STATE OF MARYLAND
DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES
INVITATION FOR BIDS
FOR
Reflective Validation Sheeting for Maryland Correctional Enterprises
eMM No. MDQ003I 042561
ISSUE DATE: 111112019
MINORITY BUSINf,SS f,NTERPRISES ARE ENCOURAGED TO RESPOND TO THIS SOLICITATION NOTICE TO VENDORS
In order to help us improve the quality of State solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please retum your comments with your response. [fyou have chosen not to respond to tlris Contract, please email or fax this completed form to the attention ofthe Procurement Officer (see Key Infonnation Sheet below for contact information).
Title: Reflective Validation Sheeting for Maryland Correctional Enterprises
Solicitation No: MDQ 003104256f
L Ifyou have chosen not to respond to this solicitation, please indicate the reason(s) below: ) Other corr.rmitmemts 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 RIMARKS section.) ( ) The scope ofwork is beyond our present capacity. ( ) Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS secuon.) ( ) We cannot be competitive. (Explain in REMARKS section.) ( ) Time allotted for completion of the Bid/proposal is insufficient. ( ) Start-up time is insufficierrt. ( ) Bonding/lnsurance requirements are restrictive. (Explain in REMARKS section.) ( ) BidiProposal requirements (other than specificationsj -e un.eusonable or too risky. (Explain in REMARKS section.) ( ) MBE or VSBE requirements. (Explain in REMARKS section.) ( ) Prior Slate of Maryland contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.) ( ) Payment schedule too slow. ( ) Other:
lfyou have 2' submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as ni-ded.).
REMARKS:
Vendor Name: Date:
Contact Person: Phone ( ) Address:
E-mail Address:
sP 07.2017 STATE OF MARYLAND DEPARTMENT OF PUBLIC SAFETY & CORR,f,CTIONAL SERVICES
IFB KEY INFORMATION SUMMARY SHEET
Invitation For Bid: Reflective Validation Sheeting for Maryland Correctional Enterprises
IFB lssue Date: tltll2Dlg
Solicitation No.: MDQ 0031042561
Issuing Office: Maryland Correctional Enterprises Purchasing Department 7275 Waterloo Road Jessup, MD 20794
Procurement Oflicer: Louise Dotson Phone: 410-540-5421 Email: Dlmce- procurement_dpscs@maryland. gov
Bid Submittal: Via fax, FerlEx, hand delivered. email or USPS to the Purchasing Dept, Orisinals reouired nrior to award.
Bid Due Date and Time: February 12,2019 /2z00pl4
Maryland Correctional Enterprises Delivery Address: 7275 Waterloo Road Jessup, MD 20794
MDQ003r042468
SBRDesignated: No
ALL INQUIRIES PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED TO THE PROCUREMENT OFFICER IDENTIFIED ABOVE.
sP 07.20t7 SECTION 1 - SPECIFICATIONS
1.I OBJECTIVE
Department ofPublic Safety and Correctional Services/Maryland Correctional Enterprises (DPSCS/MCE) is soliciting bids to procure a five (5) year contract for Reflective Validation Sticker Sheeting and Validation Nested Forms to be delivered to MCE, RCI Graphics Plant, Roxbury Conectional Institution, 18701 Roxbury Road, Hagerstown, MD 21746.
This procurement is being conducted under Small Procurement Regulations as set forth in Code of Maryland Regulations (COMAR) 21.05.07. The basis of award shall be the most favoriable evaluated bid price. Award is based on evaluated bid price and required bid samples. A bidder must meet all of the requirements requested in this solicitation and the successful Bidder (the Vendor) shall remain responsible for contract. In the event of tie bids, the provisions of coMAR 21.05.02.l4 shall determine the successful bidder. Samples must be reieived prior to bid openins per attached Specifications.
All Invitation to Bids; affidavits, and/or responses to attachments shall be completed and submitted as indicated in the IFB Key Information Summary Sheet (near the beginning ofthe solicitation, after the Title Page and notice to Vendors).
Multiple or alternate bids will not be accaptable unless otherwise stated in the solicitation documents. ll.l enluryhnUnlAnKEtpl,,q,Ce Each Bidder is requested to indicate its eMaryland Marketplace (eMM) vendor number on the bid form at the time of its submission to this IFB. Registration on eMM is free.
eMM is an electronic commerce system administered by the Maryland Department of General In addition lerv1ces. to using the MCE Procurement email and possibly other means for transmitting the IFB and associated materials, the solicitation, Bidder questions and the Procurement Officer's responses, addenda and other solicitation-related information will be provided via eMM.
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MCE is issuing this solicitation for the purpose ofobtaining Reflective Validation Sticker Sheeting and Validation Nested Forms for MCE's RCI Graphics Plant for continued production. Refer to attached Specifications for complete details ofProduct and required samples to be submitted.
sP 07.2017 Vendor shall include the following information on all invoices; name of company, address, including 9 digit zip code, FEIN number, contact name and phone number. Failure to do so may result in delay of payment.
All invoices are to be submitted to the followins email address or address:
Dlmcean [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. If you choose not to respond to this solicitation, please fill out the Notice to Vendors sheet piovided in this solicitation and email it to the Procurement Offrcer indicated in the key information iheet. We will review your responses and suggestions.
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sP 07.2017 SECTION 2 _ MANDATORY TERMS AND CONDITIONS
2.I INCORPORATION BY REFERENCE All terms and conditions of the solicitation and amendments tlereto will be made a part of the final contract which will be in the form of a blanket purchase order ("BPO") or purchase order ("PO"). See Section 2. 16. By submitting a bid in response to this solicitation, the Bidder, if selected for award as the Vendor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO.
2.2TAX EXEMPTION The Department is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes and transportation taxes. Exemption certificates shall be completed upon request. Where a Vendor is required to fumish and install material in the construction or improvement of real property in performance of a contract, the Vendor shall pay the Maryland Sales Tax and the exemption does not apply.
2.3 DELIVERY AND ACCEPTANCE
2.3'l Delivery shall be made in accordance with the solicitation specifications. The Department, in its sole discretion, may extend the time ofperformance for excusable delays due to unforeseeable causes beyond the Vendor's control. The Department unilaterally may order in writing the suspension, delay or intem:ption ofperformance 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. Unless othervr.ise staled in the specifications, materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any marerial thit is delective or fails to meet the terms ofthe solicitation specifications shall be rejected. Rejected materials shall be promptly replaced.
2.3.3 The Department reserves the right to purchase replacement materials in the open market. Vendors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement. plus applicable expenses, if any.
2.3.4 If the vendor fails to make delivery in accordance with its quoted time fiame, and the Department is required to obtain the needed goods or services on the open market, the Vendor shall be liable for any excess costs to the Department.
2.4 INTELLECTUAL PROPERTY vendor agrees to indemnify 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 ofpurchase or use of materials, supplies, equipment or services coveied by this Contract.
2.5 MARYLAND LAW PREVAILS The law of Maryland shall govem the interpretation and enforcement ofthis contract.
sP 07.2u17 2.6 CHANCES 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 I 5, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 2l . 10. Pending resolution of a dispute, the Contractor shall continue to perform this Conkact, as directed by the Procurement Officer.
2.8 TERMINATION FOR NON-APPROPRIATION If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as ofthe beginning of the fiscal year for which funds are not available. The Vendor may not recover anticioatorv orofits or costs incurred after termination.
2.9 TERMINATION FOR DEFAULT Ifthe Vendor does not fulfill obligations under this Contract or violates any provision of this Contract, the Slate may terminate the Contract by giving the Vendor written notice of termination. Termination under this paragraph does not relieve the Vendor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations ofthe parties, shall be govemed by the provisions of COMAR 21.07.01.11B.
2.IO TERMINATION FOR CONVENIENCE The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Vendor specifying the extent and the effective date ofthe termination. th" Stut" shall pay all reasonable costs associated with this Contract that the Vendor has incuned uD to the date of termination and all reasonable costs associated with termination ofthe Contract. However, the Vendor may not be reimbursed for any anticipatory profits which have not been earned 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 21.07 .O1.l2A(2) 2.II NONDISCRIMINATION
The Vendor shall comply with the nondiscrimination provisions of federal and Maryland law.
2.I2 ITEMS OF MERCURY CONTANT To the extent this solicitation is for products that may contain mercury, there is a price preference for products that are mercury free. The price preference shall not exceed 5 percent ofthe bid price for products that are mercury free or for products containing the least amounl of mercury.
2.13 COMPLIANCE WITH LAWS The Vendor hereby represents and warrants that:
2.13.1 It is qualified to do business in the State ofMaryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;
sP 07.2017 2.13.2 Il 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 oflhis Contract;
2.13.3 It 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 II 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 Vendor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.
2.14 BID AFFIDAVIT
Each bidder shall 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' I As used in this provision, a bid refers to a bid submiued under Small Procurement Regulations
2.15.2 As used in this provision, a bidder refers to a bidder under Small Procurement Regulations.
2. I 5.3 As used in this provision, solicitation means an Invitation for Bid to bid for a Drocuremenr issued by the DPSCS/Maryland Conectional Enterprises.
2' 15.4 The bidder's execution and submission ofa responsive bid constitutes a promise by the bidder to perform the contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period of30 davs or for such longer period as the bidder and the Department may agree.
2'15.5 Upon acceptance of a bid, the Procurement Officer may issue a Purchase Order (PO) and/ or Blanket Purchase order (BPo), in a form to be determined by the Department which substantially contains the terms and conditions of the soticitation. The POiBPO constitutes the State's acceptance of the bid and binds 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 shall consist ofthe executed Po and/or BPo issued by the Procurement officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the pO and./or BPO, the bid, or by operation of law, and the executed bid ofthe bidder. If the procurement officer issues a Po and/ or BPo, at the option of the procurement officer it will not be necessary for the bidder to execute the PO and / or BPO or any other form of contract or agreement. The bidder understands and agrees that the terms and conditions ofthe BpO/pO may not be waived. The Procurement Officer may require that the parties both execute a single document as the embodiment ofthe contract between the oarties.
sI,07.20t7 2.15.6 In the event ofa conflict between provisions ofthe contract documents, the controlling provisions shall be, in the lollowing order. those of:
i. the PO and/ or BPO; then ii. the solicitation; and then iii. the bid
2.16 RETURNED GOODS Vendor(s) shall be entitled to recover reasonable compensation for any and all goods shipped in accordance with authorized agency orders, meeting all contact requirements, and retumed by the agency for reasons other than the Vendor's failure to meet contract requirements. Compensation shall be limited to actual unreimbursed costs incuned by the Vendor including, but not limited to, restocking charges, shipping charges, plus reasonable profit. Vendor must provide written proof of claimed compensation. A retum ofgoods 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 for convenience shall apply.
2.17 ANTI-BRIBERY The Vendor certifies that, to the Vendor's best knowledge, neither the Vendor; nor (if the Vendor is a corporation or partnership) any of its officers, directors, or partners; nor any employee ofthe vendor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision ofthe State, has been convicted ofbribery, attempted bribery, or conspiracy to bribe under the laws ofany state or ofthe United States.
2.18 REGISTRATION OF FOREIGN CORPORATIONS Pursuant to $7-201 et seg. of the Corporations and Associations Article ofthe annotated Code of Maryland, corporations not incorporated in the State of Maryland shall be registered with the State Department of Assessments and raxation, 301 w. Preston st., Baltimore, Maryland 21201, befbre 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.
2.19 CONTINGENT FEE The Vendor 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 Vendor, 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 employer agency, any fee or other consideration contingent on the making of this agreement.
2.20 EPA COMPLIANCE Materials, supplies, equipment, or seruices shall comply in all respects with the Federal Noise Control Act of 1972. where applicable.
2.21 OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.) All materials, supplies, equipment, or services supplied as a result of this contact shall compty with the applicable U.S. and Maryland Occupational Safety and Health Act standards.
sP 07.2017 2.22 PRE-EXISTING REGULATIONS The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 2l) in eifect on the date ofexecution of this contract are applicable to this contract.
2,23 INDEMNIFICATION The State shall not assume any obligation to indemnify, hold harmless. or pay attorney's fees that may arise from or in any way be associated with the perforrnance or operation of this agreement. 2.24 ADDITIONALQUANTITIES
The State reserves the right to solicit separate bids ifa particular quantity requirement arises which exceeds the State's normal requirements as provided in the solicitation or exceeds an amount specitied in this contract.
2.25 NEW MATERIALS All items shipped pursuant to this Purchase Order shall be new. never previously used, and the current model ofthe item unless specifically stated 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.
2.27 DRUG AND ALCOHOL FREE WORKPLACE The contractor warrants that the contractor shall comply with COMAR 2 t . 1 I .08 Drug and Alcohol Free Workplace, and that the contractor shall remain in compliance throughout the teim of this Purchase Order.
2.28 COMMERCIAL NONDISCRIMINATION POLICY 2.28. I As a condition of entering into this Purchase Order, Vendor 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, Vendor may not discriminate on the basis ofrace, color, religion, ancesuy or national origin, sex, age, marital status, sexual orientation, or disability oi other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial tieatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Vendor retaliate asainst any person for reporting instances ofsuch discrimination. Vendor shall provide equal opportunity for subcontractors. vendors. and suppliers ro panicipare in ail of its prLli. ,".to, and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Vendor understands that a material violation of this clause shall be considered a material breach of this Purchase Order and may result in termination of this Purchase Order, disqualification of Contracor from participating in State contracts, or other sanctions. This clause is no enforceable by or for the benefit ol, and creates no obligation to, any third party.
2.28.2 The Vendor shall include this Section 2.30, Commercial Nondiscrimination policv. in all subcontracts to the State contract.
l0 sP 07.2017 2.28.3 As a condition ofentering into this Purchase Order, upon the request ofthe Maryland Commission on Human Relation, an only after the filing of a complaint against Vendor under State Finance and Procurement Article, Title 19, Annotated Code of Maryland, as amended from time to time, Vendor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Vendor 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. Vendor 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. Vendor understands that violation ofthis clause is a material breach ofthis Purchase Order and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.
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1l sP 07.20t7 ATTA,CHMENT A* BID/ PROPOSAL AFF'IDAVIT
A. AUTHORITY I hereby affirm that l, (name of affiant) am the (title) and duly authorized reDresentative of (narne of business entity) and that I possess the legal authority to make this affidavit on behalfofthe business for which I am acting. B. CERTIFICATIONREGARDINGCOMMERCIALNONDISCRIMINATION The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/proposals submitted fiom qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in $ 19-103 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 of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual's refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrim ination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision ofthe solicitation on this project, it is understood that, ifthe certification is false, such f'alse certification constitutes grounds for the State to reject the Bid./proposal submitted by the Bidder/Offeror on this project, and tenninate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/Offeror herewith subrnits 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 of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 ofthe State Finance and Procurement Article ofthe Annotated Code of Marvland. B.I, CERTIFICATIONREGARDINGMINORITYBUSINESSENTf,RPRISES. The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, S 1a-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identily a certified minority business enterprise in a Bid/proposal and: (l) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identiry the certified minorit_v bid/proposal; (2) Fail to noti$/ the certified rninority business enterprise before execution of the contract of its inclusion in the Bid/proposal;
(3) Failto 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 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/nrooosal.
t2 sP 07.2017 B-2. CERTIFICATION REGARDING VtrTERAN-OWNf,D SMALL BUSINESS ENTERPRISES. The undersigned Bidder/Offeror hereby certifies 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 tlrat a person may not: (l) Knowingly and with jntent 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, fiaudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bidiproposal 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 falsip 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 2l.ll.l3; 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(l) -(5) ofthis regulation. C. AFFIRMATIONREGARDINGBRIBERYCOI{VICTIONS I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section l6-l0l(b) of the State Finance and Procurement Articl€ 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 affimation 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 COI{VICTIONS 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 conracl; or l3 sP 07.2017 (b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;
(2) Been convicted ofany criminal violation ofa state or federal antitrust statutei (3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer lnfluenced and Corrupt Organization Act, l8 U.S.C. $ l96l et seq., or the Mail Fraud Act, l8 U.S.C. $ l34l et seq., for acts in connection with the submission of Bids/Proposals for a public or private contracti (4) Been convicted ofa violation of the State Minority Business Enterprise Law, $ l4-308 of the State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of $ ll-205.1 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 (l}- (5) above; (7) Been found civilly Iiable 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 decisiorr to have violated the Commercial Nondiscrimination Policy under Title l9 of the State Finance and Procurement Article of the Annotated Code of Marvland with regard to a public or private contractl (9) Been convicted ofa violation ofone or more ofthe following provisions ofthe Internal Revenue Code:
(a) $7201, Attempt to Evade or Defeat Tax; (b) $7203, Willful Failure to File Return, Supply Information, or Pay Tax, (c) $7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information; (d) $7206, Fraud and False Statements, or (e) $7207 Fraudulent Returns, Statememts, or Other Documents;
(10) Been convicted ofa violation of l8 U.S.C. $286 Conspiracy to Defraud the Covemment with Respect to Claims, 18 U.S.C. 9287, False, Fictitious, or Fraudulent Claims, or l8 U.S.C. 9371, Conspiracy to Defiaud the United States;
(ll) 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 I 7, Subtitle 2, Annotated Code of Maryland, if: (a) A couft:
(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 overturned on judicial review;
( l3) 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:
14 sP 07.2017 (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 overturned onjudicial 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 overturned on judicial review; or (15) Admitted in writing or under oath, during the course of an o{frcial investigatiorr 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(lHl4) above, except as follows (indicate reasons why the affirmations sannot be given, and list any conviction, plea, or irnposition 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 anv 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 debaned (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 responsib ilities 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 ofthe debarrnent or susDensron ).
F. AFFIRMATION Rf,GARDING DEBARMENT OF Rf,LATf,D ENTITIf,S 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 16-101, et seq., of the State Finance and Procurement Article ofthe Annotated Code of Marvland: and
15 SP O7.2UI7 (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. SUBCONTRACTAFFIRMATION I FURTHER AFFIRM THAT: Neither I. nor to the best of my krowledge, 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 l6 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, selices, architectural services, construction related services, leases ofreal property, or construction. H. AFFIRMATIONREGARDINGCOLLUSION I FURTHER AFFIRM THAT:
Neither I, nor to the best of rny knowledge, information. and belief, the above business has: (1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation ofthe accornpanying Bid/proposal that is being submitted; or (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/proposal price of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint ol free competitive bidding in connection with the contract for which the accompanying Bid/proposal is submitted. I. CERTIFICATIONOFTAXPAYMENT 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, State Department of Assessments and Taxation, and Departrnent of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement. J. CONTINGENTFEES I FURTHER AFFIRM THAT:
The business has not employed or retained any person, paftnership, 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 rnaking of the Contract. K. CERTIFICATION R-EGARDING INVESTMENTS IN IRAN
(l) 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 lran as described in State Finance and Procurement Article, 617-702, Annotated Code of Maryland; and (b) It is not engaging in investment activities in lran as described in State Finance and Procurement Article, {17-702, Annotated Code of Maryland. I o sP o7.2or 7 (2) The undersigned is unable to make the above certification regarding its investment activities in Iran due to the followine activities:
L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIf,S AND SERVTCES CONTRACTS) ] FURTHER AFFIRM THAT:
The business has complied with the provisions of State Finance and Procurement Article, Sl4-413, 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. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAf,L I FURTHf,R AFFIRM THAT:
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, in the solicitation, selection, or commercial treatment of any 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 bidiproposals 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 FIJRTHER AFFIRM 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 16 C.F.R. 5260, that apply to claims about the environmental attributes of a product, package or service in connection with the marketing, offering for sale, or sale of such item or service. 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 of the State of Maryland; (3) other states; and (4) the federal govemment. 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/proposal shall be construed to supersede, amend, modif, or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any slatutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any m isrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (l) this Affidavit, (2) the contract, and (3) other Affidavits comprising part ofthe contract. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THATTHE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.
l7 sP 07.2017 By:
Printed Name: Printed Nahe ofAuthorized Replesentati)e and Aljiant Title: Title Date:
18 sP 07.2017 ATTACHMENT B - SIGNATURE GUIDELINES OFFICIAL DOCUMENT
TYPE OF LEGAL TYPE OF PROOF WHO MUST SIGN ENTITY REQUIRED
Corporalion or Profcssional Service NO PROOF NEEDI]D IF IF SIGNED T]Y SOMEONE ELSE, C.orporation SIGNED BY: ENTI'I'Y MUSI' PROVIDE:
("Co.", "Corp. ", "Inc.", 'l he Chairman or vice chairman of Corporate By-Laws, Articles of Incorporation, or a Corporate Rgsolution " Lld. ", " Chartered", "Chtd. ", the board ofdirectors, the chief 'P.A.",'Professional evidencing the authority ol'thc person executive ofTic€r, chief operating Association", "P.C.", signing for the entity, '' officer, president, or any vice ProIe s s i onal C orporqt i on ") president ANII is Witnessed or Attested by the secretary.
Paxtnerships NO PROOh NEEDITD IF' IF SIGNED I]Y SOMEONE DLSE, SIGNED BY: ENTITY MUST PROVIDE:
Any I'artner signing in his/her Statement ol'Partnership Authoriq' capacity as an agent ofthe Ilartnership.
Limited Partnerships NO PROOII NEEDED IF IF SIGNED BY SOMEONE ELSE. SIGNED BY: ENTITY MUSl' PROVIDE.
('1.P. "\ Any GencralPanner signing in Certiicate of Limited Paxlnership his/her capacity as an agent ofthe Limited Panncnihip. Limited Liabili ty Company PROOT, ENIIIYMUSI PROVIDE: ALWAYS ("L.L-C." or "1.C.") NEEDED Operating Agreement ofthc LLC
Rel i gious Corporations PROOF ENIIIY MUS I PROVIDE: and Churches ALWAYS NEEDED Anicles of Incorporation. By-Laws or Corporate Resolution
Limited Liability Partnership and PROOI bNII I Y MUSI PROVIDE: Limited Liability Limited ALWAYS Pannerships NEEDED Certificate of Limited Liabiliry Pannership and Pannership Agrcement or Slatemcnr ol' ("L.L.P." or " L. L.L.P. ") Partnership Authority
Note: this chart does not cover unincorDorated associations.
19 sP 07.2017