QUESTIONS AND ANSWERS_BPM049082_R2.pdf

QUESTIONS AND ANSWERS – Round 2

Date: February 20, 2026

STATE OF MARYLAND

DEPARTMENT OF GENERAL SERVICES

OFFICE OF STATE PROCUREMENT

SOLICITATION: BPM049082

CONTRACT TITLE: Statewide Trash Removal and Recycling Contract

Q1. Is there any guidance on completing the D1A form seeking a waiver? Specifically, am I to complete anything on pages D7-D9, which is part 3?

A1. Refer to Exhibit 3_SAMPLE FORMS_MBE-Forms uploaded in eMMA under this Amendment.

Q2. Is there any guidance on completing D1B – through the rest of the packet when there are no

MBEs to reach out to?

A2. Refer to Exhibit 3_SAMPLE FORMS_MBE-Forms uploaded in eMMA under this Amendment.

Q3. To confirm, I only submit D1A with the initial bid, is that correct, even if I’m requesting the waiver which would be only pages D1 through D10 is that correct?

A3. That is correct. Bidders are only required to submit D1A with their bid submission. Bidders requesting a full or partial waiver must indicate that intention in Part 2 and follow the instructions as applicable.

Q4. Can you confirm if there is more than one “functional area or category” for this solicitation? I’m referring to the description from the RFB: “A separate Attachment D-1A is to be submitted for each Functional Area or Service Category.”

A4. There is only one service category for this solicitation.

Q5. I searched the MDOT MBE database and there are no MBE’s registered in MD for the NAICS codes that would apply to this solicitation. So there is no one for me to send written requests to for responses, certainly not for those that would service the area we would bid on, which is Allegany County. Will the screen capture be satisfactory as far as an effort to locate MBE subcontractors? I just want to make sure I’m making a good-faith effort and that I complete all required documents correctly.

A5. Refer to Exhibit 3_SAMPLE FORMS_MBE-Forms uploaded in eMMA under Amendment 4

Q6. Confirming: the bid must be completed by the county, not per location. Meaning you must bid on each location within the county to be eligible.

A6. If a Bidder wishes to be considered for an award, the Bidder must bid on each county identified on each tab for which county or counties they wish to be considered on Attachment B – BPM049082_Bid Sheet_7yrs. Bidders are not required to submit a bid for all counties to be considered for an award in that county or counties where they wish consideration.

Q7. Additional Provisions. We request that the following additional provisions be included in the final contract.

Definitions.

a. Unacceptable Waste: (1) Hazardous Waste; (2) radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, or toxic waste as defined by Applicable Law; or (3) any otherwise regulated waste.

b. Hazardous Waste: Hazardous waste includes, but is not limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to RCRA, and including future amendments thereto, and any other Applicable Law.

c. Solid Waste: Solid Waste is any nonhazardous solid waste generated at Locations that is not excluded by the provisions of this Agreement. Solid Waste shall not include any Unacceptable Waste.

A7.a.b.c. Although the above terms are not defined in the IFB, they are accurate descriptions of the materials to be included and excluded from this Contract.

d. Waste Material: Waste Material is all Solid Waste and Recyclable Material that are not excluded by this Agreement. Waste Material does not include any Unacceptable Waste.

e. Title. Title to Waste Material will pass to Contractor when it is collected into the

Contractor’s vehicle. Title to and liability for any Unacceptable Waste will at no time pass to Contractor.

A7.d.e Waste Material and Title are not terms that appear in the IFB.

f. Recyclable Material. Recyclable Material consists of any material or substance at Locations that can be put to beneficial re-use or sold in recognized markets for purposes other than disposal, including, without limitation, uncontaminated non-hazardous corrugated cardboard, white paper, newsprint and other paper; plastics and plastic film;

ferrous and non-ferrous metals; and glass.

A7.f. Refer to IFB Section H. Recycling for the recycling materials list.

g. Right of Refusal: If anything listed as an Unacceptable Waste is discovered before it is collected by Contractor, Contractor may refuse to collect the entire pick-up that contains those items. In such situations, Contractor shall contact the Customer and the Customer shall promptly undertake appropriate action to ensure that such items are removed and properly disposed of by the depositor or generator of the items. In the event such items are present but not discovered until after it has been collected by Contractor, Contractor may, in its sole discretion, remove, transport, and dispose of such items at a facility authorized to accept those items, in accordance with Applicable Law and charge the depositor or generator for all direct and indirect costs incurred due to the removal, remediation, handling, transportation, delivery, and disposal of those items. The Customer shall provide all reasonable assistance to Contractor to conduct an investigation to determine the identity of the depositor or generator of those items and to collect the costs incurred by Contractor in connection with such items. Subject to the Customer’s providing all such reasonable assistance to Contractor, Contractor shall release Customer from any liability for any such costs incurred by Contractor in connection with excluded items, except to the extent that the items are determined to be attributed to the Customer.

h. Specifications for all Recyclable Material. Recyclable Material shall comply with any and all specifications provided by Contractor in order to meet quality thresholds for commodity markets and be free of contamination. To the extent any type of Recyclable Material is received within the Customer limits is rejected by the recycling facility or is not of the intended quality or grade, Contractor will notify the Customer and Customer shall pay any damages, costs, and penalties incurred by Contractor due to such rejection or lesser quality or grade, to include transportation and disposal costs for the residual material. If market conditions develop that limit or inhibit Contractor from selling some or all of the Recyclable Materials, Contractor may (i) suspend or discontinue any or all Recycling services, or (ii) dispose of the Recyclable Material in a landfill and update the Customer’s rates accordingly.

A7.g.h. These terms will not be added to State Contracts.

i. Wavier of Claims. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

A7.i. Waiver of Claims is not a term that appears in the IFB.

j. Equipment: Except as otherwise indicated in the Contract, any equipment Contractor furnishes shall remain Contractor’s property. The Customer shall be liable for all loss or damage to such equipment (except for normal wear and tear and for loss or damage resulting from Contractor’s handling of the equipment). The Customer shall use the equipment only for its proper and intended purpose and shall not overload (by weight or volume), move or alter the equipment. The Customer shall provide safe, unobstructed access to the equipment on the scheduled collection day. The Contractor may charge an additional fee for any additional collection service required by the failure to provide access.

k. Damage to Pavement: Contractor shall not be responsible for any damages to Customers pavement, curbing or other driving surfaces resulting from Contractor’s providing service at Customers locations, except to the extent caused by Contractor’s negligence.

A7.j.k Rented equipment and responsibility for damage are already addressed in the IFB.

Q8. 2.3.A.2 on Page 8 it states "All equipment, labor, and materials necessary for the proper operation and functionality of these services shall be provided, maintained, and performed by the Contractor." 2.3.D.4 on Page 10 it states "Compactors shall be provided with necessary chutes and doghouses where required" Can you please provide a count of how many sites per region would require Chutes and Doghouses? This is a high cost and the number in which we are expected to install impacts our costs and projected rental fee.

For example, a site where a compactor is needed without the installation of a chute we may price more favorably than a site where chute installation is required.

A8. Refer to Appendix A – AGENCY USAGE ESTIMATE uploaded in eMMA under Amendment 4 of this solicitation.

Q9. When submitting the addenda, does just the acknowledgement need to be submitted or the entire document?

A9. The only requirement is the acknowledgement document, which must be signed and dated with your bid submission.

Q10. Section G lists this as a requirement for the bid submission, but I don’t see an attachment for it:

` G. Contractor Responsibilities

1. The Bidder shall designate a proposed Project Manager who has a minimum of two

(2) years of experience supervising trash removal services for facilities similar in type and size to those described in this IFB. The Bidder shall provide, with its Bid, a résumé for the proposed Project Manager and three (3) client references demonstrating such experience. Each reference shall include the length of employment, the type of facility, and the approximate square footage of the serviced buildings

Section 2.3 seems to be the same requirement, but says “upon request” A10. Section G will be removed from the IFB. Refer to Section 2.3; the requirement is upon request.

END OF QUESTIONS AND ANSWERS ROUND 2