Volume_II_BWI_RSIP_Phase_3_Multi-Step_MAACO25007_Bid_Forms.pdf

BID DOCUMENTS

VOLUME II OF II

BID FORMS

PART V

MULTI-STEP PROCUREMENT - FEDERAL

MAA-CO-25-007

Residential Sound Insulation Program – Phase 3

At Baltimore/Washington International Thurgood Marshall Airport

February 2025

MARYLAND AVIATION ADMINISTRATION

VOLUME II, PART V – Bid Forms

Contract Number: MAA-CO-25-007

Contract Title: Residential Sound Insulation Program – Phase 3 at Baltimore/Washington International Thurgood Marshall Airport

Bid Due Date: March 25, 2025

Bid Due Time: 1:00 p.m., local time

Bids must be submitted via eMMA: https://emma.maryland.gov/

Bid Opening: April 8, 2025

Bid Opening Time: 2:00 p.m., local time https://emma.maryland.gov/

Federal Funded

Bid Documents- TOC

Residential Sound Insulation Program – Phase 3 Bid Submission at BWI Thurgood Marshall Airport February 2025 BF.i

TABLE OF CONTENTS

at Baltimore/Washington International Thurgood Marshall Airport

VOLUME II – Bid Forms

Part V – Bid Forms

Section 1 Bid Bond........................................................................................................... ...................................... BF.1

Section 2 Bid/Proposal Affidavit.................................................................................... ....................................... BF.3

Section 3 DBE Forms (A-E & GP-8.01) ...................................................................... ...................................... BF.10

Section 4 Buy American Certification (FAA-3.03) ...................................................... ..................................... BF.37

Section 5 Buy American Preference .............................................................................. ..................................... BF.39

Section 6 Tax Delinquency and Felony Convictions................................................... ...................................... BF.43

Section 7 Certification for Federal-Aid Contracts........................................................ ....................................... BF.44

Section 8 Conflict of Interest.......................................................................................... ..................................... BF.45

Section 9 Bid Proposal and Tabulation Forms............................................................ ........................................ BF.46

Section 10 Corporate Diversity Addendum............................................................ ................................ Attachment R

Instructions to Bidders: As described in Volume I, GI-1.03 and GI-1.08, Bidder is to include in their electronic bid submission all Bid Forms listed above except DBE Forms C, D and E.

SECTION 1 BID BOND

Federal Funded

BID BOND

Residential Sound Insulation Program – Phase 3 Bid Submission

BF.1

NOTE: THIS BID BOND IS NOT REQUIRED IF TOTAL CONTRACT PRICE IS LESS THAN $100,000.

Bond No. ___________________________

We, __________________________________ as Principal, hereinafter called the Principal, and

Bidding Company

____________________________________, a corporation duly organized under the laws of the

Bonding Company

State of ________________, or an individual surety qualified in accordance with State Finance and Procurement

Article, §13-207 or §17-104, Annotated Code of Maryland, as Surety, hereinafter called the Surety, are held and firmly bound unto the State of Maryland, hereinafter called "State", for the sum of:

Dollars and Written Works 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 MAA-CO-25-007

Contract Number

Residential Sound Insulation Program – Phase 3 at Baltimore/Washington International Thurgood Marshall Airport

Contract Title

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.

SECTION 1 BID BOND

Federal Funded

BID BOND

Residential Sound Insulation Program – Phase 3 Bid Submission

BF.2

In Presence of: Individual Principal

Witness:

as to (Seal)

(Name)

In Presence of: Partnership Principal

Witness

(Name) as to (Seal)

Partner as to (Seal)

Partner as to (Seal)

Partner

Corporate Principal

(Name of Corporation) Affix Seal

____________________________________ By:

Attest: Secretary President

Attest: (Surety) Affix Seal

By:

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

SECTION 2 BID/PROPOSAL AFFIDAVIT

MAA-CO-25-007 Federally Funded BID/PROPOSAL AFFIDAVIT

Residential Sound Insulation Program – Phase 3 Bid Submission

BF.3

BID/PROPOSAL AFFIDAVIT

A. AUTHORITY

I HEREBY AFFIRM THAT:

I, (print name), possess the legal authority to make this Affidavit.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all 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, or on the basis of 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 submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of

Maryland that the bidder 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 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 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 or proposal and:

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

BF.4

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or 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 bid or 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 submitted by the bidder on this project, and terminate any contract awarded based on the bid.

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES

The undersigned bidder 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 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 21.11.12; 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.

BF.5

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):

D. AFFIRMATION REGARDING OTHER CONVICTIONS

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

BF.6

Act, 18 U.S.C. §1341 et seq., for acts in connection with the submission of bids or 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 or 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; or

(9) 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)—(8) 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

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

BF.7

of the public entity and the status of the proceedings, the 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 it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-1 01, et seq., of the

State Finance and Procurement Article of the Annotated Code 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. SUB-CONTRACT 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

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

BF.8

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

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or 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 or offer 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, the State

Department of Assessments and Taxation, and the 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

I FURTHER AFFIRM THAT:

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:____________________________________

BF.9

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. I FURTHER AFFIRM

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

N. 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 or 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.

Date:

By:

(Print name of Authorized Representative and Affiant)

(Signature of Authorized Representative and Affiant)

SECTION 3 DBE FORMS

MAA-CO-25-007 Federally Funded DBE FORMS

BWI Thurgood Marshall Airport February 2025

BF.10

MDOT DBE FORM A – Certified DBE Utilization and Fair Solicitation Affidavit

MDOT DBE FORM B – DBE Participation Schedule

MDOT DBE FORM C – Outreach Efforts Compliance Statement

MDOT DBE FORM D – DBE Subcontractor Project Participation Affidavit

MDOT MBE/DBE FORM E – Good Faith Efforts Guidance and Documentation

Subcontractor Utilization Form (GP – 8.01)

MDOT DBE FORM A

FEDERALLY-FUNDED CONTRACTS

CERTIFIED DBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT

Updated 09/30/2020

BF.11

THIS AFFIDAVIT MUST BE INCLUDED WITH THE BID/ PROPOSAL. IF THE BIDDER/OFFEROR FAILS TO ACCURATELY

COMPLETE AND SUBMIT THIS AFFIDAVIT AS REQUIRED, THE BID SHALL BE DEEMED NOT RESPONSIVE OR THE

PROPOSAL SHALL BE DEEMED NOT SUSCEPTIBLE OF BEING SELECTED FOR AWARD.

In connection with the bid/proposal submitted in response to Solicitation No. MAA-CO-25-007, I affirm the following:

1. DBE Participation (PLEASE CHECK ONLY ONE)

I have met the overall certified Disadvantaged Business Enterprise (DBE) participation goal of twenty-five and two tenths’ percent (25.2%). I agree that this percentage of the total dollar amount of the Contract for the DBE goal will be performed by certified DBE firms as set forth in the DBE Participation Schedule - Part 2 of the MDOT DBE

Form B (Federally-Funded Contracts).

OR

I conclude that I am unable to achieve the DBE participation goal. I hereby request a waiver, in whole or in part, of the goal. Within 10 business days of receiving notice that our firm is the apparent awardee or as requested by the Procurement Officer, I will submit a written waiver request and all required documentation in accordance with

COMAR 21.11.03.11. For a partial waiver request, I agree that certified DBE firms will be used to accomplish the percentages of the total dollar amount of the Contract as set forth in the DBE Participation Schedule - Part 2 of the

MDOT DBE Form B (Federally-Funded Contracts).

2. Additional DBE Documentation

I understand that if I am notified that I am the apparent awardee or as requested by the Procurement Officer, I must submit the following documentation within 10 business days of receiving such notice:

(a) Outreach Efforts Compliance Statement (MDOT DBE Form C - Federally-Funded Contracts);

(b) Subcontractor Project Participation Statement (MDOT DBE Form D - Federally-Funded Contracts);

(c) DBE Waiver Request documentation per COMAR 21.11.03.11 (if waiver was requested); and

(d) Any other documentation required by the Procurement Officer to ascertain bidder’s responsibility/ offeror’s susceptibility of being selected for award in connection with the certified DBE participation goal.

I acknowledge that if I fail to return each completed document (in 2 (a) through (d)) within the required time, the

Procurement Officer may determine that I am not responsible and therefore not eligible for contract award or not susceptible of being selected for award.

MDOT DBE FORM A

CERTIFIED DBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT

BF.12

3. Information Provided to DBE firms

In the solicitation of subcontract quotations or offers, DBE firms were provided not less than the same information and amount of time to respond as were non-DBE firms.

4. Products and Services Provided by DBE firms

I hereby affirm that the DBEs are only providing those products and services for which they are MDOT certified.

I solemnly affirm under the penalties of perjury that the information in this affidavit is true to the best of my knowledge, information and belief.

Company Name Signature of Representative

Address Printed Name and Title

City, State and Zip Code Date

MDOT DBE FORM B

PART 1 – INSTRUCTIONS FOR DBE PARTICIPATION SCHEDULE

BF.13

*** STOP ***

FORM INSTRUCTIONS

PLEASE READ BEFORE COMPLETING THIS FORM

1. Please refer to the Maryland Department of Transportation (MDOT) DBE Directory at www.mdot.state.md.us to determine if a firm is certified for 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, please visit www.naics.com. 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

DBE participation goal.

2. In order to be counted for purposes of achieving the DBE participation goal, the firm `must be certified for that specific

NAICS (“DBE” for Federally-funded projects designation after NAICS Code). WARNING: If the firm’s NAICS Code is in graduated status, such services/products will not be counted for purposes of achieving the DBE participation goals. Graduated status is clearly identified in the MDOT Directory (such graduated codes are designated with the word graduated after the appropriate NAICS Code).

3. Examining the NAICS Code is the first step in determining whether a DBE firm is certified and eligible to receive DBE participation credit for the specific products/services to be supplied or performed under the contract. The second step is to determine whether a firm’s Products/Services Description in the DBE Directory includes the products to be supplied and/or services to be performed that are being used to achieve the DBE participation goal.

4. If you have any questions as to whether a firm is MDOT DBE certified, or if it is certified to perform specific services or provide specific products, please call MDOT’s Office of Minority Business Enterprise at 1-800-544-6056 or send an email to mbe@mdot.state.md.us.

5. The Contractor’s subcontractors are considered second-tier subcontractors. Third-tier contracting used to meet a DBE goal is to be considered the exception and not the rule. The following two conditions must be met before MDOT, its

Modal Administrations and the Maryland Transportation Authority may approve a third-tier contracting agreement: (a) the bidder/offeror must request in writing approval of each third-tier contract arrangement, and (b) the request must contain specifics as to why a third-tier contracting arrangement should be approved. These documents must be submitted with the bid/proposal in Part 2 of this DBE Participation Schedule.

6. For each DBE firm that is being used as supplier/wholesaler/regular dealer/broker/manufacturer, please follow these instructions for calculating the amount of the subcontract for purposes of achieving the DBE participation goal:

A. Is the firm certified as a broker of the products/supplies? If the answer is YES, please continue to Item C. If the answer is NO, please continue to Item B.

B. Is the firm certified as a supplier, wholesaler, regular dealer, or manufacturer of such products/supplies? If the answer is YES, continue to Item D. If the answer is NO, continue to Item C only if the DBE firm is certified to perform trucking/hauling services under NAICS Codes 484110, 484121, 484122, 484210, 484220 and 484230.

If the answer is NO and the firm is not certified under these NAICS Codes, then no DBE participation credit will be given for the supply of these products.

http://www.mdot.state.md.us/ http://www.naics.com/

BF.14

C. For purposes of achieving the DBE participation goal, you may count only the amount of any reasonable fee that the DBE firm will receive for the provision of such products/supplies - not the total subcontract amount or the value (or a percentage thereof) of such products and/or supplies. For Column 3 of the DBE Participation Schedule, please divide the amount of any reasonable fee that the DBE firm will receive for the provision of such products/services by the total Contract value and insert the percentage in Line 3.1.

D. Is the firm certified as a manufacturer (refer to the firm’s NAICS Code and specific description of products/services) of the products/supplies to be provided? If the answer is NO, please continue to Item E. If the answer is YES, for purposes of achieving the DBE participation goal, you may count the total amount of the subcontract. For Column 3 of the DBE Participation Schedule, please divide the total amount of the subcontract by the total Contract value and insert the percentage in Line 3.1.

E. Is the firm certified as a supplier, wholesaler and/or regular dealer? If the answer is YES and the DBE firm is furnishing and installing the materials and is certified to perform these services, please divide the total subcontract amount (including full value of supplies) by the total Contract value and insert the percentage in Line 3.1. If the answer is YES and the DBE firm is only being used as a supplier, wholesaler and/or regular dealer or is not certified to install the supplies/materials, for purposes of achieving the DBE participation goal, you may only count sixty percent (60%) of the value of the subcontract for these supplies/products (60% Rule). To apply the

60% Rule, first divide the amount of the subcontract for these supplies/products only (not installation) by the total

Contract value. Then, multiply the result by sixty percent (60%) and insert the percentage in Line 3.2.

7. For each DBE firm that is not being used as a supplier/wholesaler/regular dealer/broker/manufacturer, to calculate the amount of the subcontract for purposes of achieving the DBE participation goal, divide the total amount of the subcontract by the total Contract value and insert the percentage in Line 3.1.

Example: $ 2,500 (Total Subcontract Amount) $10,000 (Total Contract Value) x 100 = 25%

BF.15

8. Please note that for USDOT-funded projects, a DBE prime may count towards its DBE participation goal work performed by its own forces. Include information about the DBE prime in Part 2.

9. WARNING:

The percentage of DBE participation, computed using the dollar amounts in Column 3 for all of the DBE firms listed in Part 2, MUST at least equal the DBE participation goal as set forth in MDOT DBE Form A – Federally-Funded

Contracts for this solicitation. If the bidder/offeror is unable to achieve the DBE participation goals, then the bidder/offeror must request a waiver in Form A or the bid will be deemed not responsive, or the proposal not susceptible of being selected for award. You may wish to use the Goal Worksheet shown below to assist you in calculating the percentage and confirming that you have met the applicable DBE participation goal.

GOAL WORKSHEET

Total DBE Firm Participation

(Add percentages in Column 3 for all DBE firms listed in DBE Participation Schedule)

(A) ____________________%

The percentage amount in Box A above should be equal to the percentage amount in Box E below.

Add Countable Subcontract Amounts (see 6 through 8 of Instructions) for all DBE firms listed in DBE Participation Schedule, and insert in Box B

(B) $____________________

Insert the Total Contract Amount in Box C

(C) $____________________

Divide Box B by Box C and Insert in Box D

(D) =____________________

Multiply Box D by 100 and insert in Box E

(E) =___________________%

PART 2 – DBE PARTICIPATION SCHEDULE

PAGE ___ OF ___

BF.16

PARTS 2 AND 3 MUST BE INCLUDED WITH THE BID/PROPOSAL. IF THE BIDDER/OFFEROR FAILS TO ACCURATELY COMPLETE AND SUBMIT

PART 2 WITH THE BID/PROPOSAL AS REQUIRED, THE BID SHALL BE DEEMED NOT RESPONSIVE OR THE PROPOSAL SHALL BE DEEMED

NOT SUSCEPTIBLE OF BEING SELECTED FOR AWARD.

Prime Contractor Project Description Solicitation Number

Residential Sound Insulation Program – Phase 3 at

Baltimore/Washington International Thurgood

LIST INFORMATION FOR EACH CERTIFIED DBE SUBCONTRACTOR YOU AGREE TO USE TO ACHIEVE THE DBE

PARTICIPATION GOAL.

COLUMN 1 COLUMN 2 COLUMN 3

Unless the bidder/offeror requested a waiver in MDOT DBE Form A – Federally

Funded Contracts for this solicitation, the cumulative DBE participation for all

DBE firms listed herein must equal at least the DBE participation goal set forth in Form A.

NAME OF DBE

SUBCONTRACTOR

AND TIER

CERTIFICATION NO. AND

DBE CLASSIFICATION

FOR PURPOSES OF ACHIEVING THE DBE PARTICIPATION

GOAL, refer to sections 6, 7 and 8 in Part 1 - Instructions. State the percentage amount of the products/services in Line 3.1, except for those products or services where the DBE firm is being used as a wholesaler, supplier, or regular dealer. For items of work where the DBE firm is being used as a supplier, wholesaler and/or regular dealer, complete Line 3.2 using the 60% Rule.

Please check if

DBE firm is a third-tier contractor (if applicable).

Please submit written documents in accordance with

Section 5 of Part 1 -

Instructions

Certification Number:

(If dually certified, check only one box.)

African American-Owned

Hispanic American- Owned

Asian American-Owned

Women-Owned

Other DBE Classification

3.1. TOTAL PERCENTAGE TO BE PAID TO THE

SUBCONTRACTOR (STATE THIS PERCENTAGE AS A PERCENTAGE

OF THE TOTAL CONTRACT VALUE- EXCLUDING

PRODUCTS/SERVICES FROM SUPPLIERS, WHOLESALERS OR

REGULAR DEALERS).

__________% (Percentage for purposes of calculating achievement of

DBE Participation goal)

3.2 TOTAL PERCENTAGE TO BE PAID TO THE

SUBCONTRACTOR FOR ITEMS OF WORK WHERE THE DBE

FIRM IS BEING USED AS A SUPPLIER, WHOLESALER

AND/OR REGULAR DEALER) (STATE THE PERCENTAGE AS A

PERCENTAGE OF THE TOTAL CONTRACT VALUE AND THEN APPLY

THE 60% RULE PER SECTION 6(E) IN PART 1 - INSTRUCTIONS).

_____________% Total percentage of Supplies/Products x _________60% (60% Rule)

Please check if Continuation Sheets are attached.

PART 2 – DBE PARTICIPATION SCHEDULE

CONTINUATION SHEET

PAGE ___ OF ___

BF.17

Residential Sound Insulation Program – Phase 3 at

Baltimore/Washington International Thurgood

MAA-CO-25-007

LIST INFORMATION FOR EACH CERTIFIED DBE SUBCONTRACTOR YOU AGREE TO USE TO ACHIEVE THE DBE

PARTICIPATION GOAL.

COLUMN 1 COLUMN 2 COLUMN 3

Unless the bidder/offeror requested a waiver in MDOT DBE Form A – Federally

Funded Contracts for this solicitation, the cumulative DBE participation for all

DBE firms listed herein must equal at least the DBE participation goal set forth in Form A.

NAME OF DBE

SUBCONTRACTOR

AND TIER

CERTIFICATION NO. AND

DBE CLASSIFICATION

FOR PURPOSES OF ACHIEVING THE DBE PARTICIPATION

GOAL, refer to sections 6, 7 and 8 in Part 1 - Instructions. State the percentage amount of the products/services in Line 3.1, except for those products or services where the DBE firm is being used as a wholesaler, supplier, or regular dealer. For items of work where the DBE firm is being used as a supplier, wholesaler and/or regular dealer, complete Line 3.2 using the 60% Rule.

Please check if

DBE firm is a third-tier contractor (if applicable).

Please submit written documents in accordance with

Section 5 of Part 1 -

Instructions

Certification Number:

(If dually certified, check only one box.)

Asian American-Owned

Women-Owned

Other DBE Classification

3.1. TOTAL PERCENTAGE TO BE PAID TO THE

SUBCONTRACTOR (STATE THIS PERCENTAGE AS A PERCENTAGE

OF THE TOTAL CONTRACT VALUE- EXCLUDING

PRODUCTS/SERVICES FROM SUPPLIERS, WHOLESALERS OR

REGULAR DEALERS).

3.2 TOTAL PERCENTAGE TO BE PAID TO THE

SUBCONTRACTOR FOR ITEMS OF WORK WHERE THE DBE

FIRM IS BEING USED AS A SUPPLIER, WHOLESALER

AND/OR REGULAR DEALER) (STATE THE PERCENTAGE AS A

PERCENTAGE OF THE TOTAL CONTRACT VALUE AND THEN APPLY

THE 60% RULE PER SECTION 6(E) IN PART 1 - INSTRUCTIONS).

_____________% Total percentage of Supplies/Products x _________60% (60% Rule)

Please check if Continuation Sheets are attached.

PART 3 – CERTIFICATION FOR DBE PARTICIPATION SCHEDULE

BF.18

PARTS 2 AND 3 MUST BE INCLUDED WITH THE BID/PROPOSAL. IF THE BIDDER/OFFEROR FAILS TO ACCURATELY COMPLETE AND SUBMIT

PART 2 WITH THE BID/PROPOSAL AS REQUIRED, THE BID SHALL BE DEEMED NOT RESPONSIVE OR THE PROPOSAL SHALL BE DEEMED

NOT SUSCEPTIBLE OF BEING SELECTED FOR AWARD.

I hereby affirm that I have reviewed the Products and Services Description (specific product that a firm is certified to provide or areas of work that a firm is certified to perform) set forth in the MDOT DBE Directory for each of the DBE firms listed in

Part 2 of this DBE Form B for purposes of achieving the DBE participation goal that was identified in the DBE Form A that I submitted with this solicitation, and that the DBE firms listed are only performing those products/services/areas of work for which they are certified. I also hereby affirm that I have read and understand the form instructions set forth in Part 1 of this

DBE Form B.

The undersigned Prime Contractor 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 or proposal and:

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

(2) fail to notify the certified minority business enterprise before execution of the contract of its inclusion of the bid or 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 bid or proposal.

I solemnly affirm under the penalties of perjury that the contents of Parts 2 and 3 of MDOT DBE Form B are true to the best of my knowledge, information and belief.

MDOT DBE FORM C

OUTREACH EFFORTS COMPLIANCE STATEMENT

BF.19 MDOT-OP 012-2 (9/11)

In conjunction with the offer/proposal submitted in response to Solicitation No. MAA-CO-25-007 I state the following:

1. Bidder/Offeror took the following efforts to identify subcontracting opportunities in these specific work categories:

2. Attached to this form are copies of written solicitations (with bidding/proposal instructions) used to solicit certified DBE firms for these subcontract opportunities.

3. Bidder/Offeror made the following attempts to personally contact the solicited DBE firms:

4. Please Check One:

This project does not involve bonding requirements.

Bidder/Offeror assisted DBE firms to fulfill or seek waiver of bonding requirements. (DESCRIBE EFFORTS)

5. Please Check One:

Bidder/Offeror did attend the pre-bid/pre-proposal meeting/conference.

No pre-bid/pre-proposal meeting/conference was held.

Bidder/Offeror did not attend the pre-bid/pre-proposal meeting/conference.

MDOT DBE FORM D

DBE SUBCONTRACTOR PROJECT PARTICIPATION AFFIDAVIT

BF.20 MDOT-OP 019-2 (9/11)

IF THE BIDDER/OFFEROR FAILS TO RETURN THIS AFFIDAVIT WITHIN THE REQUIRED TIME, THE

PROCUREMENT OFFICER MAY DETERMINE THAT THE BIDDER IS NOT RESPONSIBLE AND THEREFORE NOT

ELIGIBLE FOR CONTRACT AWARD OR THAT THE PROPOSAL IS NOT SUSCEPTIBLE OF BEING SELECTED FOR

AWARD. SUBMIT ONE FORM FOR EACH CERTIFIED DBE FIRM LISTED IN THE DBE PARTICIPATION SCHEDULE.

BIDDERS/ OFFERORS ARE HIGHLY ENCOURGED TO SUBMIT FORM D PRIOR TO THE TEN (10) DAY DEADLINE.

Provided that _________________________________________________ (Prime Contractor’s Name) is awarded the Contract in conjunction with Solicitation No. MAA-CO-25-007, such Prime Contractor will enter into a subcontract with

____________________(Subcontractor’s Name) committing to participation by the DBE firm ___________________ (DBE Name) with

MDOT Certification Number _______________ (if subcontractor previously listed is also the DBE firm, please restate name and provide

DBE Certification Number) which will receive at least $___________ and _____% (Total Subcontract Amount/ Percentage) for performing the following products/services for the Contract:

NAICS CODE WORK ITEM, SPECIFICATION

NUMBER, LINE ITEMS OR WORK

CATEGORIES (IF APPLICABLE)

DESCRIPTION OF SPECIFIC PRODUCTS

AND/OR SERVICES

I solemnly affirm under the penalties of perjury that the information provided in this DBE Subcontractor Project Participation Affidavit is true to the best of my knowledge, information and belief. I acknowledge that, for purposes of determining the accuracy of the information provided herein, the Procurement Officer may request additional information, including, without limitation, copies of the subcontract agreements and quotes.

PRIME CONTRACTOR

Signature of Representative:

Printed Name and Title:

Firm’s Name:

Federal Identification Number:

Address: _________________________

Telephone: _______________________

Date: _________________________

SUBCONTRACTOR (SECOND-TIER)

Address: ___________________________

Telephone: _________________________

Date: ______________________________

SUBCONTRACTOR (THIRD-TIER)

Address: ___________________________

Telephone: _________________________

Date: ______________________________

IF DBE FIRM IS A THIRD-TIER SUBCONTRACTOR, THIS FORM MUST ALSO BE EXECUTED BY THE SECOND-TIER

SUBCONTRACTOR THAT HAS THE SUBCONTRACT AGREEMENT WITH THE DBE FIRM.

MDOT DBE FORM D-5

Maryland Aviation Administration

Disadvantaged Business Enterprise Participation

Prime Contractor Paid/Unpaid DBE Invoice Report

Updated 9/30/20 BF.21

THIS FORM TO BE COMPLETED MONTHLY BY THE PRIME

**If more than one DBE subcontractor is used for this contract, you must use separate D-5 forms.

**Return one copy (hard or electronic) of this form to the following addresses (electronic copy with signature and date is preferred):

Report #: ________

Reporting Period (Month/Year): _____________

Report is due to the DBE Officer by the 10th of the month following the month the services were provided.

Note: Please number reports in sequence

Contract #:

Contracting Unit:

Contract Amount:

DBE Subcontract Amt:

Project Begin Date:

Project End Date:

Services Provided:

Prime Contractor:

Contact Person:

Address:

City:

State:

ZIP:

Phone:

FAX: Email:

Subcontractor Name:

Contact Person:

FAX:

Subcontractor Services Provided:

List all payments made to DBE subcontractor named above during this reporting period:

Invoice# Amount

1.

2.

3.

4.

Total Dollars Paid: $____________________________

List dates and amounts of any outstanding invoices:

Invoice # Amount

4.

Total Dollars Unpaid: $__________________________

MDOT DBE FORM D-5

Prime Contractor Paid/Unpaid DBE Invoice Report

Updated 9/30/20 BF.22

AGENCY INFORMATION (Name, Address, email, Phone etc.)

MDOT DBE FORM D-6

Subcontractor Paid/Unpaid DBE Invoice Report

Updated 9/30/20 BF.23

THIS FORM TO BE COMPLETED MONTHLY BY THE DBE SUBCONTRACTOR

Report#: ____

Reporting Period (Month/Year): ________________

Report is due by the 10th of the month following the month the services were performed.

Contract #

Contracting Unit:

DBE Subcontract Amount:

Project Begin Date:

Project End Date:

Services Provided:

DBE Subcontractor Name:

MDOT Certification #:

Contact Person: Email:

Address:

City: Baltimore

State:

ZIP:

FAX:

Subcontractor Services Provided:

List all payments received from Prime Contractor during reporting period indicated above.

Invoice Amt Date

Total Dollars Paid: $_________________________

List dates and amounts of any unpaid invoices over

30 days old.

Invoice Amt Date

Total Dollars Unpaid:

Prime Contractor: Contact Person:

**Return one copy of this form to the following address (electronic copy with signature & date is preferred):

AGENCY INFORMATION (Name, Address, email, Phone etc.)

Signature: ________________________________________________ Date: _____________________ (Required)

MDOT DBE FORM D-6

Subcontractor Paid/Unpaid DBE Invoice Report

Updated 9/30/20 BF.24

In order to show that it has made good faith efforts to meet the Minority Business Enterprise (MBE)/Disadvantaged Business Enterprise

(DBE) participation goal (including any MBE subgoals) on a contract, the bidder/offeror must either (1) meet the MBE/DBE Goal(s) and document its commitments for participation of MBE/DBE Firms, or (2) when it does not meet the MBE/DBE Goal(s), document its Good

Faith Efforts to meet the goal(s).

I. Definitions

MBE/DBE Goal(s) – “MBE/DBE Goal(s)” refers to the MBE participation goal and MBE participation subgoal(s) on a State-funded procurement and the DBE participation goal on a federally-funded procurement.

Good Faith Efforts – The “Good Faith Efforts” requirement means that when requesting a waiver, the bidder/offeror must demonstrate that it took all necessary and reasonable steps to achieve the MBE/DBE Goal(s), which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient MBE/DBE participation, even if those steps were not fully successful.

Whether a bidder/offeror that requests a waiver made adequate good faith efforts will be determined by considering the quality, quantity, and intensity of the different kinds of efforts that the bidder/offeror has made. The efforts employed by the bidder/offeror should be those that one could reasonably expect a bidder/offeror to take if the bidder/offeror were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet the DBE contract requirements. The determination concerning the sufficiency of the bidder's/offeror’s good faith efforts is a judgment call; meeting quantitative formulas is not required.

Identified Firms – “Identified Firms” means a list of the DBEs identified by the procuring agency during the goal setting process and listed in the federally-funded procurement as available to perform the Identified Items of Work. It also may include additional DBEs identified by the bidder/offeror as available to perform the Identified Items of Work, such as DBEs certified or granted an expansion of services after the procurement was issued. If the procurement does not include a list of Identified Firms or is a State-funded procurement, this term refers to all of the MBE Firms (if State-funded) or DBE Firms (if federally-funded) the bidder/offeror identified as available to perform the Identified Items of Work and should include all appropriately certified firms that are reasonably identifiable.

Identified Items of Work – “Identified Items of Work” means the bid items identified by the procuring agency during the goal setting process and listed in the procurement as possible items of work for performance by MBE/DBE Firms. It also may include additional portions of items of work the bidder/offeror identified for performance by MBE/DBE Firms to increase the likelihood that the MBE/DBE

Goal(s) will be achieved. If the procurement does not include a list of Identified Items of Work, this term refers to all of the items of work the bidder/offeror identified as possible items of work for performance by MBE/DBE Firms and should include all reasonably identifiable work opportunities.

MBE/DBE Firms – For State-funded contracts, “MBE/DBE Firms” refers to certified MBE Firms. Certified MBE Firms can participate in the State’s MBE Program. For federally-funded contracts, “MBE/DBE Firms” refers to certified DBE Firms. Certified DBE Firms can participate in the federal DBE Program.

II. Types of Actions MDOT will Consider

The bidder/offeror is responsible for making relevant portions of the work available to MBE/DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MBE/DBE subcontractors and suppliers, so as to facilitate

MBE/DBE participation. The following is a list of types of actions MDOT will consider as part of the bidder's/offeror’s Good Faith Efforts when the bidder/offeror fails to meet the MBE/DBE Goal(s). This list is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.

BF. 25

MDOT MBE/DBE FORM E

GOOD FAITH EFFORTS GUIDANCE AND DOCUMENTATION

PART 1 – GUIDANCE FOR DEMONSTRATING GOOD FAITH EFFORTS TO MEET

MBE/DBE PARTICIPATION GOALS

Updated 09/30/20

In order to show that it has made good faith efforts to meet the Minority Business Enterprise

(MBE)/Disadvantaged Business Enterprise (DBE) participation goal (including any MBE subgoals) on a contract, the bidder/offeror must either (1) meet the MBE/DBE Goal(s) and document its commitments for participation of MBE/DBE Firms, or (2) when it does not meet the MBE/DBE Goal(s), document its Good

Faith Efforts to meet the goal(s).

I. Definitions

MBE/DBE Goal(s) – “MBE/DBE Goal(s)” refers to the MBE participation goal and MBE participation subgoal(s) on a State-funded procurement and the DBE participation goal on a federally-funded procurement.

Good Faith Efforts – The “Good Faith Efforts” requirement means that when requesting a waiver, the bidder/offeror must demonstrate that it took all necessary and reasonable steps to achieve the MBE/DBE

Goal(s), which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient MBE/DBE participation, even if those steps were not fully successful. Whether a bidder/offeror that requests a waiver made adequate good faith efforts will be determined by considering the quality, quantity, and intensity of the different kinds of efforts that the bidder/offeror has made.