Westminster Facility Landscaping Solicitation #: D7WestMow30SB IFB Document

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STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

MDOT SHA

INVITATION FOR BIDS (IFB)

LANDSCAPING SERVICES WESTMINSTER FACILITY

IFB NUMBER D7WESTMOW30SB

ISSUE DATE: JULY 20TH, 2026

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

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

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KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Landscaping services

Solicitation Number:

D7WESTMOW30SB

IFB Issue Date: JULY 20TH, 2026

IFB Issuing Office:

State Highway Administration (MDOT SHA)

Procurement Officer:

Tyler Zimmerman 150 Wyndtryst Drive, Westminster, MD 21157

Email:

Phone Number:

TZimmerman@mdot.maryland.gov

410-848-6565

Bids are to be sent to:

Submit on emma.maryland.gov under Solicitation Number

D7WESTMOW30SB

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

Pre-Bid Conference:

July 28nd , 11:00 AM Local Time, at 150 Wyndtryst Drive Westminster, MD 21157.

See Section 4.3 for additional details.

Scheduled Site Visit

July 28th 11:00AM at 150 Wyndtryst Drive Westminster, MD 21157

Questions Due Date and Time:

August 4th, 2026, 2:00 PM Local Time

Bid Due (Closing) Date and Time:

August 6th, 2026, 12:00 PM Local Time

Public Bid Opening Date, Time, and Location

August 6th , 2026, 2:00 PM Local Time, at

150 Wyndtryst Drive Westminster, MD 21157

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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:

Thirty-six (36) months or until the contract funds have been depleted, whichever comes first

Primary Place of Performance:

Westminster Facility at 150 Wyndtryst Drive Westminster, MD 21157

SBR Designation: Yes

Federal Funding: No

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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:

A. The Bidder shall have minimum of two (2) years of experience in lawn maintenance care and must demonstrate they have been in the business providing similar grounds services for at least the last two (2) years.

B. The Bidder shall provide with its Bid "Attachment L Reference Checks" with three or more references filled out. The list shall include the number of acres mowed, trimmed and debris pickup, including the company's name and telephone numbers of a contact person for each. Note: Any negative responses received may result in disqualification of the bid.

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(s) and the State of Maryland (“State”): To provided Landscaping services at the Westminster State Highway Administration Facility at 150 Wyndtryst Drive Westminster, MD 21157.

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.

2.1.2 This is a single award IFB

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

2.2 Background and Purpose

A. Landscaping services for the Westminster State Highway Administration Facility. The service provider will be licensed in accordance with Maryland State Law and will be able to provide proof of this license. The service provider will be responsible for providing all necessary equipment, chemicals, all incidentals, and supplies to provide all required services. Services provided include, but are not limited to: grass cutting, weed eating, edging, cleanup of debris, mulching, and general lawn care. Approximate 13 acres to be maintained.

B. All mowing shall be performed with either a zero turn, gravely, rotary mower or equivalent with a 40-to-60-inch cut. Trimming equipment can consist of push mowers, weed eaters/hand trimmers. Mower blades and settings shall be maintained to produce a level, clean cut. Ragged edges shall be unacceptable.

2.2.1 State Staff and Roles

A. The Project Monitor is responsible for overseeing normal operations under this contract.

The Project Monitor will provide direction on times to perform operations in accordance to adjusted growth rates.

B. The Procurement officer will coordinate all billing, invoicing, payments, and handle any financial disputes.

C. The Contract Manager will oversee all aspects of this contract.

2.2.2 Other State Responsibilities

A. N/A

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2.3 Contractor Responsibilities and Tasks

A. DEBRIS PICKUP: Prior to mowing or trimming, the Contractor shall pick up debris that is within the area being mowed or trimmed. Cleanup consists of the removal of all debris, trash, limbs, etc., and any material foreign to the natural vegetation that would be cut or scattered by mowing.

B. MOWING: Grass shall be mowed to maintain a neat, trimmed appearance. The Contractor shall schedule to mow and trim all grass areas as outlined in the item/description. The Contractor shall coordinate and schedule all service visits with the MDOT SHA Contract Manager. The Contractor is required to contact the MDOT SHA Contract Manager (CM) on the afternoon before the schedule cut date to verify that a cut is needed and to assure access to the site. The frequency of mowing cycles shall be adjusted according to growth rate, as directed by the MDOT SHA. Mowing shall be initiated when grass height equals five (5) inches. All mowing shall be performed with either a zero turn, gravely, rotary mower or equivalent with a 40–60-inch cut. Mower shall be set at (3) three inches. Mower blades and setting shall be maintained to produce a level, clean cut. Ragged edges shall be unacceptable.

Mowing shall be done carefully so as not to tear the bark off trees or shrubs, intrude into ground cover beds, or cause damage to any plants, flowers, curbs, or other structures. Should damage to any of the above-mentioned occur, the Contractor will be held financially responsible for an MDOT SHA approved replacement or repair. Clippings shall be collected if clumping occurs. If clumping does not occur, clippings shall be allowed to mulch naturally.

When mowing, clippings shall not be thrown onto paved areas, into tree rings, shrubs or perennial bed areas, buildings or vehicles. Grass clippings or debris caused by mowing will be removed from adjacent walks, drives, gutters and curbs or surfaces on the same day as mowed.

Mowing will not be done when weather or conditions will result in damaged turf. Upon completion, a mowed area shall be free of clumped grass cuttings and tire tracks or ruts from mowing equipment. Grass shall be cut in a professional manner so as not to scalp turf or leave areas of uncut grass.

C. TRIMMING: Grass shall be trimmed during, or as an immediate operation following mowing. Grass shall be trimmed at the same height as adjacent turf is mowed. Areas requiring trimming include, but are not limited to, the base around all trees, walls, poles, signposts, monuments, electrical boxes, tree rings, asphalt edges, plant beds, drains, flex posts, and all other objects as required by the MDOT SHA Contract Manager. Special care shall be given to trimming around small trees and shrub beds so as not to inflict damage to the bark of the trees and shrubs.

D. MULCHING: Once per year the contractor will provide mulching services around trees, shrubs, and flower beds. Mulch to be a standard black or brown wood mulch. Approximately 10 yards of mulch needed per cycle. A Mulching cycle will be considered a full application once per year. Purchasing of mulch material to be the responsibility of the contractor and

IFB for State Highway Administration Page 7 of 19 should be counted in the cycle price. MDOT will not provide materials for mulching operations.

E. PLANT GROWTH PAVED SURFACES: All plant growth on paved surfaces, curbs, sidewalks, driveways, cracks, seams, joints, etc., shall be removed during each service visit.

In addition, all paving (curb and gutters and asphalt driving and parking surfaces) shall be swept/blown clean of all grass clippings, litter, glass, etc. after the completion of each mowing.

The Contractor shall be responsible for removal of all their debris from the site and all affected areas cleaned. Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by the MDOT SHA CM. All debris, trash, litter, leaves and clippings removed shall be disposed of by the Contractor to an off-site location at Contractor’s expense. The Contractor must leave the grounds in a presentable condition.

F. SAFETY PRECAUTIONS: The Contractor shall employ all necessary safety precautions to prevent injury to persons or damage to MDOT SHA property and equipment. All mowing equipment in operation shall be equipped with the necessary guards and protective devices.

The Contractor and his employees, while on SHA, shall comply with the Maryland Occupational Safety and Health Act of 1973 (MOSHA), latest revision.

ANSI 3 (Class 3) High Visibility Safety Vests must be always worn when performing operations on MDOT SHA right of ways

G. WORKING HOURS: The normal working hours on this Contract will be from 7:30 a.m. to 3:00 p.m., Monday – Friday, excluding State holidays, or unless otherwise authorized by the MDOT SHA CM. The work must begin on the scheduled day.

H. INSPECTION AND ACCEPTANCE: The Contractor shall submit a work completion certificate within twenty-four (24) hours after completion of each cutting cycle. The MDOT SHA CM shall inspect the work within twenty-four (24) working hours after receipt of the work completion certificate. The Contractor shall be notified by MDOT SHA CM of any unacceptable or incomplete work determined by MDOT SHA. The Contractor shall correct all unacceptable or incomplete work within two (2) consecutive working days after verbal notification. Re-inspection of corrected work will be performed within twenty-four (24) hours or on the next working day.

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I. LOCATION TO BE SERVICED:

150 Wyndtryst Drive Westminster, MD 21157

J. No subcontractor shall be permitted to work under the contract without the written approval of the contract manager. Any subcontracted work must be preapproved by the contract manager.

K. EQUIPMENT SPECIFICATIONS:

a) Truck(s)/Truck and Trailer- Capable of transporting all equipment and personnel to job site.

b) Self-propelled walk/ride mowers, i.e. Zero turn/Gravely or equivalent type mowers with a cut radius of 40 to 60 inches

c) Trimming equipment can consist of push mowers, weed eaters/hand trimmers.

d) Portable blower unit- either back mounted, or handheld.

e) All safety equipment M.O.S.H.A. and the Administration for Hand mowing and trimming activities

2.4 Supplemental Category of Work Requirements and Responsibilities N/A

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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) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and

K. Any additional documentation required by regulation or the Contract.

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

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

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

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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.

The unit price submitted for each mowing cycle shall include all labor, equipment, materials, supervision, mobilization, debris removal, and all other work necessary to complete the services described in the specifications. No separate payment will be made for incidental operations

3.3.1 Invoice Submission Schedule

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

A. Invoices shall be submitted within thirty (30) calendar days from the date of work. Any work performed at the end of June shall be submitted no later than July 5th to comply with MDOT SHA's Fiscal Year end requirements. Invoice terms will be with thirty (30) days upon receipt of completed invoice. Invoices held for verification, missing information, or returned for corrective re-submittal will not be subject to late fees.

B. Invoices must contain the complete company name, address, telephone number, contact person, F.E.I.N. (Federal Employment Identification Number), contract number, and an invoice number. Failure to do so may result in delay of payment.

C. All items will be paid as bid on the Invitation for Bids. Any overtime pay will be paid at no more than 1 ½ times the hourly rate. Invoices shall itemize date and location of services, work time with labor rates, and parts and material costs if applicable. The Contractor shall attach a copy of all source invoices for parts and material listed for reimbursement, including a total invoice cost.

D. Invoice shall be sent to the following address:

MDOT SHA

Office of Maintenance

Attn: Tyler Zimmerman, RME

150 Wyndtryst Drive

Westminster, MD 21157

Note: MDOT SHA is exempt from Maryland Sales and Use Taxes by Exemption Certificate Number 3000256-3 and from Federal Excise Taxes by Exemption Number 52-73-0358K. Do not include tax.

E. Payments shall be based on net 30 days upon receipt of the invoice.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

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3.4 Liquidated Damages

3.4.1 Problem Escalation Procedure

No later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier, the Contractor must provide, and thereafter, maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. 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.

3.5 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.

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3.6 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract; Section 31 “Prompt Pay Requirements” Additional information is available on GOSBA’s website at:

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

3.7 Conflict of Interest Affidavit and Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid. By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

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

3.8 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/.

3.9 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.

3.10 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:

3.10.1 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 three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

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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B. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’ Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one million dollars ($1,000,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

3.10.2 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.

3.10.3 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.

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

3.10.5 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.

3.10.6 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.

To assure adequate accommodations at the Conference, please email the completed Attachment 2 for those expected to attend the Conference to the Procurement Officer no later than the time and date indicated on the Key Information Summary Sheet. In addition, if there is a need for sign language interpretation or other special accommodations due to a disability, please notify the Procurement Officer at least five (5) Business Days prior to the Conference date. Reasonable efforts will be made to provide such special accommodation. If the Conference is in person, attendees should bring a copy of the solicitation and a business card to help facilitate the sign-in process.

4.4 Questions

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

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.

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

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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.

4.6 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).

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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.

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 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

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.

IFB for State Highway Administration Page 17 of 19

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:

In connection with a procurement contract a person may not willfully:

A. Falsify, conceal, or suppress a material fact by any scheme or device;

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

A person may not aid or conspire with another person to commit an act under this section. A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

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) A Bidder shall include the following Attachments with its Bid as a single Bid Package:

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

IFB for State Highway Administration Page 18 of 19

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.

(See Appendix 2 for specific Price Form Instructions.)

D Mercury Affidavit

N/A

I

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.

L

Reference Checks (Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past five years) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.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. If references are required in IFB Section 1, those references shall be included in Attachment L. Reference Checks.

Acknowledgement of all addenda to this IFB.

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-J.-Mercury-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-L.-Reference-Checks.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

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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 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;

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

C. The other state gives a preference to its resident businesses through law, policy, or practice; and

D. The preference does not conflict with a federal law or grant affecting the procurement Contract.

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

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