MDOT/SHA Chestertown Shop – Electrical Maintenance and Repair Services for the Chestertown State Highway

Maintenance Facility

Solicitation #: KEELEC29SB

IFB Document

IFB for MDOT SHA Chestertown Shop Page 1 of 28

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION STATE HIGHWAY

ADMINISTRATION

(MDOT SHA)

INVITATION FOR BIDS (IFB)

Electrical Maintenance and Repair Services for the Chestertown

State Highway Maintenance Facility in Kent County

IFB NUMBER KEELEC29SB

ISSUE DATE: 09/21/2026

A Prospective Bidder that has received this document from a source other than eMaryland Marketplace

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 https://procurement.maryland.gov/ https://emma.maryland.gov/ https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx

IFB for MDOT SHA Chestertown Shop Page 2 of 28 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)

Invitation for Bids Electrical Maintenance and Repairs Services for the Chestertown

Maintenance Shop in Kent County

Solicitation

Number:

KEELEC30SB

IFB Issue Date: 09/21/2026

IFB Issuing

Office:

Maryland Department of Transportation, State Highway Administration, Chestertown Maintenance Shop

Procurement

Officer:

Teresea Edwards

615 Morgnec Rd

Chestertown, MD 21620

Email:

Phone Number:

Tedwards2@mdot.maryland.gov

410.778.0818

Bids are to be sent to:

eMMA Upload

No Bid Notice

Feedback Form

If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.

Pre-Bid

Conference:

There is no Pre-Bid conference

Scheduled Site

Visit If you would like to schedule a site visit, please contact Teresea Edwards at Chestertown Maintenance Facility at 410-778-0818. This is not required and does not impact our evaluation of the bids but may help you understand the scope of work better.

IFB for MDOT SHA Chestertown Shop Page 3 of 28

Questions Due

Date and Time:

9/29/2026 @ 1 PM local time

Bid Due (Closing)

Date and Time:

9/30/2026, 1PM, Microsoft Teams information below

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).

Public Bid

Opening Date, Time, and

Location

9/30/2026 at 1PM local time

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/235428297049296?p=3rtoIhrltOL6T duEBz

Meeting ID: 235 428 297 049 296

Passcode: Ge7yV3D6

Need help? | System reference

Dial in by phone

+1 667-262-2962,,355373332# United States, Baltimore

Find a local number

Phone conference ID: 355 373 332#

For organizers: Meeting options | Reset dial-in PIN

MBE or DBE

Subcontracting

Goal:

N/A

VSBE

Subcontracting

Goal:

N/A

Procurement

Method:

A Contract will be awarded in accordance with the Competitive Sealed

Bidding method under COMAR 21.05.02.

https://teams.microsoft.com/meet/235428297049296?p=3rtoIhrltOL6TduEBz https://teams.microsoft.com/meet/235428297049296?p=3rtoIhrltOL6TduEBz https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTgzZTQ0Y2MtMTgzOS00NjE3LTk2MDQtYTBmMzQ4OGI1ODRh%40thread.v2/0?context=%7b%22Tid%22%3a%22b38cd27c-57ca-4597-be28-22df43dd47f1%22%2c%22Oid%22%3a%22a50dd5e7-31f0-4b3a-950f-d2e7e204602d%22%7d tel:+16672622962,,355373332 https://dialin.teams.cloud.microsoft/bf475622-ba25-438e-9483-abd330e2c794?id=355373332 https://teams.microsoft.com/meetingOptions/?organizerId=a50dd5e7-31f0-4b3a-950f-d2e7e204602d&tenantId=b38cd27c-57ca-4597-be28-22df43dd47f1&threadId=19_meeting_NTgzZTQ0Y2MtMTgzOS00NjE3LTk2MDQtYTBmMzQ4OGI1ODRh@thread.v2&messageId=0&language=en-US https://dialin.teams.cloud.microsoft/usp/pstnconferencing

IFB for MDOT SHA Chestertown Shop Page 4 of 28

Multiple or

Alternate Bids:

Bids may be modified or withdrawn by written notice received by the

Procurement Officer before the time and date. If there is no written notice, the most current bid will be used.

Contract Type: firm fixed price per defined quantity.

Contract

Duration:

24 months or until quantities exhausted.

Primary Place of

Performance:

MDOT SHA Chestertown Shop, 615 Morgnec Rd, Chestertown, MD

21620

SBR Designation: Yes, small business reserve

Federal Funding: No

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 Background and Purpose

2.2.2 State Staff and Roles

2.2.3 Other State Responsibilities

2.3 Contractor Responsibilities and Tasks

2.4 Supplemental Category of Work Requirements and Responsibilities

3 Standard Terms and Conditions

3.1 Contract Initiation Requirements ................................................ Error! Bookmark not defined.

3.2 End of Contract Transition ......................................................... Error! Bookmark not defined.

3.3 Invoicing ..................................................................................... Error! Bookmark not defined.

3.3.1 Invoice Submission Schedule ....................................... Error! Bookmark not defined.

3.3.2 Deliverable Invoicing ................................................... Error! Bookmark not defined.

3.3.3 Labor Hour/Time and Materials Invoicing

3.3.4 Travel Reimbursement

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

3.4.2 Liquidated Damages other than MBE

3.4.3 Problem Escalation Procedure

3.5 Work Orders

3.6 Payments by Electronic Funds Transfer

3.7 Prompt Payment Policy

3.8 Federal Funding Acknowledgement

3.9 Conflict of Interest Affidavit and Disclosure

3.10 Non-Disclosure Agreement

3.10.1 Non-Disclosure Agreement (Bidder/Offeror)

3.10.2 Non-Disclosure Agreement (Contractor)

3.11 Maryland Healthy Working Families Act Requirements

3.12 The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and

Services (EPPs)

3.13 Insurance Requirements

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA)

4.2 Electronic Means

4.3 Pre-Bid Conference

4.4 Questions

4.5 Bid Due (Closing) Date and Time

4.6 Receipt, Opening and Recording of Bids

4.7 Duration of Bids

4.8 Revisions to the IFB

4.9 Cancellations

4.10 Incurred Expenses

4.11 Protest/Disputes

4.12 Bidder Responsibilities

4.13 Acceptance of Terms and Conditions

4.14 Compliance with Laws/Arrearages

4.15 Verification of Registration and Tax Payment

4.16 False Statements

4.17 Confidentiality of Bids / Public Information Act Notice

4.18 Use of Bidder’s Form Not Binding on State

4.19 Attachments and Documents Required with the Bid (Table A)

4.20 Bid Delivery Instructions

4.21 Bid Evaluation Criteria and Award Basis

4.22 Tie Bids

4.23 Reciprocal Preference

4.24 Documents Required upon Notice of Recommendation for Contract Award (Table B)

5 IFB Appendices and Exhibits

5.1 Appendices (Table C)

5.2 Exhibits (Table D)

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications

Contractor must be a licensed master electrician in the State of Maryland and have been in business for a minimum of 5 years.

Vendor shall submit three commercial references.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.2 SHA Chestertown shop is currently soliciting bids for Electrical Preventative

Maintenance and Repairs Services at the Maryland State Highway, Kent County

Maintenance Shop located at 615 Morgnec Rd, Chestertown, Maryland 21620.

2.3 A work crew will consist of one licensed journeyman electrician and one licensed apprentice electrician. Please no unlicensed helpers. SHA is trying to support the apprentice program.

2.4 Payment cannot be made until services are rendered. For invoices below $5,000, SHA prefers to pay by card, if the vendor accepts card without processing fees. For invoices above $5,000 and for vendors that do not accept credit card, default payment method is check by mail. Direct deposit (ACH) can be setup with the comptroller’s office.

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

2.6 This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and

Award Basis for more Contract award information.

2.7 A contract award does not ensure a contractor will receive all or any state business under the contract.

2.8 Background and Purpose

The purpose of this solicitation is for the Electrical Maintenance and Repair Services at the MDOT SHA

Chestertown Maintenance Shop, 615 Morgnec Rd, Chestertown, Maryland 21620.

2.9 Contractor Responsibilities and Tasks

Contractor shall install, repair, or modify electrical systems, emergency service, load studies, service and distribution, replacement and disposal of ballasts, lamps, receptacles, outlets; locate faulty wiring and repair wire or rewire; provide and install conduit, wiring, junction boxes, motors, fixtures and electrical equipment to repair or replace existing and or new installations. This is not an all-inclusive list. Other types of electrical repairs and services may be required.

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Generally, the vendor shall provide materials and supplies at reasonable MSRP cost. Alternatively, SHA can procurement these materials directly. Vendor shall not bill for specialized tools.

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

Any rental equipment like a lift shall be invoiced at cost or markup not to exceed 10% or arranged with

SHA to make the rental.

The Vendor shall keep the premises free from accumulation of waste materials or rubbish caused by their operations. The Vendor shall leave the work area clean and free of materials, debris, and vendor equipment.

The vendor can use SHA’s scrap metal roll off or landfill roll off to dispose of waste from SHA jobs.

Vendor shall provide the SHA authorized representative with all manufacturers' warranty documents upon completion of installation and prior to leaving the job site.

The vendor shall guarantee all work included in the “Contract” against any defects in workmanship; and shall satisfactorily correct, at no cost to SHA, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by

SHA.

No sub-contractors shall be permitted to work under this contract without the consent of SHA Contract

Manager.

In the event the work performance of the Contractor is unsatisfactory, the Contractor will be notified by

SHA Contract Manager and be given seven calendar days to correct the work.

Vendor invoice shall be itemized in line items and match the line items and rates on the vendor’s price form for SHA to verify that the prices match.

A. Payment Information (reference to Standard Terms)

B. Work Orders (reference to Standard Terms)

C. Security Requirements (reference to Standard Terms)

D. Insurance Requirement

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2.10 Supplemental Category of Work Requirements and Responsibilities

Normal hours of operation at this facility are 6:30 AM to 3PM. Please do not arrive or work outside of these times, unless arranged with SHA.

EMERGENCY REPAIR SERVICE

• This contract requires the Contractor be on call 24 hours a day, 7 days a week and 365 days a year for Emergency Service. An emergency is defined as a sudden occurrence that would impact employee safety.

• The Contractor’s on-site response to a call for emergency services shall be within 3 (three) hours after he/she has verbally received and confirmed the call from the Engineer. Should the

Contractor respond on site within 1 (one) hour of the initial call, payment will be made from the time of the call. Payment for responding on site after 1 (one) hour will be from arrival time. Failure to respond within this time frame may result in termination of the Contract.

• The Contractor shall furnish to the Engineer the names, addresses and phone numbers of two individuals in his firm who can be contacted by the Engineer at any time in the event of an emergency.

SERVICE REQUIREMENTS

• The Contractor shall furnish all labor, supervision, materials, parts, equipment, tools, transportation, and insurance necessary to ensure the satisfactory performance and efficient operation of emergency electrical and all associated systems

• The Administration estimates that most of the work will require one service technician. The

Contractor may assign a qualified apprentice for assistance with more complex service work, but only if the additional personnel are preapproved by the Engineer in advance of on-site arrival.

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

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WORK SCHEDULING

• No work shall be initiated under this agreement until a specific contract has been executed.

No minimum number of hours shall be paid per show-up on-site under this Contract except as specifically noted under the Emergency Repair Service section. The Administration will pay only for work performed.

• Except for emergency service and load bank testing, all work shall be performed between the hours of 6:30 AM and 3:00 PM, Monday through Friday. No work shall be performed on

Saturdays, Sundays, or Legal State Holidays without prior approval by the Engineer.

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

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

LABOR

• Bid items have been established in the Schedule of Prices for Certified Mechanic Labor, Licensed Electrician Labor, and Apprentice Labor and will be paid for at the bid price per unit of measure for the bid item. Each type of labor has been listed for both normal business hours and overtime/emergency hours. All items must be quoted in the Schedule of Prices, and a blank entry may result in the rejection of bid. The listed labor items will be used, but not limited to use, in the following circumstances:

• The Certified Mechanic items will be used for service calls not covered by the Service Plan items, or as directed by the Engineer.

• The Licensed Master Electrician items will be used for service calls not covered by the Service

Plan items, or as directed by the Engineer.

• Apprentice Labor items can be used for service calls not covered by the Service Plan items but must be preapproved by the Engineer prior to starting work on-site each time these items are used.

PARTS & MATERIALS

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• A bid item has been established in the Schedule of Prices for the payment of parts and materials approved by the Engineer for use in this Contract. The value of this item shall not be altered in any way by the Contractor but shall be included in the total bid. The value of this item is estimated and may or may not be used in its entirety. This item shall only be used when required parts and materials fall outside the scope of the Service Plans detailed elsewhere in the

Contract. Purchases made under this item shall be invoiced by the Contractor at cost. Payments will not be made for any parts or materials without the proper documentation attached to the

Contractor's original invoice.

• A copy of the Contractor 's source invoice(s) for all parts and materials used for emergency repair/services must accompany his invoice in order to be reimbursed. The Contractor shall notify the Engineer prior to proceeding with any work or the ordering of any material which costs in excess of three hundred dollars ($300.00). The Administration reserves the right to purchase this material directly.

• The Contractor shall include a separate detailed list of the specific replacement parts and materials used in the course of the Service Plans for the purpose of Administration recordkeeping.

• This list shall include, for each individual part, the following minimum information: brand name, type, model or catalog number, relevant size and dimensions, and any additional information that would help identify the specific part used during service. This list shall be submitted with the Contractor's invoice for payment.

• Parts furnished by the Contractor shall be the latest improved models in current production, as offered for commercial trade, and shall be of quality material. All materials shall be new and never before used in any other capacity. The furnishing of original equipment manufacturer

(OEM) parts is recommended, but a substitute can be used if it is approved as equal by the

Engineer.

• Manufacturers' warranties shall apply to new parts and materials provided. The Contractor shall provide the Administration with all manufacturers' warranty documents upon completion of installation and prior to leaving the job site.

MATERIALS MARK-UP PERCENTAGE

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• In addition, the Contractor will be allowed the percentage of the actual cost of materials, tax, and applicable transportation costs, established by the bid item for "MATERIALS MARK-UP

PERCENTAGE" The bid price for this item shall not exceed a maximum of 10%.

• The Contractor shall invoice the Administration for all cost of the consumable materials, supplies, repair and replacement parts included within the scope of the contract.

EQUIPMENT

• The Contractor shall maintain an adequate stock of industry-standard supplies, parts, and tools necessary for performing comprehensive preventive maintenance, routine repairs, and emergency repairs on all electrical and their associated systems at all times. The Contractor shall also furnish and maintain work vehicle(s) equipped with an adequate stock of industry-standard supplies, parts, and tools necessary for performing comprehensive preventative maintenance, routine repairs, and emergency repairs.

• Service vehicles shall be equipped with all tools, ladders, equipment, and routine materials needed to fulfill the terms of this Contract. No pay item has been established for these vehicles and their cost is considered incidental to all other bid items. All tools and test equipment shall also be considered incidental to all other bid items.

SUPERVISION

• The Contractor shall assign to the Contract, as his agent, competent supervision capable of communicating in English, and capable of reading and thoroughly understanding the Contract

Documents.

PREAPPROVAL OF WORK

• Any work performed outside the Scope of Work described in this Contract, including emergency work, will not be paid if not preapproved by the Engineer.

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

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• No Subcontractor shall be permitted to work under the Contract without the written approval of the Engineer. Any subcontracted work must be preapproved by the Engineer and shall be invoiced at cost. A copy of the Subcontractor's invoice shall be provided to the Administration for recordkeeping purposes.

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3 Standard Terms and Conditions

3.1 Contract Initiation Requirements

Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

3.2 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

3.3 Invoicing

Submission of an invoice constitutes the Contractor’s verification that the information in the invoice is accurate as of the time of submission.

An invoice not satisfying the requirements of a Proper Invoice (as defined in COMAR 21.06.09) will not be processed for payment. To be considered a Proper Invoice, invoices must include the following information, without error:

A. Contractor name and address;

B. Remittance address;

C. Federal taxpayer identification (FEIN) number, social security number, as appropriate;

D. Invoice period (i.e. time period during which services covered by invoice were performed);

E. Invoice date;

F. Invoice number;

G. State assigned Contract number; (maybe the same as the PO / BPO 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.

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The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of

Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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

3.3.1 Invoice Submission Schedule

The contractor shall submit an invoice within one month of the completion of a work cycle.

3.3.2 Deliverable Invoicing

N/A

3.3.3 Labor Hour/Time and Materials Invoicing

1. Timesheet Reporting

N/A

2. Materials Reporting

N/A

3.3.4 Travel Reimbursement

Travel will not be reimbursed under this IFB.

3.4 Liquidated Damages

3.4.1 MBE Liquidated Damages

Inapplicable because there is no MBE goal for this IFB.

3.4.2 Liquidated Damages other than MBE

N/A

3.4.3 Problem Escalation Procedure

N/A

3.5 Work Orders

N/A

3.6 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

IFB for MDOT SHA Chestertown Shop Page 17 of 28 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:

https://www.marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf

3.7 Prompt Payment Policy

Not applicable. This contract does not allow subcontracting.

3.8 Federal Funding Acknowledgement

Not applicable. This Contract does not contain federal funds.

3.9 Conflict of Interest Disclosure

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and submit it with its Bid.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR

21.05.08.08.

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.”

3.10 Non-Disclosure Agreement

3.10.1 1Non-Disclosure Agreement (Bidder/Offeror)

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

3.10.2 Non-Disclosure Agreement (Contractor)

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

https://www.marylandtaxes.gov/forms/state-accounting/static-files/GADX10Form.pdf

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3.11 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/.

Employers who employ 15 or more employees are required to provide paid earned safe and sick leave. Employers with less than 15 employees are required to provide unpaid earned sick and safe leave.

Certain employees are exempt from the requirements of the law.

All employees whose primary work location is in Maryland are entitled to accrue sick and safe leave unless they are exempt from coverage under the law.

Leave accrues at the rate of one hour for every thirty hours that an employee works.

An employee is not entitled to accrue sick and safe leave during (1) a 2 week pay period in which the employee worked fewer than 24 total hours; (2) a 1 week pay period if the employee worked fewer than a combined total of 24 hours in the current and immediately preceding pay period; or

(3) a pay period in which the employee is paid twice per month and worked fewer than 26 hours in the pay period.

The leave hours provided for under the law are the minimum number of hours an employee is entitled to earn and accrue. An employer may provide more leave for its employees.

The Act preempts local paid sick and safe leave laws enacted on or after January 1, 2017.

3.12 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.

3.13 Insurance Requirements

The Contractor shall maintain, at a minimum, the insurance coverages outlined below, or any minimum requirements established by law if higher, for the duration of the Contract, including option periods, if exercised:

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

A. Worker’s Compensation - The Contractor shall maintain such insurance as necessary or as required under Workers’ Compensation Acts, the Longshore and Harbor Workers’

Compensation Act, and the Federal Employers’ Liability Act, to not be less than. one hundred thousand ($100,000) per occurrence (unless a state’s law requires a greater amount of coverage). Coverage must be valid in all states where work is performed.

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

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B. Automobile or Commercial Truck Insurance - The Contractor shall maintain Automobile or Commercial Truck Insurance (including owned, leased, hired, and non-owned vehicles) as appropriate with Liability, Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no case less than those required by the State of Maryland.

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

3.13.3 The recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

3.13.4 Subcontractor Insurance

Not applicable. This contract does not allow subcontracting.

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA) eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference 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.

4.2 Electronic Means

The following transactions related to this procurement and any Contract awarded pursuant to it are not authorized to be conducted by electronic means:

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.

4.3 Pre-Bid Conference

N/A

4.4 Questions

All questions shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

4.4.1 Answers to all questions that are not clearly specific only to the requestor will be distributed via the same mechanism as for IFB amendments and posted on eMMA.

4.4.2 The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the State unless it issues an amendment to the solicitation in writing.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://procurement.maryland.gov/

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4.5 Bid Due (Closing) Date and Time

Bids must be received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet to be considered. Except as provided in COMAR

21.05.02.10. Bids received after that date will not be considered. Requests for an extension of this date or time shall not be granted.

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).

4.6 Receipt, Opening and Recording of Bids

Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

Bids shall be opened publicly at the time, date and place designated in the Key Information Summary

Sheet.

The name of each Bidder, the Total Bid Price, and such other information as is deemed appropriate shall be read aloud or otherwise made available and recorded at the time of Bid opening.

4.7 Duration of Bids

Bids submitted in response to this IFB are irrevocable for the latest of the following: 90 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved.

This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.8 Revisions to the IFB

4.8.1 All revisions to the IFB before the due date for Bids will be published in an addendum to the IFB and posted on eMMA and reasonable effort will be made to provide such addenda to all prospective Bidders that were sent this IFB or are otherwise known by the Procurement Officer to have obtained this IFB. It is the responsibility of all prospective Bidders to check eMMA for any addenda issued prior to the submission of Bids.

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

4.8.3 Failure to acknowledge receipt of an addendum does not relieve the

Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

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4.9 Cancellations

4.9.1 This IFB may be cancelled as provided in COMAR 21.06.02.02

4.9.2 The State reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

4.9.3 In the event a government entity proposes and receives the recommendation for award, this procurement may be canceled, and the award processed in accordance with COMAR 21.01.03.01.A(4).

4.9.4 If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md.

Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

4.10 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a

Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.11 Protest/Disputes

Any protest or claim related to this IFB or the Contract award hereunder shall be subject to the provisions of COMAR 21.10 (Administrative and Civil Remedies).

4.12 Bidder Responsibilities

Not applicable. This section is for subcontractors and subsidiaries.

4.13 Acceptance of Terms and Conditions

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the Contract, attached hereto as 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.

4.14 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all federal, State, and local laws applicable to its activities and obligations under the

Contract.

By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any obligations due and owing the State, including the payment of taxes and employee benefits, and shall not become so in arrears during the term of the Contract if selected for Contract award.

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4.15 Verification of Registration and Tax Payment

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301

West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

It is strongly recommended that any potential Bidder complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise responsive successful Bidder from final consideration and recommendation for Contract award.

4.16 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-205.1 provides as follows:

In connection with a procurement contract a person may not willfully:

A. Falsify, conceal, or suppress a material fact by any scheme or device;

B. Make a false or fraudulent statement or representation of a material fact;or

C. Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

A person may not aid or conspire with another person to commit an act under this section.

A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both.

4.17 Confidentiality of Bids / Public Information Act Notice

The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification 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.

https://egov.maryland.gov/BusinessExpress/

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4.18 Use of Bidder’s Form Not Binding on State

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the

Procurement Officer will be considered acceptable as bid submission.

4.19 Attachments and Documents Required with the Bid (Table A)

A Bidder shall include the following Attachments with its Bid as a single Bid Package:

TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

B

The Price Form (as specified within eMMA)

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.)

I Conflict of Interest Affidavit and Disclosure

4.20 Bid Delivery Instructions

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.

4.21 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.

https://procurement.maryland.gov/emma-qrgs/ https://procurement.maryland.gov/emma-qrgs/

IFB for MDOT SHA Chestertown Shop Page 25 of 28

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 SHA following any approvals of the Contract required by law or regulation.

4.22 Tie Bids

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.23 Reciprocal Preference

Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR 21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

A. The Maryland resident business is a responsible Bidder;

B. The lowest responsive Bid is from a responsible Bidder whose principal office, or principal base of operations, is in another state;

C. The other state gives a preference to its resident businesses through law, policy, or practice; and

D. The preference does not conflict with a federal law or grant affecting the procurement

Contract.

The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to its resident businesses.

4.24 Documents Required upon Notice of Recommendation for Contract Award

(Table B)

Upon receipt of a notification of recommendation for contract award, along with submitting the signed Contract (see Exhibit 2 - Sample Contract), the following documents shall be completed and submitted by the recommended awardee within ten (10) business days, unless otherwise directed by the Procurement Officer.

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Click the link to download each required Attachment in the Table B below:

TABLE B - Documents Required upon Notice of Recommendation for Contract Award

Attachment Attachment Name

A Certificate(s) of Insurance

Workers Compensation Insurance & Automobile Insurance

B W-9 Request for Taxpayer Identification Number

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5 IFB Appendices and Exhibits

The Appendices and Exhibits listed below in Tables C and D are reference documents as needed to assist the bidders in preparing their bids in response to this solicitation. If a specific Appendix or

Exhibit is not required for this solicitation, it is listed in the tables as “Not applicable” or “N/A”.

5.1 Appendices (Table C)

TABLE C - APPENDICES

Appendix # Appendix Name

1 N/A

2 Price Form Instructions

3 N/A

4 N/A

5 N/A

6 N/A

7 N/A

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5.2 Exhibits (Table D)

TABLE D - Exhibits

Exhibit # Exhibit Name

1 N/A

2 Sample Contract

3 N/A