WOHNDMWS25_Statewide_IFB_Template_version_2.docx

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WOHNDMWS25 State and local contract opportunity
Solicitation number
BPM050891
Issued by
Wicomico County, Maryland

About this file

This is an Invitation for Bids (IFB) issued by the Maryland State Highway Administration (SHA) for Roadside Hand Mowing services in Worcester County. The solicitation seeks a contractor to perform hand mowing on various roadways, with an estimated 35 crew days of work during a one-year contract period starting approximately May 2025. The bid is specifically designated as a Small Business Reserve Procurement, meaning only certified small businesses can submit proposals. Bids are due by May 8, 2025, at 2:00 pm local time, with a public bid opening scheduled for the same date and time.

The contract is a firm fixed-price procurement with a base crew of 4 staff performing 8-hour workdays between 7:00 am and 3:30 pm, Monday through Friday. The bid includes two primary line items: a crew day rate and additional general labor hours. Specific requirements include cutting grass to a 3-inch height, performing litter pickup, using specified equipment like zero-turn mowers and string trimmers, and adhering to strict safety and work zone protocols. The State will provide lane closure permits and a protection vehicle with a truck-mounted attenuator. No chemical applications are permitted, and the total estimated contract value is based on 35 crew days and 80 additional labor hours. There are no Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontracting goals for this procurement.

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Roadside Hand Mowing in Worcester County Solicitation #: WOHNDMWS25 IFB Document

STATE OF MARYLAND

STATE HIGHWAY ADMINISTRATION

(SHA)

INVITATION FOR BIDS (IFB)

ROADSIDE HAND MOWING IN WORCESTER COUNTY

IFB NUMBER WOHNDMWS25

ISSUE DATE: 04/23/2025

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://procurement.maryland.gov should register on eMMA https://emma.maryland.gov/

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which the award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION.

KEY INFORMATION SUMMARY SHEET (KISS)

Invitation for Bids
Maintenance – Roadside Hand Mowing in Worcester County
Solicitation Number:
WOHNDMWS25
IFB Issue Date:
04/23/2025
IFB Issuing Office:
State Highway Administration (SHA or the "Administration")
Procurement Officer:
Tony Turner

5603 Market Street, Snow Hill Maryland 21863

Email:

Phone Number:

TTurner2@mdot.maryland.gov

(410) 632-0511

Bids are to be sent to:
Submit on emma.maryland.gov under Solicitation Number WOHNDMWS25

To submit a bid, bidders must first register on emma.maryland.gov. We recommend registering in advance to become acquainted with the site.

No Bid Notice Feedback Form
If you are not submitting a bid for this solicitation, submit Attachment 1 with your reasons why.
Pre-Bid Conference:
Not Applicable to this IFB
Scheduled Site Visit
Not Applicable to this IFB
Questions Due Date and Time:
05/01/2025 2:00 pm Local Time
Bid Due (Closing) Date and Time:
05/08/2025 2:00 pm Local Time

Bidders are reminded that a completed Feedback Form is requested if a no-bid decision is made (see Attachment 1 - No Bid Notice/Vendor Feedback Form).

Public Bid Opening Date, Time, and Location
05/08/2025 2:00 pm Local Time
MBE [[OR]] DBE Subcontracting Goal:
An overall Minority Business Enterprise (MBE) or Disadvantaged Business Enterprise (DBE) subcontract participation goal of __0__ percent of the total contract dollar amount, including all renewal option terms, if any, has been established for this procurement. The overall MBE or DBE subcontract participation goal includes the following subgoals, which have been established for this procurement:

_____% for African-American MBEs;

_____% for Asian-American MBEs;

_____% for Hispanic-American MBEs; and _____% for Woman-Owned MBEs.

N/A

VSBE Subcontracting Goal:
This solicitation includes a VSBE participation Goal of __0___%

N/A

Procurement Method:
A Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.
Multiple or Alternate Bids:
Multiple or alternate Bids will not be accepted.
Contract Type:
Firm fixed price
Contract Duration:
1-year base period with no option periods. Approximate NTP May 22, 2025
Primary Place of Performance:
Various Roadways in Worcester County
SBR Designation:
Yes
Federal Funding:
No

Table of Contents - IFB

1Minimum Qualifications6
1.1Bidder Minimum Qualifications6
2Contractor Requirements: Scope of Work7
2.1Summary Statement7
2.2Background and Purpose7
2.2.1Project Goals7
2.2.2State Staff and Roles7
2.3Contractor Responsibilities and Tasks7
2.4Supplemental Category of Work Requirements and Responsibilities10
3Standard Terms and Conditions11
3.1Contract Initiation Requirements11
3.2End of Contract Transition11
3.3Invoicing11
3.3.1Invoice Submission Schedule12
3.3.2Travel Reimbursement12
3.4Liquidated Damages12
3.4.1MBE Liquidated Damages12
3.4.2Liquidated Damages other than MBE12
3.5Work Orders12
3.6Payments by Electronic Funds Transfer12
3.7Prompt Payment Policy12
3.8Federal Funding Acknowledgement12
3.9Conflict of Interest Affidavit and Disclosure13
3.10Non-Disclosure Agreement13
3.10.1Non-Disclosure Agreement (Bidder/Offeror)13
3.10.2Non-Disclosure Agreement (Contractor)13
3.11Maryland Healthy Working Families Act Requirements13
3.12The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs)13
3.13Insurance Requirements13
4Bid Submission Information and Instructions15
4.1eMaryland Marketplace Advantage (eMMA)15
4.2Electronic Means15
4.3Pre-Bid Conference15
4.4Questions15
4.5Bid Due (Closing) Date and Time16
4.6Receipt, Opening and Recording of Bids16
4.7Duration of Bids16
4.8Revisions to the IFB16
4.9Cancellations16
4.10Incurred Expenses17
4.11Protest/Disputes17
4.12Bidder Responsibilities17
4.13Acceptance of Terms and Conditions17
4.14Compliance with Laws/Arrearages18
4.15Verification of Registration and Tax Payment18
4.16False Statements18
4.17Confidentiality of Bids / Public Information Act Notice18
4.18Use of Bidder’s Form Not Binding on State19
4.19Attachments and Documents Required with the Bid (Table A)19
4.20Bid Delivery Instructions21
4.21Bid Evaluation Criteria and Award Basis21
4.22Tie Bids21
4.23Reciprocal Preference21
4.24Documents Required upon Notice of Recommendation for Contract Award (Table B)22
5IFB Appendices and Exhibits24
5.1Appendices (Table C)24
5.2Exhibits (Table D)25

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

· The Bidder shall be registered with SDAT to conduct business in the State of Maryland

· 3 years’ experience with similar roadside hand mowing, lawn maintenance or grounds keeping work

· Registered Small Business Reserve

The Bidder shall provide with its Bid "Attachment L Reference Checks" with one or more references filled out.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

Contractor Requirements: Scope of Work Summary Statement This Invitation for Bids (IFB) is issued to procure the goods or services, as specified in this Section 2, from a contract between the successful bidder(s) and the State of Maryland (“State”): Hand Mowing for MDOT SHA Worcester County for a one-year period not to exceed 35 crew days .

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

This is a single award IFB. See IFB Section 4.21 Bid Evaluation Criteria and Award Basis for more Contract award information.

A Contract award does not ensure a Contractor will receive all or any State business under the Contract.

Background and Purpose The purpose of this solicitation is to award a contract for Hand Mowing on various roadways in Worcester County.

Project Goals To perform up to 35 Crew days of hand mowing in Worcester County Maryland State Staff and Roles Mr. Tony Turner will appoint other staff to manage the contract and inspect the work completed over the duration of the contract.

Contractor Responsibilities and Tasks The general Purpose of this solicitation will be to performance of Roadside hand Mowing Bidders Shall Bid the following work as an all-inclusive cost per Day for the Contract.

Attention Timeframe of mowing shall start approximately start May 2025 Timing may change at the Engineers determination or based on weather patterns.

Any person employed by the Contractor who in the opinion of the Engineer SHA Representative; does not perform their work in a proper manner or is intemperate or disorderly, shall at their request be removed by the Contractor and shall not be employed in any position of work for work on this contract without the written approval of the procurement officer.

· Required Equipment:

· Pickup Truck with equipment trailer

· Transportation for staff/employees

· Zero Turn Mower (s) or commercial walk-behind mower with Mulch attachment or rear discharge (grass cannot be thrown on pavement surface or directed at vehicles)

· Small Walk behind/push mower to cut in obstructed areas

· String trimmers for guardrail and vertical objects (one for each employee, plus 2 backup units)

· Appropriate “Mowers ahead” signs

· Rakes, blower, etc to help remove debris and clippings if needed.

· Litter pickers

· 30 gallon Bags for removal of trash and litter debris

· Litter pickup shall be performed in all areas prior to being mowed as the contractor moves from area to area. NO LITTER shall be mowed or spread along the area and must be cleaned up by the contractor. Contractor shall collect litter in bags and provide a count weekly to the engineer. Contractor may utilize the Berlin Yard or Snow Hill Shop litter dumpster for drop off.

Bid Lines:

Crew Day (line #1 of bid form):

Estimated at 35 full crew days as needed Defined as a full 8-hour day (not inclusive of lunch or rest breaks) Starting at 7:00 am and ending at 3:30 pm Base Crew consists of 4 staff total:

· Includes one working foreperson/supervisor (shall be capable of performing all duties and fully working alongside the other 3 workers)

· Include three general laborers

· All staff shall work to perform the duties of the contract at all time No idle time shall be paid under this contact Crew day may start on the roadside predetermined location or at the SHA shop yard, depending on the engineer’s discretion and daily requirements.

Crew day may end on the roadside predetermined location or at the SHA shop yard, depending on the engineer’s discretion and daily requirements.

Crew shall meet and begin each day at a location agreed upon and approved by the SHA engineer.

If the contactor fails to provide a full base crew of 4 staff, the rates will be as follows:

3 man crew paid at 75% of crew day No other crew sizes below this will be allowed.

If contractor has reported for services and weather or other conditions exist that are not the fault of the contactor, a minimum of 1/2 crew day shall be paid for any time up to Four hours. Anything above this amount shall be paid at the full daily rate.

Additional General Labor (line #2 of bid form):

Estimated at 80 Labor Hours This additional labor is to support the crew, if the contractor has available extra labor.

· All staff shall work to perform the duties of the contract at all time

· The extra man hours may not be utilized on this contract and are solely for the purpose of obtaining a price, if the contractor can provide additional support to the crew. This line is to be used at the unilateral discretion of the Administration.

Overall Guidelines:

· Grass shall be cut to 3” finished height

· Grass shall be cut a minimum 36”width from any sign pole or delineator leaving a 72” diameter cut. *Note: All area between two post mounted signs to be cut. ** see drawings

· All grass mowed in front of guardrail to pavement edge **see drawings**

· All grass mowed behind shoulder and median guardrail to woods line, bottom of ditch, or waters edge, or 60” minimum in front or behind guardrail.

· All grass mowed from pavement edge to pavement edge on median guardrails where grass is the full width of the median.

· For ramps: curbs shall be trimmed to expose all concrete- grass may not overhang surface.

· All grass beneath all guardrails **see drawings**.

· All grass along concrete barriers, and bridge structures. **see drawings**

· All grass islands at intersections.

· All grass around culverts, not to include residential driveways, is to be mowed a minimum of 36” width around structure.

· All grass shall be cut a 36” minimum around SHA lighting poles and signal lighting support poles. **see drawings**

· All grass is to be mowed in a direction as not to throw grass or objects toward the roadway. Any grass on paved surface is to be swept or blown off before leaving site.

· Grass is to be mowed around all guardrails, light poles, signs and culverts progressively along the highway. No skipping around unless determined and approved by the Engineer.

· All mowers are to be equipped with turf tires as to not cause damage to turf.

· All mowers are to have blades sharp enough to give an even cut.

· All vehicles on site must be equipped with a 360-degree amber warning light with at least two rotating or flashing bulbs.

· All personnel must wear a class 3 safety vest or equal work shirt.

· SHA will provide all Lane closure permits and providing a State operated protection vehicle for this contract. This will consist of:

· One Truck Mounted Attenuator (Protection Vehicle) with SHA operator

· Contractor MUST work within the work zone established by SHA and the protection vehicle

· Contractor must notify office by phone each day before beginning work and at the end of the workday.

· ABSOLUTELY NO CHEMICAL APPLICATION IS TO BE DONE (For example: Round Up)

WORK SCHEDULING

The Contractor shall leave the names and telephone numbers of two individuals who may be contacted at anytime by the Engineer. The Contractor shall begin operations no later than 10 business days after being contacted by the Engineer and continue operations until completion of all designated routes.

WORKING HOURS

Working hours shall be 7:00 A.M. to 3:30 P.M. Monday through Friday with the exception of State Holidays. High volume roadways will require work hour restrictions. Work will not be permitted on Saturdays, Sundays or State Holidays without the written permission of the Engineer. The Contractor shall receive daily orders from the Engineer. Daily working hours may shifted if mutually agreed upon by the Contractor and the Engineer.

Invoice for each completed cycle shall be sent to:

MDOT State Highway Administration Snow Hill Shop Attn: Charles Larimore 5603 Market Street Snow Hill Md 21863

Or emailed to D1snowhillinvoices@mdot.maryland.gov Supplemental Category of Work Requirements and Responsibilities Not applicable for the IFB.

Standard Terms and Conditions Contract Initiation Requirements Once all approvals have been obtained and the Contract is fully executed, the Procurement Officer may schedule a kickoff meeting to be held prior to commencement of Contract performance.

End of Contract Transition The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor at the end of the contract term or upon receipt of a Notice of Termination from the State. Transition shall be provided in a prompt and timely manner and shall proceed in accordance with the schedule provided to the Contractor by the State in the Notice of Transition. Additional instructions regarding transition services may be provided in the event of a Notice of Termination issued by the State.

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

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:

A. Contractor name and address;

B. Remittance address;

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

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

E. Invoice date;

F. Invoice number;

G. State assigned Contract number;

H. State assigned (Blanket) Purchase Order number(s);

I. Goods or services provided;

J. Amount due; and K. Any additional documentation required by regulation or the Contract.

Invoices that contain both fixed price and labor hour or time and material items shall clearly identify each item as either fixed price, and labor hour, or time and material billing.

The State 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.

The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

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.

Invoice Submission Schedule The Contractor shall submit invoices in accordance with the following schedule:

For items of work for which there is one-time pricing (see Attachment B –The Price Form), those items shall be billed following the acceptance of the work by the State. (for the previous month) Travel Reimbursement Travel will not be reimbursed for this IFB Liquidated Damages MBE Liquidated Damages Inapplicable because there is no MBE goal for this IFB.

Liquidated Damages other than MBE Inapplicable because there is no MBE goal for this IFB.

Work Orders

THIS SECTION IS INAPPLICABLE TO THIS IFB.

The Blanket Purchase Order (BPO) issued as a result of this solicitation, and any subsequent amendments, modifications or options issued relevant to this solicitation or BPO, complies with all the terms, conditions and specifications issued with this solicitation and is incorporated in and made part of the Contract – see Exhibit 2 - Sample Contract.

Payments by Electronic Funds Transfer This section is Inapplicable to this IFB Prompt Payment Policy This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt Payment Policy Directive issued by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) and dated August 1, 2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, §§ 11-201, 13-205(a), and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt payment of all subcontractors on non-construction procurement contracts. The Contractor shall comply with the prompt payment requirements outlined in the Contract, Section 31 “Prompt Pay Requirements” (see Exhibit 2 - Sample Contract). Additional information is available on GOSBA’s website at: http://www.gomdsmallbiz.maryland.gov/documents/legislation/promptpaymentfaqs.pdf.

Federal Funding Acknowledgement This Contract does not contain federal funds.

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

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.

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.

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.”

Non-Disclosure Agreement Non-Disclosure Agreement (Bidder/Offeror) A Non-Disclosure Agreement (Bidder/Offeror) is not required for this procurement.

Non-Disclosure Agreement (Contractor) A Non-Disclosure Agreement (Contractor) is not required for this procurement.

Maryland Healthy Working Families Act Requirements On February 11, 2018, the Maryland Healthy Working Families Act went into effect. All Bidders should be aware of how this Act could affect your potential contract award with the State of Maryland. See the Department of Labor, Licensing and Regulations website for Maryland Healthy Working Families Act Information: https://dllr.state.md.us/paidleave/.

The State of Maryland’s Commitment to Purchasing Environmentally Preferred Products and Services (EPPs) Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.” Accordingly, Bidders are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

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:

1. Commercial General Liability - One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, property damage, and personal and advertising injury and three million dollars ($3,000,000) annual aggregate. The minimum limits required herein may be satisfied through any combination of primary and umbrella/excess liability policies.

1. Worker’s Compensation- the Contractor Shall Maintain Such Insurance as necessary or as required under Workers’ Compensation Acts, the longshore and Harbor Workers’ Compensation Act and The Federal Employers ‘ Liability Act to not be less than . One Million Dollars ($1000,000) per occurrence (Unless a states Law requires a greater amount of coverage.) Coverage Must be Valid in all states where work is preformed.

1. Automobile or Commercial Truck Insurance- The contractor shall Maintain Automobile Or Commercial truck Insurance (Including, owned, leases, hired and non-owned vehicles) as appropriate with Liability, Collision and PIP limits no those required by the state Of Maryland.

1. The state Shall Be Listed as an additional insured on the faces of the certificates associated with the coverages listed above including umbrella polices, 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 canceled 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 recommended awardee must provide current certificate(s) of insurance with the prescribed coverages, limits and requirements set forth in this section within five (5) Business Days from notice of recommended award. During the period of performance for multi-year contracts, the Contractor shall provide certificates of insurance annually, or as otherwise directed by the Contract Monitor.

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

Bid Submission Information and Instructions 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.

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

A. Submission of Bond documents determined by the State to require original signatures; or B. Any transaction, submission, or communication where the Procurement Officer has specifically directed that a response from the Contractor or Offeror be provided in writing or hard copy.

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.

“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.

Pre-Bid Conference This Section Is Inapplicable To This IFB

Questions All questions, including concerns regarding any applicable MBE or VSBE participation goals, shall identify in the subject line the Solicitation Number and Title for this IFB and must be submitted in writing via e-mail or eMMA 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.

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.

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.

Bid Due (Closing) Date and Time 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.

For Bids accepted via email, the time stamp to indicate receipt of the Bid by the State, is the posted date and time in the Procurement Officer’s email inbox.

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.

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).

Receipt, Opening and Recording of Bids Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until the time and date set for Bid opening. Before Bid opening, the State may not disclose the identity of any Bidder.

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

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.

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.

Revisions to the IFB 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.

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

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.

Cancellations This IFB may be cancelled as provided in COMAR 21.06.02.02 The State 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.

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).

If the services that are the subject of the IFB are currently being provided under an interagency agreement with a public institution of higher education and the State determines that the services can be provided more cost effectively by the public institution of higher education, then the IFB may be canceled in accordance with Md. Code Ann., State Finance and Procurement Art., § 3-207(b)(2).

Incurred Expenses The State 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.

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).

Bidder Responsibilities 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.

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.

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

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 Contract, attached hereto as Exhibit 2 – Sample Contract. Any questions or exceptions to this IFB or the Contract must be submitted by the “Questions Due Date and Time” prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

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.

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.

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.

Confidentiality of Bids / Public Information Act Notice 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.

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 so 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.

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.

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.

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 through E = Bid will be rejected if the required Attachment is not submitted or is incomplete.

Attachments F through R = Bid may be rejected if the required Attachment is not submitted or is incomplete.

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
The Price Form (as specified within eMMA)

Do not alter this Price Form or the Bid may be determined to be not responsive. The Price 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.

(See Appendix 2 for specific Price Form Instructions.)

C
Not Applicable
D
Not Applicable
E
Not Applicable
F
Bidder Information Sheet

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-F.-Bidder-Offeror-Information-Sheet.pdf

G
Not Applicable
H
Not Applicable
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 Note: If this solicitation will result in the “selection of a contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract” the Bidder shall provide this Affidavit and other times as requested by the Procurement Officer.

J
Not Applicable
K
Not Applicable
L
Reference Checks

(Each reference shall be from a customer for whom the Bidder has provided goods or services within the most recent past three years https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-L.-Reference-Checks.pdf

M
Not Applicable
N
Not Applicable
O
Not Applicable
P
Not Applicable
Q
Not Applicable
R
Not Applicable

Additional Required Documents with the Bid

Minimum Qualifications Documentation. The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in IFB Section 1. If references are required in IFB Section 1, those references shall be included in Attachment L. Reference Checks.

Acknowledgement of all addenda to this IFB.

Bid Delivery Instructions Each Bidder shall submit its Bid Package as specified below.

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

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.

Bid Evaluation Criteria and Award Basis 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.

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.

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 required by the Procurement Officer; and (2) the Contract is signed by the Administration following any approvals of the Contract required by law or regulation.

Tie Bids Tie Bids will be decided pursuant to COMAR 21.05.02.14.

Reciprocal Preference 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:

A. The Maryland resident business is a responsible Bidder;

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

C. The other state gives a preference to its resident businesses through law, policy, or practice; and D. The preference does not conflict with a federal law or grant affecting the procurement Contract.

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

Documents Required upon Notice of Recommendation for Contract Award (Table B) Upon receipt of a notification of recommendation for contract award, along with submitting the signed Contract (see Exhibit 2 - Sample Contract), 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
D
N/A
E
N/A
S
N/A
T
N/A
U
Contract Affidavit

https://procurement.maryland.gov/wp-content/uploads/sites/12/2024/07/Attachment-U.-Contract-Affidavit.pdf

V
N/A
W
N/A
X
N/A
Y
N/A

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

IFB Appendices and Exhibits The Appendices and Exhibits listed below in Tables C and D are reference documents as needed to assist the bidders in preparing their bids in response to this solicitation. If a specific Appendix or Exhibit is not required for this solicitation, it is listed in the tables as “Not applicable” or “N/A”.

Appendices (Table C)

TABLE C - APPENDICES

Appendix #
Appendix Name
1
N/A
2
N/A
3
N/A
4
N/A
5
N/A
6
N/A
7
N/A

Exhibits (Table D)

TABLE D - Exhibits

Exhibit #
Exhibit Name
1
N/A
2
Sample Contract
3
N/A

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