P-065-242-010 Info To Bidders Point Lookout Renovation.pdf

Information to Bidders

EC#P-065-242-010/BPM58150

This procurement is designated for Small Business Reserve

NOTICE TO BIDDERS

Solicitation Fact Sheet

- PLEASE READ THOROUGHLY -

BIDS FOR THIS SOLICITATION ARE BEING ACCEPTED SOLELY ONLINE

THROUGH eMaryland Marketplace Advantage (eMMA) https://emma.maryland.gov

Solicitation #: BPM058150

DNR Project #: P-065-242-010 DNR Project Title: Renovation of the Exteriors at Point Lookout State Park Project Location: 10465 Point Lookout Road, Scotland, MD 20687 Procurement Officer: Rene Alonso Procurement Email: Rene.alonso2@maryland.gov Project Manager: James Mc Grath SBR-Designated: Yes MBE Goal: 15% See Section I.7.C VSBE Goal: 0% See Section I.7.D Retainage: 5% See Section XV

For the purpose of this solicitation, the Department of General Services (DGS) Instructions to Bidders for Construction Projects (July 2022), and the DGS General Conditions for Construction Contracts (July 2022) have been supplemented as follows:

I. NOTICE TO BIDDERS:

1. Bid Due Date: Thursday, August 20, 2026 at 4:00pm

2. Pre-Bid Conference will be held on Monday, August 10, 2026, at 10:30am.

It will occur at 10465 Point Lookout Road

Scotland, MD 20687 Please email any reasonable ADA accommodation request for attending the pre-bid conference directly to the Procurement Officer no later than , Tuesday, August 4, 2026 at 1:00pm (five business days before the pre-bid conference date).

3. Carefully review the Department of General Services (DGS) Instructions to Bidders for

Construction Projects (July 2022); which are attached to this solicitation; and the DGS General Conditions for Construction Contracts (July 2022).

https://emma.maryland.gov/ mailto:Rene.alonso2@maryland.gov https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf

4. Carefully review the State of Maryland – Department of General Services Instructions to Bidders for Construction Projects (July 1, 2022); as provided.

5. The Project Classification for this solicitation is “B” ($100,000 - $500,000).

6. Small Business Reserve Designation:

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses. 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 certified small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

7. Subcontractor Engagement:

A) A minimum of 51% of all work performed per this contract shall be performed by the prime contractor’s own employee work force under its immediate supervision.

B) No more than 49% of the work performed per the Project Manual may be performed by any subcontractor. All subcontracts must be disclosed on Attachment P per § II.

C) Minority Business Enterprise (MBE):

The MBE Subcontract Participation Goal for this Solicitation is 15%.

The MBE participation shall be a percentage of the TOTAL CONTRACT VALUE.

Please refer to the MDOT MBE Directory at https://marylandmdbe.mdbecert.com/ to determine if a firm is certified with the appropriate North American Industry Classification System (“NAICS”) Code and the product/services description. Only those specific products and/or services for which a firm is certified in the MDOT Directory can be used for purposes of achieving the MBE participation goals.

If, for any reason, the apparent successful bidder is unable to achieve the contract goal for each certified MBE classification specified as having a subcontract goal or the overall MBE contract goal, the bidder will be contacted to document its waiver request as stated in the Minority Business Enterprise Attachment D – February 5, 2021.

Please review all MBE information carefully. Refer to the Minority Business Enterprise Attachment D – February 5, 2021 for further information.

https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://marylandmdbe.mdbecert.com/

D) Veteran-Owned Small Business Enterprise (VSBE):

The VSBE Subcontract Participation Goal for this solicitation is 0%.

The VSBE participation shall be a percentage of the TOTAL CONTRACT VALUE.

Confirmation of VSBE Program Certification – eMMA is the exclusive platform to use when verifying that a veteran vender is certified in the State’s VSBE program.

The “VSBE Certification #” field must be populated and the “VSBE Expiration Date” must be valid.

Please review all VSBE information carefully. Refer to Attachment E – Veteran-owned Small Business Enterprise” for further information.

8. All questions pertaining to this project must be submitted in writing via email to the

Procurement Officer. Questions shall be submitted by Thursday August 12, 2026 by 4:00 PM. Response to all questions will be loaded into the eMMA solicitation.

II. BID FORMS:

1. The bidder shall submit a bid including the following forms and all line items listed on the eMMA solicitation.

A) The Bid Response Package with acknowledgement of all addenda;

B) Contractor Experience Form (with Notice of Intent to Award) C) Attachment A – Bid/Proposal Affidavit;

D) Attachment C – Bid Bond;

E) Attachment D – MBE Forms;

F) Attachment F – Bidder/Offeror Information Sheet;

G) Attachment I – Conflict of Interest Affidavit;

H) Attachment O – Payment of Employee Healthcare Expenses Certificate;

I) Attachment P – List of All Subcontractors; and J) Attachment U – Contract Affidavit

2. The bid form(s) shall be completed in ink or typed. Any erasures and/or alterations shall be initialed in ink by the signor.

3. The bid response package, if submitted by an individual, shall be signed by the individual; if submitted by a partnership, it shall be signed by such member or members of the partnership as having authority to bind the partnership; if submitted by a corporation, it shall be signed by an officer, and attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer, as aforesaid, there must be attached a copy of that portion of the By-Laws or a copy of a Board resolution, duly certified by the corporate secretary, showing the authority of the person signing on behalf of the corporation.

4. Any contractor calling itself a “joint venture” shall be, as between the contractor and the State, an ordinary partnership, whose partners are liable to the State as provided in Corporations and Associations Article §9-307 of the Annotated Code of Maryland.

III. BID SUBMISSION:

1. Bid Response Packages submitted in response to this solicitation must be uploaded to eMMA (https://emma.maryland.gov).

2. Prices shall be submitted via eMMA digital line items, referencing the Bid Response Package and Project Manual.

3. Duplicate bid submissions will not be accepted. Notice of intention to withdraw a bid and/or submission of a replacement bid is to be sent to the Procurement Officer via email.

4. Incomplete bid responses packages and digital line items may result in the rejection of the contractor’s bid.

IV. LICENSES AND CERTIFICATES:

1. If the State of Maryland or other regulatory body requires a license or certificate to perform the services required, a copy of the license number and date of issuance must be submitted with the Bid Response Package.

2. A physical copy of the license must be provided to the Department upon request by the Procurement Officer.

V. INSURANCE REQUIREMENTS:

1. The base bid shall include without limitation, labor, materials, bailing, shoring, removal, overhead, profit, insurance (including builder’s risk insurance, if applicable) etc.

2. Builder's Risk Insurance is NOT required for this project.

3. Refer to the General Conditions for Construction Projects, 10.01: Insurance Requirements.

VI. TIME FOR BID ACCEPTANCE:

1. The Contractor agrees that the bid price(s) submitted will be firm for a timer period of one hundred twenty (120) calendar days from the bid opening date.

2. After bid opening, the Procurement Officer may request bidders to extend the time during which the State may accept their bids, provided that, with regard to bids, no other change is permitted.

VII. ALL NON-RESIDENT BIDDERS:

Provide information with your bid as required by Section 12 of the DGS Instructions to https://emma.maryland.gov/

Bidders.

VIII. BID BOND, PERFORMANCE and PAYMENT BOND:

1. Solicitations for construction contracts reasonably expected by the procurement officer to exceed the small procurement threshold for construction in Md. Code Ann., State Fin. & Proc. (SFP) § 13-109 ($200,000 as of October 1, 2025) shall contain notice of bid/proposal security requirements (See COMAR 21.06.07).

2. Solicitations for all other contracts reasonably expected by the procurement officer to exceed the small procurement threshold in SFP § 13-109 ($100,000 as of October 1, 2025) and for which the Bid/Proposal Bond Attachment is included, shall contain notice of the bid/proposal security requirements.

3. Notwithstanding 1 and 2 of this section, notice of bid/proposal security is required if a federal law or a condition of federal assistance for the contract requires it.

IX. PAYMENT TO CONTRACTORS:

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

X. COMPLETION TIME AND LIQUIDATED DAMAGES:

The work shall be completed within 120 calendar days from the date of Notice to Proceed. If the work is not completed within the time period specified, the Contractor will be liable for liquidated damages of $350.00 per calendar day, as specified in the “DGS General Conditions”.

XI. LIQUIDATED DAMAGES FOR MBE SUBCONTRACTORS

1. The Contract requires the Contractor to comply in good faith with the MBE Program and

Contract provisions. The State and the Contractor acknowledge and agree that the State 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 comply in good faith with the requirements of the MBE Program and MBE Contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult to ascertain with precision.

2. Therefore, upon issuance of a written determination by the State that the Contractor failed to comply in good faith with one or more of the specified MBE Program requirements or

MBE Contract provisions, the Contractor shall pay liquidated damages to the State at the rates set forth below. The Contractor expressly agrees that the State 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 proximate 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): $33.09 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):

$115.80 per MBE subcontractor.

C) 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 amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the Contract.

D) Failure to meet the Contractor’s total MBE participation goal and sub goal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

3. Notwithstanding the assessment or availability of liquidated damages, the State reserves the right to terminate the Contract and exercise any and all other rights or remedies which may be available under the Contract or Law.

XII. AWARD AND EXECUTION OF THE CONTRACT:

1. The basis of the award will be to the lowest responsive and responsible bidder submitting the lowest Total Bid amount including any unit prices and alternates. All Unit Prices listed will be evaluated and awarded.

2. If notified by the Procurement Officer of “Intent to Award”, the following must be provided to the Department of Natural Resources via email to the Procurement Officer.

A) Certificate of Insurance B) Current W-9 C) Contract Affidavit (unless previously submitted with Bid Response Package)

Failure to submit these documents within 10 days of notification of “Intent to Award” may result in the rejection of the bid.

3. Upon review and approval of the Department and/or the Board of Public Works, an executed contract will be emailed to the Contractor. The Contract issued as a result of the Bid Solicitation and any subsequent amendments, modifications, or renewal options issued relevant to the Bid Solicitation or Contract, shall comply with all of the terms and conditions and specifications issued with the Bid Solicitation and are incorporated in and made part of the Contract.

XIII. INVOICING AND PAYMENTS

1. Upon completion and acceptance of the completed scope of work by the State, the Bidder shall submit a proper invoice for payment. According to COMAR 21.06.09.01(C), a proper invoice must include, without error, the Contractor's federal employer identification number or Social Security number, the Purchase Order Number, and any documentation required by regulation or the procurement contract. The Department requires the Contractor's address, phone number, and the address where the work was provided to be included. All invoices must be submitted to:

Maryland Department of Natural Resources Engineering & Construction Division Attn: James McGrath, Project Manager 580 Taylor Avenue, D-3 Annapolis, MD 21401 James.mcgrath@maryland.gov

Failure to provide a proper invoice may result in a delay in payment.

2. Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments to the Contractor will be made no later than 30 days after the State's receipt of a proper invoice from the Contractor. Payment will be considered to be made on the settlement date for an electronic funds transfer payment, or the mailing date of the check for a check payment.

3. Contractors are entitled to interest on late payments at the rate of 9 percent per annum per

COMAR 21.06.09.06 (A) if an invoice is submitted within 30 days after the date of payment and a contract claim has not been filed. The State is not liable for interest accruing more than one year after the 31st day after the agency receives a proper invoice or on unpaid interest.

4. 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.

5. Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract.

XIV. CONSTRUCTION CONTRACT RETAINAGE

Contract retainage of 5% the total award value applies to all construction contracts in the amount of $200,000 or more; or if Minority Business Enterprise or Veteran-Owned Small Business Enterprise subcontracting participation goals are applied.

See COMAR 21.06.06.01.

XV. PAYMENT OF EMPLOYEE HEALTH CARE EXPENSES CERTIFICATION:

1. Payment of Employee Health Care Expenses Certification (Attachment O), Under State

Finance & Procurement Article Title 17, Subtitle 8, Form must be submitted with the bid.

2. Failure to submit the form will deem the bidder as non-responsible and the bid will be rejected under COMAR 21.06.01.01.

XVI. PREVAILING WAGE RATES:

Prevailing wage rates apply to all contracts in the amount of $250,000.00 or more. Wage rates applicable to projects of $250,000.00 or more are attached to the specifications.

XVII. CHANGES/MODIFICATIONS TO THE CONTRACT:

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).

Contract modifications to a small procurement contract shall be administered in accordance with the delegations specified in COMAR 21.02.01.04 and the procedures promulgated by the Departments.

XVIII. 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 will 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.

XIX. 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 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).

XX. 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 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, will be governed by the provisions of COMAR 21.07.01.11B.

XXI. DETAILED SPECIFICATIONS:

See the published Project Manual dated 03/06/2026 on eMMA.

Attachment A. Bid Proposal Affidavit effective date: July 2024

A. AUTHORITY

I hereby affirm that I, _________________________________________________ (name of affiant) am the ___________________________________ (title) and duly authorized representative of

____________________________________________________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct:

In preparing its Bid/Proposal on this project, the Bidder/Offeror has considered all Bid/Proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners.

“Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/Proposal. As part of its Bid/Proposal, the Bidder/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

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

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

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

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

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

Attachment A. Bid/Proposal Affidavit

Attachment A. Bid Proposal Affidavit effective date: July 2024

Bid/Proposal.

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

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS

ENTERPRISES.

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

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

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

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

(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.13; or

(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of § B-2(1) -(5) of this regulation.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

Attachment A. Bid Proposal Affidavit effective date: July 2024

D. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of § 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)— (5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Bids/Proposals for a public or private contract;

(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract;

(9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code:

(a) §7201, Attempt to Evade or Defeat Tax;

(b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax,

(c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information;

(d) §7206, Fraud and False Statements, or

(e) §7207 Fraudulent Returns, Statements, or Other Documents;

(10) Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States;

(11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland;

(12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:

Attachment A. Bid Proposal Affidavit effective date: July 2024

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

(i) Made in a contested case under the Maryland Administrative Procedure act; and

(ii) Not overturned on judicial review;

(13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if:

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

(i) Made in a contested case under the Maryland Administrative Procedure act; and

(ii) Not overturned on judicial review;

(14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if:

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

(i) Made in a contested case under the Maryland Administrative Procedure act; and

(ii) Not overturned on judicial review; or

(15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(1)—(14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

E. AFFIRMATION REGARDING DEBARMENT

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the

Attachment A. Bid Proposal Affidavit effective date: July 2024 name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person’s involvement in any activity that formed the grounds of the debarment or suspension).

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

(1) The business was not established and does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):

G. SUBCONTRACT AFFIRMATION

Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

H. AFFIRMATION REGARDING COLLUSION

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business has:

(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Bid/Proposal that is being submitted; or

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/Proposal price of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying Bid/Proposal is submitted.

I. CERTIFICATION OF TAX PAYMENT

I FURTHER AFFIRM THAT:

Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, State Department of Assessments and Taxation, and Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J. CONTINGENT FEES

Attachment A. Bid Proposal Affidavit effective date: July 2024

The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract.

K. CERTIFICATION REGARDING INVESTMENTS IN IRAN

(1) The undersigned certifies that, in accordance with State Finance and Procurement Article, §17- 705, Annotated Code of Maryland:

(a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland; and

(b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland.

(2) The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities:

L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF

CONGO (FOR SUPPLIES AND SERVICES CONTRACTS)

I FURTHER AFFIRM THAT:

The business has complied with the provisions of State Finance and Procurement Article, §14-413, Annotated Code of Maryland governing proper disclosure of certain information regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law.

M. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL

I FURTHER AFFIRM THAT:

In preparing its bid/proposal on this project, the Bidder/Offeror has considered all bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The Bidder/Offeror also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bid/proposals for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the bid/proposal.

N. I FURTHER AFFIRM THAT:

Any claims of environmental attributes made relating to a product or service included in the bid or bid/proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims as provided in 16 C.F.R. §260, that apply to claims about the environmental attributes of a product, package or service in connection with the marketing, offering for sale, or sale of such item or service.

Attachment A. Bid Proposal Affidavit effective date: July 2024

O. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this Bid/proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT

THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

By:

Signature of Authorized Representative and Affiant

Printed Name:

Printed Name of Authorized Representative and Affiant

Title:

Title

Date:

Date

Attachment C. Bid Bond effective date: July 2024

Attachment C. Bid Bond

Bond No. __________________

We, _______________________________ as Principal, hereinafter called the Principal, and ____________________________, a corporation duly organized under the laws of the State of __________________, as Surety, hereinafter called the Surety, are held and firmly bound unto the State of Maryland, hereinafter called "State", for the sum of _______________________________________ for the payment of which sum, the Principal and the Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a bid for (Identify project by number and brief description):

NOW, THEREFORE, if the Principal, upon acceptance by the State of its bid identified above, within the period specified therein for acceptance (ninety (90) days, if no period is specified), shall execute such further contractual documents, if any, and give such bond(s) as may be required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms, or in the event of failure so to execute such further contractual documents and give such bonds, if the Principal shall pay the State the difference not to exceed the penalty hereof between the amount specified in Principal's bid and such larger amount for which the State may in good faith contract with another party to perform the work covered by said bid, then the above obligation shall be void and of no effect.

The Surety executing this instrument hereby agrees that its obligation shall not be impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the State, notice of which extension(s) to the Surety being hereby waived; provided that such waiver of notice shall apply only with respect to extensions aggregating not more than ninety (90) calendar days in addition to the period originally allowed for acceptance of the bid.

Individual Principal

In Presence of:

Witness

(Name) as to (SEAL)

Partnership Principal

In Presence of:

Witness

(Name) as to (SEAL) Partner as to (SEAL) Partner as to (SEAL) Partner

Corporate Principal

Attachment C. Bid Bond effective date: July 2024

Attest: (Name of Corporation) AFFIX

SEAL

Secretary President

Attest: (Surety)

Attorney-in-fact AFFIX

SEAL

Bonding Agent’s Name

Agent’s Address:

Approved as to form and legal sufficiency this ____ day of _____ 20___

Assistant Attorney General

Attachment D – MBE Forms Page D-1 effective date: February 5, 2021

Attachment D. Minority Business Enterprise (MBE) Forms

D-1A

MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT

& MBE PARTICIPATION SCHEDULE

PART 1 - INSTRUCTIONS

PLEASE READ BEFORE COMPLETING THIS DOCUMENT

This form includes Instructions and the MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule which must be submitted with the bid/proposal. If the bidder/offeror fails to accurately complete and submit this Affidavit and Schedule with the bid or proposal, the Procurement Officer shall deem the bid non-responsive or shall determine that the proposal is not reasonably susceptible of being selected for award unless the inaccuracy is determined to be the result of a minor irregularity that is waived or cured in accordance with COMAR 21.06.02.04.

1. Contractor shall structure its procedures for the performance of the work required in this Contract to attempt to achieve the minority business enterprise (MBE) subcontractor participation goal stated in the Invitation for Bids or Request for Proposals. Contractor agrees to exercise good faith efforts to carry out the requirements set forth in these Instructions, as authorized by the Code of Maryland Regulations (COMAR) 21.11.03.

2. MBE Goals and Subgoals: Please review the solicitation for information regarding the Contract’s

MBE overall participation goals and subgoals. After satisfying the requirements for any established subgoals, the Contractor is encouraged to use a diverse group of subcontractors and suppliers from the various MBE classifications to meet the remainder of the overall MBE participation goal.

3. MBE means a minority business enterprise that is certified by the Maryland Department of

Transportation (“MDOT”). Only MBEs certified by MDOT may be counted for purposes of achieving the MBE participation goals. In order to be counted for purposes of achieving the MBE participation goals, the MBE firm, including a MBE prime, must be MDOT-certified for the services, materials or supplies that it is committed to perform on the MBE Participation Schedule.

A firm whose MBE certification application is pending may not be counted.

4. Please refer to the MDOT MBE Directory at https://mbe.mdot.maryland.gov/directory/ to determine if a firm is certified with the appropriate North American Industry Classification System (“NAICS”) Code and the product/services description (specific product that a firm is certified to provide or specific areas of work that a firm is certified to perform). For more general information about NAICS codes, please visit https://www.census.gov/eos/www/naics/. Only those specific products and/or services for which a firm is certified in the MDOT Directory can be used for purposes of achieving the MBE participation goals. CAUTION: If the firm’s NAICS Code is in graduated status, such services/products may not be counted for purposes of achieving the MBE participation goals. A NAICS Code is in the graduated status if the term “Graduated” follows the Code in the MDOT MBE Directory.

5. Guidelines Regarding MBE Prime Self-Performance. Please note that when a certified MBE firm participates as a prime contractor on a Contract, a procurement agency may count the distinct, clearly defined portion of the work of the Contract that the certified MBE firm performs with its own workforce toward fulfilling up to, but no more than, fifty-percent (50%) of the overall

Attachment D – MBE Forms Page D-2 effective date: February 5, 2021

MBE participation goal, including up to one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for the Contract.

✓ In order to receive credit for self-performance, an MBE prime must be certified in the appropriate NAICS code to do the work and must list its firm in the MBE Participation Schedule, including the certification category under which the MBE prime is self-performing and include information regarding the work it will self-perform.

✓ For the remaining portion of the overall goal and the remaining subgoals, the MBE prime must also identify on the MBE Participation Schedule the other certified MBE subcontractors used to meet those goals or request a waiver.

✓ These guidelines apply to the work performed by the MBE Prime that can be counted for purposes of meeting the MBE participation goals. These requirements do not affect the MBE Prime’s ability to self-perform a greater portion of the work in excess of what is counted for purposes of meeting the MBE participation goals.

✓ Please note that the requirements to meet the MBE participation overall goal and subgoals are distinct and separate. If the contract has subgoals, regardless of MBE Prime’s ability to self-perform up to 50% of the overall goal (including up to 100% of any subgoal), the MBE Prime must either commit to use other MBEs for each of any remaining subgoals or request a waiver. As set forth in Attachment 1-B Waiver Guidance, the MBE Prime’s ability to self-perform certain portions of the work of the Contract will not be deemed a substitute for the good faith efforts to meet any remaining subgoal or the balance of the overall goal.

✓ In certain instances where the percentages allocated to MBE participation subgoals add up to more than 50% of the overall goal, the portion of self-performed work that an MBE Prime may count toward the overall goal may be limited to less than 50%. Please refer to the Governor‘s Office of Small Minority & Women Business Affairs’ website for the MBE Prime Regulations Q&A for illustrative examples.

http://www.goMDsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulatio n_QA.pdf

6. Subject to items 1 through 5 above, when a certified MBE performs as a participant in a joint venture, a procurement agency may count a portion of the total dollar value of the Contract equal to the distinct, clearly-defined portion of the work of the Contract that the certified MBE performs with its own forces toward fulfilling the Contract goal, and not more than one of the Contract subgoals, if any.

7. The work performed by a certified MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the MBE firm is performing a commercially useful function on the Contract. Please refer to COMAR 21.11.03.12-1 for more information regarding these requirements.

8. Materials and Supplies: New Guidelines Regarding MBE Participation.

Regular Dealer (generally identified as a wholesaler or supplier in the MDOT Directory):

Up to 60% of the costs of materials and supplies provided by a certified MBE may be counted towards the MBE participation goal(s) if such MBE is a Regular Dealer of such materials and supplies. Regular Dealer is defined as a firm that owns, operates, or maintains a store, a warehouse, or any other establishment in which the materials, supplies, articles, or equipment are of the general character described by the specifications required under the contract and are bought, kept in stock, or regularly sold or leased to the http://www.gomdsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulation_QA.pdf http://www.gomdsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulation_QA.pdf

Attachment D – MBE Forms Page D-3 effective date: February 5, 2021 public in the usual course of business; and does not include a packager, a broker, a manufacturer’s representative, or any other person that arranges or expedites transactions.

Example for illustrative purposes of applying the 60% rule:

Overall contract value: $2,000,000 Total value of supplies: $100,000

Calculate Percentage of Supplies to overall contract value: $100,000 divided by $2,000,000 = 5%

Apply 60% Rule - Total percentage of Supplies/Products 5% x 60% = 3%

3% would be counted towards achieving the MBE Participation Goal and Subgoal, if any, for the MBE supplier in this example.

Manufacturer: A certified MBE firm’s participation may be counted in full if the MBE is certified in the appropriate NAICS code(s) to provide products and services as a manufacturer.

Broker: With respect to materials or supplies purchased from a certified MBE that is neither a manufacturer nor a regular dealer, a unit may apply the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, fees, or transportation charges for the delivery of materials and supplies required on a procurement toward the MBE contract goals, provided a unit determines the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. A unit may not apply any portion of the costs of the materials and supplies toward MBE goals.

Furnish and Install and other Services: The participation of a certified MBE supplier, wholesaler, and/or regular dealer certified in the proper NAICS code(s) to furnish and install materials necessary for successful contract completion may be counted in full.

Includes the…