DVMF-CEM-CH25-TREE.pdf

DEPARTMENT OF VETERANS & MILITARY FAMILIES

SMALL PROCUREMENT SOLICITATION

KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Department of Veterans & Military Families

Tree Removal Service Cheltenham State Veterans Cemetery

Solicitation Number: DVMF-CEM-CH25-TREE

Solicitation Issue Date: February 26, 2025

Issuing Office: Department of Veterans & Military Families 16 Francis Street, 4th Floor Annapolis, MD 21401 Phone: (410) 260-3838 Fax: (410) 216-7928

Procurement Officer: Tom Johnson Department of Veterans & Military Families 16 Francis Street, 4th Floor Annapolis, MD 21401 Phone: (410) 260-3835 E-mail: tom.johnson@maryland.gov

Contract Monitor: Dimitra Johnson, Superintendent Department of Veterans & Military Families Cheltenham State Veterans Cemetery 11301 Crain Highway Cheltenham, Maryland 20623 Phone: (301) 372-6398 E-mail: dimitra.johnson@maryland.gov

Pre-Bid Conference: N/A Site Visit: Vendors may visit Cemetery Grounds during Cemetery hours of operation to tour the grounds.

Questions Due By: March 11, 2025, no later than 12:00 noon, EDT Local Time

Closing Date and Time: March 24, 2025, no later than 12:00 noon, EDT Local Time

SBR Designation: Yes

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which 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.

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 6.1.4.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

I. SUMMARY STATEMENT

The State of Maryland and the Department of Veterans & Military Families (DVMF) are honored to offer our veterans and their eligible dependents a final resting place at one of five state veterans cemeteries located throughout Maryland. Cheltenham State Veterans Cemetery Cheltenham State Veterans Cemetery is located on U.S. Route 301, approximately 8 miles south of Upper Marlboro, Maryland. The site consists of 112-acres and was formerly used for agricultural purposes. Currently, the Cheltenham Veterans Cemetery is conducting more than 1,000 burials each year and is the final resting place for over 30,000 Maryland veterans and their eligible dependents.

The U.S. Department of Veterans Affairs’ (VA) operates 155 national cemeteries and 34 soldiers' lots and monument sites in 42 states and Puerto Rico. More than four (4) million Americans, including Veterans of every war and conflict, are buried in the VA's national cemeteries. The VA also provides funding to establish, expand, improve, and maintain 119 State Veterans cemeteries in 48 states and territories including tribal trust lands, Guam, and Saipan. The VA’s National Cemetery Administration (NCA) ensures that national cemeteries serve as dignified and respectful settings. Each Cemetery is to be an expression of appreciation and respect of a grateful nation for the service and sacrifice of her veterans. Furthermore, each National Cemetery is to be maintained as a National Shrine. A National Shrine is defined by the VA “as a place of honor, and memory that declares to the visitor or family member who views it that within its majestic setting, each and every veteran may find a sense of serenity, of historic sacrifice, and nobility of purpose.”

The Department of Veterans & Military Families is soliciting bids for a Licensed and Insured Tree Expert to cut down ten (10) trees of various shapes and sizes, and trim seven trees located within the grounds at Cheltenham State Veterans Cemetery.

II. PROCUREMENT METHOD/ CONTRACT TYPE / BASIS FOR AWARD

This solicitation shall be conducted in accordance with COMAR 21.05.07 – Small Procurement Regulations ($100,000 or Less).

The Contract resulting from this solicitation shall be a firm fixed price contract with firm fixed unit prices as defined in COMAR 21.06.03.02 (A)(1) and (2).

This Contract shall be awarded to the responsive and responsible bidder whose bid meets the requirements and evaluation criteria set forth in this Solicitation and is the most favorable bid price.

III. BIDDER MINIMUM QUALIFICATIONS:

3.1.1 Bidder Minimum Qualifications

To be considered reasonably susceptible of being selected for award, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

3.1.2 The Bidder shall have three (3) years of experience, under the Bidder’s current business name, and all necessary licensing and insurance to satisfactorily provide services as specified in the Scope of Work.

3.1.3 Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid:

a. Copies of all State of Maryland licenses and current insurance certificate required to perform the specified services.

b. Three (3) or more references, under the Bidder’s current business name, from the past three (3) years that collectively attest to the Bidder’s required years of experience providing satisfactory services including those services required in this Solicitation.

The Department reserves the right to request additional references or utilize references not provided by a Bidder. The Department reserves the right to review other publicly available sources to inform evaluation of Bidder meeting minimum qualifications.

IV. BIDDER RESPONSIBILITIES:

4.1.1 Bidders must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation.

4.1.2 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.

4.1.3 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.

V. PRE-BID SITE VISIT/ VENDOR QUESTIONS

A Pre-Bid/Site Visit will not be held. Vendors are encouraged to observe the property on their own during normal cemetery operation hours. Please notify the Cemetery Superintendent or designee upon arrival.

5.1.1 By submitting a bid, the Contractor acknowledges that he/she has investigated and satisfied him/herself 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, water, and electric power. Any failure by the contractor to acquaint him/herself with available information will not relieve the Contractor from responsibility for estimating properly the cost of successfully performing the work. The Department of Veterans & Military Families shall not be responsible for any conclusions or interpretations made by the contractor.

5.1.2 All questions pertaining to this solicitation shall be submitted to eMaryland Marketplace

Advantage (eMMA) under the Q & A tab 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.

5.1.3 Answers to all questions that are not specific only to the requestor will be distributed via the same mechanism as for 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 Agency unless it issues an amendment in writing.

VI. BID CONTENT/RESPONSE SUBMISSION PROCEDURE/DUE DATE AND TIME

6.1.1 Bids must be submitted via EMMA and received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered. Login: eMaryland Marketplace Advantage (eMMA).

6.1.2 Vendor shall submit a bid based on the description of the products or services requested in the specifications. Vendor shall state bid price on Attachment One and shall complete, sign, and submit the bid form (including references), along with applicable licenses, current insurance certificate (do not update the COI at this time), and Acknowledgements of Receipts of Addendum or Amendments to the Solicitation, if issued.

6.1.3 Vendors are responsible for ensuring that their bids are delivered via EMMA by the deadline for receipt of bids. Bids received by facsimile or email shall not be accepted. Bids received after the time and date set for receipt of bids are late. Late bids shall not be considered.

6.1.4 In order 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.

6.1.5 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. Please DO NOT send the entire Solicitation document as part of the bid response. Only submit what has been requested.

VII. BIDS – OPENING

Bids will be opened as soon as practicable after the deadline for receipt of bids. The bid tabulation is available in eMMA after the bid is opened.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

VIII. DURATION OF BID OFFER

Prices submitted in response to this solicitation are irrevocable for one hundred and twenty days (120) days following the due date. Once a bid is accepted, all prices, terms, and conditions shall remain unchanged throughout the contract period.

IX. TERMS AND CONDITIONS

A. The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

B. Termination for Non-appropriation. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

C. Maryland Law Prevails. The law of Maryland shall govern the interpretation and enforcement of this Contract.

D. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

E. Changes. This contract may be amended only with the written consent of both parties.

Amendments may not change significantly the scope of the Contract (including the Contract price).

F. Termination for Default. If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

G. Nondiscrimination. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

H. Anti-Bribery. The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

I. Termination for Convenience. The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

9.1 Acceptance of Terms and Conditions

By submitting a Bid in response to this Solicitation, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this Solicitation and the Contract attached hereto. Any exceptions to this Solicitation or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

X. SCOPE OF WORK

1. GENERAL INFORMATION:

The Department of Veterans & Military Families is accepting quotes for a State of Maryland Licensed Tree Expert to provide tree removal services, tree trimming, and stump grinding at the Cheltenham State Veterans Cemetery.

A. All work shall be completed without disturbing or damaging existing gravesites and must be completed in accordance with the following performance standards outlined in the American National Standards Institute (ANSI) Publications: ANSI A300: Tree Care Operations Pruning, Trimming, Repairing, Maintaining, Removing Trees, and Cutting Brush Safety Requirements (Part1) 2017 and the attached National Cemetery Administration National Shrine Commitment Operational Standards (see Attachment Four), and Federal, State, and Local requirements.

B. Tree removal shall be performed by a, State of Maryland, licensed and insured tree expert. All wood and debris are to be removed from Cemetery grounds and disposed of by Contractor.

C. Contractor entry to or use of any land or roadway other than that which is identified for access to the designated work site(s) or entry/exit roadway(s) is strictly prohibited.

D. Contractor shall be responsible for ensuring that all areas accessed to perform the required services are clean and presentable and are in good order and condition, equivalent to that which existed prior to the start of work.

E. The Contractor shall ensure that the haul route is clear/clean of debris on the day of service.

2. TREE REMOVAL:

A. The Contractor shall cut down and remove ten (10) trees of various shapes and sizes and debris for designated areas. Trees designated for removal shall be cut down under the instruction/guidance of the Contractor-provided Licensed Tree Expert/Site Manager. The trees (shall be cut ground to ground level and all wood and debris removed).

3. TREE TRIMMING & PRUNING:

B. The Contractor shall provide professional tree trimming and pruning services to ensure the health, safety, and aesthetic maintenance of seven (7) trees. Remove dead, diseased, or broken branches.

• Thin dense foliage to improve light penetration and air circulation.

• Shape trees to maintain their natural form and enhance aesthetics.

4. STUMP GRINDING:

A. The contractor shall remove ten (10) tree stumps.

• Use a professional-grade stump grinder to grind the stump below ground level to a minimum depth of 4 to 6 inches below the surface.

• Ensure all major visible roots are ground to a similar depth.

• The Contractor will be required to remove the stump grindings and fill the holes after the stumps are removed.

5. SAFETY:

A. The contractor is responsible for contacting Miss Utility to request their identification and marking of all public utility lines in areas designated for tree removal services. Tree removal services shall not proceed until Miss Utility representatives have marked the grounds, and identified areas where public utilities are present. Contractor shall ensure contractor staff abide by the markings and notifications provided by Miss Utility.

B. Work shall be conducted in such a manner to minimize the impact on Cemetery operations. At no time shall the Contractor’s trucks, staff, or operations interfere with interments, visitor access to, or work performed by Cemetery staff.

C. The Contractor shall protect from damage all existing improvements and utilities at or near the work location. The Contractor shall repair any damage to those facilities resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Cemetery Superintendent may have the necessary work performed and charge the cost to the Contractor.

D. The contractor shall coordinate with Cemetery personnel to ensure safe movement of equipment on Cemetery grounds so as not to injure self, Cemetery staff, or visitors to the Cemetery, or disturb surrounding gravesites, headstones, and grounds.

6. CONTRACTOR RESPONSIBILITIES:

The contractor shall be responsible for:

• Prior to commencement of work, Contractor shall work with the Cemetery Superintendent or designee to re-identify and mark the designated trees to be felled and removed. Contractor shall contact Miss Utility to ensure safe access to trees slated for removal.

• Supplying all supervision, labor, expertise, licensing, certification, personnel, fuel, equipment, tools, materials and supplies necessary to fell ten (10) trees, stump grinding, and trim seven (7) trees of various shapes and sizes located on the grounds of Cheltenham Veterans Cemetery. Contractor-furnished items necessary to perform work as required under this contract shall be consistent and fully compliant with all applicable OSHA, Federal, State, County, City laws, ordinances, and regulations.

• Performing the required services in accordance with COMAR 09.12.28 (Tree Care and Removal).

• Ensuring current certification and licensing to perform the services as stated in the Scope of Work.

• Performing all activities in a manner that shall not damage turf, flat granite markers, permanent in-ground flower vases, or other appurtenances on the property. The Contractor shall be responsible for repair, replacement, restoration, or reimbursement of damages to any Cemetery facility, cultivated area, headstones, fence, permanent in-ground flower vases, and appurtenances damaged by careless or accidental use of machinery, tools, or equipment used during the performance of these services.

• At the end of each day the Contractor shall remove all debris from the cemetery site resulting from the work performed. The Contractor shall ensure that rubbish and trash generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site. NOTE: The State will not provide receptacle(s) for disposal of debris related to this contract.

• Providing tree removal services in strict consideration of and conformance with information provided by Miss Utility in regard to public utility lines present in areas where tree removal services are to be provided.

XI. CONTRACTOR GENERAL REQUIREMENTS:

1. Prior to submission of any bid, the Contractor should thoroughly examine the specifications, site, and conditions under which work will be performed. The contractor may schedule a site visit during normal Cemetery hours of operation by contacting the Cemetery Superintendent.

2. The Contractor shall assume sole responsibility for the safety of all persons involved in the tree removal service, in accordance with applicable State of Maryland laws and regulations.

Contractor shall guard against all hazards in accordance with the safety provisions of the current (9th edition) Manual of Accident Prevention published by the Associated General

Contractors of America (AGC) and the Occupational Safety and Health Administration

(OSHA).

3. The Contractor shall guarantee that all work done under this contract will be free from faulty materials or workmanship and hereby agrees to repair or replace without cost to the DVMF and to the Cemetery Superintendent’s satisfaction all defects or imperfections appearing in said work within a period of six months after the date of final acceptance by the Cemetery Superintendent of all work performed under this contract.

4. Matters related to safety, and any actions of the Contractor and/or Contractor employees shall meet all Federal, State, and Local safety requirements. It is incumbent upon the Contractor to be familiar with and to implement these requirements.

5. Contractor shall ensure that all of his/her motor vehicles and equipment meet State inspection, safety, licensing, registration, and insurance requirements.

6. Contractor shall ensure that Contractor equipment and supplies (property) required to perform work under this contract shall not be stored on the cemetery premises. Contractor and/or Contractor staff’s personal property, equipment, or vehicles shall not be stored on the cemetery premises.

XII. OVERSIGHT AND ACCEPTANCE OF DELIVERABLES

All services under this Scope of Work shall be subject to the direction, acceptance and approval of the Cemetery’s Superintendent:

Name: Dimitra Johnson - Telephone Number: (301) 372-6398

XIII. HOURS WHEN WORK MAY BE PERFORMED

1. The hours of operation at the Cemetery are 8:00 a.m. to 5:00 p.m. Monday through Friday. Hours of operation for Saturday, Sunday and State holidays are 8:00 a.m. to 5:00 p.m. for visitation only.

2. The work shall be scheduled in advance by contacting the Cemetery Superintendent, (or designated staff), and shall be carried out in manner that does not disrupt funeral services conducted at the Cemetery.

3. To ensure continuity and pass-down of information, Contractor shall meet with the Cemetery Superintendent or designated Cemetery staff upon arrival to the Cemetery, prior to starting any scheduled work.

XIV. GENERAL CONDITIONS

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.

XV. PAYMENT

A. METHOD OF PAYMENT

1. At award and upon receipt of the fully executed Contract, DVMF shall issue a State of Maryland Purchase Order to the Contractor.

B. INVOICING

2. The Contractor shall submit a detailed invoice to the Cemetery Superintendent of services provided. Invoices shall be presented by the tenth (10th) day following the completion of services. Invoices shall contain the following information: Invoice number, Contract Name/Number and Purchase Order Number, Contractor’s name, mail address, email address, fax and telephone numbers, SERVICES PROVIDED, AND DATE(S) and Federal Tax Identification or Social Security number.

3. The Cemetery Superintendent shall review (and approve if applicable) the Invoice for accuracy and acceptance of stated work as complete, and fees charged, in compliance with Contracted rates.

4. The Cemetery Superintendent shall send the approved invoice to |accounts-payable.DVMF@maryland.gov.

5. Payments to the Contractor pursuant to this Contract shall be made no later than 30 days after the State's receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public utilities, as applicable, are prohibited.

Note: The Department of Veterans & Military Families is exempt from Maryland Sales and Use

Taxes.

C. REDUCTIONS FOR NON-PERFORMANCE OR FAILURE TO MEET

STANDARDS:

The following reductions shall be used in adjusting the Contractor’s invoice should the Contractor fail to perform any task required in these specifications or performs any task below the standards as required in these specifications.

a. First occurrence - written documentation notice from the Contract Monitor to the contractor.

b. Second occurrence - written documentation and deduction of 1/12th of invoice amount.

c. Third occurrence - written documentation and deduction of 1/6th of invoice amount.

d. Reductions for "below standards work” may be made if, after the second documented notification, the Contractor has not corrected the deficiency and State workers are assigned to perform the task. Reductions will be based on the hourly wage rate of the State employee assigned to perform the task times the hour/hours required for State workers to perform the task.

mailto:accounts-payable.mdva@maryland.gov

e. Reductions for non-performance may be made if the task was not done and State workers must be assigned immediately to perform the task. Reductions will be based on the hourly wage rate of the State employee assigned to perform the task times the hour/hours required for State workers to perform the task.

Disputes Arising From Reductions:

a. Should the Contractor dispute the validity of a reduction determination made by the Cemetery Superintendent, he may appeal the reduction to the Cemetery Superintendent within seven (7) calendar days of receiving notice of the reduction.

b. The Cemetery Superintendent will review the reduction and make a written determination as to its validity within seven (7) days of the receipt of the appeal from the Contractor.

c. Should the Contractor disagree with the decision of the Cemetery Superintendent, the Contractor may appeal the Cemetery Superintendent’s decision to the Director of the DVMF Cemetery and Memorial Program, Russel Ware, 1122 Sunrise Beach Road, Crownsville, Maryland 21032 within seven (7) calendar days of the receipt of the Manager's decision.

d. The Director shall review all documentation, evidence and arguments of the

Contractor and the Cemetery Superintendent and make a written determination as to the validity of the reduction within seven (7) days of receiving the appeal from the Contractor.

XVI. LIABILITY

Within forty-eight (48) hours of Contract Award, Contractor (and any Subcontractors) shall secure and keep in force until the expiration of this contract insurance as listed below.

Additionally, the Contractor shall add the State of Maryland, its officers, employees, and agents as an additional insured. The contractor shall provide prior (at least 30 days) written notice of cancellation, material changes, or non-renewal of coverage, issued to the Department of Veterans & Military Families.

Commercial General Liability:

Bodily Injury/Property Damage Each Occurrence Limit $ 1,000,000

Personal & Advertising Injury Limit $ 1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations Aggregate Limit $ 2,000,000 Fire Legal Liability $ 300,000

Medical Payments to Others $ 10,000

Workmen’s Compensation and Employers Liability Coverage (WC/EL) Section A: Statutory Benefits as required by the State of Maryland;

Section B: Employers Liability - $500,000 Each Accident, $500,000 Disease Policy Limit, $500,000 Disease –

Each Employee

Automobile Liability (AL) Combined Single Limit $1,000.000

Include Owned, Hired, and Non-owned Auto Liability Uninsured/Underinsured Motorist $1,000,000 Umbrella: $2,000,000

XVII. DURATION OF THE CONTRACT/PROJECT

The anticipated duration/term of the contract is six (6) months from the final date of Contract execution by DVMF.

XVIII. CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

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

2. 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.

3. Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under this Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

4. 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.”

XIX. SMALL BUSINESS RESERVE (SBR) PROCUREMENT

1. This is a Small Business Reserve Procurement for which 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 GOSBA Small Business Reserve Program are eligible for award of a contract.

2. For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria:

a) It is independently owned and operated;

b) It is not a subsidiary of another business;

c) It is not dominant in its field of operation; and

1) With respect to employees, in its most recently completed three (3) fiscal years:

a) Its wholesale operations did not employ more than 50 persons;

b) Its retail operations did not employ more than 25 persons;

c) Its manufacturing operations did not employ more than 100 persons;

d) Its service operations did not employ more than 100 persons;

e) Its construction operations did not employ more than 50 persons; and

f) The architectural and engineering services of the business did not employ more than 100 persons; or

2) With respect to gross sales, in its most recently completed three

(3) fiscal years:

a) The gross sales of its wholesale operations did not exceed an average of $4,000,000;

b) The gross sales of its retail operations did not exceed an average of $3,000,000;

c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000;

d) The gross sales of its service operations did not exceed an average of $10,000,000;

e) The gross sales of its construction operations did not exceed an average of $7,000,000; and

f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000.

g) Note: If a business has not existed for three (3) years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

h) Further information on the certification process is available at eMaryland Marketplace Advantage.

3. Ineligible Bids. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract.

4. 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 Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.

XX. ATTACHMENTS

• Attachment Number One: Contract Bid Form

• Attachment Number Two: References

• EXHIBIT 1: MBE, VSBE, and (if applicable) SBR Research Factors

• Attachment Number Three (Exhibit Two) - Department of Veterans & Military

Families Sample Small Procurement Contract (For Review Purposes Only-DO NOT Submit with your bid)

• Attachment Number Four: Cemetery Map

• Attachment Five: National Cemetery Administration’s National Shrine Commitment, Operational Standards and Measurement Manual.

• Attachment Number Six: Conflict of Interest Affidavit

XXI. ATTACHMENTS TO BE SUBMITTED WITH BID RESPONSE

A Bidder shall include the following Attachments with its Bid as a single Bid Package. Bid will be rejected if the required Attachment (s) are not submitted or is incomplete. Attachments are to be submitted in PDF format and legible:

A) Attachment Number One: Completed and Signed Contract Bid Form.

B) Contractor current Certificate of Insurance.

C) All Acknowledgements of Receipt (Signed) of Amendments/ or Addendum/Addenda issued during the solicitation process.

D) Any applicable State of Maryland licenses necessary to provide the services as stated in the Solicitation.

E) Three (3) or more references of Bidding Company’s previous work providing services of a similar nature to the specifications provided, within the last three (3) years.

F) (Signed) Conflict of Interest Affidavit .

ATTACHMENT ONE - CONTRACT BID FORM – (Pg. 1) DVMF-CEM-CH25-TREE CONTRACTOR INFORMATION: To be completed and signed by Contractor/Vendor.

Company Name:

Business Phone No.:

Federal ID No.:

Address:

Owner/Point of Contact:

Owner/Point of Contact Email

Owner/Point of Contact Phone No.:

Number of Years in Business under Present Name:

Other/Former Names under which your Organization has Operated:

Please PROVIDE responses to the following:

U.S. Dept. of Veterans Affairs Verified Veteran-Owned Small Business “VOSB” Yes__ No__ State of Maryland MBE Certified: Yes__ No__ If yes, MBE Number:____________________ State of Maryland Small Business Enterprise: Yes__ No__ If yes, SBE Number: ___________ State of Maryland Small Business Reserve: Yes__ No __ If yes, SBR Number:____________

CONTRACTOR BID PRICING: Quantities are for bid evaluation only, and are not meant to establish minimum, maximum, or exact quantities.

The Total bid price shall include the total fully loaded cost to provide goods and services as described in these specifications. The price shall cover the performance of all requirements.

The State reserves the right to cancel this Solicitation, or accept or reject all Bids, in whole or in part, received in response to this Solicitation. Do not alter this bid form or the bid may be determined to be not responsive.

CONTRACTOR BID:

Line One: Tree & Debris Removal: Unit Cost $ X (10) = Total Cost $

Line Two: Stump Grinding: Unit Cost $ X (10) = Total Cost $

Line Three: Tree Trimming & Pruning: Unit Cost $ X (7) = Total Cost $

Total Evaluated Price (CONTRACTOR TOTAL): Total Cost $

CONTRACTOR SIGNATURE: DATE:

ATTACHMENT TWO - REFERENCES: DVMF-CEM-CH25-TREE

CONTRACTOR REFERENCES: Please provide three (3) or more references for your previous work providing services of a similar nature to the specifications provided, within the last three (3) years.

#1. Company Name: Contact Person:

City:

State: Zip Code:

Phone No.:

Email Address for Contact Person:

Type of Contract: Check all boxes that apply

� Tree Removal.

� Stump Grinding.

� Tree Pruning � Other

Term of Contract: to Contract Value: $

Size (Sq. Footage) and Type of Facility:

Please describe in detail the services that were provided:

#2. Company Name: Contact Person:

Type of Contract: (Please Check Box)

#3. Company Name: Contact Person:

Type of Contract: (Please Check Box)

EXHIBIT 1: MBE, VSBE, and (if applicable) SBR Research Factors

Solicitation Title: DVMF-CEM-CH25-TREE– Small Procurement eMMA Solicitation No. BMP0

This exhibit serves as a summary of the factors the State used, in conjunction with guidance from the Governor’s Office of Small, Minority, and Women’s Business Affairs, to determine:

1. The expected degree of Minority Business Enterprise (MBE) participation for the procurement contract, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified MBEs in those industries;

2. The expected degree of Veteran-owned Small Business Enterprise (VSBE) participation for the procurement contract, including subcontracting opportunities identified for the project, any applicable United Nations Standard Products and Services Codes (UNSPSC) [identified in eMaryland Marketplace Advantage (eMMA) as Categories] linked to the subcontracting opportunities, and the number of certified VSBEs in those industries; and

3. If this procurement is for a Statewide Master Contract where secondary competition may occur, the expected degree of Small Business Reserve (SBR) participation for the secondary competition agreement (such as a task order agreement or purchase order agreement) to be designated as an SBR, including opportunities identified for the secondary competition agreement, any applicable UNSPSCs linked to the subcontracting opportunities, and the number of certified SBRs in those industries.

Disclaimer: This summary’s research results are not all inclusive and do not exclude any other subcontracting opportunities that the Bidder/Offeror may identify in preparing a Bid/Proposal to submit in response to the solicitation.

Exhibit 1 for Department of Veterans & Military Families Page 69 of 26

MBE Research by NAICS Code

NAICS Codes Description # MBEs in MDOT Directory

NA- Small Procurement

MBE Research by Keywords

Keywords # MBEs in MDOT

Exhibit 1 for Department of Veterans & Military Families Page 2 of 26

Exhibit 1 for Department of Veterans & Military Families

VSBE Research by UNSPSC/eMMA Category Code eMMA Category Codes

Description #VSBEs in eMMA Directory

NA- Small Procurement

NOTE: In this procurement, small businesses are strongly encouraged to submit a bid/proposal as a Prime Contractor to compete as an SBR at the secondary competition level. SBR certification is required to receive an SBR-designated secondary competition agreement award.

SBR Research by UNSPSC/eMMA Category Code eMMA Category Codes

Description # SBRs in eMMA

10152000 Tree and shrub seeds and cuttings 8

Exhibit 1 for Department of Veterans & Military Families Page 4 of 26

EXHIBIT NUMBER TWO DVMF-CEM-CH25-TREE

STATE OF MARYLAND

DEPARTMENT OF VETERANS & MILITARY FAMILIES

SMALL PROCUREMENT CONTRACT

THIS CONTRACT (the “Contract”), is made as of the day of 2025 by and between the STATE OF MARYLAND, acting through the DEPARTMENT OF VETERANS & MILITARY FAMILIES(“Department”), whose principal office is located at 16 Francis Street, Annapolis, Maryland, 21401 and , (“Contractor”) whose principal office is located at , together, hereinafter known as the “Parties.”

The Parties agree as follows:

1. Scope of Contract.

(a) The Contractor shall provide the following services:

Tree removal, stump grinding, and tree pruning service at Cheltenham State Veterans Cemetery, 11301 Crain Highway, Cheltenham, Maryland 20623. The Contractor shall fell ten (10) trees including stump grinding, trim seven (7) trees, and debris removal as specified in Exhibit A – Solicitation DVMF-CEM-CH25-TREE.

The Solicitation dated February 26, 2025, is attached and incorporated by reference as Exhibit A.

The Contractor’s bid or proposal dated is attached and incorporated by references as Exhibit B. If there is any conflict between this Contract and any exhibits incorporated by reference, the terms of this contract shall govern. If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision: Exhibit A – the Solicitation, and Exhibit B – the Contractor’s bid or proposal.

(b) Changes. This Contract may be amended only with the written consent of both parties.

Amendments may not change significantly the scope of the Contract (including the Contract price).

2. Term of Contract. The term of this Contract shall be for six (6) months, the period beginning at final date of Contract execution by DVMF.

3. Compensation and Method of Payment.

(a) Compensation. The total compensation for services to be rendered by the Contractor shall not exceed $ .

(b) Method of Payment. The Department shall pay the Contractor no later than thirty (30) days after the Department receives a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, State Finance and Procurement Article, Maryland Code, are prohibited.

(c) Tax Identification Number. The Contractor’s Federal Tax Identification Number is . Contractor’s Federal Tax Identification Number shall appear on all invoices submitted by the Contractor to the Department for payment.

(d) Invoicing. The Contractor shall submit a detailed invoice to the Cemetery Superintendent of services provided. Invoices shall be presented by the tenth (10th) day following the completion of services. Invoices shall contain the following information: Invoice number, Contract Name/Number and Purchase Order Number, Contractor’s name, mail address, email address, fax and telephone numbers, SERVICES PROVIDED, AND DATE(S) and Federal Tax Identification or Social Security number.

The Cemetery Superintendent shall review (and approve if applicable) the Invoice for accuracy and acceptance of stated work as complete, and fees charged, in compliance with Contracted rates.

The Cemetery Superintendent shall send the approved invoice to |accounts-payable.DVMF@maryland.gov..

4. Procurement Officer. The Department designates Tom Johnson to serve as Procurement Officer for this Contract. All contact between the Department and the Contractor regarding all matters relative to this Contract shall be coordinated through the Procurement Officer.

5. The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

6. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR

21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

7. Termination for Convenience. The State may terminate this Contract, in whole or in part, without showing cause upon prior written notification to the Contractor specifying the extent and the effective date of the termination. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12(A)(2).

8. Termination for Default. If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the Department may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

9. Termination for Non-appropriation. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

10. Non-Discrimination in Employment. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law, including, but not limited to, the employment provisions of §13-219 of the State Finance and Procurement Article, Maryland Code and Code of Maryland Regulations 21.07.01.08, and the commercial nondiscrimination provisions of Title 19, Subtitle 1, State Finance and Procurement Article, Maryland Code.

11. Maryland Law Prevails. The laws of Maryland shall govern the interpretation and enforcement of this Contract. The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract or any software license acquired hereunder.

12. Anti-Bribery. The Contractor certifies that, to the Contractor’s best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, partners, or controlling stockholders; nor any employee of the Contractor who is directly involved in the business’s contracting activities, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

IN WITNESS THEREOF, the Parties have executed this Contract as of the date herein set forth below.

CONTRACTOR STATE OF MARYLAND DEPARTMENT OF

VETERANS & MILITARY FAMILIES

DO NOT SIGN AT THIS TIME

By: By:

DO NOT SIGN AT THIS TIME

(Printed Name and Title) (Printed Name and Title)

Date Date

TREE LOCATIONS (RED=CUT/STUMP REMOVAL, WHITE = PRUNING)