COMPETITIVE SIMPLIFIED PROCUREMENT March 26, DESCRIPTION: Contractor to provide ambulance services for athletic and other special events held
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1 PROJECT TITLE: Ambulance Services PROJECT NUMBER: TU-0953 COMPETITIVE SIMPLIFIED PROCUREMENT March 26, 2009 DESCRIPTION: Contractor to provide ambulance services for athletic and other special events held at Towson University. PRE-BID/PROPOSAL CONFERENCE: April 2, 10:00 AM, Room 413, Administration Building, 7720 York Road. If you wish to request an ADA accommodation, please telephone (410) DEADLINE FOR QUESTIONS: April 3, 4:30 PM BID DUE NO LATER THAN: April 14, 2:00 PM TENTATIVE DATE OF AWARD: April 18, 2009 ISSUING OFFICE AND PROCUREMENT OFFICER: **Issuing Office: Procurement Department Mailing Address Towson University 8000 York Road Towson, MD *Campus Office Location: Hand carried, FedEx, UPS, etc York Road, 4 th Floor Phone Number: (410) Facsimile Number: (410) Procurement Officer Representative: Lorraine Ziara-Denmark Procurement Director: Lucy Slaich INQUIRIES REGARDING THIS BID MAY BE MADE TO: Lorraine Ziara-Denmark, Procurement Officer Representative, [email protected] or Phone: (410) PROCUREMENT METHOD: This solicitation will be conducted in accordance with the University System of Maryland s (USM) Procurement Policies and Procedures, Competitive Simplified Procurement. BASIS FOR AWARD: Award will be made to the responsive and responsible bidder(s) whose bid is determined to be most advantageous to the University considering the bid price, the submittal requirements detailed in the solicitation, and sound business practices. Competitive Simplified Procurement ar TU-0953 On-Call Ambulance Services Page 1 of 6
2 PARKING: All vehicles parked on Towson University property must strictly observe University parking regulations. Each vehicle parked on campus between 6 am and 8 pm, Monday through Thursday, and from 6 am to 3 pm on Fridays, must display a valid University permit unless parked at a paid meter. Parking on sidewalks or unpaved areas is prohibited at all times. All fines for parking or other vehicle violations are the responsibility of the Contractor. This applies to vendors, salespersons, company vehicles, and Contractor employees personal vehicles. Longand short-term permits are available, at designated rates, for vendors with contracts that require them to park regularly on the campus; see the parking website at for permit rates and information to support preparation of Bid/Price Proposal. NOTE: PARKING FEES MUST BE INCLUDED IN BID/PRICE PROPOSAL INCLUDED IN BID PACKAGE: Specifications Attachment I Bid/Proposal Price Form Exhibit B (Bid Affidavit) Exhibit F(Company Profile) Exhibit G (Firm Experience) Terms and Conditions for Simplified Acquisitions BID SUBMITTALS: The following items should be submitted with the Bid: Bid/Proposal Price Form, Exhibit B, Exhibit F, at least three different copies of Exhibit G, Insurance information and licenses. One (1) original and three (3) copies are requested. Prices quoted are valid for 90 days unless otherwise noted. BID RESPONSE SHOULD BE MADE VIA: Regular mail or hand deliver to *Campus Office Location, or mail to the **Issuing Office Location (please allow extra time if you plan to mail your bid). Indicate on the outside of the envelope the solicitation/project number, bid due date, and bidder s name and address. MINORITY BUSINESSES ARE ENCOURAGED TO RESPOND Competitive Simplified Procurement ar TU-0953 On-Call Ambulance Services Page 2 of 6
3 AMBULANCE SERVICES TU-0953 TECHNICAL SPECIFICATIONS SCOPE Towson University is an academic environment and the University s expectation is that the successful bidder will provide ambulance services for athletic and other types of events working within the Maryland Institute for Emergency Medical Services Systems (MIEMSS) Department of Commercial Ambulance Licensing and Regulations and Towson University requirements as outlined in this document. These services are required throughout the calendar year, and will be requested on an as-need basis. Details of the specific staffing requirements, event type and special needs or circumstances will be reviewed when the order for service is placed for each event. The scheduling that is provided is an estimate only, there is no guaranteed minimum use of services. The University reserves the right to award the contract in whole, or in parts to one or more than one successful bidder(s). GENERAL REQUIREMENTS 1. Must be a commercial ambulance service licensed by the Maryland Institute for Emergency Medical Services Systems (MIEMSS) Department of Commercial Ambulance Licensing and Regulation. 2. The ambulance service must comply with all applicable local, state and federal laws and regulations. 3. At least 1 year experience serving sporting, concert and similar events. 4. Ambulance Service must arrive to the site of the event within 30 minutes of the scheduled arrival time to be paid in full for the event. The ambulance service must arrive by the scheduled time and work the entire event. If the ambulance service arrives 30 minutes or more late to a scheduled event, the University reserves the right to impose a 20% reduction of payment where the reduction be off the actual hours worked for unsatisfactory performance. 5. The University will notify the contractor as soon as possible, but at least 72 business hours prior to service required. The contractor shall notify the University at least 48 business hours (Monday Friday not including holidays) if they are unable to provide the services for a scheduled event. 6. Contractor will complete the University s Report of Injury form and submit it back to the requesting department within 72 hours of transport. LEVEL OF AMBULANCE SERVICE 1. Advanced Life Support (ALS) service (required for all Football Games, Tigerfest, graduations and other events as requested by the University) includes : Competitive Simplified Procurement ar TU-0953 On-Call Ambulance Services Page 3 of 6
4 a. ALS "Advanced life support provider" means an individual certified by the EMS Board as EMT-P or CRT. ALS licensed commercial ambulance shall be staffed by two individuals with at least one of those individuals licensed as an EMT-P or CRT. b. Ability to Transport to medical facility as required c. Medical supplies and equipment required for an ALS ambulance 2. Basic Life Support (BLS) service includes: a. BLS "Basic life support provider" means an individual certified by the EMS Board as a first responder or an EMT-B. BLS licensed commercial ambulance shall be staffed by two basic life support providers of which one is an EMT-B. b. Ability to Transport to medical facility as needed c. Medical supplies and equipment required for a BLS ambulance CONTRACT PERIOD The contract period will be one year from the date of the award, with the University reserving the right to exercise, at its sole option, three (3) additional one-year renewals. All prices submitted by the contractor are to remain fixed and firm for the contract period. The terms and conditions of the contract shall govern the renewal periods, except that the renewal rates may be adjusted, upon submission of documented price increases, by the percentage increase in the Consumer Price Index for all Urban consumers (CPI-U) as published by the Federal Government for the DC/MD/VA/WV Region for the latest available 12-month period. In no case will the increases exceed the CPI-U as described herein. SCHEDULE An estimated list of events hosted by Event & Conference Services has been detailed in Attachment 1. Other events may be scheduled by this department, or other University departments thorough the contract term. The University s athletic department is required to have stand-by ALS ambulance service on the premises for all home football games (5-6 per season/ 4 hours per event) and BLS service for all home men s lacrosse games (6-8 per season/ 3 hours per event). The prices for these services are to be entered separately on the Bid/Proposal Price Form, and they may be added as a part of the resulting agreement from this solicitation. SUBCONTRACTING All services must be provided by the personnel employed directly by the Vendor. Subcontracting will only be permitted upon the approval of the Procurement Officer and the Event & Conference Services Director or the Senior Associate Director of Athletics for Internal Operations. SUPERVISION The contractor s employees will report to the Event Manager for Event & Conference Services hosted events or the designated Athletic Trainer responsible for Towson University athletic events. Contractor s employees will remain in the venue at the location designated throughout the event unless they are required to transport a guest/participant to the hospital. Competitive Simplified Procurement ar TU-0953 On-Call Ambulance Services Page 4 of 6
5 PERSONNEL REMOVAL The University reserves the right, at its discretion, to refuse to permit the Vendor to use any employee on this job, or to order the Vendor to remove and replace any of its employees. DAMAGE TO UNIVERSITY PROPERTY The Vendor shall assure the University that their personnel will not tamper with University property. 1. The Vendor shall repair and restore to its original conditions any equipment, materials or surfaces damaged by it operations. 2. The Vendor shall be entirely responsible for any loss or damage to his own materials, supplies, and equipment, and to the personal property of his/her employees. 3. The Vendor shall be solely responsible for any damage to any building or its contents for any loss or damage to any property belonging to the University or the University employees when such loss or damage may be attributable to their actions or negligence or the actions or negligence of their employees. PARKING INFORMATION During posted hours, all vehicles (except for ambulance vehicles working events) parked on campus, must display a parking permit or park in a visitor lot/space and pay the prevailing rate. This includes delivery and service vehicles which may only be on campus for a short period of time. Vendors, Service companies, contractors, etc., doing business with the campus must ensure they arrange for parking as a part of the bid. Please ensure that the ambulance crew parks the ambulance in a space designated by the event manager responsible for the event. WORK SCHEDULE/WORK INITIATION CONFERENCE There will be work-initiation conference which must be attended by the contractor before the start of any scheduled work. The work to be performed will be required is based on an as need basis with frequency for many events detailed in the schedule attachments. Additional services, as required will be scheduled with the contract throughout the year. University Contacts for scheduling: Event & Conference Services Mark DiDonato (cell) Nick Gingue (cell) Athletics Terry O Brien Competitive Simplified Procurement ar TU-0953 On-Call Ambulance Services Page 5 of 6
6 INVOICING All invoices for services totaling less than $4, shall be paid by Event & Conference Services or Athletics Department via procurement card. The vendor shall present a quarterly report to the Procurement Department that shows the dates and amounts of services provided during the preceding quarter. All invoices for services totaling more than $4, shall be submitted to: Accounts Payable Towson University 8000 York Road Towson, MD All invoices shall contain the purchase order number, the vendor s federal tax identification number, and brief description of work and date performed. LIABILITY INSURANCE All bidders must be fully insured and must submit with their bid, proof of automobile bodily injury liability insurance with limits of not less than $1,000,000 for each person and $2,000,000 for each accident, and property damage liability insurance, with a limit of not less than $2,000,000 for each accident. Proof of Workers Compensation as well as commercial general liability coverage must be provided. Information must be on company letterhead bearing signature of a company official and contain the carrier s name, agent s name, policy number, effective date, and coverage amount. Copy of insurance form indicating Towson University as additional insured is required upon award of contract. Contract Extended to Other USM Institutions The resulting contract shall be between Towson University and the successful vendor(s). In addition, the resulting contract(s) may be used by other University System of Maryland (USM) campuses and/or the University of Maryland Medical System (UMMS). Should other campuses within the USM and/or the UMMS, enter into agreements under the scope of this contract; TU has the right to renegotiate any and all prices. Competitive Simplified Procurement ar TU-0953 On-Call Ambulance Services Page 6 of 6
7 Ambulance Service Requirements 2009/2010 ATTACHMENT I Attendance Ambulance Total Day Date Event Start Time End Time Est. Range Ambulance Hours Estimated Hours Thursday May 14, 2009 MIAA Lax Semi's 5:15pm 10pm 2000 Yes -BLS 4:30pm - 10pm 5.5 Monday May 18, 2009 MIAA Lax Champion 3:00pm 10pm 2000 Yes -BLS 5:30 pm - 10pm 4.5 Wednesday May 20, 2009 Towson U. FCSM 10am 2000 Yes -ALS 8:30am - 12:30pm 4 Wednesday May 20, 2009 Towson U. CLA 2pm 3860 Yes -ALS 12:30pm - 4:30pm 4 Thursday May 21, 2009 Towson U. CHP 10am 3000 Yes -ALS 8:30am - 12:30pm 4 Thursday May 21, 2009 Towson U. CBE 2pm 3250 Yes -ALS 12:30pm - 4:30pm 4 Friday May 22, 2009 Towson U. COE 10am 3500 Yes -ALS 8:30am - 12:30pm 4 Friday May 22, 2009 Towson U. COFAC 2pm 3000 Yes -ALS 12:30pm - 4:30pm 4 Tuesday May 26, 2009 Randallstown Graduation 7pm 9pm 3250 Yes -ALS 5:30pm - 9:30pm 4 Wednesday May 27, 2009 Pikesville Graduation 7pm 9pm 2500 Yes -ALS 5:30pm - 9:30pm 4 Thursday May 28, 2009 Dulaney Graduation 7pm 9pm 4000 Yes -ALS 5:30pm - 9:30pm 4 Friday May 29, 2009 Perry Hall Graduation 7pm 9pm 4000 Yes -ALS 5:30pm - 9:30pm 4 Saturday May 30, 2009 Milford Mill Graduation 9am 11am 3250 Yes -ALS 7:30am - 11:30am 4 Saturday May 30, 2009 Towson Graduation 2pm 4pm 3250 Yes -ALS 12:30pm - 4:30pm 4 Sunday May 31, 2009 Parkville Graduation 9am 11am 4000 Yes -ALS 7:30am - 11:30am 4 Sunday May 31, 2009 Woodlawn Graduation 2pm 4pm 2500 Yes -ALS 12:30pm - 4:30pm 4 Monday June 1, 2009 Western Graduation 7pm 9pm 2500 Yes -ALS 5:30pm - 9:30pm 4 Tuesday June 2, 2009 Loch Raven Graduation 7pm 9pm 2500 Yes -ALS 5:30pm - 9:30pm 4 Wednesday June 3, 2009 Overlea Graduation 7pm 9pm 2500 Yes -ALS 5:30pm - 9:30pm 4 Thursday June 4, 2009 Severna Park Graduation 10am 12 noon 3250 Yes -ALS 8:30am - 12:30pm 4 Thursday June 4, 2009 New Town Graduation 7pm 9pm 2500 Yes -ALS 5:30pm - 9:30pm 4 Friday June 5, 2009 North County Graduation 10am 12 noon 3250 Yes -ALS 8:30am - 12:30pm 4 Saturday June 27, 2009 Kurk Lee Basketball 4pm 7:30pm 3000 Yes -BLS 3:00pm - 8:00pm 5 Saturday June 27, 2009 Under Armor Lax All Day 3000 Yes -BLS 5pm - 10pm 5 TBA December-09 Maryland Crab Bowl TBD 2000 Yes -ALS TBD 5 Sunday January-10 TU Commencement 10:00am 12:00pm 2000 Yes -ALS 8:30am - 12:30pm 4 Sunday January-10 TU Commencement 2:00pm 4:00pm 2000 Yes -ALS 12:30pm - 4:30pm 4 TBA January-10 Mercy/IND Basketball TBA TBA 3800 Yes -BLS TBA 5 TBA February-10 MIAA Boys Basketball TBA TBA 2000 Yes -BLS TBA TBD TBA March-10 Harlem Globetrotters 12noon 7:30pm 4000 Yes -BLS 11:00am-7:30pm 8.5 TBA April-10 Destination Imagination TBA TBA TBA TBA TBA 4 TBA April-10 Tigerfest TBA TBA 10,000 Yes (2 required) ALS TBA
8 BID/PRICE PROPOSAL FORM BIDDER S NAME: PROJECT TITLE: PROJECT NUMBER: On-Call Ambulance Services TU-0953 Award will be made to the bidder(s) submitting the best evaluated prices to the University. There is no guaranteed minimum use. Failure to properly and completely fill in all blanks may be cause for rejection of this bid/proposal. Having carefully examined all of the solicitation documents for the above referenced project and ADDENDA NUMBER(S) being collectively referred to as the Contract Documents, and having received clarification on all items of conflict or upon which any doubt arose, the undersigned proposes to furnish all labor, materials and equipment required by the said documents for the entire work, all in strict accordance with the Contract Documents, for the sum of: Estimated TOTAL COST OF PROJECT if all services provided: Add Total from Line 3 + Line 6 BASE BID ( ) ($ ) Words Numbers Events & Conference Services and other services as needed Line Services Required Est. # Events Est. Hours Price Per Hour Total (Est. # X Hrs X $ per Hr.) 1 BLS ALS Total Line Athletic Competition Line 1 Services # Events Hrs $/Hr Total 4 ALS football BLS lacrosse Total Line Line Service Bid 7 Minimum Hours Required TU-0953 On-Call Ambulance Services Bid/Price Proposal Form Page 1 of 3
9 BIDDER S NAME: PROJECT TITLE: PROJECT NUMBER: On-Call Ambulance Services TU-0953 Offerors should specify any additional costs that may be incurred, or savings or benefits that may be realized by the University, although this information has not been specifically requested elsewhere in the CSP. If the undersigned is notified by the Procurement Officer/Representative of the acceptance of the bid within 90 days after the bid date, Contractor agrees to guarantee the completion of this work as specified in the Contract Documents. Firm License Number Date Issued Place of Issuance (if applicable) Minority Business Enterprises: The undersigned certifies that the Bidder: IS NOT a Certified Minority Business Enterprise. IS a Certified Minority Business Enterprise (MBE), certified by. (Certifying Agency) The Certification Council has assigned the following certification number: TU-0953 On-Call Ambulance Services Bid/Price Proposal Form Page 2 of 3
10 INDIVIDUAL PRINCIPAL Firm Name: Address: Phone/Fax No.: Address: Federal Tax ID or Social Security No. Witness: Signed: CO-PARTNERSHIP PRINCIPAL Address: In the Presence of Witness: Witness: Witness: Phone/Fax No.: Address: By: By: By: Federal Tax ID or Social Security No. Partner CORPORATE PRINCIPAL Address: Name of Corporation Phone/Fax No.: Address: Federal Tax ID Number The undersigned affirms, and it is a condition precedent to acceptance of this bid, that the bidder has not been a party to any agreement to bid a fixed or uniform price. By: Signature of Officer or Authorized Agent (Affix Corporate Seal) Printed Name Title Witness: TU-0953 On-Call Ambulance Services Bid/Price Proposal Form Page 3 of 3
11 I HEREBY AFFIRM THAT: EXHIBIT B BID/PROPOSAL AFFIDAVIT A. AUTHORIZED REPRESENTATIVE I am the (title) and the duly authorized representative of (business) and that I possess the legal authority to make this Affidavit on behalf of myself and the business for which I am acting. B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in of the State Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. 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 COMAR Title 21 State Procurement Regulations Subtitle 05 PROCUREMENT METHODS Towson University-10/12/07 Page 1 of 7 Exhibit B
12 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 COMAR Title 21 State Procurement Regulations Subtitle 05 PROCUREMENT METHODS Towson University-10/12/07 Page 2 of 7 Exhibit B
13 (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(1) (7) 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).. 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 COMAR Title 21 State Procurement Regulations Subtitle 05 PROCUREMENT METHODS Towson University-10/12/07 Page 3 of 7 Exhibit B
14 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. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of Section of the State Finance and Procurement Article of the Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. J. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, Election Law Article, , Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. K. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head's designee has determined that application of COMAR and this certification would be inappropriate in connection with the law enforcement agency's undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR shall have the same meanings when used in this certification. (2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: COMAR Title 21 State Procurement Regulations Subtitle 05 PROCUREMENT METHODS Towson University-10/12/07 Page 4 of 7 Exhibit B
15 (a) Maintain a workplace free of drug and alcohol abuse during the term of the contract; (b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions; (c) Prohibit its employees from working under the influence of drugs or alcohol; (d) Not hire or assign to work on the contract anyone whom the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e) Promptly inform the appropriate law enforcement agency of every drugrelated crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred; (f) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) The dangers of drug and alcohol abuse in the workplace; (ii) The business' policy of maintaining a drug and alcohol free workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; (g) Provide all employees engaged in the performance of the contract with a copy of the statement required by J(2)(b), above; (h) Notify its employees in the statement required by J(2)(b), above, that as a condition of continued employment on the contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i) Notify the procurement officer within 10 days after receiving notice under J(2)(h)(ii), above, or otherwise receiving actual notice of a conviction; (j) Within 30 days after receiving notice under J(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or COMAR Title 21 State Procurement Regulations Subtitle 05 PROCUREMENT METHODS Towson University-10/12/07 Page 5 of 7 Exhibit B
16 remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: (i) Take appropriate personnel action against an employee, up to and including termination; or (ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of J(2)(a) (j), above. (3) If the business is an individual, the individual shall certify and agree as set forth in J(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract. (4) I acknowledge and agree that: (a) The award of the contract is conditional upon compliance with COMAR and this certification; (b) The violation of the provisions of COMAR or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR or , as applicable; and (c) The violation of the provisions of COMAR or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR L. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT I FURTHER AFFIRM THAT: (1) The business named above is a (domestic ) (foreign ) corporation registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, and that it is in good standing and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation, and that the name and address of its resident agent filed with the State Department of Assessments and Taxation is: Name: Address:. (2) 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. COMAR Title 21 State Procurement Regulations Subtitle 05 PROCUREMENT METHODS Towson University-10/12/07 Page 6 of 7 Exhibit B
17 M. 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. N. Repealed. O. ACKNOWLEDGEMENT I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and convenants 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: (Authorized Representative and Affiant) COMAR Title 21 State Procurement Regulations Subtitle 05 PROCUREMENT METHODS Towson University-10/12/07 Page 7 of 7 Exhibit B
18 EXHIBIT F COMPANY PROFILE COMPANY NAME: DATE OF INCORPORATION: STATE OF INCORPORATION: TYPE OF WORK PERFORMED: NUMBER OF YEARS IN BUSINESS: OTHER OR FORMER NAMES UNDER WHICH YOUR ORGANIZATION HAS OPERATED: TYPE OR ORGANIZATION: (I.E., CORP., PARTNERSHIP, INDIVIDUAL, JOINT VENTURE, OTHER): NAME OF PRINCIPAL(S) AND TITLE(S): BRIEF HISTORY OF COMPANY: TOTAL NUMBER OF EMPLOYEES: NUMBER OF FIELD EMPLOYEES (Excluding Supervisory): NUMBER OF FIELD SUPERVISORY PERSONNEL: NUMBER OF OFFICE PERSONNEL (Excluding Supervisory): NUMBER OF OFFICE SUPERVISORY PERSONNEL: BONDING CO.: BONDING CAPACITY: Exhibit F Page 1 of 1
19 EXHIBIT G FIRM EXPERIENCE PROPOSER: PROJECT NAME: PROJECT DOLLAR SIZE: START DATE: COMPLETION DATE: CLIENT/CUSTOMER: ADDRESS: CONTACT PERSON: TELEPHONE NUMBER: FAX NUMBER: PROJECT MANAGER: BRIEF, BUT DETAILED DESCRIPTION OF THE PROJECT: SIMILARITIES BETWEEN THIS PROJECT AND TU PROJECT: Exhibit G 3/17/03 Page 1 of 1
20 GENERAL TERMS AND CONDITIONS FOR SIMPLIFIED ACQUISITIONS (not exceeding $100,000) This Addendum sets forth the mandatory terms and conditions required by Towson University and the Procurement Policies and Procedures of the University System of Maryland that by this Addendum are included in the contract attached. The Contractor agrees that the University's acceptance of and payment for the goods and/or services under this contract are conditioned upon the inclusion of the terms and conditions set forth below..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 State 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 Scope of Work. The Contractor shall furnish all labor, applicable code and all materials, equipment, supplies or services in order to complete the total work in accordance with the specifications, federal and State laws and regulations..04 Delivery and Acceptance. Delivery shall be made in accordance with the instructions set forth in the contract documents and/or solicitation. The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor's control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The University 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 University 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 employees of the State of Maryland 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 an employee of the party or parties hereby contracting with the State or any unit thereof..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. Towson University s policies, programs, and activities comply with federal and state laws and University System of Maryland regulations prohibiting discrimination on the basis of race, color, religion, age, national origin, sex, disability, and sexual orientation..07 Financial Disclosure. The Contractor shall comply with State Finance and Procurement Article, , Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State 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..08 Political Contribution Disclosure. The Contractor shall comply with the provisions of Article 33, Sections 30-1 through 30-4, Annotated Code of Maryland, which require that every person that enters into contracts, leases, or other agreements with the State of Maryland or a political subdivision of the State, including its agencies, during a calendar year under which the person receives in the aggregate $100,000 or more, shall file with the Administrative Board of Election laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. The statement shall be filed with the State Administrative Board of Election Laws: (a) before a purchase or execution of a lease or contract by the University, a county, an incorporated municipality or their agencies, and shall cover the preceding two calendar years; and (b) if the contribution is made after the execution of a lease or contract, then twice a year, throughout the contract term, on (1) February 5, to cover the six-month period ending January 31; and (2) on August 5, to cover the six-month period ending July Anti-Bribery. The Contractor warrants that neither it nor any officer, director or partner, nor any employee involved in obtaining contracts with any public body has been convicted of bribery, attempted bribery or conspiracy to bribe, nor has engaged in conduct since July 1, 1977, which would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any state or the federal government..10 Registration. Pursuant to et seq of the 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, 301 West 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..11 Contingent Fees. 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 agent, any fee or any other consideration contingent on the making of this agreement..12 EPA Compliance. Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable..13 Occupational Safety and Health Act (O.S.H.A.). All materials, supplies, equipment, or services supplied as a result of this contract shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards. General Terms & Conditions for Simplified Acquisitions-4/6/05 Page 1 of 3
21 .14 Termination for Convenience. Upon written notice to the Contractor, the University may terminate this contract, in whole or in part, whenever the University shall determine that such termination is in the best interest of the University. The University shall pay all reasonable costs incurred up to the date of termination and all reasonable costs associated with termination of the contract. However, the Contractor may not be reimbursed for anticipatory profits. Termination hereunder, including the determination of rights and obligations of the parties, shall be governed by the provisions of the USM Procurement Policies and Procedures..15 Termination for Default. If the Contractor fails to fulfill its obligation under this Contract properly and on time, or otherwise violates any provision of this Contract, the University may withhold payment at the discretion of the University and/or terminate the Contract by written notice to the Contractor. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at the University s option, become the University s property. The University shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by Contractor s breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the University can affirmatively collect damages. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of the USM Procurement Policies and Procedures..16 Disputes. This contract shall be subject to USM Procurement Policies and Procedures. Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the contract in accordance with the procurement officer's decision..17 Multi-Year Contracts. If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the University s rights or the Contractor s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the University from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the Contract. The Contractor may not recover anticipatory profits or costs incurred after termination. The University shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first..18 Intellectual Property. Contractor agrees to indemnify and save harmless the University, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this contract..19 Maryland Law Prevails. The provisions of this contract shall be governed by the laws of Maryland..20 Contractor's Invoices. Contractor agrees to include on the face of all invoices billed to the State, its Taxpayer Identification Number which is the Social Security Number for individuals and sole proprietors and the Federal Taxpayer Identification Number for all other types of organizations. If a Purchase Order document is used, the Purchase Order Number must be included..21 Pre-existing Regulations. The regulations set forth in USM Procurement Policies and Procedures in effect on the date of execution of this Contractor are applicable to this Contract..22 Indemnification. The University shall not assume any obligation to indemnify, hold harmless, or pay attorney's fees that may arise from or in any way be associated with the performance or operation of this agreement..23 Conflicting Terms. Any proposal for terms in addition to or different from those set forth in this purchase order or contract or any attempt by the Contractor to vary any of the terms of this offer by Contractor's acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor's assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this purchase order may not be waived..24 Drug and Alcohol Free Workplace. The Contractor warrants that the Contractor shall comply with COMAR Drug and Alcohol Free Workplace, and that the Contractor shall remain in compliance throughout the term of the purchase order or contract..25 Retention of Records. The Contractor shall retain and maintain all records and documents relating to this contract for three years after final payment by the State hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the University, including the Procurement Officer or designee, at all times..26 Delays and Extensions of Time. The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract. Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers..27 Modifications. This Contract may be amended with the consent of both parties. Amendments may not significantly change the scope of the Contract..28 Suspension of Work. The procurement officer unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as she/he may determine to be appropriate for the convenience of the University. General Terms & Conditions for Simplified Acquisitions-4/6/05 Page 2 of 3
22 .29 Compliance with Laws. The Contractor hereby represents and warrants that: (a) 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; (b) it is not in arrears with respect to the payment of any moneys due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract; (c) it shall comply with all federal, state and local laws, regulations, and ordinances applicable to its activities and obligations, under this Contract; and (d) it shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract. person information, (ii) protecting against any anticipated threats or hazards to the security or integrity of such nonpublic personal information, and (iii) protecting against the unauthorized access to or use of such nonpublic personal information. These terms apply to all subcontractors employed by the contractor who perform work under the scope of this agreement..33. I-9 Requirement Contractor warrants and represents that it is currently in compliance, and that during the term of this contract it will remain in compliance, with the Immigration Reform and Control Act of 1986, and that it will obtain original valid employment verification documentation from all its employees on a timely basis as required by law and regulation. This requirement also applies to all subcontractors hired by Contractor..30 Payment of State Obligations. Payments to the Contractor pursuant to this Contract shall be made no later than 30 days after the State s receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public entities, as applicable, are prohibited..31 Software Contracts. As specifically provided by Section , Commercial law Article, Maryland Annotated Code, the parties agree that this Agreement shall not be governed by the Uniform Computer Information Transactions Act (UCITA), Title 21 of the Commercial Law Article of the Annotated Code of Maryland, as amended from time to time. This Agreement shall be governed by the common law of Maryland relating to written agreements, as well as other statutory provisions, other than UCITA, which may apply, and shall be interpreted and enforced as if UCITA had never been adopted in Maryland. Vendor agrees that as delivered to Buyer, the software does not contain any program code, virus, worm, trap door, back door, timer or clock that would erase data or programming or otherwise cause the software to become inoperable, inaccessible, or incapable of being used in accordance with its user manuals, either automatically upon the occurrence of selected conditions, or manually on command of Vendor..32. Gramm-Leach-Bliley Act of 1999 The Contractor agrees that in performing its obligations under this contract, the Contractor shall comply with all requirements of a non-affiliated third-party who receives a financial institution s consumer or customer information, under the Gramm-Leach-Bliley Act of 1999, and applicable regulations thereto (the GLB Act ) and other applicable federal and state consumer privacy acts, rules and regulations. Nonpublic personal information shall have the same meaning as that term is defined in the GLB Act. a. The Contractor Agrees to disclose such nonpublic personal information for the sole purpose of facilitating the Contractor s performance of its duties and obligations under this contract and will not disclose such nonpublic personal information to any other party unless such disclosure is (i) allowed by the GLB Act and consented to by the Customer, or (ii) compelled by law, in which case the Contractor will provide notice of such disclosure to the Customer. b. The Contractor represents and warrants that it will, for so long as it retains nonpublic personal information, implement and maintain in place the necessary information security policies and procedures for (i) protecting the confidentiality of such nonpublic General Terms & Conditions for Simplified Acquisitions-4/6/05 Page 3 of 3
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