OFFICE OF PROCUREMENT AND CONTRACTING INVITATION FOR BID #15-05 PRODUCTION, PRINTING, AND DISTRIBUTION OF SCHEDULES OF CLASSES

Transcription

1 OFFICE OF PROCUREMENT AND CONTRACTING INVITATION FOR BID #15-05 PRODUCTION, PRINTING, AND DISTRIBUTION OF SCHEDULES OF CLASSES Issue Date: March 4, 2015 PROPOSAL DUE DATE: PROCUREMENT / ISSUING PROGRAM MANAGEMENT: March 26, 2015 TIME: 10:00 A.M. Prince George s Community College Office of Procurement and Contracting 301 Largo Road Kent Hall Rm. 264 Largo, Maryland Prince George s Community College Office of Procurement and Contracting 301 Largo Road Kent Hall Rm. 264 Largo, Maryland Prince George s Community College Office of Marketing and Creative Services 301 Largo Road Kent Hall, Room 236 Largo, Maryland PROCUREMENT OFFICER: Mary Browning, Senior Buyer (301) / brownimf@pgcc.edu DEADLINE FOR QUESTIONS: 12 NOON, MARCH 11, 2015 RESPONSE DATE FOR QUESTIONS: COB, MARCH 18, 2015

2 Prince George s Community College IFB NOTE: ALL ADDENDA CAN BE ACCESSED AT For all inquiries contact: brownifm@pgcc.edu * * * * PROPOSALS MUST BE MAILED OR HAND DELIVERED TO THE ADDRESS SHOWN ABOVE, NO LATER THAN THE ANNOUNCED DATE AND TIME OF CLOSING. PROPOSALS SENT BY FACSIMILE OR WILL NOT BE ACCEPTED. 2

3 Prince George s Community College IFB INVITATION FOR BID #15-05 PRODUCTION, PRINTING, AND DISTRIBUTION OF SCHEDULES OF CLASSES TABLE OF CONTENTS Invitation for Bid 4 Non-Discrimination in Procurement 6 Statement of Work 7 Bid Form 14 Conflict of Interest Affidavit and Disclosure Form 16 Bid/Proposal Affidavit 19 Mandatory Procurement Contract Provisions 23 MBE Participation Provisions 26 MBE Utilization Affidavit 30 MBE Participation Schedule 31 Reference Sheet 33 Instructions and Regulations for Bidding and 34 3

4 Prince George s Community College IFB INVITATION FOR BID #15-05 The Board of Trustees of PRINCE GEORGE S COMMUNITY COLLEGE invites sealed proposals to IFB #15-05, "PRODUCTION, PRINTING, AND DISTRIBUTION OF SCHEDULES OF CLASSES ", as hereinafter set forth. Sealed, hard proposals (one original and one copy) will be received by person or by mail delivery in the Office of Procurement and Contracting, Kent Hall, Room 264, Prince George s Community College, 301 Largo Road, Largo, Maryland, until 10:00 A.M., March 26, 2015, and at that time will be publicly opened. Late proposals will not be accepted. If the college is closed, the proposals will be accepted on the next day that the college is open for business. The Board of Trustees may consider informal any proposal not prepared and submitted in accordance with the stated provisions and may waive any informalities in, or reject any or all proposals. In the event the college determines that it is in the best interests of the college to make changes in the specifications or quantities, after the proposal opening, but prior to award, the college reserves the right, prior to award, to negotiate such changes with the qualified responsive bidder submitting the low offer and to award a contract incorporating such agreed upon changes to that bidder. All proposal prices shall hold for a period of SIXTY (60) DAYS AFTER THE PROPOSAL OPENING. AWARD The college reserves the right to make an award by aggregate bid, or to award separate contracts for each or any of the items bid, subject to the availability of funds, to reject any or all bids, accept any part and reject the other part as best serves the interests of the college. The contract shall be awarded to the lowest responsive and responsible bidder, who conforms to the specifications, with consideration given to: (i) The quantities involved; (ii) The time required for delivery; (iii) The purpose for which required; (iv) The competence and responsibility of the bidder; and (v) The ability of the bidder to perform the contract satisfactorily. 4

5 Prince George s Community College IFB OTHER REQUIREMENTS Bidders are required to submit one (1) original and one (1) copy of their proposal in sealed envelopes bearing the Invitation for Bid number and title and the Name and Address of the bidder on the outside of the envelope. A properly completed and executed Bid/Proposal Affidavit and Conflict of Interest Affidavit and Disclosure form must accompany the proposal. Failure to do so may deem bid nonresponsive. Communications should be directed to the Office of Procurement and Contracting by to brownimf@pgcc.edu no later than 12:00 noon, March 11, 2015 NOTE: All questions must be submitted in written form. Only written communications relative to this procurement shall be considered. No oral communications can be relied upon for bid purposes. To the extent that a question causes a change to any part of the Request for Quotation, an amendment shall be issued addressing such. Bidders are advised that the College reserves the right to use its best judgment in choosing to respond or not respond to any question received after the above stated cut-off date for questions. PRINCE GEORGE S COMMUNITY COLLEGE IS A SMOKE FREE ENVIRONMENT. SMOKING IS NOT PERMITTED IN AY BUILDING OR IN ANY COLLEGE VEHICLE. 5

6 Prince George s Community College IFB NON-DISCRIMINATION IN PROCUREMENT The Board of Trustees is committed to a policy of non-discrimination and equal opportunity in all procurement activities, to the end that college purchases and contracts shall be solicited and entered into without regard to the race, color, religion, sex, marital status, age, handicap or national origin or status as a Vietnam War veteran, qualified disabled veteran, or qualified individual with a disability, of any bidder, prospective bidder, vendor or contractor. Minority Business Enterprises are encouraged to participate in this solicitation, and Local Businesses within Prince George s County are highly encouraged to participate in this solicitation. MINORITY BUSINESS ENTERPRISE YES NO CERTIFICATION # The College has established a MBE goal for this project, with mandatory 25% MBE participation. It is the policy of Prince George s Community College to encourage minority business and local business to provide goods and services for the performance of College functions. Minority business include non-profit entities organized to promote the interest of handicapped persons and firms that are 51% owned and controlled by a member(s) of socially or economically disadvantaged minority groups, which include African Americans, Hispanics, Native Americans, Alaska Natives, Asian, Pacific Islanders, women and the mentally or physically disabled. The contractor is required to demonstrate that mandatory minimum of 25% of the subcontractors and/or vendors anticipate to be retained by the contractor for the College s projects are minority firms. 6

7 Prince George s Community College IFB SCOPE STATEMENT OF WORK IFB #15-05 PRODUCTION, PRINTING, AND DISTRIBUTION OF SCHEDULES OF CLASSES Prince George s Community College (PGCC) seeks a contractor(s) to produce, print, and distribute Schedules of Classes beginning July 1, 2015 and ending June 30, 2016, with an option to renew the contract for FY17. Since one of the seven schedules of classes is currently in production, the total number of schedules of classes needed for off-campus production for FY16 will be six, with a need for seven in FY17. The schedules of classes are used by the college to inform PGCC students, employees, and the Prince George s County community of the number of classes, courses, programs, and services offered during fall, winter, spring, and summer sessions; therefore, adhering to a timeline for each schedule of classes is crucial. The final products must meet industry standards for quality, as determined by the Office of Marketing and Creative Services (MCS). If the work is unacceptable, the Bidder will be held financially responsible. The following three sections address the scope of work for design/production, printing, and distribution. 1. Production of Schedules of Classes It is essential that the schedules of classes be produced on-time as students and the community rely on the publication to register for classes each semester and learn about course offerings and college services. Production work includes, but is not limited to: Successful flowing of large XML data files containing content for schedules of classes from the college s Colleague system (an Ellucian database product) Graphic design and layout (in an established template) of the content, which includes photography, advertisements, and other artwork Five rounds of proofreading cycles between PGCC and Bidder, if necessary File preparation for printing Web-ready PDF with specified hyperlinks (Credit and Noncredit) Send final file to printer (for Noncredit only) Specifications for the schedules of classes are listed in the next section under Printing of Schedules of Classes. There are two primary formats for the schedules of classes one pre-established format for the Noncredit schedule (produced four times a year) and another pre-established format for the Credit schedules, (produced three times a year). Examples of the formats are available at During the production process, a member of the college s MCS staff will serve as the primary liaison between the production Bidder and the content editors. Once deadlines have been established, the Bidder shall create and distribute detailed production timelines containing intermediate deadlines and approval dates for all schedules to relevant content owners with prior MCS approval. 7

8 Prince George s Community College IFB The Bidder must able to use electronic files such as an Adobe Acrobat 10 Pro PDF file (according to PDF presets provided by the printer) via . XML data files will be sent via , while the content editing process shall take place via Adobe InCopy CS6 (or higher) or another Bidder-established electronic workflow system. PDF proofs are requested for text and cover. Color proof of cover, color-calibrated to press specifications, is requested. The Bidder will provide web-ready PDFs for all schedules to be posted to the college s website by the college with appropriate hyperlinks activated as detailed after award of the contract. Bidder must establish that they possess all software necessary to process graphic design files received from the college (Adobe Creative Suite 6 or higher). Bidder must inform the college if subcontracting is necessary for any job, and the college must approve of the subcontractor(s) with no additional subcontractor billing to the college. The Bidder will adhere to college style guidelines and checklists established after award of the contract. The Bidder will be responsible for making content changes and format updates when necessary as requested. Final files shall be made available to the college to download for archival purposes. All discs, plates, photos, etc., which are prepared by the selected Bidder and form a part of its services are the property of Prince George s Community College. The information must not be available to any third parties without the express written consent of Prince George s Community College. Listed below is the Proposed Timeline for Production of Schedules of Classes for FY16 (7/1/15-6/30/16). FY17 (7/1/16-6/30/17) Production Timelines are yet to be finalized. Noncredit WINTER Convert XML to MSWord for content review June/July 2015 Final XML sent to Bidder July 20, 2015 Bidder opens InCopy assignments for PGCC July 29, 2015 Complete proofreading cycles September 18, 2015 Send final file to printer September 21, 2015 Delivery to college and post office Week of October 5, 2015 Noncredit SPRING 2016 Convert XML to MSWord for content review August/September 2015 Final XML sent to Bidder August 3, 2015 Bidder opens InCopy assignments for PGCC October 12, 2015 Complete proofreading cycles December 11, 2015 Send final file to printer December 14, 2015 Delivery to college and post office Week of January 4, 2015 Noncredit SUMMER 2016 Convert XML to MSWord for content review December 2015 Final XML sent to Bidder January 11, 2015 Bidder opens InCopy assignments for PGCC January 20, 2015 Complete proofreading cycles March 11, 2015 Send final file to printer March 14, 2015 Delivery to college and post office Week of April 4, 2016 Noncredit FALL 2016 Convert XML to MSWord for content review April 2015 Final XML sent to Bidder May 9, 2015 Bidder opens InCopy assignments for PGCC May 18, 2015 Complete proofreading cycles July 11,

9 Prince George s Community College IFB Send final file to printer July 18, 2015 Delivery to college and post office August 1, 2016 Credit SPRING 2016 First XML files sent to Bidder September 15, 2015 First XML in MSWord returned to PGCC September 17, 2015 (48 hour turn) Final XML sent to Bidder September 23, 2015 Bidder opens InCopy assignments for PGCC September 24, 2015 Complete proofreading cycles October 23, 2015 Final Web-ready PDF sent to PGCC October 28, 2015 Credit SUMMER 2016 First XML files sent to Bidder February 8, 2016 First XML in MSWord returned to PGCC February 10, 2016 (48 hour turn) Final XML sent to Bidder February 15, 2016 Bidder opens InCopy assignments for PGCC February 22, 2016 Complete proofreading cycles March 21, 2016 Final Web-ready PDF sent to PGCC March 24, 2016 Credit FALL 2016 First XML files sent to Bidder February 22, 2016 First XML in MSWord returned to PGCC February 24, 2016 (48 hour turn) Final XML sent to Bidder February 28, 2016 Bidder opens InCopy assignments for PGCC March 9, 2016 Complete proofreading cycles April 5, 2016 Final Web-ready PDF sent to PGCC April 10, 2016 Note: For FY16, the college will be closed from December 19, 2015 through January 3, 2016 for Winter Break and March 21-27, 2016 for Spring Break. No deliveries will be accepted during these periods. The College will also be closed during FY17 for Winter and Spring breaks, and these date are TBD. The College s Warehouse is open Monday-Friday, 8:30 a.m. 12 p.m. All deliveries must arrive during these hours. 2. Printing of Schedules of Classes The college is seeking a Bidder to print four Noncredit schedules of classes. Specifically, printing services are needed for the four noncredit schedules. Specifications of schedules are listed below. The college will consider a slight alteration to the final size listed below for the schedules of classes. Electronic files of the publication will be provided to the print Bidder. If the college secures a Bidder for production of the schedules of classes, the file will be provided to the printer and PGCC from the production Bidder. The print Bidder should be able to use electronic files such as an Adobe Acrobat 10 Pro (or higher) PDF file (according to PDF presets provided by the printer) via . Bidder will provide FTP login information for uploading files or other electronic transfer vehicle (Dropbox or other online/cloud server). Bidder must establish that they possess all software necessary to process graphic design files received from the college: i.e. Adobe Creative Suite 6 or higher. Bidder must inform the college if subcontracting is necessary for any job and the college must approve of the subcontractor(s) with no additional subcontractor billing to the college. All discs, plates, photos, etc., which are prepared by the selected Bidder and form a part of its services are the property of PGCC. The information must not be available to any third parties without the express written consent of Prince George s Community College. 9

10 Prince George s Community College IFB Digital bluelines are requested for text and cover. Color proof of cover, color-calibrated to press specifications, is requested. The college reserves the right to be present at the time of the press run to approve samples. Schedules delivered to the college warehouse will be tied in bundles of 50, packed onto wooden skids, weather-proofed (shrink-wrapped skids) and bound with steel bands. Publications delivered to the college must be boxed or banded and not palletized. All excess schedules of classes are the property of PGCC and must be returned to the college within one (1) week after the completion of distribution. Specifications for Noncredit Schedule of Classes The following specifications apply to the following schedules: Noncredit Fall 2015 Noncredit Winter Noncredit Spring 2016 Noncredit Summer 2016 Flat Size 17-inches (width) x 11-inches (height) Finished Size 8.5-inches (width) x 11-inches (height) Image Area Full bleeds on covers Cl, C2, C3 and C4; Full bleeds on text Pages 116 pages total (112 pages plus 4-page cover), with an option for reduction or additional pages in increments of 4 pages. Cover 70# Coated Cover, White Text 35# Premium Newsprint, Bright White Cover Ink 4/4, Heavy coverage on all covers (Cl, C2, C3, C4) Text Ink 2/2, Cyan + Black Binding Fold to 8.5-inches (width) x 11-inches (height) and saddle stitch. Note: If page count is such that saddle-stitching is insufficient for properly binding, Bidder should recommend and provide pricing for alternative binding method. Quantity Printing of 252,000 total copies per noncredit schedule with an option to reduce or increase copies in increments of 1,000 copies. Previous issues have had no less than 88 interior pages and no more than 112 interior pages + color cover. The college reserves the right to adjust quantities as deemed necessary. Delivery 240,000 copies delivered to U.S. Postal Service and 12,000 copies delivered to the PGCC Central Receiving Warehouse, Prince George's Community College, 301 Largo Road, Largo, MD between 8.30 a.m. and 12 p.m. The warehouse is closed for 10

11 Prince George s Community College IFB deliveries after 12 p.m. Printing Timeline for Noncredit Schedule of Classes Noncredit WINTER File released to printer September 21, 2015 Print or digital proof delivered September 23, 2015 Deliver to college October 5, 2015 Distribution to county residents October 5, 2015 Noncredit SPRING 2016 File released to printer December 14, 2015 Printer proof delivered December 16, 2015 Deliver to college January 4, 2016 Distribution to county residents January 4, 2016 Noncredit SUMMER 2016 File released to printer March 14, 2016 Printer proof delivered March 16, 2014 Deliver to college April 4, 2014 Distribution to county resident April 4, 2014 Noncredit FALL 2016 File released to printer July 14, 2016 Print or digital proof delivered July 16, 2016 Deliver to college August 1, 2016 Distribution to county residents August 1, 2016 Note: College closed from December 19, 2015 through January 3, 2016 for Winter Break and March 21-27, 2016 for Spring Break. No deliveries will be accepted during these periods. Warehouse is open Monday-Friday, 8:30 a.m. noon. All deliveries must arrive during these hours. 3. Distribution (Mailing) of Noncredit Schedules of Classes The college seeks a Bidder to distribute the four noncredit schedules of classes via U.S. Postal Service. It is possible that the Bidder selected for printing may also be the same Bidder selected for production and/or distribution. a) The quantity of each of the four noncredit schedules of classes to be mailed is 252,000 (with the additional 12,000 delivered to the campus). Bidders are to include an option for Simplified Address mailing (residential customers only) of the schedules of classes. For this option, the schedules must be delivered through Upper Marlboro, Maryland P o st Office to Southern Maryland Sectional Facility in Capitol Heights, MD. Bidder must follow all postal rate regulations required for mailing SCF Discount Rate (Saturation, Non-profit) or postal rate considered most cost-efficient to the college (with approval of the college) in case of subsequent rate changes. PROPOSAL MUST INCLUDE ALL COSTS NECESSARY FOR OBTAINING SCF DISCOUNT (i.e., trucking charges), IF ANY. Bids for mailing through locations other than the Upper Marlboro Post Office will be disqualified, especially where obtaining the necessary permits would delay the ability of the college to receive the SCF discount or other postage discounts. Bidder shall follow all DMM regulations and is responsible for 11

12 Prince George s Community College IFB keeping the college informed of all post rate and postal regulation changes, or other updated information pertinent to this bid. Bidder is responsible for using up-to-date, accurate ZIP code quantity listing and is required to resolve any subsequent problems resulting from improper quantities arriving at the post office. Bidder will respond in a timely manner to requests made by the college for ZIP code quantity listing or other research date needed for future cost efficiencies. b) Bidder shall provide a USPO 3602 form for each mailing, referencing the college purchase order number and the schedule title to the Office of Procurement and Contracting. c) Bidder will be assessed a penalty of $ per day for each calendar day that delivery to the post office, sectional center facility, or to the college, as specified is late. Calendar days include legal holidays. d) Schedules delivered to the college warehouse will be tied in bundles of 50, packed onto wooden skids and bound with steel bands. e) In the event that incorrect quantities are delivered to the college warehouse or the post office, the Bidder will be required to pick up and deliver schedules to either location at no additional cost to the college. Packaging 1. Schedules delivered to the college warehouse will be tied in bundles of 50, packed onto wooden skids, weather-proofed, and bound with steel bands. 2. Publications delivered to the college must be boxed or banded and not palletized. 3. All excess schedules of classes are the property of Prince George's Community College and must be returned to the college within one (1) week after the completion of distribution. Distribution Performance Qualifications 1. Bidder must demonstrate that they have the ability, expertise, and the equipment necessary to perform the distribution services as specified in the bid documents. 2. Bidder must adhere to all distribution timelines provided. DELIVERABLES ed proposals will not be accepted. Bidders will submit hand-delivered or mailed hard copy proposals (1 original and 1 copy) directly to the college s Office of Procurement and Contracting no later than 10 a.m. on March 26, 2015 to the address below: Prince George s Community College Office of Procurement and Contracting Attn: Mary Browning, Senior Buyer 301 Largo Road Room 264 Largo, MD Proposals should address each of the three areas listed in the Scope of Work, and include costs for both FY16 and FY17. Proposals also should include five primary segments overview of the company; description of capabilities, technology, and equipment; detailed description of how you would address our production, printing, and distribution needs for the schedules of classes; 12

13 Prince George s Community College IFB timeframe during which you are suggesting the production, printing, and distribution take place to meet our needs; itemized list of costs and total costs associated with each component; and a list of at least three references including name, company, address, telephone number, and address. In addition, proposals should include the following forms, as attached within this solicitation: a. Bid Form b. Conflict of Interest Affidavit and Disclosure Form c. Bid/Proposal Affidavit d. MBE Utilization Affidavit e. MBE Participation Schedule f. Reference Sheet Samples of production, printing, and distribution work should accompany the proposal. Complete contact information for a minimum of two people should be included, such as the contact s name, title, organization name, direct telephone number, and address. Hard copy samples of previous PGCC schedules are available by request only until 10 am March 18, Please send your request to the attention of Mary Browning at brownimf@pgcc.edu. BID SUMBISSION TIMELINE Public posting of PGCC FY14 Schedules of Classes announcement March 4, 2015 Questions from Bidders due (by 12 noon) March 11, 2015 Responses due back to bidders (by Close of Business) March 18, 2015 Submission deadline for proposals (NLT 10 a.m.) March 26, 2015 (Bid Opening immediately following Kent Hall, Rm 262) Finalize selection of Bidder April 18, 2015 Submission for approval to Board of Trustees May 14, 2015 Communication to selected Bidder May 18, 2015 QUESTIONS All questions should be ed no later than 12 noon on March 11, 2015 to Mary Browning at brownimf@pgcc.edu. 13

14 Prince George s Community College IFB BID FORM Costs for FY16 and FY17 FY16 TASKS COST PER PUBLICATION Layout/Production of Credit and Noncredit Schedules Credit Schedules Fall 2015 Spring 2016 Summer 2016 SUBTOTAL - Credit Schedules $ Noncredit Schedules Winter 2015/16 Spring 2016 Summer 2016 SUBTOTAL - Noncredit Schedules $ Printing of Noncredit Schedules (116 pages) Noncredit Schedules Winter 2015/16 Spring 2016 Summer 2016 SUBTOTAL Printing $ Distribution/Mail/Delivery of Noncredit Schedules Winter Noncredit Schedule 2015/16 Spring Noncredit Schedule 2016 Summer Noncredit Schedule 2016 SUBTOTAL Distribution/Mail/Delivery $ TOTAL COSTS FOR FY16 $ 14

15 Prince George s Community College IFB FY17 TASKS COST PER PUBLICATION Layout/Production of Credit and Noncredit Schedules Credit Schedules Fall 2016 Spring 2017 Summer 2017 SUBTOTAL - Credit Schedules $ Noncredit Schedules Fall 2016 Winter 2016/17 Spring 2017 Summer 2017 SUBTOTAL - Noncredit Schedules $ Printing of Noncredit Schedules (116 pages) Noncredit Schedules Fall 2016 Winter 2016/17 Spring 2017 Summer 2017 SUBTOTAL Printing $ Distribution/Mail/Delivery of Noncredit Schedules Fall Noncredit Schedule 2016 Winter Noncredit Schedule 2016/17 Spring Noncredit Schedule 2017 Summer Noncredit Schedule 2017 SUBTOTAL Distribution/Mail/Delivery $ TOTAL COSTS FOR FY17 $ 15

16 Prince George s Community College IFB CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE FORM Note: In addition to Addendum #1 of the Instructions and Regulations for Bidding, the attached documents are to be fully executed and submitted with all proposals not later than 10:00 a.m., March 26, 2015 to the Office of Procurement and Contracting, Kent Hall, Room 264, 301 Largo Road, Largo, Maryland, , Attention: Mary Browning. 16

17 Prince George s Community College IFB CONFLICT OF INTEREST INFORMATION A. Each solicitation that will result in the selection of a Vendor who will assist a unit in the formation, evaluation, selection, award, or execution of a State contract shall provide notice of the requirement of this regulation. B. "Conflict of interest" means that, because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. C. "Person" has the meaning stated in COMAR B (64) and includes a Bidder, offeror, contractor, consultant or subcontactor or sub consultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made. D. If the Procurement Officer makes a determination prior to award that facts or circumstances exist giving rise or which could in the future give rise to a conflict in interest, the procurement officer may reject a bid or offer under COMAR B. E. After award the State may terminate the contract, in whole or in part, if it deems such termination necessary to avoid an actual or potential conflict of interest. If the Vendor knew or reasonably could have been expected to know of an actual or potential conflict of interest prior to or after award and did not disclose it or misrepresented relevant information to the Procurement Officer, the State may terminate the contract for default, institute proceedings to debar the Bidder from further State contracts, or pursue such other remedies as may be permitted by law or the contract. F. A conflict of interest may be waived if the Procurement Officer, with approval of the agency head or designee, determines that waiver is in the best interest of the State. The determination shall state the reasons for the waiver and any controls that avoid, mitigate, or neutralize the conflict of interest. G. Each bidder or offeror responding to a solicitation that will result in the selection of a Vendor who will assist a unit in the formation, evaluation, selection, award, or execution of another State contract shall provide the affidavit and disclosures set forth in Subsection H of this regulation to the Procurement Officer with the bid or offer and such other times as may be required by the Procurement Officer. H. The affidavits and disclosures required by Subsection G of this regulation shall be in substantially the same form as follows: 17

18 Prince George s Community College IFB CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. B. "Person" has the meaning stated in COMAR B (64) and includes a bidder, offeror, contractor, consultant, or subcontractor or sub consultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made. C. The Vendor or offeror warrants that, except as disclosed in D below, there are no relevant facts or circumstances now giving rise or which could, in the future, give rise to a conflict of interest. D. The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explains in detail--attach sheets if necessary): E. The bidder or offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder or offeror will immediately make a full disclosure in writing to the Procurement Officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder or offeror has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Vendor shall continue performance until notified by the Procurement Officer of any contrary action to be taken. 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 of Authorized Representative and Affiant) Printed Name: Title: Federal Employer Identification Number (FEIN): 18

19 Prince George s Community College IFB BID/PROPOSAL AFFIDAVIT A. Authority I HEREBY AFFIRM THAT: I (print name) possess the legal authority to make this Affidavit. 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. 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. 19

20 Prince George s Community College IFB 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):. 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 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). 20

21 Prince George s Community College IFB 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: 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. 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 activities in Iran due to the following activities: L. 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. 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 21

22 Prince George s Community College IFB (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) 22

23 Prince George s Community College IFB PRINCE GEORGE S COMMUNITY COLLEGE MANDATORY PROCUREMENT CONTRACT PROVISIONS The following clauses are incorporated by reference within each solicitation, purchase order and contract for the procurement of materials, equipment, supplies or services entered into by the Board of Trustees of Prince George s Community College (the college ), except to the extent, if any, that the college specifies that any particular clause is inapplicable..01. Incorporation by Reference. All terms and conditions of the solicitation, and any amendments thereto, are made a part of this contract..02. Tax Exemption. The college 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..03. Specifications. All materials, equipment, supplies or services shall conform to federal and state laws and regulations and to the specifications contained in the solicitation..04. Delivery and Acceptance. Delivery shall be made in accordance with the solicitation specifications. The college, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the contractor s control. The college unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The college reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The 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 college 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..05. Non-Hiring of Employees. No employee of the college or the state or any department, commission, agency or branch thereof whose duties as such employee include matters relating to or affecting the subject matter of this contract shall, while so employed, become or be the employee of the party or parties hereby contracting with the college..06. Nondiscrimination in Employment. The Contractor agrees 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 physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment and to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause..07 Financial Disclosure. Contractors providing materials, equipment, supplies or services to the college, which is deemed an agency of the State for this purpose, herewith agree to comply with the State Finance Procurement Article, Sec , Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State and receives in the aggregate $100,000 or more during a calendar year shall, within 30 days of the time when the $100,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business. 23