Altus Project Management Software Solicitation #: TE-00211658 IFB Document

IFB for Maryland Transportation Authority Page 1 of 48

STATE OF MARYLAND

MARYLAND TRANSPORTATION AUTHORITY (MDTA)

INVITATION FOR BIDS (IFB)

ALTUS PROJECT MANAGEMENT SOFTWARE

eMMA SOLICITATION NUMBER: BPM058368

MDTA SOLICITATION NUMBER: TE-00211658

ISSUE DATE: AUGUST 14, 2026

A prospective bidder that has received this document From a source other than emaryland marketplace Advantage (emma) https://procurement.maryland.gov Shall register on emma https://emma.maryland.gov/

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION.

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

IFB for Maryland Transportation Authority Page 2 of 48

KEY INFORMATION SUMMARY SHEET

Invitation for Bids Altus Project Management Software

Solicitation Number: TE-00211658

IFB Issue Date: Friday, August 14, 2026

IFB Issuing Office: Maryland Transportation Authority (MDTA)

Procurement Officer: David Colin Division of Procurement 2310 Broening Hwy Baltimore, MD 21224

Email:

Phone Number:

dcolin2@mdta.state.md.us

(410) 537-8493

Bids are to be sent to: eMaryland Marketplace Advantage (eMMA) emma.maryland.gov

Questions Due Date and Time: Thursday, August 20, 2026 @ 2:00pm Local Time

Bid Due (Closing) Date and Time:

Friday, September 4, 2026 @ 2:00pm Local Time

Contract Monitor:

Email:

Office Phone:

David Goldsborough, CIO, Division of Information Technology Maryland Transportation Authority 305 Authority Drive Baltimore, MD 21222 dgoldsborough@mdta.state.md.us

(410) 537-1041

MBE Subcontracting Goal: 0%

VSBE Subcontracting Goal: 0%

Contract Type: Firm Fixed Price

Contract Duration: Five (5) year term

Primary Place of Performance: Maryland Transportation Authority 2304 Broening Highway Baltimore, Maryland 21222

SBR Designation: No mailto:dcolin2@mdta.state.md.us https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2Fpage.aspx%2Fen%2Fbuy%2Fhomepage mailto:dgoldsborough@mdta.state.md.us

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Table of Contents - IFB

1 Minimum Qualifications

1.1 Bidder Minimum Qualifications:

2 Contractor Requirements: Scope of Work

2.1 Summary Statement:

2.2 Background and Purpose:

2.3 Personnel roles and responsibilities under the IFB

2.4 MDTA Responsibilities

2.5 Contractor Responsibilities and Tasks:

2.5.1 Discovery & Design

2.5.2 Tenant & Platform Set-up

2.5.3 Configuration

2.5.4 Data Migration

2.5.5 Integration

2.5.6 Training & Change Management

2.5.7 Support

2.5.8 Software

2.5.9 Coordination for Acceptance

3 Contractor Requirements: General

3.1 Invoicing:

3.2 Travel Reimbursement:

3.3 Problem Escalation Procedure

3.4 Insurance Requirements

3.5 Security Requirements ....................................... Error! Bookmark not defined.

3.6 Information Technology

3.7 No-Cost Extensions

3.8 Payments By Electronic Funds Transfer:

4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA):

4.2 Electronic Means:

4.3 Pre-Bid Conference:

4.4 Questions:

4.5 Procurement Method:

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4.6 Bid Due (Closing) Date and Time:

4.7 Receipt, Opening and Recording of Bids:

4.8 Duration of Bids:

4.9 Revisions to the IFB:

4.10 Cancellations:

4.11 Incurred Expenses:

4.12 Protest/Disputes:

4.13 Bidder Responsibilities:

4.14 Acceptance of Terms and Conditions:

4.15 Compliance with Laws/Arrearages:

4.16 Verification of Registration and Tax Payment:

4.17 False Statements:

4.18 Confidentiality of Bids / Public Information Act Notice:

4.19 Use of Bidder’s Form Not Binding on State:

4.20 Bid Delivery Instructions:

4.21 Tie Bids:

4.22 Reciprocal Preference:

4.23 Small Business Preference:

4.24 Bid / Proposal Affidavit:

4.25 Conflict of Interest Affidavit And Disclosure:

4.26 Non-Disclosure Agreement (Contractor)

4.27 Contract Affidavit

4.28 Electronic Procurement Authorized

4.29 Attachments And Documents Required With The Bid

4.30 Bid Evaluation Criteria And Award Basis

4.31 Documents Required Upon Notice Of Recommendation For Contract Award. 21 Attachment Z - Vendor Company Profile / References Exhibit 2 - Sample Contract

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1 Minimum Qualifications

1.1 Bidder Minimum Qualifications:

As part of the determination to be considered responsive, the Bidder (Contractor or Vendor) must provide documentation with its Bid Submittal, or within three (3) days of the Procurement Officer’s request after Bid opening, that satisfies the following Minimum Qualifications. Requesting Minimum Qualifications documentation after Bid Opening is at the Procurement Officer’s discretion; therefore, Bidder shall submit Minimum Qualification documentation at the time of Bid. Failure to submit the required documentation may result in rejection of the Bid.

The Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

A. Authorization from Manufacturer The Bidder shall be certified by Altus Pty Ltd. (Altus), to resell and provide implementation of Altus Project Portfolio Management (PPM), Portfolio Tier software and data migration.

Required Documentation:

• The Bidder shall submit with its Bid a letter, certification, or other official documentation from Altus authorizing the Bidder to resell and provide implementation of Altus Project Portfolio Management (PPM), Portfolio Tier cloud-based software and data migration. (No Exceptions).

B. Experience Requirement:

The Bidder shall have a minimum of three (3) years of experience providing implementation of information technology cloud-based software, data migration of data from one software program to another software program.

Required Documentation:

• The Bidder shall submit with its Bid a completed Attachment Z – Vendor Company Profile / References, including three (3) or more references from the past three (3) years that collectively demonstrate the Bidder’s required experience in providing cloud-based software, the implementation of cloud-based software and data migration.

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2 Contractor Requirements: Scope of Work

2.1 Summary Statement:

A. The Maryland Transportation Authority (MDTA) Division of Procurement (DOP) is issuing this Invitation for Bids (IFB) for the provision of Altus Project Portfolio Management (PPM), Portfolio Tier cloud-based software subscription to include the implementation and data migration as defined in this Section 2 and as specified in this IFB.

B. It is MDTA’s intention to obtain goods and services, as specified in this IFB, from a Contract between the selected Bidder and the MDTA.

C. This is a single award IFB. See IFB Section 4.30 Bid Evaluation Criteria and Award Basis for more Contract award information.

2.2 Background and Purpose:

A. The MDTA Division of Information Technology (DoIT) currently uses Microsoft

Project Online as its Project and Portfolio Management solution. MDTA DoIT seeks to replace its current solution with Altus PPM, a cloud-based portfolio management software platform compatible with Microsoft 365. The purpose of this solicitation is to seek a contractor to provide MDTA DoIT with an Altus PPM, Portfolio Tier software subscription, implementation of the software and data migration from Microsoft Project Online to Altus PPM Portfolio, Tier. This contract will also provide a subscription of Altus PPM Portfolio, for a term of five (5) years.

The intent of the MDTA is to award a single Contract to the lowest responsive and responsible Bidder. The Bid Price shall be for the implementation of the Altus software, data migration and annual subscription.

B. The successful Bidder shall be responsible for ensuring that the software implementation of software and data migration from Microsoft Project Online to Altus PPM Portfolio are supplied in accordance with Section 2.5 Contractor Responsibilities. MDTA reserves the right to inspect and test the software subscription prior acceptance by MDTA, for compliance with the specifications herein.

2.3 Personnel Roles and Responsibilities

A. Procurement Officer - The personnel that has the primary responsibility for the management of the IFB process, for the resolution of IFB Agreement scope issues, and for authorizing any changes to the IFB. Changes to the contract shall be made by the Procurement Officer through the proper Contract modification process.

B. Contractor – The Bidder that is awarded this Contract and is responsible for the performance of the work in Section 2.5 Contractor Responsibilities.

C. Contractor Monitor – The Contractor’s primary point of contact to regularly discuss progress of tasks, upcoming tasking, historical performance, and resolution of any issues that may arise pertaining to the Contractor’s Personnel.

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D. Contractor Personnel – Any official, employee, Subcontractor, or Subcontractor agents of the Contractor who is involved with the Task over the course of the Contract period of performance.

The MDTA may change the staff listed in this section at any time by written notice to the Contractor. The Contract Monitor may authorize, in writing to the Contractor, one or more MDTA representatives to act on behalf of Contract Monitor in the performance of their respective responsibilities.

2.4 MDTA Responsibilities

MDTA will provide support in the following areas:

A. Provide access to the current Project Online / Progressive Web Application (PWA) environment, related SharePoint sites, reports, and available documentation.

B. Provide business and technical subject matter experts to support discovery, requirements validation, governance decisions, and design reviews.

C. Provide business requirements, current process information, project lifecycle details, reporting needs, security requirements, and user-role information.

D. Provide Microsoft 365 tenant-level administrative assistance as required, including coordination for Entra ID / Azure AD groups, permissions, Power Platform access, SharePoint Online access, Teams access, Dataverse access, security approvals, and other tenant-level configuration dependencies.

E. Participate in testing, user acceptance testing, issue review, and final acceptance of the implemented Altus PPM solution.

F. Provide timely decisions, approvals, and access required to support the Contractor’s implementation schedule.

2.5 Contractor Responsibilities:

The Contractor shall be responsible for providing the Altus PPM Portfolio software, implementation services, data migration, configuration, integration support, training, documentation, and post-go-live support. The Contractor shall submit a project schedule to the Contract Manager within 5 (five) calendar days of Notice To Proceed (NTP) for the implementation of Altus PPM Portfolio software for review and approval by the MDTA. The Contractors shall provide the following:

2.5.1 Discovery & Design

A. Current-state assessment of the existing Project Online environment, including PWA configuration, project data, custom fields, workflows, views, calendars, resources, security model, reports, and related SharePoint sites.

B. Requirements gathering for the future-state Altus PPM configuration, governance model, portfolio structure, project lifecycle, reporting needs, and user roles.

C. Data mapping and transformation rules from Project Online to Altus PPM.

2.5.2 Tenant & Platform Set-up

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A. Altus PPM setup and configuration within the Microsoft 365 / Power Platform environment.

B. SharePoint Online site structure for project workspaces, document libraries, and project-related content, as applicable to the Altus PPM implementation.

C. Security model configuration using Microsoft Entra ID / Azure AD groups, Altus PPM roles, permissions, and access controls.

2.5.3 Configuration

A. Altus PPM configuration of project types, templates, custom fields, lookup tables, views, calendars, workflows, and governance processes.

B. Resource management setup, including enterprise resources, roles, departments, resource attributes, and capacity planning structures.

C. Timesheet, status reporting, and progress update configuration.

2.5.4 Data Migration

A. Extraction from Project Online using available Application Programming

Interfaces (API), exports, Open Data Protocol (OData) feeds, or other approved methods; cleansing, transformation, and loading into Altus PPM.

B. Document migration from existing Project Online / SharePoint project sites to the approved SharePoint Online libraries or Altus-related document structure, with metadata preservation where feasible.

C. Validation and reconciliation of migrated data using sample-based and aggregate checks.

2.5.5 Integration

A. Single sign-on integration using Microsoft Entra ID / Azure AD.

B. Power BI reporting using Altus PPM, Dataverse, SharePoint, or other approved

Microsoft 365 data sources.

C. Teams integration for collaboration, including channels, tabs, and SharePoint-based project workspaces where applicable.

D. Optional integrations with Enterprise Resource Planning (ERP), financial systems, Human Resources Information System (HRIS), or other resource and cost data sources.

2.5.6 Training & Change Management

A. Role-based training for project managers, resource managers, team members, executives, and administrators.

B. Quick reference guides and support materials and knowledge transfer to MDTA resources.

2.5.7 Support

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A. The software subscription shall include support for Altus PPM, Portfolio Tier from Altus through the Contractor via a dedicated helpdesk to rectify out of box issues.

B. The Contractor shall provide support for any changes to Altus PPM, Portfolio Tier upon proper written request from MDTA.

2.5.8 Software

The contractor shall provide Altus PPM Portfolio software subscription with the following minimum requirements:

A. Projected Usage:

1. Number of Projects: 31

2. Number of Enterprises Project Schedule Templates: 14

3. Average Number of Tasks per Projects: 187

4. Number of Licensed user: 8

5. Average Number of Risks per Project: 3

6. Average Number of Issues per Project: 2.3

7. Total Number of Active Directory Synchronized Non-Licensed Resources:

8. Total Number of Active Directory Synchronized Work Resources: 3189

9. Total Number of Active Directory Synchronized Generic Resources: 45

B. Requirements:

1. Must allow Microsoft Project Professional to connect to cloud application.

2. Must allow Microsoft Power BI Desktop to connect to Cloud application.

Must allow security categories consisting of different levels of user access and associated privileges to control what information can be viewed and what actions can be performed.

3. Must allow software to provide appropriate functionality and access controls for each category, including Portfolio Managers, Project Managers and administrators.

4. Administrator’s permissions must permit administrator to create and manage key system entities, including Projects, Tasks, Resources, and Costs.

5. Must allow Administrators to create lookup tables for values to assign to Customer Fields.

6. Must allow Administrators to add additional pages for project information or to add additional customer fields to existing project Information pages

7. Must allow Administrators to modify or add additional Power App Flows as needed.

2.5.9 System Acceptance

A. The system acceptance date shall be the date that all software, implementation services, data migration, configuration, integration support and training is

IFB for Maryland Transportation Authority Page 10 of 48 complete, all systems are functioning, all systems have been tested and approved by the MDTA Contract Monitor. Contractor shall coordinate with the MDTA Contract Monitor for scheduling of system acceptance; any administrative oversight related to the Contract.

2.5.10 Software Subscription Coverage Period

Service Year Description Coverage Year 1 Altus PPM Portfolio Tier Software Subscription 12 months Year 2 Altus PPM Portfolio Tier Software Subscription 12 months Year 3 Altus PPM Portfolio Tier Software Subscription 12 months Year 4 Altus PPM Portfolio Tier Software Subscription 12 months Year 5 Altus PPM Portfolio Tier Software Subscription 12 months

Coverage period shall start after Notice to Proceed is issued to Contractor.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

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3 Contractor Requirements: General

3.1 Invoicing:

A. Invoices must be approved by the Contract Monitor or his/her designee.

Payments shall be made by Electronic Funds Transfer (EFT), within thirty (30) days upon receipt of a proper invoice from the Contractor.

B. The Contractor shall provide an invoice based on the pay items listed on Attachment B – Bid Form.

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

D. All invoices and/or correspondence pertaining to invoices shall be identified with Contract Number: TE-00211658. The Contractor shall email the original of each invoice and signed authorization to invoice to the Contract Monitor, Mr. David Goldsborough at the following email address:

mdtadoitinvoices@mdta.state.md.us.

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

1. Contractor name and address;

2. Remittance address;

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

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

5. Invoice date;

6. Invoice number;

7. MDTA assigned Contract number;

8. MDTA assigned (Blanket) Purchase Order number(s);

9. Goods or services provided;

10. Amount due; and

11. Any additional documentation required by regulation or the Contract.

F. The MDTA reserves the right to reduce or withhold Contract payment in the event the Contractor does not provide all required deliverables within the time frame specified in the Contract or otherwise breaches the terms and conditions of the Contract until such time as the Contractor brings itself into full compliance with the Contract.

G. The MDTA 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.

mailto:mdtadoitinvoices@mdta.state.md.us

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

3.2 Travel Reimbursement:

This section is inapplicable to this IFB.

3.3 Problem Escalation Procedure

The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and emergency situations. The PEP must state how the Contractor will address problem situations as they occur during the performance of the Contract, especially problems that are not resolved to the satisfaction of the MDTA within appropriate timeframes.

The Contractor shall provide contact information to the MDTA Contract Monitor, as well as to other MDTA personnel as directed should the MDTA Contract Monitor not be available.

The Contractor shall provide the PEP no later than ten (10) Business Days after notice of recommended award or after the date of the Notice to Proceed, whichever is earlier.

The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the start of each Contract year and within ten (10) Business Days after any change in circumstance which changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in order to resolve any issues in a timely manner.

The PEP shall include:

A. The process for establishing the existence of a problem;

B. Names, titles, and contact information for progressively higher levels of personnel in the Contractor’s organization who would become involved in resolving a problem;

C. For each individual listed in the Contractor’s PEP, the maximum amount of time a problem will remain unresolved with that individual before the problem escalates to the next contact person listed in the Contractor’s PEP;

D. Expedited escalation procedures and any circumstances that would trigger expediting them;

E. The method of providing feedback on resolution progress, including the frequency of feedback to be provided to the MDTA;

F. Contact information for persons responsible for resolving issues after normal business hours (e.g., evenings, weekends, holidays) and on an emergency basis;

and

G. A process for updating and notifying the MDTA Contract Monitor of any changes to the PEP.

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Nothing in this Section shall be construed to limit any rights of the MDTA Contract Monitor or the MDTA which may be allowed by the Contract or applicable law.

3.4 Insurance Requirements

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

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

A. Cyber Security / Data Breach Insurance – Five million dollars ($5,000,000) per occurrence. The coverage must be valid at all locations where work is performed or data or other information concerning the State’s claimants or employers is processed or stored.

The State, Maryland Department of Transportation (MDOT) and the MDTA shall be listed as additional insured on the faces of the certificates associated with the coverage listed above, including umbrella policies, excluding Workers’ Compensation Insurance and professional liability.

All insurance policies shall be endorsed to include a clause requiring the insurance carrier to provide the Procurement Officer, by certified mail, not less than 30 days’ advance notice of any non-renewal, cancellation, or expiration. The Contractor shall notify the Procurement Officer in writing if policies are cancelled or not renewed within five (5) days of learning of such cancellation or nonrenewal. The Contractor shall provide evidence of replacement insurance coverage to the Procurement Officer at least 15 days prior to the expiration of the insurance policy then in effect.

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

The Contractor must provide certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this Section upon request by MDTA Procurement Officer or Contract Monitor. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the MDTA Contract Monitor or designee.

The Contractor shall require any subcontractors to obtain and maintain comparable levels of coverage and shall provide the MDTA Contract Monitor with the same documentation as is required of the Contractor.

3.5 Information Technology

A. The Contractor shall comply with and adhere to the State IT Security Policy and Standards. These policies may be revised from time to time, and the Contractor shall comply with all such revisions. Updated and revised versions of the State IT Policy and Standards are available online at:

https://doit.maryland.gov/policies/ci/Pages/IT-Security-Policy.aspx.

https://doit.maryland.gov/policies/ci/Pages/IT-Security-Policy.aspx

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B. The Contractor shall not connect any of its own equipment to a MDTA or State LAN/WAN without prior written approval by the MDTA or the State. The Contractor shall complete any necessary paperwork as directed and coordinate with the MDTA Contract Monitor to obtain approval by the MDTA or the State to connect Contractor-owned equipment to a MDTA or State LAN/WAN.

C. The data, databases and derived data products created, collected, manipulated, or directly purchased as part of the solicitation are the property of the MDTA. The MDTA is the custodian of all MDTA data.

D. The Contractor may not access MDTA data other than as necessary to perform the services under this Contract.

E. The Contractor shall limit access to and use of MDTA data to Contractor Personnel whose responsibilities require such access or use and shall train such Contractor Personnel on the confidentiality obligations set forth herein.

F. At no time shall any data or processes – that either belong to or are intended for the use of the MDTA or its officers, agents or employees – be copied, disclosed or retained by the Contractor or any party related to the Contractor for subsequent use in any transaction that does not include the MDTA.

G. The Contractor shall not use any information collected in connection with the services furnished under the Contract for any purpose other than fulfilling such services.

3.6 No-Cost Extensions

In accordance with Board of Public Works (BPW) Advisory 1995-1 item 7.b, in the event there are unspent funds remaining on the Contract, prior to the Contract's expiration date the Procurement Officer may modify the Contract to extend the Contract beyond its expiration date for a period up to, but not exceeding, one-third of the base term of the Contract (e.g., eight-month extension on a two-year contract) for the performance of work within the Contract's scope of work. Notwithstanding anything to the contrary, no funds may be added to the Contract in connection with any such extension.

3.7 Payments By Electronic Funds Transfer:

By submitting a Bid in response to this solicitation, the Bidder, if selected for award:

Agrees to accept payments by Electronic Funds Transfer (EFT) unless the State Comptroller’s Office grants an exemption. Payment by EFT is mandatory for contracts exceeding $200,000. The successful Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form. The Contractor shall register using the MDTA’s EFT Registration Request Form (See Appendix 1)

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4 Bid Submission Information and Instructions

4.1 eMaryland Marketplace Advantage (eMMA):

eMMA is the electronic commerce system for the State of Maryland. The IFB, Pre-Bid Conference (Conference) summary and attendance sheet, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation-related information will be made available via eMMA.

To receive a Contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process and then follow the prompts.

4.2 Electronic Means:

A. Any e-mail transmission is only authorized to the email addresses for the identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer or Contract Monitor.

B. “Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes e-mail, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://procurement.maryland.gov), and electronic data interchange.

4.3 Pre-Bid Conference:

This section is inapplicable to this IFB.

4.4 Questions:

A. All questions shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail to the Procurement Officer no later than the date and time specified in the Key Information Summary Sheet.

The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date.

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

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

4.5 Procurement Method

Competitive Sealed Bidding under COMAR 21.05.02.

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

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4.6 Bid Due (Closing) Date and Time:

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

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

B. Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set forth in the Key Information Summary Sheet for receipt of Bids.

C. Potential Bidders not responding to this solicitation are requested to submit the “No Bid/Proposal Notice/Vendor Feedback” form Attachment 1, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements).

D. Multiple or Alternate Bids will not be accepted.

4.7 Receipt, Opening and Recording of Bids:

A. For online Bid submission through the eMaryland Marketplace, the system security configuration shall not allow Bids to be opened prior to the time and date established in the solicitation. Before Bid opening the MDTA may not disclose the identity of any Bidder.

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

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

4.8 Duration of Bids:

Bids submitted in response to this IFB are irrevocable for the latest of the following: 90 days following the Bid due date and time or the date any protest concerning this IFB is finally resolved. This period may be extended at the Procurement Officer’s request only with the Bidder’s written agreement.

4.9 Revisions to the IFB:

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

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

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C. Failure to acknowledge receipt of an addendum does not relieve the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may cause the Bid to be deemed not responsive.

4.10 Cancellations:

A. This IFB may be cancelled as provided in COMAR 21.06.02.02 B. The MDTA reserves the right to cancel this IFB, accept or reject any and all Bids, in whole or in part, received in response to this IFB and to waive or permit the cure of minor irregularities.

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

4.11 Incurred Expenses:

The MDTA will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or performing any other activities related to submitting a Bid in response to this solicitation.

4.12 Protest/Disputes:

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

4.13 Bidder Responsibilities:

A. A Bidder, either directly or through its subcontractor(s), must be able to provide all goods and services and meet all of the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work.

B. 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.

C. 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 MDTA determines that the experience and qualifications of the parent are applicable to and share 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 MDTA.

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4.14 Acceptance of Terms and Conditions:

By submitting a Bid in response to this IFB, the Bidder, if selected for award, is deemed to have accepted the terms and conditions of this IFB and the sample Contract, attached herein as Exhibit 2. Any questions or exceptions to this IFB or terms and conditions must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or terms and conditions, made by the Bidder may result in Bid rejection.

4.15 Compliance with Laws/Arrearages:

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

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

4.16 Verification of Registration and Tax Payment:

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://egov.maryland.gov/BusinessExpress/.

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

4.17 False Statements:

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, § 11-

205.1 provides as follows:

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

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

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

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

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

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

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4.18 Confidentiality of Bids / Public Information Act Notice:

A. The Bidder should give specific attention to the clear identification of those portions of its Bid that it considers to contain confidential and/or proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Md. Code Ann., General Provisions Article, Title 4. This information should be identified by page number and placed in the Transmittal Letter with the Bid.

B. The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a reasonable time after Bid opening, but in any case, before Contract award, except to the extent the Bidder designates trade secrets or other proprietary data to be confidential as set forth in this solicitation.

Material designated as confidential shall accompany the Bid and shall be readily separable from the Bid to facilitate public inspection of the non-confidential portion of the Bid, including the Total Bid Price.

C. For requests for information made under the PIA, the Procurement Officer shall examine the Bids to determine the validity of any requests for nondisclosure.

Nondisclosure is permissible only if approved by the Office of the Attorney General.

4.19 Use of Bidder’s Form Not Binding on State:

The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this Bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as Bid submission.

4.20 Bid Delivery Instructions:

Each Bidder shall submit its Bid Package as specified below.

A. Bids shall only be accepted via the State’s internet-based electronic procurement system, eMMA.

B. Bidders shall provide their Bids in one submission through eMMA following the Quick Reference Guides (QRG) labeled “4 - eMMA QRG Responding to Solicitations (IFB)” for single envelope submissions.

4.21 Tie Bids:

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

4.22 Reciprocal Preference:

A. Although Maryland law does not authorize procuring agencies to favor resident Bidders in awarding procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors. COMAR

21.05.01.04 permits procuring agencies to apply a reciprocal preference under the following conditions:

B. The Maryland resident business is a responsible Bidder;

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

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

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

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

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

G. A non-resident Bidder submitting a Bid for a MDTA project shall be provided an attachment to the bid/proposal a copy of the current statute, resolution, policy procedure or executive order of the resident State of the non-resident Bidder that pertains to that State's treatment of non-resident Bidder.

4.23 Small Business Preference:

This Solicitation is not designated as a Small Business Preference (SBP) Procurement.

4.24 Bid / Proposal Affidavit:

Each Bidder shall execute and attach to the bid or proposal the affidavit included with this solicitation.

4.25 Conflict of Interest Affidavit and Disclosure:

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

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

C. Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

D. Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann. State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.”

Any Bidder submitting a Bid in violation of this provision shall be classified as “not responsible.”

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4.26 Non-Disclosure Agreement (Contractor)

This solicitation and any Contract(s) are subject to the terms of the Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment S. This Agreement must be provided within five (5) Business Days of notification of recommended award;

however, to expedite processing, it is suggested that this document be completed and submitted with the Bid.

4.27 Contract Affidavit

The Vendor is advised that if a Contract is awarded as a result of this Solicitation, the Vendor will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment U of this IFB. This Affidavit must be provided within five (5) Business Days of notification of recommended award. For purposes of completing Section “B” of this Affidavit (Certification of Registration or Qualification with the State Department of Assessments and Taxation), a business entity that is organized outside of the State of Maryland is considered a “foreign” business.

4.28 Electronic Procurement Authorized

Under COMAR 21.03.05, unless otherwise prohibited by law, the MDTA may conduct procurement transactions by electronic means, including the solicitation, proposing, award, execution, and administration of a contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law Article, Title 21.

Participation in the solicitation process on a procurement contract for which electronic means has been authorized shall constitute consent by the Vendor to conduct by electronic means all elements of the procurement of that Contract which are specifically authorized under the Solicitation or Contract. In the case of electronic transactions authorized by this IFB, electronic records and signatures by an authorized representative satisfy a requirement for written submission and signatures.

“Electronic means” refers to exchanges or communications using electronic, digital, magnetic, wireless, optical, electromagnetic, or other means of electronically conducting transactions. Electronic means include email, internet-based communications, electronic funds transfer, specific electronic bidding platforms (e.g., https://emma.maryland.gov/ ), and electronic data interchange.

In addition to specific electronic transactions specifically authorized in other sections of this Solicitation), the following transactions are authorized to be conducted by electronic means on the terms as authorized in COMAR 21.03.05:

A. The Procurement Officer may conduct the procurement using eMMA and/or email to issue:

1) Solicitations;

2) Bids or Proposals;

3) Evaluations;

4) Awards;

5) Execution; and https://emma.maryland.gov/

IFB for Maryland Transportation Authority Page 22 of 48

6) Contract Administration;

7) Protest; and

8) Claims.

B. The Vendor may use email to:

1) Submit Bid;

2) Ask questions regarding the Solicitation; and

3) Reply to any material received from the Procurement Officer by electronic means that includes a Procurement Officer’s request or direction to reply by email, but only on the terms specifically approved and directed by the Procurement Officer.

The Procurement Officer, the MDTA Contract Monitor, and the Contractor may conduct day-to-day Contract administration, except as outlined in this subsection, utilizing email or other electronic means if authorized by the Procurement Officer or MDTA Contract Monitor.

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

A. Filing of Contract claims or Notices of Claims;

B. Submission of documents determined by the MDTA to require original signatures

(e.g., Contract execution, Contract modifications); or C. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Bid be provided in writing or hard copy.

Any email transmission is only authorized to the email addresses for the identified person as provided in the Solicitation, the Contract, or in the direction from the Procurement Officer or MDTA Contract Monitor.

4.29 Attachments And Documents Required with The Bid (Table A):

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

Attachments A and B = Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments I and Z = Bid may be rejected if the required Attachment is not submitted or is incomplete.

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TABLE A - Attachments and Documents Required with the Bid

Attachment Attachment Name

A

Bid/Proposal Affidavit A Bid submitted by the Bidder must be accompanied by a completed

Bid/Proposal Affidavit.

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal- Affidavit.pdf

B

Bid Form (as specified within eMMA) Do not alter this Bid Form or the Bid may be determined to be not responsive. The Bid Form must be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices entered on the Bid Form.

I

Conflict of Interest Affidavit and Disclosure https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest- Affidavit.pdf

Z Vendor Company Profile / Reference Checks Attached Herein

NO BID/PROPOSAL NOTICE/VENDOR FEEDBACK FORM

Attachment-1.-No-Bid_Proposal-Notice_Vendor-Feedback- Form-1-1.docx

Acknowledgement of all addenda to this IFB.

4.30 Bid Evaluation Criteria and Award Basis:

A. The Bids will be evaluated based on the Total Bid Price, as per COMAR

21.05.02.13. All Bids will be ranked from the lowest (most favorable) to the highest (least favorable) price based on the Total Bid Price as submitted in its Bid.

B. A Contract shall be awarded to the responsible Bidder(s) submitting a responsive Bid with the most favorable Bid Price or most favorable evaluated Bid Price for providing the goods and services as specified in this IFB, as determined by the Procurement Officer to be in the best interests of the MDTA

C. MDTA reserves the right to make the award by item, or groups of items, or Total Bid Price if it is in the best interest of the MDTA. Award of this contract will not be final and complete until after: (1) the Contractor submits complete and satisfactory documentation required under the Contract and/or documentation https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-A.-Bid-Proposal-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-I.-Conflict-of-Interest-Affidavit.pdf https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fprocurement.maryland.gov%2Fwp-content%2Fuploads%2Fsites%2F12%2F2024%2F07%2FAttachment-1.-No-Bid_Proposal-Notice_Vendor-Feedback-Form-1-1.docx&wdOrigin=BROWSELINK https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fprocurement.maryland.gov%2Fwp-content%2Fuploads%2Fsites%2F12%2F2024%2F07%2FAttachment-1.-No-Bid_Proposal-Notice_Vendor-Feedback-Form-1-1.docx&wdOrigin=BROWSELINK

IFB for Maryland Transportation Authority Page 24 of 48 required by the Procurement Officer; and (2) the Contract is signed by the MDTA following any approvals of the Contract required by law or regulation.

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

Upon receipt of a notification of recommendation for contract award, the following documents shall be completed and submitted by the recommended awardee within ten

(10) business days, unless otherwise directed by the Procurement Officer.

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

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

Attachment Attachment Name

S

Non-Disclosure Agreement (Contractor) https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-S.-Non- Disclosure-Agreement-Contractor.pdf

U

Co…