D2JANI29SB Janitorial at SHA D2 Office Chestertown.pdf

SHA D2 Office Janitorial

Solicitation #: D2JANI29SB IFB Document

IFB for MDOT SHA Chestertown Shop Page 1 of 25

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION STATE HIGHWAY

ADMINISTRATION

(MDOT SHA)

INVITATION FOR BIDS (IFB)

Cleaning and Janitorial Service for SHA D2 Office

IFB NUMBER D2JANI29SB

ISSUE DATE: 08/07/2026

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

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 business vendors. Only businesses that meet the statutory requirements set forth in State Finance and

Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the

Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) 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 GOSBA as a 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.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Janitorial Services at SGA D2 Office

Solicitation

Number:

D2JANI29SB

IFB Issue Date: 08/07/2026

IFB Issuing

Office:

Maryland Department of Transportation, State Highway Administration, D2 Office

Procurement

Officer:

Betty “B.J.” Tarr

615 Morgnec Rd

Chestertown, MD 21620

Email:

Phone Number:

btarr@mdot.maryland.gov

410-810-3250

Bids are to be sent to:

eMMA Upload

No Bid Notice

Feedback Form

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

Pre-Bid

Conference:

There is no Pre-Bid conference

Scheduled Site

Visit Please schedule a site visit. Contact BJ Tarr at D2 Office Facility at 410-

810-3250. This is required.

Questions Due

Date and Time:

08/13/2026 1PM

Bid Due (Closing)

Date and Time:

08/14/2026, 2PM, Microsoft Teams information below

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).

Public Bid

Opening Date, Time, and

Location

08/14/2026 at 2PM

Microsoft Teams meeting

IFB for MDOT SHA Chestertown Shop Page 3 of 25

Join:

https://teams.microsoft.com/meet/2897672764817

95?p=UKGTs4NaaX1uPvqKLR

Meeting ID: 289 767 276 481 795

Passcode: 4Jh6jK3P

Need help? | System reference

Dial in by phone

+1 667-262-2962,,271181671# United States, Baltimore

Find a local number

Phone conference ID: 271 181 671#

MBE or DBE

Subcontracting

Goal:

N/A

VSBE

Subcontracting

Goal:

N/A

Procurement

Method:

A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

Multiple or

Alternate Bids:

Bids may be modified or withdrawn by written notice received by the

Procurement Officer before the time and date. If there is no written notice, the most current bid will be used.

Contract Type: firm fixed price per defined quantity.

Contract

Duration:

24 months or until quantities exhausted.

Primary Place of

Performance:

MDOT SHA District 2 Office, 615 Morgnec Rd, Chestertown, MD 21620

SBR Designation: Yes, small business reserve

Federal Funding: No https://teams.microsoft.com/meet/289767276481795?p=UKGTs4NaaX1uPvqKLR https://teams.microsoft.com/meet/289767276481795?p=UKGTs4NaaX1uPvqKLR https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWI5OThmNTgtMTk3Yi00YmRlLWFlNWUtM2Y1ZTA4MDUwMmI3%40thread.v2/0?context=%7b%22Tid%22%3a%22b38cd27c-57ca-4597-be28-22df43dd47f1%22%2c%22Oid%22%3a%22a50dd5e7-31f0-4b3a-950f-d2e7e204602d%22%7d tel:+16672622962,,271181671 https://dialin.teams.cloud.microsoft/bf475622-ba25-438e-9483-abd330e2c794?id=271181671

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.1 Project Goals

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.3.1 Invoice Submission Schedule

3.3.2 Deliverable Invoicing

3.3.3 Labor Hour/Time and Materials Invoicing

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

3.11 Maryland Healthy Working Families Act Requirements

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

Services (EPPs)

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

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4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

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

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

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

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

1.1.1 Three years of experience with commercial cleaning and janitorial service.

1.1.2 Conducted a facility tour in person.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 SHA D2 Office is currently soliciting bids for the cleaning and janitorial services at 615

Morgnec Rd, Chestertown, Maryland 21620.

2.1.2 This contract becomes effective September 6, 2026, and will continue in effect until

September 2028. The duration of the contract is for twenty-four (24) months.

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

2.1.4 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.

2.2 Background and Purpose

The purpose of this solicitation is for the cleaning and janitorial services at the MDOT SHA D2

Office, 615 Morgnec Rd, Chestertown, Maryland 21620

Project Goals:

Clean and maintain the cleanliness of the Maryland State Highway.

Work is to be performed on Tuesdays and Fridays of each week between the hours of

7:00 am and 2:30 pm, unless pre-approved by MDOT/SHA.

In the event a state holiday falls on a workday, SHA may give the option for the contractors to flex their normally scheduled workday to another day.

Regularly, 1 supervisor and 1 cleaning specialist will work 4 hours each. If less than 8 total hours of cleaning is completed, there will be prorated deduction. For example, if one person is off, the other person could clean for 8 hours for full pay. Or, they could clean for 4 hours and be paid half of the daily rate.

2.2.1 State Staff and Roles

A. SHA shall provide the contractor with a tentative schedule as stated in the section above.

B. SHA shall provide trash bags, hand towels rolls for bathrooms and kitchen, deodorizers, toilet paper, and hand soap. Please not use these supplies for cleaning. They are for restocking.

C. SHA shall provide outside receptacles for the deposit of trash.

D. SHA Shall provide a Daily Cleaning Checklist will be provided and will be required to be completed with each shift worked.

E. SHA Shall provide a sign-in / sign-out sheet for contractor employees to use.

2.3 Contractor Responsibilities and Tasks

2.3.1 The contractor shall furnish commercial grade equipment, gear such as vacuum cleaners, buckets, brushes, etc.

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2.3.2 Contractor equipment and supplies shall be clearly labeled with their company name.

2.3.3 Storage of contractor’s equipment and supplies can remain on site or removed.

Contractor equipment and supplies may be stored each night in the janitor’s closet.

Contractor shall not hold SHA liable for equipment loss.

2.3.4 Upon the competition or termination of the contract, the contractor shall have 15 calendar days to collect their equipment and supplies. Any equipment and supplies left after 15 days shall be treated as abandoned and subject to disposal.

2.3.5 The contractor shall provide all cleaning supplies offered by BISM (Blind Industries and

Services of Maryland) for use by contractor at this facility. These are supplies like disinfectants and cleaners, surface cleaners, neutral cleaners, floor strippers, floor finishes, gloves, brooms, mops, buffer pads, cloths, and paper towels for window washing.

2.3.6 Upon request by SHA, Contractor shall produce BISM receipt or commercial invoice showing that they are using BISM cleaning products.

2.3.7 The Contractor shall furnish each employee with an identification card, approved in form by the Administration, for ingress and egress of the building

2.3.8 DAILY DUTIES

2.3.9 Sweeping -- The contractor shall thoroughly sweep, removing all rugs and mats before each sweeping. The contractor shall only use a household angle broom from wall to wall, paying special attention to all corners, behind doors and around all fixtures in each room.

2.3.10 Mopping -- All tiled floors are to be completely wet mopped after sweeping has been completed. All carpeted areas are to be vacuumed, paying attention to all corners and behind doors in all rooms, including private and general offices, conference rooms being certain to include those areas under the desk, tables, and other equipment.

2.3.11 Restrooms will be swept, sanitized, and cleaned with a germicidal cleaning agent; each closet and urinal will be disinfected. Mirrors, sinks, fixtures, tile walls, door handles, and entire stall interior/exterior doors will be cleaned to eliminate fingerprints, graffiti, stains, etc. Cleaning methods must ensure that toilet bowls, wash bowls, urinals, tanks, and wall tile shall be clean and bright, and free from all soap film on surfaces. Wet mop all toilet floor areas using a neutral solution.

2.3.12 Empty mop bucket at end of day (per SHA safety inspector). There is sink basin in the janitor’s closet for the filling and emptying of mop buckets.

2.3.13 Dispensers -- All hand soap, paper towels, and toilet tissue dispensers will be refilled each shift worked.

2.3.14 Trash -- Waste baskets and other trash receptacles will be emptied from each office, room, lavatory, and kitchen area. Trash will be removed from the building interior to a dumpster located outside the facility. No trash is to be left in carts in the building overnight.

2.3.15 Glass Doors -- For the entryway doors, use a streak-free glass cleaner on the interior and exterior.

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2.3.16 Wash or use a sanitizing type cleaner on all doorknobs, building handles, tabletops, countertops, sinks, external appliance surfaces, trash receptacles in the kitchen, and any/all frequently touched surfaces.

2.3.17 Remove all water and excess cleaning residue from base cove moldings, cabinets, desks, doors, walls, etc. Finished surfaces are to be protected from harsh, abrasive compounds that may harm finishes.

2.3.18 Brush out all wall and door vents.

2.3.19 Keep a clean and tidy janitorial closet that is organized. Equipment and supplies should not be shoved-in or fall-out when the door opens.

2.3.20 Wash, or use sanitizing type cleaners on all tabletops, counter tops, sink, external appliance surfaces and trash receptacle in the kitchen.

2.3.21 Dust and clean all office desks, tables, cabinets, files, and other furniture. Desks and furniture will be wiped with approved wood furniture polish.

2.3.22 Dust and clean picture frames and windowsills.

2.3.23 Damp dust all bulletin boards, picture frames, map boards, tops of radiator, convectors, windows, and windowsills (inside), tops of cupboards, shelving, bookcases, filing equipment, and all other flat surfaces daily. Dust, dirt, and lint will be frequently rinsed from the cleaning cloths and sponges, using warm water.

2.3.24 Wipe down all doors, frames, trim, and walls to keep marks and handprints from accumulating.

2.3.25 The Contractor shall be assigned work by the District representative. Listed are the basic requirements for cleanliness and the anticipated frequency of tasks. The Contractor coming on duty shall first make a brief tour of the building to determine any item(s) needing immediate attention. The District representative shall review this with the

Contractor, and may, at his or her discretion, set priorities for a given day or week.

2.3.26 The Contractor shall schedule his/her work so as not to interfere with the operational functions of the building, or those areas occupied and used by employees. All work is to be constantly supervised by a qualified on-site supervisor. The extent and character of the work to be done by the contractor shall be subject to the inspection of the District

Engineer or his duly designated representative. The supervisor will maintain direct liaison with the District Engineer or his authorized representative.

2.3.27 MONTHLY DUTIES:

2.3.28 Sweep clean, wet Mop, and high buff, with a high-speed buffer, all Vinyl Composition tiled floor.

2.3.29 Buffing shall only occur on Fridays and use a commercial buffing machine. Please do not buff on Tuesday due to high building occupancy.

2.3.30 Brush out all wall and door vents.

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2.3.31 Add water to traps/floor drains in toilet room areas.

2.3.32 Clean shelves, floor, tub, and all other areas in Janitorial Closet. The closet shall be kept organized and maintained in an acceptable clean fashion.

2.3.33 Clean drip tray and external surface of water dispensers.

2.3.34 In the bathrooms, wipe and clean all walls, shower stalls, toilet stalls, doors, chromium plate fixtures, etc. All chromium plated fixtures shall be wiped dry leaving no marks.

2.3.35 Dust/Damp wipe all shelves, chair legs/rung ledges, pipes, vents, radiators, convectors, light fixtures, plumbing fixtures, dispensers, blinds, wall and ceiling corners for cobwebs, Spot clean doors, frames, trim, etc.

2.3.36 All blinds shall be wiped down and vacuumed as necessary to maintain cleanliness.

2.3.37 Clean wax and water residue from base cove moldings, cabinets, desks, doors walls, etc.

Finished surfaces are to be protected from harsh, abrasive compounds that may harm finishes.

2.3.38 Empty cigarette butt receptacles outside front and rear entrances.

2.3.39 Contingent Items – Upon request / annually

2.3.40 Cleaning Windows -- Included in the Schedule of Prices, will be performed within 30 days after notification by the District Engineer or his representative. The price bid for this service will only be allowed when both interior and exterior windows have been cleaned, using a commercial quality window cleaner.

2.3.41 Strip and Wax Tiled Floors – Total Square Footage = 4,273. When tile floors get build-up of wax and become discolored they shall be stripped and re-waxed. Wax will be completely stripped from all floor areas (as determined by the Engineer). After all stripping operations, a thin coat of wax will be applied in accordance with the manufacturer’s specifications. The wax shall be applied in such a manner as to present a uniform appearance over the entire area after buffing. When an area appears gummy or unsightly because of heavy wax buildup, it shall be stripped and refinished with a thin coat of wax. The Contractor shall be responsible for removal of all wax from the base cove molding, walls and doors. Stripping and re-waxing must be performed within 30 days of notification by the District Engineer or his representative. The contractor will inform the District Engineer or his representative of his intention to perform this operation at least five (5) days in advance of any stripped or waxing.

2.3.42 Wet carpet shampoo – Total Square Footage = 8,190. Carpet shall be cleaned when and as directed by the Engineer whether in part or its entirety based on the actual square footage cleaned. Cleaning shall be performed by/in an approved method. It shall be the responsibility of the Contractor to move and replace furniture, cabinets, etc. as required.

Cleaning shall be done during hours other than normal working hours (Monday through

Friday, 7:30 a.m. – 3:30 p.m.). The contractor will inform the District Engineer or his representative of his intention to perform this operation at least five (5) days in advance.

This work shall be performed during the length of contract, as directed by the engineer.

A. Payment Information (reference to Standard Terms)

B. Work Orders (reference to Standard Terms)

C. Security Requirements (reference to Standard Terms)

D. Insurance Requirement

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2.4 Supplemental Category of Work Requirements and Responsibilities

2.4.1 Employees assigned to the performance of this contract or employees exhibiting inappropriate behavior shall be subject to immediate dismissal from the premises at the request of the District Engineer or his duly authorized representative. Janitorial services shall be completed in strict accordance with the specifications and subject to the terms and conditions of the contract.

2.4.2 Contractor shall provide a list of their employees engaged in this work at this facility and shall immediately advise the Administration of any change in status of employees, such as new hires, dismissal, substitution, etc.

2.4.3 Employees will present a neat and clean appearance.

2.4.4 The Contractor shall assign to the Contract, as his/her agent, a competent on-site supervisor capable of communicating in English and capable of reading and thoroughly understanding the Contract documents.

2.4.5 If a break/lunch is taken during a four-hour shift worked, the employee will be required to clock out using the time clock and clock back in, once break is over. This includes going to their car or smoking for more than 5 minutes. The amount of break time used will need to be made up at the end of the scheduled shift.

2.4.6 Late arrivals – arriving after 10:30 AM will be rejected, as the minimum 4 hours of cleaning time cannot be met. There is no charge to MDOT/SHA for late arrivals.

2.4.7 No show notice -- in the event that employees cannot clean the facility, the contractor or their employees must call or email the facility to notify them that no cleaning will be performed that day and before the scheduled report time, no later than 10:30 am. No-call-no-show incidents contribute to negative feedback.

2.4.8 In the event of snow, the SHA facility will remain open to plow snow and keep the highways open. The contractor may come in for a cleaning on their regularly scheduled days. If they cannot make it to the district office safely due to a winter storm event, you do not have to risk coming in. You will not be paid for these days. There will be no negative feedback for not coming in during a winter event.

UNSATISFACTORY SERVICE AND WORK NOT PERFORMED

The Contractor will be immediately notified of any work and services not properly performed. It will be the Contractor’s responsibility to take immediate action regarding any such deficiencies. Continued contractual deficiencies will result in monetary deduction for the work and services not properly performed, or in termination of the contract.

Throughout the term of this Contract, the Contractor will be rated by the Engineer for his/her reliability and quality of work, using the following system:

2.1 CONTRACT RELIABILITY AND QUALITY RATING

2.2 RELIABILITY QUALITY OF WORK

1 – Always show up as needed on time 1 – Good

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2 – Failed to show up as needed and on time one time 2 – Fair

3 – Failed to show up as needed and on time more than one time 3 - Poor

The Contractor will be rated after he/she submits a bill for each month’s work. If the Contractor received a rating of 3 in reliability and/or quality or work for two (2) consecutive months or three (3) times overall during the contract, the Administration reserves the right to terminate the contract.

Monthly cleaning duties are not optional. Failure to perform monthly cleaning duties will result in a show cause letter, followed by a termination by default letter, if not cured.

HAZARDOUS AND TOXIC SUBSTANCES ACT

The Address to Information About Hazardous and Toxic Substances Act is a part of the Maryland

Occupational Safety and Health (MOSH) Law. The procedures and most penalties in the MOSH Law are applicable to the contract. The Contractor must provide MSDS (Material Safety Data Sheets) for all chemicals and products brought into the facility. It is the responsibility of the District Engineer (or his representative) to ensure that these MSDS are always kept at the facility. When the Contractor removes a chemical from the facility, it is their responsibility to inform the Engineer (or his representative).

2026 Holidays: Highlights are on a regularly schedule workday when the office will be closed.

January 1st New Years Day (Thursday)

January 19th Dr. Martin Luther King, Jr. (Monday)

February 16th Presidents Day (Monday)

May 25th Memorial Day (Monday)

June 19th Juneteenth (Friday)

July 3rd Independence Day (Friday)

September 7th Labor Day (Monday)

October 12th Columbus Day (Monday)

November 3rd Election Day (Tuesday)

November 11th Veteran’s Day (Wednesday)

November 26th Thanksgiving (Thursday)

November 27th Black Friday – Usually open, sometimes the Governor make it a holiday. Call facility to confirm Thanksgiving week.

December 25th Christmas Day (Friday)

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

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

3.2 End of Contract Transition

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.

3.3 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; (maybe the same as the PO / BPO number)

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

I. Goods or services provided;

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.

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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.

3.3.1 Invoice Submission Schedule

The Contractor shall submit an invoice within one month of the completion of a work cycle.

3.3.2 Deliverable Invoicing

N/A

3.3.3 Labor Hour/Time and Materials Invoicing

N/A

1. Timesheet Reporting

N/A

2. Materials Reporting

N/A

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

N/A

3.4.3 Problem Escalation Procedure

N/A

3.5 Work Orders

N/A

3.6 Payments by Electronic Funds Transfer

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s

Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT)

Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD

X-10 form may be downloaded from the Comptroller’s website at:

https://www.marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf

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3.7 Prompt Payment Policy

Not applicable. This contract does not allow subcontracting.

3.8 Federal Funding Acknowledgement

Not applicable. This Contract does not contain federal funds.

3.9 Conflict of Interest Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

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

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR

21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code

Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.10.2 Non-Disclosure Agreement (Contractor)

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

3.11 Maryland Healthy Working Families Act Requirements

On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of

Maryland. See the Department of Labor, Licensing and Regulations website for Maryland

Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

Employers who employ 15 or more employees are required to provide paid earned safe and sick leave. Employers with less than 15 employees are required to provide unpaid earned sick and safe leave.

Certain employees are exempt from the requirements of the law.

All employees whose primary work location is in Maryland are entitled to accrue sick and safe leave unless they are exempt from coverage under the law.

https://dllr.state.md.us/paidleave/

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Leave accrues at the rate of one hour for every thirty hours that an employee works.

An employee is not entitled to accrue sick and safe leave during (1) a 2 week pay period in which the employee worked fewer than 24 total hours; (2) a 1 week pay period if the employee worked fewer than a combined total of 24 hours in the current and immediately preceding pay period; or

(3) a pay period in which the employee is paid twice per month and worked fewer than 26 hours in the pay period.

The leave hours provided for under the law are the minimum number of hours an employee is entitled to earn and accrue. An employer may provide more leave for its employees.

The Act preempts local paid sick and safe leave laws enacted on or after January 1, 2017.

3.12 The State of Maryland’s Commitment to Purchasing Environmentally

Preferred Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.13 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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

A. Commercial General Liability – One hundred thousand ($100,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and one hundred thousand ($100,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

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

Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one hundred thousand ($100,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

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

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

3.13.3 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 https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

IFB for MDOT SHA Chestertown Shop Page 17 of 25 multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.13.4 Subcontractor Insurance

Not applicable. This contract does not allow subcontracting.

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4 Bid Submission Information and Instructions

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

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

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

4.2 Electronic Means

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

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

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

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

Monitor.

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

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

4.3 Pre-Bid Conference

N/A

4.4 Questions

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

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

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

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

IFB for MDOT SHA Chestertown Shop Page 19 of 25

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.

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

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

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

4.6 Receipt, Opening and Recording of Bids

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

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

Sheet.

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

4.7 Duration of Bids

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

4.8 Revisions to the IFB

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

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

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

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

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

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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

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

21.01.03.01.A(4).

IFB for MDOT SHA Chestertown Shop Page 20 of 25

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

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

4.10 Incurred Expenses

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

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

4.11 Protest/Disputes

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

4.12 Bidder Responsibilities

Not applicable. This section is for subcontractors and subsidiaries.

4.13 Acceptance of Terms and Conditions

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

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

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

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

4.14 Compliance with Laws/Arrearages

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

Contract.

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

4.15 Verification of Registration and Tax Payment

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

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

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

https://egov.maryland.gov/BusinessExpress/

IFB for MDOT SHA Chestertown Shop Page 21 of 25

4.16 False Statements

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

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

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

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

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

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

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

4.17 Confidentiality of Bids / Public Information Act Notice

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

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

The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

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

4.18 Use of Bidder’s Form Not Binding on State

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

Procurement Officer will be considered acceptable as bid submission.

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

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

IFB for MDOT SHA Chestertown Shop Page 22 of 25

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

B

The Price Form (as specified within eMMA)

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

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

(See Appendix 2 for specific Price Form Instructions.)

I Conflict of Interest Affidavit and Disclosure

4.20 Bid Delivery Instructions

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.

4.21 Bid Evaluation Criteria and Award Basis

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

Bid Price as submitted in its Bid.

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

Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by SHA following any approvals of the Contract required by law or regulation.

4.22 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.23 Reciprocal Preference

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

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

IFB for MDOT SHA Chestertown Shop Page 23 of 25

A. The Maryland resident business is a responsible Bidder;

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

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

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

Contract.

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

4.24 Documents Required upon Notice of Recommendation for Contract Award

(Table B)

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

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

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

Attachment Attachment Name

A Certificate(s) of Insurance

Workers Compensation Insurance & Automobile Insurance

B W-9 Request for Taxpayer Identification Number

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB for MDOT SHA Chestertown Shop Page 24 of 25

5 IFB Appendices and Exhibits

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

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

5.1 Appendices (Table C)

TABLE C - APPENDICES

Appendix # Appendix Name

1 N/A

2 Price Form Instructions

3 N/A

4 N/A

5 N/A

6 N/A

7 N/A

IFB for MDOT SHA Chestertown Shop Page 25 of 25

5.2 Exhibits (Table D)

TABLE D - Exhibits

Exhibit # Exhibit Name

1 N/A

2 Sample Contract

3 N/A