IFB_Template_MOW5210R.docx

MOWING

Solicitation #: MOW5210R IFB Document

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

MARLBORO SHOP

INVITATION FOR BIDS (IFB)

MOWING & LITTER MARLBORO SHOP

IFB NUMBER MOW5210R

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

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”) Marlboro Maintenance Facility is currently soliciting bids for the Roadside Hand Mowing around Guardrails, Signs, Grass Islands, and Culverts with Small Mowing Equipment in Prince George’s County Maryland. The Routes Consist of MD 5 US 301 TO DC Line is a total of 80.0 AC and MD 210 from Charles County Line to DC Line is 145.0 AC. A total of 225.0 Acres for both roads. Basis of payment for this service shall be included in the costs and job functions of the crew.

This Contract wilk be used as needed to support State Highway Administration mowing. Efforts during the 2025 Spring Mowing season.

It is the State’s intention to obtain goods and services, as specified in this IFB, from a contract between the selected candidate 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 This contract is for the hand mowing of guardrails, signs, grass islands, and around culverts in medians and/or shoulders at the various locations in Prince George’s County.

The main intent of this contract is to mow grass where larger tractor mowers are unable to reach. This contract is bid on as cycles (defined below) for all areas listed.

All work performed must be in compliance with OSHA, MOSH, and the MUTCD Traffic Guidelines and be performed in a professional manner. Vendor shall have been in the commercial mowing business for a minimum of 3 years or have employees with similar hands-on experience and be fully licensed to perform work in the State of Maryland.

The roadway hand mowing contract will be bid on as Cycles and should be invoiced at the completion of each cycled work that is completed. Prior to award, contractor may be required to submit a listing of equipment and manpower to verify their ability to perform the work in an efficient and effective manner.

Timeframe: this contract will be used as needed mainly beginning approximately mid-April 2025. Specific dates will be communicated to the successful bidder by the engineer upon award. Each call out will be a minimum of five (5) consecutive weather permitting business days. Some callouts may be longer due to seasonal environmental factors and will be discussed with the awarded bidder.

The contract shall end upon exhaustion of all the successful low bid amount or 24 months, whichever comes first.

This is a non-exclusive Contract. It does not incl 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.

*** The Contractor shall have adequate equipment and staff to meet these requirements.

*** LOCATION OF WORK; Prince George’s County State/US roadways and 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 Bid Lines A. Crew Day (line#1 of bid form):

B. Estimated at 35 full cycles days (starting approximately in April 2025, minimum 5 consecutive weather permitting business days per callout0

a. A typical day will be as follows:

b. Starting at 7:00 am and cleaning at 3:30 pm

c. Base Crew consists of 4 staff in total

d. Includes one working foreperson/supervisor (shall be capable of performing all duties)

e. Include three general laborers

f. All staff shall work to always perform the duties of the contract No idle time shall be paid under this contract.

Crew day may start on the roadside predetermined location or at the MDOT/SHA shop yard, depending on the engineer’s discretion and daily requirements.

Crew day may end on the roadside predetermined location at the MDOT/SHA shop yard, depending on the engineer’s discretion and daily requirements.

Crew shall meet and begin each day at a location agreed upon and approved by the MDOT/SHA engineer.

If the contractor fails to provide a full-based crew of 4 staff, the rates will be as follows:

C. 3-Man, crew paid at 75% of crew day D. No other crew sizes below this will be allowed If contractor has been called in and reported for services and weather or other conditions exist that are not the fault of the contractor, a minimum of ½ crew day shall be paid for any time up to 4 hours. Anything above this amount shall be paid at the full daily rate.

E. Additional General Labor (line#2 of bid form):

Estimated at 100 labor hours This additional labor is to support the crew if the contractor has available extra labor from time to time.

All staff shall work to perform the duties of the contract at all time Additional staff will be assigned as needed to increase productivity F. Overall Guidelines:

G. Grass shall be cut to 3” finished height.

H. Grass shall be cut a minimum 36” width from any sign pole or delineator leaving a 72” diameter cut. * Note: All are between two post mounted signs to be cut. ** see drawings ** I. All grass mowed in front of the guardrail to pavement edge ** see drawings** J. All grass mowed behind shoulder and median guardrail to woods line, bottom of ditch, or water edge, or 60” minimum in front or behind guardrail.

K. All grass mowed from pavement edge to pavement edge on median guardrails where grass is the full width of the median.

L. For ramps: curbs shall be trimmed to expose all concrete- grass may not overhang surface.

M. All grass beneath all guardrails ** see drawings**.

N. All grass along concrete barriers, and bridge structures. ** see drawings**.

O. All grass islands at intersections P. All grass around culverts, not to include residential driveways, is to be mowed a minimum of 36” width around structure.

Q. All grass shall be cut a 36” minimum around SHA lighting poles and signal lighting support poles. ** see drawings** R. All grass is to be mowed in a direction so as not to throw grass or objects toward the roadway. Any grass on paved surface is to be swept or blown off before leaving site.

S. Grass is to be mowed around all guardrails, light poles, signs and culverts progressively along the highway. No skipping around unless determined and approved by the Engineer.

T. All mowers are to be equipped with turf tires as to not cause damage to turf.

U. All mowers are to have blades sharp enough to give an even cut.

V. All vehicles on site must be equipped with a 360-degree amber warning light with at least two rotating or flashing bulbs.

W. All personnel must wear a class III safety vest or equal work shirt, have appropriate footwear, hearing and eye protection meeting OSHA standards.

X. SHA will provide all lane closure permits and all Maintenance of Traffic for this contract. This will consist of:

One Truck Mounted Attenuator (Protection Vehicle) with MDOT/SHA operator All signs required by MUTCD (Manual on Uniform Traffic Control Devices) standards and as the Lane Closure Permit requires.

Y. Contractors shall work within the work zone established by MDOT/SHA and the protection vehicle.

2.3.2 Required Equipment

Pick up with equipment trailer (with amber top lights visible) Transportation for staff/employees.

Two ea.36” to 46” Zero Turn Mower (s), Stand-on Mowers, or commercial walk-behind mower with Mulch attachment or rear discharge (grass cannot be thrown on pavement surface or directed at vehicles) Small 20-22” Walk behind/push mower to cut in obstructed areas Commercial Grade String trimmers for guardrails and vertical objects (one for each employee plus 2 backup units) Adequate replacement line and fuels Rakes, blowers, etc. to help remove debris and clippings if needed Litter pickers 30-gallon bags for removal of trash and litter debris Litter Pickup shall be performed in all areas prior to being mowed as the contractor moves from area to area. NO LITTER shall be mowed or spread along the area and must be cleaned up by the contractor. Contractors collect litter in bags and provide a count weekly to the engineer. Contractor may utilize the Upper Marlboro Shop litter dumpster for drop off.

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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.

The Blanket Purchase Order (BPO) issued as a result of this solicitation, and any subsequent amendments, modifications or options issued relevant to this solicitation or BPO, complies with all the terms, conditions and specifications issued with this solicitation and is incorporated in and made part of the Contract – see Exhibit 2 - Sample Contract.

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.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

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.)

N/A

N/A

N/A

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

N/A

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.

N/A

N/A

(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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N/A

Additional Required Documents with the Bid

Financial Capability. The Bidder must include in its Bid a commonly-accepted method to prove its fiscal integrity.

If available, the Bidder shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance Sheet, for the last two (2) years (independently audited preferred).

In addition, the Bidder may supplement its response to this Section by including one or more of the following with its response:

· Dun & Bradstreet Number and Rating;

· Standard and Poor’s Rating;

· Lines of credit;

· Evidence of a successful financial track record; and

· Evidence of adequate working capital.

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in IFB Section 1. If references are required in IFB Section 1, those references shall be included in Attachment L. Reference Checks.

Acknowledgement of all addenda to this IFB.

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 (BY LOT) 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.

BY LOT is defined as all items or none. The bidder must bid ALL line items.

Vendor shall submit a bid price based on product description (specification) and unit of measure specified on each line. For example:

Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation required by the Procurement Officer; and (2) the Contract is signed by the Department following any 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.