IFB_and_SOW_CB_203_(OPS-27-034-SR).pdf

STATE OF MARYLAND

MARYLAND TRANSIT ADMINISTRATION

INVITATION FOR BIDS (IFB)

COMMUTER BUS ROUTE 203

IFB NUMBER OPS-27-034-SR

ISSUE DATE: AUGUST 10, 2026

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

(eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

SMALL BUSINESS PREFERENCE PROCUREMENT

This procurement has been designated for a small business preference under COMAR 21.11.01.05. The procurement agency will accept the most favorable responsive bid from a responsible small business (COMAR 21.01.02.01B(80)) if the bid of the small business does not exceed the most favorable responsive bid received from a responsible bidder who is not a small business by: (1) more than 5 percent; (2) more than 7% for a veteran-owned small business; (3) more than 8% for a disabled-veteran-owned small business; or (4) the percentage otherwise identified in the solicitation as the small business preference.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

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

Commuter Bus Route 203

Solicitation #: OPS-27-034-SR IFB Document

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NO BID NOTICE/VENDOR FEEDBACK FORM

To help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, please provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email or fax this completed form to the attention of the Procurement Officer (see Key Information Summary Sheet below for contact information).

Title: Commuter Bus Route 203

Solicitation No: OPS-27-034-SR

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

Other commitments preclude our participation at this time

The subject of the solicitation is not something we ordinarily provide

We are inexperienced in the work/commodities required

Specifications are unclear, too restrictive, etc. (Explain in REMARKS section)

The scope of work is beyond our present capacity

Doing business with the State is simply too complicated. (Explain in REMARKS section)

We cannot be competitive. (Explain in REMARKS section)

Time allotted for completion of the Bid is insufficient

Start-up time is insufficient

Bonding/Insurance requirements are restrictive (Explain in REMARKS section)

Bid requirements (other than specifications) are unreasonable or too risky (Explain in REMARKS section)

MBE or VSBE requirements (Explain in REMARKS section)

Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in

REMARKS section)

Payment schedule too slow

Other:

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.)

REMARKS:

Company: Date:

Contact Person: Phone ( ) -

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KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Services – Commuter Bus Route 203

Solicitation Number: OPS-27-034-SR

Solicitation Date: August 10, 2026

IFB Issuing Office: Maryland Transit Administration (MTA or the Department)

Procurement Officer: Sharon Curtis e-mail:

Office Phone:

scurtist@mdot.maryland.gov

410-856-4827

Bids Submission: Submit via eMMA

Instructions on how to submit proposals electronically can be found at:

https://procurement.maryland.gov

Pre-Bid Conference: August 21, 2026 at 11:00 A.M. (local time)

To be held by Conference Call, via Microsoft Teams. Please complete the RSVP “IFB Attachment A” and email to the Procurement Officer by 5:00 p.m. the day prior to the meeting. The call information is located on IFB Attachment A.

Questions Due Date/Time: August 27, 2026 at 2:00 P.M. (local time)

Email to Procurement Officer.

Bid Due (Closing) Date and

Time:

September 10, 2026 at 2:00 P.M. (submitted on eMMA)

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see page iv).

Public Bid Opening Date Information available via eMMA after due date/time

MBE Subcontracting Goal: 5% (8.34% with 60% commodity rule)

Contract Type: Firm Fixed Price

Contract Duration: Approximately a fifteen-day mobilization period plus five (5) Years providing contracted services with one (1) renewal option of two (2) years.

Federal Funding: No mailto:scurtist@mdot.maryland.gov

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.3 State Staff and Roles

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.2 End of Contract Transition

3.3 Invoicing

3.4 Liquidated Damages

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.11 Maryland Healthy Working Families Act Requirements

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

3.13 Insurance Requirements

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Procurement Method

4.5 Multiple or Alternate Bids

4.6 Receipt, Opening and Recording of Bids

4.7 Confidentiality of Bids / Public Information Act Notice

4.8 Award Basis

4.9 Tie Bids

4.10 Duration of Bids

4.11 Revisions to the IFB

4.12 Cancellations

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4.13 Incurred Expenses

4.14 Protest/Disputes

4.15 Bidder Responsibilities

4.16 Acceptance of Terms and Conditions

4.17 Bid/Proposal Affidavit

4.18 Contract Affidavit

4.19 Compliance with Laws / Arrearages

4.20 Verification of Registration and Tax Payment

4.21 False Statements

4.22 Payments by Electronic Funds Transfer

4.23 Use of Bidder’s Form Not Binding on State

4.24 MBE Participation Goal

4.25 Living Wage Requirements

4.26 Location of the Performance of Services Disclosure

4.27 Performance Bond

4.28 Corporate Diversity

Attachment A. Pre-Bid Conference Response Form

Attachment B. Bid Instructions & Form

B-1 Bid Instructions

B-2 Bid Form

Attachment C. Bid/Proposal Affidavit

Attachment D. Minority Business Enterprise (MBE) Forms

Attachment E. Veteran-Owned Small Business Enterprise (VSBE) Forms

Attachment F. Maryland Living Wage Affidavit of Agreement for Service Contracts………………. 49

Attachment G. Federal Funds Attachments

Attachment H. Conflict of Interest Affidavit and Disclosure

Attachment I. Non-Disclosure Agreement (Contractor)

Attachment J. HIPAA Business Associate Agreement

Attachment K. Mercury Affidavit

Attachment L. Location of the Performance of Services Disclosure

Attachment M. Sample Contract

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Attachment N. Contract Affidavit

Attachment O. DHS Hiring Agreement

Attachment P. Performance Bond

Attachment Q. Corporate Diversity

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

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

1.1.1 The Bidder shall have relevant bus transportation services experience within the past five (5) years providing scheduled intrastate / interstate bus transportation.

1.1.2 As proof of meeting this requirement, the Bidder shall provide with its Bid three (3) references establishing that these services have been provided within the past five (5) years.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder and the State of Maryland (“State”)

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

2.2 Background and Purpose

2.2.1 Failure to provide said services in accordance with the terms of this Contract will result in the assessment of

Liquidated damages as prescribed herein. A Contractor who is unable to provide the services as outlined in this IFB, may be found in default of the Contract.

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

2.2.3 The operation of the actual service (Operating the Coaches) may not be subcontracted.

2.3 State Staff and Roles

2.3.1 In addition to the Procurement Officer and Contract Monitor, the State may assign at its sole discretion other points of contact that the Contractor will be expected to work with on various items.

Full Scope of Work – Appendix 2

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

3.1.1 Once all approvals have been obtained and the Contract is fully executed, the Contract Monitor shall schedule and hold a kickoff meeting during the Mobilization period, prior to the Go-Live Contract date.

3.1.2 Mobilization Period: The Contractor shall be given approximately a 15-day mobilization period prior to starting the coach service (Go-Live) date. The Contractor will be reimbursed by MTA to attend a kickoff meeting and for its time to complete contract requirements including but not limited to

CDRL’s. The Contractor(s) will be reimbursed the total amount submitted on the bid form as a fixed cost by MTA for all pre-service requirements per the IFB.

3.1.3 All requirements shall be completed and approved by the MTA Contract Monitor as outlined in this IFB to be eligible for the Mobilization payment.

3.2 End of Contract Transition

3.2.1 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

3.3.1 General

1 The Contractor shall email the original of each monthly invoice to commuterbusadmin@mdot.maryland.gov and the Contract Monitor. MTA may also request additional individuals be added to the monthly invoice distribution list.

2 All invoices for services shall be verified by the Contractor as accurate at the time of submission.

3 An invoice not satisfying the requirements of a Proper Invoice (as defined at COMAR 21.06.09.01 and

.02) cannot 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. Goods or services provided

I. Total Amount due

J. Monthly Cash Due Report Sheet

K. Cash Collected by Contractor (shall be reduced from the monthly amount due)

L. Monthly Ridership

M. Revenue miles operated during the service month.

N. Trips operated during the month

O. Service days in month

P. On/Off Survey Sheets

Q. AAA Fuel Rate on First (1st) service day of the month

R. Fuel reimbursement due

S. Copy of MBE monthly report submitted to EOCP mailto:commuterbusadmin@mdot.maryland.gov

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T. Any additional documentation required by regulation or the Contract

3.3.2 Invoice Submission Schedule

The Contractor shall submit invoices monthly no later than the close of business on the tenth (10th) day of each month for service provided during the previous month.

3.3.3 Invoice Acceptance

For the purposes of the Contract, an amount will not be deemed due and payable if:

A. The amount invoiced is inconsistent with the Contract

B. The proper invoice has not been received by the party or office specified in the Contract

C. The invoice or performance is in dispute, or the Contractor has failed to otherwise comply with the provisions of the Contract

D. The item or services have not been accepted

E. The items or services do not meet the quality requirements of the Contract

F. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the

Contract and compliance with its provisions

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

MBE liquidated damages are identified in the sample contract.

3.4.2 Liquidated Damages other than MBE

Liquidated damages other than MBE are identified in Appendix 2 – Scope Of Work.

3.4.3 Problem Escalation Procedure

During the Mobilization period, the Contractor must provide, and thereafter, maintain a Problem Escalation

Procedure (PEP) for both routine and emergency situations (CDRL 0001). The PEP must state how the

Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the State within appropriate timeframes and must include:

A. Contact information

B. The process for establishing the existence of a problem;

C. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

D. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the

Contractor’s PEP;

E. Expedited escalation procedures and any circumstances that would trigger expediting them;

F. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the State;

G. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis; and

H. A process for updating and notifying the Contract Monitor of any changes to the PEP.

I. The PEP must be updated within ten (10) Business Days after any change in circumstance which changes the PEP but not less than annually within ten (10) Business Days after the start of each Contract year .

Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be allowed by the Contract or applicable law.

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3.5 Work Orders

This section is not applicable to this IFB.

3.6 Payments by Electronic Funds Transfer

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

Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

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

Comptroller’s website at:

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form201

50615.pdf.

3.7 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, “Prompt Pay

Requirements” (see Sample Contract). Additional information is available on GOSBA’s website at:

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

3.8 Federal Funding Acknowledgement

This Contract does not contain federal funds.

3.9 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict-of-Interest Affidavit and Disclosure 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 for 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.”

http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form201 http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf

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3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

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

3.10.2 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation. This Agreement must be provided within five (5) Business Days of notification of recommended award; however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

3.11 Maryland Healthy Working Families Act Requirements

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

Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act

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

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

Products and Services (EPPs)

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as

“the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

3.13 Insurance Requirements

The Contractor shall 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.

3.13.1 Insurance Types

[X] Commercial General Liability Insurance with minimum limits of $5,000,000 per occurrence, written on an occurrence form. When the minimum contract amounts can only be met when applying the umbrella/excess policy, the umbrella/excess policy must follow form of the underlying policy and be extended to “drop down” to become primary in the event the primary limits are reduced or aggregate limits are exhausted.

The coverage shall include:

[X] Terrorism coverage, [X] Additional Insured Endorsement naming MTA. Complete signed Endorsement from the Surety.

[X] Waiver of subrogation rights in favor of MTA. Complete signed Endorsement from the Surety.

[ ] In addition to procuring and maintaining this insurance during the duration of the contract, the

Contractor shall continue to procure and maintain products and completed operations liability insurance coverage through (a) the applicable statute of repose period or (b) 10 years, whichever period is longer.

[X] Workers’ Compensation Insurance meeting the statutory requirements of the jurisdiction where the work will be performed for employees and or volunteers, including Employer’s Liability coverage with minimum limits of $1,000,000 each accident or disease.

https://dllr.state.md.us/paidleave/ https://trackbill.com/bill/maryland-house-bill-629-environmentally-preferable-procurement-maryland-green-purchasing-committee/647077/

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[X] Commercial Automobile Liability Insurance with minimum limits of $5,000,000 per occurrence covering contractor against claims for bodily injury and property damage arising out of the ownership, maintenance or use of any owned, hired, or non-owned motor vehicle. MTA shall be added as an additional insured on the policy.

3.13.2 Insurance Company Qualifications

A. The insurance required in this Article of this contract must be issued by companies that are:

1. Acceptable to the MTA

2. Licensed to do business in the State of Maryland.

3.13.3 Policy Requirements

A. The recommended Contractor awardee shall deliver to the MTA representative within 10 days of notification of proposed contract award accurate and true Certificates of Insurance that show that:

1. The Contractor has procured coverage stated in this article of this Contract.

2. The Maryland Department of Transportation, the State of Maryland and the MTA have been named as additional insured.

3. The policies will not be canceled, terminated or modified without 30 days prior written notice to the Department.

B. The Contractor shall require that any subcontractors providing services under this Contract obtain and maintain similar levels of insurance 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. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

4.2 Electronic Means

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

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

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

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

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

4.3 Pre-Bid Conference

1. A Pre-Bid conference (Conference) will be held at the date and time indicated on the Key Information

Summary Sheet.

2. The Pre-Bid Conference will be held as a Microsoft Teams Conference Call. The call information is located on the RSVP form, IFB Attachment A.

3. Attendance at the Conference is not mandatory, but all interested parties are encouraged to attend, in order to facilitate better preparation of its Bids.

4. It is highly recommended that ALL Prime Contractors encourage their intended subcontractors to participate in the Conference to ensure that all parties understand the requirements of the contract and the MBE Goal.

5. MBE subcontractors are encouraged to participate in the Conference to market their participation to potential prime contractors.

6. Following the Conference, the attendance record and summary of the Conference will be posted as an addendum on eMMA.

4.4 Questions

4.4.1 All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title, and shall be submitted in writing via e-mail to the

Procurement Officer no later than the date and time specified 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.

4.4.2 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.

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

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

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4.5 Procurement Method

A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.

Bid Due (Closing) Date and Time

4.5.1 Bids, in the number and form set forth in this IFB, Bid Instructions & Form, must be received in eMMA no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered.

4.5.2 Requests for extension of this date or time shall not be granted.

4.5.3 Bidders submitting Bids should allow sufficient delivery time to ensure timely receipt by eMMA. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in the Key Information

Summary Sheet will not be considered.

4.5.4 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.

4.5.5 Bids may not be submitted by e-mail or facsimile. Bids will be opened by the Procurement Officer via eMMA.

4.5.6 Potential Bidders not responding to this solicitation are requested to submit the “No Bid Notice/Vendor

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

4.6 Multiple or Alternate Bids

Multiple or alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored on the eMMA platform before the

Bid opening, the State may not disclose the identity of any Bidder. Bids submitted through eMMA cannot be opened by anyone before the bid opening date and time.

Bids shall be opened via eMMA by the Procurement Officer after the bid due date and time. After the due date and time for bid submission, the total bid price and the Contractor’s name will be available via eMMA to registered

Contractors. Please contact the eMMA Help Desk for Vendors if you need assistance.

4.8 Confidentiality of Bids / Public Information Act Notice

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

(PIA), 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.

4.8.2 The Bids shall be reviewed and listed on eMMA as an Addendum the day after the bids are due.

4.9 Award Basis

4.9.1 A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable bid price for providing the goods and services as specified in this IFB. Bidders must bid all line items. Partial or incomplete bids will be rejected unless otherwise stated in the solicitation.

4.9.2 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 Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required.

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4.10 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.11 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.

4.12 Revisions to the IFB

4.12.1 If the IFB is revised before the due date for Bids, the Department shall post any addenda to the IFB on eMMA and shall endeavor 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 remains the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

4.12.3 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.

4.13 Cancellations

4.13.1 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.

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

4.14 Incurred Expenses

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

4.15 Protest/Disputes

Any protest or dispute related to this solicitation or the Contract award shall be subject to the provisions of COMAR

21.10 (Administrative and Civil Remedies).

4.16 Bidder Responsibilities

4.16.1 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.

4.16.2 If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified as provided in the appropriate Attachment(s) to this IFB.

4.16.3 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.

4.16.4 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

IFB for MTA 17 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.

4.17 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as IFB Attachment M. Any exceptions to this

IFB 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.

4.18 Bid/Proposal Affidavit

A Bid submitted by the Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this

Affidavit is included as IFB Attachment C of this IFB.

4.19 Contract Affidavit

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes in this

IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State

Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

4.20 Compliance with Laws / Arrearages

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

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

4.21 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://dat.maryland.gov/Pages/default.aspx

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 successful Bidder from final consideration and recommendation for Contract award.

4.22 False Statements

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

4.22.1 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.

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

4.22.2 A person may not aid or conspire with another person to commit an act https://dat.maryland.gov/Pages/default.aspx

IFB for MTA 18

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

4.23 Payments by Electronic Funds Transfer

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

4.23.1 Agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

4.23.2 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/GADX10For m20150615.pdf.

4.24 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.

4.25 MBE Participation Goal

4.25.1 Establishment of Goal and Subgoals

An overall MBE subcontractor participation goal as identified in the Key Information Summary Sheet has been established for this procurement, representing a percentage of the total Contract dollar value, including all renewal option terms, if any, has been established for this procurement.

Notwithstanding any subgoals established for this IFB, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from any/all of the various MBE classifications to meet the remainder of the overall MBE participation goal.

By submitting a response to this solicitation, the Bidder acknowledges the overall MBE subcontractor participation goal and subgoals, and commits to achieving the overall goal and subgoals by utilizing certified minority business enterprises, or requests a full or partial waiver of the overall goal and subgoals.

A Bidder that does not commit to meeting the entire MBE participation goal outlined in this IFB must submit a request for waiver with its bid submission that is supported by good faith efforts documentation to meet the MBE goal made prior to submission of its Bid as outlined in this IFB, under Waiver Guidance. Failure of a Bidder to properly complete, sign, and submit the required document as outlined in this IFB at the time it submits its Bid(s) to the IFB will result in the State’s rejection of the Bidder’s Bid for the applicable Service Category. This failure is not curable.

4.25.2 MBE Attachments

MDOT MBE Forms A to E – The following Minority Business Enterprise participation instructions, and forms are provided to assist Bidders:

MDOT MBE FORM A Certified MBE Utilization and Fair Solicitation Affidavit

(page 1 & 2) (must be submitted with Bid)

MDOT MBE FORM B Instructions for MBE Participation Schedule http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/GADX10Form20150615.pdf

IFB for MTA 19

Part 1 Goal/Subgoal Participation Worksheet

Part 2 MBE Participation Schedule (submit with Bid)

Part 3 Certification for MBE Participation Schedule

Non visual

MDOT MBE FORM C Outreach Efforts Compliance Statement

MDOT MBE FORM D MBE Subcontractor Project Participation Affidavit

MDOT MBE FORM E Good Faith Efforts Guidance and Documents

Part 1 Guidance for Demonstrating Good Faith Efforts to Meet

MBE Participation Goals

Part 2 Certification Regarding Good Faith Efforts

Documentation

4.25.3 A Bidder shall include with its Bid a completed Certified MBE Utilization and Fair Solicitation Affidavit

(MDOT MBE Form A) whereby:

(a) The Bidder acknowledges the certified MBE participation goal and commits to make a good faith effort to achieve the goal and any applicable subgoals, or requests a waiver, and affirms that MBE subcontractors were treated fairly in the solicitation process (CDRL 0020); and

(b) The Bidder responds to the expected degree of MBE participation, as stated in the solicitation, by identifying the specific commitment of certified MBEs at the time of Bid/Proposal submission.

The Bidder shall specify the percentage of total contract value associated with each MBE subcontractor identified on the MBE participation schedule, including any work performed by the

MBE Prime (including a Prime participating as a joint venture) to be counted towards meeting the

MBE participation goals.

(c) A Bidder requesting a waiver should review IFB Attachment MDOT MBE FORM E (Guidance for Demonstrating Good Faith Efforts to Meet MBE Participation Goals) prior to submitting its request.

If a Bidder fails to submit a completed IFB MDOT MBE Form A with the Bid as required, the

Procurement Officer shall determine that the Bid is non-responsive or the Bidder is not reasonably susceptible of being selected for award.

4.25.4 Bidders are responsible for verifying that each MBE (including any MBE Prime and/or MBE Prime participating in a joint venture) selected to meet the goal and any subgoals and subsequently identified in this IFB MDOT MBE Form B is appropriately certified and has the correct NAICS codes allowing it to perform the committed work.

4.25.5 Within ten (10) Business Days from notification that it is the recommended awardee or from the date of the actual award, whichever is earlier, the Bidder must provide the following documentation to the Procurement

Officer.

(a) Outreach Efforts Compliance Statement (MDOT MBE Form C).

(b) MBE Subcontractor Project Participation Affidavit (MDOT MBE Form D).

(c) If the recommended awardee believes a waiver (in whole or in part) of the overall MBE goal or of any applicable subgoal is necessary, the recommended awardee must submit a fully documented waiver request that complies with COMAR 21.11.03.11.

IFB for MTA 20

(d) Any other documentation required by the Procurement Officer to ascertain Bidder responsibility in connection with the certified MBE subcontractor participation goal or any applicable subgoals.

If the recommended awardee fails to return each completed document within the required time, the

Procurement Officer may determine that the recommended awardee is not responsible and, therefore, not eligible for Contract award. If the Contract has already been awarded, the award is voidable.

4.25.6 A current directory of certified MBEs is available through the Maryland State Department of Transportation

(MDOT), Office of Minority Business Enterprise, 7305 / 315 / 325 Corporate Center Drive, Hanover, Maryland 31076. The phone numbers are (410) 865-1269, 1-800-544-6056, or TTY (410) 865-1342. The directory is also available on the MDOT website at http://mbe.mdot.state.md.us/directory/. The most current and up-to-date information on MBEs is available via this website. Only MDOT-certified MBEs may be used to meet the MBE subcontracting goals. https://goma.maryland.gov/Pages/mbe-

Program.aspx

The Contractor, once awarded a Contract, will be responsible for submitting or requiring its subcontractor(s) to submit the following forms to provide the State with ongoing monitoring of

MBE Participation:

4.25.7 The Contractor, once awarded a Contract, will be responsible for submitting or requiring its subcontractor(s) to submit the following forms to provide the State with ongoing monitoring of MBE

Participation:

(a) Prime Contractor Paid/Unpaid MBE Invoice Report

(b) MBE Prime Contractor Report, if applicable)

(c) MBE Subcontractor/Contractor Unpaid MBE Invoice Report

4.25.8 All documents, including the Certified MBE Utilization and Fair Solicitation Affidavit & MBE

Participation Schedule (MDOT MBE FORM A), completed and submitted by the Bidder in connection with its certified MBE participation commitment shall be considered a part of the resulting Contract and are hereby expressly incorporated into the Contract by reference thereto. All the referenced documents will be considered a part of the Bid for order of precedence purposes (see Contract Sample).

4.25.9 The Bidder is advised that liquidated damages will apply in the event the Contractor fails to comply in good faith with the requirements of the MBE program and pertinent Contract provisions. (See Contract Sample

“Liquidated Damages” clause).

4.25.10 As set forth in COMAR 21.11.03.12-1(D), when a certified MBE firm, who is a certified MBE to perform the required services, participates on a Contract as a Prime Contractor (including a joint-venture where the

MBE firm is a partner), a procurement agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own work force towards fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one hundred percent (100%) of not more than one of the MBE participation sub-goals, if any, established for the contract.

In order to receive credit for self-performance, an MBE Prime must list its firm in Section 4A of the MBE

Participation Schedule (MDOT MBE FORM B Part 2) and include information regarding the work it will self-perform. For the remaining portion of the overall goal and the sub-goals, the MBE Prime must also identify certified MBE subcontractors (see Section 4B of the MBE Participation Schedule (MDOT MBE

FORM B Part 2) used to meet those goals. If dually certified, the MBE Prime can be designated as only one of the MBE sub-goal classifications but can self-perform up to 100% of the stated sub-goal.

As set forth in COMAR 21.11.03.12-1, once the Contract work begins, the work performed by a certified

MBE firm, including an MBE Prime, can only be counted towards the MBE participation goal(s) if the

MBE firm is performing a commercially useful function on the Contract.

http://mbe.mdot.state.md.us/directory/ https://goma.maryland.gov/Pages/mbe-Program.aspx https://goma.maryland.gov/Pages/mbe-Program.aspx https://goma.maryland.gov/Pages/mbe-Program.aspx

IFB for MTA 21

4.26 Living Wage Requirements

A. Maryland law requires that contractors meeting certain conditions pay a living wage to covered employees on

State service contracts over $100,000. Maryland Code Ann., State Finance and Procurement Article, § 18-101 et al. The Commissioner of Labor and Industry at the Department of Labor requires that a contractor subject to the Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05.

If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including but not limited to reporting requirements in COMAR 21.11.10.05. Contractor understands that failure of Contractor to provide such documents is a material breach of the terms and conditions and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions. Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.

Additional information regarding the State’s living wage requirement is contained in IFB Attachment F.

Bidders must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement (IFB

Attachment F-1) with their Bids. If the Bidder fails to complete and submit the required documentation, the

State may determine the Bidder to not be responsible under State law.

Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a majority of services take place in a Tier 1 Area or a Tier 2 Area of the State. The specific Living

Wage rate is determined by whether a majority of services take place in a Tier 1 Area or Tier 2 Area of the

State.

1. The Tier 1 Area includes Montgomery, Prince George’s, Howard, Anne Arundel and Baltimore

Counties, and Baltimore City. The Tier 2 Area includes any county in the State not included in the Tier

1 Area. In the event that the employees who perform the services are not located in the State, the head of the unit responsible for a State Contract pursuant to §18-102(d) of the State Finance and Procurement

Article shall assign the tier based upon where the recipients of the services are located. If the Contractor provides more than 50% of the services from an out-of-State location, the State agency determines the wage tier based on where the majority of the service recipients are located. In this circumstance, the

Contract will be determined to be a Tier (enter “1” or “2,” depending on where the majority of the service recipients are located) Contract.

2. The Contract will be determined to be a Tier 1 Contract or a Tier 2 Contract depending on the location(s) from which the Contractor provides 50% or more of the services. The Bidder must identify in its Bid the location(s) from which services will be provided, including the location(s) from which 50% or more of the Contract services will be provided.

3. If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the

Contract will be a Tier 1 Contract.

4. If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s), the

Contract will be a Tier 2 Contract.

If the…