HGWHDTOW28 Invitation for Bid (IFB).pdf

Washington County Winter Heavy Duty Towing Solicitation #: HGWHDTOW28 IFB Document

IFB for Maryland State Highway Administration Page 1 of 18

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

SHA

INVITATION FOR BIDS (IFB)

WASHINGTON COUNTY WINTER HEAVY DUTY TOWING

IFB NUMBER HGWHDTOW28

ISSUE DATE: NOVEMBER 6, 2025

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/

CERTIFIED SMALL BUSINESSES AND MINORITY BUSINESS ENTERPRISES ARE

ENCOURAGED TO RESPOND TO THIS SOLICITATION.

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

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Maintenance Contract - Washington County Winter Heavy Duty Towing

Solicitation Number:

HGWHDTOW28

IFB Issue Date: NOVEMBER 6, 2025

IFB Issuing Office:

Maryland State Highway Administration (SHA)

Procurement Officer:

Linda Puffenbarger; Procurement Officer Designee is Jennifer Moxley Hagerstown Maintenance Shop, 18320 Col. Henry K. Douglas Drive, Hagerstown, MD 21740

Email:

Phone Number:

Jmoxley@mdot.maryland.gov

301-791-4790

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

HGWHDTOW28

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

Bid Due (Closing) Date and Time:

November 17, 2025 at 2:00 PM Local Time

Public Bid Opening Date, Time, and Location

November 17, 2025 at 2:00 PM Local Time

Hagerstown Maintenance Shop, 18320 Col. Henry K. Douglas Drive, Hagerstown, MD 21740

Questions Due Date and Time:

Questions must be submitted in writing to the attention of the Procurement Officer’s Designee, Jennifer Moxley (Jmoxley@mdot.maryland.gov) by 9:00 AM Local Time on November 12, 2025 mailto:Jcasteel@mdot.maryland.gov

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MBE/DBE

Subcontracting Goal:

An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of zero percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement.

VSBE

Subcontracting Goal:

This solicitation includes a VSBE participation Goal of zero percent.

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

Contract Duration:

Contract expires on May 31, 2028, or until the awarded value of the contract has been expended; whichever comes first.

Primary Place of Performance:

The primary service area will be in Washington County, but the contract does allow for deployment to other counties in District Six, including Allegany County.

SBR Designation: No

Federal Funding: No

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

A. Contractor shall have a minimum of three (3) verifiable years of hire towing experience as an owner or principal or employ a full-time manager who possesses at least three (3) verifiable years of commercial towing experience.

B. Tow truck operators shall have a minimum of one (1) year experience of wrecker service and/or completed an approved tow truck driver training program within the last five (5) years. Acceptable tow truck driver training programs are Towing & Recovering Association of America and/or Wreck Masters. Tow truck operators shall possess the proper class of license and endorsements for towing vehicle and the vehicle being towed.

C. The Contractor shall be solely responsible for validating training, certification, and licensing of the tow vehicle operators. Copies of such documentation shall be provided to SHA upon request.

D. Venders may be asked to submit three (3) references for which the bidder provided commercial towing/relocation services for within the last twenty-four (24) months which are similar in scope to the IFB. References may be checked prior to award. Negative responses may result in disqualification of the bid.

E. Contractors shall provide towing vehicles that are capable of performing the services as outlined and meeting the minimum requirements. Tow vehicles provided must be equipped with a hydraulic under reach with a minimum lifting rating of twenty-five thousand (25,000) pounds and capable of towing eighty thousand (80,000) pounds gross vehicle weight.

F. Contractor shall provide tow vehicles with a minimum forty (40) ton crane towing capacity.

Tow vehicles shall also be equipped with winching capabilities.

G. All tow vehicles provided shall be all wheel drive type and/or equipped with chains for installation during winter events.

H. All tow vehicles and tow vehicle hydraulic units shall be in good mechanical condition and be fully equipped. All trucks must meet DOT requirements for licensing and insurance.

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I. All tow vehicles shall have a primary and secondary means of communication between the operator and SHA. Mobile phone numbers shall be provided to SHA upon request. Should all means of communication be lost, units shall continue to stage in assigned service area and work with verbal instructions from the SHA Field Supervisor.

J. The operators of the tow vehicles shall remain in constant communication with SHA field supervisor in the service area. Contractor’s unit shall be given breaks and refueling at the discretion of the SHA Field Supervisor.

K. Under the terms of this contract, the vendor is obligated to supply at minimum two tow trucks. Upon the mutual consent of both MDOT-SHA and the vendor, additional tow trucks that meet the minimum equipment and insurance requirements may be called out concurrently.

L. Before a contract is awarded, the apparent lowest responsible and responsive bidder must be able to demonstrate to the Procurement Officer and the Contract Manager that the Contractor is able to perform the required tasks within the stated time periods.

M. SHA reserves the right to inspect tow truck vehicles and equipment to ensure they meet minimum requirements prior to award of contract.

N. Before contract award, the Contractor must also supply proof to the Administration that the required insurance coverage is in effect. Required insurance coverage shall not lapse during the term of this contract.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

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

This open-ended, on-call Contract is to provide the Maryland State Highway Administration with qualified contractors to provide Winter Heavy Duty Towing Service when in winter events in Washington County.

The limits of this Contract work may extend to the other maintenance shops/counties located in MDOT SHA District Six (additional areas include Allegany County), should extenuating circumstances dictate the need. Upon the mutual agreement of both SHA and the Contractor, under this contract, the Contractor may concurrently supply additional heavy duty tow truck(s) in any area in District Six, which includes Washington , Garrett, and Washington Counties.

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

This is a Category II Small Procurement, and as such, bids shall not exceed $49,999.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract. This is not an exclusive contract.

2.2 Background and Purpose

During Winter Events, the primary goal of the administration is to safely keep traffic moving to avoid extensive congestion of traffic and safely enable SHA forces to perform Winter maintenance activities by detecting and aggressively relocating disabled private and commercial vehicles, clearing them from the roadway.

Tow truck operators shall perform towing and relocation services in the safest and most expedient manner possible.

2.3 Contractor Responsibilities and Tasks

This Contract is to provide the Maryland State Highway Administration in Washington County, with a qualified contractor to provide Winter Heavy Duty Class (8) Towing Services & Recovery/Relocations during transportation emergencies of winter weather events along all Maryland State routes in Washington County. The limits of this Contract work may extend to the other maintenance shops in District Six, should extenuating circumstances dictate the need. Upon the mutual agreement of both SHA and the Contractor, the Contractor may concurrently supply additional heavy duty tow truck(s).

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The Contractor shall furnish all labor, equipment, materials, licenses, or permits necessary for completion of towing/relocation services and ensures the safe and efficient removal of vehicles blocking travel portions of Maryland roadways that may become disabled, stalled or abandoned in the event of severe weather.

The types of private and commercial vehicles that may be towed from the travel portion of the roadway to safe areas off the roadway or locations as determined by SHA field supervisor and/or upon law enforcement concurrence. Types may include but not limited to: Tractor trailers (loaded or unloaded and/or doubles) single unit trucks (loaded or unloaded) tankers with and without hazmat, busses, Recreational vehicles, SHA trucks and SHA contractor trucks. Vehicles shall not be towed to the contractor’s lot for storage.

Contractor shall be assigned coverage territory called service areas. However, SHA may determine that units from any contractor may be redeployed to any area along the highway region as needed. Within each service area the tow vehicle shall be dispatched from a designated area to an area where the roadway needs cleared. The locations may at any time be modified as needed to adapt to changing weather or traffic conditions.

When the Contractor is on the clock under this contract, they will do as directed by the Snow Supervisor in charge. The Snow Supervisor reserves the right to determine the scope of the tow/recovery and will direct appropriate action to make the roadway passable. These vehicles will be removed from our roadway and placed at a designated safe area; location specific for the circumstances, as necessary.

The Contractor will not be allowed to do any private customer work with the contracted tow vehicle until released from the duties assigned by the Administration.

SHA reserves the right to inspect tow truck vehicles and equipment to ensure they meet minimum requirements prior to award of contract.

Response and communication are critical factors of this work. Contractor’s response to all service calls shall be available on a twenty-four (24) hour, seven (7) days per week basis.

Contractor’s dispatcher and tow truck operators shall have forms of communication. Successful bidder shall supply SHA with a minimum of two (2) contact phone numbers for dispatcher.

This contract number should work for calling out towing vehicle on a twenty-four(24) hour, seven (7) day a week basis.

Contractor must confirm response to a service request within fifteen (15) minutes upon notification by the Administration. Failure by the vender to confirm response shall give the Administration the right to immediately take corrective action.

Being able to respond quickly to a request for towing services is an essential requirement that is being emphasized in this IFB. The definition of “Response Time “is within one (1) hour from time of the original service request notification; the contractor arrives at the assigned service work area ready to perform services. If the contractor meets the “Response Time” definition pay will begin at the time of original notification. In the event the tow truck operator does not

IFB for Maryland State Highway Administration Page 8 of 18 meet “Response Time” , pay will begin at the time of arrival as confirmed by the Administration. Contractor’s operations will be continuous for the duration of the event or until such a time as the Administration terminates service. Pay will be rounded up or down in half (1/2) hour increments.

No subcontractors shall be permitted to work under this contract without the written consent of SHA.

SHA reserves the right to inspect tow truck vehicles and equipment to ensure they meet minimum requirements prior to the award of the contract.

All work shall conform to Federal, State, county and local codes, rules and regulations.

The Contractor shall be responsible for obtaining all necessary permits before work is started. The Contractor is also responsible for contacting and obtaining utility markings from Miss Utility if applicable.

The Contractor will be expected to provide two wreckers for each winter event. One wrecker will be stationed at Exit 77 (Woodmont Road) on I-68 to maintain the Sideling Mountain area of Western Maryland. The second wrecker will be stationed in the MD 66 Ridesharing Lot to assist with towing for the South Mountain area.

Upon arrival for each event, the Contractor must contact the SHA Hagerstown Shop Command Center to Check-In. The Command Center will contact the contractor once Check-Out time is determined. Any variance from this must be approved by the Contract Manager or one of his Designees.

No minimum show-up time shall be paid under this Contract.

All work performed under this Contract shall be done in accordance with the Maryland Department of Transportation, State Highway Administration Specifications entitled, “Standard Specifications for Construction and Materials” dated July 2008, revisions thereof (available at www.marylandroads.com), or additions thereto, Maryland Department of Transportation General Conditions for Maintenance Contracts, and the Special Provisions included in this IFB. In case of discrepancy between the Special Provisions and all other provisions contained in the Contract, the Procurement Officer will be sole authority as to the proper procedure to follow.

Payment Information – all Contractor invoices are to meet all requirements listed in this Invitation for Bids under Section 3.3 Invoicing.

Insurance Requirement – before contract award, the lowest responsible and responsive bidder must submit proof of insurance as required in this Invitation for Bids under Section 3.9 Insurance Requirements.

2.4 Supplemental Category of Work Requirements and Responsibilities Not applicable for this IFB.

http://www.marylandroads.com/

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

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

3.2 End of Contract Transition

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

3.3 Invoicing

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

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

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) number, if different than the State contract number;

I. Goods or services provided;

J. Amount due;

K. The Contractor must supply supporting documentation to SHA to detail start and stop times under this contract.

L. Vendor will be responsible for returning a signed Check In/Check Out Sheet with each invoice.

M. The vendor must also supply MDOT-SHA at the Hagerstown Maintenance with any required paperwork that SHA- District Six requires the vendor to complete to document hours worked and services performed.

N. Invoices should be emailed to Jennifer Moxley at Jmoxley@mdot.maryland.gov mailto:RKnestrick@mdot.maryland.gov

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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.

3.3.1 Invoice Submission Schedule

The Contractor shall submit invoices upon the successful completion (as determined by SHA) of each work assignment.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Payments by Electronic Funds Transfer

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

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

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

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GA DX10Form20150615.pdf.

3.5 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to Md.

Code Ann., State Finance and Procurement Article, §§15-226 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” Additional information is available on GOSBA’s website at:

http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

3.6 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict-of-Interest Affidavit and Disclosure (Attachment C) 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.

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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.

3.7 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://labor.maryland.gov/paidleave/.

3.8 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)

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

3.9 Insurance Requirements

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

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

A. 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.

B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, The Contractor shall maintain Worker’s Compensation Insurance, at minimums required by Maryland Law, for all employees in their company who perform services for the Administration.

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

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

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3.9.2 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. In the COI, the Descriptions/Location/Vehicles needs to provide the following information: “2025-2028 Contract with SHA for Winter Heavy Duty Towing; Location: SHA – District Six Maintenance Shops.” The following language also needs to be added to the Acord, “It is agreed that SHA – Hagerstown Maintenance Shop will be provided 30 days Notice of Cancellation, except for reason of Non-Payment at 7 days. Notice is to be sent to the Attention of the RME, Rodney Glenn at the Hagerstown Maintenance Shop at 18320 Col.

Henry K. Douglas Drive, Hagerstown, MD 21740”.

3.9.3 All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing, if policies are canceled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

3.9.5 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.

3.9.6 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.

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4 Bid Submission Information and Instructions

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

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

4.2 Electronic Means

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

4.3 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 to facilitate better preparation of their Bids.

4.4 Questions

All questions, including concerns, shall identify in the subject line with the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail to the Procurement Officer’s Designee, Jennifer Moxley, no later than the date and time specified in the Key Information Summary Sheet.

The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

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

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

4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

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

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

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4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder. Bids shall be opened publicly at the time, date and place designated in the Key Information Summary Sheet. The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 120 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.8 Revisions to the IFB

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

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

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

4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

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

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

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

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

4.10 Incurred Expenses

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

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4.11 Protest/Disputes

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

4.12 Bidder Responsibilities

4.12.1 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.

4.12.2 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.

4.12.3 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.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as Exhibit 1 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

4.14 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the Contract. By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

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4.15 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

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

4.16 False Statements

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

A person who, for the purpose of defrauding the State, acts in collusion with another person in connection with the procurement process is liable for damages equal to 3 times the value of the loss to the State that is attributable to the collusion.

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification 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.

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

4.18 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as bid submission.

4.19 Attachments and Documents Required with the Bid (Table A) Bids must be submitted on emma.maryland.gov under Solicitation Number HGWHDTOW28. Bids delivered by any other way, including postal mail, email, or hand-delivered bids will not be accepted.

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site. A Bidder shall include the following Four (4) Attachments as a single Bid Package:

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

IFB for Maryland State Highway Administration Page 17 of 18

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

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

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.

C

Conflict of Interest Affidavit and Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

D Mercury Affidavit https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf

Additional Required Documents with the Bid

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in IFB Section 1.

Acknowledgement of all addenda to this IFB.

4.20 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 https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf https://procurement.maryland.gov/emma-qrgs/

IFB for Maryland State Highway Administration Page 18 of 18

Guides (QRG) labeled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

4.21 Bid Evaluation Criteria and Award Basis

The Bids will be evaluated based on the Total Bid Price, as per COMAR 21.05.02.13. All Bids will be ranked from the lowest (most favorable) to the highest (least favorable) price based on the Total Bid Price as submitted in its Bid. A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable Bid Price or most favorable evaluated Bid Price for providing the goods and services as specified in this IFB. The award for this solicitation will be made to the responsive and responsible Vendor with the lowest price, as determined by the Procurement Officer to be in the best interests of the State of Maryland.

Vendor shall submit a bid price based on product description (specification) and unit of measure specified on each line. Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the State Highway Administration following any approvals of the Contract required by law or regulation.

4.22 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.23 Reciprocal Preference

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

A. The Maryland resident business is a responsible Bidder, under a competitive sealed bid;

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

C. The state in which the nonresident's principal office is located or the state in which the nonresident has its principal operation through which it would provide the goods or services 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.

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