K00R3600184 Small Procurement Trail Bridge at Tuckahoe State Park final 7.11.23.pdf

Maryland Park Service Trail Bridge for Tuckahoe State Park 1 of 33 Revised 2/11/2020

INVITATION FOR BIDS

eMMA#: BPM038734

Issue Date: July 14, 2023

Department of Natural Resources Maryland Park Service

Trail Bridge for Tuckahoe State Park

NOTICE

A Prospective Bidder that has received this document from the Maryland Department of Natural Resources – Maryland Park Service website or procurement.maryland.gov, or that has received this document from a source other than the Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to this IFB, should immediately contact the Procurement Officer and provide the Prospective Bidder’s name and mailing address so that addenda to the IFB or other communications can be sent to the Prospective Bidder.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED

TO RESPOND TO THIS SOLICITATION

https://procurement.maryland.gov/

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STATE OF MARYLAND

Maryland Department of Natural Resources Maryland Park Service

IFB KEY INFORMATION SUMMARY SHEET

Invitation for Bids:

eMMA#: BPM038734

Solicitation Type: One Time Purchase

IFB Issue Date: July 14, 2023

IFB Issuing Office: Department of Natural Resources-Maryland Park Service

Procurement Officer: Blessing Gunden

580 Taylor Ave, B - 4 Annapolis, MD 21401 Phone: 410-260-8043 e-mail: Blessing.Gunden1@maryland.gov

Agency Contract Monitor:

or /Administrator Dan Hudson 580 Taylor Ave Annapolis, MD 21401 e-mail: dan.hudson@maryland.gov

Closing Date and Time: August 4, 2023 at 2:00 p.m. Eastern Time

Term of Contract: One Time Purchase

Submit bids by uploading to eMMA before Bid due date and time.

https://emma.maryland.gov/.

If you have difficulties submitting your proposal in eMMA, please contact the Help desk at eMMA.helpdesk@maryland.gov All Bids Proposal Must be submitted in eMMA. Submissions not Sent through eMMA will Not be Accepted https://emma.maryland.gov/

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CONTENTS OF THIS SOLICITATION PACKAGE

Section A General Information Section B Terms and Conditions Section C Specifications Section D Supplemental Terms and Conditions

Attachment A Minority Business Enterprise Utilization Procedures Attachment B Bid/Proposal Affidavit Attachment C Contract Affidavit Attachment D Mercury Affidavit Attachment E Conflict of Interest Affidavit and Disclosure Attachment F Company Profile Attachment G No Bid Notice

Attachment H Small Business Reserve Affidavit (if applicable)

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SECTION A

GENERAL INFORMATION

Trial Bridge at Tuckahoe State Park

A. OBJECTIVE:

The purpose of this Fixed Price contract is to obtain a source of supply for Maryland Department of Natural Resources-Maryland Park Service a permanent prefabricated bridge for Tuckahoe State Park at a firm fixed price for the term as shown herein. The State may award one-time or multiple contracts to the lowest responsive and responsible Bidder.

Successful Vendor(s) shall be responsible for ensuring that the prefabricated bridge supplied is in accordance with the Section C-Detailed Specification. The State reserves the right to inspect each load prior to acceptance by the State, for compliance with the specifications herein. Inspection may be made by an authorized representative of the State at the source of supply, point of delivery, or both.

B. BASIS OF AWARD:

1. The award for this solicitation will be made to the responsive and most advantageous to the state determined by the Procurement Officer to be in the best interests of the State of Maryland.

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

Unit of Measure (U/M) –

Specification –

C. METHOD OF BIDDING:

All bids, affidavits, and/or responses to attachments shall be submitted electronically through eMaryland Marketplace Advantage (eMMA) with the bid response. Bids submitted through the mail, faxed, hand delivered, etc. will not be accepted or considered.

Multiple or alternate bids will not be acceptable.

D. TERM OF CONTRACT:

1) Refer to the IFB KEY INFORMATION SUMMARY SHEET (page 2) for the complete term of the contract. Any renewals solicited with this contract or any part of the contract may be renewed by the mutual agreement between Maryland Department of Natural Resources – Maryland Park Service and the Contractor.

2) Contracts will remain in effect for the time period and quantity specified unless the contract is terminated by the

State. The State may terminate any contract without showing cause upon thirty (30) days written notice.

3) Any item listed herein not delivered in a timely manner or does not conform to the requirements of the contract, may be purchased on the open market by the using agency. The Contractor will be charged for any product cost incurred by the State that is in excess of the contracted price.

E. PRICE ESCALATION:

Not Applicable

F. EXCEPTIONS / TERMS AND CONDITIONS:

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The published specifications are meant to describe goods and services suitable for the intended application and are not meant to be restrictive in any way. All specifications determined by the bidder to be restrictive should be addressed in writing via email to the Procurement Officer by the Q&A cut-off date indicated on the IFB KEY INFORMATION SUMMARY SHEET (page 2).

By submitting a Bid in response to this IFB, the Bidder, if selected for award, shall be deemed to have accepted the Terms and Conditions, attached herein as Section B, of this IFB. Any exceptions to the Terms and Conditions should be raised prior to Bid submission. If applicable, the Bidder must present its company’s Supplemental Terms and Conditions for the State’s review prior to the Q&A cut-off date.

Changes to the solicitation or the Terms and Conditions made by the Bidder may result in Bid rejection.

After Bid Opening, any exceptions to the bid specifications may not be accepted or considered.

G. UNIT PRICES:

Should the Contractor be required to perform work over and above that required by the Contract documents, or should the Contractor be ordered to omit work required by the Contract documents, an equitable adjustment will be made to the Contract price. In determining the amount of any such extra to the Contractor, which is governed by unit prices, the amount of the extra will be the unit price bid by the Contractor or a reasonable price, whichever is less. In determining the amount of any such credit due the State, which is governed by unit prices, the amount of the credit will be the unit price bid by the Contractor or a reasonable price, whichever is greater. Unit prices quoted will be the same for extra work and for credit work and shall be the sum total compensation payable or creditable for such items of work, including all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc. The Procurement Officer will issue one or more Contract modifications to authorize any such additions or deletions of work.

H. REQUIRED DOCUMENTATION AND INFORMATION:

All forms, instructions, terms and conditions are available online. It is recommended that Vendors download all online forms and attachments for future reference.

The following documentation and requested information shall be provided in the format specified by bid due date and time unless stated otherwise below. Failure to provide the requested documentation or information may cause your bid to be deemed not responsive and rejected from consideration. Note: It is the Vendor’s responsibility to confirm receipt of all requested documents.

1. MANDATORY AFFIDAVITS - All affidavits are to be completed and provided as an attachment to your bid on eMMA. If you have difficulty attaching the affidavits to your bid response, for assistance with this process, please go to emma.helpdesk@mayland.gov. Failure to provide all affidavits may cause your bid to be deemed not responsive and rejected from consideration.

2. REFERENCES - Prior to submitting a bid for the commodity in the specifications, the firm must have a minimum of three (3) consecutive years of its entity being formed and in business and have no less than three (3) years’ experience in providing products that are equal to or comparable to the scope and magnitude required by the specifications.

In order to expedite the award process, it is very important for you to include the references as detailed. With each reference, list details of volume of sales for each location, a contact person, current working telephone number, e-mail address, time period of contract and dollar amount of contract. References are to be submitted as an attachment with your bid on eMaryland Marketplace Advantage (eMMA). The Vendor shall supply this information by filling out and returning Vendor Profile with their bid response.

Failure to promptly provide information that leads to a determination of responsibility is grounds for rejection of the bid.

3. MBE INFORMATION - The goal of the State of Maryland's Minority Business Enterprise (MBE) Program is to attempt to provide a fair share of procurement contracts to Certified Minority Business Enterprises.

The Maryland Department of Natural Resources-Maryland Park Service adheres to the State of Maryland Minority Business Enterprise (MBE) policies. Minority Business Enterprise (MBE) vendors are encouraged to respond to this solicitation as the Prime Contractor and Minority Business Enterprise (MBE) vendors shall be represented in the subcontract with a participation goal in the total bid price of this solicitation. See MBE mailto:emma.helpdesk@mayland.gov

6 of 33 Revised 2/11/2020 participation for this bid on the IFB KEY INFORMATION SUMMARY SHEET (page 2). Additional information regarding the State of Maryland MBE and Small Business Reserve (SBR) programs can be found on eMaryland Marketplace Advantage.

4. SMALL BUSINESS PREFERENCE

This solicitation is not designated as a Small Business Preference (SBP) Procurement.

5. QUESTIONS AND INQUIRES:

All questions or issues pertaining to this solicitation must be submitted via email to the Procurement Officer.

Questions will not be accepted by telephone or fax. See the IFB KEY INFORMATION SUMMARY SHEET (page 2) for the Cut-Off Date for submitting questions. Only information communicated by the Procurement Officer or their authorized representative will be the official position of the State on an issue.

All questions should be submitted in a timely manner. When questions are not received in a timely manner, the

Procurement Officer will, based on the availability of time to research and communicate an answer, decide whether they can answer an untimely question before the bid due date.

Prices quoted shall be valid for ninety (90) days after bid opening.

This solicitation is in accordance with Code of Maryland Regulations (COMAR) 21.11.05.03B. One or more Preference Providers may respond to this solicitation. Any subsequent contract may be awarded to a preference provider if: (1) its bid price is deemed a fair market price by the Maryland Department of Natural Resources

– Maryland Park Service and (2) it accepts the terms and conditions contained in this solicitation. A fair market price is defined, for this solicitation, as the average total price of all responsive bids from responsible Vendors, excluding those bids received from certified sheltered workshops.

6. RECIPROCAL PREFERENCE:

A Preference will be given to the responsive and responsible bid from a Maryland firm over that of a nonresident firm if the State in which the nonresident firm is located gives a resident business preference. Where such a business preference is provided, the preference shall be the same as that provided by the State in which the nonresident firm is located. A non-resident Vendor submitting a bid/proposal for a State project shall be provided an attachment to the bid/proposal a copy of the current statute, resolution, policy procedure or executive order of the resident State of the nonresident Vendor that pertains to that State's treatment of nonresident Vendors.

The Maryland Department of Natural Resources-Maryland Park Service is committed to providing solicitations that are readily and easily responded to. If you choose not to respond to this solicitation, please fill out this form, Attachment G, and email it to the Procurement Officer indicated on the IFB Key Information Summary Sheet (page 2). We will review your responses and suggestions and try to incorporate them in our procedures.

SECTION B

TERMS AND CONDITIONS

Maryland Department of Natural Resources – Maryland Park Service

Trail Bridge at Tuckahoe State Park

1. INCORPORATION BY REFERENCE:

All terms and conditions of the solicitation and amendments thereto are made a part of this Contract.

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2. TAX EXEMPTION:

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

3. SPECIFICATIONS:

All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in this solicitation.

4. DELIVERY AND ACCEPTANCE:

Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The State unilaterally may order in writing the suspension, delay or interruption of performance hereunder. The State reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced. The State reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

5. NON-HIRING OF EMPLOYEES:

No official or employee of the State, as defined under State Government Article, §15-102, Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this contract shall, during the pendency or term of this contract and while serving as an official or employee of the State, become or be an employee of the Contractor or any entity that is a subcontractor on this Contract.

6. NON-DISCRIMINATION IN EMPLOYMENT:

The Contractor agrees not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment and to post and to cause subcontractors to post conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause.

7. ANTIBRIBERY:

The Contractor warrants that neither it nor any of its officers, directors, or partners nor any of its employees who are directly involved in obtaining or performing contracts with any public body has been convicted of bribery, attempted bribery, or conspiracy to bribe, under the laws of any state or of the federal government or has engaged in conduct since July 1, 1977, which would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any state or the federal government.

8. REGISTRATION:

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation, 301 West Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation. The website for the State Department of Assessments and Taxation is http://www.dat.state.md.us, e-mail address is charterhelp@dat.state.md.us, and phone numbers for the State Department of Assessments and Taxation are: (410) 767-1340 or (888) 246-5941.

9. CONTINGENT FEES:

http://www.dat.state.md.us/ mailto:charterhelp@dat.state.md.us

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The Contractor warrants that it has not employed or retained any person, partnership, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement.

10. EPA COMPLIANCE:

Materials, supplies, equipment, or other services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.

11. OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA):

All materials, supplies, equipment, or services supplied as a result of this contract shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act Standards.

12. TERMINATION FOR CONVENIENCE:

Upon written notice to the Contractor, the State may terminate this Contract, in whole or in part whenever the State shall determine that such termination is in the best interest of the State. The State shall pay all reasonable costs incurred up to the date of termination and all reasonable costs associated with termination of the contract. However, the Contractor may not be reimbursed for anticipatory profits. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

13. TERMINATION FOR CAUSE (DEFAULT):

When the Contractor has not performed or has unsatisfactorily performed the contract, payment shall be withheld at the discretion of the State. Failure on the part of a Contractor to fulfill contractual obligations shall be considered just cause for termination of the contract and the Contractor is not entitled to recover any costs incurred by the Contractor up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

14. DISPUTES; NO ELECTRONIC PROTESTS, NOTICES OF CLAIM, OR CLAIMS:

This Contract shall be subject to the provisions of Title 15, Subtitle 2 of the State Finance and Procurement Article of the Annotated Code of Maryland and COMAR.21.10 (Administrative and Civil Remedies). Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the contract in accordance with the procurement officer’s decision.

In accordance with COMAR 21.10.02.02 the Department will not accept protests, notices of claim, or claims by any electronic means (including by facsimile or email).

15. INTELLECTUAL PROPERTY:

Contractor agrees to indemnify and save harmless the State, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this Contract.

16. MARYLAND LAW PREVAILS:

The provisions of this contract shall be governed by the laws of Maryland.

17. CONTRACTOR’S INVOICES:

Contractor agrees to include on the face of all invoices billed to the State, its Taxpayer Identification Number, which is the Social Security Number for individuals and sole proprietors and Federal Employer Identification Number for all other types of organizations.

18. PAYMENT OF STATE OBLIGATIONS:

Payments to the Contractor pursuant to this Contract shall be made no later than 30 days after the State's receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle

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1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public utilities, as applicable, are prohibited.

Electronic Funds Transfer: This provision on Electronic Funds Transfer applies to contracts of over $200,000 for which payments are made through the State Comptroller. Electronic funds transfer will be used by the State to pay Contractor for this Contract and any other State payments due Contractor unless the State Comptroller’s Office grants Contractor an exemption. By submitting a response to this solicitation, the Bidder or Offeror agrees to accept payments by electronic funds transfer unless the State Comptroller’s Office grants an exemption. After award of a contract, the selected Bidder or offeror shall register with the Comptroller of Maryland using the forms required by the Comptroller. For further information go to:

http://compnet.comp.state.md.us/gad/vendorinfo/eft/default.asp

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 and must include the business identification information as stated on the form and include the reason for the exemption.

19. PRE-EXISTING REGULATIONS:

The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this Contract are applicable to this Contract.

20. INDEMNIFICATION:

The State shall not assume any obligation to indemnify, hold harmless, or pay attorneys’ fees that may arise from or in any way be associated with the performance or operations of this agreement. (COMAR 21.07.03.23)

21. CONFLICTING TERMS:

Any proposal for terms in addition to or different from those set forth in this purchase order or any attempt by the Contractor to vary any of the terms of this offer by Contractor’s acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material altercation thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor’s assent to any additional terms contained herein. The Contractor understands and agrees that the terms and conditions of this purchase order may not be waived.

22. DRUG AND ALCOHOL-FREE WORKPLACE:

The Contractor warrants that the Contractor shall comply with COMAR 21.11.08 Drug and Alcohol-Free Workplace, and that the Contractor shall remain in compliance throughout the term of this purchase order.

23. CHANGES - WORK ORDERS:

Changes: The Procurement Officer unilaterally may, at any time, without notice to the sureties, if any, by written order designated or indicated to be an order, make any change in the work within the general scope of the contract, including but not limited to changes:

In the specifications (including drawings and designs);

In the method or manner of performance of the work;

In the State-furnished facilities, equipment, materials, services, or site; or

Directing acceleration in performance or delivery.

Any other written order or an oral order, including a direction, instruction, interpretation, or determination from the Procurement Officer that causes or constitutes any such change shall be treated as a change order under this clause provided that the Contractor gives the Procurement Officer written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a change order.

Except as herein provided, no order, statement, or conduct of the Procurement Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder.

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Subject to paragraph (6) of this subsection, if any change under this clause causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any part of the work under the contract, whether or not changed by an order, an equitable adjustment shall be made and the contract modified in writing accordingly;

provided, however, that except for claims based on defective specifications, no claim for any order under (2) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as therein required; and provided further, that in the case of defective specifications for which the State is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with such defective specifications.

If the Contractor intends to assert a claim for an equitable adjustment under this section, he shall do so in accordance with and subject to the disputes procedures of the contract.

Each contract modification or change order that affects contract price shall be subject to the prior written approval of the Procurement Officer and other appropriate authorities and to prior certification of the appropriate fiscal authority of fund availability and the effect of the modification or change order on the contract budget or total cost. If, according to the certification of the fiscal authority, the contract modification or change order will cause an increase in cost that will exceed budgeted and available funds, the modification or change order may not be made unless sufficient additional funds are made available or the scope of the contract is adjusted to permit its completion within the project budget.

No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment is made under this contract.

As used in this section, “work” means any and all commodities, goods, materials, labor, services, manner or time of delivery or performance, or other elements of performance required to be furnished or supplied by the Contractor under this contract.

Miscellaneous: In the event of a dispute between the Department and the Contractor as to whether any work is included in the scope of the contract such that the Contractor would be obligated to provide that work at no additional cost to the State, the Procurement Officer may order the Contractor under this section to perform the work (a “Work Order”). If the Contractor considers such an order to be a change in the scope of the contract entitling the Contractor to additional compensation, a time extension, or other relief, the Contractor must provide the notice required by this section and initiate a claim therefore in accordance with contract requirements. An order of the Procurement Officer, by virtue of being called or referred to as a “change order,” does not necessarily constitute a change in the scope of the contract or in the work required under the contract. The Contractor shall not be entitled to additional compensation, a time extension, or other relief for complying with an order of the Procurement Officer if the contract otherwise requires the Contractor to perform as stated in the order.

Upon receipt of a signed written order of the Procurement Officer under this section, the Contractor shall comply with the order promptly, within the requirements of the required completion or delivery time, whether or not the Contractor signs or accepts the change order. Failure to comply with the order in a timely manner shall constitute a breach of the contract and grounds for termination for default or any other remedy available to the State.

The State may issue a unilateral order on the State’s terms (including a promise to pay the Contractor a “not to exceed” (“NTE”) amount) which the Contractor may then dispute in accordance with the disputes procedures of the contract.

Pending resolution of such a dispute, Contractor must proceed diligently with performance of the contract as ordered by the Procurement Officer.

The terms “not to exceed” and “NTE” when used in a change order mean that the amount of the change order (whether an increase or a decrease in the contract amount) will be a reasonable amount not to exceed the amount stated.

24. RETENTION OF RECORDS:

The Contractor shall retain and maintain all records and documents relating to this contract for three years after final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the procurement officer or designee, at all reasonable times.

25. COMPLIANCE WITH LAWS:

The Contractor hereby represents and warrants that:

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A. It is qualified to do business in the State of Maryland and that it will take such action as, from time-to-time hereafter, may be necessary to remain so qualified.

B. It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract.

C. It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and

D. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

26. BID / PROPOSAL AFFIDAVIT:

Each Bidder or offeror shall execute and attach to the bid or proposal the affidavit included with this solicitation.

27. CONTRACT AFFIDAVIT:

The successful Bidder or Offeror shall execute and deliver to the Procurement Officer prior to the award of the contract the Contract Affidavit included with this solicitation. (The Affidavit also can be found at COMAR 21.07.01.25).

28. PUBLIC INFORMATION ACT NOTICE:

Offerors should give specific attention to the identification of those portions of their proposals that they deem to be confidential, proprietary information or trade secrets and provide any justification why such materials, upon request, should not be disclosed by the State under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

29. MINORITY BUSINESS ENTERPRISE NOTICE:

Minority Business Enterprises are encouraged to respond to this solicitation.

30. ARREARAGES:

By submitting a response to this solicitation, a vendor shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selected for contract award.

31. BPO/PO AS CONTRACT:

This provision applies to all procurement contracts procured by the Maryland Department of Natural Resources

– Maryland Park Service.

except contracts for the procurement of architectural and engineering services for a price of greater than $200,000.

As used in this provision, a bid refers to a bid submitted under competitive sealed bidding and to an offer submitted under competitive sealed proposals.

As used in this provision, a Bidder refers to a Bidder under competitive sealed bidding and to an offeror under competitive sealed proposals.

As used in this provision, a solicitation means an Invitation for Bids, a request for proposals, or any other document requesting bids or proposals for procurement by the Department.

The Bidder’s execution and submission of a responsive bid constitutes a promise by the Bidder to perform the contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period stated in the solicitation or for such longer period as the Bidder and the Department may agree.

Upon acceptance of a bid, the Procurement Officer may issue a Blanket Purchase Order (BPO), in a form to be determined by the Department, to the Bidder accepting the bid and binding the Bidder to a contract. The execution and issuance of a BPO by the Procurement Officer, subject to all necessary approvals, shall constitute acceptance of

12 of 33 Revised 2/11/2020 the bid and final award of the contract. The contract of the parties will be embodied in the contract documents, which shall consist of the executed BPO of the Procurement Officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the BPO, the bid, or by operation of law, and the executed bid of the Bidder. If the Procurement Officer issues a BPO, at the option of the Procurement Officer it will not be necessary for the Bidder to execute the BPO or any other form of contract or agreement. The Procurement Officer may require that the parties both execute a single document as the embodiment of the contract between the parties.

In the event of a conflict between provisions of the contract documents, the controlling provisions shall be, in the following order, those of:

The BPO; then

The Solicitation; and then

The Bid.

32. RETURNED GOODS:

Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor’s failure to meet contract requirements. Compensation shall be limited to actual unreimbursed costs incurred by the Contractor including, but not limited to, restocking charges, shipping charges, plus reasonable profit.

Contractor must provide written proof of claimed compensation. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply.

33. PURCHASES BY OTHER ENTITIES – INDEFINITE QUANTITY CONTRACTS

34. TIE BIDS

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

35. DELAYS AND EXTENSIONS OF TIME

The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract.

Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers.

36. PATENTS, COPYRIGHTS, AND INTELLECTUAL PROPERTY

All copyrights, patents, trademarks, trade secrets, and any other intellectual property rights existing prior to the Effective Date of this Contract shall belong to the party that owned such rights immediately prior to the Effective Date (“Pre-Existing Intellectual Property”). If any design, device, material, process, or other item provided by Contractor is covered by a patent or copyright or which is proprietary to or a trade secret of another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items pursuant to its rights granted under the Contract.

37. NON-AVAILABILITY OF FUNDING

If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made

13 of 33 Revised 2/11/2020 available; provided, however, that this will not affect either the State’s or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.

38. SUSPENSION OF WORK

The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of its performance for such period of time as the Procurement Officer may determine to be appropriate for the convenience of the State.

39. USE OF ESTIMATED QUANTITIES (IF APPLICABLE)

Unless specifically indicated otherwise in the State’s solicitation or other controlling documents related to the Scope of Work, any sample amounts provided are estimates only and the Agency named in this contract does not guarantee a minimum or maximum number of units or usage in the performance of this Contract.

40. RISK OF LOSS - TRANSFER OF TITLE

41. ELECTRONIC TRANSACTION FEE:

a. Contractor shall pay an electronic transaction fee to the State in the amount of one percent (1%) of the total contract sales. The electronic transaction fee is calculated based on all sales transacted under the contract, minus any returns or credits. The electronic transaction fee shall not be charged directly to the customer, e.g., as a separate line item, fee or surcharge, but shall be included in the contract’s unit prices.

b. The electronic transaction fee shall be submitted to the Office of State Procurement, Fiscal

Services Division, 301 W. Preston Street, Room 1309, Baltimore, MD, 21201, thirty (30) days after the end of each reporting period along with a Monthly Usage Report documenting all contract sales. An excel version of the Monthly Usage Report shall be emailed to dgs.statewidecontractsusagereport@maryland.gov.

c. Failure to remit transaction fees in a timely manner or remittance of fees inconsistent with the contract’s requirements may result in the State exercising all recourse available under the contract including, but not limited to, a third-party audit of all contract activity. Should an audit be required by the State, the contractor shall reimburse the State for all costs associated with the audit up to $10,000.00 or one (1%) percent of the contract’s estimated annual value, whichever is higher.

d. Prior to Award, Contractors will be asked to confirm in writing that their unit prices include the one percent (1%) electronic transaction fee.

mailto:dgs.statewidecontractsusagereport@maryland.gov

14 of 33 Revised 2/11/2020

CONTRACTOR

STATE OF MARYLAND

DEPARTMENT OF NATURAL RESOURCES

__________________________________________________(Seal)

By By

(Printed Name and Title)

(Printed Name and Title)

Signature and Date Signature and Date

15 of 33 Revised 2/11/2020

SECTION C

SPECIFICATIONS

Maryland Department of Natural Resources – Maryland Park Service Trail Bridge at Tuckahoe State Park

K00R3600184

SCOPE:

1. This project consists of the vendor providing all labor, equipment, materials, supplies, insurance, etc., necessary to manufacture and deliver a prefabricated permanent trail bridge to Tuckahoe State Park maintenance facility at 13070 Crouse Mill Rd, Queen Anne, Caroline County, Maryland 21657.

2. The proposed project shall include, but is not limited to the following:

a. The vendor shall furnish and deliver a pre-fabricated permanent bridge, as designed and manufactured by Creative Pultrusions/E.T Techtonics (e.g. fiberglass pre-fabricated truss equestrian trail bridge), Bedford Reinforced Plastics (e.g. ReadySpan pedestrian bridge), Arete Structures (e.g. FRP truss bridge) or approved equal.

b. Bridge shall meet the following minimum specifications:

i. Come unassembled in kit form suitable for assembly on-site (e.g. pre-drilled, trimmed, and cut), individual components appropriate for transport to final backcountry location by manual means (e.g. carried by hand or via small utility vehicle), assembly possible with basic handtools, all required hardware / components included (e.g. bolts, nuts, washers, etc.), accompanied by detailed step-by-step assembly instructions;

ii. Be composed of durable materials resistant to harsh weather, rot and corrosion;

1. All pultruded parts shall be in conformance with latest ASTM D 4385 (Standard Practice for Classifying Visual Defects in Thermosetting Reinforced Plastic Pultruded Products) and ASTM D 3917 (Standard Specifications for Dimensional Tolerance of Thermosetting Glass-Reinforced Plastic Pultruded Shapes) guidelines.

2. All pultruded parts shall have a minimum of 10 mil thick synthetic polyester surface veil on the outer surface.

iii. Have a clear travel width of 6’, and measure 40’ in length;

1. Structure will be a single span, requiring no central support(s) to meet load requirements.

iv. Loading requirements include equestrians and light utility vehicles (e.g. John Deere

Gator);

16 of 33 Revised 2/11/2020

v. Guardrail system shall meet AASHTO standards for pedestrian railings;

1. Railings shall be a minimum 54” tall to support equestrian use.

2. All railings shall be attached to the face of each upright.

vi. Deck system shall at a minimum consist of treated nominal 3” thick Southern Yellow Pine;

1. Wood decking is required to support equestrian use, substitution of other materials must be approved in advance by customer.

2. All timbers shall be of minimum sizing as indicated in the deck calculations.

3. Deck system shall be skid resistant.

vii. Furnish all fasteners and accessories necessary for the superstructure assembly and deck installation;

1. All clips / fasteners used for securing bridge structure to abutment shall be galvanized or stainless steel.

2. Fasteners used for treated lumber shall be compatible with timber’s preservative formulation.

3. All steel shall be new, of domestic origin.

viii. Include finish/color consistent with a backcountry location;

1. Expected available colors include matt green and brown.

2. Department will make final selection at execution of contract from those available from selected bidder.

ix. Comply with Buy America requirements;

1. Project funding requires compliance with Buy America regulations regarding the source and processing of steel, manufactured products, and construction materials. vendor should be prepared to provide documentation complying with all aspects of current regulations.

2. See attachment XXX for additional details on Buy America conditions and documentation requirements.

c. Vendor will provide abutment requirements for the bridge structure:

i. Requirements include load capacity of abutments (e.g. bridge support reactions), geometry of bearing surfaces, position of mounting bolts/hardware.

ii. Consistent with load requirements of supplied structure (e.g. equestrian, light UTV).

17 of 33 Revised 2/11/2020

iii. Be compatible with a helical pile support system.

d. Vendor will provide stamped drawings of the bridge to be supplied:

i. P.E. shall be licensed in Maryland.

ii. Plans will be provided as soon as possible, ideally prior to delivery of bridge, such that the Department can advance on a parallel procurement for an abutment system.

e. Alternate bridge manufacturers shall have at least five years’ experience in the design and fabrication of prefabricated trail bridge structures in kit form. Note that individual components must be of size / weight such that they can be transported to the project site via manual means (e.g. hand carried). Must be possible to assemble the kit onsite with basic hand tools. A brief narrative shall be provided with the bid summarizing the following:

i. Suppliers qualifications / experience in design and fabrication of prefabricated bridges in kit form;

ii. List of five similar projects with contact information for customer’s project lead;

iii. A narrative of the bridge system including photos, drawings, and sample assembly instructions.

18 of 33 Revised 2/11/2020

MANDATORY AFFIDAVITS

AND

ATTACHMENTS

Attachment B - Bid/Proposal Affidavit

Attachment C - Contract Affidavit Attachment F – Company Profile

Section B – Terms and Conditions

SUBMIT THESE AFFIDAVITS WITH BID/PROPOSAL

19 of 33 Revised 2/11/2020

ATTACHMENT B

COMAR 21.05.08.07

Bid/Proposal Affidavit

Effective 10/24/17

A. AUTHORITY

I hereby affirm that I, _____________________ (name of affiant) am the ______________ (title) and duly authorized representative of _________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a Contractor may not identify a certified minority business enterprise in a Bid/proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority bid/proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Bid/proposal;

(3) Fail to use the certified minority business enterprise in the performance of the contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the Bid/proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal.

20 of 33 Revised 2/11/2020

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, Annotated Code of Maryland, which provides that a person may not:

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;

(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bid/proposal preference or a procurement contract;

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4) Willfully and knowingly…