MARYLAND DEPARTMENT OF LABOR, LICENSING & REGULATION (DLLR)

Transcription

1 MARYLAND DEPARTMENT OF LABOR, LICENSING & REGULATION (DLLR) INVITATION FOR BIDS (IFB) FOR LANDSCAPING SERVICES FOR LOWER EASTERN SHORE CALL CENTER Project No. DLLR-FY ISSUE DATE: December 10, 2012 THIS IS A SMALL BUSINESS RESERVE ONLY IFB YOU MUST BE SBR CERTIFIED BY THE STATE OF MARYLAND TO BE CONSIDERED FOR AWARD Prospective Bidders who have received this document from the emarylandmarketplace.com, or who have received this document from a source other than the Procurement Officer, and who wish to assure receipt of any changes or additional materials related to this IFB, should immediately contact the Procurement Officer and provide their name and mailing address so that amendments to the IFB or other communications can be sent to them. Minority Business Enterprises are Encouraged to Respond to this Solicitation

2 STATE OF MARYLAND NOTICE TO VENDORS/CONTRACTORS In order to help us improve the quality of State solicitations, and 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 bid or proposal (or no bid), as the case may be. Thank you for your assistance. Title: Landscaping Services for Lower Eastern Shore Call Center Project Number: DLLR-FY If you have responded with a no bid, please indicate the reason below: ( ) Other commitments preclude our participation at this time. ( ) The subject of the contract is not something we normally provide. ( ) We are inexperienced in the work/commodities required. ( ) The specifications are either unclear or too restrictive. (Please explain in remarks section.) ( ) The scope of work is beyond our current capacity. ( ) Doing business with government is simply too complicated. ( ) We cannot be competitive. (Please explain in remarks section.) ( ) Time for completion is insufficient. ( ) Bonding/insurance requirements are prohibitive. (Please explain in remarks section.) ( ) Bid/proposal requirements, other than specifications, are unreasonable or too risky. (Please explain in remarks section.) ( ) Prior experience with State of Maryland contracts was unprofitable or otherwise unsatisfactory. (Please explain in remarks section.) ( ) Other: 2. If you have submitted a bid or proposal, but wish to offer suggestions or express concerns, please use the remarks section below. (Use the back for additional information.) Remarks: Vendor Name: Date: Contact: Phone: Address: If you have chosen not to bid on this procurement, please fax this completed form to: (410) (Attention: Sandy Crisafulli). THANK YOU!!! 2

3 TABLE OF CONTENTS Section I Introduction Page A. Purpose 4 B. Administrative/Contractual Information 4-9 Section II Scope of Work/Specifications Scope of Work 2. Qualifications of Bidders 3. Insurance Section III Bid Submission 13 Exhibits Exhibit I Exhibit I Exhibit II Exhibit III Exhibit IV Exhibit V Bid Form Bid Form/Reference Sheet Bid/Proposal Affidavit Small Business Reserve and Affidavit Sample Contract Agreement Contract Affidavit

4 SECTION I INTRODUCTION A. Purpose The purpose of this Invitation for Bid (IFB) is to establish a contract for Landscaping Services for the Department of Labor, Licensing and Regulation s Eastern Shore Call Center located at 1790 Westwood Drive, Salisbury, Maryland B. Administrative/Contractual Information 1. Issuing Office and Procurement Officer This IFB is issued by the Contracts and Procurement Unit. The sole point of contact in this IFB is the Procurement Officer or designee at the issuing office address as shown below: 2. Inquiries Sandy Crisafulli Procurement Officer Department of Labor, Licensing and Regulation 500 North Calvert Street, Room 481 Baltimore, Maryland Telephone: (410) Fax No: (410) scrisafulli@dllr.state.md.us All communications regarding this solicitation are to be made solely through the Procurement Officer. 3. Project Manager The Department of Labor, Licensing and Regulation will assign James Wolf as the Project Manager to assure compliance with this Contract he can be reached at Site Visit Each bidder is encouraged to attend the scheduled site visit conference. The site visit is scheduled for December 17, 10:00 a.m. in DLLR s Eastern Shore Call Center, located at 1790 Westwood Drive, Salisbury, Maryland At the scheduled site visit, each bidder will be permitted to examine the site, familiarize himself/herself with the full nature and extent of the work and obtain answers to questions, clarifications of the contract. It is the sole responsibility of the bidder to familiarize himself/herself with the site and the contents of these specifications. Failure to do so does not relieve the successful bidder from his/her obligations to comply with all aspects of this bid package for the amount he/she specifies as his/her bid. For site visit information, contact Mr. James Wolf at Submission Deadline In order to be considered, bids must be received no later than 2:00 p.m. EST on January 3, 2

5 2013, to the Procurement Officer at the address listed in Section I.B.1. Bidders should allow sufficient mailing and delivery time to ensure timely receipt by the Procurement Officer. Bids arriving after the closing date and time are late and shall be rejected in accordance with applicable regulations. Electronic and fax bids will not be accepted. A public bid opening will be held on January 3, 2013 at 2:15 p.m., at 500 N. Calvert Street, Baltimore, Maryland 21202, in room 481 Conference Room. 6. Signatures Each bid shall be signed by an officer authorized to make a binding commitment for the firm(s) making the bid. 7. Procurement Method The procurement method being used for this solicitation is Competitive Sealed Bidding, as described in COMAR Bid Evaluation and Award In accordance with COMAR , the State intends to award one (1) contract to the responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the IFB and is based on the most favorable bid price. 9. Addenda and Revisions to the IFB If it becomes necessary to revise any part of this IFB, addenda will be provided to all vendors who received the initial IFB. The bidder must acknowledge the receipt of all amendments with their bid response. The acknowledgement of each addenda shall be signed by the bidder and attached to the cover of the Bid Form. Failure of the bidder to acknowledge each issued Addenda will not be an excuse for failure to comply with changes issued via the addenda and failure to comply may result in disqualification. 10. Acceptance of Terms and Conditions The DLLR intends to award one (1) contract to the bidder that best satisfies the needs of the DLLR, price and other factors considered. This request does not commit the DLLR to award a contract. Contents of the bid shall become contractual obligations if a contract ensues. By submitting a bid in response to this IFB, the bidder thereby accepts the terms and conditions set forth herein. 11. Cancellation and Rejection of Bids The State reserves the right to accept or reject any and all bids, in whole or in part, received in response to this IFB when the cancellation is determined to be in the best interest of the State of Maryland in accordance with COMAR Regulation

6 12. Duration of Bid Prices submitted in response to this solicitation are irrevocable for ninety (90) days following the due date. This period may be extended at the Procurement Officer s request only with the Bidder s written agreement. Once a bid is accepted, all prices, terms, and conditions shall remain unchanged throughout the contract period. 13. Term of Contract The term of this Contract is for a period of two (2) years commencing on the date that the Department issues the Notice to Proceed, which is anticipated to begin on January 14, 2013 and end on January 13, Contract Type The Contract to be awarded as a result of this IFB will be an indefinite quantity contract with fixed unit prices pursuant to COMAR Bid Form Bidders shall complete and submit bids as defined in Exhibit I of this IFB. Electronic submissions are not permitted. The bid and all bid forms of each bidder shall be signed by a corporate officer, partner, proprietor or individual authorized to legally bind the bidder. Completed reference forms must be submitted with bid form. 16. Compliance with Law By submitting a bid in response to this IFB, the successful bidder(s) selected for award agrees that it shall comply with all Federal, State and local laws applicable to its activities and obligations under the Contract. 17. Procurement Regulations The IFB and any resulting contract shall be governed by the State Finance and Procurement Article and by COMAR Title 21, State Procurement Regulations, as amended. 18. Alternate Bids and Multiple Bids Alternate or multiple bids will not be accepted. 19. Bid/Proposal Affidavit All prospective bidders must complete and submit with the bid an original signed copy of the Bid/Proposal Affidavit (Exhibit II). 20. Withdrawals or Modifications of Bids 4

7 Bids may be modified or withdrawn by written notice and received by the Procurement Officer at the location provided in Section I.B.1 prior to the date and time specified for the bid opening. 21. Mistakes and Tie Bids Bidder may correct discoverable mistakes prior to the date and time specified for the bid opening by withdrawing or correcting the bid as provided in COMAR Tie bids will be handled in accordance with COMAR Use of e-maryland Marketplace e-maryland Marketplace is an electronic commerce system administered by the Maryland Department of General Services. The IFB and associated materials, Bidder s questions and responses, addenda, and other solicitation related information will be provided via e-maryland marketplace. This means that all such information is immediately available to subscribers to e-maryland Marketplace. It is recommended that all bidders interested in doing business with the State of Maryland register on emaryland Marketplace (emm). Registration is free. Go here to register: Click on Registration to begin the process and follow the prompts. 23. Arrearages By submitting a response to this IFB, the bidder(s) represents that it is not in arrears in the payment of any obligations due to the State of Maryland, including the payment of taxes and employee benefits and that it shall not become in arrears during the term of this contract if selected for the contract award. 24. Resident Business Reciprocal Preferences When awarding by Competitive Sealed Bids, the Agency may, in accordance with COMAR , give a preference to the lowest responsive and responsible bid from a resident business (as defined in COMAR A(3)) if the State in which the non-resident business is located gives its residents preference. The preference given shall be identical to the preference given by the other state to its residents, unless this conflicts with any federal grant or regulation affecting this Contract. 25. Protests Any bidder or other interested person who is aggrieved by the award of the contract resulting from this solicitation or proposed award may protest that decision. If a protest is made, it shall be in accordance with COMAR Section Verification of Registration and Tax Payments 5

8 Before a corporation can do business in the State of Maryland it must be registered with the Department of Assessments and Taxation ( DAT ), State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland DAT can be reached at , or online at It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of bids. A bidder s failure to complete registration with the Department of Assessments and Taxation may disqualify an otherwise qualified bidder from final consideration and recommendation for contract award. 27. Contract Affidavit All bidders are advised that if a contract is awarded as a result of this IFB, the successful bidder shall be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Exhibit IV of this IFB. 28. Small Business Reserve Program 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 registered with the Department of General Services Small Business Reserve Program are eligible for award of a contract. For more information about the Small Business Reserve Program visit: False Statements a. Offerors are advised that Section of the State Finance and Procurement Article of the Annotated Code of Maryland provides as follows: In connection with a procurement contract, a person may not willfully: *Falsify, conceal or suppress a material fact by any scheme or device; *Make a false or fraudulent statement or representation of a material fact; or *Use a false writing or document that contains a false or fraudulent statement or entry of a material fact. b. A person may not aid or conspire with another person to commit an act under subsection (a) of this section. c. A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine not exceeding $20,000 or imprisonment not exceeding five (5) years or both. 30. Public Information Act Notice In accordance with the Public Information Act of the Annotated Code of Maryland, bids received by the Department of Labor, Licensing and Regulation, in connection with the transaction of public business, are public records. Pursuant to the Code, the custodian may deny the right of inspections of various types of records, including trade secrets, privileged information and confidential, commercial and financial data furnished by or obtained from any person. For the convenience of, and to assist the Department of Labor, Licensing and Regulation, vendors may 6

9 stamp or otherwise clearly identify each page or portion of the data submitted which is considers Not for Public Information, and to which the public should be denied inspection. Vendors are advised that, upon request for this information from a third party, the Procurement Officer is required to make an independent determination whether the information can be disclosed (see COMAR ). The use of a blanket confidentiality statement for the entire submittal is unacceptable. 31. Order of Precedence The contract between the State and the selected vendor will be embodied in the contract documents. The contract documents will consist of: (1) The Contract executed by the parties (included for informational purposes as Exhibit 4 of this IFB); (2) This IFB including Addenda, if any; (3) The Contractor's Bid; (4) The Contractor's signed Contract Affidavit; and (5) The Contractor's signed Bid/Proposal Affidavit. In the event of a conflict between provisions of the contract documents, the controlling provisions shall be in the order of the contract documents listed above. 32. Economy of Preparation Bids should be prepared simply and economically, providing a straight-forward, concise description of the vendor's ability to meet the requirements of this IFB. 7

10 SECTION II SCOPE OF WORK/SPECIFICATIONS 1. Scope of Work The following Landscaping services are required for the Department of Labor, Licensing and Regulation s Eastern Shore Call Center, as specified in the scope of work. The location is Eastern Shore Call Center, located at 1790 Westwood Drive, Salisbury, Maryland This contract includes the following landscaping areas. I. Routine Maintenance Practices A. Police area for trash each visit. B. Mow all turf areas weekly or as needed. C. All concrete to be edges two times per month. D. All walks, gutters and driveways to be swept or blown clean weekly. E. Chemical and mechanical means shall be used to control weeds in shrub beds, tree wells, curbs, gutters, parking lots, and sidewalks. II. Periodicals Horticultural Practices A. Turf fertilization with pre-emerge crabgrass control to be performed in early spring. B. Shrub beds and tree wells to be edged and mulched with shredded hardwood mulch as needed. C. Shrubs and trees (under 15 ) to be pruned or sheared as needed throughout the contract period to maintain a neat appearance. D. Shrubs and small trees to be fertilized. E. Broadleaf week control to be applied to turf in spring. F. Turf to be aerated in fall. trees. G. Insect and disease problems to monitored and treated as necessary, except for H. Leaves to be removed from all areas in the fall. I. Turf to be fertilized. 8

11 2. Qualifications of Bidders Bidder must submit written evidence and documentation to verify that the following Qualifications are met. The Procurement Officer, on behalf of DLLR and in the exercise of his/her discretion, may contact one or more of any cited references. Bidders must have a minimum of two consecutive years of experience in landscaping services. Verification of landscaping services during the two years must be in writing and include at least three references. Please include the names of client s, addresses and telephone numbers of contact persons for the companies where services have been performed. The bidder must submit three references in which similar services were provided. Each reference must contain the address, contact person and telephone number. The Procurement Officer, on behalf of DLLR, may contact one or more of any cited references. 3. Insurance Requirement 1. The Contactor must furnish and keep in effect during the term of this contract the following: (a) General liability insurance in the amount of $100,000 per occurrence, false imprisonment, malicious prosecution, defamation of character, liable, slander or other tortuous conduct caused by any acts of the Contractor s employees. (b) Such Workmen s Compensation Insurance as is required by the Laws of the State of Maryland. 2. Unless the Procurement Officer otherwise agrees and before the Contractor begins work, the Contractor must submit any required certificates of insurance to the Procurement Officer for review and approval ten (10) days prior to beginning any work under this contract. These certificates shall be held by the Procurement Officer for the duration of the contract. The State shall have the absolute right to terminate the contract if any insurance policy is cancelled at any time for any reason and a new policy is not obtained by the Contractor and approved by the Procurement Officer. Unless the Procurement Officer otherwise agrees, the new policy must be effective as the previous policy s date of cancellation. 4. State Holidays State holidays which services will not be required by the Contractor shall be: New Year s Day Martin Luther King Day Presidents Birthday Memorial Day Independence Day Labor Day Columbia Day Gubernatorial Election Veterans Day Thanksgiving Day Day-after Thanksgiving Christmas Day 9

12 5. Basis of Award This contract will be awarded to the responsive and responsible contractor submitting the lowest Evaluated Base Bid for the two (2) year term of the contract. In accordance with COMAR , the State intends to award a contract to the responsible and responsive bidder whose bid meets the requirements and evaluation criteria set forth in the IFB and is based on the most favorable bid price. The term of the contract will be for (2) two years based on the fixed hourly rate for the landscaping services. 6. Base Bid The Base Bid shall be the total cost for all services (except for Unit Prices/Hourly Bill Rates) if required by these specifications. 7. Evaluated Base Bid The Evaluated Base Bid shall be the total of the Total Bid Price placed on the Bid Form. 10

13 SECTION III BID SUBMISSION The following shall be included in the bidder s submission: 1. Bid Price Form (Exhibit I) must not be altered in any form. The price quoted is all inclusive to include all indirect and direct costs. 2. Reference sheets these must be completed and submitted with the bid form in order for the bid to be considered for award. (Exhibit I Continued). 3. Bid/Proposal Affidavit Exhibit II) 4. Small Business Affidavit Exhibit III) 5. Sample Contract Agreement Exhibit IV 6. Contract Affidavit Exhibit V 11

14 EXHIBIT I BID FORM DLLR-FY The Bid Form shall not be altered in any way. Altering this bid form without the approval of the Procurement Officer will result in the bids being deemed non-responsive. Bidder shall enter a firm, fully loaded, fixed price that is all inclusive to include all direct and indirect costs (overhead, profit, travel, out of pocket expenses, etc.) The price quoted is the total amount that will be paid to the contractor. Award will be based on the lowest evaluated bid price. A B C D Contract Years Monthly Rate 24 Months Cost Total (BxC) Cost 1) Base Contract Term - 1 Year $ x 12 months $ 2) Base Contract Term 2 Year Total 2 year Estimated price Add lines 1-2 Enter Grand Total on D for Column B-C $ x 12 months $ $ The price quoted is for 2 years period with no renewal options in accordance with the specification provided in Section II of this IFB. Company Information Bidder s Name: Title: Signature: Address: Phone Number: Fax Number: Federal Employer ID No. or Social Security No.: State Certified MBE: (yes ) (no ) State Certified SBR: (yes ) (no ) Certification No.: Certification No.:

15 EXHIBIT 1 BID FORM (Continued) DLLR FY REFERENCE SHEET FILL IN BOLD ITALIZED INFORMATION COMPLETELY AND SUBMIT WITH BID FORM. FAILURE TO PROVIDE COMPLETE REFERENCE INFORMATION WILL RESULT IN DISQUALIFICATION OF BID. REFERENCE #1 FIRST AND LAST NAME: TITLE: PLACE OF BUSINESS: ADDRESS: CONTACT PHONE NUMBER: CONTACT CELL PHONE NUMBER (if applicable): HOURS TO BE CONTACTED: ADDRESS (if applicable): REFERENCE #2 FIRST AND LAST NAME: TITLE: PLACE OF BUSINESS: ADDRESS: CONTACT PHONE NUMBER: CONTACT CELL PHONE NUMBER (if applicable): HOURS TO BE CONTACTED: ADDRESS (if applicable): REFERENCE #3 FIRST AND LAST NAME: TITLE: PLACE OF BUSINESS: ADDRESS: CONTACT PHONE NUMBER: CONTACT CELL PHONE NUMBER (if applicable): HOURS TO BE CONTACTED: ADDRESS (if applicable): 2

16 EXHIBIT II - BID/PROPOSAL AFFIDAVIT DLLR-FY A. AUTHORITY I HEREBY AFFIRM THAT: I, (name of affiant) am the (title) and duly authorized representative of (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting. B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in of the State Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES. The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, (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. 3

17 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. C. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section (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): 4

18 . D. 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; or (9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in B and C and subsections D(1) (8) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the 5

19 person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):. E. 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).. F. 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):. G. SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT: 6

20 Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction. H. AFFIRMATION REGARDING COLLUSION 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. I. CERTIFICATION OF TAX PAYMENT I FURTHER AFFIRM THAT: Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement. J. CONTINGENT FEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract. K. 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. 7

21 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) 8

22 Exhibit III DLLR-FY DEPARTMENT OF LABOR, LICENSING AND REGULATION Small Business Reserve Program On April 27, 2004, Governor Ehrlich signed Senate Bill 904 into law establishing the Small Business Reserve Program. The Small Business Reserve Program began October 1, 2004 and expires September 30, 2007 if not extended by legislature. For the first time, qualified small businesses will only be competing with other qualified small businesses for contracts as prime contractors. Major aspects of the program are: The Small Business Reserve Program legislation requires that 22 designated procurement units, of which the DLLR is one, shall structure their procurement procedures to achieve a minimum of 10 percent of the unit's total dollar value of goods, supplies, services, maintenance, construction, construction-related services, architectural and engineering service contracts to be made directly to qualified small businesses. The total dollar value of procurements by a designated procurement unit does not include the value of contracts in conflict with federal law and does not include procurement preference contracts to benefit disadvantaged individuals as stipulated by law; i.e. State Use Industries, Blind Industries and Services of Maryland and sheltered workshops. The Department of General Services (DGS) will have a bidder's list of qualified small businesses that shall be posted on the DGS s website ( Effective October 1, 2004 a small business for Maryland means a business, other than a broker, that meets the following criteria: o the business is independently owned and operated; o the business is not a subsidiary of another business; o the business is not dominant in its field of operation; o the wholesale operations of the business did not employ more than 50 persons, and the gross sales of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years; o the retail operations of the business did not employ more than 25 persons, and the gross sales of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years; o the manufacturing operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed average of $2,000,000 in its most recently completed 3 fiscal years; o the service operations of the business did not employ more than 100 persons, and the gross sales of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years; and o the construction operations of the business did not employ more than 50 persons, and the gross sales of the business did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years. Solicitations designated for Small Business Reserve shall be clearly marked as such. The success of this program depends on your participation. So, please get on the bidder s list by going to the DGS website at and click on the Small Business Reserve hyperlink. 9

23 DLLR-FY SMALL BUSINESS CONTRACT AFFIDAVIT SUBMIT WITH BID FORM ********** PROVIDING FALSE INFORMATION ********** Anyone providing false information to the State of Maryland in connection with obtaining or attempting to obtain a contract under Small Business Reserve or Preference procurement may be subject to the following: 1. A determination by a Procurement Officer that a bidder/offeror is not responsible; 2. A determination that a contract entered into is void or voidable under of the State Finance and Procurement Article of the Annotated Code of Maryland; 3. Suspension and debarment under Title 16 of the State Finance and Procurement Article; 4. Criminal prosecution for procurement fraud ( of the State Finance and Procurement Article), perjury, or other crimes; and 5. Other actions permitted by law. ********** FAILURE TO MEET MINIMUM QUALIFICATIONS ********** Any Bidder or potential bidder failing to meet the minimum qualifications of a "small business" specified in (c) of the State Finance and Procurement Article will be ineligible to participate in a procurement designated for a Small Business Reserve under or Small Business Preference under Any person or company bidding on Small Business Reserve or Preference procurement and not qualifying as a small business under (c) will have its bid or offer rejected on the ground that the bidder is not responsible. I AFFIRM THAT: To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgments contained in that certain Bid/Proposal Affidavit dated, 20, and executed by me for the purposed of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein. 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. SMALL BUSINESS QUALIFICATION NUMBER Date of Most Recent Qualification by DGS Today s Date BY: Signature (Authorized Representative and Affidavit) 10

24 EXHIBIT IV SAMPLE CONTRACT DLLR-FY CONTRACTUAL AGREEMENT STATE OF MARYLAND DEPARTMENT OF LABOR, LICENSING AND REGULATION THIS AGREEMENT (the Agreement or Contract ), is made as of the day of 2013 by and between the DEPARTMENT OF LABOR, LICENSING AND REGULATION ( DLLR ), a principal department of the State of Maryland ( State ), and ( Contractor ). DLLR and Contractor do mutually agree as follows: 1. Services to be Provided (a) Contractor shall provide full Court Reporting Services in accordance with the solicitation dated, attached as Exhibit A and incorporated herein and Contractor s bid dated, attached as Exhibit B and incorporated herein. (b) If there is any conflict between this Contract and any of the Exhibits, the following order of precedence shall determine the prevailing provision: i. Contract ii. Exhibit A Solicitation iii. Exhibit B Contractor s Bid (c) DLLR retains the unilateral right to require changes in the scope of services so long as the charges are within the general scope of work to be performed hereunder. 2. Term of Agreement Performance under this Agreement commences on, and continues until. 3. Compensation and Payment (a) The consideration to be paid the Contractor for services provided shall not exceed. (b) Each invoice for services rendered must include the Contractor s Federal Tax Identification Number which is. Charges for late payment of invoices other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, as from time-to-time amended, are prohibited. Contractor must include Contract Number # on invoices. (c) In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor 11

25 to be reduced or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer. 4. Payment of State Obligations Electronic funds transfer will be used by the State to pay Contractor for this Contract and any other State payments due Contractor unless the State Comptroller s Office grants Contractor an exemption. 5. Delays and Extensions of Time Contractor agrees to perform this Agreement continuously and diligently. No charges or claims for damages shall be made by Contractor for any delays or hindrances, regardless of cause, in the performance of services under this Contract. Time extensions may be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another contractor in the performance of a State contract, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or the delay of a subcontractor or supplier arising from unforeseeable causes beyond the control and without the fault or negligence of either Contractor or the subcontractor or supplier. 6. Disputes This Agreement is subject to Title 15, Subtitle 2 (Dispute Resolution), State Finance and Procurement Article, Maryland Code, and to COMAR (Administrative and Civil Remedies). Pending resolution of a claim, Contractor must proceed diligently with the performance of the Agreement in accordance with the Procurement Officer's decision. Unless a lesser period is provided by law, Contractor must file a written notice of claim with the Procurement Officer within thirty days after the basis for the claim is known or should have been known, whichever is earlier. Contemporaneously with or within thirty days of the filing of a notice of claim, but no later than the date of final payment under the Agreement, Contractor must submit to the Procurement Officer its written claim containing the information specified in COMAR Termination for Convenience The State may terminate the performance of work under this Agreement in whole, or, from time to time, in part, whenever the State determines that such termination is in the best interest of the State. The State shall pay all reasonable costs associated with this Agreement that Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Agreement. The State may not reimburse Contractor 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, is governed by COMAR A(2). 12

26 8. Termination for Default If Contractor fails to fulfill its obligations under this Agreement properly and on time, or otherwise violates any provision of the Agreement, DLLR may terminate the Agreement written notice to Contractor. The notice must specify the acts or omissions relied on as cause for termination. All finished or unfinished supplies and services provided by Contractor shall, at the State's option, become the State's property. DLLR shall pay Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by Contractor's breach. If the damages are more than the compensation payable to Contractor, Contractor will remain liable after termination and the State can affirmatively collect damages. Termination hereunder, including the determination of the rights and obligations of the parties, is governed by COMAR B. 9. Cost and Price Certification By submitting cost or price information, Contractor certifies to the best of its knowledge that the information submitted is accurate, complete, and current as of (Price Quote Exhibit I). The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because Contractor furnished cost or price information which as of was inaccurate, incomplete, or not current. 10. Suspension of Work The Procurement Officer unilaterally, in writing, may order Contractor to suspend, delay, or interrupt all or part of its performance for such time period as the Procurement Officer determines is appropriate for the State s convenience. 11. Contingent Fee Prohibition 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, architect, or engineer, 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 employee or agent, any fee or any other consideration contingent on the making of this agreement. 12. Retention of Records Contractor shall retain and maintain all records and documents relating to this Contract for three years after final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the Procurement Officer or designees, at all reasonable times. 13. Compliance with Laws Contractor hereby represents and warrants that: 13

27 (a) It is qualified to do business in the State of Maryland and that it will take such action as, from time to time, may be necessary to remain so qualified; (b) It is not in arrears with respect to the payment of any monies due and owing the State of 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; (c) It shall comply with all Federal, State and local laws, regulations and ordinances applicable to its activities and obligations under this Contract; and (d) 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. 14. Non-Hiring of Officials and Employees No official or employee of the State of Maryland, as defined under State Government Article, , Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall during the pendency and term of this contract and while serving as an official or employee of the State become or be an employee of the contractor or any entity that is a subcontractor on this contract. 15. Non-Discrimination in Employment The Contractor agrees: (a) Not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or the physical or mental disability of a qualified individual with a disability; (a) To include a provision similar to that contained in subsection (a) above, and in any subcontract except a subcontract for standard commercial supplies or raw materials; and (b) To post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substances of this clause. 16. Financial Disclosure The Contractor shall comply with the provisions of Section of the State Finance and Procurement Article, Annotated Code of Maryland, which requires that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more, shall within 30 days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. 17. Political Contribution Disclosure The Contractor shall comply with Election Law Article, , Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other 14