MDVA-CEM-GF23-TOPSOIL-2 id6272023.pdf

MDVA-CEM-GF23-TOPSOIL-2 id06272023

MARYLAND DEPARTMENT OF VETERANS AFFAIRS

SMALL PROCUREMENT SOLICITATION

KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Maryland Department of Veterans Affairs Garrison Forest State Veterans Cemetery Supply and Delivery of Topsoil

Solicitation Number: MDVA-CEM-GF23-TOPSOIL-2

Solicitation Issue Date: June 27, 2023

Issuing Office: Maryland Department of Veterans Affairs 16 Francis Street, 4th Floor Annapolis, MD 21401 Phone: (410) 260-3838

Procurement Officer: Tom Johnson Maryland Department of Veterans Affairs 16 Francis Street, 4th Floor.

Annapolis, MD 21401 Phone: (410) 260-3835 E-mail: tom.johnson@maryland.gov

Contract Monitor: Leland Barksdale, Superintendent Garrison Forest Veterans Cemetery 11501 Garrison Forest Road Owings Mills, MD 21117 Phone: (410) 363-6090 E-mail: leland.barksdale@maryland.gov

Pre-Bid Conference N/A Site Visit: Vendors may visit Cemetery Grounds during Cemetery hours of operation to tour the grounds.

Questions Due By: July 6, 2023, no later than 12:00 p.m., EDT Local Time

Closing Date and Time: July 10, 2023, no later than 12:00 p.m., EDT Local Time

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

mailto:tom.johnson@maryland.gov mailto:leland.barksdale@maryland.gov

I. SUMMARY STATEMENT

The State of Maryland and the Maryland Department of Veterans Affairs (MDVA) Cemetery and Memorial Program are honored to offer our veterans and their eligible dependents a final resting place at one of five state veterans cemeteries located throughout Maryland. Since 1983, more than 37,000 veterans and their eligible dependents have chosen Garrison Forest Veterans Cemetery, with 110 acres bounded by woodlands, as their final resting place.

The U.S. Department of Veterans Affairs (VA) operates 155 national cemeteries and 34 soldiers' lots and monument sites in 42 states and Puerto Rico. More than four (4) million Americans, including Veterans of every war and conflict, are buried in the VA's national cemeteries. The VA also provides funding to establish, expand, improve, and maintain 119 State Veterans cemeteries in 48 states and territories including tribal trust lands, Guam, and Saipan. The VA’s National Cemetery Administration (NCA) ensures that national cemeteries serve as dignified and respectful settings. Each Cemetery is to be an expression of appreciation and respect of a grateful nation for the service and sacrifice of her veterans. Furthermore, each National Cemetery is to be maintained as a National Shrine. A National Shrine is defined by the VA “as a place of honor, and memory that declares to the visitor or family member who views it that within its majestic setting, each and every veteran may find a sense of serenity, of historic sacrifice, and nobility of purpose.”

The Maryland Department of Veterans Affairs is soliciting bids for the supply and delivery of topsoil “as needed” at Garrison Forest Veterans Cemetery, 11501 Garrison Forest Road, Owings Mills, Maryland 21117. The contract duration is for one (1) year.

II. PROCUREMENT METHOD/ CONTRACT TYPE / BASIS FOR AWARD

This solicitation shall be conducted in accordance with COMAR 21.05.07 – Small

Procurement Regulations ($50,000 or Less).

The Contract resulting from this solicitation shall be an indefinite quantity contract with firm fixed unit prices as defined in COMAR 21.06.03.06 (A)(2) and 21.06.03.02(A)(1) and (2).

This Contract shall be awarded to the responsive and responsible bidder whose bid meets the requirements and evaluation criteria set forth in this Solicitation and is the most favorable bid price.

III. BIDDER MINIMUM QUALIFICATIONS:

3.1.1 To be considered reasonably susceptible of being selected for the award, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

3.1.2 The Bidder shall have three (3) years of experience, under the Bidder’s current business name, and all necessary licensing and insurance to satisfactorily provide services as specified in the Scope of Work.

3.1.3 Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid:

1. Copies of all State of Maryland licenses and current insurance certificates required to perform the specified services.

2. Three (3) or more references, under the Bidder’s current business name, from the past three (3) years that collectively attest to the Bidder’s required years of experience providing satisfactory services including those services required in this Solicitation.

The Department reserves the right to request additional references or utilize references not provided by a Bidder. The Department reserves the right to review other publicly available sources to inform the evaluation of Bidder meeting minimum qualifications.

IV. BIDDER RESPONSIBILITIES:

4.1.1 Bidders must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder shall be responsible for Contract performance including any subcontractor participation.

4.1.2 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g., insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.1.3 A parental guarantee of the performance of the Bidder under this Section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

V. PRE-BID SITE VISIT/ VENDOR QUESTIONS

A Virtual Pre-Bid will NOT be held.

Vendors are encouraged to observe the property on their own during the cemetery’s normal operating hours. Please notify the Cemetery Superintendent or designee to set up an appointment.

By submitting a bid, the Contractor acknowledges that he/she has investigated and satisfied him/herself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, and electric power. Any failure by the contractor to acquaint him/herself with available information will not relieve Contractor from responsibility for estimating properly the cost of successfully performing the work. The Maryland Department of Veterans Affairs shall not be responsible for any conclusions or interpretations made by the contractor.

5.1 Vendor Questions:

All questions pertaining to this solicitation shall be submitted on eMaryland Marketplace (eMMA) under the Q & A tab no later than the date and time specified in the Key Information Summary Sheet. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date. Answers to all questions that are not specific only to the requestor will be distributed via amendments and posted on eMMA.

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

VI. BID CONTENT/ RESPONSE SUBMISSION PROCEDURE / DUE DATE AND

TIME

The Bid Due date is July 10, 2023, no later than 12:00 p.m. EDT.

Bids must be submitted via EMMA and received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered. Login: eMaryland Marketplace Advantage (eMMA) Vendor shall submit a bid based on the description of services requested (specifications). Vendor shall state bid price on Attachment One and shall complete, sign, and submit the bid form (including references), along with applicable licenses, current insurance certificate, and Acknowledgements of Receipts of Addendum or Amendments to the Solicitation, if issued.

In order 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.

Vendors are responsible for ensuring that their bids are delivered to the specified location and person by the deadline for receipt of bids. Bids received by email, facsimile, or hand delivery will not be accepted. Bids received after the time and date set for receipt of bids are late. Late bids shall not be considered.

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 https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage submission. Please do not send the entire Solicitation document as part of bid response.

Only submit what has been requested.

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). For registration information, visit https://www.egov.maryland.gov/businessexpress. It is strongly recommended that potential Bidders complete registration prior to the Bid due date and time. The Bidder’s failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final consideration and recommendation for Contract award.

VII. BIDS – OPENING

Bids will be opened as soon as practicable after the deadline for receipt of bids.

VIII. DURATION OF BID OFFER

Prices submitted in response to this solicitation are irrevocable for one hundred and twenty (120) days following the due date. Once a bid is accepted, all prices, terms, and conditions shall remain unchanged throughout the contract period.

IX. TERMS AND CONDITIONS

A. The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

B. Termination for Non-appropriation. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

C. Maryland Law Prevails. The law of Maryland shall govern the interpretation and enforcement of this Contract.

D. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

E. Changes. This contract may be amended only with the written consent of both parties.

Amendments may not significantly change the scope of the Contract (including the Contract price).

F. Termination for Default. If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving https://www.egov.maryland.gov/businessexpress the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. 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.

G. Nondiscrimination. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

H. Anti-Bribery. The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state of the United States.

I. Termination for Convenience. The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with the termination of the Contract.

However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned 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 21.07.01.12A(2).

9.1 Acceptance of Terms and Conditions

By submitting a Bid in response to this Solicitation, the Bidder, if selected for the contract award, shall be deemed to have accepted the terms and conditions of this Solicitation and the Contract, attached hereto. Any exceptions to this Solicitation or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

X. SCOPE OF WORK

A. The Maryland Department of Veterans Affairs is accepting quotes for topsoil supply and delivery at Garrison Forest Veterans Cemetery, located at 11501 Garrison Forest Road, Owings Mills, MD 21117.

B. The Contractor shall furnish all equipment, parts, materials, labor, and supervision necessary to supply and deliver approximately six (6) truckloads (18 cubic yards) of suitable quality topsoil per month to the designated storage bins located at the bottom of the cemetery by the maintenance shop, Garrison Forest Veterans Cemetery.

Truckloads and cubic yards stated are estimated and will be “as needed” and specified by the Cemetery Superintendent for each order. This number may change. The number may be impacted by and dependent upon the start date, weather, and other unknown elements.

C. Work shall be performed in accordance with the attached National Cemetery Administration National Shrine Commitment Operational Standards (see Attachment Four), and Federal, State, and Local requirements.

D. Contractor shall log and submit documentation to the Cemetery Superintendent verifying the quantity and number of loads of topsoil delivered each month.

E. Contractor entry to or use of any land or roadway other than that which is identified as deposit site(s) or entry/exit roadway(s) is strictly prohibited.

F. Contractor shall be responsible for ensuring that all areas accessed to perform the required services are clean and presentable and are in good order and condition, equivalent to that which existed at the start of work.

G. The Contractor shall ensure that the haul route is clear/clean of debris and falling topsoil on the day of service.

H. Deliveries will be accomplished upon request from the Cemetery Superintendent between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, except Federal Holidays. Deliveries shall be conducted in such a manner to minimize the impact on Cemetery operations. At no time shall the Contractor’s trucks, staff, or operations interfere with interments, visitor access to, or work performed by Cemetery staff.

I. The Contractor shall protect from damage all existing improvements and utilities at or near the delivery location where the topsoil will be deposited. The Contractor shall repair any damage to those facilities resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Cemetery Superintendent may have the necessary work performed and charge the cost to the Contractor.

10.1 Topsoil Specifications:

A. Topsoil shall be free of all deleterious material that may adversely affect the growth and establishment of a vegetative cover including any metal, wood, plastic, glass, or other manmade materials not intended specifically as a soil supplement.

B. Topsoil shall be free of obnoxious weeds and invasive plants or other undesirable organisms and disease-causing plant pathogens.

C. Topsoil shall be screened, friable, loamy, free of debris, stones, and contain no toxic substance or adverse chemicals and pesticides or farm crop seeds or excessive soluble salts, or any physical condition that may be harmful to plant growth.

D. Contractor shall provide documentation on topsoil origin and soil test report with each load.

E. A topsoil substitute, soil material that may have been amended with sand, silt, clay, organic matter, fertilizer, or lime to give it the appearance of topsoil may not be used.

XI. CONTRACTOR GENERAL REQUIREMENTS:

1. Prior to submission of any bid, the Contractor should thoroughly examine the specifications, site, and conditions under which deliveries will be performed. The contractor may observe the delivery location during normal Cemetery hours of operation by contacting the Cemetery Superintendent, Leland Barksdale, at 410-363-6090.

2. The Contractor shall assume sole responsibility for the safety of all persons involved in the delivery of topsoil, in accordance with applicable State of Maryland laws and regulations. Contractor shall guard against all hazards in accordance with the safety provisions of the current (9th edition) Manual of Accident Prevention published by the Associated General Contractors of America (AGC) and the Occupational Safety and Health Administration (OSHA).

3. Contractor shall remain aware of and implement MDVA workplace requirements (see https://veterans.maryland.gov/cemetery-and-memorial-) and program/https://coronavirus.maryland.gov/pages/cdc-resources), and the Center for Disease Control’s (CDC) COVID-19 recommendations and resources (see https://www.cdc.gov/coronavirus/2019-nCoV/index.html) related to COVID-19, and seek best practices to protect the public, Contractor staff, and Cemetery staff. (See OSHA’s website https://www.osha.gov/SLTC/covid-19/construction.html.) for additional guidance.

4. The Contractor shall guarantee that all work done under this contract will be free from faulty materials or workmanship and hereby agrees to repair or replace without cost to the MDVA and to the Cemetery Superintendent’s satisfaction all defects or imperfections appearing in said work within a period of six months after the date of final acceptance by the Cemetery Superintendent of all work performed under this contract.

5. Matters related to safety, and any actions of the Contractor and/or Contractor employees shall meet all Federal, State, and Local safety requirements. It is incumbent upon the Contractor to be familiar with and to implement these requirements.

6. Contractor shall ensure that all of his/her motor vehicles and equipment meet State inspection, safety, licensing, registration, and insurance requirements.

7. Contractor shall ensure that Contractor equipment and supplies (property) required to perform work under this contract shall not be stored on the cemetery premises.

Contractor and/or Contractor staff’s personal property, equipment, or vehicles shall not be stored on the cemetery premises.

XII. OVERSIGHT AND ACCEPTANCE OF DELIVERABLES

All services under this Scope of Work shall be subject to the direction, acceptance, and approval of the Cemetery’s Superintendent:

Name: Leland Barksdale, Superintendent - Telephone Number: (410) 363-6090 https://veterans.maryland.gov/cemetery-and-memorial-)%20and%20program/ https://veterans.maryland.gov/cemetery-and-memorial-)%20and%20program/ https://coronavirus.maryland.gov/pages/cdc-resources https://www.cdc.gov/coronavirus/2019-nCoV/index.html https://www.osha.gov/SLTC/covid-19/construction.html

XIII. HOURS WHEN WORK MAY BE PERFORMED

1. The hours of operation at the Cemetery are 8:00 a.m. to 4:45 p.m. Monday through Friday. Hours of operation for Saturday, Sunday, and State holidays are 8:00 a.m. to 4:45 p.m. for visitation only.

2. The preferred time for delivery of topsoil is 8:30 am to 4:30 pm utilizing the rear entrance so as not to disrupt funeral services conducted at the Cemetery. Funeral services normally take place between the hours of 9:15 a.m., and 3:00 p.m., Monday through Friday.

3. To ensure continuity and pass-down of information, the Contractor shall meet with the Cemetery Superintendent or designated Cemetery staff upon arrival to the Cemetery, before any delivery of topsoil.

XIV. GENERAL CONDITIONS

This is a non-exclusive Contract. It does not include all work expected to be performed in the designated areas. Therefore, at times, other Contractors may be performing similar work that is not associated with this Contract.

XV. PAYMENT

A. METHOD OF PAYMENT

1. At award and upon receipt of the fully executed Contract, MDVA shall issue a State of

Maryland Purchase Order to the Contractor.

B. INVOICING

2. The Contractor shall submit a detailed invoice to the Cemetery Superintendent of services provided. Invoices shall be presented by the tenth (10th) day following the completion of services. Invoices shall contain the following information: Invoice number, Contract Name/Number and Purchase Order Number, Contractor’s name, mail address, email address, fax and telephone numbers, SERVICES PROVIDED, AND DATE(S) and Federal Tax Identification or Social Security number.

3. The Cemetery Superintendent shall review (and approve if applicable) the Invoice for accuracy and acceptance of stated work as complete, and fees charged, in compliance with Contracted rates.

4. The Cemetery Superintendent shall send the approved invoice to |accounts-payable.mdva@maryland.gov.

5. 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 mailto:accounts-payable.mdva@maryland.gov invoices, other than as prescribed by Title 15, Subtitle 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.

Note: The Maryland Department of Veterans Affairs is exempt from Maryland Sales and Use Taxes.

C. REDUCTIONS FOR NON-PERFORMANCE OR FAILURE TO MEET

STANDARDS:

The following reductions shall be used in adjusting the Contractor’s invoice should the Contractor fail to perform any task required in these specifications or performs any task below the standards as required in these specifications.

a. First occurrence - written documentation notice from the Contract Monitor to the contractor.

b. Second occurrence - written documentation and deduction of 1/12th of invoice amount.

c. Third occurrence - written documentation and deduction of 1/6th of invoice amount.

d. Reductions for "below standards work” may be made if, after the second documented notification, the Contractor has not corrected the deficiency and State workers are assigned to perform the task. Reductions will be based on the hourly wage rate of the State employee assigned to perform the task times the hour/hours required for State workers to perform the task.

e. Reductions for non-performance may be made if the task was not done and State workers must be assigned immediately to perform the task. Reductions will be based on the hourly wage rate of the State employee assigned to perform the task times the hour/hours required for State workers to perform the task.

Disputes Arising From Reductions:

a. Should the Contractor dispute the validity of a reduction determination made by the Cemetery Superintendent, he may appeal the reduction to the Cemetery Superintendent within seven (7) calendar days of receiving notice of the reduction.

b. The Cemetery Superintendent will review the reduction and make a written determination as to its validity within seven (7) days of receipt of the appeal from the Contractor.

c. Should the Contractor disagree with the decision of the Cemetery

Superintendent, the Contractor may appeal the Cemetery Superintendent’s decision to the Director of the MDVA Cemetery and Memorial Program, Russel Ware, 1122 Sunrise Beach Road, Crownsville, Maryland 21032 within seven (7) calendar days of the receipt of Manager's decision.

d. The Director shall review all documentation, evidence, and arguments of the

Contractor and the Cemetery Superintendent and make a written determination as to the validity of the reduction within seven (7) days of receiving the appeal from the Contractor.

XVI. LIABILITY

Within forty-eight (48) hours of Contract Award, Contractor (and any Subcontractors) shall secure and keep in force until the expiration of this contract insurance as listed below.

Additionally, the Contractor shall add the State of Maryland, its officers, employees, and agents as an additional insured. The contractor shall provide prior (at least 30 days) written notice of cancellation, material changes, or non-renewal of coverage, issued to the Maryland Department of Veterans Affairs.

Commercial General Liability:

Bodily Injury/Property Damage Each Occurrence Limit $ 1,000,000 Personal & Advertising Injury Limit $ 1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations Aggregate Limit $ 2,000,000 Fire Legal Liability $ 300,000 Medical Payments to Others $ 10,000

Workmen’s Compensation and Employers Liability Coverage (WC/EL) Section A: Statutory Benefits as required by the State of Maryland;

Section B: Employers Liability - $500,000 Each Accident, $500,000 Disease Policy Limit, $500,000 Disease – Each Employee

Automobile Liability (AL) Combined Single Limit $1,000.000 Include Owned, Hired, and Non-owned Auto Liability Uninsured/Underinsured Motorist $1,000,000

Umbrella: $2,000,000

Contractors Pollution Liability (CPL) Each Occurrence Limit/Aggregate $ 1,000,000/$ 2,000,000

XVII. DURATION OF THE CONTRACT/PROJECT

The anticipated term of this Contract, following final execution, shall be for a period of one (1) year from the final date of contract execution.

XVII. ATTACHMENTS

• Attachment Number One: Contract Bid Form

• Attachment Number Two: Contractor References

• Attachment Number Three: Maryland Department of Veterans Affairs SAMPLE

Small Procurement Contract

• Attachment Number Four: National Cemetery Administration National Shrine

Commitment Operational Standards and Measures

XVIII. ATTACHMENTS TO BE SUBMITTED WITH BID RESPONSE

A) Attachment Number One: Completed and Signed Contract Bid Form B) Contractor’s current Certificate of Insurance C) Any and All Acknowledgements of Receipt (Signed) of Amendments/ or Addendums issued during the solicitation process.

D) Any applicable State of Maryland licenses necessary to provide the services as stated in the Solicitation.

E) Three (3) or more references of Bidding Company’s previous work providing services of a similar nature to the specifications provided, within the last three (3) years.

ATTACHMENT ONE - CONTRACT BID FORM – (Pg. 1) MDVA-CEM-GF23-

TOPSOIL-2

CONTRACTOR INFORMATION: To be completed and signed by Contractor/Vendor.

Company Name:

Business Phone No.:

Federal ID No.:

Address:

Owner/Point of Contact:

Owner/Point of Contact Email

Owner/Point of Contact Phone No.:

Number of Years in Business under Present Name:

Other/Former Names under which your Organization has Operated:

Please PROVIDE responses to the following:

U.S. Dept. of Veterans Affairs Verified Veteran-Owned Small Business “VOSB” Yes No State of Maryland MBE Certified: Yes No __ If yes, MBE Number:

State of Maryland Small Business Enterprise: Yes No If yes, SBE Number:

State of Maryland Small Business Reserve: Yes No If yes, SBR Number:

CONTRACTOR BID PRICING: Quantities are for bid evaluation only, and are not meant to establish minimum, maximum, or exact quantities.

The Total bid price shall include the total fully loaded cost to provide goods and services as described in these specifications. The prices shall cover the performance of all requirements including supplies, equipment, wages, overhead, and profit for the entire term of the contract.

The contractor is bidding on an anticipated number of “as needed” truckloads of topsoil. This number may change. The number may be impacted by and dependent upon the start date, weather, and other unknown elements. The State reserves the right to cancel this solicitation or accept or reject all Bids, in whole or in part, received in response to this Solicitation.

CONTRACTOR BID:

Price topsoil per truckload (18 YD3) $ X (72) Truckloads = Total: $

Total Evaluated Price (CONTRACTOR TOTAL): Total Cost $

CONTRACTOR SIGNATURE: DATE:

ATTACHMENT TWO - CONTRACTOR REFERENCES: Please provide three (3) or more references for previous work (under the current business name) providing services of a similar nature to the specifications provided, within the last three (3) years.

#1. Company Name: Contact Person:

City:

State: Zip Code:

Contact Phone No.:

Contact Email Address:

Type of Contract: Check all boxes that apply

� Topsoil supply and delivery.

� Cemetery-related topsoil removal and hauling � Construction-related removal and hauling � State of Maryland Contract � Federal Contract � Other

Term of Contract: From: to: Contract Value: $

Please describe in detail the services that were provided:

#2. Company Name: Contact Person:

hauling � Construction-related removal and hauling � State of Maryland Contract

#3. Company Name: Contact Person:

hauling � Construction-related removal and hauling � State of Maryland Contract

ATTACHMENT THREE – SAMPLE CONTRACT

STATE OF MARYLAND

DEPARTMENT OF VETERANS AFFAIRS

SMALL PROCUREMENT CONTRACT

MDVA-CEM-GF23-TOPSOIL-2

THIS CONTRACT (the “Contract”), is made as of the day of July, 2023 by and between the STATE OF MARYLAND, acting through the MARYLAND DEPARTMENT OF VETERANS AFFAIRS (“Department”), whose principal office is located at 16 Francis Street, Annapolis, Maryland, 21401 and , (“Contractor”) whose principal office is located at , together, hereinafter known as the “Parties.”

The Parties agree as follows:

1. Scope of Contract.

(a) The Contractor shall provide the following services:

The Contractor shall supply and deliver topsoil at Garrison Forest Veterans Cemetery, located at 11507 Garrison Forest Road, Owings Mills, Maryland, 21117. The Contractor shall provide supply and deliver topsoil as specified in Exhibit A – Solicitation MDVA-CEM-GF23-TOPSOIL-2.

The Solicitation dated June 27, 2023, is attached, and incorporated by reference as Exhibit A. The Contractor’s bid or proposal dated is attached and incorporated by references as Exhibit B. If there is any conflict between this Contract and any exhibits incorporated by reference, the terms of this Contract shall govern. If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision: Exhibit A –the Solicitation, and Exhibit B – the Contractor’s bid or proposal.

(b) Changes. This Contract may be amended only with the written consent of both Parties. Amendments may not change significantly the scope of the Contract (including the Contract price).

2. Term of Contract. The anticipated term of this Contract shall be for one (1) year from the date of final execution by the State of Maryland if agreed to by both Parties.

3. Compensation and Method of Payment.

(a) Compensation. The total compensation for goods and services to be rendered by the Contractor shall not exceed $

(b) Method of Payment. The Department shall pay the Contractor no later than thirty (30) days after the Department receives a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, State Finance and Procurement Article, Maryland Code, are prohibited.

(c) Tax Identification Number. The Contractor’s Federal Tax Identification Number is .

Contractor’s Federal Tax Identification Number shall appear on all invoices submitted by the Contractor to the

Department for payment.

(d) Invoicing. The Contractor shall submit a detailed invoice to the Cemetery Superintendent of services provided. Invoices shall be presented by the tenth (10th) day following the completion of services. Invoices shall contain the following information: Invoice number, Contract Name/Number and Purchase Order Number, Contractor’s name, mail address, email address, fax and telephone numbers, SERVICES PROVIDED, AND DATE(S) and Federal Tax Identification or Social Security number.

The Cemetery Superintendent shall review (and approve if applicable) the Invoice for accuracy and acceptance of stated work as complete, and fees charged, in compliance with Contracted rates.

The Cemetery Superintendent shall send the approved invoice to |accounts-payable.mdva@maryland.gov.

4. Procurement Officer. The Department designates Tom Johnson to serve as Procurement Officer for this Contract. All contact between the Department and the Contractor regarding all matters relative to this Contract shall be coordinated through the Procurement Officer.

5. The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

6. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

7. Termination for Convenience. The State may terminate this Contract, in whole or in part, without showing cause upon prior written notification to the Contractor specifying the extent and the effective date of the termination. The State will pay all reasonable costs associated with this Contract that the Contractor has 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 any anticipatory profits which have not been earned 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 21.07.01.12(A)(2).

8. Termination for Default. If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the Department may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

9. Termination for Non-appropriation. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

10. Non-Discrimination in Employment. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law, including, but not limited to, the employment provisions of §13-219 of the State Finance and Procurement Article, Maryland Code and Code of Maryland Regulations 21.07.01.08, and the commercial nondiscrimination provisions of Title 19, Subtitle 1, State Finance and Procurement Article, Maryland Code.

11. Maryland Law Prevails. The laws of Maryland shall govern the interpretation and enforcement of this Contract. The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract or any software license acquired hereunder.

12. Anti-Bribery. The Contractor certifies that, to the Contractor’s best knowledge, neither the Contractor;

nor (if the Contractor is a corporation or partnership) any of its officers, directors, partners, or controlling stockholders; nor any employee of the Contractor who is directly involved in the business’s contracting activities, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

IN WITNESS THEREOF, the Parties have executed this Contract as of the date herein set forth below.

CONTRACTOR STATE OF MARYLAND

DEPARTMENT OF VETERANS AFFAIRS

DO NOT SIGN AT THIS TIME

By: By:

DO NOT SIGN AT THIS TIME

(Printed Name and Title) (Printed Name and Title)

Date Date