Invitation for Bids

STATE OF MARYLAND

DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES

INVITATION FOR BIDS

FOR

Drawer Slides Maryland Correctional Enterprises

eMMA No. BPM 020351

ISSUE DATE: 711512020

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace Advantage (eMMA) https://emma.maryland.qov/ should register on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION. NOTICE TO \'ENDORS

In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. Ifyou have chosen not to respond to this Contract, please email or fax this completed form to the attention ofthe Procurement Officer (see Key Information Sheet below for contact information).

Title: Furniture Drawer Slides

Solicitation No: BPM 020351 l. Ifyou have chosen not to respond to this solicitation, please indicate the reason(s) below: ( ) Other commitments preclude our participation at this time. ( ) The subject ofthe solicitation is not something we ordinarily provide. ( ) We are inexperienced in the work/commodities required. ( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.) ( ) The scope ofwork is beyond our present capacity. ( ) Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS section.) ( ) We cannot be competitive. (Explain in REMARKS section.) ( ) Time allotted for completion ofthe Bid/Proposal is insufficient. ( ) Staft-up time is insufficient. ( ) Bonding/lnsurance requirements are restrictive. (Explain in REMARKS section.) ( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risk, . (Explain in REMARKS section.) ( ) MBE or VSBE requirements. (Explain in REMARKS section.) ( ) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.) ( ) Payment schedule too slow. ( ) Other:

2. lfyou have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.).

REMARKS:

Vendor Name: Date:

Contact Person: Phone (_) _ -

Address:

E-mail Address: STATE OF MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL Sf,RVICES

IFB KEY INFORMATION SUMMARY SHEET

Invitation For Bid: Furniture Drawer Slides for Marvland Correctional Enterprises

IFB Issue Date: 7/2012020

Solicitation No,: BPM 020351 Issuing Office: Maryland Correctional Enterprises Purchasing Department 7275 Waterloo Road Jessup, MD 20794

Procurement Officer: Louise Dotson (P) 4r0-540-s421 (F) 410-540-5580 f,mail: Dlmcc- Drocurement dDscsaa)maryland.gov

Bid Submittal: Via fax, Fed Ex, Hand Delivery, Email, UPS, or USPS to the Purchasing Dept. Oriqinals required nrior to award.

Bid Due Date and Time: 8120D020 @2:00 pm

Sample Submittal: **Must be sent and received prior to the bid opening**

Maryland Correctional Enterprises/ Jessup Correctional Institution Furniture Manufacturing Shop 7800 MD House of Correction Road Jessup, MD 20794 Attn: Rick Patti

Delivery Address: Maryland Correctional Enterprises 7275 Waterloo Road Jessup, MD 20794

SBRDesignated: No

ALL INQUIRIES PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED TO THE PROCUREMENT OFFICER IDENTIFIED ABOVE. SECTION 1 - GENERAL INFORMATION

I.1 OBJECTIVE The Maryland Department of Public Safety and Conectional Services/Maryland Correctional Enterprises (DPSCS/MCE) is soliciting bids to procure Fumiture Drawer Slides for a period of one (l ) year with a one (1) year renewal option. The Fumiture Drawer Slides will be delivered to the Maryland Correctional Enterprises, Fumiture Plant, Jessup Correctional Institution, 7800 MD House of Correction Road, Jessup, MD 20794; Maryland Correctional Enterprises, Fumiture Restoration Plant, Eastem Conectional Institution, 30420 Revells Neck Rd, Westover, MD 21890 & Maryland Correctional Enterprises, Fumiture Plant, Westem Correctional Institution, 13800 McMullen Hwy, SW. Cumberland. MD 21502.

1.2 BASIS OF AWARI) This procurement is being conducted undcr Small Procurement Regulations (Code of Maryland Regulation (COMAR) $21.05.07). The basis of the award shall be the most favorable evaluated bid price. Award is based on evaluated bid price, submitted sample, specifications, and delivery time. A bidder, either directly or through its subcontractor(s), must be able to provide all services and meet all ofthe requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain responsible for Contract performance regardless of subcontractor participation in the work. In the event of tie bids. the orovisions of COMAR 21.05.02.i4 shall determine the successful bidder.

1.3 AL INT'ORMATI

All bids, affidavits, and/or responses to attachments shall be submitted as indicated on the Key Information Sheet (near the beginning ofthe solicitation, after the Title Page and Notice to Vendors). Multiple or altemate bids will not be acceptable unless otherwise stated in the solicitation documents. 1.4 eMaryland MARKETPLACE ADVANTAGE

Each Bidder is requested to indicate its eMaryland Marketplace Advantage (eMMA) vendor number on the bid form at the time of its submission to this IFB. Registration on eMMA is free. eMMA is the electronic commerce system for the State of Maryland. The IFB, Conference summary and attendance sheet, Bidders' questions and the Procurement Officer's responses, addenda, and other solicitation-related iniormation will be made available via eMMA. https://emma.marvland. gov/ I.5 SCOPE OF CONTRACT

I .5.1 The estimated quantities represent an anticipated combined need for the above time frame and should not be construed as a fixed amount neither warranty nor guarantee by the State of Maryland for this contract period. 1.5.2 All contracts could be renewed for a period ofone (1) year by mutual consent of vendor and MCE.

1.5.3 Price Changes: All prices contained in the award as a result ofbid shall remain firm for a period of ninety (90) days from the effective date of the contract. No proposed price increase without bonafide documentation will be considered. A thirty (30) day notice for a price increase must be given in writing in order for a price increase to be considered. MCE reserves the right to accept or reject any request for a price increase. MCE reserves the right to terminate the contract for cause or due to non-perf,ormance by the vendor. In the event ofa price decrease, either by market changes or other conditions, MCE will be notified and receive the decrease.

1.5.4 Freight Charges: There are to be no freight or any other type of additional charges. The cost of shipping is to be included in the cost ofthe item being shipped. 1.5.5 The materials in the bid or proposal shall be delivered FOB destination. 1.5.6 Deliveries: Deliveries are to be made between the hours of 8:00 AM to 10:30 AM and./or l2:00 PM to 2:15 PM Monday thru Friday, except State and Federal holidays. The Plant Supervisor must be notified a day in advance in order to make arrangements; otherwise, the shipment may be refused.

1.5.7 A Slide Drawer sample of each size must be sent and received prior to the bid opening. Samples must be sent to: Maryland Correctional Enterprises, Jessup Conectional Institution, Furniture Shop, 7800 MD House of Correction Road, Jessup, MD 20794, Attn: Rick Patti. L5.8 Specifications: Product Ouantitv r Slide Drawer, 14" Full Extension 3,000 ST o Slide Drawer, 18" Full Extension 3,000 ST o Slide Drawer,20" Full Extension 6,000 ST . Drawer Slide Screws. #8 x %" 1.000/CN 150 CN

a. All Drawer Slides Full Extension. Side Mount. Lever Release Drawer Slides with Hardware. b. The slides must be equivalent to Knape & Vogt Manufacture Company, Part #KV8400 B (Anochrome)

c. Pair equals four (4) pieces and complete set of hardware to make the drawer operable. d. Precision Ball Full Extension load capacity: Steel bearings - 100 lbs/pr e. The recommended side space: +l/2", -0" f. 32mm Hole Spacing C. U.S. and /or European mounting h. Quit pin or hnger latch release i. Adjustment attaching tab j. Approximate Height: 1 %" I.6 INVOICING AND PAYMENTS

Contractor shall include the following information on all invoices; name ofcompany, address, including 9 digit zip code, FEIN number, a contact name and phone number (including toll free) for placing orders. Failure to do so may result in delay ofpayment. All invoices are to be submitted to the followins email address or address: [email protected] OrMail: Maryland Correctional Enterprises 7275 Waterloo Road Jessup, MD 20794

The Department is committed to providing solicitations that are readily and easily responded to. Ifyou choose not to respond to this solicitation, please fill out the form provided in this solicitation and email it to the Procurement Officer indicated in the key information sheet. We will review your responses and suggestions and try to incorporate them in our procedures. SECTION 2 - TERMS AND CONDITIONS

2.1 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and amendments thereto will be made a part of final Contract which will be in the form ofa blanket purchase order (BPO) or purchase order (PO). See Section 2.15. By submitting a bid in response to this solicitation, the Bidder, if selected for award as the Contractor, shall be deemed to have accepted all terms and conditions olthe solicitation and subsequent BPO/PO. 2.2 TAX EXEMPTION The Department is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transponation taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to fumish and install material in the construction or improvement ofreal property in performance ofa contract, the Contmctor shall pay the Maryland Sales Tax and the exemption does not apply. 2.3 DELIVERY AND ACCEPTANCE 2.3.1 Delivery shall be made in accordance with the solicitation specifications. The Department, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor's control. The Department unilaterally may order in writing the suspension, delay or intemrption of performance hereunder. 2.3.2 The Department 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. 2.3.3 The Depa(ment reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shail be liable for any excess price paid for the replacement, plus applicable expenses, ifany.

2.3.4 If the Contractor fails to make delivery in accordance with its quoted time frame, and the Department is required to obtain the needed goods or services on the open market, the Contractor shall be liable for any excess costs to the Departmcnt. 2.4 INTELLECTUAL PROPERTY Contractor agrees to indemnifr and save harmless the State, its officers, agents and employees with respect to any claim, action, cost orjudgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this Contract. 2.5 MARYLAND LAW PREVAILS The law of Maryland shall govem the interpretation and enforcement of this Contract. 2.6 CHANGES This Contract may be amended only with the written consent of both parties. Amendments may not significantly change the scope ofthe Contract (including the Contract price). 2.7 DISPUTES Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2,PartIIl, Annotated Code of Maryland, and by COMAR 21.10. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer. 2.8 TERMINATION FOR NON.APPROPRJATION If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination. 2.9 TERMINATION FOR DEFATJLT Ifthe Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Terminalion hereunder, including the determination ofthe rights and obligations ofthe parties, shall be governed by the provisions of COMAR 21.07.01.118. 2.IO TERMINATIONFORCONVENIENCE The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date ofthe termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination ofthe Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been eamed up to the date of termination. Termination hereunder, including the determination ofthe rights and obligations of the parties, shall be govemed by the provisions of COMAR 21 .0'7 .01 .l2A(2). 2.II NONDISCIMINATION The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law. 2.I2 ITEMS OF MERCURY CONTENT 'fhis solicitation provides for a price preference for products that are mercury free. The price preference shall not exceed 5 percent ofthe bid price for products that are mercury free or to products containing the least amount of mercury. 2.13 COMPLIANCE WITH LAWS The Contractor hereby represents and warrants that:

2.13.1 It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

2.13.2 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; 2.13.3 lt shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and 2.13.4 It shall obtain, at its expense, all licenses, permits, insurance, and govemmental approvals, if any, necessary to the performance of its obligations under this Contract. 2.13.5 The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19. Annotated Code of Maryland. 2,I4 BID AFF'IDAVIT Each bidder should execute and attach to the bid or proposal the affidavit included with this solicitation. 2.15 BLANKET PURCHASE ORDER (BPOY PURCHASE ORDER AS CONTRACT

2.1 5.1 This provision applies to all commodities or service contracts procured by the Department.

2.15.2 As used in this provision, a bid refers to a bid submitted under Small Procurement Regulations

2.15.3 As used in this provision, a bidder refers to a bidder under Small Procurement Regulations.

2.15.4 As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the Maryland Department of Public Safety & Correctional Services.

2.15.5 The bidder(s) execution and submission ola responsive bid constitutes a promise by the bidder to perlorm the contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period stated in the solicitation or for such longer period as the bidder and the Department may agree.

2.15.6 Upon acceptance ofa bid, the Procurement Officer may issue a Purchase Order (PO) and/ or Blanket Purchase Order (BPO), in a form to be determined by the Department, to the bidder accepting the bid and binding the bidder to a contract. The execution and issuance ofa PO and/ or BPO by the Procurement Officer, subject to all necessary approvals, shall constitute acceptance ofthe bid and final award ofthe contract. The contract ofthe parties will be embodied in the contract documents, which shall consist of the executed PO and/ or BPO ofthe Procurement Officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the PO and/ or BPO, the bid, or by operation of law, and the executed bid ofthe bidder. If the Procurement Officer issues a PO and/ or BPO, at the option ofthe Procurement Officer it will not be necessary for the bidder to execute the PO and / or BPO or any other form of contract or agreement. The Procurement Officer may require that the parties both execute a single document as the embodiment ofthe contract between the parties.

2.15.7 In the event ofa conflict between provisions of the contract documents, the controlling provisions shall be, in the following order, those ofi 2.15.7 .1 the PO and/ or BPO; then 2.15.7 .2 the solicitation; and then 2.15.7.3 the bid. 2.16 RXTURNED GOODS Contractor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contract requirements, and returned by the agency for reasons other than the Contractor's failure to meet contract requirements. Compensation shall be limited to actual unreimbursed costs incurred by the Contractor including, but not limited to, restocking charges, shipping charges, plus reasonable profit. Contractor must provide written proofof claimed compensation. A retum of goods covered by this section shall be deemed a partial termination for convenience as to the retumed goods, and other contract provisions and principles applicable to a partial termination lor convenience shall apply. 2.17 AIITI-BRIBERY The Contractor ce(ifies that, to the Contractor's best knowledge, neither the Contractor; nor (ifthe Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee ofthe Contractor who is directly involved in obtaining contracts with the Slate or with any county, city, or other subdivision of the State, has been convicted ofbribery, attempted bribery, or conspiracy to bribe under the laws ofany state or ofthe United States. 2.I8 REGISTRATION OF FOREIGN CORPORATIONS Pursuant to $7-201 et seq ofthe Corporations and Associations Article of the annotated Code of Maryland. Corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation,30l W. Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation. 2.I9 CONTINGENT FEE The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agency, any fee or other consideration contingent on the making of this agreement. 2.20 EPA COMPLIANCE Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of' 1972, where applicable. 2.21 OCCUPATTONAL SAFETY AND HEALTH ACT (O.S.H.A.) All materials, supplies, equipment, or services supplied as a result of this contact shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards. 2.22 PRE-EXISTING RECULATIONS The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date ofexecution of this contract are applicable to this contract. 2.23 INDEMNIFICATION The State shall not assume any obligation to indemnif.', hold harmless, or pay attomey's fees that may arise from or in any way be associated with the performance or operation of this agreement. 2.24 ADDITIONALQUANTITIES The State reserves the right to solicit separate bids if a particular quantity requirement arises which exceeds the State's normal requirements as provided in the solicitation or exceeds the amount specified in this Contract. 2.25 NEWMATERIALS All items shipped pursuant to this Purchase Order shall be new, never previously used, and the current model of the item unless specifically state otherwise in this contract. 2.26 ASSIGNMENT This Purchase Order and the monies which may become due hereunder are not assignable except with the prior written approval ofthe Procurement Officer.

l0 2.27 DRUG AND ALCOHOL FREE WORKPLACE

The contractor warrants that the contractor shall comply with COMAR 21 .I 1 .08 Drug and Alcohol Free Workplace, and that the contractor shall remain in compliance throughout the term ofthis Purchase Order. 2,28 COMMERCIALNONDISCRIMINATION POLICY 2.28.1 As a condition ofentering into this Purchase Order, Contractor represents and warrants that it will comply with the State's Commercial Nondiscrimination Policy, as described under State Finance and Procurement Article, Title 19, Annotated Code of Maryland. As part of this compliance, Contractor may not discriminate on the basis ofrace, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or disability or other unlav,'fiil forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances ofsuch discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawfirl efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation ofthis clause shall be considered a material breach of this Purchase Order and may result in termination ofthis Purchase Order, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is no enforceable bv or for the benefit of. and creates no obligation to, any third party.

2.28.2 The Contractor shall include the provision in Subsection A in all subcontracts to the State contract.

2.28.3 As a condition of entering into this Purchase Order, upon the request of the Maryland Commission on Human Relation, an only after the filing of a complaint against Contractor under State Finance and Procurement Article, Title i9, Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contract on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State's Commercial Nondiscrimination Policy as set forth under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this Purchase Order and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

THE REMAINDf,R OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

ll CONTRACTOR'S NAME:

CONTRACTOR'S FEDERAL ID NO.:

CONTRACTOR'S ADDRESS:

CONTACT PERSON'S NAME:

CONTRACTOR'S TELEPHONE NO, :

CONTRACTOR'S EMAIL ADDRESS:

CONTRACTOR'S MBE/ SBR NO.:

COMMODITY QUANTITY UNIT PRICE/EACH

14" SLIDE DRAWE& FULL EXTENSION 3,000 sT J

I8" SLIDE DRAWE& FULL EXTENSION 3,000 sr {

20" SLIDE DRAWER, FULL EXTENSION 6,000 sr $

DRAWER SLIDE SCREW, #8 X %' IOOO/CN 150 cN $

STATE FIRM DELIVERY DATE ARO:

This form is to be completed in its entirety without alterations, exceptions or additions.

Representing the above Compan; SIGNATURE*

Print Name & Title Date

*The person signing this Bid Sheet must be an Officer ofthe Company, authorized to contract on behalf ofthe Company or another authorized per"son whose proof of authority is hereby attached.

THE MARYLAND DEPARTMENT OF PT'BLIC SAFETY & CORRECTINAL SERVICES RESERVES THE RIGIIT TO REJECT ANY AND ALL BIDS IN WHOLE OR IN PART.

12 ATTACHMENT B_BID/ PRO AFFIDAVIT

A. AUTHORITY I herebv affirm that I. (name of affiant) am the (title) and duly authorized representative of (name ofbusiness entity) and that I possess the legal authority to make this alfidavit on behalfofthe business for which I am acting. B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correcr: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in $ I 9- 103 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 ofa vendor, subcontractor, or commercial customer on the basis ofrace, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual's refusal to submit to a genetic test or make available the results ofa genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/Offeror herewith submits a list ofall instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description ofthe status or resolution ofthat determination, including any remedial action taken. BidderiOfferor agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title l9 ofthe State finance and Procurement Article ofthe Annotated Code of Maryland. B-I. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES. The undersigned Bidder/Offeror hereby certifies and agrees that it has futly complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, $ 1a-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identifo a certified minority business enterprise in a Bid,/proposal and: (1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority bid/proposal; (2) Fail to notify the certified minority business enterprise before execution ofthe contract of its inclusion in the Bid/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/proposal. Without limiting any other provision ofthe solicitation on this project, it is understood that ifthe certification is false, such false certification constitutes grounds for the State to reiect the

IJ Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. 8.2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES. 'Ihe undersigned Bidder/Offeror hereby certilies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, $ l4-605, Annotated Code of Maryland, which provides that a person may not: (l) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in lraudulently 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,/proposal prelerence 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 l'raud is committed with the knowledge or consent ofthe person authorized or required to present the declaration, statement, or document; (4) Willfully and knowingly aid, assist in, procure, counsel, or advise the prepzrat'ion or presentation of a declaration, statement, or other document that is fraudulent or false as to any material maler, rcgardless ofwhether that falsity or fraud is committed with the knowledge or consent ofthe 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 21.11.13; or (6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of g B-2(1) -(5) of this regulation. C. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT; Neither I, nor to the best ofmy knowledge, information, and beliel the above business (as is defrned in Section l6-101(b) of the State Finance and Procurement Article ofthe 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 ofany other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition ofprobation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) ofperson(s) involved, and their current positions and responsibilities with the business):

14 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, paftners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has: ( I ) 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 ofrecords or receiving srolen property; (2) Been convicted ofany criminal violation of a state or federal antitrust statute; (3) Been convicted under the provisions of Title l8 ofthe United States Code lor violation ofthe Racketeer Influenced and Com:pt Organization Act, 18 U.S.C. $ 1961 et seq., or the Mail Fraud Act, 18 U.S.C. $ l34l et seq., for acts in comection with the submission of Bids/Proposals for a public or pnvate contract; (4) Been convicted ofa violation ofthe State Minority Business Enterprise Law, $ 14-308 ofthe State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of $ 1 I -205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland: (6) Been convicted ofconspiracy to commit any act or omission that would constitute gtounds 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/Proposals for a public or private contract; (8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; (9) Been convicted of a violation ofone or more ofthe following provisions ofthe Intemal Revenue Code: (a) $7201, Attempt to Evade or Defeat Tax; (b) $7203, Willlirl Failure to File Retum, Supply Information, or Pay Tax, (c) $7205, Fraudulent Withholding Exemption Certificate or Failue to Supply Information; (d) $7206, Fraud and False Statements, or (e) $7207 Fraudulent Retums, Statements, or Other Documents; (10) Been convicted of a violation of l8 U.S.C. $286 Conspiracy to Defraud the Govemment with Respect to Claims, l8 U.S.C. $287, False, Fictitious, or Fraudulent Claims, or l8 U.S.C. 9371, Conspiracy to Defraud the United States; (11) Been convicted ofa violation ofthe Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland; (12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:

ll (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure act; and (ii) Not overtumed on judicial reviewl (13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became hnal; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure act; and (ii) Not overturned on judicial review: ( l4) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure act; and (ii) Not overtumed on judicial reviewi or (15) Admitted in writing or under oath, during the course ofan 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)-(1a) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition ofprobation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) ofthe 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 ofpa(icipation) by any public entity, except as follows (list each debarment or suspension providing the dates ofthe suspension or debarment, the name ofthe public entity and the status of the proceedings, the

16 name(s) ofthe person(s) involved and their current positions and responsibilities with the busincss, the grounds ofthe debarment or suspension, and the details ofeach person's involvement in any activity that formed the grounds ofthe debarment or suspension).

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES I FURTHER AFFIRM THAT: (l) The business was not established and does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections I 6- 101, 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 ofa suspended or debarred business, except as fbllows (you must indicate the reasons why the affirmations cannot be grven without qualifi cation):

G. SUBCONTRACT 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: (l) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Bid/proposal that is being submitted; or (2) In any manner, directly or indirectly, entered into any agreement ofany kind to fix the Bid/proposal price ofthe Bidder/Offeror or ofany competitor, or otherwise taken any action in restraint offree competitive bidding in connection with the contract for which the accompanying Bid/proposal 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 retums and reports with the Comptroller of the Treasury, State Department of Assessments and Taxation, and 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:

17 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 comrnercial 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, $17-705, 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, $17-702, Annotated Code of Maryland; and (b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, $17-702, Annotated Code of Maryland. (2) The undersigned is unable to make the above certification regarding its investment activities in Iran due to the followins activities:

L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND SERVICES CONTRACTS) I FURTHERAFFIRM THAT: The business has complied with the provisions of State Finance and Procurement Article, $14-413, Annotated Code of Maryland goveming proper disclosure of certain information regarding conflict minerals originating in the Democratic Republic ofCongo or its neighboring countries as required by federal law. M. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL I FURTHER AFFIRM THAT: In preparing its bid-/proposal on this project, the BidderiOfferor has considered all bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicilation, selection, or commercial treatment ofany subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The Bidder/Offeror also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bid,/proposals for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the bid,/proposal. N. I FURTHERAFFIRM THAT: Any claims of environmental attributes made relating to a product or service included in the bid or bid/proposal are consistent with the Federal Trade Commission's Guides for the Use of Environmental Marketing Claims as provided in l6 C.F.R. $260, that apply to claims about the environmental attributes ofa product, package or service in connection with the marketing, offering for sale, or sale of such item or service.

l8 O. ACKNOWLEDGEMENT I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (l) the State of Maryland; (2) counties or other subdivisions ofthe State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Aflidavit is subject to applicable laws ofthe 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/proposal shall be construed to supersede, amend, modiSr or waive, on behalfofthe State of Maryland, or any unit ofthe State of Maryland having jurisdiction, the exercise of any statutory right or remedy confened 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 IJNDER THE PENALTIES OF PEzuURY THAT THE CONTENTS OF THIS ATFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF, BY: Signature of Authorized Representative and Afiiant Printed Name: Printed Name ofAuthorized Representative and Afiiant Title: Tirle Date: Date

19 By signing this page, the Bidder agrces thm he or she has read SECfiON 2 and aooepts the terms there within:

Date:

By: @rint name of Authorized Representative and Affiant)

(signature of Authorized Rcpresentativc and Affiant)

20 ATTACHMENT D - SIGNATURE GUIDELII\ES

OFFICIAL DOCT]MENT

TYPE OF LEGAL PROOF WHO MUST SIGN TYPE OF ENTITY REQUIRED

CorFnration or Profcssional Service NO PROOF NEEDED IF IF SIGNED BY SOMEONE ELSE, Corpomtion SICNED BY: ENTITY MUST PROVIDE:

("Co.", "Corp. ", "Inc.", The Chairman or vice chairman of Corporate By-Laws, Anicles of Incorporation. or a Corporate Resolution " Ltd. ", " Chartered ", "Chld. ", the board ofdirectors. thc chief 'P.A.", " Professiorul evidencing the authority ofthe person executive omcer, ksociation",'P.C.", chief operating signing for the cntity. oflicer, prcsident, or any vice " P roks s ional C orpolali oh ") president AND is Witnessed or Attested by the sccretary.

Panncrships NO PROOF NEEDED IF IF SICNED BY SOMEONE ELSE, SIGNED BY: ENTITY MUST PROVIDE:

Any Partn$ signing in his,/her Statement of Partnership Authoriry capacity as an agent ofthe Pannership.

Limited Paftrclships NO PRUOT. NEEL}ED IT. IF SIGNHD BY SOMEONE ELSE, SIGNED BY: ENTIry MUST PROVIDE.

('1.P. "\ Any General Pa(ner signing in Certificate of Limited Parlnership hiYher capacity as an agent ofthe Limited Partnership. Limited Liability ty Company PROOF EN II-I'Y MUS'I' PROVIDE: AI,WAYS (" L.L.C. " or "1,.C.') NEEDED Operating Agreement ofthe LLC

Religious Corporations PROOI EN'IIIY MUS I PROVIDE: and Churchc AI,WAYS NEEDED Anicles of Incorporation, By-Laws or Colporate Resolution

Limited Liability I'Jartnershi p and PROU}. ENIIIY MUSI PROVIDE: Lirnited Liability Limited ALWAYS Paftnerships NEEDED Certificate of Limited Liability Partnership and Pannership Agreement or Statement of ('L.L.P." or " L.L.L.P. ") Partnership Authority

Note: this chart does not cover unincomorated associations.