DO43227SB- Dorchester Litter- IFB.docx

MDOT/SHA Roadside Litter Pickup Services for Dorchester County Solicitation #: DO43227SB IFB Document

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

(SHA)

INVITATION FOR BIDS (IFB)

MDOT SHA ROADSIDE LITTER PICKUP SERVICES FOR DORCHESTER COUNTY

IFB NUMBER DO43227SB

ISSUE DATE: 03/05/2026

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.

KEY INFORMATION SUMMARY SHEET (KISS)

2954 Old Route 50, Cambridge, Maryland 21613

Email:

Phone Number:

AJones@mdot.maryland.gov

(410) 228-4977

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).

Cambridge Maintenance Shop, 2954 Old RT 50, Cambridge, MD 21613

_____% for African-American MBEs;

_____% for Asian-American MBEs;

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

N/A

N/A

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 three (3) years of experience providing similar services on an ongoing, routine and regular basis.

B. Vendor shall have been for a minimum of 3 years fully licensed to perform work in the State of Maryland.

C. The Bidder shall have their own labor, equipment and vehicles to be able to complete the project.

D. The Bidder shall be SDAT registered to conduct business in the State of Maryland.

E. 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”): Roadside Litter Pickup Services for the MDOT SHA Dorchester County for a one-year period 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 The purpose of this solicitation is to award a contract for roadside litter pickup in Dorchester County.

Project Goals To perform as-needed roadside litter pickup services State Staff and Roles Mr. Asbury Jones will appoint other staff to manage the contract and inspect the work completed over the duration of the contract.

Contractor Responsibilities and Tasks The general purpose of this solicitation will be to provide litter pickup services to the administration.

PROJECT DESCRIPTION

This contract consists of as-needed roadside litter pick up at various locations in Dorchester County. Work activities include removal of trash, litter, and debris including recap, organic debris, bottles, cans, cardboard, paper, tires, metal, etc. into a minimum 35-gallon trash bag. This also includes the removal and clearing of debris from inlet grates along the shoulder. No animal carcasses will be the responsibility of the contractor. This is a non-exclusive Contract. It does not include all work expected to be performed in the designated areas. Therefore, at times, other Contractors may be performing similar work that is not associated with this Contract.

SPECIFICATIONS

All work on this project shall be conformed to the Maryland Department of Transportation, State Highway Administration's Specifications entitled, "Standard Specifications for Construction and Materials Book revisions thereof, or additions thereto, and the Special Provisions included in this Invitation for Bids. In case of discrepancy between the Special Provisions and all other provisions contained in the Contract, the Contract Manager will be the sole authority as to the proper procedure to follow.

*** Contractor shall provide the administration a total # of full litter bags collected and disposed of daily. This shall be kept in a logbook and provided to the administration as needed.

EMPLOYMENT AGENCY

The Maryland Department of Labor, Licensing & Regulation (DLLR), Division of Employment & Training can be found on the Web at: http://www.dllr.state.md.us/county.

LOCATIONS OF WORK: Dorchester County roadways and right of ways that are maintained by SHA. This contract may be used on any state-maintained roadway in Dorchester County.

Litter Disposal sites:

Cambridge Shop, 2954 Old Route 50, Cambridge, MD 21613

SHA estimates that there will be a minimum of three (3) consecutive workdays at once in Dorchester County over the course of the contract until the workdays have been depleted. For some cycles of litter pickup, SHA expects some cycles could be more than 5 days total, as litter is intermittent and varies due to other factors. The days needed at any time may be altered at the discretion of the Contract Manager to achieve certain goals or focus on certain high litter areas.

Upon contract award and approval, the successful contractor will be notified as to when and which county to begin work, with a starting point and contact representative provided. It is estimated that the contract will begin on or about May 1st 2026 and will be on based on a minimum of 3 consecutive days per scheduled work. The contract will be written for the lowest successful bid amount, for a timeframe not to exceed 12 months in time. Work may be postponed due to inclement weather conditions.

WORKING HOURS/ WORKDAY

As directed by the Contract Manager: Working hours shall be 7:00 A.M. to 3:30 P.M. Monday through Friday with the exception of State Holidays. Work will not be permitted on Saturdays, Sundays or State Holidays without the written permission of the Contract Manager. The Contractor shall receive daily orders from the Contract Manager. Most, if not all, of the work shall be roadside litter pickup. At times, the Contract Manager may direct the Contractor to pick up litter at Administration facilities such as the Maintenance Shop, salt domes, etc. Litter Pickup Crew should report to the Shop promptly at 7:00 A.M., unless directed to do otherwise or report directly to the roadside by the Engineer.

A typical day will be as follows:

7am – Report to roadside/yard location as determined by the Contract Manager 10:00 – 15-minute bathroom break (at the closest proximity public rest room facility) 12:00 – Lunch ½ hour (at closest proximity facility) 12:30 – return to work location.

2:30 - 15-minute bathroom break (at the closet proximity public rest room facility) 3:00- Return to shop yard to dispose of trash/metal/tires, etc., Fill out paperwork, plan and ready for next day’s work.

3:30 end of workday

Excessive breaks or multiple breaks will not be permitted. If breaks are not coordinated by the contractor’s foreman as efficiently as possible.

EQUIPMENT

The Contractor shall make available all necessary equipment to perform litter pickup activities.

This shall include, but is not limited to:

A) Full Size Double Cab Pickup Truck with Standard Bed or SHA Approved Equivalent equipment - Capable of transporting all equipment and personnel to job site and hauling litter. Vehicle must have the amber 360 degree rotating safety light.

B) Safety equipment required by MOSH and OSHA for litter pick-up, including ANSII category III safety vests, gloves, medical kits, adequate drinking water for workforce, and all generally duty items for safety while performing the work.

C) Trash bags (minimum 35-gallon) and pickup devices for litter pick-up, buckets, etc.

D) Shovels and Brooms E) Cellphone with spare battery/charger for continuous access to communication F) Two 48” x 48” Roll Up signs and stands for litter operations (meeting MUTCD Standards).

SHA will provide all “Maintenance of Traffic” related items on this contract for work requiring a protection vehicle. This includes one protection vehicle (Attenuator truck) with SHA operator. Contractor shall work within the work zone provided by the SHA operator at all times. At times the protection vehicle/operator work may be provided by a separate contractor employed by SHA.

When work is performed on Roads where a protection vehicle is not required, the contractor shall furnish and utilize two 48” x 48” rollup signs for litter removal operations. The contractor shall have these two signs available for the duration of this contract.

BASIS OF PAYMENT

The item "Litter Pickup Crew" will be paid for at the contract unit price per 8 hour working day. This 8-hour working day shall consist of the following activities:

A) Travel time from the initial SHA reporting site to other SHA reporting site (no time shall be counted while mobilizing to the original SHA worksite for the day) B) Time spent picking up litter.

C) Time spent placing litter in roll-off dumpster provided by the Administration at the end of the day or during the day. (The timing of dumpster runs shall be prudent and take efficiency of the operation into consideration) D) Time spent making minor equipment adjustments.

E) NOT included in this 8-hour working day is the time spent making major repairs (any repair requiring 1 hour or more), nor time spent on routine equipment maintenance.

F) NOT included in this 8-hour working day are times when crew cannot work due to inclement weather, i.e. rain, high winds, etc.

G) NOT included in the 8-hour workday is a lunch break not to exceed ½ an hour.

The item “Litter Pickup Crew” shall be full compensation for all incidentals necessary to complete the work in this Contract in picking up litter. Work shall be a minimum of three (3) workdays or until all work items assigned by the representative are completed.

The Contractor shall have the following labor available for completion of this work and include the following in the price bid for "Litter Pickup Crew.”

Required Labor – A minimum of four (4) laborers are required for litter pickup at all times and will consist of one (1) foreman and three (3) crew members. If the contractor is only able to furnish a 3- person crew due to illness or staff shortages, only 75% (.75) of the daily rate will be paid. Any crew less than a 3-person crew will not be allowed.

If the Contractor begins scheduled work and the Contract Manager cancels it because of weather conditions, the Contractor will be paid a minimum of 4 hours for the Litter Pickup Crew. Partial days where 4-hour minimums are paid, contractor shall be paid at ½ the full daily rate. If the Contract Manager cancels work, due to weather conditions, at least 2 hours before the work begins, no “show up” time will be paid. If less than 2 hours of notice are provided prior to the normal start time 1/2 of the daily rate will be paid.

There will not be a guarantee of 8 hours per day.

GENERAL NOTES

All work on this Contract shall be done in accordance with the following conditions and/or requirements:

1. All safety equipment required by MOSH for roadside litter pickup shall be used.

2. The Contract Manager will be the sole judge as to whether trash pick-up is performed satisfactorily.

3. The Contractor shall provide wireless communication to their crew for communication between the Contract Manager and the Foreman. The costs for the wireless communication will NOT be a separate pay item but is incidental to the “Litter Pickup Crew” item.

4. The Contractor shall notify the Contract Manager, within 24 hours of any damages caused by the operation to private or State property. The Contractor shall have a minimum insurance coverage in the amounts specified elsewhere in the Contract documents. The Administration reserves the right to deduct from money due to the Contractor, any cost incurred for the repair and/or replacement of Administration property damaged by the Contractor

5. If, in the opinion of the Contract Manager, any of the Contractors personnel appears unable to work or does not perform their work satisfactorily that individual shall be removed from the work site by the Contractor.

6. If the Contractor does not provide all the equipment and labor for the scheduled work each day, the Contract Manager may, at his discretion, cancel work that day without payment to contractor. In this instance the 4 hour “show up” time will not be paid.

QUALIFICATION OF CONTRACTORS

Contractors submitting bids shall certify to the Administration that they possess all necessary equipment, facilities, personnel and work experience to fulfill the terms of the Contract at the time of bid submission, or that they shall have the necessary equipment and personnel and be ready to proceed on the date of "Notice to Proceed".

SITE INVESTIGATION

By submitting a bid, the vendor acknowledges that he has investigated and satisfied himself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, or other environmental factors that may impact the work to be performed. Any failure by the contractor to acquaint himself with the available information will not relieve him of responsibility for estimating properly the cost of successfully performing the work. The SHA shall not be responsible for any conclusions or interpretations made by the contractor of the information made available by the SHA.

Invoice Example:

· ICRewnvoicing shall be inclusive of all details of work completed.

· vendor has the option to bill monthly or biweekly only.

· Invoice shall reference the Contract/BPO # DO43227SB

· each date worked with description of service, subtotal of daily costs, with county listed

· For example:

· 06/21/2023 Dorchester County Litter Pickup 1 Crew Day $800.00

· 06/22/2023 Dorchester County Litter Pickup 1 Crew Day $800.00

· 06/23/2023 Dorchester County Litter Pickup 1 Crew Day $800.00

· 06/24/2023 Dorchester County Litter Pickup .75 Crew Day $600.00

· Invoice terms shall be net 30 days upon receipt of completed invoice.

· Invoices shall clearly list the quantity, unit of measure, date of service, descriptions, price, and invoiced amount for cycle.

· Invoices held for verification, missing information, or returned for corrective re-submittal shall not be subject to late fees.

· Invoice for service shall be submitted within 30 calendar days from end of the prior month.

· Invoice must contain the complete company name, address, telephone number, contact person, F.E.I.N. (Federal Employment Identification Number), and SHA contract number for this contract and a unique invoice number. Failure to do so may result in delay of payment.

· Invoices under $5,000 may be charged to the State Corporate Purchasing Card if the vendor accepts VISA.

Invoices shall be sent to the following address:

State Highway Administration Attn: Office Manager 2954 Old Route 50 Cambridge, MD 21613

OR electronically to: D1CambridgeInvoices@mdot.maryland.gov

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. Bill To: State Highway Administration, Cambridge Shop, 2954 Old Rt 50, Cambridge MD 21613 B. Contractor name and address;

C. Remittance address;

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

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

F. Invoice date;

G. Invoice number;

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

I. Goods or services provided; including reference to line items of the contract 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:

For items of work for which there is daily rate pricing (see Attachment B –The Price Form), those items shall be billed no more than twice a month following the acceptance of the work by the State (for the previous month or two-week period).

Travel Reimbursement Travel will not be reimbursed under this IFB.

Liquidated Damages MBE Liquidated Damages Inapplicable because there is no MBE goal for this IFB.

Liquidated Damages other than MBE Liquidated damages other than MBE are identified in Exhibit 2 – Sample Contract.

This section is inapplicable to this IFB.

Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

Payments by Electronic Funds Transfer

THIS SECTION IS 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 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.”

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 - 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.

1. 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 the 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 THIS 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.

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 to contain 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 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.

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 E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments F 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.

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

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-I.-Conflict-of-Interest-Affidavit.pdf Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

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

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.

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 the Administration following any approvals of the Contract required by law or regulation.

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.

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.

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

Exhibits (Table D)

TABLE D - Exhibits

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