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When submitting a bid, it is the duty of the party making the offer to demonstrate an understanding of the project requirements.  This means that the party making the offer must include an adequate approach to performing all requirements and make the written bid specific enough as to leave nothing up to interpretation or misunderstanding…

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Owners of small businesses may qualify for specific programs through the Small Business Administration (“SBA”).  A variety of federal programs exist to provide small businesses with the maximum practicable opportunity to participate in subcontracts.  Specifically, a proportion of contracts are set aside for small business concerns.   While the total set-asides for a small business will…

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The Prevailing Wage laws are found in the State Finance and Procurement Article of the Maryland Annotated Code at 17-201 et. seq. Section 17-222(b)(2) states that the “contractor and the subcontractor shall be jointly and severally liable for restitution to the subcontractor’s employees” for payment of less than the prevailing wage. Further, 17-222(b)(1) also states…

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The Department of Labor recently issued a final rule implementing a January 30, 2009 Executive Order titled “Nondisplacement of Qualified Workers Under Service Contracts” that requires a follow-on contractor to give employees of an outgoing contractor a right of first refusal to fill positions if they would otherwise be terminated. It is a common practice…

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The United States Government Accountability Office (“GAO”) recently upheld a bid protest for a Maryland construction company in a $675-million design-build contract for upgrades to the flood control system in New Orleans, Louisiana. Bechtel Infrastructure Corporation, based out of Frederick, Maryland, lost its bid for the Permanent Canal Closures and Pump Stations (“PCCP”) to CBY…

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Numerous online resources exist to assist potential Maryland MBE/DBEs navigate the application process. The following list contains important websites that any potential minority business enterprise or disadvantaged business enterprise should consult prior to filing of an application to the Maryland Department of Transportation. These online resources will assist in clarifying any potential questions that may…

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Contractors in Maryland familiar with State and County procurement have likely experienced the heavy handed scrutiny of their Minority Business Enterprise (“MBE”) participation forms contained in their bid submissions. Quite often the procurement officer will reject bids for very minor irregularities in the MBE forms. For example, this law firm represented a contractor who submitted…

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