STATE OF MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES INVITATION FOR BIDS FOR MPCTC JANITORIAL/HOUSE KEEPING SERVICES MDQ

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1 STATE OF MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES INVITATION FOR BIDS FOR MPCTC JANITORIAL/HOUSE KEEPING SERVICES MDQ ISSUE DATE: 8/6/18 SMALL BUSINESS RESERVE PROCUREMENT This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, , Annotated Code of Maryland, and that are certified by the State of Maryland Small Business Reserve Program are eligible for award of a contract. MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION

2 NOTICE TO VENDORS In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please or fax this completed form to the attention of the Procurement Officer (see Key Information Sheet below for contact information). Title: MPCTC JANITORIAL /HOUSEKEEPING SERVICES Solicitation No: M D Q If you have chosen not to respond to this solicitation, please indicate the reason(s) below: ( ) Other commitments preclude our participation at this time. ( ) The subject of the solicitation is not something we ordinarily provide. ( ) We are inexperienced in the work/commodities required. ( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.) ( ) The scope of work is beyond our present capacity. ( ) Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS section.) ( ) We cannot be competitive. (Explain in REMARKS section.) ( ) Time allotted for completion of the Bid/Proposal is insufficient. ( ) Start-up time is insufficient. ( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.) ( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky. (Explain in REMARKS section.) ( ) MBE or VSBE requirements. (Explain in REMARKS section.) ( ) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.) ( ) Payment schedule too slow. ( ) Other: 2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.). REMARKS: Vendor Name: Date: Contact Person: Phone ( ) - Address: E- mail Address: 2

3 STATE OF MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES IFB KEY INFORMATION SUMMARY SHEET Invitation For Bid: MPCTC Janitorial/Housekeeping Services IFB Issue Date: August 6, 2018 Solicitation No.: Issuing Office: Procurement Officer: Site Visit: MDQ Police and Correctional Training Commissions Amy Clark Not Scheduled Bid Due Date and Time: Delivery Address: SBR Designated: August 10, :00pm Local Time All bids are to be submitted through emm under emm solicitation no.: MDQ Yes ALL INQUIRIES PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED TO THE PROCUREMENT OFFICER IDENTIFIED ABOVE. 3

4 NOTICE TO BIDDERS SMALL BUSINESS RESERVE PROCUREMENT This is a Small Business Reserve procurement for which award is limited to certified small business vendors. Only businesses that meet the requirements set forth in State Finance and Procurement Article, , Annotated Code of Maryland, and who are registered with the Department of General Services Small Business Reserve Program are eligible for award. For the purposes of a Small Business Reserve procurement, a small business is a for profit business, other than a broker, that meets the following criteria: Independently owned and operated. Not a subsidiary of another business. Not dominant in its field of operation. AND Its wholesale operations did not employ more than 50 persons. Its retail operations did not employ more than 25 persons. Its manufacturing operations did not employ more than 100 persons. Its service operations did not employ more than 100 persons. Its construction operations did not employ more than 50 persons. The architectural and engineering services of the business did not employ more than 100 persons. OR The gross sales of the wholesale operations of the business did not exceed an average of $4,000,000 in its most recently completed three fiscal years. The gross sales of the retail operations of the business did not exceed an average of $3,000,000 in its most recently completed three fiscal years. The gross sales of the manufacturing operations of the business did not exceed an average of $2,000,000 in its most recently completed three fiscal years. The gross sales of the service operations of the business did not exceed an average of $10,000,000 in its most recently completed three fiscal years. The gross sales of the construction operations of the business did not exceed an average of $7,000,000 in its most recently completed three fiscal years. The gross sales of the architectural and engineering services of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years. If a business has not existed for three years, the employment and gross sales average(s) is the average for each year or part of a year during which the business has been in existence. Further information on the certification process is available at emaryland Marketplace 4

5 SECTION 1 - SPECIFICATIONS 1.1 OBJECTIVE The Maryland Department of Public Safety and Correctional Services, Maryland Police and Correctional Training Commissions (MPCTC) is soliciting bids to procure the following: A short term contract approximately 6 months or until vacancies have been filled for Janitorial/Housekeeping Services located at th Street, Sykesville, Md BASIS OF AWARD This procurement is being conducted under Small Procurement Regulations as set forth in Code of Maryland Regulations (COMAR) The basis of award shall be the responsive and responsible vendor submitting the best value to the State. In the event of tie bids, the provisions of COMAR shall determine the successful bidder. 1.3 BID SUBMITTAL INFORMATION All bids, affidavits, and/or responses to attachments shall be submitted through emaryland Marketplace (emm) under the emm solicitation number listed on the Key Information Sheet. Bids shall be uploaded into emm by the due date and time for consideration. Multiple or alternate bids will not be acceptable unless otherwise stated in the solicitation documents. 1.4 emaryland In order to submit a bid and / or to receive a contract award, a vendor must be registered on emm. Registration is free. Go to click on Register to begin the process, and then follow the prompts. 1.5 SCOPE OF WORK / DETAILED SPECIFICATIONS Housekeeping/ Janitorial services to be provided to the Maryland Police and Correctional Training Commissions (MPCTC) Located at: ADMIN Building th Street, Sykesville, MD Dorm Building I th Street, Sykesville, MD Dorm Building II th Street, Sykesville, MD Physical Training Facility nd Street, Sykesville, MD Drivers Training Facility Slacks Road, Sykesville, MD Firearms training Facility 7320 Slacks Road, Sykesville, MD

6 1.5.2 Service hours shall be Monday thru Friday, 8:00 am -3:30 pm (excluding holidays) Cleaning Supplies to be provided by the vendor and brought on site daily. Minimum supplies to be brought are: Vacuum Broom Mop and Mop Bucket Glass Cleaner Surface Cleaner/ Sanitizer Stainless Steel Cleaner Toilet Bowl Cleaner and Toilet Brush Shower Cleaner Duster Paper Towels and Cleaning Rags Toilet paper, Trash bags, soap for bathrooms, and paper towels for dispensers will be provided by MPCTC General cleaning services as shown below are an example of services to be provided. These duties will be assigned daily on an as needed basis. DORM ROOM CLEANING Bathroom: Clean shower walls, floor and shower curtain, polish faucet and discard any toiletries left behind. Clean sink and countertop, polish faucet, Clean toilet Clean mirror Sanitize hard surfaces Wipe toilet paper holder, towel holder and light switch. Vacuum, then wet mop floor Fill toilet paper (replace at half or less), leave extra roll in closet Spot clean walls/door as needed Place one soap at sink and one in shower Bedroom: Empty trash and replace liner, leave some extra in bottom of can Vacuum carpet, including closet, under desk and behind door, spot clean if needed Clean windows and windowsills as needed Clean telephone receiver, door and closet handles and light switches Clean desk tops, head/foot boards Place chair under desk, remote on desk or near TV Dust blinds and vents Make bed - fitted sheet, flat sheet, pillowcase, white cotton blanket and logo blanket Place at foot of bed - one washcloth and two towels 6

7 Place on closet shelf one wool blanket and extra roll of toilet paper Other: Remove any items left in room, (check drawers and closet) put in bag for lost & found (labeled with date and room number). Give immediately to Reception Desk. Check following items in room to be sure they are in good working order - TV, clock, desk lamps, ceiling lights, sink, toilet, closet doors, Closet - Remove metal hangers, keep plastic hangers and close doors, Leave room ready to occupy with blinds in down position, tilted open and chairs pushed under desk Report all maintenance repairs/housekeeping issues to Facilities Administrator immediately. DORM ROOM REFRESH Bathroom: Clean sink and countertop, polish faucet Clean toilet o Clean mirror o Sanitize hard surfaces Vacuum, then wet mop floor Fill toilet paper (replace at half or less), leave extra roll in closet Place one soap at sink and one in the shower Bedroom: Empty trash and replace liner Vacuum carpet, including closet and under desk, behind door, spot clean as needed Clean desk tops, head/foot boards Place at foot of bed - one fitted sheet, one flat sheet, one pillowcase, one light blanket, one logo blanket, one washcloth, one hand towel, two towels (only provide linen as needed based on what was provided for laundry) Leave room ready to occupy with blinds in down position, tilted open and chairs pushed under desk(s). Report all maintenance repairs/housekeeping issues to Facilities Administrator immediately. EXECUTIVE WING Bathroom: Empty trash/replace liner o Clean sink and surrounding counter, polish faucet Clean toilet Clean mirror Wipe toilet paper holder, towel holder and light switch Sanitize hard surfaces Fill toilet paper, leave extra as needed Spot clean walls/door as needed Offices: Empty trash/replace liner Vacuum carpet, including under desk, and behind door, spot clean as needed Clean telephone receiver, doors and light switches Clean/dust desk tops, if accessible 7

8 Dust light fixtures o Dust vents Other/Conference Room/Work Room: Vacuum corridor, dusting corners and areas not accessible by vacuuming Vacuum conference room Clean windowsills, table, countertops Spot clean walls as needed in corridor Dust light fixtures Dust vents in corridor Clean windows in doors as needed Empty workroom shredding machine receptacle as needed o Check microwave/refrigerator for cleaning as needed Report all maintenance repairs/housekeeping issues to Facilities Administrator immediately. CLASSROOM CLEANING Reset Classroom to standard configuration (classroom style, rows of tables and chairs, facing front). Report any missing furniture/items. Table/desks to be in straight rows/aisles. Chairs pushed under tables. Empty trash, replace liner Dust window ledges/sills, railings, display cases, wall ledges, pictures and other general areas Clean marker/chalk boards and chalk ledge Clean and sanitize desk/table tops Clean and sanitize all "high" touch surfaces (telephone headset, keyboard, mouse, remote control(s), light switches, door knobs, etc) Vacuum all areas, moving tables/chairs as needed. Dusting corners not reachable by vacuum cleaner. Clean/remove marks on painted walls if possible Report all maintenance repairs/housekeeping issues to Facilities Administrator immediately. CLASSROOMS C201 C202 C203 C210 C212 C213 C214 C215 C217 H013 T114 C010 C011 C012 T002/3/4 8

9 T010 SATELLITE BUILDING CLEANING Physical Training Center, Firearms Training, Driver Training and Garage Empty trash throughout building classrooms, hallway, bathrooms and offices Sweep, dry mop or vacuum entry ways, stairwells, hallways, classrooms, locker rooms and offices. Dust window ledges/sills, railings, display cases, wall ledges, pictures and other general areas. Clean restrooms: Empty trash, replace liner as needed o Check/fill soap dispensers and hand sanitizer dispensers o Check/fill paper towel dispensers o Sweep/dry mop floor then wet mop o Clean mirrors and counter tops around sinks o Clean and sanitize sinks and toilets/urinals o Wipe down all stainless steel areas with cleaner, wipe dry o Leave extra toilet paper Clean windows on all doors Clean/remove marks on painted walls if possible Clean marker/chalk boards and chalk ledge. Clean and organize janitorial closet(s) Specifically at PTC (in addition to items above): Dust weight and workout equipment o Scrub gymnasium floor o Clean locker rooms: Empty trash, replace liner Check/fill soap dispensers and hand sanitizer dispensers Check/fill paper towel dispensers Leave extra toilet paper rolls Sweep/dry mop floor then wet mop Wipe down shower stalls Clean shower curtains Clean mirrors and counter tops around sinks Clean and sanitize sinks and toilets/urinals Wipe down all stainless steel areas with cleaner, wipe dry Report all maintenance repairs/housekeeping issues to Facilities Administrator immediately This is a time and material contract. Hourly rate submitted must include the cleaning supplies and hourly labor rate combined The staff expected to report for completion of services is one (1) working supervisor with the ability to add one or more staff on an as needed basis Contract will remain in effect for the time period and quantity specified unless the contract is terminated by the State as set forth in Section 2.8 through

10 1.6 INVOICING AND PAYMENTS Contractor shall include the following information on all invoices; name of company, address, including 9 digit zip code, FEIN number, a contact name and phone number (including toll free) for placing orders. Failure to do so may result in delay of payment. All invoices are to be submitted to the following address or address: accountspayable.osec@maryland.gov or MPCTC Accounts Payable th Street Sykesville, Md The Contractor shall submit invoices in accordance with the following schedule: Invoices to be forwarded once a month upon completion of services. 1.7 NO BID NOTICE The Department is committed to providing solicitations that are readily and easily responded to. If you choose not to respond to this solicitation, please fill out the form provided in this solicitation and it to the Procurement Officer indicated in the key information sheet. We will review your responses and suggestions. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK 1 0

11 SECTION 2 MANDATORY TERMS AND CONDITIONS 2.1 INCORPORATION BY REFERENCE All terms and conditions of the solicitation and amendments thereto will be made a part of the final contract which will be in the form of a blanket purchase order ( BPO ) or purchase order ( PO ). See Section By submitting a bid in response to this solicitation, the Bidder, if selected for award as the Contractor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO. 2.2TAX EXEMPTION The Department is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply. 2.3DELIVERY AND ACCEPTANCE Delivery shall be made in accordance with the solicitation specifications. The Department, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor s control. The Department unilaterally may order in writing the suspension, delay or interruption of performance hereunder The Department reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Unless otherwise stated in the specifications, materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced The Department reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any If the Contractor fails to make delivery in accordance with its quoted time frame, and the Department is required to obtain the needed goods or services on the open market, the Contractor shall be liable for any excess costs to the Department. 2.4INTELLECTUAL PROPERTY Contractor agrees to indemnify and save harmless the State, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this Contract. 2.5MARYLAND LAW PREVAILS The law of Maryland shall govern the interpretation and enforcement of this Contract. 2.6CHANGES 1 1

12 This Contract may be amended only with the written consent of both parties. Amendments may not significantly change the scope of the Contract (including the Contract price). 2.7 DISPUTES Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer. 2.8 TERMINATION FOR NON-APPROPRIATION If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination. 2.9 TERMINATION FOR DEFAULT If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR B TERMINATION FOR CONVENIENCE The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR A(2) NONDISCRIMINATION The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law ITEMS OF MERCURY CONTENT To the extent this solicitation is for products that may contain mercury, there is a price preference for products that are mercury free. The price preference shall not exceed 5 percent of the bid price for products that are mercury free or for products containing the least amount of mercury. 2.13COMPLIANCE WITH LAWS The Contractor hereby represents and warrants that: It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified; It is not in arrears with respect to the payment of any monies due and owing the State of 1 2

13 Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract; It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland. 2.14BID AFFIDAVIT Each bidder shall execute and attach to the bid or proposal the affidavit included with this solicitation. 2.15BLANKET PURCHASE ORDER (BPO)/ PURCHASE ORDER AS CONTRACT As used in this provision, a bid refers to a bid submitted under Small Procurement Regulations As used in this provision, a bidder refers to a bidder under Small Procurement Regulations As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the Maryland Department of Public Safety & Correctional Services The bidder s execution and submission of a responsive bid constitutes a promise by the bidder to perform the contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period of 30 days or for such longer period as the bidder and the Department may agree Upon acceptance of a bid, the Procurement Officer may issue a Purchase Order (PO) and/ or Blanket Purchase Order (BPO), in a form to be determined by the Department which substantially contains the terms and conditions of the solicitation. The PO/BPO constitutes the State s acceptance of the bid and binds the bidder to a contract. The execution and issuance of a PO and/ or BPO by the Procurement Officer, subject to all necessary approvals, shall constitute acceptance of the bid and final award of the contract. The contract shall consist of the executed PO and/or BPO issued by the Procurement Officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the PO and/or BPO, the bid, or by operation of law, and the executed bid of the bidder. If the Procurement Officer issues a PO and/ or BPO, at the option of the Procurement Officer it will not be necessary for the bidder to execute the PO and / or BPO or any other form of contract or agreement. The bidder understands and agrees that the terms and conditions of the BPO/PO may not be waived. The Procurement Officer may require that the parties both execute a single document as the embodiment of the contract between the parties In the event of a conflict between provisions of the contract documents, the controlling 9

14 provisions shall be, in the following order, those of: i. the PO and/ or BPO; then ii. the solicitation; and then iii. the bid. 2.16RETURNED GOODS Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor s failure to meet contract requirements. Compensation shall be limited to actual unreimbursed costs incurred by the Contractor including, but not limited to, restocking charges, shipping charges, plus reasonable profit. Contractor must provide written proof of claimed compensation. A return of goods covered by this section shall be deemed a partial termination for convenience as to the returned goods, and other contract provisions and principles applicable to a partial termination for convenience shall apply. 2.17ANTI-BRIBERY The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States. 2.18REGISTRATION OF FOREIGN CORPORATIONS Pursuant to et seq. of the Corporations and Associations Article of the annotated Code of Maryland, corporations not incorporated in the State of Maryland shall be registered with the State Department of Assessments and Taxation, 301 W. Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation. 2.19CONTINGENT FEE The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employeer agency, any fee or other consideration contingent on the making of this agreement. 2.20EPA COMPLIANCE Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable. 2.21OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.) All materials, supplies, equipment, or services supplied as a result of this contact shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards PRE-EXISTING REGULATIONS 10

15 The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this contract are applicable to this contract. 2.23INDEMNIFICATION The State shall not assume any obligation to indemnify, hold harmless, or pay attorney s fees that may arise from or in any way be associated with the performance or operation of this agreement. 2.24ADDITIONAL QUANTITIES The State reserves the right to solicit separate bids if a particular quantity requirement arises which exceeds the State s normal requirements as provided in the solicitation or exceeds an amount specified in this contract. 2.25NEW MATERIALS All items shipped pursuant to this Purchase Order shall be new, never previously used, and the current model of the item unless specifically stated otherwise in this contract. 2.26ASSIGNMENT This Purchase Order and the monies which may become due hereunder are not assignable except with the prior written approval of the Procurement Officer. 2.27DRUG AND ALCOHOL FREE WORKPLACE The contractor warrants that the contractor shall comply with COMAR Drug and Alcohol Free Workplace, and that the contractor shall remain in compliance throughout the term of this Purchase Order. 2.28COMMERCIAL NONDISCRIMINATION POLICY As a condition of entering into this Purchase Order, Contractor represents and warrants that it will comply with the State s Commercial Nondiscrimination Policy, as described under State Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Purchase Order and may result in termination of this Purchase Order, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is no enforceable by or for the benefit of, and creates no obligation to, any third party The Contractor shall include this Section 2.30, Commercial Nondiscrimination Policy, in all subcontracts to the State contract As a condition of entering into this Purchase Order, upon the request of the Maryland 11

16 Commission on Human Relation, an only after the filing of a complaint against Contractor under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contract on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State s Commercial Nondiscrimination Policy as set forth under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Purchase Order and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK 12

17 ATTACHMENT B BID/ PROPOSAL AFFIDAVIT I HEREBY AFFIRM THAT: BID/PROPOSAL AFFIDAVIT I (print name) possess the legal authority to make this Affidavit. A. 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 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, sexual identity, genetic information or an individual s refusal to submit to a genetic test or make available the results of a genetic test, 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, (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; (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. 13

18 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, , 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 ; 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. B. 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 (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): 14

19 . C. AFFIRMATION REGARDING OTHER CONVICTIONS I FURTHER AFFIRM THAT: 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 et seq., or the Mail Fraud Act, 18 U.S.C 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, of the State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of 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; (9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code: (a) 7201, Attempt to Evade or Defeat Tax; (b) 7203, Willful Failure to File Return, Supply Information, or Pay Tax, (c) 7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information, (d) 7206, Fraud and False Statements, or (e) 7207 Fraudulent Returns, Statements, or Other Documents; (10) Been convicted of a violation of 18 U.S.C. 286 Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. 287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. 371, Conspiracy to Defraud the United States; (11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 15

20 10, Annotated Code of Maryland; (12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if: (a) A court: (i) (ii) Made the finding; and Decision became final; or (b) The finding was: (i) (ii) Made in a contested case under the Maryland Administrative Procedure Act; and Not overturned on judicial review; (13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if: (a) A court: (i) (ii) Made the finding; and Decision became final; or (b) The finding was: (i) (ii) Made in a contested case under the Maryland Administrative Procedure Act; and Not overturned on judicial review; (14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if: (a) A court: (i) (ii) Made the finding; and Decision became final; or (b) The finding was: (i) (ii) Made in a contested case under the Maryland Administrative Procedure Act; and Not overturned on judicial review; or (15) 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) (14) of this regulation, 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): 16

21 . D. AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT: 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 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). E. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES I FURTHER AFFIRM THAT: (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 , et seq., of the State Finance and Procurement Article of the Annotated Code of 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):. F. SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT:. 17

22 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. G. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business has: (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. H. 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. I. 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. J. CERTIFICATION REGARDING INVESTMENTS IN IRAN (1) The undersigned certifies that, in accordance with State Finance and Procurement Article, , 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, , Annotated Code of Maryland; and (b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, , Annotated Code of Maryland. (2) The undersigned is unable to make the above certification regarding its investment 18

23 activities in Iran due to the following activities: K. 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, , 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. L. I FURTHER AFFIRM THAT: 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 as 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, or sale of such item or service. M. 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) 19

24 THEREBY AFFIRM THAT: ATTACHMENT C MERCURY AFFIDAVIT MERCURY AFFIDAVIT AUTHORIZED REPRESENTATIVE I am the (Title) and the duly authorized representative of (Business). I possess the legal authority to make this affidavit on behalf of myself and the business for which I am acting. [ ] The product(s) offered do not contain mercury. OR [ ] The product(s) offered do contain mercury. MERCURY CONTENT INFORMATION: (1) Describe the product or product component that contains mercury. (2) Provide the amount of mercury that is contained in the product or product component. Indicate the unit of measure being used. 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 Signature Print Name: Authorized Representative and Affiant 20