Business Enterprise (MBE) program concerning MBE primes. Those new regulations, which became effective June 9, 2014 and are being applied to this task order, provide that when a certified MBE firm participates as a prime contractor on a contract, an agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own forces toward 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 subgoals, if any, established for the contract. Please see the attached MBE forms and instructions.

4.9 VSBE Goal

There is no VSBE participation goal for this procurement.

4.10 Living Wage Requirements

The Master Contractor shall abide by the Living Wage requirements under Title 18, State Finance and Procurement Article, Annotated Code of Maryland and the regulations proposed by the Commissioner of Labor and Industry.

All TO Proposals shall be accompanied by a completed Living Wage Affidavit of Agreement, Attachment F of this TORFP.

4.11 Federal Funding Acknowledgement

This Task Order does not contain Federal funds.

4.12 Conflict of Interest Affidavit and Disclosure

4.12.1 Master Contractors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment H) and submit it with their Proposals. All Master Contractors are advised that if a TO Agreement is awarded as a result of this solicitation, the TO Contractor’s Personnel who perform or control work under this TO Agreement and each of the participating subcontractor personnel who perform or control work under this TO Agreement shall be required to complete agreements substantially similar to Attachment H Conflict of Interest Affidavit and Disclosure.

4.12.2 If the TO Procurement Officer makes a determination that facts or circumstances exist that give rise to or could in the future give rise to a conflict of interest within the meaning of COMAR 21.05.08.08A, the TO Procurement Officer may reject an Master Contractor’s TO Proposal under COMAR 21.06.02.03B.

4.12.3 Master Contractors should be aware that the State Ethics Law, Md. Code Ann., General Provisions Article, Title 5, might limit the selected Master Contractor's ability to participate in future related procurements, depending upon specific circumstances.

4.12.4 By submitting a Conflict of Interest Affidavit and Disclosure form, the Master Contractor shall be construed as certifying all TO Contractor Personnel and Subcontractors are without a conflict of interest as defined in COMAR 21.05.08.08A.

4.13 Proposal Affidavit

A TO Proposal submitted by the Master Contractor must be accompanied by a completed Proposal Affidavit. A copy of this Affidavit is included as Attachment C of this TORFP.

4.14 Mercury and Products That Contain Mercury

This solicitation does not include the procurement of products known to include mercury as a component.

4.15 Bonds

4.15.1 TO Proposal Bond

This provision is not applicable to this solicitation.

4.15.2 Performance Bond

1. The TO Contractor shall deliver a Performance Bond, or other suitable security, to the State within ten (10) business days after notification of recommended award in the amount of $1,000,000.00, guaranteeing that the TO Contractor shall well and truly perform the TO Agreement.

2. The Performance Bond shall be in the form provided in Appendix 3 and underwritten by a surety company authorized to do business in the State and shall be subject to approval by the State, or other acceptable security for bond as described in COMAR 21.06.07, as summarized in Section 4.15.4.

3. The Performance Bond shall be maintained throughout the term of this TO Agreement. This Performance Bond shall also secure liquidated damages.

4. The Performance Bond may be renewable annually. The TO Contractor shall provide to the State, 30 days before the annual expiration of the bond, confirmation from the surety that the bond will be renewed for the following year. Failure to timely provide this notice shall constitute an event of default under the TO Agreement. Such a default may be remedied if the TO Contractor obtains a replacement bond that conforms to the requirements of the TO Agreement and provides that replacement bond to the State prior to the expiration of the existing Performance Bond.

5. The cost of this bond, or other suitable security, is to be included in the total prices proposed, is not to be proposed, and will not be recoverable as a separate cost item.

6. After the first year of the TO Agreement, the TO Contractor may request a reduction for Performance Bond. The amount and the duration of the reduction, if any, will be at the Department’s sole discretion. If any reduction is granted, the Department’s shall have the right to increase the amount of the Performance Bond to any amount, up to the original amount, at any time and at the Department’s sole discretion.

4.15.3 Payment Bond

The TO Contractor shall submit to the Procurement Officer, within ten (10) business days after notice of recommended award, a Payment Bond in the amount of the TO Agreement. The bond shall be in the form provided in Appendix 4 and issued by a surety company licensed to do business in the State. The Payment Bond shall be maintained throughout the term of this TO Agreement, or renewal option period, if exercised. Evidence of renewal of the Payment Bond and payment of the required premium shall be provided to the TO Manager. This bond shall also secure liquidated damages.

Failure of the TO Contractor to submit and maintain the required Payment and Performance Bond coverage throughout the term of the TO Agreement will constitute an event of Default under the Master Contract.

The Payment Bond shall be forfeited to DoIT in whole or part, if the Master Contractor defaults in its payment of subcontractors or vendors for work performed under this TO Agreement. A letter must be submitted from a bonding company with the Technical Proposal providing evidence that the

Master Contractor is capable of securing the required Payment and Performance bonds.

4.15.4 Acceptable Security

Acceptable security shall be as described below, identified within and excerpted from

COMAR 21.06.07: Acceptable security for proposal/bid, performance, and payment bonds is limited to:

A. A bond in a form satisfactory to the State underwritten by a surety company authorized to do business in this State;

B. A bank certified check, bank cashier's check, bank treasurer's check, cash, or trust account;

C. Pledge of securities backed by the full faith and credit of the United States government or bonds issued by the State;

D. An irrevocable letter of credit in a form satisfactory to the Attorney General and issued by a financial institution approved by the State Treasurer.

4.15.5 Surety Bond Assistance Program

Assistance in obtaining bid, performance and payment bonds may be available to qualifying small businesses through the Maryland Small Business Development Financing Authority (MSBDFA). MSBDFA can directly issue bid, performance or payment bonds up to $750,000. MSBDFA may also guarantee up to 90% of a surety's losses because of a TO Contractor’s breach of TO Agreement; MSBDFA exposure on any bond guaranteed may not, however, exceed $900,000. Bonds issued directly by the program will remain in effect for the duration of the TO Agreement, and those surety bonds that are guaranteed by the program will remain in effect for the duration of the surety’s exposure under the TO Agreement. To be eligible for bonding assistance, a business must first be denied bonding by at least one surety on both the standard and specialty markets within 90 days of submitting a bonding application to MSBDFA.

The applicant must employ fewer than 500 full-time employees or have gross sales of less than $50 million annually, have its principal place of business in Maryland or be a Maryland resident, must not subcontract more than 75 percent of the work, and the business or its principals must have a reputation of good moral character and financial responsibility. Finally, it must be demonstrated that the bonding or guarantee will have a measurable economic impact, through job creation and expansion of the state’s tax base. Applicants are required to work through their respective bonding agents in applying for assistance under the program. Questions regarding the bonding assistance program should be referred to the following:

Maryland Department of Business and Economic Development Maryland Small Business Development Financing Authority MMG Ventures 826 E. Allegany Street Allegany, Maryland 21202 Phone: (410) 333-4270 Fax: (410) 333-2552

4.16 Prompt Payment of Subcontractors

This TO Agreement is subject to the provisions of State Finance and Procurement Article, §15-226, Annotated Code of Maryland, and COMAR 21.10.08. A TO Contractor shall promptly pay its subcontractors an undisputed amount to which a subcontractor is entitled for work performed under the TO Agreement within 10 days after the TO Contractor receives a progress payment or final payment for work under this TO Agreement.

If a TO Contractor fails to make payment within the period prescribed above, a subcontractor may request a remedy in accordance with COMAR 21.10.08.

A TO Contractor shall include in its subcontracts for work under this TO Agreement, wording that incorporates the provisions, duties and obligations of §A-D, State Finance and Procurement Article, §15- 226, Annotated Code of Maryland, and COMAR 21.10.08.

4.17 Warranty

4.17.1 All tower materials, galvanizing, tower foundation materials, tower structures and all attachments and appurtenances thereto shall be guaranteed against defects in material and workmanship for a minimum of five (5) years after final, written acceptance of the project.

4.17.2 All equipment shelters, equipment shelter foundations, HVAC units, generator and other associated equipment shall be guaranteed against defects in material and workmanship for a minimum of two (2) years after final, written acceptance of the project.

4.17.3 The tower lighting system supplied by the Master Contractor shall be guaranteed against defects in material and workmanship for a minimum period of five (5) years after final, written acceptance of the project.

4.17.4 All other materials and labor provided by the Master Contractor shall be guaranteed against defects in materials and workmanship for a minimum of two

(2) years after final, written acceptance of the project.

4.17.5 After the initial, two-year warranty period, the state, in its discretion, may reduce the performance bond amount to 40% of the total TO Agreement price.

4.18 Differing Site Conditions

The TO Contractor shall notify the TO Manager in writing, within five (5) business days, and before such conditions are disturbed, of unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this

TORFP.

The TO Manager will investigate the conditions within five (5) business days of being notified. If the TO Manager and Procurement Officer find that such conditions do materially differ and cause an increase or decrease in the TO Contractor’s cost, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.

No claim from the TO Contractor will be accepted unless the TO Contractor has given the notice required above. The State may extend the notification and/or response time.

No claim by the TO Contractor for an equitable adjustment will be allowed if the TO Contractor submits the request after the final payment is issued.

4.19 Site Investigation

The TO Contractor acknowledges that they have investigated and are aware of any conditions at the site that may affect the disposition of the work in this TO. The State assumes no responsibility for any conclusions or assumptions made by the TO Contractor based on information provided by the State or available in the public domain.

5 TO Proposal Format

5.1 Required Response

Each Master Contractor receiving this CATS+ TORFP shall respond no later than the submission due date and time designated in the Key Information Summary Sheet. Each Master Contractor is required to submit one of two possible responses: 1) a TO Proposal or 2) a completed Master Contractor Feedback Form (available online within the Master Contractor Admin System). The feedback form helps the State understand for future contract development why Master Contractors did not submit proposals. The form is accessible via the CATS+ Master Contractor login screen and clicking on TORFP Feedback Response Form from the menu.

A TO Proposal shall conform to the requirements of this CATS+ TORFP.

5.2 Two Part Submission

Master Contractors shall submit TO Proposals in separate volumes:

1. Volume I – TO TECHNICAL PROPOSAL

2. Volume II – TO FINANCIAL PROPOSAL

5.3 TO Proposal Packaging and Delivery

5.3.1 Offerors shall submit TO Proposals electronically through eMMA in accordance with the instructions provided in the Key Information Summary Sheet. Hard-copy submissions, sealed packages, duplicate copies, facsimile submissions, and USB drive submissions will not be accepted.

5.3.2 Proposals submitted outside of eMMA shall not be considered.

5.3.3 Provide no pricing information in the TO Technical Proposal.

5.3.4 The TO Procurement Officer must receive all TO Technical and TO Financial Proposal material by the TORFP due date and time specified in the Key Information Summary Sheet. Requests for extension of this date or time will not be granted. Except as provided in COMAR 21.05.03.02F, TO Proposals received by the TO Procurement Officer after the due date will not be considered.

5.3.5 Two-Part Submission: Offerors shall submit their TO Proposals in eMMA as two separate files/packages as follows:

TO Technical Proposal consisting of:

1. One (1) executed TO Technical Proposal and all supporting technical documentation.

TO Financial Proposal consisting of:

1. One (1) executed TO Financial Proposal and all supporting financial documentation.

5.3.6 It is preferred, but not required, that Offerors clearly identify the company name and a point of contact, including email address and telephone number, within their TO Technical and TO Financial Proposal submissions.

5.4 Volume I - TO Technical Proposal

IMPORTANT: Provide no pricing information in the TO Technical Proposal (Volume I).

Include pricing information only in the TO Financial Proposal (Volume II).

5.4.1 In addition to the instructions below, responses in the Offeror’s TO Technical Proposal shall reference the organization and numbering of Sections in the TORFP (e.g., “Section

2.2.1 Response . . .; “Section 2.2.2 Response . . .,”). All pages of both TO Proposal volumes shall be consecutively numbered from beginning (Page 1) to end (Page “x”).

5.4.2 Technical proposals shall remain valid for 90 days after the TO Proposal Due (Closing) Date and Time.

5.4.3 The TO Technical Proposal shall include the following documents and information in the order specified as follows:

A. Proposed Services:

1. Executive Summary: A one-page summary describing the Offeror’s understanding of the TORFP scope of work (Section 2) and proposed solution.

2. Proposed Solution: Include a thorough description to include:

i. Proposed construction schedule.

ii. Detailed description of assumed risks and potential mitigation plans for the risks.

3. Organization Chart: Identify all permanent personnel and subcontractors working on the project.

4. Safety Manual – General and Tower site construction safety procedures and policies, in-house training programs, and certifications obtained and maintained

5. Tower Technical Details: A description of the manufacturer, any technical documents related to the tower and tower foundation design. This will include, but is not limited to, technical sheets or correspondence from the manufacturer. List assumptions used for the tower design.

6. Shelter Technical Details: A description of the manufacturer, any technical documents related to the shelter and shelter foundation design. This will include, but is not limited, technical sheets or correspondence from the manufacturer. List any appropriate assumptions used for the shelter design.

7. Tower and Shelter Delivery Plan – describe in detail how the tower and shelter will be transported to the site, including any proposed road improvements or closings.

8. Copies of Green/Yellow Erosion & Sediment (E&S) credentials.

9. Performance Bond Capability letter from a bonding company providing evidence that the Master Contractor is capable of securing the bond required in TORFP Section 4.15.

10. Payment Bond Capability letter from a bonding company providing evidence that the Master Contractor is capable of securing the bond required in TORFP Section 4.15.

B. TORFP Staffing

1. Provide a Staffing Management Plan with brief qualifications of up to four people demonstrating how the Offeror will provide the resources necessary to perform the Scope of Work required in this TORFP.

2. Provide the names and titles of the Offeror’s management staff who will supervise the personnel and quality of services rendered under this TO Agreement.

C. MBE Participation

Submit completed MBE documents D-1A.

D. Subcontractors

Identify all proposed subcontractors, including MBEs, and their roles in the performance of Section 2 - Scope of Work.

E. Master Contractor and Subcontractor Experience, Capabilities, and References

1. Provide up to three examples of engagements or contracts the Master Contractor has completed that were similar to Section 2 - Scope of Work. Include contact information for each client organization complete with the following:

a) Name of organization.

b) Point of contact name, title, e-mail and telephone number (point of contact shall be accessible and knowledgeable regarding experience)

c) Services provided as they relate to Section 2 - Scope of Work.

d) Start and end dates for each example engagement or contract.

e) Current Master Contractor team personnel who participated on the engagement/contract.

f) If the Master Contractor is no longer providing the services, explain why not.

2. State of Maryland Experience: If applicable, the Master Contractor shall submit a list of all contracts it currently holds or has held within the past five years with any entity of the State of Maryland. For each identified contract, the Master Contractor shall provide the following (if not already provided in sub paragraph 1 above):

a) Contract or task order name

b) Name of organization.

c) Point of contact name, title, e-mail, and telephone number (point of contact shall be accessible and knowledgeable regarding experience)

d) Start and end dates for each engagement or contract. If the Master Contractor is no longer providing the services, explain why not.

e) Dollar value of the contract.

f) Indicate if the contract was terminated before the original expiration date.

g) Indicate if any renewal options were not exercised.

IMPORTANT: State of Maryland experience can be included as part of Section 1 above as engagement or contract experience. State of Maryland experience is neither required nor given more weight in proposal evaluations.

F. State Assistance

Provide an estimate of expectations concerning participation by State personnel.

G. Confidentiality

A Master Contractor should give specific attention to the identification of those portions of its TO Proposal that it considers confidential, 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, Title 4, of the General Provisions Article of the Annotated Code of Maryland. Master Contractors are advised that, upon request for this information from a third party, the TO Procurement Officer will be required to make an independent determination regarding whether the information may be disclosed.

H. Proposed Facility

Identify Master Contractor’s facilities, including address, from which any work will be performed.

5.5 Volume II – TO Financial Proposal

5.5.1 The TO Financial Proposal shall contain all price information in the format specified in Attachment B – Price Sheet. The Offeror shall complete the Financial Proposal Form only as provided in the Financial Proposal Form Instructions and the Financial Proposal Form itself.

5.5.2 The TO Financial Proposal shall contain a description of any assumptions on which the Master Contractor’s TO Financial Proposal is based (Assumptions shall not constitute conditions, contingencies, or exceptions to the Financial Proposal Form).

5.5.3 Pricing shall be a firm fixed price for all work to be done.

5.5.4…