D1SPRY29SB IFB Tree Line Spraying with Herbicide.docx

Tree Line Spraying with Herbicide Solicitation #: D1SPRY29SB IFB Document

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

(SHA)

INVITATION FOR BIDS (IFB)

TREE LINE SPRAYING WITH HERBICIDE ON STATE HIGHWAY ROADSIDES DORCHESTER, SOMERSET, WICOMICO, AND WORCESTER COUNTIES.

IFB NUMBER D1SPRY29SB

ISSUE DATE: JULY 23, 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

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Department of Social and Economic Mobility’s (DoSEM) Office of Small, Minority & Women Business Affairs (OSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the OSBA as a certified small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

KEY INFORMATION SUMMARY SHEET (KISS)

660 West Road, Salisbury MD 21801

Email:

Phone Number:

gnorfolk@mdot.maryland.gov 410-677-4011

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

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).

_____% for African-American MBEs;

_____% for Asian-American MBEs;

_____% for Hispanic-American MBEs; and _____% for Woman-Owned MBEs.

N/A

N/A

Approximate NTP middle of August 2026.

Table of Contents - IFB

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

A. The Bidder shall have a minimum of 3 years’ work experience in Tree Line Spraying with herbicide chemicals and operating the equipment to apply the chemical.

B. The Bidder will hold for the duration of the contract a valid Maryland State Department of Agriculture license, a MD Licensed Tree Expert Certification.

C. The Bidder shall be registered with SDAT to conduct business in the State of Maryland D. Operator must have a valid CDL License in the State of Maryland (if applicable) E. The bidder shall have their own employees, equipment, and registered vehicles to be able to complete the project and be properly insured.

F. The Bidder shall provide with its Bid "Attachment L Reference Checks" with one or more references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Contractor Requirements: Scope of Work Summary Statement 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”): consists of tree line spraying with herbicide chemical and operation of the specialized equipment to apply the chemicals at various locations in Dorchester, Somerset, Wicomico, and Worcester Counties.

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.

This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

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

Background and Purpose State Highway Administration is soliciting bids for a contractor to perform the spraying of herbicide chemical with equipment along the tree line on the highway roadsides at various locations in Dorchester, Somerset, Wicomico and Worcester Counties as needed.

Project Goals Supply labor and equipment necessary to spray the tree lines with herbicide chemicals at various locations in Dorchester, Somerset, Wicomico and Worcester Counties.

State Staff and Roles In addition to the Procurement Officer and Contract Manager the State may appoint other staff to inspect the work over the duration of the contract Contractor Responsibilities and Tasks The general purpose of this solicitation will be the spraying of tree line areas along the highway roadsides with chemicals to ensure safety for public and employee All work on this project shall conform to the Maryland Department of Transportation, State Highway Administration's Specifications entitled, "Standard Specifications for Construction and Materials" dated July 2025 revisions thereof or additions thereto; and the Special Provisions included in this Invitation for Bids.

SCOPE OF WORK

Contractor shall Supply equipment, incidentals and 2-person crew as specified to complete High-Volume Herbicide Application to undesirable vegetation as directed by the Engineer. The main herbicide used will be Krenite S, to be applied in late summer/early fall in Dorchester, Wicomico, Worcester, and Somerset Counties.

MATERIALS:

Water (to be provided at the SHA facility) Herbicides (Krenite) (to be Supplied by SHA) Spray Adjuvants and Wetting Agents (to be Supplied by SHA)

TRAFFIC CONTROL AND PROTECTION VEHICLE TO BE PROVIDED BY THE ADMINISTRATION

Work is not permitted on Saturdays, Sundays or State Recognized holidays.

HERBICIDE APPLICATION WORK CREW

Contractor will perform herbicide application when and where directed. The contractor must verify that the treated area has no residents that are listed on the Maryland Department of Agriculture’s pesticide sensitive individual list and contains no sensitive crops in the area. Chemicals will be mixed on site in the presence of the project engineer. Work assignments will be provided by the Engineer at least 5 days prior to beginning work. Contractor shall have adequate forces to complete the estimated hours listed in the late Summer/fall timeframe when Krenite is best applied.

(a) General.

Scheduling. Schedule herbicide spraying and provide notice to the Engineer by telephone at least 24 hours before beginning work each day.

Calibrating. Ensure the sprayer is calibrated at all times.

Applying. Ensure that herbicide solutions are applied based upon all site conditions, spray solutions, plants being controlled, wind speed and direction, and proximity of off target sensitive plants and crops.

Documenting. Complete and submit the ‘Contractor Activity Log’. Complete and submit the ‘Pesticide Application Reporting Form’. Record the location, acreage treated, herbicide name, and quantity applied on the Pesticide Application Reporting Form.

Submit the Forms within 24 hours after applying herbicide Contact the District Traffic Engineer to determine which boxes to check, the lane closure schedule on page 2, and the number of minutes on page 3.

Shorten or lengthen Chart as much as desired for project requirements (b) Herbicide Use.

Apply pesticides in conformance with the Maryland Pesticide Applicator’s Law, the Administration’s Integrated Vegetation Management Manual for Maryland Highways, and the manufacturer’s recommendations.

The Contractor shall possess a Maryland Department of Agriculture Commercial Pesticide Business License and a Pesticide Applicator Certificate for Category (6) Right-of-Way and Weed Control.

Pesticides shall be applied by a Maryland Certified Pesticide Applicator, or by a Registered Pesticide Applicator under the supervision of a Certified Pesticide Applicator.

Non-target plant material that is killed or damaged shall be replaced at no cost to the Administration.

Mix and apply pesticides at the manufacturer’s recommendations including adjuvant and surfactant for the target plant material. Mix pesticides on site under supervision of the Engineer. Do not deliver pre-mixed pesticides to the site without prior approval.

(c) Herbicides, Rates, and Application Timeframes Ammonium Salt of Fosamine 41.5%, 4 lbs./gal : 1.5- 2.0 gallons/acre (applied August – September). Do not treat evergreens taller than 6’ in Height.

Phyto blend grade petroleum oil 83% and nonionic surfactant with emulsifier 17%.

This will be applied at a rate of .25 % of the application rate of water per acre.

Application Rate will be at 20-30 gallons of water per acre to ensure complete coverage of targeted vegetation.

Other chemicals as needed, provided by SHA to be sprayed utilizing same equipment, if needed.

(d) Crew Provide the following crew for vegetation work and invasive species control operations as directed:

(1) Foreman. One competent, physically qualified foreman able to read and speak English with experience in and qualified to operate all required and supplemental vegetation and pesticide application equipment identified in this specification on roadsides, medians, wetlands, meadows, and forest stand sites.

The Foreman shall be responsible for the following:

FOREMAN RESPONSIBILITIES

(1) High Volume Application

(2) Backpack Application Two (2) backpack sprayers used to apply herbicide to the stem of woody vegetation using low pressure to cover the lower 12-15 inches of the stem, including the root collar area, but not to the point of runoff.

(3) All-Terrain Vehicle (ATV) Application One four-wheel drive ATV capable of maintaining a uniform speed of 2 to 4 mph over typical roadside terrain and equipped with at least 15 gallon; 12-volt powered; capable of delivering 5 gpm at 55 to 60 psi, equipped with viton seals, bypass system and pressure regulator; actuated by an in-line switch mounted to ATV securely mounted to ATV speedometer/odometer; Handgun unit with 50 ft. hose, boomless nozzle capable of applying 5 to 7 gpa on a 12 ft. wide swath and mounted on a vertical mast permitting variable heights between 2 to 4 ft. above ground level; wide cast nozzle equipped with swivel adapter, filter screen and check valve, and capable of liquid chemical carrier. Calibrate unit as requested. The ATV shall arrive on site with a clean and empty tank free of chemical residue. All materials shall be mixed on site under the supervision of the Engineer.

TERM OF CONTRACT

This contract will be for a period of 24 months, beginning approximately 08/20/2026, ending 24 months thereafter or when funds have reached total value of contract (whichever is achieved first). The contract will be written for the low bid amount that does not exceed $50,000 (no payments will be made for work performed beyond the low bid amount unless the contractor has been provided with a signed change order for work). If all bids come in over $50,000 the State Highway Administration may cancel this procurement and re-advertise using formal procurement procedures.

WORK SCHEDULING

The Contractor shall report to the designated starting point within five (5) days of receiving notice that herbicide application operations are to begin. The Engineer may extend this five (5) day notice due to the weather or other conditions that might unfavorably affect the application of herbicides. The Contractor shall furnish the Engineer with the name, address, and phone number of an individual in his/her firm who can be contacted by the Engineer at any time in the event that the scheduled work has been revised. Vendor must arrive at the starting point of work at the start time established by the engineer.

WORKING HOURS

Working hours shall be 7:30 A.M. to 4:00 P.M. Monday through Friday, with the exception of State holidays. High volume roadways will require work hour restrictions. Work will not be permitted on Saturdays, Sundays or State holidays without the written permission of the Engineer. The Contractor shall receive orders daily from the Engineer or their designee. Working hours may be reduced due to unfavorable weather or road conditions. If the Contractor begins scheduled work and the Engineer cancels it because of weather conditions, the Contractor will be paid a minimum of 3 hours for the Herbicide Application Crew. If the Engineer cancels work, due to weather conditions, before the work begins, no "show up" time will be paid.

ESTIMATED QUANTITIES

All maintenance items and quantities in these Special Provisions are provided for use when and as directed by the Engineer. The quantities for these items are established for the purpose of obtaining a bid price. The quantities for these items may be increased, decreased, or deleted entirely from the Contract by the Engineer.

MEASUREMENT AND PAYMENT. Herbicide Application Crews will be measured and paid for at the Contract unit price for the specified item. The payment will be full compensation for all labor, tools, vehicles, equipment, materials, water, dump fees and incidentals necessary to complete the work.

(a) Unit Hour. Herbicide Application Crews will be measured by hours of consecutive and productive work. The Unit Hour shall begin and end at the work site as approved by the Engineer. Travel between multiple work sites and time required to prepare herbicide solutions and fill herbicide sprayers shall be considered part of the Unit Hour. The spray unit should arrive filled with water at the beginning of every day. After the initial filling a maximum of 1 Hour will be allowed for each tank filling and herbicide mixing.

break.

(4) Time when work cannot be completed due to inclement weather.

High Volume Herbicide Application Crew. High Volume Application will be measured and paid for at the Contract unit price per unit hour. The payment will be full compensation for labor; required vehicles, tools and equipment; disposal fees; safety equipment and incidentals necessary to complete the work.

Supplemental Category of Work Requirements and Responsibilities

Not applicable to this IFB.

Standard Terms and Conditions 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.

End of Contract Transition The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

Invoicing 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:

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

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

I. Goods or services provided; details, dates and line quantity items achieved J. Amount due; and K. 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 The Contractor shall submit invoices in accordance with the following schedule:

A. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 10th business day of the month following the end of the invoice period.

Travel Reimbursement Travel will not be reimbursed under this IFB.

Liquidated Damages

THIS SECTION IN INAPPLICABLE TO THIS IFB.

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.

Federal Funding Acknowledgement This Contract does not contain federal funds.

Conflict of Interest Affidavit and Disclosure

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Non-Disclosure Agreement Non-Disclosure Agreement (Bidder/Offeror) A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

Non-Disclosure Agreement (Contractor) A Non-Disclosure Agreement (Contractor) is not required for this procurement.

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/.

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.

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:

The following type(s) of insurance and minimum amount(s) of coverage are required:

1. 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.

1. 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.

1. Automobile or Commercial Truck Insurance – 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 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 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.

Any insurance furnished as a condition of the Contract shall be issued by a company authorized to do business in the State.

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.

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.

Bid Submission Information and Instructions 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.

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.

Pre-Bid Conference

THIS SECTION IS INAPPLICABLE TO THE IFB.

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.

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.

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.

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).

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.

Duration of Bids Bids submitted in response to this IFB are irrevocable for the latest of the following: 90 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.

Revisions to the IFB 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.

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

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.

Cancellations This IFB may be cancelled as provided in COMAR 21.06.02.02 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.

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).

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).

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.

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).

Bidder Responsibilities A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of 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.

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.

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.

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 – 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.

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.

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.

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.

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 containing confidential and/or proprietary commercial information or trade secrets, and provide justification for 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 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.

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.

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

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.)

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

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

(Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past [[five years]]) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

Additional Required Documents with the Bid

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in IFB Section 1. If references are required in IFB Section 1, those references shall be included in Attachment L. Reference Checks.

Acknowledgement of all addenda to this IFB.

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.

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.

Tie Bids Tie Bids will be decided pursuant to COMAR 21.05.02.14.

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.

Small Business Preference

NOT APPLICABLE TO THIS IFB.

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

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

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

1. 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”.

Appendices (Table C)

TABLE C - APPENDICES

5.2 EXHIBITS (TABLE D)

TABLE D - Exhibits

IFB for STATE HIGHWAY ADMINISTRATION Page 2 of 28 image1.png