WASH BAY

Solicitation #: 34WASH27SB IFB Document

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

SHA

INVITATION FOR BIDS (IFB)

WASH BAY

IFB NUMBER 34WASH27SB

ISSUE DATE: 10/24/2025

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

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.

KEY INFORMATION SUMMARY SHEET (KISS)

6500 S E Crain Highway Upper Marlboro Md, 20772

Email:

Phone Number:

sspeight@mdot.maryland.gov 301-952-0555

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

See Section 4.3 for additional details.

See Attachment 2 to RSVP by N/A

Site Visit Location: 6500 S E Crain Highway Upper Marlboro Md, 20772 Front office To attend the site visit please contact the Procurement Officer via Email no later than 10/29/2025 2:00 PM

Marlboro Shop Front Office 2:00 PM Local Time Marlboro Shop Maintenance Facility

6500 S E Crain Highway Upper Marlboro Md, 20772

Minimum Qualifications Bidder Minimum Qualifications All bidders shall have at least five (5) years’ experience in providing maintenance, inspection and repair work on industrial high pressure hot water washer systems and shall have two (2) full-time experienced service technicians. The service technicians shall have a minimum of three (3) years’ experience and be certified to work on equipment described within. Proof of Vendor’s qualifications may be requested at SHA’s sole discretion.

· All bidders shall submit three (3) references with the bid, name, address, telephone number and point-of-contact of at least three firms, for which the bidder provided maintenance and repair work on industrial high-pressure hot water washer systems within the preceding twenty-four (24) months. References may be checked prior to award. Any negative responses received may result in disqualification of the bid.

The Bidder shall provide its Bid “Attachment E Reference Checks” with one or more references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Contractor Requirements: Scope of Work Summary Statement It is the State’s intention to obtain goods and services, as specified in this IFB, from a contract between the selected Bidder and the State.

The State Highway Administration is soliciting bids for a vendor to provide, preventative maintenance, inspection & repair services, and supplies for the high-pressure wash equipment in the truck wash bay on an “as need” basis at the Marlboro Maintenance Facility located in Prince George’s County, Maryland.

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

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

Background and Purpose The State Highway Administration (SHA) operates the Marlboro Shop Maintenance Facility, located in Prince George’s County, Maryland, which services a variety of state vehicles and equipment. High-pressure hot water wash systems are used in the truck wash bay to ensure vehicles are properly cleaned, maintained, and kept in safe operating conditions. These systems are critical to the daily operations of SHA’s fleet, and consistent preventative maintenance is necessary to minimize equipment downtime and extend the life of the equipment.

The purpose of this solicitation is to provide a qualified vendor to provide preventive maintenance, inspection, and repair services for the high-pressure hot water wash systems at the Marlboro Shop Maintenance Facility on an as-needed basis. The selected contractor will ensure all equipment operates efficiently, safely, and in compliance with all federal, state, and local regulations. This solicitation also seeks to ensure that work is performed by experienced, certified technicians and that all service documentation and warranties are maintained according to industry standards.

Contractor Responsibilities and Tasks Contractors shall provide maintenance, inspection, and repair services for industrial equipment as described in the solicitation.

Contractors shall submit required documentation and reports as outlined in the solicitation.

Contractors shall comply with all applicable federal, state, and local codes, rules, and regulations.

Contractors shall maintain a safe and clean work environment during performance of duties.

Contractors shall follow instructions and requirements specified by the contracting agency.

Contractors should ensure timely completion of tasks and respond to service requests as appropriate. The Contract Bid Form (ATTACHMENT I) shall identify firm pricing for routine supplies used in the operation of the high-pressure wash equipment. Items are:

· Trigger Gun Suttner Model # ST1500 (4000PSI, GPM 12, 3/8” FPT inlet X1/4 FPT outlet) or approved equal.

· Dual Lance Suttner Model # ST-54 w/Side Handle (4000PSI GPM 10, 38” length) or approved equal.

· Hose High Pressure Heavy Duty -(4000 PSI Min) 3/8”x50’ -2 wire.

· Detergent/Soap- Truck Wash MasterChem #Z-702 or approved equal. (Soap shall be biodegradable). Contractor to supply MSDS sheet for bid product. The work to be done under this contract includes but is not limited to; the providing of all labor, materials, supervision, equipment, services, incidentals, and related items necessary to complete the work in accordance with this specification and scope of work.

All items shall be delivered F.O.B. Destination, inside delivery and delivery costs and charges included in the bid unless otherwise stated in the specifications or bid.

NOTE: The successful bidder shall have the capability to place the bulk detergent/soap into storage tank located on mezzanine section approximately twenty (20) feet high without assistance from SHA.

The name of any manufacturer, trade name, or manufacturer or vendor catalog number Mentioned in specifications and /or the contract bid form is for the purpose of designating a minimum standard of quality and type. Such references are not intended to be restrictive or limit competition. Bids will be considered for any brand which meets or exceeds the quality of the specifications listed for any item.

The quantities stated herein are given as a general guide for bidding and are not guaranteed amounts. Actual requirements may be more or less than those estimated herein. The State Highway Administration reserves the right to increase or decrease quantities as required. Quantities are approximate and unit prices bid shall apply regardless of any increase or decrease in the estimated quantities shown herein.

Supplemental Category of Work Requirements and Responsibilities

· The work to be done under this contract includes but is not limited to; the providing of all labor, materials, supervision, equipment, services, incidentals, and related items necessary to complete the work in accordance with this specification and scope of work.

· The Contractor shall respond to repair service calls within seventy-two (72) hours after notification. The Contractor shall provide qualified service technicians to perform the work.

· Service should be made available between the hours of 7:30 AM. - 4:00 PM, Monday through Friday, excluding State recognized holidays.

· The Contractor shall provide preventative maintenance and repair services in accordance with accepted industry standards and manufacturers recommendations. The preventative maintenance schedule shall be coordinated with the SHA authorized representative. Work shall include, but not limited to, inspecting, cleaning, adjusting and lubricating of all moving parts and checks for wear, cracks or broken parts; replacement of filters, lubricants and oil systems, coolant, screens, nozzles, fittings, drive belts; burner, pump and motor cleanings and adjustments.

· The Contractor shall provide "not to exceed' estimates on all work. All work shall be approved by the SHA authorized representative prior to any work being performed. All work should be performed in order to maintain equipment in proper operating condition and to the complete satisfaction of the SHA. SHA can perform on-site inspections at any time during the work.

· The Contractor shall furnish factory warranties on all parts furnished against defect in material and/or workmanship. The factory warranty shall become effective on the date of acceptance by the SHA. Only new Original Equipment Manufacturer (O.E.M.)

material and replacement parts should be used. Equivalent substitutions must be approved by SHA prior to installation. Should any defects in material or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the vendor shall repair or replace the same at no cost to SHA.

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

· Man-hours paid under this contract shall be only for productive hours at the job site. Time spent on transportation of workers, lunch, material acquisition, handling and delivery, or for movement of contractor owned equipment is not chargeable directly.

but is overhead and shall be included in the hourly rate bid for basic labor unless prior approval is granted by the Contract Manager.

· All parts/materials used by the contractor shall be billed to SHA at actual cost to the Contractor plus percentage of markup. The percentage of markups shall not exceed twenty (20) percent. SHA has the option to directly purchase any individual part/material for the service/repair that exceeds $300.00 in cost. A copy of the Contractor’s source invoice(s) for all parts/materials used for repairs/services must accompany his invoice in order to be reimbursed. Payments shall not be made for any parts/material without the proper documentation attached to the Contractor’s original invoice.

· The Contractor shall be allowed a service fee per call out. However, only (1) service fee shall be paid for any individual day.

· Normal work shall consist of one (1) experienced service technician. On complicated work assignments, additional service technicians or apprentice/helper may be used if pre-approved by the SHA authorized representative.

· The Contractor shall maintain a stocked service truck with incidental materials, supplies, tools, ladders, and equipment, to provide services as described in the “scope of contracting services”.

· During each delivery of supplies, the Contractor shall be responsible to check the operation of the equipment and perform minor adjustments/repairs. The Contractor shall be responsible for all incidentals related to these minor adjustments/repairs such as but not limited to hose washers, gun adapters seals, hose bibs etc.

· The Contractor shall keep the premises free from accumulation of waste materials or rubbish caused by his operations at all times. The Vendor shall leave the work area clean and free of materials, debris, and vendor equipment to the satisfaction of the authorized SHA authorized representative. Vendor shall be responsible for removal and disposal of all debris and defective materials removed in performance of the work and in strict accordance with all applicable regulations, codes, laws, and ordinances.

See the attached Bid Form associated with this solicitation.

Standard Terms and Conditions 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.

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.

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.

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 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 _5th__ business day of the month following the end of the invoice period.

Travel Reimbursement Travel will not be reimbursed under this IFB.

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/GADX10Form20150615.pdf.

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.

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.

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/.

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.

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:

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

1. 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.

1. 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.

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.

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.

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

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.

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.

Bid Submission Information and Instructions 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.

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.

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.

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.

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.

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.

Bid Due (Closing) Date and Time Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR 21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

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

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.

Duration of Bids Bids submitted in response to this IFB are irrevocable for the latest of the following: 90 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.

Revisions to the IFB 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.

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

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.

Cancellations This IFB may be cancelled as provided in COMAR 21.06.02.02 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.

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).

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).

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.

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).

Bidder Responsibilities 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.

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.

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.

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.

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.

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.

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.

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.

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.

Attachments and Documents Required with the Bid (Table A) A Bidder shall include the following Attachments with its Bid as a single Bid Package:

TABLE A - Attachments and Documents Required with the Bid

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

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.)

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.

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

(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.

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.

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.

Tie Bids Tie Bids will be decided pursuant to COMAR 21.05.02.14.

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.

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