IFB_Template_LIT414458R.docx

5 Man Litter Pick-up Solicitation #: LIT414458R IFB Document

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

MARLBORO SHOP

INVITATION FOR BIDS (IFB)

LITTER PICK-UP MARLBORO SHOP

IFB NUMBER LIT414458R

ISSUE DATE: 4/18/2025

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

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

Marlboro Shop Maintenance Facility

_____% for African-American MBEs;

_____% for Asian-American MBEs;

_____% for Hispanic-American MBEs; and _____% for Woman-Owned MBEs.

N/A

N/A

Table of Contents - IFB

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

The Contractor shall have no less than two (2) years of experience in providing the services as detailed in this IFB. By submitting a bid, the Contractor certifies to the Administration that they possess all necessary equipment, facilities, personnel, and work experience to fulfill the terms of the Contract at the time of bid submission, or that they shall have the necessary equipment and personnel and be ready to proceed on the date of “Notice to Proceed”.

The Contractor shall furnish all supervision, labor tools, equipment, and materials to perform all work in accordance with the specifications and scope of work in the manner called for, and to the satisfaction of the State Highway Administration. Minimum size of the litter bag is a 35-gallon trash bag. Vendor to use best practices established in the service industry to perform this work. All work to be done in a safe manner, adhering to OSHA and MOSH regulations and standards. Vendor shall be licensed & insured to perform work in the State of Maryland.

The Contractor shall submit with the bid a Contractor Reference Form (Attachment L Reference Checks). References may be checked prior to the award of the Contract. Any negative responses received may result in disqualification of the bid.

The Contractor must be fully qualified to legally provide the services detailed in this Contract within the State of Maryland. All applicable Federal and State laws and regulations must be followed by all parties when performing work related to this Contract. This is a non-exclusive Contract. It does not include all work expected to be performed in the designated areas. Therefore, at times, other Contractors may be performing similar work that is not associated with this Contract.

Bidder shall employ personnel who are capable of comprehending and answering screening questions required for building entry, including but not limited to, questions about recent exposure to pathogens. Any personnel unable to comprehend and accurately answer screening questions will not be granted access to the building and may be precluded from working under the contract.

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Contractor Requirements: Scope of Work 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”): This work consist of providing pre-scheduled Roadside Litter Pick-up Consist of MD 414 and MD 458 in Prince Georges County and to be utilized during the Spring, Summer, Fall and Winter 2025-2026 (approx. 2 Years). MDOT/SHA is requesting bids on 150 Crew Days to be completed during these months. The contractor or management of the contract should have a minimum of 2 years’ experience in providing similar services.

This Contract consists of as-needed roadside litter pick up at various locations in Prince George’s County. Work activities include removal of trash, litter, and debris including recap, organic debris, bottles, cans, cardboard, paper, tires, metal etc. into a minimum 35-gallon trash bag. This also includes the removal and clearing of debris from inlet gates along the shoulder. No animal carcasses will be the responsibility of the contractor. This is a non-exclusive Contract. It does not include all work expected to be performed in the designated areas. Therefore, at times, other Contractors may be performing similar work that is not associated with this Contract.

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

This is a single bid 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.

Contractor Responsibilities and Task The Contractor shall provide sufficient equipment and manpower. There shall be a minimum of five (5) laborers on the road as herein described. A minimum of (5) workers shall be on the roadside always performing litter pick-up work and will consist of one (1) foreman and four (4) crew member. Any crew less than a 3-person crew will not be allowed.

MDOT/SHA will provide all “Maintenance of Traffic” related items on this contract. This includes all signs and one protection vehicle (Attenuator Truck) with MDOT/SHA operator The contractor shall work within the work zone always provided by the MDOT/SHA operator. At times the protection vehicle/operator work may be provided by an operator contractor employed by MDOT/SHA.

The work on this project shall conform to the Maryland Department of Transportation, State Highway Administration’s Specifications entitled, Standard Specifications for Construction and Materials Book” revisions thereof, or additions thereto, (See the “Notice to Contractor-Request for Information” for the revision applicable to this Contract). And the provisions included in this Invitation for Bids. In case of discrepancy between the Standard Specifications and all other provisions contained in the Contract, the Contract Manager will be the sole authority as to the proper procedure to follow. The 2021 Standard Specifications for Construction and Material book is only available on the Administration’s Internet Site at www.roads.maryland.gov. The 2021 Specification Book Standards and Specifications; and Standard and Supplemental Specifications for Construction and Materials which is available for pdf download.

Full size Double cab pick-up Truck with Bed or MDOT/SHA Approved Equivalent equipment Capable of transporting all equipment and personnel to job site and hauler litter. Vehicle must have the amber 360-degree rotating safety light. Safety equipment required by MOSH and OSHA for litter pick-up, including ANSI category III safety vests, gloves, medical kits, adequate drinking water for workforce, and all generally duty items for safety while performing the work.

*** The Contractor shall provide the administration a total # of full litter bags collected and disposed of daily. This shall be kept in a logbook and provided to the administration as needed.

*** LOCATION OF WORK; Prince George’s County State/US roadways and right of ways that are maintained by MDOT/SHA. This Contract maybe used on any state-maintained roadway or property in Prince George’s County.

Supplemental category of Work Requirements and Responsibilities Work Scheduling A. SHA estimates that there will be a minimum of three (3) consecutive workdays every two weeks in Prince Georges County over the course of the contract until the workdays have been depleted. For some cycles of litter pick-up, MDOT/SHA expects some cycles could be more than 3 days total, as litter is intermittent and varies due to other factors. The days needed at any time maybe altered at the discretion of the Contract Manager to achieve certain goals or focus on certain high litter areas.

B. As directed by the Contract Manager: Working hours shall be 7:30 A.M. to 4:00 P.M. Monday through Friday with the exception State Holidays. Work will not be permitted on Saturdays, Sundays, or State Holidays without the written permission of the Contract manager. The Contractor shall receive daily orders from the Contract manager. Most, if not all, of the work shall be roadside litter pick-up. At times the Contract Manager may direct the Contractor to pick-up litter at Administrations Facilities such as the Maintenance Shop, salt domes, etc. Litter pick-up Crew should report to the shop promptly at 7:00A.M., unless directed to do otherwise or report to the roadside by the Engineer.

a. A typical day will be as follows:

b. 7am-report to roadside/yard location as determined by the Contract manger

c. 10:00- 10 minutes bathroom break (at the closet proximity public restroom facility)

d. 12:00-Lunch ½ hour (at closet proximity facility) 12:30 return to work location

e. 3:00-Return to shop/yard to dispose of trash/metals/tires etc. Fill out paperwork, plan and ready for the next day’s work 3:30 end of workday.

C. Excessive breaks or multiple breaks will not be permitted. If breaks are not coordinated by the Contractor’s foreman efficiently as possible, the vendor shall be docked for a prorated hourly rate.

D. Time spent picking up litter.

E. Time spent placing litter in roll-off dumpster provided by the Administration at the end of the day or during the day. (The timing of dumpster runs shall be prudent and take efficiency of the operation into consideration).

F. Time spent making minor equipment adjustments.

G. Not included in this 8-hour working day is the time spent making major repairs (any repair requiring 1 hour or more), nor time spent on routine equipment maintenance.

H. Not included in this 8-hour working day are times when crew cannot work due to inclement weather, i.e., rain, high winds, etc.

I. Not included in the 8-hour workday is a lunch break not to exceed ½ hour.

J. Travel time from the initial SHA reporting site to other SHA reporting site (no time shall be counted while mobilizing to the original SHA worksite for the day).

If the Contractor begins scheduled work and the Contract Manager cancels it because of weather conditions, the Contractor will be paid a minimum of 4 hours for the Litter Pick-up Crew. Partial days where 4-hour minimums are paid, contractor shall be paid at ½ the full daily rate. If the Contract Manager cancels work due to weather conditions, at least 2 hours before the work begins, no “show up” time will be paid. If less than 2 hours of notice are provided prior to the normal start time1/2 of the daily rate will be paid. There will not be a guarantee of 8 hours per day.

Procedures A. The Contractor shall make available all necessary equipment to perform litter pick-up activities. This shall include, but is not limited to:

B. Full Sixed Double Cab Pick-up Truck with Standard Bed or MDOT/SHA Approved Equivalent equipment-capable of transporting all equipment and personnel to job site and hauling litter. The vehicle must have the amber 360-degree rotating safety lights.

C. Trash Bags (minimum 35-gallon) and pickup devices for litter pick-up, buckets etc.

D. Shovels, Brooms and Cellphone with spare battery/charger for continuous access to communication.

E. The Contractor shall ensure all work completed under the Contract is performed according to the specifications of this IFB and industry standards.

F. The Contractor shall be responsible for any damages to administration equipment, facilities, surfaces, fixtures, (including, but not limited to guardrails and signage), furnishings, or other facility contents, and to private property, caused by Contractor’s personnel operating under the Contract. Any such damage will be repaired by the Contractor’s company’s expense and to the satisfaction of the MDOT/SHA. The Contractor shall notify the Contract Manager within twenty-four (24) hours of any damages to private or State property. The Administration reserves the right to deduct from monies due to the Contractor any cost incurred for the repair and/or replacement of Administration property damaged by the Contractor.

G. If the Contractor does not provide all equipment and labor required for the scheduled work each day, The Contractor, at their discretion, may cancel work that day without payment to the Contractor.

H. Throughout the term of this Contract, the Contractor will be rated by the Contract Manager, or their Authorized Representative, for his/her reliability and the quality of work provided in accordance with the worksheet in Attachment III- Contractor Reliability and Quality Rating. The Contractor will be rated monthly after he/she submits a bill for each invoice periods worked, or at the discretion of the Contract Manager for Reliability, Quality of work, Equipment Performance, and cooperation of personnel. If the Contractor receives a rating of C or less for two (2) consecutive ratings, the Administration reserves the right to terminate the Contract. The Contract Manager shall be the sole judge as to whether the Litter Pick-up performed under the contract is satisfactory.

I. Failure of the Contractor to fulfill any requirement included in this IFB may result in a finding of deficiency and shall automatically constitute sufficient justification to allow the MDOT/SHA to obtain comparable services on the open market. Any increased cost over the Contract price will be charged to the Contractor. Unsatisfactory performance, or violation of any portion of the Contract will result in the issuance of a “Notice of Unsatisfactory Performance” (Attachment III). Non-safety related deficiencies must be corrected within forty-eight (48) working hours after notification by the MDOT/SHA. Safety related violations must be corrected prior to the next assigned working day, or no more than twenty-four (24) hours after notification by MDOT/SHA, whichever is less. Any accumulation of three (3) or more “Notice of Unsatisfactory Performance” within a six (6) month period may result in termination of the Contract.

J. The “Litter Pick-up Crew” shall be fully compensated for all incidentals to complete the work in this Contract in picking up the litter. Work shall be a minimum of (3) workdays at each county or until all work items assigned by the representative are completed.

K. The Contractor shall have the following labor available for completion of his work and include the following in the price bid for “Litter Pick-up crew”.

L. All personnel performing under the contract must adhere to current MDOT/SHA building safety protocols, including, but not limited to, participating in entry questionnaires, and utilizing proper personal protective equipment (PPE). Failure or refusal to adhere may result in denial of initial access to, or removal from, the MDOT/SHA facility. Repeated failures to adhere to may result in personnel being precluded from working under the contract.

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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.

Invoices shall be sent to the following email address: D3MarlInv@mdot.maryland.gov 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. For Items of work for which there is annual pricing (see Attachment B–The Price Form), those items shall be billed in the month following the acceptance of the work by the state.

C. 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.

D. Invoices for deliverables shall be submitted upon completion and acceptance of the deliverables as defined in Section 2 of the IFB.

Materials Reporting Submit evidence to support the cost of materials and that billing on the invoice is consistent with the requirements stated in Section 2 of the IFB.

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

B. The amount invoiced is inconsistent with the Contract.

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

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

E. The item or services have not been accepted.

F. The quantity of items delivered is less than the quantity ordered.

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

H. If the Contract provides for progress payments, the proper invoice for the progress payment has not been submitted pursuant to the schedule.

I. If the Contract provides for withholding a retainage and the invoice is for the retainage, all stipulated conditions for release of the retainage have not been met; or J. The Contractor has not submitted satisfactory documentation or other evidence reasonably required by the Procurement Officer or by the Contract concerning performance under the Contract and compliance with its provisions.

Travel Reimbursement Travel will not be reimbursed under this IFB.

Liquidated Damages MBE Liquidated Damages MBE liquidated damages are identified in Exhibit 2 - Sample Contract.

Inapplicable because there is no MBE goal for this IFB.

Liquidated Damages other than MBE This section is inapplicable to this IFB.

Work Orders

THIS SECTION IS INAPPLICABLE TO 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. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form.

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form, must include the business identification information as stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded from the Comptroller’s website at: http://comptroller.marylandtaxes.com/Vendor_Services/Accounting_Information/Static_Files/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” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at: http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

Federal Funding Acknowledgement This Contract does not contain federal funds.

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 21.05.08.08A.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

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

Non-Disclosure Agreement (Contractor) A Non-Disclosure Agreement (Contractor) is not required for this procurement.

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:

Comprehensive General Liability- Broad form combined single limit of one million dollars and no cents ($1,000,000.00).

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.

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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. Registration is free. 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:

A. Submission of Bond documents determined by the State to require original signatures; or B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

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

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

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 in order to facilitate better preparation of their Bids. If the solicitation includes an MBE participating goal, failure to attend the Conference will be taken into consideration as part of the evaluation of a bidder’s good faith efforts if there is a waiver request.

It is highly recommended that all Prime Contractors bring their intended subcontractors to the Conference/Site Visit to ensure that all parties understand the IFB requirements and the socio-economic goals for this solicitation.

MBE subcontractors are encouraged to attend the Conference to market their participation to potential prime contractors.

In order 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 effort 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.

SITE INVESTIGATION

By submitting a bid, the vendor acknowledge that he has investigated and satisfied himself as to the condition affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, or other environmental factors that may impact the work to be performed. Any failure by the contractor to acquaint himself with the available information will not relieve him from responsibility for any conclusions or interpretations made by the contractor of the information made available by MDOT.SHA.

Questions All questions, including concerns regarding any applicable MBE or VSBE participation goals, 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.

Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

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. The Procurement Officer may, however request vendors to extend the time during which the State may accept their bids. Once a bid is accepted, all prices, terms, and conditions shall remain unchanged throughout the contract period.

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 applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s) for this solicitation shall be identified using Attachment D or Attachment E as appropriate. Guidance for completing the Attachments is provided in the appropriate Appendix or Appendices to this IFB (see “Appendix 4 - MBE Participation Goal” and “Appendix 5 - VSBE Participation Goal”).

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 containing confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, 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.

The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as confidential shall accompany the Bid and shall be readily separable from the Bid to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

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:

Attachments A through E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments F through R = Bid may be rejected if the required Attachment is not submitted or is incomplete.

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.)

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https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf

(for Services and Facilities Maintenance Contracts - See Appendix 6 for Details) N/A

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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.

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(Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past 5 Years) 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-M.-List-of-Current-or-Prior-State-Contracts.pdf

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-N.-Legal-Action-Summary.pdf

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Anticipated/Used During Contract

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Additional Required Documents with the Bid

Financial Capability. The Bidder must include in its Bid a…