DOGATE30SB - IFB.docx

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DOGATE30SB- Sliding Entry Gate Repair and Maintenance
Solicitation number
BPM057632
Issued by
Maryland

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This Invitation for Bids (IFB) DOGATE30SB is issued by the Maryland State Highway Administration (SHA) to procure preventative maintenance, inspection, testing, troubleshooting, and repair services for automated gate systems located at the Cambridge Maintenance Shop in Dorchester County, Maryland. The contractor will be responsible for maintaining four LiftMaster slide gate operators (Models SL595 and SL585) and associated equipment including infrared photo cells, reflective photo sensors, vehicle loop detectors, and electrical control systems. The scope includes quarterly preventative maintenance inspections, emergency repair services with a four-hour response time, and replacement parts as needed. Bid line items include 12 quarterly preventative maintenance inspections per year, 60 estimated repair labor hours, 6 trip fees for repairs, and parts and materials estimated at $3,000. Questions must be submitted by July 2, 2026 at 12:00 PM, with bids due July 8, 2026 at 2:30 PM at 2954 Old Route 50, Cambridge, MD 21613. No pre-bid conference or scheduled site visit is required. The contract has a 36-month base period with no option periods and terminates at whichever occurs first: the end of 36 months or when the contract monetary value reaches $50,000.

This procurement is designated as a Small Business Reserve, limiting award eligibility to vendors certified by the Governor's Office of Small, Minority & Women Business Affairs. There are no established MBE, DBE, or VSBE subcontracting goals. Pricing is structured as fixed price for preventative maintenance services billed quarterly and time-and-materials for repairs, with emergency callouts outside normal working hours (7:00 AM to 3:30 PM, Monday-Friday) paid at 150 percent of the normal labor rate. All repair estimates exceeding $1,000 require engineer approval, and repairs exceeding this threshold may be procured outside the contract at SHA's discretion. Contractors must provide all labor, equipment, vehicles, diagnostic tools, safety equipment, and specialized tools; subcontracting of work is prohibited. Insurance requirements include $1,000,000 commercial general liability coverage, workers' compensation as required by state law, and automobile insurance meeting Maryland standards. The contract contains no federal funding. The recommended awardee must submit certificates of insurance, a completed Contract Affidavit, and a signed contract within ten business days of award notification.

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Cambridge Maintenance Shop IN DORCHESTER COUNTY Solicitation #: DOGATE30SB IFB Document

STATE OF MARYLAND

MARYLAND STATE HIGHWAY ADMINISTRATION

(SHA)

INVITATION FOR BIDS (IFB)

Cambridge Maintenance Shop Gate Preventative Maintenance and Repair Services in Dorchester County

IFB NUMBER DOGATE30SB

ISSUE DATE: 06/17/2026

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small 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)

Invitation for Bids
Maintenance- Cambridge Maintenance Shop Gate Preventative Maintenance and Repair Services in Dorchester County
Solicitation Number:
DOGATE30SB
IFB Issue Date:
06/17/2026
IFB Issuing Office:
Maryland State Highway Administration (SHA or the "Administration")
Procurement Officer:
Asbury Jones

2954 Old Route 50, Cambridge MD 21613

Email:

Phone Number:

ajones@mdot.maryland.gov 410-228-4977

Bids are to be sent to:
Submit on emma.maryland.gov under Solicitation Number DOGATE30SB

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

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:
Not Applicable to this IFB
Scheduled Site Visit
Not Applicable to this IFB
Questions Due Date and Time:
07/02/2026 12:00 PM Local Time
Bid Due (Closing) Date and Time:
07/08/2026 2:30 PM Local Time

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
07/08/2025 2:30 PM Local Time

2954 Old Route 50, Cambridge MD 21613

MBE [[OR]] DBE Subcontracting Goal:
An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of __0___ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

_____% for African-American MBEs;

_____% for Asian-American MBEs;

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

Not Applicable to this IFB Refer to Exhibit 1 for information on how goal setting was determined. Also, refer to Appendix 4 for information about the MBE or DBE program and goals.

VSBE Subcontracting Goal:
This solicitation includes a VSBE participation Goal of _0___%

Not Applicable to this IFB Refer to Exhibit 1 for information on how goal setting was determined. Also, refer to Appendix 5 for information about the VSBE program and goals.

Procurement Method:
A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.
Multiple or Alternate Bids:
Multiple or alternate Bids will not be accepted.
Contract Type:
Fixed Price with Time and Materials for Repairs
Contract Duration:
Thirty-six (36) month base period with No option periods.
Primary Place of Performance:
Cambridge Maintenance Shop in Dorchester County Maryland
SBR Designation:
Yes
Federal Funding:
No

Table of Contents - IFB

1Minimum Qualifications8
1.1Bidder Minimum Qualifications8
2Contractor Requirements: Scope of Work9
2.1Summary Statement9
2.2Background and Purpose9
2.2.1Provide timely emergency response services State Staff and Roles10
2.2.2Other State Responsibilities10
2.3Contractor Responsibilities and Tasks10
2.4Supplemental Category of Work Requirements and Responsibilities17
3Standard Terms and Conditions18
3.1Contract Initiation Requirements18
3.2End of Contract Transition18
3.3Invoicing18
3.3.1Invoice Submission Schedule19
3.3.2Travel Reimbursement19
3.4Liquidated Damages19
3.4.1MBE Liquidated Damages19
3.4.2Liquidated Damages other than MBE19
3.4.3Problem Escalation Procedure19
3.5Work Orders19
3.6Payments by Electronic Funds Transfer20
3.7Prompt Payment Policy20
3.8Federal Funding Acknowledgement20
3.9Conflict of Interest Affidavit and Disclosure20
3.10Non-Disclosure Agreement20
3.10.1Non-Disclosure Agreement (Bidder/Offeror)20
3.10.2Non-Disclosure Agreement (Contractor)20
3.11Maryland Healthy Working Families Act Requirements21
3.12The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)21
3.13Insurance Requirements21
3.14eMaryland Marketplace Advantage (eMMA)23
3.15Electronic Means23
3.16Pre-Bid Conference23
3.17Questions24
3.18Bid Due (Closing) Date and Time24
3.19Receipt, Opening and Recording of Bids24
3.20Duration of Bids24
3.21Revisions to the IFB25
3.22Cancellations25
3.23Incurred Expenses25
3.24Protest/Disputes25
3.25Bidder Responsibilities25
3.26Acceptance of Terms and Conditions26
3.27Compliance with Laws/Arrearages26
3.28Verification of Registration and Tax Payment26
3.29False Statements27
3.30Confidentiality of Bids / Public Information Act Notice27
3.31Use of Bidder’s Form Not Binding on State27
3.32Attachments and Documents Required with the Bid (Table A)27
3.33Bid Delivery Instructions29
3.34Bid Evaluation Criteria and Award Basis29
3.35Tie Bids29
3.36Reciprocal Preference29
3.37Documents Required upon Notice of Recommendation for Contract Award (Table B)30
4IFB Appendices and Exhibits32
4.1Appendices (Table C)32
4.2Exhibits (Table D)33

Minimum Qualifications Bidder Minimum Qualifications

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

A. The Bidder shall have a minimum of five (5) years of experience providing inspection, testing, maintenance, troubleshooting, and repair services for commercial gate operators, sliding entry gates and similar systems.

B. The Bidder shall employ technicians qualified to service and repair gate systems, gate operators, entry and exit gate systems, gate operators, vehicle detection loops, safety photo-eyes, keypads, associated electrical and control systems.

C. The Bidder shall be licensed and authorized to perform maintenance and repair services in the State of Maryland and shall comply with all applicable federal, state, and local regulations.

D. The Bidder shall have their own employee labor, equipment, vehicles, etc. to perform the work and not sub-contract the work 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 preventative maintenance, inspection, testing, troubleshooting, repair services, replacement parts, and corrective maintenance for automated gate systems located at the Cambridge Maintenance Shop.

It is the State’s intention to obtain these 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 MDOT SHA requires preventative maintenance, inspection, troubleshooting, repair, and replacement services for gate systems located at the Cambridge Maintenance Shop, 2954 Old Route 50, Cambridge, MD 21613.

Cambridge Maintenance Office Complex 2954 Old Route 50 Cambridge, MD 21613 Gate System Description:

• Gate A – LiftMaster SL595 Slide Gate Operator

• Gate B – LiftMaster SL595 Slide Gate Operator

• Gate D – LiftMaster SL585 Slide Gate Operator

• Gate E – LiftMaster SL595 Slide Gate Operator

Associated Equipment:

• Infrared Photo Cells

• Reflective Photo Sensors

• EMX Industries LP D‑Tek Vehicle Loop Detectors

• Gate controls

• Safety devices

• Electrical controls and wiring

The purpose of this Contract is to maintain all gate systems and associated equipment in a safe, secure, reliable, and operable condition in accordance with manufacturer specifications, OSHA requirements, NEC requirements, applicable laws, and industry best practices.

• Manufacturer specifications and recommended maintenance practices;

• Occupational Safety and Health Administration (OSHA) requirements;

• National Electrical Code (NEC) requirements;

• Applicable federal, state, and local regulations;

• Industry accepted standards and best practices.

2.2.1 Project Goals

The goals of this Contract are to:

• Maintain safe and reliable operation of all gate systems and operators;

• Minimize equipment downtime and service interruptions;

• Extend the service life of gates, operators, doors, and associated equipment;

• Identify and correct potential equipment failures before they result in operational disruptions;

• Provide timely emergency response and repair services;

• Maintain secure access to MDOT SHA facilities;

• Ensure all equipment remains in proper working condition through preventative maintenance and inspections.

Provide timely emergency response services State Staff and Roles The engineer will assign State staff to monitor and inspect the work on a daily basis.

Other State Responsibilities A. The State shall provide reasonable access to all gate equipment and associated areas.

B. The State will contact the awarded bidder and provide a schedule to perform the work.

C. The State shall approve all repairs prior to work authorization Contractor Responsibilities and Tasks All work performed under this Contract shall conform to the Maryland Department of Transportation State Highway Administration's Standard Specifications for Construction and Materials, latest edition and revisions thereto, applicable manufacturer specifications, applicable OSHA requirements, National Electrical Code (NEC) requirements, and the Special Provisions contained within this Invitation for Bids.

The Contractor shall furnish all labor, supervision, materials, transportation, tools, testing equipment, vehicles, permits, licenses, safety equipment, and incidentals necessary to perform preventative maintenance, inspections, troubleshooting, testing, repairs, and replacement of components associated with entry gates, exit gates, gate operators, vehicle detection loops, photo-eyes, keypads, gate systems and associated electrical and control equipment.

The Contractor shall be responsible for maintaining all covered equipment in a safe, secure, and operable condition throughout the duration of the Contract.

The Contractor shall provide quarterly preventative maintenance inspections and shall identify, document, and report any deficiencies, safety concerns, or recommended repairs to the Engineer or designated SHA representative.

The Contractor shall respond to emergency service calls within four (4) hours of notification by SHA personnel.

The Contractor shall coordinate all work with the Engineer or designated SHA representative to minimize disruption to facility operations and maintain continuous site security whenever possible.

In case of discrepancy between the Special Provisions and all other provisions contained in the Contract, the Engineer shall be the sole authority as to the proper procedure to follow.

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.

TERM OF CONTRACT

The contract with the successful bidder will be written not to exceed thirty-six (36) months or the low bid amount that is under $50,000.00, whichever occurs first. No work will be allowed under this contract if the monetary value or timeframe written in the contract is reached. No time or monetary extensions will be granted.

The Contractor shall provide all labor, supervision, materials, transportation, tools, testing equipment, permits, licenses, insurance, incidentals, and all other items necessary to perform preventative maintenance, inspections, testing, troubleshooting, emergency response, repairs, and replacement of components associated with gate systems, gate operators, access control systems, vehicle detection loops, safety devices, gate systems, gate operators, and related electrical and control equipment located at:

• SHA Cambridge Maintenance Shop 2954 Old Route 50 Cambridge, MD 21613

WORK SCHEDULING

The Contractor shall begin all labor, supervision, materials, transportation, tools, testing equipment, permits, and incidentals necessary to perform preventative maintenance, inspections, testing, emergency response, troubleshooting, and minor repairs within seven (7) calendar days after notification by the Engineer and shall continue operations until completion of all assigned work.

Quarterly preventative maintenance inspections shall be performed at intervals not to exceed three (3) months.

Bids shall include a preventative maintenance program for all covered gate systems, gate operators, and associated electrical and control equipment located at the Cambridge Maintenance Shop.

The Contractor shall follow all manufacturers' recommended maintenance procedures and accepted industry standards for the inspection, testing, maintenance, and repair of gate systems.

Included within the preventative maintenance fee shall be all labor, supervision, transportation, travel, lubricants, cleaning materials, testing equipment, administrative costs, permits, fees, and incidental costs necessary to maintain the covered equipment in proper operating condition.

The Contractor shall maintain a service log for each preventative maintenance visit and repair call. Service logs shall be signed and dated by the technician and shall document all inspections, testing, maintenance activities, repairs performed, deficiencies identified, and recommendations for corrective action.

The Contractor shall immediately notify the Engineer or designated SHA representative of any unsafe condition, equipment failure, security concern, or operational deficiency discovered during inspection, maintenance, or repair activities.

Upon written notification from the Contractor, SHA may elect to procure repairs either through this Contract or by other means. The Contractor shall not be held responsible for subsequent damage caused by defective equipment identified and reported to SHA until such repairs have been authorized and completed.

WORKING HOURS

Working hours shall be 7:00 A.M. to 3:30 P.M. Monday through Friday, with the exception of legal holidays, and emergencies. High volume roadways may require work hour restrictions.

Work will not be permitted on Saturdays, Sundays, legal holidays, and the days immediately preceding and following legal holidays without written permission of the Engineer. Daily working hours may be increased if mutually agreed upon by the Contractor and the Engineer.

EMERGENCY CALL OUTS

Emergency call outs outside the normal workday (M-F) will be paid at a rate not to exceed 150% of the normal labor rate bid.

LABOR ( For Repair Only)

The Contractor shall provide all qualified labor necessary to perform repair services and replacement of components associated with automated gate systems and access control equipment.

Vendor technicians or management assigned to work under this Contract shall possess a minimum of five (5) years of experience servicing automated gate systems, LiftMaster gate operators, vehicle loop detection systems, safety devices, and associated electrical controls.

All work shall be performed in accordance with manufacturer specifications and applicable federal, State, and local requirements.

All repair labor shall include only actual time spent on-site performing repair work. Travel time, mobilization, overhead, and incidental expenses shall be included in the trip fee.

The Contractor shall submit a written “Not to Exceed” estimate for all repairs and receive approval from the Engineer prior to proceeding with repair work.

Any repair exceeding $1,000 may be procured outside of this contract at SHA’s sole discretion.

All overtime labor shall be paid at the approved overtime rate only when authorized by the Engineer.

GENERAL ISSUES

1. All work shall comply with applicable manufacturer specifications, OSHA requirements, National Electrical Code (NEC) requirements, and all applicable federal, state, and local laws and regulations.

2. Included in the preventative maintenance fee shall be all costs necessary to inspect, maintain, test, adjust, lubricate, and keep all covered equipment in proper operating condition. All covered equipment includes four gates, four operators and associated controls.

3. Copies of all inspection reports, service reports, and repair documentation shall be submitted with each invoice or left with SHA managment.

4. Quantities are estimated for bid evaluation purposes only and do not guarantee minimum or maximum work quantities.

5. Vendors shall be eligible to conduct business in the State of Maryland.

6. In the event work performance is determined to be unsatisfactory, the Contractor shall be notified by the Contract Manager and shall have seven (7) calendar days to correct deficiencies at no additional cost to SHA.

HIGH-VOLTAGE LINE CERTIFICATION REQUIREMENTS

Contractor shall follow all regulations stated in ANSI Code Z133.1-2006 4.1.1., which states that “All overhead and underground electrical conductors and all communication wires and cables shall be considered energized with potentially fatal voltages.” This includes telephone and CATV. Under the standard (4.2.3.), only persons with certain qualifications and equipment are allowed within 10 feet of any such line. It further stipulates (4.2.4.) that a second qualified person must be within visual or voice communication of the worker aloft when within 10’ of any energized electrical conductor in excess of 750 volts and during certain other situations. Contractor crew must meet these regulations at all times.

EQUIPMENT

The Contractor shall provide all necessary equipment including:

• Diagnostic equipment;

• Electrical testing equipment;

• Safety equipment and personal protective equipment (PPE);

• Hand tools;

• Communication equipment;

• Ladders and access equipment;

• Gate operator diagnostic and programming equipment;

• Vehicles required for transportation of personnel, tools, and materials;

• Any specialized tools required by equipment manufacturers.

All equipment utilized under this Contract shall be maintained in safe operating condition and shall comply with applicable OSHA requirements and industry safety standards.

PERSONNEL

The Contractor shall provide sufficient qualified personnel necessary to perform all required gate maintenance and repair activities.

Personnel shall include properly trained and certified gate mechanics, inspectors, and technicians capable of performing all work required under this contract.

The Contractor shall designate a competent supervisor or project manager capable of communicating in English and thoroughly understanding the contract documents.

The Contract Manager for this contract shall be Mr. Asbury Jones or authorized representative.

BASIS OF PAYMENT

Preventative maintenance services shall be paid at the contract unit price per service, per quarter, and shall include full compensation for:

· Routine inspections

· Preventative maintenance

· Cleaning

· Lubrication

· Adjustments

· Required testing

· Transportation

· Labor

· Tools

· Supplies

· Incidentals

· Administrative costs Bid Lines:

BID LINES

Line-Item No. 1 Description:

Gate Systems Preventative Maintenance Unit:

Each Inspection Estimated Quantity:

Description:

Quarterly preventative maintenance inspections of all entry gates, exit gates, gate operators, vehicle detection loops, photo-eyes and keypads located at the Cambridge Maintenance Shop.

Line-Item No. 2 Description:

All Repair Labor (Straight Time) Unit:

Hour Estimated Quantity:

Line-Item No. 3 Description:

Trip Fee/Charge for Repair Unit:

Each Estimated Quantity:

Line-Item No. 4 Description:

Repair Parts and Materials Estimate (MSRP) Unit:

Each Estimated Quantity:

Estimated Amount:

$3,000.00 Description:

Parts and materials shall only be furnished upon approval of the Engineer. Reimbursement shall be based upon actual documented cost.

The Repair Parts and materials (MSRP) shall not be altered by the bidder and shall be included in the Total Bid Amount as specified in the bid form.

Supplemental Category of Work Requirements and Responsibilities Not applicable Standard Terms and Conditions Contract Initiation Requirements Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

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

Invoicing Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

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

I. Goods or services provided; referencing the contract line item.

J. Amount due; and K. Any additional documentation required by regulation or the Contract.

Maryland State Highway Administration Cambridge Maintenance Shop 2954 Old US 50 Cambridge, MD 21613 Attention: Office Manager Email @ D1CambridgeInvoices@mdot.maryland.gov If the vendor accepts VISA, SHA may elect to pay for services using the State Corporate Purchasing Card for any repair or service costing $5,000 or less.

Invoices that contain both fixed price and labor hour or time and material items shall clearly identify each item as either fixed price, and labor hour, or time and material billing.

The State reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

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

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the Contract. In no event shall any invoice be submitted later than 60 calendar days from the Contract termination date.

Invoice Submission Schedule The Contractor shall submit invoices in accordance with the following schedule:

A. For items of work for which there is one-time pricing (see Attachment B –The Price Form), those items shall be billed in the month following the acceptance of the work by the State.

Travel Reimbursement Travel will not be reimbursed under this IFB.

Liquidated Damages MBE Liquidated Damages MBE liquidated damages are identified in Exhibit 2 - Sample Contract.

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.

Problem Escalation Procedure Not Applicable 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.

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 20 days prior to the expiration of the insurance policy then in effect.

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

The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

Subcontractor Insurance The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the Contract Monitor with the same documentation as is required of the Contractor.

Bid Submission Information and Instructions eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (Conference)summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

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

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

A. Submission of Bond documents determined by the State to require original signatures; or B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

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

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

Pre-Bid Conference If a Conference will be held, the date, time, and location is indicated on the Key Information Summary Sheet. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order to assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable effort will be made to provide such special accommodation.

If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

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

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

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

Bid Due (Closing) Date and Time Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR 21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

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

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

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

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

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

Duration of Bids Bids submitted in response to this IFB are irrevocable for the latest of the following: 90 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

Revisions to the IFB All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

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

Cancellations This IFB may be cancelled as provided in COMAR 21.06.02.02 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with COMAR 21.01.03.01.A(4).

If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

Incurred Expenses The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

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

Bidder Responsibilities A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix or Appendices to this IFB (see “Appendix 4 - MBE Participation Goal” and “Appendix 5 - VSBE Participation Goal”).

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

Attachment
Attachment Name
A
Not Applicable
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.)

C
Not Applicable
D
Not Applicable
E
Not Applicable
F
Bidder Information Sheet

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

G
Bid/Proposal Affidavit

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

H
Not Applicable
I
Not Applicable
J
Not Applicable
K
Not Applicable
L
Reference Checks

(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

M
Not Applicable
N
Not Applicable
O
Not Applicable
P
Not Applicable
Q
Not Applicable
R
Not Applicable

Bid Delivery Instructions Each Bidder shall submit its Bid Package as specified below.

Bids shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

Bidders shall provide their Bids in one submission through eMMA following the Quick Reference Guides (QRG) labeled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

Bid Evaluation Criteria and Award Basis The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.02.13. All Bids will be ranked from the lowest (most favorable) to the highest (least favorable) price based on the Total Bid Price as submitted in its Bid.

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

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

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

A. The Maryland resident business is a responsible Bidder;

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

C. The other state gives a preference to its resident businesses through law, policy, or practice; and D. The preference does not conflict with a federal law or grant affecting the procurement Contract.

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

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
D
N/A
E
N/A
S
N/A
T
N/A
U
Contract Affidavit

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

V
N/A
W
N/A
X
N/A
Y
N/A

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IFB Appendices and Exhibits The Appendices and Exhibits listed below in Tables C and D are reference…

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