IFB_HCSNO29SBR_100826_Final.pdf

Contract No. HCSNO29SBR

Solicitation #: BPM059247 IFB Document

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

SHA

INVITATION FOR BIDS (IFB)

SNOW AND ICE REMOVAL FOR THE HANOVER COMPLEX

IFB NUMBER HCSNO29SBR

ISSUE DATE: OCTOBER 8, 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

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids Service.

Snow and Ice Removal for the State Highway Administration Hanover, MD Complex

Solicitation

Number:

BPM059247

IFB Issue Date: October 8, 2026

IFB Issuing

Office:

Maryland State Highway Administration, Hanover MD Complex

7491 Connelley Drive, Hanover, MD 21076

Procurement

Officer:

Tammy Ridgeway

Maryland State Highway Administration

Office of Maintenance, Facility Operations division

7491 Connelley Drive

Hanover, MD 21076

Email:

Phone Number:

tridgeway@mdot.maryland.gov

410-582-5544

Bids are to be sent to:

Bids are to be submitted on eMMA, eMarylandMarketplaceAdvantage https://emma.maryland.gov under Solicitation Number: BPM059247

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:

No Pre-Bid

Scheduled Site

Visit

Upon request only

Questions Due

Date and Time:

Questions and inquiries are to be received no later than, five (5) days prior to bid due date on October 14, 2026, at 10:00 AM

Bid Due (Closing)

Date and Time:

October 21, 2026, at 12:00 PM (Noon) https://emma.maryland.gov/

Public Bid

Opening Date, Time, and

Location

October 21, 2026, at 12:00 PM (Noon)

Facilities Operations – Office of Maintenance – OOM Library.

Bids will be open using bids submitted on eMMA.

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:

Two (2) years

Primary Place of

Performance:

State Highway Administration Hanover, MD Complex

7491 Connelley Drive

Hanover, MD Complex 21076

SBR Designation: Yes

Federal Funding: No

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

The Administration will inspect all equipment that is proposed to be used by the

Contractor for CONTRACTOR QUALIFICATIONS:

• The Contractor must be fully qualified to legally provide the services detailed in this

Contract within the State of Maryland. All applicable Federal, State, County, and Local statutes, laws, and regulations must be followed by all parties when performing work related to this Contract. This requirement includes, but is not limited to, the standards established by the MDE, EPA, UASCE, FCWA, MOSH, OSHA, NFPA, and other relevant governmental agencies. A copy of contractor’s Maryland Business license to be provided prior to Notice to Proceed.

• The Contractor shall have a current and active State of Maryland Business License to operate in Maryland. The current and active State of Maryland Business License must be submitted at the time of bid submission.

• Please refer to The Comptroller of Maryland’s website at https://marylandtaxes.gov/business/types-of-business-licenses.php for TYPES OF

BUSINESS LICENSE that is applicable to the Contractor’s company/firm. The applicable business license shall be submitted at the time of bid submission.

• The Contractor shall have five (5) years of experience in the commercial snow and ice removal industry.

• The Contractor shall submit a current W9 at the time of bid submission that includes the business name, mailing address, federal identification, and remit to address if different from the mailing address.

• Bidders shall submit three (3) references with their bid to provide proof of experience conducting commercial snow and ice removal. Evidence of commercial snow and ice removal work submitted for the purpose of proving experience must have been performed within the past two (2) years. References shall include the name, address, telephone number and email for the contact person, and type and duration of services provided.

References may be checked prior to award. Any negative responses received may result in disqualification of the bid. References shall be of work performed by the bidding contractor and not subcontractors or employees performing work as employees of other contractors. The Bidder shall provide its Bid "Attachment E Reference Checks

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

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”): 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.

SCOPE OF CONTRACTOR SERVICES

This specification describes the Snow and Ice Removal services to be provided by the

Contractor.

The Contractor shall provide all labor, equipment, and expertise to perform snow and ice removal on roadways, parking lots, sidewalks, and other areas designated by the Administration at the

Hanover Complex located at 7491 Connelley Drive Hanover Md. 21076.

This scope of contractor services/scope of work will establish hourly rates. Quantities listed are estimates only and are only given for bid evaluation. They do not indicate the actual amount that will be spent since such expenditure will depend upon the requirements that develop during the contract period.

The Contractor shall provide all service and repairs to keep its equipment operational for the entire snow event and until released by the Administration. The Administration will not compensate for down time of equipment that extends beyond one hour. The Contractor shall report to the Administration when its equipment is down for repairs and when the repairs have been completed and the equipment is operational.

The Contractor shall establish communication with the Administration representative for the duration of the Contract. The Contractor shall provide a home office, and cellular phone number, or an answering service where the Administration can contact or leave a message seven day a week, twenty-four hours a day.

The following is a visual representation depicting the size of the Hanover complex.

SERVICE REQUIREMENTS:

• The Contractor shall comply with all terms and conditions of the contract documents.

• The Contractor shall furnish all labor and supervision, equipment, any tools, transportation, and insurance necessary to ensure the satisfactory performance of the contracted services, as determined by the Administration.

• The location of work is the Maryland State Highway Administration Hanover Complex, which is located at 7491 Connelley Dr., Hanover, MD 21076. If necessary, a detailed description of the Hanover Complex will be provided to the Contractor after the Contract has been awarded.

• At the request of either party to this Contract and prior to the initiation of work, a conference may be held for the purpose of identifying and clarifying the specific methods and materials to be employed.

• Lack of adequate staff/personnel is not acceptable justification for failing to provide service.

• No travel time shall be paid by the Administration, which means travel time to and from the job site is considered incidental to the other pay items and no additional compensation shall be allowed.

• All de-icing materials will be furnished by the Administration.

• The Contractor shall provide a contact name and a monitored twenty-four (24) hours number for emergency services at bid submission. The Contractor shall be available on twenty-four (24) hours, three hundred sixty-five (365) days per year basis to respond to emergency notifications.

• The Contractor shall prepare a detailed service report daily indicating the date, locations, arrival time, departure time, name of technician(s) performing the work, helper’s name if applicable, a brief description of services performed or to be performed, and any parts and or materials used for the services. Note: No lunch or material acquisition time shall be included on the service ticket without the approval of the SHA Contract Manager or

SHA Authorized Representative. Each service report must be completed, signed by the

SHA Contract Manager or SHA Authorized Representative. Failure to follow these procedures may result in breach of contract and said contract may be terminated.

• All work shall comply with Federal, State, county and local codes, laws, rules and regulations and to the complete satisfaction of the SHA Contract Manager or SHA

Authorized Representative.

• All work performed under the contract shall be done in accordance with the Maryland

Department of Transportation (MDOT) State Highway Administration’s (SHA) specifications entitled, “Standard and Supplemental Specifications for Construction and Materials” of the latest version/revision available at https://www.roads.maryland.gov/mdotsha/pages/Index.aspx?PageId=122 or additions thereto, Maryland Department of Transportation General Conditions for Maintenance

Contracts, and the Special Provisions included in the invitation for bid (IFB) documents. In case of discrepancy between the Special Provisions and all other provisions contained in the contract, the SHA Contract Manager or the SHA

Procurement Officer will be the sole authority as to the proper procedures to follow.

• The Contractor shall meet all Federal EPA, OSHA, and MDE guidelines in the performance of work and proper handling and disposal of waste and or contaminated materials. The SHA Contract Manager or SHA Authorized Representative shall not receive any materials, products, or chemicals that may be hazardous to an employee’s health unless accompanied by a Material Safety Data Sheet when received.

WORK SCHEDULING, RATES & PROCEDURES:

• No work shall be initiated under this agreement until a specific contract has been executed. No minimum number of hours shall be paid per show-up on-site under this

Contract. The Administration will pay only for work performed. Any work performed outside the Scope of Work described in this Invitation for Bids, including emergency work, will not be paid if not preapproved by the Contract Manager.

• Contractor’s equipment, operators and laborers shall be available seven days a week, twenty-four hours a day. Contractor shall respond for work within the timeframe established by the Administration per event as described in the following section “Reporting Times”.

The Administration reserves the right to place any unit of equipment on actual operating time, and to discontinue using any unit of equipment at any time as field conditions require or if a unit is not working satisfactorily. The Administration will be the sole judge in determining whether any unit, equipment and/or personnel, are performing satisfactorily.

https://www.roads.maryland.gov/mdotsha/pages/Index.aspx?PageId=122

REPORTING TIMES

• Pre-determined

When contacted by the designated Administration’s representative and given the required amount of contractor support needed for the given event and notified of a pre-determined time to report, the contractor shall report to the Hanover Complex with the requested forces, checking in with the designated Administration’s representative for specific event, on or before the predetermined start time. The Contractors time will begin at the pre- determined report time provided all equipment is in working order and both equipment and personnel are ready to perform snow and ice removal operations. There will be no compensation for early arrival.

Reporting after the pre-determined time may be considered a "failure to respond", this action may result in termination of contract. (All Workers will be required to record time by signing a sign in sheet when arriving and departing the site. The Forman may provide assistance with verbal/written communication if needed by the worker. This is only if the employee is on site.

• Immediate Response

When contacted by the designated Administration’s representative and given the required amount of contractor support needed for the given event and notified to report immediately, the contractor shall report to the Hanover Complex with the requested forces, checking in with the designated Administration’s representative for specific event, within two hours of notification. The Contractor’s time will start when the requested forces arrive at the Hanover

Complex and check in with the designated Administration with all equipment in working order and both equipment and labor forces prepared to perform operations. However, if and only if the requested contractor support arrives within an hour of said notification, with all equipment in working order and both equipment and labor forces prepared to perform operations, the Contractors time will begin at the time of notification. Reporting any later than two hours after notification may be considered a "failure to respond", which can result in termination of Contract.

EQUIPMENT/LABOR

The Contractor shall provide the following snow removal labor and equipment with operators:

• Skid loader and operator

• 1 - Two and a Half ton 4X4 dump truck with plow and operator or approved equal.

• Contractor is requested to have up to at least 8 laborers available upon request

Equipment, operators and laborers shall be available for work under the direction of the

Administration for snow and ice removal operations. The equipment, operators and laborers under

Contract to the Administration shall be available on an “as needed basis” seven days a week, twenty-four hours a day.

The Administration’s representative will determine the number and type of equipment necessary for each snow/ice event, not to exceed two of each type/piece as well as the number of additional laborers, not to exceed 8.

The Contractor shall be responsible for having and maintaining all safety equipment as required by the Administration, including but not limited to working lights, amber safety lights, horns, heaters, wipers, defrosters, and backup alarms.

The Administration will inspect all equipment that is proposed to be used by the Contractor for this Contract prior to the notice of Award.

• The intent of this IFB is for the contractor that will perform the work to submit proposals.

Proposals submitted by contractors with the intent to subcontract the commercial snow and ice removal work per the scope of work in this IFB will be considered non-responsive.

• Man-hours paid under the contract shall be only for productive hours at the job site.

Time spent for transportation of workers, lunch, material acquisition, handling, and delivery or for movement of Contractor owned or rental or owned equipment is not chargeable directly but is overhead and shall be included in the hourly rate for basic labor on the Bid Price Form. No minimum show-up time shall be paid under this contract.

• The Contractor shall sign-in and sign-out at the administrative office of the facility when reporting for work and when leaving. When signing out, the Contractor must present an

“Activity Report” detailing the work performed that day. This document will become part of the Administration’s records and used when verifying payment. The Contractor will not be paid if there is no written record of sign-in and sign-out times.

• The Contractor shall leave the work area clean and free of materials, debris, accumulated waste or rubbish, and Contractor’s equipment to the satisfaction of the SHA Contract

Manager or SHA Authorized Representative. The Contractor shall be responsible for removal and disposal of all debris and defective materials resulting in performance of the service in strict accordance with all applicable regulations, codes, laws, and ordinances.

If the Contractor does not clean area upon completion, the penalties and fines applicable by law to clean the area shall be deducted from the Contractor's invoice as liquidated damages.

• 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. The intent of this IFB is for the successful bidder to be the contractor performing the commercial snow and ice removal work under the contract. General contractor’s bidding with the intent to subcontract the commercial snow and ice removal work will be deemed as non-responsible and their bid will not be considered.

• The Administration reserves the right to limit the number of persons performing the work as required. The Administration may, at its discretion, limit any personnel from performing service, require temporary or permanent removal of the employee from work being performed, or require additional training of personnel at no cost to the

Administration.

INSURANCE REQUIREMENT

The Contractor shall maintain Commercial General Liability Insurance with limits sufficient to cover losses resulting from, or arising out of, Contractor action or inaction in the performance of the contract by the Contractor, its agents, servants, employees, or subcontractors, but no less than a Combined Single Limit for Bodily Injury, Property Damage, and Personal and Advertising

Injury Liability of $1,000,000 per occurrence and $3,000,000 aggregate.

The Contractor shall maintain Automobile and/or Commercial Truck Insurance as appropriate with Liability, Collision, and Personal Injury Protection (PIP) limits no less than those required by the State where the vehicle(s) is registered but in no case less than those required by the State of Maryland.

The Contractor shall maintain Employee Theft Insurance with minimum limits of $1,000,000 per occurrence.

Within five (5) business days of recommendation for contract award, the Contractor shall provide the MD SHA Procurement Officer and MD SHA Maintenance Supervisors with current certificates of insurance and shall update such certificates from time to time but no less than annually in multi-year contracts, as directed by the Procurement Officer. Such copy of the

Contractor’s current certificate of insurance shall contain at minimum the following:

• Workers’ Compensation: The Contractor shall maintain such insurance as necessary and/or as required under Workers’ Compensation Acts, the Longshore and Harbor

Workers’ Compensation Act, and the Federal Employers’ Liability Act.

The Maryland State Highway Administration shall be listed as an additional insured on the policies except for Worker’s Compensation Insurance. All insurance policies shall be endorsed to include a clause that requires that the insurance carrier provides the SHA Procurement Officer and SHA Contract Manager by certified mail not less than 45 days’ notice of any non-renewal, cancellation, or expiration. In the event the SHA Procurement Officer and SHA Contract

Manager receives a notice of non-renewal, the Contractor shall provide the SHA Procurement

Officer and SHA Contract Manager with an insurance policy from another carrier at least 30 days prior to the expiration of the insurance policy then in effect. All insurance policies shall be with a company licensed by the State to do business and to provide such policies.

UNSATISFACTORY WORK:

The Contract Manager or his representative shall inspect all work performed and be the final judge in determining if the work has been performed correctly and completely. All unsatisfactory findings shall have corrective actions made within forty-eight (48) hours of discovery. Any temporary corrective actions shall be made permanent within ten (10) business days of the initial discovery of unsatisfactory work. There shall be no cost to SHA for redoing the work.

CONTRACT MANAGER

The SHA Contract Manager for the contract is Chris Gallo, who can be reached by phone at 410-

582-5572, or by email at cgallo@mdot.maryland.gov The Contract Manager may appoint other

SHA Authorized Representatives serve in an identical capacity for the duration of the contract.

PAYMENT:

All authorized service calls for labor, parts, and or materials shall be paid according to the hourly rates listed on the completed Price Form.

The invoice terms shall be net thirty (30) days upon receipt of completed correct invoice.

The invoice for service and or repairs shall be submitted within fifteen (15) calendar days from the date of service. Any work performed at the end of June shall be submitted no later than July

5th to comply with SHA's fiscal year end requirements.

mailto:cgallo@mdot.maryland.gov

All invoices shall include the following information. Failure to do so may result in delay of payment. Invoices held for verification, missing information, or returned for corrective re-submittal shall not be subject to late fees.

• Company name

• Complete remittance address

• Company telephone number

• Contact person

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number)

• Invoice date

• An unique invoice number

• SHA assigned BPO number (blanket purchase order) or contract number

• Details of services performed o Itemized date o Location of services o Work time

• Number of man hours for each category of labor

• Labor rates

• Parts and or material charges (when applicable)

• Equipment rental fees (when applicable)

• Sub totals for different category of charges

• A total amount due

• Copies of invoices or receipts for any parts, materials, and or rental equipment listed for reimbursement (when applicable)

• Copies of activity report/service tickets/work order and or SHA Maintenance’s

Vendor Request Work Order form (when applicable)

Invoices shall be sent to the following address:

Maryland State Highway Administration

Office of Maintenance

Facility Operations Division

7491 Connelley Drive

Hanover MD. 21076

MD SHA is exempt from Maryland Sales Taxes and Use Taxes by Exemption Certificate

Number 3000256-3 and from Federal Excise Taxes by Exemption Number 52-73-0358K. No tax price shall be included on the invoice.

All invoices under $5,000.00 may be charged to the State Corporate Purchasing Card.

BASIS OF AWARD:

• The unit prices quoted are required for establishing a unit cost for each service and providing a grand total for the purpose of evaluating bids. The award will be based upon the lowest grand total bid and be awarded to the lowest responsive and responsible bidder for the services required.

• This scope of contractor services/scope of work does not commit the State to award a contract. The contents of the bid may become contractual obligations if a contract ensues. Failure of the Contractor to honor the obligations stated in this scope of contractor services/scope of work and related sections may result in termination for default.

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.

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

3.3.1 Invoice Submission Schedule

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

A. For items of work for which there is one-time pricing (see Attachment B –The Bid

Price Form), those items shall be billed in the month following the acceptance of the work by the State.

B. Invoices for work performed on a labor hour or time and materials basis shall be submitted on or before the 15-business day of the month following the end of the invoice period.

3.3.2 Travel Reimbursement

Travel will not be reimbursed under this IFB.

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.

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.

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

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.

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 if subcontractor is approved by the contract monitor.

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.

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

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).

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:

Sample-Short-form-Contract-for-Small-Procurements-fillable.pdf

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 https://procurement.maryland.gov/wp-content/uploads/sites/12/2025/05/Sample-Short-form-Contract-for-Small-Procurements-fillable.pdf employee benefits, and shall not become so in arrears during the term of the Contract if selected for

Contract award.

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/

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 Bid Price Form (as specified within eMMA)

Do not alter this Bid Price Form or the Bid may be determined to be not responsive. The Bid 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

Price Form.

C

Conflict of Interest Affidavit and Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf

Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

D

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

E

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 E. 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-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-J.-Mercury-Affidavit.pdf…