Farming Lease for Property Known as Potts Property

The County is seeking bids from qualified Vendors for Farming Lease for Property Known as Potts Property, in accordance with the terms and conditions and specifications set forth in this solicitation.

Project Details

• Reference ID: 2026-IFB-129
• Department: Public Works - Solid Waste Division
• Department Head: Adam Corry (Executive Director of Environmental Services)

Important Dates

• Questions Due: 2026-06-18T16:00:00.000Z

Evaluation Criteria

• SCOPE —

  The County is seeking bids from qualified Vendors to contract for a Farming Lease for Property Known as Potts Property, which has approximately thirty-one (31) acres of tillable farmland, in accordance with the terms and conditions and specifications set forth in this solicitation.

• PURPOSE —

  The purpose of this Invitation for Bid Document is for Wicomico County (“County”) to contract for Farming Lease in conformity with the requirements contained herein (“Bid Document(s)”).

• ECONOMY BID —

  Bid Documents will be prepared simply and economically, providing straightforward and concise description of the Vendor’s capabilities to satisfy the requirements of the Bid Documents. Emphasis should be on completeness and clarity of content. Elaborate brochures and other representations beyond that sufficient to present a complete and effective Bid Document are neither required nor desired.

• DRAWINGS AND SPECIFICATIONS —
  1. Should any detail be omitted from the drawings or specifications, or should any errors appear in either, it shall be the duty of the Successful Vendor to notify the County’s designated construction inspector. 
  2. In no case shall the Successful Vendor proceed with the work without notifying and receiving definite instructions from the County. Work wrongly constructed without such notification shall be corrected by the Successful Vendor at his own cost.
• PUBLIC INFORMATION (PIA) —
  1. Wicomico County is subject to the Maryland Public Information Act and may be required to release bid submissions in accordance with the Act.
  2. Any materials the Vendor deems to be proprietary or copyrighted must be marked as such; however, the material may still be subject to analysis under the Maryland Public Information Act.
     1. The Vendor may invoke proprietary information or trade secret protection for submission of any data/material by (1) identifying the data/material in a written description, (2) clearly marking the data/material as proprietary, and (3) providing a written statement detailing the reasons why protection is necessary. The County reserves the right to ask for additional clarification prior to establishing protection.
• TIMELINE —

  Release Project Date:	June 3, 2026
  Question Submission Deadline:	June 18, 2026, 12:00pm
  Response Submission Deadline:	June 25, 2026, 2:30pm

• MATERIALS, SERVICES, AND FACILITIES —
  1. It is understood that, except as otherwise specifically stated in the Bid Documents, the Successful Vendor will provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Work within the specified time.
  2. Materials and equipment will be so stored as to insure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work will be located so as to facilitate prompt inspection.
  3. Manufactured articles, materials, and equipment will be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 
  4. Materials, supplies, and equipment will be in accordance with samples submitted by the Successful Vendor and approved by the County.
• CONTRACT PRICING —
  1. Contract pricing will be valid from August 1, 2026 - July 31, 2027 (“Contract Period”).  
  2. Pricing must include all labor, materials, tools, and equipment to perform Work.
  3. Pricing will not change during the Contract Period.
  4. Contract will be cancelled by the County for convenience, if funds are not approved for this Work during any fiscal budget year.
• CONTRACT AWARD —
  1. A written award by the County to the Successful Vendor in the form of a Purchase Order or other contract document will result in a binding Contract without further action by either party. If the Successful Vendor fails or refuses to sign and deliver the Contract and the required insurance documentation, the County will have the right to award to the next responsible and responsive Vendor. Contract will be executed by the Successful Vendor within fourteen (14) calendar days of receipt of the Contract. 
  2. Bid Documents and Contracts issued by the County will bind the Vendor to applicable conditions and requirements herein set forth, unless otherwise specified in the Bid Documents, and are subject to all federal, state, and municipal laws, rules, regulations, and limitations.
  3. County personal property taxes (“Taxes”) must be on a current basis; if any such Taxes are delinquent, they must be paid before award of Contract. Failure to pay will result in the award of Contract to another Vendor.
  4. The County reserves the right to engage in individual discussions and interviews with those Vendors deemed fully qualified, responsible, suitable and professionally competent to provide the required Goods and/or Services should the project size warrant it. Vendors will be encouraged to elaborate on their qualifications, performance data, and staff expertise.
  5. The County intends to award to the lowest Responsive and Responsible Vendor meeting the specifications.

  6. The County reserves the right to structure the services in a phases, due to funding issues.

• CONTRACT PERIOD RENEWAL OPTION —
  1. The County reserves the right to extend the Contract Period for 3 terms,  provided the Successful Vendor agrees there will be no change in price for the additional Contract Period(s). The Successful Vendor will notify the County’s Purchasing Department in writing 90 days prior to contract expiration regarding the Successful Vendor’s decision to hold prices firm for an additional year. The County will then have the option to either extend the Contract Period or re-bid.
  2. Renewable Options time periods
     1. August 1, 2027 - July 31, 2028
     2. August 1, 2028 - July 31, 2029
     3. August 1, 2029 - March 1, 2030
        1. Shorten time period to align with crop planting season
• CLARIFICATION OF TERMS —

  Professional firms or individuals that submit a bid for award of a contract (“Contract”) are referred to as vendors (“Vendors”) in this document. The Vendor that is awarded the Contract is herein referred to as the (“Successful Vendor”).

• INSPECTION AND TESTING —
  1. All materials and equipment used in the construction of the Work will be subject to adequate inspection and testing in accordance with generally accepted standard, as required and defined in the Bid Documents.
  2. The County or its representatives may, at any time, enter upon the work and the premises used by the Successful Vendor, and the Successful Vendor shall provide proper and safe facilities to secure convenient access to all parts of the work, and all other facilities necessary for inspection, as may be required. 
  3. The County will appoint such persons as deemed necessary to properly inspect the materials furnished or to be furnished, and the work done under the contract and to see that the same strictly corresponds with the drawings and specifications. All such materials and workmanship shall be subject to approval of the County. Approval or acceptance of payment shall not be misconstrued as approval of items or work not in conformance with specifications and drawings nor shall it prevent the rejection of said work or materials at any time thereafter during the existence of the contract, should said work or materials be found to be defective, or not in accordance with the requirements of the contract. 
  4. Work and material will be inspected promptly, but if for any reason should a delay occur, the Successful Vendor shall have no claim for damages or extra compensation. 
  5. The Successful Vendor shall pay for all inspection costs necessary to complete the work which may be incurred to comply with the requirements of any agency other than the County, such as a railroad, public service utility company, or any other governmental agency or any other agency whose jurisdiction affects the work in any manner unless otherwise specified herein.
• APPROVAL OF SUBSTITUTION OF MATERIALS —
  1. Samples of materials shall be submitted by the Successful Vendor for approval before such materials are ordered from the manufacturers or distributors and shall be approved by the County before actual work is begun. 
  2. It is the intention of these specifications to permit all vendors bidding on this work to secure the fullest amount of competition on the various materials and specialties names herein. Wherever a material or article is defined by describing a proprietary product or by using the name of a vendor or manufacturer, the term or approved equal shall be presumed to be implied unless otherwise stated.
• FARMING —
  1. The property consists of approximately  151.82 acres, with approximately 32 acres on tillable land.
  2. This property does not offer irrigation.
  3. This property is located on Naylor Mill Road between Ocean Gateway and Brick Kiln Road.
  4. Location: Tax Map 0028; Grid 0017; Parcel 0158 
  5. The tillable land is for agricultural and related purposes.
  6. Prohibited Uses
     1. No livestock or poultry are permitted on the property.
     2. No fertilizer or manures may be stored on the property.
     3. Prejudicial crops and invasive plants are prohibited on the property 
  7. Access only from Naylor Mill Road
  8. No sub-leasing will be permitted, unless the County provides written consent. 
  9. The Lessor reserves the right to prevent the production of any crop on any or all of the land where the production of such crop would clearly damage the land due to excessive erosion or other causes.
  10. The Lessee will use fertilization practices which will prevent depletion of the essential plant food elements in the soil.
  11. The Lessee will provide sufficient quantities of lime to keep the land at proper pH for crop production.
  12. The Lessee will not bring any livestock or poultry on the land and will not use any buildings without the express approval of the Lessor.
  13. No fertilizers or manures may be stored on the property hereby leased. All manure shall be spread and tilled utilizing commonly accepted farming practices unless other storage permission is granted.
  14. Lessor agrees to use diligence to prevent noxious weeds from going to seed on the property.
• QUESTIONS AND INQUIRIES —

  Bidders shall submit all inquiries regarding this bid via the e-Procurement Portal, located at https://procurement.opengov.com/portal/wicomicocounty. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

• AUDIT —

  The Successful Vendor agrees to retain all books, records, and other documents relative to the awarded Contract for five (5) years after final payment, or until audited. The County, its authorized agents, and/or State auditors will have full access to and the right to examine any of said materials during said period.

• FILLING OUT BID DOCUMENTS —
  1. Complete all bid submission requirements in the Vendor Bid section.
  2. Each Bid submission will be certified by the person(s) legally authorized to bind the Vendor to a contract, using the legal name of the signer. Bid Documents submitted by an agent will have a current Power of Attorney attached certifying the agent’s authority to bind the Vendor.
  3. Vendor will supply all information and submittals required by the Bid Documents to constitute a proper and responsible completed Bid Document package.
  4. Any ambiguity in the Bid Documents as a result of omission, error, lack of clarity, or non compliance by the Vendor with specifications, instructions, and/or all conditions of bidding will be construed in the light most favorable to the County.
• NONPERFORMANCE —

  The County reserves the right to inspect all operations and to withhold payment for any goods not performed or not performed in accordance with the specifications in this Bid Document.

  Errors, omissions, or mistakes in performance will be corrected at no cost to the County. Failure to do so will be cause for withholding of payment for that Goods and/or Services. In addition, if deficiencies are not corrected in a timely manner, the County may characterize the Successful Vendor as uncooperative, which may jeopardize future project order solicitations.

• PROTECTION OF WORK, PROPERTY, AND PERSONS —
  1. Successful Vendor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Successful Vendor will take all necessary precautions and programs in connection with the Work. Successful Vendor will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury, or loss to all employees on the Work and other persons who may be affected thereby, all the Work and all materials or equipment to be incorporated therein, whether in storage on off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction.
  2. Successful Vendor will comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction. Successful Vendor will erect and maintain, as require by the conditions and progress of the Work, all necessary safeguards for safety and protection. Successful Vendor will notify owners of adjacent utilities when progress of the Work may affect them. The Successful Vendor will remedy all damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Successful Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable.
  3. In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Successful Vendor, without special instruction or authorization from the County, will act to prevent threatened damage, injury, or loss. Successful Vendor will give the County prompt Written Notice of any significant changes in the Work or deviations from the Bid Documents caused thereby, and a Change Order will thereupon be issued covering the changes and deviations involved.
• BARRICADES, DANGER, WARNING, AND DETOUR SIGNS —
  1. The Successful Vendor shall provide, erect, and maintain all necessary barricades, sufficient red lights, flares, danger signals and signs, provide a sufficient number of watchmen, and take all necessary precautions for the protection of the work and safety of the public.
• MODIFICATION OR WITHDRAWAL OF BID —

  A Bid Document may not be modified, withdrawn, or cancelled by the Vendor during the stipulated time period following the time and date designated for the receipt of Bid Documents, and each Vendor so agrees in submitting Bid Documents.

• Attachments —
  1. Sample Lease Agreement
  2. Map of both Agriculture Production areas - "County - Naylor AG ITB Exhibit"
  3. Correct Plat "MSA C2332 3960"
  4. Real Property Data Search "SDAT TM0028P0158"
  5. Resubdivision / Subdivision Plan "S2539-RESUB-SUB"
• SUBMISSION OF BID DOCUMENTS —
  1. Submit Electronic Responses via the e-Procurement Portal https://procurement.opengov.com/portal/wicomicocounty.
  2. Bids are due Thursday, June 25, 2026, 2:30 pm, and will be opened at the time listed in the e-Procurement Portal.
  3. Vendors, or their authorized agents, are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting Bid Documents; failure to do so will be at the Vendor’s own risk.
  4. A fully executed Affidavit of Qualification to Bid will be uploaded with each Bid Submission.
  5. MINORITY VENDORS ARE ENCOURAGED TO PARTICIPATE.
  6. All Vendor submitted Bid Documents will be valid for a minimum of sixty (60) days from the date of Bid Document opening.
• LICENSES AND PERMITS —
  1. The Successful Vendor shall have all necessary licenses required to do the work and give all notices and obtain and pay all necessary permits required by local laws and regulations for building.
  2. State and Federal permits (if applicable) to undertake work have been obtained by the County and accompany these specifications.
• DEFAULT —
  1. The Contract may be cancelled or annulled by the County in whole or in part by written notice of default to the Successful Vendor upon non-performance, violation of Contract terms, delivery failure, bankruptcy or insolvency, any violation of state or local laws, or the making of an assignment for the benefit of creditors. An award may then be made to the next most highly rated Vendor, or when time is of the essence, similar commodities and/or service may be purchased on the open market. In either event, the defaulting Vendor (or his surety) will be liable to the County for cost to the County in excess of the defaulted Contract price.
  2. If a representative or warranty of either Party to the Contract is false or misleading in any material respect, or if either Party breaches a material provision of the Contract (“Cause”), the non-breaching Party will give the other Party written notice of such cause. If such Cause is not remedied within fifteen (15) calendar days (“Cure Period”) after receipt of such notice, (unless, with respect to those Causes which cannot be reasonably corrected or remedied within the Cure Period, the breaching Party will have commenced to correct or remedy the same within such Cure Period and thereafter will proceed with all due diligence to correct or remedy the same), the Party giving notice will have the right to terminate this Contract upon the expiration of the Cure Period.
• COLLUSION/FINANCIAL BENEFIT —
  1. The Vendor certifies that his/her Bid is made without any previous understanding, agreement, or connection with any person, firm, or corporation making a Bid Document for the same project; without prior knowledge of competitive prices; and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.
  2. Upon signing the Bid Document, Vendor certifies that no member of the governing body of the County, or members of his/her immediate family, including spouse, parents or children, or any other officer or employee of the County, or any member or employee of a Commission, Board, or Corporation controlled or appointed by the Executive or Council has received or has been promised, directly or indirectly, any financial benefit, related to this Bid Document and subsequent Contract.
• ACCEPTANCE OR REJECTION OF BIDS —
  1. Unless otherwise specified, the Contract will be awarded to the most RESPONSIBLE and RESPONSIVE Vendor complying with the provisions of the Bid Documents, provided the Bid price is reasonable, does not exceed the funds available, and it is in the best interest of the County to accept it. The County reserves the right to reject the Bid Documents of any Vendor who has previously failed to perform properly in any way or complete on time contracts of a similar nature; or a Bid Document from a Vendor who, investigation shows, is not in a position to perform the Contract; or Bid Documents from any person, firm, or corporation which is in arrears or in default to the County for any debt or contract.
  2. Completed Bid Documents from Vendors debarred from doing business with the State of Maryland or the Federal Government will not be accepted.
  3. In determining a Vendor’s RESPONSIBILITY, the County may consider the following qualifications, in addition to price:
     1. Ability, capacity, and skill to provide the commodities or services required within the specified time, including future maintenance and service, and including current financial statement or other evidence of pecuniary resources and necessary facilities.
     2.  Character, integrity, reputation, experience, and efficiency.
     3. Quality of past performance on previous or existing contracts, including a list of current and past contracts and other evidence of performance ability. 
     4. Previous and existing compliance with laws and ordinances relating to contracts with the County and to the Vendor’s employment practices. 
     5. Evidence of adequate insurance to comply with Contract terms and conditions.
     6. Statement of current work load and capacity to perform/provide the Goods and/or Services.
     7. Explanation of methods to be used in fulfilling the Contract. 
     8. The Vendor, if requested, will be prepared to supply evidence of its qualifications, listed above, and its capacity to provide/perform the Goods and/or Services; such evidence to be supplied within a specified time and to the satisfaction of the County.
  4. In determining a Vendor’s RESPONSIVENESS, the County will consider whether the Bid Document conforms in all material respects to the Bid Documents. The County reserves the right to waive any irregularities that may be in its best interest to do so.
  5. The County will have the right to reject any and all Bid Documents, where applicable to accept in whole or in part, to add or delete quantities, to waive any informalities or irregularities in the Bid Document received, to reject a Bid Document not accompanied by required Bid security or other data required by the Bid Documents, and to accept or reject any Bid Document which deviates from specifications when in the best interest of the County. Irrespective of any of the foregoing, the County will have the right to award the Contract in its own best interests.
• SUPERVISION —
  1. The Successful Vendor shall maintain, at all times during the progress of work, a competent and experienced supervisor who shall represent the Successful Vendor, and all directions given to him shall be binding. Important decisions of any directions, if requested by the supervisor, shall be confirmed in writing. 
  2. Supervision by the County or its representative does not relieve the Successful Vendor of responsibility for defective work executed under the direct control of the Successful Vendor. Responsibility for defective work rests upon the Successful Vendor, whether discovered by the County prior to final payment or subsequent thereto.
• GENERAL REQUIREMENTS —
  1. The Successful Vendor must be licensed to perform Work in the state of Maryland. 
  2. The County shall have unrestricted access to the entire property during the contract term. 
     1. The County may conduct hydrogeological evaluations during the contract term; however, work will be coordinated with the Successful Vendor to avoid disruption of agriculture operations and damage or loss of agriculture product. 
     2. County will not be liable for loss as the result of evaluation operations. 
• QUALIFICATIONS —
  1. The Vendor must comply with the laws regarding conducting business in the State of Maryland. All Vendors shall provide a copy Certificate of Status from the Maryland Department of Assessments and Taxation, evidencing the Vendor is in good standing with the State of Maryland. See https://businessexpress.maryland.gov/manage/order-business-documents for information on obtaining the Certificate of Status. Certificates of status are not available for trade names, name reservations, government agencies, sole proprietorships, and some other accounts as these are not legal entities and thus are not required for these categories of Vendors. For more information on the Certificate of Status please see https://businessexpress.maryland.gov/manage.
  2. Wicomico County reserves the right, at its sole discretion, to extend the date this documentation must be provided. The Vendor’s inability to provide this documentation could result in the bid being rejected.
  3. All Vendors who wish to bid on County projects and contracts need to register as a bidder at https://procurement.opengov.com/portal/wicomicocounty.
• TAX EXEMPTION —
  1. In buying products directly from a Vendor, Wicomico County is exempt from being directly charged Federal excise and Maryland sales tax. A copy of an exemption certificate shall be furnished upon request.
  2. According to the Office of the Comptroller of Maryland, a Contractor is responsible for paying sales tax on his/her purchases relating to any projects or services and should incorporate it into their bid. 
  3. Contractors cannot use the County tax exemption to buy materials or products used on County projects.
• CLEAN UP —
  1. Upon completion of the items within a given location as specified and before monthly estimates will be paid, the construction area and all other areas occupied by the Successful Vendor during the construction of said Contract shall be cleaned of all surplus and discarded materials, bracing, forms, rubbish, and temporary structures that were placed there by the Successful Vendor. 
  2. Disposal of the aforementioned shall be the responsibility of the Successful Vendor.
• CONTRACT CHANGES —
  1. NO CLAIMS may be made by anyone that the scope of the project or that the Vendor’s Goods and/or Services have been changed (requiring changes to the amount of compensation to the Vendor or other adjustments to the Contract) UNLESS such changes or adjustments have been made by an approved WRITTEN AMENDMENT (Change Order) to the Contract signed by the Purchasing Agent (and the County Council, if required), prior to additional Goods and/or Services being initiated. Extra Goods and/or Services performed without prior, approved, written authority will be considered as unauthorized and at the expense of the Vendor. Payment will not be made by the County.
  2. NO ORAL conversations, agreements, discussions, or suggestions, which involve changes to the scope of the Contract, made by anyone including any County employee, will be honored or valid. No written agreements or changes to the scope of the Contract made by anyone other than the Purchasing Agent (with County Council approval, if required) will be honored or valid.
  3. If any Change Order in the Goods and/or Services results in a reduction in the Goods and/or Services, the Vendor will neither have, nor assert any claim for, nor be entitled to any additional compensation for damages or for loss of anticipated profits on Goods and/or Services that are eliminated.
• CHANGES IN WORK —
  1. The County, without invalidating the contract, may order extra work or make changes by altering, adding, or deducting from the work with the contract sum being adjusted accordingly.
  2. All such work shall be executed under the conditions of the original contract, except that any claim for the extension of time caused thereby shall be adjusted at the time of ordering such change.
  3. The value of any such extra work or change shall be determined in one or more of the following ways:
     1. By estimate and acceptance of lump sum.
     2. By unit prices named in the contract or subsequently agreed upon.
• PAYMENT —
  1. The Successful bidder will submit payment for one (1) full year at the time of the fully executed lease.
  2.  Payment to exercise the renewal option must be received by July 1 prior to the start of the new term.
• TIME FOR COMPLETION —
  1. The Work contemplated under this Contract shall be considered as continuous and be completed within the timeframe(s) stated in General Conditions Section.
  2. The Successful Vendor will be allowed to work eight (8) hours per day, Monday through Friday, except for holidays, 52 weeks per year.
  3. The Successful Vendor will not be permitted to work on holidays observed by Wicomico County or the State of Maryland or on Sundays unless otherwise authorized in writing.
  4. In case of an emergency which may require that work be done on Saturdays, Sundays, and Holidays, the Successful Vendor shall request permission of the County to do so. If, in the opinion of the County, the emergency is bona fide, permission may be granted to the Successful Vendor to work such hours as may be determined are necessary by the County. Also, if in the opinion of the County a bona fide emergency exists, the Successful Vendor may be directed to work such hours as may be necessary whether or not the Successful Vendor requests permission to do so.
  5. The Successful Vendor shall pay the County for all costs incurred for inspection services required for work permitted during holidays, weekends or in excess of eight (8) hours per day.
• ADDENDUM —
  1. No oral statements of any person will modify or otherwise affect or interpret the meaning of the Contract specifications, or the terms, conditions, or other portions of the Contract. All modifications and every request for any interpretation must be addressed to the Wicomico County’s Purchasing Agent and to be given consideration, must be received no later than the last day for questions listed in the project timeline.
  2. Any and all interpretations, corrections, revisions, and amendments will be issued by the Purchasing Agent to all holders of Bid Documents in the form of written addenda. Vendors are cautioned that any oral statements made by any County employee that materially change any portion of the Bid Documents will not be relied upon unless subsequently ratified by a formal written amendment to the Bid Document.
  3. All addenda will be issued so as to be received at least five (5) calendar days prior to the time set for receipt of Bid Documents, and will become part of the Contract and will be acknowledged in the electronic bid submission. Failure of any Vendor to receive any such addenda will not relieve said Vendor from any obligation under the Bid Document as submitted.
  4. Vendors are cautioned to refrain from including in their Bid Document any substitutions, which are not confirmed by written addenda.
  5. The Wicomico County Purchasing Agent reserves the right to postpone the Bid Document opening for any major changes occurring in the 5-day interim which would otherwise necessitate an Addendum.
• NOTICE TO VENDORS —

  Before a Vendor submits the Bid Documents it will need to become fully informed as to the extent and character of the Goods and/or Services required and are expected to completely familiarize themselves with the requirements of this Bid Document’s specifications. Failure to do so will not relieve the Vendor of the responsibility to fully perform in accordance therewith. No consideration will be granted for any alleged misunderstanding of the material to be furnished or the Services to be performed, it being understood that the submission of a Bid Document is an agreement with all of the items and conditions referred to herein.

• PIGGYBACKING —
  1. Wicomico County may authorize, upon request, any governmental entity (hereafter Authorized User) within the County to purchase items under the contract awarded pursuant to this bid solicitation.
  2. All purchase orders issued against the contract by an authorized User shall be honored by the Contractor in accordance with all terms and conditions of this contract.
  3. The issuance of a purchase order by an Authorized User pursuant to this provision shall constitute an express assumption of all contractual obligations, covenants, conditions and terms of the contract. A breach of the contract by any particular Authorized User shall neither constitute nor be deemed a breach of the contract as a whole which shall remain in full force and effect, and shall not affect the validity of the contract nor the obligations of the Contractor thereunder respecting the County.
  4. The County specifically and expressly disclaims any and all liability for any breach by an authorized User other than the County and each such Authorized User and Contractor guarantee to save the County, its officers, agents and employees harmless from any liability that may be or is imposed by the Authorized User’s failure to perform in accordance with its obligations under the contract.
• EXCEPTIONS/SUBSTITUTIONS —
  1. Any exceptions or substitutions to the specifications requested should be marked in the bid document submission.
  2. An exception to the specifications may not necessarily disqualify the bid. The County will determine if the exception is an essential deviation or a minor item.
  3. In the case of a minor deviation, the County maintains the option to award to that Vendor if it determines the performance is not adversely affected by the exception.
• LIQUIDATED DAMAGES —
  1. If the Successful Vendor shall fail to start and complete the project within the time frame stated above, the County shall assess liquidated damages in the amounts listed below per calendar day for each and every day the Successful Vendor fails to complete the contract.
     1. Amount of Contract                                                                           Liquidated Damages per Day 
        1. Less than $10,000                                                                                                         $100.00
        2. $10,000 or less than $100,000                                                                                $250.00
        3. $100,000 or less than $500,000                                                                             $750.00
        4. $500,000 or more $1,000.00                                                                                $1,000.00
  2. Or will be based on actual cost to the County, whichever is greater.
  3. The designated County project manager reserves the option to extend the scheduled completion date or waive the liquidated damages clause in its entirety if he is of the opinion that extenuating circumstances deemed such action appropriate.
• CORRECTION OF WORK —
  1. The Successful Vendor will promptly remove from the premises all Work rejected by the County for failure to comply with the Bid Documents, whether incorporated in the construction or not, and the Successful Vendor will promptly replace and re-execute the Work in accordance with the Bid Documents and without expense to the County and will bear the expense of making good all Work of other Vendors destroyed or damaged by such removal or replacement.
  2. All removal and replacement Work will be done at the Successful Vendor’s expense. If the Successful Vendor does not act to remove such rejected Work within ten (10) days after receipt of Written Notice, the County may remove such Work and store the materials at the expense of the Successful Vendor.
• CONSTRUCTION SAFETY AND HEALTH STANDARDS —
  1. It is a condition of this contract, and shall be made a condition of each sub-contract entered into pursuant to this contract, that the Successful Vendor and any sub-contractor shall not require any laborer or mechanic employed in performance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards (Title 29, Code of Federal Regulations, Part 1926, formerly Part 1518, as revised from time to time, promulgated by the United States Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standard Act.) (83 Stat. 96).
  2. Failure of Wicomico County to inform the Successful Vendor of safety violations will not release the Successful Vendor of his responsibilities.
• INSURANCE —
  1. If required by the General Conditions or Terms and Conditions, the Successful Vendor shall provide the County with Certificates of Insurance within ten (10) calendar days of bid award notification evidencing the required coverage. 
  2. Successful Vendor must provide Certificates of Insurance before commencing work in connection with the Contract.
• BID BOND —
  1. Bid Documents must be accompanied by a Bid Bond if the Vendor’s total Bid amount exceeds $100,000, payable to the County for five (5%) percent of the total amount of the bid. After the analysis of the Bid Documents the County will return Bid Bonds to all Vendors except the three (3) lowest Responsive and Responsible Vendors. After execution of the Contract, and receipt, execution, and approval of the Successful Vendor’s Payment and Performance bond, the Bid Bonds will be returned. A certified check may be used in lieu of a Bid Bond.
  2. The County, at its discretion, may consider a Vendor in default if the Vendor fails to execute the Contract, in which the County will retain said Bid Bond.
• BID EVALUATION —
  1.  If some characteristic of the bid requires that the bid must be reviewed by the County Council, the award can be expected within 30 calendar days after County Council approval.
  2. Bid tabulations will be posted on the e-Procurement Portal. Bid tabulations will be posted as soon as reasonably possible after the Bid opening. 
• PERFORMANCE AND PAYMENT BONDS —
  1. The Successful Vendor will be required to provide the County with a Performance Bond and Payment Bond, if the total Contract amount exceeds $100,000, each in the amount of one hundred percent (100%) of the Contract Price, with a corporate surety approved by the County for the faithful performance of the Contract.
  2. The Successful Vendor will within fourteen (14) calendar days after the receipt of the Contract furnish the County with a Performance Bond and Payment Bond in penal sums equal to the amount of the Contract Price, conditioned upon the performance by the Successful Vendor of all undertakings, covenants, terms, conditions, and agreements of the Bid Documents, and upon the prompt payment by the Successful Vendor to all persons supplying labor and materials in the  prosecution of the Work provided by the Bid Document. Such Bonds will be executed by the Successful Vendor and corporate bonding company licensed to transact such business in the state in which the Work is to be performed and named on the current list of "Surety Companies  Acceptable on Federal Bonds" as published in the Circular Number 570. The expense of these Bonds will be borne by the Successful Vendor. If at any time a surety on any such Bond is declared  bankrupt or loses its right to do business in the State of Maryland OR IS REMOVED FROM THE  LIST OF SURETY COMPANIES ACCEPTED ON FEDERAL BONDS, Successful Vendor will within ten (10) calendar days after notice from the County TO DO SO, SUBSTITUTE AN ACCEPTABLE Bond(s) in such form and sum and signed by such other surety or sureties as may be satisfactory to the County.
• GUARANTEE —
  1. The Successful Vendor shall furnish the County with a one-year guarantee of workmanship and materials, dating from time of acceptance of the project and shall make good any defects which may occur during that period.
  2. If any special guarantees in excess of the one-year period are specified by the manufacturer, these guarantees shall take precedence over the one-year period guarantee.
  3. Upon completion of work, and before final payment or release of retainage, submit, and obtain from each subcontractor, material supplier and equipment manufacture general warranties and a notarized asbestos free guarantee.

Submission Requirements

• Price Proposal (required)
• Certificate of Good Standing with the State of Maryland (required) —

  (See Section I, "Qualification" for more information.) 

• Herbicide Applicator License (required) —

  Please upload your license or your subcontractor's license.

• Bid Bond (required)
• Principal Document (required) —

  Please download the below documents, complete, and upload.

• Vendors Affidavit of Qualification to Bid (required) —

  Please download the below documents, complete, and upload.

• Non-Collusion Affidavit (required) —

  Please download the below documents, complete, and upload.

• Reference #1 (required) —

  This one of three references required for which the Vendor has provided Goods/Services similar to those  requested in the Proposal Document within the last 12-36 months. Include

  • contact name
  • address
  • telephone number
  • email address
  • services provided 

  in the space below.

• Reference #2 (required) —

  This one of three references required for which the Vendor has provided Goods/Services similar to those  requested in the Proposal Document within the last 12-36 months. Include

  • contact name
  • address
  • telephone number
  • email address
  • services provided 

  in the space below.

• Reference #3 (required) —

  This one of three references required for which the Vendor has provided Goods/Services similar to those  requested in the Proposal Document within the last 12-36 months. Include

  • contact name
  • address
  • telephone number
  • email address
  • services provided 

  in the space below.

• Is your company currently involved in any active litigation? (required)
• Is your company currently involved in any mergers or acquisitions? (required)
• Exceptions (required) —

  Except as listed below, or on separate sheets attached in "Additional Documents", the enclosed Completed Proposal Document covers all items as specified.  (If none, write NONE)

• The Vendor agrees that their bid will be good for at least sixty (60) days, unless otherwise indicated in the bid specifications.
• I certify that I have read, understood and agree to the terms in this solicitation, and that I am authorized to submit this response on behalf of my company.* (required)
• Additional Documents
• Enforce Liquidated Damages? (required)
• What type of goods/services are being provided? (required) —

  Ex. Engineering

• Construction project? (required)
• Is this a construction project equal to or greater than $100,000? (required) —

  Yes means that a bid bond will be required for this project. 

• How many renewal terms are possible? (required) —

  Ex. 2

• What is the contract period? (required) —

  Ex. January 1, 2025- December 31, 2025

• Renewal Option? (required)
• Pricing (required)
• Type of Standard Terms and Conditions Attachment (required)
• Will be piggybacking be allowed? (required)