MAA-CO-26-022_Standard Procurement_Federal_V1_GI Section Final.pdf

TECHNICAL PROVISIONS

BID DOCUMENTS

VOLUME I OF II

PARTS I Thru III

STANDARD PROCUREMENT – FEDERAL

MAA-CO-26-022

WILSON POINT ROAD STORMWATER MANAGEMENT

IMPROVEMENTS AT MARTIN STATE AIRPORT

JULY 2026

TABLE OF CONTENTS

MAA-CO-26-022

WILSON POINT ROAD STORMWATER MANAGEMENT IMPROVEMENTS

AT

MARTIN STATE AIRPORT

VOLUME I

Part I

General Information ...................................................................................................................... GI.1

Part II

Technical Specifications ...................................................................................................... 000110-1

Federal Aviation Administration Contract Provisions…………………………………Appendix A

Part III

Davis-Bacon Act Wage Rates..................................................................................................... WR.1

VOLUME II

Part IV

Bid Forms ..................................................................................................................................... BF.1

PART I

General Information

MAA-CO-26-022 Federal Funded TECHNICAL PROVISIONS Wilson Point Road SWM Improvements Bid Documents

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GI.1

PART I

GENERAL INFORMATION

GI-1.01 Contract Summary .............................................................................................................................. GI.3

GI-1.02 Notice to Contractors ......................................................................................................................... GI.4

GI-1.03 Basis of Contract Award ................................................................................................................. GI.10

GI-1.04 Description of Project ...................................................................................................................... GI.10

GI-1.05 Special Construction Requirements ................................................................................................ GI.10

GI-1.06 Solicitation and Contract Formation ............................................................................................... GI.15

GI-1.07 Commercial Non-Discrimination..................................................................................................... GI.16

GI-1.08 List of Contract Drawings ................................................................................................................ GI.17

GI-1.09 Revisions to Standard Provisions for Construction Projects ........................................................... GI.17

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GI-1.01 Contract Summary

ITEM DESCRIPTION

Contract Title Wilson Point Road Stormwater Management Improvements

MAA Contract Number MAA-CO-26-022

AIP Contract Number N/A

Applicable Standard Provisions https://www.airportal.maa.maryland.gov

Provisions for Federal Aid Applicable YES

DBE Participation Goal 0% Total DBE Participation

Contractor Self-Performance Goal 50%

Contract Classification Class E

Davis-Bacon Act Wage Rates Required* YES

Project Location BWI Marshall Martin State X

Contract Drawings and Technical Provisions https://emma.maryland.gov/

Total Contract Duration 220 Calendar Days

Liquidated Damages See GI-1.05

Pre-Bid Conference

July 22, 2026 at 11:00AM

(via Microsoft Teams virtual conference)

Click here to join the meeting / 667-262-2962 Phone

Conference ID: 711687385#

Site Inspection There will be NO site inspection for this solicitation

Questions Due

Must be submitted in writing via email to jreese2@bwiairport.com

July 30, 2026 at 4:00PM

Bids Due August 13, 2026 at 1:00PM

Bids must be submitted via eMMA:

https://emma.maryland.gov

*Wage Rates are required for all bids with Federal funds (Davis-Bacon Act).

https://www.airportal.maa.maryland.gov/ https://emma.maryland.gov/

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GI-1.02 Notice to Contractors

The Standard Provisions for Construction Contracts (Volume I: General Provisions and Volume 2:

Special Provisions) and the Technical Provisions are intended to describe and establish all requirements and standards for this construction Contract and shall be binding upon the parties signatory to the

Contract. By submitting a bid for this Contract, the Contractor agrees to adhere to the requirements of all of these Provisions.

Sealed bids for the State of Maryland (State), Maryland Department of Transportation (MDOT), Maryland Aviation Administration (MAA) project entitled: Wilson Point Road Stormwater

Management Improvements at Martin State Airport Construction Contract No. MAA-CO-26-022 shall be submitted on emma.maryland.gov. We recommend registering in advance to become acquainted with the site. Bids shall only be accepted via the State’s internet-based electronic procurement system, eMaryland Marketplace Advantage (eMAA).

August 13, 2026 at 1:00PM Local Time

Attn: Joe Reese Procurement Officer III

Positively no bids will be received after August 13, 2026 at 1:00 PM Local Time. Late bids, late requests for modifications, or late requests for withdrawal, will not be considered. MDOT MAA is not responsible for bids received late and will not receive any bids that are late.

In accordance with Code of Maryland Regulations (COMAR) 21.05.02.16, to receive a contract award, a vendor/offeror must be registered on eMaryland Marketplace Advantage (eMMA) as a vendor. To register on eMMA, go to the Office of State Procurement website at https://emma.maryland.gov.

The work under this contract includes, but is not limited to, the construction of a storm drain conveyance system with a new outfall into Dark Head Cove. See paragraph GI-1.04 for additional description.

This project has been advertised via eMaryland Marketplace Advantage (eMMA). Volume I Technical

Specifications and Volume II Bid Documents are available for download via eMMA:

https://emma.maryland.gov. Contract drawings are available electronically. You must contact Joe Reese at jreese2@bwiairport.com, the Procurement officer of the procurement to receive a copy. All bids must be submitted on the bid documents provided in Volume II.

A Pre-Bid Conference will be held on:

July 22, 2026 at 11:00 AM Local Time (via Microsoft Teams Virtual Conference). Please use the following link to access the meeting or phone number to dial in:

Click here to join the meeting / 667-262-2962 Phone Conference ID: 711687385#

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Please complete the Pre-Bid RSVP for to confirm your intent to attend.

A Site [Inspection] [Visit] will be held on:

There will be NO site inspection for this solicitation

Attendance at the Pre-Bid Conference is not mandatory, but all interested bidders are encouraged to attend in order to facilitate better preparation of their bids. Attendance may also increase the bidder’s understanding of, and ability to, meet the Disadvantaged Business Enterprise (DBE) participation goals.

A State Equal Opportunity Officer will be available to discuss the Disadvantaged Business Enterprise program.

Appropriate auxiliary aids and service for qualified individuals with disabilities will be provided upon request. Please call the Office of Procurement at least five business days in advance of the meeting at 410-

859-7081 or via MD Relay by dialing 7-1-1 or 1-800-201-7165 to advise of any reasonable accommodations required.

The Bid, if over $100,000.00, must be accompanied by a Bid Guaranty in the amount of five percent (5%) of the Bid Price in the name of the "State of Maryland”.

The Bid/Proposal Affidavit shall accompany the bid.

Performance and Payment Bonds in the amount of the Contract Price will be required of the successful

Bidders.

Assistance in obtaining Bid, Performance and Payment Bonds may be available to qualifying small businesses through the Maryland Small Business Development Financing Authority (MSBDFA). Questions regarding the bonding assistance program should be referred to: MSBDFA, 826 East Baltimore Street, Baltimore MD 21202, (410) 333-4270 (phone) (410) 333-6931 (fax).

Disadvantaged Business Enterprises (DBE) Requirements

Per the United States Department of Transportation (US DOT) Interim Final Rule (IFR) issued on October 3, 2025, until the Unified Certification Program (UCP) certification recertification and/or reevaluation process is completed, no goal participation or evaluation can take place. Any and all references to specific DBE goal participation requirements in the project documents are void at this time. For more information, see:

https://www.federalregister.gov/documents/2025/10/03/2025-19460/disadvantaged-business-enterprise-program-and-disadvantaged-business-enterprise-in-airport.

https://www.federalregister.gov/documents/2025/10/03/2025-19460/disadvantaged-business-enterprise-program-and-disadvantaged-business-enterprise-in-airport https://www.federalregister.gov/documents/2025/10/03/2025-19460/disadvantaged-business-enterprise-program-and-disadvantaged-business-enterprise-in-airport

GI.6

It is the goal of the Maryland Department of Transportation that Disadvantaged Business Enterprises (DBE) participate in all contracts, and the Contractor is encouraged to utilize DBE subcontractors when there is opportunity to do so. MDOT hereby notifies all Bidders that in regard to any Contract entered into pursuant to this bid; DBEs will not be subject to discrimination on the basis of race, color, sex or national origin in consideration for an award.

The MDOT MAA has established a minimum DBE participation goal as indicated below. Review the

Federal DBE regulations in the Standard Provisions included with these documents. MDOT MAA reserves the right to reduce the total contract dollars by the value of the sole source items for the purposes of achieving the DBE goal.

DBE Subcontractor Participation Goals. For the purposes of this Contract, a minimum overall DBE subcontractor participation goal of zero percent (0%) of the total Contract dollar amount of the

Contractor’s bid for this Contract has been established. By submitting a response to this solicitation, a Bidder agrees that, at a minimum, the established DBE goal will be performed by one (1) or more DBE firms, including the classifications of DBE specified. Failure to meet this DBE requirement will disqualify the

Bidder from further consideration, or termination of a Contract once in progress.

Maryland’s MBE/DBE Directory is available at http://mbe.mdot.state.md.us.

The contractor, subcontractor, or subrecipient (grant recipient) shall not discriminate on the basis of race, color, sex or national origin I performance of this contract. The contractor shall carry out applicable requirements of 49CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as MDOT deems appropriate.

Please be informed all bidders/offerors must furnish the names and address of the firms that submitted quotes for your bid/proposal and to include the age of the firm and annual gross receipts or revenues.

The MDOT MAA will verify this information.

MBE/DBE LIQUIDATED DAMAGES PROVISION

This contract requires the contractor to make good faith efforts to comply with the MBE/DBE Program and contract provisions. The Maryland Department of Transportation - Maryland Aviation

Administration (“MDOT/MAA”) and the Contractor acknowledge and agree that MDOT MAA will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the contractor does not make good faith efforts to comply with the requirements of the MBE/DBE Program and MBE contract provisions. The parties further acknowledge and agree that the damages MDOT MAA might be anticipated to accrue as a result of such lack of compliance is difficult to ascertain with precision.

GI.7

Therefore, upon a determination by MDOT/MAA that the contractor failed to make good faith efforts to comply with one or more of the specified MBE/DBE Program requirements or contract provisions, the contractor agrees to pay liquidated damages to the State at the rates set forth below.

The contractor expressly agrees that MDOT/MAA may withhold payment on any invoices as a set-off against liquidated damages owed. The contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably appropriate to the loss the State is anticipated to incur as a result of such violation.

A. Failure to submit each monthly payment report in full compliance with COMAR

21.11.03.13B (3): $42.37 per day until the monthly report is submitted as required.

B. Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): $148.30 per MBE/DBE subcontractor.

C. Failure to promptly pay all undisputed amounts to a subcontractor in full compliance with the prompt payment provisions of the contract: $100.00 per day until the undisputed amount due to the subcontractor is paid.

D. Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the

MBE/DBE participation schedule: the difference between the dollar value of the

MBE/DBE participation commitment on the MBE participation schedule for that specific

MBE/DBE firm and the dollar value of the work performed by that MBE/DBE firm for the contract.

E. Failure to meet the contractor’s total MBE/DBE participation goal and Subgoal commitments; the difference between the dollar value of the total MBE/DBE participation commitment on the MBE participation schedule and the MBE/DBE participation actually achieved.

NOTE: Maryland Department of Transportation - Maryland Aviation Administration (MDOT MAA) does not assess Section E of the MBE/DBE Liquidated Damages Provision to Indefinite Delivery

Indefinite Quantity (IDIQ) Contracts, when MDOT MAA does not request the performance of a task for which an MBE subcontractor named on the Participation Schedule and qualified based on its NAICS

Code.

Notwithstanding the use of liquidated damages, the Maryland Department of Transportation - Maryland

Aviation Administration reserves the right to terminate a task or contract and exercise all other rights and remedies provided in the contract or by law.

By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds transfer unless the State Comptroller's Office grants an exemption. The selected Bidder shall register with the EFT Registration, General Accounting Division form using the COT/GAD X10 Vendor Electronic

Funds (EFT) Registration Request Form, available at http://compnet.comp.state.md.us/gad/pdf/GADX-http://compnet.comp.state.md.us/gad/pdf/GADX-10.pdf

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10.pdf. 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 reason for exemption.

Questions regarding the Electronic Funds Transfer should be referred to Office of the Comptroller, General

Accounting Division, 80 Calvert Street, Room 200, Annapolis, Maryland 21401, (410) 260-7375 or mmcmahon@comp.state.md.us.

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 the contract award.

The MDOT MAA reserves the right to reject any and all bids, if in its judgment, the interest of the

Administration may so require.

If there should be any questions regarding this contract, please contact:

Joe Reese

Procurement Officer III

Office of Procurement

Maryland Aviation Administration

Maryland Department of Transportation

410-859-7759

Jreese2@bwiairport.com http://compnet.comp.state.md.us/gad/pdf/GADX-10.pdf mailto:mmcmahon@comp.state.md.us mailto:Jreese2@bwiairport.com

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GI-1.03 Basis of Contract Award

The Maryland Department of Transportation Maryland Aviation Administration will award this Contract to the responsible Bidder with the lowest responsive bid based on the Total Base Bid and any combination of Add or Deduct Alternates included in the Contract Documents, whichever is in the best interest of the State.

The apparent low bidder must provide a Schedule of Values in accordance with SP-2.02, Paragraph D.

NOTE: Failure to comply with any bidding instructions will be a basis for rejection as a non-responsive bid.

GI-1.04 Description of Project

A. The Work of Project is defined by the Contract Documents and includes, but is not limited to, the following:

1. The project scope of work includes the construction of a storm drain conveyance system with a new outfall into Dark Head Cove. The storm drain conveyance system consists of 30-inch, 48-inch and 38-inch high by 60-inch wide elliptical RCP, inlets, manholes and a new outfall in an existing bulkhead. Construction will be in both turf and existing pavement and includes crossing Wilson Point Road with the elliptical pipe. All work shall be completed in accordance with the contract drawings and specifications; all applicable codes, plans, sketches, and other

Contract Documents and any addenda thereto, at locations designated by the Engineer.

GI-1.05 Special Construction Requirements

A. Phasing

Contractor shall follow the construction phases as shown on the contract drawings. As required by the Standard Provisions, the Contractor is required to submit a fully detailed schedule for the entire work that shall include all milestones and tasks required to complete the milestones. The

Contractor’s proposed construction schedule must be approved per SP-8 before NTP is issued.

Please note that the Notice to Proceed (NTP) is anticipated in 2027. Phase 1 construction is expected to occur following the seasonal restriction for work within Dark Head Cove, which ends on October 15. Upon completion of Phase 1, the project will be temporarily suspended for a winter/spring shut down to allow Baltimore County to complete the relocation and abandonment of the existing water line and sanitary sewer force main along Wilson Point Road, which currently conflict with the proposed storm drain alignment. Construction of Phases 2 through 7 is anticipated to resume in summer 2028.

B. Time Restrictions

GI.10

Time restrictions are indicated on the Drawings. Time restrictions are subject to change as required to accommodate airline, tenant, TSA and airport operations.

C. Deliveries/Haul Route

The Contractor shall have access to the site as shown on the drawings.

The entire project site, including haul routes, shall be kept free and clean of debris at all times and shall be maintained in good repair by the Contractor. All damages to the project site caused by the actions of the Contractor or its agents shall be immediately repaired to the satisfaction of the Engineer.

D. Site Restrictions

Contractor’s access to the work site may be restricted by airport operations.

Work Under Escort: Due to current TSA restrictions, the Contractors shall comply with the security requirements in the Contract Documents and specifically in the Technical Specifications.

E. Access to the Site

All persons entering upon airport property must have the proper identification and vehicle registration specified in applicable articles of the Standard Provisions for Construction Projects.

Routing within the Airfield Operations Areas (AOA) shall be subject to proper approval by the

Engineer.

Airport Security, BWI Airport Access Badges, Airfield Vehicle Ramp Permits and Temporary

Airfield Vehicle Registration: Comply with the security requirements in the Contract Documents and specifically in the Technical Specifications.

The Contractor’s employees shall be required to park personal vehicles in the designated parking lot. Personal vehicles of employees and vehicles operated by vendors of goods or services will not be permitted beyond the Contractor’s designated parking area.

F. Staging Area

The Contractor will be given authorization to utilize an area or areas that will be available for the duration of this project as staging and mobilization areas. Staging area to be used shall be as shown on contract documents. Contractor will be required to relocate trailer staging and mobilization areas as directed by the Engineer.

During the course of the work the Contractor shall maintain his staging and work areas in a clean and usable condition.

GI.11

The MDOT MAA reserves the right to discontinue use of these staging areas at any time during the work.

G. Load & Height Restrictions

The Contractor shall comply with all legal load restrictions imposed by the State Department of

Transportation, MDOT MAA, or other authorities having jurisdiction, in the hauling of materials on public roadways and bridges beyond the limits of the work.

Special permits will not relieve the Contractor of its liability for damages resulting in the moving of materials, spoil, or equipment.

H. Permits, Licensing, and Crane Height Restrictions

The Contractor is required to meet all requirements of AC 150/5370-2 “Operations Safety on

Airports during Construction,” current edition, and FAR Part 77 “Objects affecting Navigable

Airspace,” current edition. The Contractor is required to obtain all permits and licenses required for the project work at his own expense.

I. Contract Duration

The duration for this contract shall be for a period of 220 calendar days from the date determined after completion of the approved construction schedule in conformance with the Standard

Provisions. Contractor shall note that each phase and sub-phase, as shown in the construction documents, has its own corresponding duration. The Contractor shall be responsible for completing the work within the stated durations.

J. Liquidated Damages

Failure by the Contractor to complete work on the Project within the time specified will impact airport operations and increase construction inspection costs. Therefore, the Contractor and his surety will be liable for liquidated damages as follows:

Pursuant to General Provisions Articles GP-8.02 and GP-8.03, commence Work on or

Before the date specified in the Notice to Proceed and complete the specified portions of the work within the contract durations specified above. In the event the Contractor fails to complete the specified Work within the specified number of days after the Notice to Proceed (either for the total Contract duration or any of the phase milestone duration, with the exception of extensions granted by Change Orders), liquidated damages (not as a penalty) will be assessed pursuant to General Provisions Article GP-8.09 and as specified herein for each calendar day the completion of the specified work is delayed.

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1. For failure to substantially complete each phase, sub-phase, or the Project within the defined Durations, the Contractor and his Surety will be liable for liquidated damages in the amount of $1,800.00 for each calendar day.

K. Project Coordination

Contractor shall not mobilize until necessary shop drawings, cut sheets, etc. are approved or as directed / approved by the engineer.

Coordinate scheduling, submittals, and Work of the various Sections of the Technical

Specifications to assure timely and orderly sequence of installation of interdependent construction elements.

Where scale of Contract Drawings is too small to show details clearly prepare large scale coordination drawings and submit to the Engineer for approval.

Coordinate completion and cleanup of the work of separate Sections in preparation of the Final

Acceptance Review Inspection.

The Contractor shall cooperate and coordinate its work with all tenants, other contractors, and utilities companies as necessary.

Other construction contracts may be underway during the life of this project. These other projects may occur adjacent to and, at times, within the Contract limit of work for this project. These projects include but are not limited to:

1. New MTN Air Traffic Control Tower

L. Shop Drawings

The Contractor shall submit complete shop drawing packages for each item of work as required in the applicable Technical Specification Sections. Delays caused by incomplete submittals by the Contractor will not be accepted and the Contractor will be required to recover lost time at no expense to the MDOT MAA.

M. Designated Subcontractors

A portion of the work under this contract may involve modifications to or extensions of existing systems that are maintained by designated contractors under contract to the MDOT MAA. The bidder is required to solicit a bid from and, if awarded the contract, to contract with these firms as Subcontractors to the Contract for work involving these systems. Work to be performed by these Subcontractors is indicated in the Specifications and on the Drawings. Systems work to be performed by designated Subcontractors includes any and all of the following systems work affected by the work of this Contract:

GI.13

1. Building Automation System (BAS): Johnson Controls, Inc. (JCI)

Contract Person: Erick Badders

Telephone: 410-527-2607

2. Paging System: Washington Professional Sound (WPS)

Contact Person: Dave Leister

Telephone: 301-370-4746

3. Integrated Access Security Systems (IASS): M. C. Dean

Contact Person: Charlie Gibson

Telephone: 410-599-3700

Email: Charlie.gibson@mcdean.com

4. Video Surveillance System: Tyco Integrated Security (Tyco)

Contact Person: Neal Mitchell

Telephone: 703-898-1365

5. Fire Alarm System: Honeywell

Contact Person: John Collins

Telephone: 410-682-8213

6. Visual Paging System Monitors: Comnet Software

Contact Person: Steve Rohrig

Telephone: 937-859-6323

7. Gate Security Guards: All County Security Agency, Inc.

Contract Person: Charlie Ellenberger

Telephone: 410-461-4433

Email: charlie@allcountymd.com

N. No Substitution Procurement

Not Applicable.

O. Personal Protective Equipment (PPE)

In order to promote workplace safety, to mitigate and minimize risk to employees who may be exposed to various hazards related to their work responsibilities, the Employer shall provide personal protective equipment to employees in the performance of their job duties and train on the use of PPE.

The Contractor must ensure that the Contractor’s Personnel make full use of such equipment as the circumstances demand. This includes but is not limited to safety helmets, eye protection, mailto:charlie@allcountymd.com

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faces shields, safety shoes, gloves, mask, etc. Where it is a site/facility rule that such items of equipment must be worn, the owner has the right to request removal from the Premises of any

Personnel not complying with this rule. For the purposes of this section, personal protective equipment shall mean equipment required under applicable federal and state laws, rules, and/or regulations (including Occupational Safety and Health Administration regulations) or required by Employer policy.”

GI-1.06 Solicitation and Contract Formation

A. A Bidder must include with its Bid:

1. Bid Bond

2. Bid/Proposal Affidavit

3. Buy American Certification

4. Buy American Preference

5. Tax Delinquency and Felony Convictions

6. Certification for Federal-Aid Contracts

7. Conflict of Interest

8. A completed Certified Disadvantaged Business Enterprise (DBE) Utilization and Fair

Solicitation Affidavit (Section 3) whereby the Bidder or offeror:

a. Acknowledges the certified DBE participation goal, commits to make a good faith effort to achieve the goal, and affirms that DBE subcontractors were treated fairly in the solicitation process.

b. A completed DBE Participation Schedule (Section 3) whereby the Bidder or offeror responds to the expected degree of DBE participation as stated in the solicitation, by identifying the specific commitment of certified DBE at the time of submission.

9. If a Bidder or offeror fails to submit Section 3 as required, the Procurement Officer shall deem the bid non-responsive. This includes failure to complete the forms or failure to provide accurate information on the forms.

B. Within 5 working days from notification that it is the apparent awardee or from the date of the actual award, whichever is earlier, the apparent awardee must provide the following documentation to the

Procurement Officer:

1. Outreach Efforts Compliance Statement (Section 3).

2. Subcontractor Project Participation Statement (Section 3).

Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or numbering

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3. In the rare event that the apparent awardee believes a waiver (in whole or in part) is necessary of the overall DBE goal or of any subgoal by DBE classification, it must submit a fully documented waiver request that complies with COMAR 21.11.03.11.

4. If a waiver is requested, MDOT MBE/DBE Form E – Good Faith Efforts Guidance and

Documentation Part 1 – Part 5 must be submitted.

C. Any other documentation required by the Procurement Officer to ascertain Bidder or offeror responsibility in connection with the certified DBE Participation goal. If the apparent awardee fails to return each completed document within the required time, the Procurement Officer may determine that the apparent awardee is not responsible and therefore not eligible for Contract award.

If the Contract has already been awarded, the award is voidable.

GI-1.07 Commercial Non-Discrimination

As a condition of entering into this Agreement, Contractor represents and warrants that it will comply 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. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

As a condition of entering into this Agreement, upon the Maryland Human Relations Commission’s request, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the state of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State’s

Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement

Article of the Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

Commented [MQ1]: Its no goal this should be deleted.

GI.16

GI-1.08 List of Contract Drawings

Refer to Drawings, Sheet No. G001 – Index of Drawings.

GI-1.09 Revisions to Standard Provisions for Construction Contracts Volume 2:

Special Provisions

Part II Contractor Affirmative Action Program and Equal Employment Opportunity (EEO)

Programs, AAP-2.02 Legal Mandates

Add: J. General Civil Rights Provisions - The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

Part IV Provisions for Federal-Aid Contracts, Section 1 FAA Requirements, 1.07 Title VI Clauses for Compliance with Nondiscrimination Requirements

Add: B. Title VI Solicitation Notice:

The Maryland Department of Transportation Aviation Administration, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the

Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Part IV Provisions for Federal-Aid Contracts, Section 1 FAA Requirements

Add: FAA-1.14 Federal Fair Labor Standard Act

All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of

29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

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The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The

Contractor must address any claims or disputes that arise from this requirement directly with the U.S.

Department of Labor – Wage and Hour Division.

Part IV Provisions for Federal-Aid Contracts, Section 1 FAA Requirements

Add: FAA-1.15 Tax Delinquency and Felony Conviction

CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND

FELONY CONVICTIONS

The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (ü) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications

1. The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

2. The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note

If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA

Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions

Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Martin State Airport July 2026

GI.18

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Part IV, Section 1, FAA 4.06 Disadvantaged Business Enterprise, B. Prompt Payment

The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from MDOT MAA. The prime contractor agrees further to return retainage payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the MDOT MAA.

ATTACHMENTS:

Attachment 1: Certification Regarding Tax Delinquency and Felony Convictions

Martin State Airport July 2026

GI.19

CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND

FELONY CONVICTIONS

The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark (ü) in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications

1. The applicant represents that it is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

2. The applicant represents that it is ( ) is not ( ) is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note

If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA

Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions

Felony conviction: Felony conviction means a conviction within the preceding twenty-four (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Date: ___________________________

GI.20

By: ___________________________________________________________________

(Print name of Authorized Representative and Affiant)

(Signature of Authorized Representative and Affiant)

PART II

Technical Specifications

PART III

Davis-Bacon Act Wage Rates*

*Required for all bids with Federal Funds