IFB Template

DEPARTMENT OF BUDGET & MANAGEMENT
Dear Colleague:
You have downloaded one of four newly-revised templates used to procure services. These templates, the Request
for Proposals (RFP), the Invitation for Bids (IFB), the Multi-Step Invitation for Bids (MS-IFB), and the Sole
Source/Emergency Contract (SS/EM) template have been developed by the Department of Budget and Management
(DBM) in conjunction with the Department of Health and Mental Hygiene (DHMH) Office of Procurement and
Support Services (OPASS) and are based on a DBM procurement model. They are formatted in MS Word using
Office Professional 2003. There are some things you need to know when using the templates:
First, this is just a template, and not all possible procurement circumstances may be covered by this template.
However, this template is designed to include language for the majority of solicitations for services within the
respective procurement type (ex. Competitive Sealed Bidding CSB; Competitive Sealed Proposals - CSP). Only
some, not all, of the language used in the template is required by Marylands procurement regulations, COMAR
Title 21. While some language may be changed, it is STRONGLY RECOMMENDED that you utilize the
standardized language included in this template, as review and approval of your solicitation by DBM will be
SIGNIFICANTLY FASTER if boilerplate language, section numbering, references to Attachments, and
Attachment order remain unchanged, so that your assigned Procurement Analyst can focus more on reviewing the
Minimum Qualifications, Scope of Work, and Bid/Financial Proposal Form of your solicitation. Please check with
your DBM Procurement Analyst if you wish to revise the language included in this template.
Second, there is a substantial amount of information and text you will need to add to the document. You will notice
throughout the document (red) colored text in parentheses. These are instructions to you. DO NOT LEAVE THE
INSTRUCTIONS OR PARENTHESES IN THE DOCUMENT! Insert the requested name, date, address,
information, title, number, etc. and delete the (red) instructions (be sure to review the entire template for these
instructions, including the Attachments). Make certain the inserted text does not remain in the color of the
instructions. Also, when you download, copy, or paste, text and tables may move around on the page. Please clean
up text and tables to ensure a professional look (e.g., check for font type and size consistency, review formatting, use
spell check, use grammar check, etc.), remove these instructions pages, and remove the template date from the
footer pages (or change the footer date to the actual publication date). Your proper completion of this template will
result in faster review and approval by your assigned Procurement Analyst.
You, the author of the solicitation, are responsible for the ultimate content and appearance of the document. You
must ensure the accuracy of the content and convey a professional appearance and style. Remember, this document
will become a part of a public record. It is your first contact with the vendor community from which you wish to
solicit. It represents your Department. See that it is a quality publication.
Note that this template will need to be carefully reviewed by the Procurement Officer and the agency
Assistant Attorney General for each project to determine what should be included, revised, or omitted for the
particular procurement. Any questions regarding this template may be submitted to your assigned Procurement
Analyst at DBM.
Rev. 09/17/2014
Changes from original 03/25/2013 version:

04/09/2013
-Section 1.2: Definition for Notice to Proceed; capitalized the word Commencement and added reference to Section 1.4.1.
-Section 1.7: Removed statement that attendance is not mandatory from first paragraph.
04/25/2013
-Section 4.4.8: Revised wording regarding the Bidders Certificate of Insurance requirements.
07/01/2013
-Added bolded note at bottom of instructions page.
-Added optional language on solicitation Title page for Small Business Reserve Procurements.
-Section 1.2 Definitions: added definition for Contract Commencement and minor revisions to definitions of Business Day(s), Go-Live
Date, and Working Day(s).
-Section 1.26 Contract Affidavit: added statement that a Contract Affidavit will be required for renewal options and mods that extend the
Contract.
-Section 1.33 Minority Business Enterprise Goal and Subgoals: revised wording and added language for MBE liquidated damages (1.33.9).
-Section 1.34 Living Wage Requirements: revised wording regarding determination of wage tier.
-Added Section 3.9: SOC 2 Type II Audit Report.
-Updated Contract (Attachment A): added Section 4.6 regarding MBE liquidated damages.
-Updated Bid/Proposal Affidavit (Attachment B): added Certification Regarding Investments in Iran and Conflict Minerals clauses.
-Updated DHR Hiring Agreement (Attachment P): added field for Agency Control Number.
07/10/2013
-Section 1.33 Minority Business Enterprise Goal and Subgoals: revised wording for MBE liquidated damages (1.33.9).
-Updated Contract (Attachment A): moved MBE liquidated damages language from Section 4.6 to Section 39 and made revisions.
08/01/2013
-Instructions Page: added language regarding removing instructions page and footer date.
-Sections 1.1.2, 1.2, 1.4, and Contract (Attachment A) Section 3.1 and 3.2: revised language regarding duration of Contract, Contract
Commencement, Go-Live Date, and Notice to Proceed.
-Section 1.40: added language that price preference is not to exceed 5% and COMAR reference.
-Section 3.4: revised language regarding when certificate of insurance is to be provided.
-Attachment K HIPAA Business Associate Agreement: updated Agreement to comply with new HIPAA rules.
-Corrected several spelling and typographical errors and made minor revisions to language throughout document.
11/01/2013
-Section 1.4.3: removed , or a later date as.
-Section 1.7: added optional language regarding site visits.
-Section 1.33.1 and Attachment D-1: added language regarding MBE subgoals.
-Removed Sections 1.42 - Conflict Minerals and 1.43 - Investment Activities in Iran (both now incorporated in Bid/Proposal Affidavit); following
Sections and references to sections updated.
-Section 3.4.6: removed named.
-Attachment D-3: added fields for subcontractors address and FEIN.
-Attachment M-2: added fields for subcontractors address and FEIN.
-Removed Attachment N Investment Activities in Iran (now incorporated in Bid/Proposal Affidavit).
09/17/2014
-IFB Key Information Summary Sheet: removed address/contact information for Contract Monitor.
-Section 1.1: moved non-State of Maryland usage instructions and language from 1.3 to 1.1.5
-Section 1.2: revised definition of Procurement Officer; consolidated the terms Business Day(s) and Working Day(s) to simply Business
Day(s) throughout solicitation, and removed definition of Working Day(s).
-Section 1.4: added anticipated start date language to 1.4.3.
-Section 1.31: updated Prompt Payment weblink.
-Section 1.33: updated MBE Requirements language, revised MBE Attachments D, and references to MBE Attachments D.
-Section 1.34: revised Living Wage Requirements language and added Living Wage clause to Contract (Attachment A).
-Section 1.44: Small Business Reserve optional language added.
-Section 3.10 (End of Contract Transition) added.
-Attachment A (Contract): revised wording and order of some sections.
-Attachment H: removed references to DHMH and US DHHS and added instruction to check for any additional requirements/restrictions relative
to the applicable Federal funding source.
-Corrected spelling and typographical errors and made minor revisions to language throughout document.
ii
IFB Template Version: 09/17/2014
(DEPARTMENT)
INVITATION FOR BIDS (IFB)
SOLICITATION NO. (solicitation number)
Issue Date: (date of issuance)
(SOLICITATION TITLE)
(If your procurement is designated as a Small Business Reserve Procurement, include the following
notice in black font:)
NOTICE TO BIDDERS/OFFERORS
SMALL BUSINESS RESERVE PROCUREMENT
This is a Small Business Reserve Procurement for which award will be limited to certified small business
vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement
Article, 14-501 14-505, Annotated Code of Maryland, and that are certified by the Department of
General Services Small Business Reserve Program are eligible for award of a contract. See RFP Section
1.44 for additional information.
NOTICE
A Prospective Bidder that has received this document from the (Departments) website or
https://emaryland.buyspeed.com/bso/, or that has received this document from a source other than the
Procurement Officer, and that wishes to assure receipt of any changes or additional materials related to
this IFB, should immediately contact the Procurement Officer and provide the Prospective Bidders name
and mailing address so that addenda to the IFB or other communications can be sent to the Prospective
Bidder.
Minority Business Enterprises Are Encouraged to Respond to this Solicitation

iii
STATE OF MARYLAND
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 return your comments with your response. If you have
chosen not to respond to this Contract, please email or fax this completed form to the attention of the
Procurement Officer (see the Key Information Sheet below for contact information).
1.
Title: (SOLICITATION TITLE)

Solicitation No: (solicitation number)
If you have chosen not to respond to this solicitation, please indicate the reason(s) below:
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Other commitments preclude our participation at this time.

The subject of the solicitation is not something we ordinarily provide.
We are inexperienced in the work/commodities required.
Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)
The scope of work is beyond our present capacity.
Doing business with the State of Maryland is simply too complicated. (Explain in
REMARKS section.)
We cannot be competitive. (Explain in REMARKS section.)
Time allotted for completion of the Bid/Proposal is insufficient.
Start-up time is insufficient.
Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.)
Bid/Proposal requirements (other than specifications) are unreasonable or too risky.
(Explain in REMARKS section.)
MBE or VSBE requirements. (Explain in REMARKS section.)
Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.
(Explain in REMARKS section.)
Payment schedule too slow.
Other:__________________________________________________________________
2.
If you have submitted a response to this solicitation, but wish to offer suggestions or express
concerns, please use the REMARKS section below. (Attach additional pages as needed.).
REMARKS:
____________________________________________________________________________________
____________________________________________________________________________________
Vendor Name: ___________________________________________ Date: _______________________
Contact Person: _________________________________
Phone (____) _____ - _________________
Address: ______________________________________________________________________
E-mail Address: ________________________________________________________________
iv
STATE OF MARYLAND
(DEPARTMENT)
IFB KEY INFORMATION SUMMARY SHEET
Invitation for Bids:
Solicitation Number:
(solicitation number)
IFB Issue Date:
(date of issuance)
IFB Issuing Office:
(DEPARTMENT)
Procurement Officer:
(name of Procurement Officer)

(contact information of Procurement Officer)
(address)
Phone:
Fax:
e-mail: ______________________________
Contract Monitor:
(name of Contract Monitor)

(administration or facility name)
Bids are to be sent to:
(DEPARTMENT)
(street address and room number), (city, state, zip code)
Attention: (name of Procurement Officer)
Pre-Bid Conference:
(date and time of Conference) Local Time

(street address, room number), (city, state, zip code)
Closing Date and Time:
(Bid due date and time) Local Time
Public Bid Opening:
(date, time, and location of Bid opening)
MBE Subcontracting Goal:
(MBE goal percentage) %
VSBE Subcontracting Goal:
(VSBE goal percentage) %
Table of Contents
SECTION 1 - GENERAL INFORMATION...............................................................................9
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
1.38
1.39
1.40
1.41
1.42
1.43
Summary Statement..........................................................................................................9
Abbreviations and Definitions..........................................................................................9
Contract Type..................................................................................................................11
Contract Duration...........................................................................................................11
Procurement Officer.......................................................................................................11
Contract Monitor............................................................................................................12
Pre-Bid Conference........................................................................................................12
eMarylandMarketplace...................................................................................................13
Questions........................................................................................................................13
Procurement Method......................................................................................................13
Bids Due (Closing) Date and Time................................................................................13
Multiple or Alternate Bids..............................................................................................14
Receipt, Opening and Recording of Bids.......................................................................14
Confidentiality of Bids...................................................................................................14
Award Basis....................................................................................................................14
Tie Bids...........................................................................................................................14
Duration of Bid...............................................................................................................15
Revisions to the IFB.......................................................................................................15
Cancellations..................................................................................................................15
Incurred Expenses..........................................................................................................15
Protest/Disputes..............................................................................................................15
Bidder Responsibilities...................................................................................................15
Substitution of Personnel................................................................................................16
Mandatory Contractual Terms........................................................................................16
Bid/Proposal Affidavit....................................................................................................16
Contract Affidavit...........................................................................................................16
Compliance with Laws/Arrearages................................................................................16
Verification of Registration and Tax Payment................................................................16
False Statements.............................................................................................................17
Payments by Electronic Funds Transfer.........................................................................17
Prompt Payment Policy..................................................................................................17
Electronic Procurements Authorized..............................................................................17
Minority Business Enterprise Goal and Subgoals..........................................................19
Living Wage Requirements............................................................................................22
Federal Funding Acknowledgement...............................................................................23
Conflict of Interest Affidavit and Disclosure.................................................................23
Non-Disclosure Agreement............................................................................................24
HIPAA - Business Associate Agreement........................................................................24
Nonvisual Access............................................................................................................24
Mercury and Products That Contain Mercury................................................................25
Veteran-Owned Small Business Enterprise Goals..........................................................25
Location of the Performance of Services Disclosure.....................................................27
Department of Human Resources (DHR) Hiring Agreement.........................................27
vi
1.44
Small Business Reserve (SBR) Procurement.................................................................28
SECTION 2 MINIMUM QUALIFICATIONS......................................................................30

2.1
Bidder Minimum Qualifications.....................................................................................30
SECTION 3 SCOPE OF WORK.............................................................................................31

3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
Background and Purpose................................................................................................31

Scope of Work - Requirements.......................................................................................31
Security Requirements....................................................................................................32
Insurance Requirements.................................................................................................33
Problem Escalation Procedure........................................................................................34
Invoicing.........................................................................................................................34
MBE Reports..................................................................................................................35
VSBE Reports................................................................................................................35
SOC 2 Type II Audit Report...........................................................................................36
End of Contract Transition.............................................................................................37
SECTION 4 BID FORMAT.....................................................................................................38

4.1
4.2
4.3
4.4
4.5
4.6
4.7
One Part Submission......................................................................................................38

Labeling..........................................................................................................................38
Bid Price Form...............................................................................................................38
Additional Required Bid Submissions...........................................................................38
Reciprocal Preference.....................................................................................................40
Delivery..........................................................................................................................41
Documents Required upon Notice of Recommendation for Contract Award................41
IFB ATTACHMENTS.................................................................................................................42
ATTACHMENT A CONTRACT...........................................................................................44
ATTACHMENT B BID/PROPOSAL AFFIDAVIT...............................................................59
ATTACHMENT C CONTRACT AFFIDAVIT......................................................................65
ATTACHMENTS D MINORITY BUSINESS ENTERPRISE FORMS...............................68
ATTACHMENT E PRE-BID CONFERENCE RESPONSE FORM.....................................92
ATTACHMENT F BID PRICING INSTRUCTIONS...........................................................93
ATTACHMENT F BID FORM..............................................................................................94
ATTACHMENT G LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS. . .95
ATTACHMENT H - FEDERAL FUNDS ATTACHMENT......................................................99
ATTACHMENT I CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE..........106
ATTACHMENT J NON-DISCLOSURE AGREEMENT....................................................107
ATTACHMENT K HIPAA BUSINESS ASSOCIATE AGREEMENT...............................112
ATTACHMENT L MERCURY AFFIDAVIT......................................................................121
ATTACHMENTS M VETERAN-OWNED SMALL BUSINESS ENTERPRISE..............122
ATTACHMENT N LOCATION OF THE PERFORMANCE OF SERVICES DISCLOSURE
127
ATTACHMENT O DHR HIRING AGREEMENT..............................................................129
vii
SECTION 1 - GENERAL INFORMATION

1.1
Summary Statement
1.1.1 The (Department) (Department acronym or the Department) is issuing this Invitation for Bids (IFB) to
provide (enter a brief description of the servicesto be performed i.e., a brief summary of Section 3.1 of the
Scope of Work).
1.1.2 It is the States intention to obtain services, as specified in this IFB, from a Contract between the selected
Bidder and the State. The anticipated duration of services to be provided under this Contract is (enter number
of years, and option years if any). See Section 1.4 for more information.
1.1.3 The Department intends to make (enter one of the following a single award or up to X awards if there is
the possibility for multiple awards, with X being the maximum number of awards) as a result of this IFB.
1.1.4 A Bidder, either directly or through its subcontractor(s), must be able to provide all services and meet all of
the requirements requested in this solicitation and the successful Bidder (the Contractor) shall remain
responsible for Contract performance regardless of subcontractor participation in the work. (If there is the
possibility for multiple awards, state how multiple Contractors will provide the required services. Ex. For
multiple contract awards, the Contractor with the lowest Total Bid Price will be given the right of first refusal
to provide the requested services. If that Contractor is unwilling or unable to perform the requested services,
the Contractor with the next lowest Total Bid Price will be asked to provide the requested services, and so
forth. Each Contractor will have 48 hours to respond to a service request before a request is made to the next
subsequent Contractor.)
(NOTE: If you choose to allow non-State of Maryland government entities or organizations to utilize this
Contract, you may include the following or similar language as Section 1.1.5. Please consult with your
Departments Assistant Attorney General regarding this Section and the exact wording of the language.):
1.1.5
Maryland County, municipal, and other non-State of Maryland governments or government agencies and not
for profit organizations within the State of Maryland may purchase from the Contractor goods or services
covered by this Contract at the same prices chargeable to the State. All such purchases by non-State of
Maryland governments, government agencies or not for profit organizations:
(1) shall constitute Contracts between the Contractor and that government, agency or organization;
(2) shall not constitute purchases by the State or State agencies under this Contract;
(3) shall not be binding or enforceable against the State; and
(4) may be subject to other terms and conditions agreed to by the Contractor and the purchaser. The
Contractor bears the risk of determining whether or not a government, agency or organization with which
the Contractor is dealing is a State of Maryland agency.
All Contract prices, terms, and conditions must be provided to any Maryland local government or not for
profit organization requesting services under this Contract.
1.2
Abbreviations and Definitions
For purposes of this IFB, the following abbreviations or terms have the meanings indicated below: (Add to this
Abbreviations and Definitions section any acronym or term unique to this solicitation and not in common use or for
which there is not a single, consistent interpretation.)
a. Bid A statement of price offered by a Bidder in response to an IFB.

b. Bidder An entity that submits a Bid in response to this IFB.
c. Business Day(s) The official working days of the week to include Monday through Friday. Official
working days exclude State Holidays (see definition of Normal State Business Hours below).
d. COMAR Code of Maryland Regulations available on-line at www.dsd.state.md.us.
e. Contract The Contract awarded to the successful Bidder pursuant to this IFB. The Contract will be in the
form of Attachment A.
f.
Contract Commencement - The date the Contract is signed by the Department following any required
approvals of the Contract, including approval by the Board of Public Works, if such approval is required. See
Section 1.4.
g. Contract Monitor (CM) The State representative for this Contract who is primarily responsible for
Contract administration functions, including issuing written direction, invoice approval, monitoring this
Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE
compliance, and achieving completion of the Contract on budget, on time, and within scope.
h. Contractor The selected Bidder that is awarded a Contract by the State.
i.
Department or (Department acronym) (Department).
j.
eMM eMaryland Marketplace (see IFB Section 1.8).
k. Go-Live Date The date, as specified in the Notice to Proceed, when the Contractor must begin providing all
services required by this solicitation. See Section 1.4.
l.
Invitation for Bids (IFB) This Invitation for Bids solicitation issued by the (Department), Solicitation
Number (solicitation number) dated (date of issuance), including any addenda.
m. Local Time Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise
specified, all stated times shall be Local Time, even if not expressly designated as such.
n. Minority Business Enterprise (MBE) Any legal entity certified as defined at COMAR 21.01.02.01B(54)
which is certified by the Maryland Department of Transportation under COMAR 21.11.03.
o. Normal State Business Hours - Normal State business hours are 8:00 a.m. 5:00 p.m. Monday through
Friday except State Holidays, which can be found at: www.dbm.maryland.gov keyword: State Holidays.
p. Notice to Proceed (NTP) A written notice from the Procurement Officer that, subject to the conditions of
the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the
Go Live Date, and is the official start date of the Contract for the actual delivery of services as described in
this solicitation. After Contract Commencement, additional NTPs may be issued by either the Procurement
Officer or the Department Contract Monitor regarding the start date for any service included within this
solicitation with a delayed or non-specified implementation date.
q. Procurement Officer Prior to the award of any Contract, the sole point of contact in the State for purposes
of this solicitation. After Contract award, the Procurement Officer has responsibilities as detailed in the
Contract (Attachment A), including being the only State representative who can authorize changes to the
Contract. The Department may change the Procurement Officer at any time by written notice to the
Contractor.
r.
State The State of Maryland.
s. Total Bid Price - The Bidders total price for services in response to this solicitation, included in the Bid in
Attachment F Bid Form, and used in determining the recommended awardee (see IFB Section 1.15).
t.
1.3
Veteran-owned Small Business Enterprise (VSBE) a business that is verified by the Center for Veterans
Enterprise of the United States Department of Veterans Affairs as a veteran-owned small business. See Code
of Maryland Regulations (COMAR) 21.11.13.
Contract Type
The Contract resulting from this solicitation shall be a (enter type of contract or combination of more than one type,
e.g., firm fixed price, fixed price with cost adjustment, labor hour, indefinite quantity with fixed unit price, etc.) as
defined in COMAR 21.06.03.(enter COMAR citation number for the contract type for combinations of contract
types, state which contract section(s) fall under each contract type).
1.4
Contract Duration
1.4.1
The Contract that results from this solicitation shall commence as of the date the Contract is signed by the
Department following any required approvals of the Contract, including approval by the Board of Public
Works, if such approval is required (Contract Commencement).
1.4.2
The period of time from the date of Contract Commencement through the Go-Live Date (see Section 1.2
definition and Section 1.4.3) will be the Contract Start-up Period. During the Start-up Period the
Contractor shall perform start-up activities such as are necessary to enable the Contractor to begin the
successful performance of Contract activities as of the Go Live Date. No compensation will be paid to the
Contractor for any activities it performs during the Start-up Period. (amend this section if there will be
payment for start-up activities.)
1.4.3
As of the Go-Live Date contained in a Notice to Proceed (see Section 1.2 definition), anticipated to be on or
about (enter anticipated start date of services), the Contractor shall perform all activities required by the
Contract, including the requirements of this solicitation, for the compensation described in its Bid.
1.4.4
The duration of the Contract will be for the period of time from Contract Commencement to the Go-Live Date
(the Start-Up Period as described in Section 1.4.2) plus (x number of years/months/etc. of services to
be provided under the Contract) from the Go-Live Date for the provision of all services required by the
Contract and the requirements of this solicitation. (If the Contract contains the possibility for Option years,
detail here. Ex. This Contract may be extended for X periods of one year each at the sole discretion of the
Department and at the prices quoted in the Bid Form for Option Years.).
1.4.5
The Contractors obligations to pay invoices to subcontractors that provided services during the Contract
term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract
(see Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such
obligations are satisfied.
1.5
Procurement Officer
10
The sole point of contact in the State for purposes of this solicitation prior to the award of any Contract is the
Procurement Officer at the address listed below:
Procurement Officer
(Department)
(street address and room number)
(city, state and zip code)
Phone Number: (phone number)
Fax Number: (fax number)
E-mail: (email address)
The Department may change the Procurement Officer at any time by written notice.
1.6
Contract Monitor
The Contract Monitor is:

(name of Contract Monitor)
Contract Monitor
(Department)
(street address and room number)
(city, state and zip code)
Phone Number: (phone number)
Fax Number: (fax number)
E-mail: (email address)
The Department may change the Contract Monitor at any time by written notice.
1.7
Pre-Bid Conference
A Pre-Bid Conference (the Conference) will be held on (date of Conference), beginning at (start time of Conference)
Local Time, at (full address of Conference with building name and room number). All prospective Bidders are
encouraged to attend in order to facilitate better preparation of their Bids.
The Conference will be summarized. As promptly as is feasible subsequent to the Conference, a summary of the
Conference and all questions and answers known at that time will be distributed to all prospective Bidders known to
have received a copy of this IFB. This summary, as well as the questions and answers, will also be posted on
eMaryland Marketplace. See IFB Section 1.8.
In order to assure adequate seating and other accommodations at the Conference, please e-mail, mail, or fax to (fax
number) the Pre-Bid Conference Response Form to the attention of the Procurement Officer no later than 4:00 p.m.
Local Time on (final date for submission of Attachment E). The Pre-Bid Conference Response Form is included as
Attachment E to this IFB. In addition, if there is a need for sign language interpretation and/or other special
accommodations due to a disability, please notify the Procurement Officer no later than (final date for request for
special accomodations). The Department will make a reasonable effort to provide such special accommodation.
(NOTE: Depending on your procurements requirements, a site visit may be beneficial to prospective Bidders. If so,
the following language may be inserted when appropriate.)
11
A site visit is suggested for prospective Bidders to assist in responding to this IFB. A site visit has been pre-scheduled
for (date of site visit), beginning at (start time of site visit) Local Time, at (full address of site with building name and
room number). All prospective Bidders are encouraged to attend in order to facilitate better preparation of their Bids.
1.8
eMarylandMarketplace
Each Bidder is requested to indicate its eMaryland Marketplace (eMM) vendor number in the Transmittal Letter
(cover letter) submitted at the time of its Bid submission to this IFB.
eMM is an electronic commerce system administered by the Maryland Department of General Services. In addition
to using the (Department acronym) website (Department Procurement website link) and possibly other means for
transmitting the IFB and associated materials, the solicitation and summary of the Pre-Bid Conference, Bidder
questions and the Procurement Officers responses, addenda, and other solicitation-related information will be
provided via eMM.
In order to receive a contract award, a vendor must be registered on eMM. Registration is free. Go to
https://emaryland.buyspeed.com/bso/login.jsp, click on Register to begin the process, and then follow the prompts.
1.9
Questions
Written questions from prospective Bidders will be accepted by the Procurement Officer prior to the Conference. If
possible and appropriate, such questions will be answered at the Conference. (No substantive question will be
answered prior to the Conference.) Questions to the Procurement Officer shall be submitted via e-mail to the
following e-mail address: (enter email address for vendors to submit questions). Please identify in the subject line the
Solicitation Number and Title. Questions, both oral and written, will also be accepted from prospective Bidders
attending the Conference. If possible and appropriate, these questions will be answered at the Conference.
Questions will also be accepted subsequent to the Conference and should be submitted to the Procurement Officer
(see above email address) in a timely manner prior to the Bid due date. Questions are requested to be submitted at
least five (5) days prior to the Bid due date. The Procurement Officer, based on the availability of time to research
and communicate an answer, shall decide whether an answer can be given before the Bid due date. Time permitting,
answers to all substantive questions that have not previously been answered, and are not clearly specific only to the
requestor, will be distributed to all vendors that are known to have received a copy of the IFB in sufficient time for the
answer to be taken into consideration in the Bid.
1.10 Procurement Method

This Contract will be awarded in accordance with the Competitive Sealed Bidding method under COMAR 21.05.02.
1.11 Bids Due (Closing) Date and Time

Bids, in the number and form set forth in Section 4.4 Required Bid Submissions, must be received by the
Procurement Officer at the address listed on the Key Information Summary Sheet, no later than (Bid due time) Local
Time on (Bid due date) in order to be considered.
Requests for extension of this time or date will not be granted. Bidders mailing Bids should allow sufficient mail
delivery time to ensure timely receipt by the Procurement Officer. Except as provided in COMAR 21.05.02.10, Bids
received after the due date and time listed in this section will not be considered.
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Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date
set for the opening.
Bids may not be submitted by e-mail or facsimile.
Vendors not responding to this solicitation are requested to submit the Notice to Vendors form, which includes
company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.).
This form is located in the IFB immediately following the Title Page (page ii).
1.12 Multiple or Alternate Bids

Multiple and/or alternate Bids will not be accepted. (If you wish to consider accepting Multiple or Alternate Bids,
discuss with your procurement supervisor and DBM analyst).
1.13 Receipt, Opening and Recording of Bids

1.13.1 Receipt. Upon receipt, each Bid and any timely modification(s) to a Bid shall be stored in a secure place until
the time and date set for bid opening. Before Bid opening, the State may not disclose the identity of any
Bidder.
1.13.2 Opening and Recording. Bids and timely modifications to Bids shall be opened publicly, at the time, date and
place designated in the IFB. The name of each Bidder, the total Bid price, and such other information as is
deemed appropriate shall be read aloud or otherwise made available.
1.13.3 The Bid Opening shall be (Bid opening date and time) at (Bid opening location).
1.14 Confidentiality of Bids

The Bids shall be tabulated or a Bid abstract made. The opened Bids shall be available for public inspection at a
reasonable time after Bid opening, but in any case before contract award, except to the extent the Bidder designates
trade secrets or other proprietary data to be confidential as set forth in this solicitation. Material so designated as
confidential shall accompany the Bid and shall be readily separable from the Bid in order to facilitate public
inspection of the non-confidential portion of the Bid, including the Total Bid Price.
For requests for information made under the Public Information Act (PIA), the Procurement Officer shall examine the
Bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in
writing. Nondisclosure is permissible only if approved by the Office of the Attorney General.
1.15 Award Basis

The Contract shall be awarded to the responsible Bidder (Bidder(s) if more than multiple awards possible)
submitting a responsive Bid with the most favorable Total Bid Price (as referenced in COMAR 21.05.02.13) for
providing the goods and services as specified in this IFB. The most favorable Total Bid Price will be the lowest price
total on Attachment F - Bid Form. (if multiple awards are possible, describe how subsequent awards will be made.
Ex: Up to X additional awards will be made to the next lowest Bidders in order of lowest Total Bid Price or: One
award will be made per Service Category/Region, etc.)
1.16 Tie Bids

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Tie Bids will be decided pursuant to COMAR 21.05.02.14.
1.17 Duration of Bid

Bids submitted in response to this IFB are irrevocable for 120 days following the closing date of the Bids. This period
may be extended at the Procurement Officers request only with the Bidders written agreement.
1.18
Revisions to the IFB
If it becomes necessary to revise this IFB before the due date for Bids, the Department shall endeavor to provide
addenda to all prospective Bidders that were sent this IFB or which are otherwise known by the Procurement Officer
to have obtained this IFB. In addition, addenda to the IFB will be posted on the Departments procurement web page
and through eMM. It remains the responsibility of all prospective Bidders to check all applicable websites for any
addenda issued prior to the submission of Bids.
Acknowledgment of the receipt of all addenda to this IFB issued before the Bid due date shall be included in the
Transmittal Letter accompanying the Bidders Bid. Failure to acknowledge receipt of an addendum does not relieve
the Bidder from complying with the terms, additions, deletions, or corrections set forth in the addendum, and may
cause the Bid to be rejected as being non-responsive to the requirements of the IFB.
1.19 Cancellations
The State reserves the right to cancel this IFB, or accept or reject any and all Bids, in whole or in part, received in
response to this IFB.
1.20 Incurred Expenses

The State will not be responsible for any costs incurred by any Bidder in preparing and submitting a Bid or in
performing any other activities related to submitting a Bid in response to this solicitation.
1.21 Protest/Disputes
Any protest or dispute related, respectively, to this solicitation or the resulting Contract shall be subject to the
provisions of COMAR 21.10 (Administrative and Civil Remedies).
1.22 Bidder Responsibilities

The selected Bidder shall be responsible for rendering services for which it has been selected as required by this IFB.
All subcontractors shall be identified and a complete description of their role relative to the Bid shall be included in
the Bidders Bid. If applicable, subcontractors utilized in meeting the established MBE or VSBE participation goal(s)
for this solicitation shall be identified as provided in the appropriate Attachment(s) of this IFB (see Section 1.33
Minority Business Enterprise Goals and Section 1.41 Veteran-Owned Small Business Enterprise Goals.).
If a Bidder that seeks to perform or provide the services required by this IFB is the subsidiary of another entity, all
information submitted by the Bidder, such as but not limited to, references, financial reports, or experience and
documentation (e.g. insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall
14
pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If
applicable, the Bidders Bid shall contain an explicit statement that the parent organization will guarantee the
performance of the subsidiary.
1.23 Substitution of Personnel

If the solicitation requires that a particular individual or personnel be designated by the Bidder to work on the
Contract, any substitution of personnel after the Contract has commenced must be approved in writing by the Contract
Monitor prior to the substitution. If the Contractor substitutes personnel without the prior written approval of the
Contract Monitor, the Contract may be terminated for default which shall be in addition to, and not in lieu of, the
States remedies under the Contract or which otherwise may be available at law or in equity.
1.24 Mandatory Contractual Terms

By submitting a Bid in response to this IFB, a Bidder, if selected for award, shall be deemed to have accepted the
terms and conditions of this IFB and the Contract, attached herein as Attachment A. Any exceptions to this IFB or
the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or
Contract, made by the Bidder may result in Bid rejection.
1.25 Bid/Proposal Affidavit

A Bid submitted by a Bidder must be accompanied by a completed Bid/Proposal Affidavit. A copy of this Affidavit is
included as Attachment B of this IFB.
1.26 Contract Affidavit

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the successful Bidder will be
required to complete a Contract Affidavit. A copy of this Affidavit is included as Attachment C of this IFB. This
Affidavit must be provided within five (5) Business Days of notification of proposed Contract award. This Contract
Affidavit will also be required to be completed by the Contractor prior to any Contract renewals, including the
exercise of any options or modifications that may extend the Contract term.
1.27 Compliance with Laws/Arrearages

By submitting a Bid in response to this IFB, the Bidder, if selected for award, agrees that it will comply with all
Federal, State, and local laws applicable to its activities and obligations under the Contract.
By submitting a response to this solicitation, each Bidder represents that it is not in arrears in the payment of any
obligations due and owing the State, including the payment of taxes and employee benefits, and that it shall not
become so in arrears during the term of the Contract if selected for Contract award.
1.28 Verification of Registration and Tax Payment

Before a business entity can do business in the State it must be registered with the State Department of Assessments
and Taxation (SDAT). SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore,
Maryland 21201. The SDAT website is http://sdatcert3.resiusa.org/ucc-charter/ .
15
It is strongly recommended that any potential Bidder complete registration prior to the due date for receipt of Bids. A
Bidders failure to complete registration with SDAT may disqualify an otherwise successful Bidder from final
consideration and recommendation for Contract award.
1.29 False Statements

Bidders are advised that Md. Code Ann., State Finance and Procurement Article, 11-205.1 provides as follows:
1.29.1 In connection with a procurement contract a person may not willfully:
(a)
(b)
(c)
Falsify, conceal, or suppress a material fact by any scheme or device;

Make a false or fraudulent statement or representation of a material fact; or
Use a false writing or document that contains a false or fraudulent statement or entry of a material
fact.
1.29.2 A person may not aid or conspire with another person to commit an act under subsection (1) of this section.
1.29.3 A person who violates any provision of this section is guilty of a felony and on conviction is subject to a fine
not exceeding $20,000 or imprisonment not exceeding five years or both.
1.30 Payments by Electronic Funds Transfer

By submitting a response to this solicitation, the Bidder/Offeror agrees to accept payments by electronic funds
transfer (EFT) unless the State Comptrollers Office grants an exemption. Payment by EFT is mandatory for contracts
exceeding $100,000. The selected Bidder/Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds
(EFT) Registration Request Form. Any request for exemption must be submitted to the State Comptrollers Office for
approval at the address specified on the COT/GAD X-10 form, must include the business identification information as
stated on the form, and must include the reason for the exemption. The COT/GAD X-10 form may be downloaded
from the Comptrollers website at:
http://comptroller.marylandtaxes.com/Government_Services/State_Accounting_Information/Static_Files/APM/gadx10.pdf
1.31 Prompt Payment Policy

This procurement and the Contract(s) to be awarded pursuant to this solicitation are subject to the Prompt
Payment Policy Directive issued by the Governors Office of Minority Affairs (GOMA) and dated August 1,
2008. Promulgated pursuant to Md. Code Ann., State Finance and Procurement Article, 11-201, 13-205(a),
and Title 14, Subtitle 3, and COMAR 21.01.01.03 and 21.11.03.01, the Directive seeks to ensure the prompt
payment of all subcontractors on non-construction procurement contracts. The Contractor must comply with the
prompt payment requirements outlined in the Contract, Section 31 Prompt Payment (see Attachment A).
Additional information is available on GOMAs website at: http://goma.maryland.gov/Legislation
%20Docs/PROMPTPAYMENTFAQs_000.pdf
1.32 Electronic Procurements Authorized

A.
Under COMAR 21.03.05, unless otherwise prohibited by law, the Department may conduct procurement
transactions by electronic means, including the solicitation, bidding, award, execution, and administration of a
contract, as provided in Md. Code Ann., Maryland Uniform Electronic Transactions Act, Commercial Law
Article, Title 21.
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B.
Participation in the solicitation process on a procurement contract for which electronic means has been
authorized shall constitute consent by the Bidder/Offeror to conduct by electronic means all elements of the
procurement of that Contract which are specifically authorized under the solicitation or the Contract.
C.
Electronic means refers to exchanges or communications using electronic, digital, magnetic, wireless,
optical, electromagnetic, or other means of electronically conducting transactions. Electronic means includes
facsimile, e-mail, internet-based communications, electronic funds transfer, specific electronic bidding
platforms (e.g., https://emaryland.buyspeed.com/bso/), and electronic data interchange.
D.
In addition to specific electronic transactions specifically authorized in other sections of this solicitation (e.g.,
1.30 Payments by Electronic Funds Transfer) and subject to the exclusions noted in section E of this
subsection, the following transactions are authorized to be conducted by electronic means on the terms
described:
1. The Procurement Officer may conduct the procurement using eMM, e-mail, or facsimile to issue:
(a)
(b)
(c)
(d)
(e)
the solicitation (e.g., the IFB/RFP);

any amendments;
pre-Bid/Proposal conference documents;
questions and responses;
communications regarding the solicitation or Bid/Proposal to any Bidder/Offeror or potential
Bidder/Offeror;
(f) notices of award selection or non-selection; and
(g) the Procurement Officers decision on any Bid protest or Contract claim.
2.
A Bidder/Offeror or potential Bidder/Offeror may use e-mail or facsimile to:

(a) ask questions regarding the solicitation;
(b) reply to any material received from the Procurement Officer by electronic means that includes a
Procurement Officers request or direction to reply by e-mail or facsimile, but only on the terms
specifically approved and directed by the Procurement Officer;
(c) submit a "No Bid/Proposal Response" to the solicitation.
3. The Procurement Officer, the Contract Monitor, and the Contractor may conduct day-to-day Contract
administration, except as outlined in Section E of this subsection utilizing e-mail, facsimile, or other
electronic means if authorized by the Procurement Officer or Contract Monitor.
E.
The following transactions related to this procurement and any Contract awarded pursuant to it are not
authorized to be conducted by electronic means:
1.
2.
3.
4.
submission of initial Bids or Proposals;

filing of Bid Protests;
filing of Contract Claims;
submission of documents determined by the Department to require original signatures (e.g., Contract
execution, Contract modifications, etc.); or
5. any transaction, submission, or communication where the Procurement Officer has specifically directed
that a response from the Contractor or Bidder/Offeror be provided in writing or hard copy.
F.
Any facsimile or e-mail transmission is only authorized to the facsimile numbers or e-mail addresses for the
identified person as provided in the solicitation, the Contract, or in the direction from the Procurement Officer
or Contract Monitor.
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1.33 Minority Business Enterprise Goal and Subgoals

(If there is no MBE goal for this solicitation, enter only the following sentence for this section and delete the
remainder of this section:)
There is no MBE subcontractor participation goal for this procurement.
(If there is an MBE goal for this solicitation, enter and complete the following language for this section:)
1.33.1
Establishment of Goal and Subgoals.
An overall MBE subcontractor participation goal of (MBE goal percentage)% of the total contract dollar amount has
been established for this procurement.
In addition, the following subgoals have been established for this procurement:
(African-American subgoal percentage)% for African-American MBEs,

(Asian-American subgoal percentage)% for Asian-American MBEs,
(Hispanic-American subgoal percentage)% for Hispanic-American MBEs, and
(Woman-Owned subgoal percentage)% for Woman-Owned MBEs.
Notwithstanding any subgoals established above, the Contractor is encouraged to use a diverse group of
subcontractors and suppliers from any/all of the various MBE classifications to meet the remainder of the overall
MBE participation goal.
(After completing the MBE Subgoal Worksheet pursuant to the MBE Subgoal Guidance, (i) insert the subgoal
amounts for the applicable subgoals above, and (ii) delete any of the above subgoals that do not apply to this
solicitation. If after the completion of the MBE Subgoal Worksheet no subgoals are established, then the following
sentence should be included instead, in black font:)
There are no MBE subcontractor participation subgoals for this procurement.
1.33.2 Attachments D-1 to D-5 The following Minority Business Enterprise participation instructions, and forms
are provided to assist Bidders/Offerors:
Attachment D-1A
Attachment D-1B
Attachment D-1C
Attachment D-2
Attachment D-3A
Attachment D-3B
Attachment D-4A
Attachment D-4B
Attachment D-5
MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule
(must be submitted with Bid/Proposal)
Waiver Guidance
Good Faith Efforts Documentation to Support Waiver Request
Outreach Efforts Compliance Statement
MBE Subcontractor Project Participation Certification
MBE Prime Project Participation Certification
Prime Contractor Paid/Unpaid MBE Invoice Report
MBE Prime Contractor Report
Subcontractor/Contractor Unpaid MBE Invoice Report
1.33.3 A Bidder/Offeror shall include with its Bid/Proposal a completed MBE Utilization and Fair Solicitation
Affidavit (Attachment D-1A) whereby:
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(a)
The Bidder/Offeror acknowledges the certified MBE participation goal and commits to make a good
faith effort to achieve the goal and any applicable subgoals, or requests a waiver, and affirms that MBE
subcontractors were treated fairly in the solicitation process; and
(b)
The Bidder/Offeror responds to the expected degree of MBE participation, as stated in the solicitation,
by identifying the specific commitment of certified MBEs at the time of Bid/Proposal submission. The
Bidder/Offeror shall specify the percentage of total contract value associated with each MBE
subcontractor identified on the MBE participation schedule, including any work performed by the MBE
Prime (including a Prime participating as a joint venture) to be counted towards meeting the MBE
participation goals.
(c)
A Bidder/Offeror requesting a waiver should review Attachment D-1B (Waiver Guidance) and D-1C
(Good Faith Efforts Documentation to Support Waiver Request) prior to submitting its request.
If a Bidder/Offeror fails to submit a completed Attachment D-1A with the Bid/Proposal as required, the
Procurement Officer shall determine that the Bid is non-responsive or the Proposal is not reasonably susceptible
of being selected for award.
1.33.4 Bidders/Offerors are responsible for verifying that each MBE (including any MBE Prime and/or MBE Prime
participating in a joint venture) selected to meet the goal and any subgoals and subsequently identified in
Attachment D-1A is appropriately certified and has the correct NAICS codes allowing it to perform the
committed work.
1.33.5 Within ten (10) Business Days from notification that it is the recommended awardee or from the date of the
actual award, whichever is earlier, the Bidder/Offeror must provide the following documentation to the
Procurement Officer.
(a)
Outreach Efforts Compliance Statement (Attachment D-2).
(b)
MBE Subcontractor/Prime Project Participation Certification (Attachment D-3A/3B).
(c)
If the recommended awardee believes a waiver (in whole or in part) of the overall MBE goal or of any
applicable subgoal is necessary, the recommended awardee must submit a fully-documented waiver
request that complies with COMAR 21.11.03.11.
(d)
Any other documentation required by the Procurement Officer to ascertain Bidder/Offeror

responsibility in connection with the certified MBE subcontractor participation goal or any applicable
subgoals.
If the recommended awardee fails to return each completed document within the required time, the Procurement
Officer may determine that the recommended awardee is not responsible and, therefore, not eligible for Contract
award. If the Contract has already been awarded, the award is voidable.
1.33.6 A current directory of certified MBEs is available through the Maryland State Department of Transportation
(MDOT), Office of Minority Business Enterprise, 7201 Corporate Center Drive, Hanover, Maryland 21076.
The phone numbers are (410) 865-1269, 1-800-544-6056, or TTY (410) 865-1342. The directory is also
available on the MDOT website at http://mbe.mdot.state.md.us/directory/. The most current and up-to-date
information on MBEs is available via this website. Only MDOT-certified MBEs may be used to meet the
MBE subcontracting goals.
1.33.7 The Contractor, once awarded a Contract, will be responsible for submitting or requiring its subcontractor(s)
to submit the following forms to provide the State with ongoing monitoring of MBE Participation:
(a) Attachment D-4A (Prime Contractor Paid/Unpaid MBE Invoice Report).
19
(b) Attachment D- 4B (MBE Prime Contractor Report, if applicable)

(c) Attachment D-5 (MBE Subcontractor/Contractor Unpaid MBE Invoice Report).
1.33.8 A Bidder/Offeror that requested a waiver of the goal or any of the applicable subgoals will be responsible for
submitting the Good Faith Efforts Documentation to Support Waiver Request (Attachment D-1C) and all
documentation within ten (10) Business Days from notification that it is the recommended awardee or from
the date of the actual award, whichever is earlier, as required in COMAR 21.11.03.11.
1.33.9 All documents, including the MBE Utilization and Fair Solicitation Affidavit & MBE Participation
Schedule (Attachment D-1A), completed and submitted by the Bidder/Offeror in connection with its certified
MBE participation commitment shall be considered a part of the resulting Contract and are hereby expressly
incorporated into the Contract by reference thereto. All of the referenced documents will be considered a part
of the Bid/Proposal for order of precedence purposes (see Contract Attachment A, Section 2.1).
1.33.10The Bidder/Offeror is advised that liquidated damages will apply in the event the Contractor fails to comply in
good faith with the requirements of the MBE program and pertinent Contract provisions. (See Contract
Attachment A, Section 32).
1.33.11 As set forth in COMAR 21.11.03.12-1(D), when a certified MBE firm participates on a Contract as a Prime
Contractor (including a joint-venture where the MBE firm is a partner), a procurement agency may count the
distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own
work force towards fulfilling up to fifty-percent (50%) of the MBE participation goal (overall) and up to one
hundred percent (100%) of not more than one of the MBE participation sub-goals, if any, established for the
contract.
In order to receive credit for self-performance, an MBE Prime must list its firm in Section 4A of the MBE
Participation Schedule (Attachment D-1A) and include information regarding the work it will self-perform.
For the remaining portion of the overall goal and the sub-goals, the MBE Prime must also identify certified
MBE subcontractors (see Section 4B of the MBE Participation Schedule (Attachment D-1A) used to meet
those goals. If dually-certified, the MBE Prime can be designated as only one of the MBE sub-goal
classifications but can self-perform up to 100% of the stated sub-goal.
As set forth in COMAR 21.11.03.12-1, once the Contract work begins, the work performed by a certified
MBE firm, including an MBE Prime, can only be counted towards the MBE participation goal(s) if the MBE
firm is performing a commercially useful function on the Contract.
1.33.12 With respect to Contract administration, the Contractor shall:
(a) Submit to the Departments designated representative by the 10th of the month following the reporting
period:
i.
A Prime Contractor Paid/Unpaid MBE Invoice Report (Attachment D-4A) listing any unpaid
invoices, over 45 days old, received from any certified MBE subcontractor, the amount of each
invoice and the reason payment has not been made; and
ii.
(If Applicable) An MBE Prime Contractor Report (Attachment D-4B) identifying an MBE Primes
self-performing work to be counted towards the MBE participation goals.
(b) Include in its agreements with its certified MBE subcontractors a requirement that those subcontractors
submit to the Departments designated representative by the 10th of the month following the reporting
period an MBE Subcontractor Paid/Unpaid Invoice Report (Attachment D-5) that identifies the Contract
and lists all payments to the MBE subcontractor received from the Contractor in the preceding reporting
period month, as well as any outstanding invoices, and the amounts of those invoices.
(c) Maintain such records as are necessary to confirm compliance with its MBE participation obligations.
20
These records must indicate the identity of certified minority and non-minority subcontractors employed
on the Contract, the type of work performed by each, and the actual dollar value of work performed.
Subcontract agreements documenting the work performed by all MBE participants must be retained by
the Contractor and furnished to the Procurement Officer on request.
(d) Consent to provide such documentation as reasonably requested and to provide right-of-entry at
reasonable times for purposes of the States representatives verifying compliance with the MBE
participation obligations. Contractor must retain all records concerning MBE participation and make them
available for State inspection for three years after final completion of the Contract.
(e) Upon completion of the Contract and before final payment and/or release of retainage, submit a final
report in affidavit form and under penalty of perjury, of all payments made to, or withheld from MBE
subcontractors.
1.34 Living Wage Requirements

Maryland law requires that Contractors meeting certain conditions pay a living wage to covered employees on State
service contracts over $100,000. Maryland Code, State Finance and Procurement, 18-101 et al. The Commissioner
of Labor and Industry at the Department of Labor, Licensing and Regulation requires that a Contractor subject to the
Living Wage law submit payroll records for covered employees and a signed statement indicating that it paid a living
wage to covered employees; or receive a waiver from Living Wage reporting requirements. See COMAR 21.11.10.05.
If subject to the Living Wage law, Contractor agrees that it will abide by all Living Wage law requirements, including
but not limited to reporting requirements in COMAR 21.11.10.05. Contractor understands that failure of Contractor
to provide such documents is a material breach of the terms and conditions and may result in Contract termination,
disqualification by the State from participating in State contracts, and other sanctions.
Additional information regarding the States living wage requirement is contained in Attachment G.
Bidders/Offerors must complete and submit the Maryland Living Wage Requirements Affidavit of Agreement
(Attachment G-1) with their Bid/Proposal. If a Bidder/Offeror fails to complete and submit the required
documentation, the State may determine a Bidder/Offeror to be not responsible under State law.
Contractors and subcontractors subject to the Living Wage Law shall pay each covered employee at least the
minimum amount set by law for the applicable Tier area. The specific living wage rate is determined by whether a
majority of services take place in a Tier 1 Area or Tier 2 Area of the State. The Tier 1 Area includes Montgomery,
Prince Georges, Howard, Anne Arundel and Baltimore Counties, and Baltimore City. The Tier 2 Area includes any
county in the State not included in the Tier 1 Area. In the event that the employees who perform the services are not
located in the State, the head of the unit responsible for a State Contract pursuant to 18-102(d) of the State Finance
and Procurement Article shall assign the tier based upon where the recipients of the services are located.
The Contract resulting from this solicitation will be determined to be a Tier 1 Contract or a Tier 2 Contract depending
on the location(s) from which the Contractor provides 50% or more of the services. The Bidder/Offeror must identify
in its Bid/Proposal the location(s) from which services will be provided, including the location(s) from which 50% or
more of the Contract services will be provided.
If the Contractor provides 50% or more of the services from a location(s) in a Tier 1 jurisdiction(s) the
Contract will be a Tier 1 Contract.
If the Contractor provides 50% or more of the services from a location(s) in a Tier 2 jurisdiction(s),
the Contract will be a Tier 2 Contract.
If the Contractor provides more than 50% of the services from an out-of-State location, the State
agency determines the wage tier based on where the majority of the service recipients are located. In
21
this circumstance, this Contract will be determined to be a Tier (enter 1 or 2, depending on where
the majority of the service recipients are located) Contract.
Information pertaining to reporting obligations may be found by going to the Maryland Department of Labor,
Licensing and Regulation (DLLR) website http://www.dllr.state.md.us/labor/prev/livingwage.shtml.
NOTE: Whereas the Living Wage may change annually, the Contract price may not be changed because
of a Living Wage change.
1.35 Federal Funding Acknowledgement

(If the Contract to be awarded under this procurement does not contain Federal funds, enter only the following
sentence for this section and delete the rest:)
This Contract does not contain Federal funds.
(If the Contract to be awarded under this procurement does contain Federal funds, enter and complete the following
language for this section:)
1.35.1 There are programmatic conditions that apply to this Contract due to Federal funding. (see Attachment H).
1.35.2 The total amount of Federal funds allocated for the (name of administration or facility) is $(Federal funds
amount) in Maryland State fiscal year (current fiscal year). This represents (divide Federal funds amount by
the total of the units budget)% of all funds budgeted for the unit in that fiscal year. This does not necessarily
represent the amount of funding available for any particular grant, contract, or solicitation.
1.35.3 This Contract contains federal funds. The source of these federal funds is: (name of Federal program for
funds source i.e., Medicaid, Ryan White, Title X, etc.). The CFDA number is: (Catalog of Federal Domestic
Assistance number). The conditions that apply to all federal funds awarded by the Department are contained
in Federal Funds Attachment H. Any additional conditions that apply to this particular federally-funded
contract are contained as supplements to Federal Funds Attachment H and Bidders/Offerors are to complete
and submit these Attachments with their Bid/Proposal as instructed in the Attachments. Acceptance of this
agreement indicates the Bidder/Offerors intent to comply with all conditions, which are part of this Contract.
1.36 Conflict of Interest Affidavit and Disclosure

(If a Conflict of Interest Affidavit is not required for this solicitation, enter only the following language for this
section and delete the rest:)
A Conflict of Interest Affidavit is not required pursuant to COMAR 21.05.08.08(F) for this procurement. A Bidder is
required to disclose to the Procurement Officer any actual or potential conflict of interest as it arises, before or after
award, in accordance with COMAR 21.05.08.08.
(If a Conflict of Interest Affidavit is required for this solicitation, enter the following language for this section:)
Bidders/Offerors shall complete and sign the Conflict of Interest Affidavit and Disclosure (Attachment I) and
submit it with their Bid/Proposal. All Bidders/Offerors are advised that if a Contract is awarded as a result of this
solicitation, the successful Contractors personnel who perform or control work under this Contract and each of
the participating subcontractor personnel who perform or control work under this Contract shall be required to
complete agreements substantially similar to Attachment I Conflict of Interest Affidavit and Disclosure. For
22
policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR
21.05.08.08.
1.37 Non-Disclosure Agreement

(If a Non-Disclosure Agreement is not required for this solicitation, enter only the following sentence for this section
and delete the rest:)
A Non-Disclosure Agreement is not required for this procurement.
(If a Non-Disclosure Agreement is required for this solicitation, enter the following language for this section:)
All Bidders/Offerors are advised that this solicitation and any resultant Contract(s) are subject to the terms of the
Non-Disclosure Agreement (NDA) contained in this solicitation as Attachment J. This Agreement must be
provided within five (5) Business Days of notification of proposed Contract award; however, to expedite
processing, it is suggested that this document be completed and submitted with the Bid/Proposal.
1.38 HIPAA - Business Associate Agreement

(If a HIPAA Business Associate Agreement is not required for this solicitation, enter only the following sentence for
this section and delete the rest:)
A HIPAA Business Associate Agreement is not required for this procurement.
(If a HIPAA Business Associate Agreement is required for this solicitation, enter the following language for this
section, and select the appropriate Contract clause for Section 36 of the Contract Attachment A:)
Based on the determination by the Department that the functions to be performed in accordance with this solicitation
constitute Business Associate functions as defined in HIPAA, the recommended awardee shall execute a Business
Associate Agreement as required by HIPAA regulations at 45 C.F.R. 164.501 and set forth in Attachment K. This
Agreement must be provided within five (5) Business Days of notification of proposed Contract award; however, to
expedite processing, it is suggested that this document be completed and submitted with the Bid/Proposal. Should the
Business Associate Agreement not be submitted upon expiration of the five (5) Business Day period as required by
this solicitation, the Procurement Officer, upon review of the Office of the Attorney General and approval of the
Secretary, may withdraw the recommendation for award and make the award to the responsible Bidder/Offeror with
the next lowest Bid or next highest overall-ranked Proposal.
1.39 Nonvisual Access

(If this solicitation does not contain Information Technology (IT) provisions, enter only the following sentence for
this section and delete the rest:)
This solicitation does not contain Information Technology (IT) provisions requiring Nonvisual Access.
(If this solicitation does contain Information Technology (IT) provisions, enter the following language for this
section:)
By submitting a Bid/Proposal, the Bidder/Offeror warrants that the information technology offered under the
Bid/Proposal: (1) provides equivalent access for effective use by both visual and nonvisual means; (2) will present
information, including prompts used for interactive communications, in formats intended for both visual and
23
nonvisual use; (3) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and
disseminating information used by individuals who are not blind or visually impaired; and (4) is available, whenever
possible, without modification for compatibility with software and hardware for nonvisual access. The
Bidder/Offeror further warrants that the cost, if any, of modifying the information technology for compatibility with
software and hardware used for nonvisual access will not increase the cost of the information technology by more
than five percent (5%). For purposes of this solicitation and resulting Contract, the phrase equivalent access means
the ability to receive, use, and manipulate information and to operate controls necessary to access and use information
technology by nonvisual means. Examples of equivalent access include keyboard controls used for input and
synthesized speech, Braille, or other audible or tactile means used for output.
The Nonvisual Access Clause noted in COMAR 21.05.08.05 and referenced in this solicitation is the basis for the
standards that have been incorporated into the Maryland regulations. See www.doit.maryland.gov, keyword: NVA.
1.40 Mercury and Products That Contain Mercury

(If this solicitation does not include the procurement of products known to likely include mercury as a component
(ex. thermometers, thermostats, fluorescents, LCD screens, laptops and computers, some batteries), enter only the
following sentence for this section and delete the rest:)
This solicitation does not include the procurement of products known to likely include mercury as a component.
(If this solicitation does include the procurement of products known to likely include mercury as a component, choose
and enter the following Option language for this section, as applicable:)
(Option 1. This clause provides a price preference to only those products that are mercury-free. Enter the
percentage preference as X.)
The Department shall give a price preference of X percent (X%) (not to exceed 5%; see COMAR 21.05.08.09) to
Bids/Proposals for products or equipment that are mercury-free. The Bidder/Offeror must submit a Mercury Affidavit
in the form of Attachment L with its Bid/Proposal.
(Option 2. This clause provides a price preference to those products that are mercury-free or which provide
the least amount of mercury. Enter the percentage preference as X.)
The Department shall give a price preference of X percent (X%) (not to exceed 5%; see COMAR 21.05.08.09) to
Bids/Proposals for products or equipment that are mercury-free or, if mercury-free products or equipment are not
offered, to the Bids/Proposals for products or equipment containing the least amount of mercury necessary to meet
performance requirements. The Bidder/Offeror must submit a Mercury Affidavit in the form of Attachment L with
its Bid/Proposal.
(Option 3. This clause requires that all products be mercury-free.)
All products or equipment provided pursuant to this solicitation shall be mercury-free products. The Bidder/Offeror
must submit a Mercury Affidavit in the form of Attachment L with its Bid/Proposal.
1.41 Veteran-Owned Small Business Enterprise Goals

(If there is no VSBE goal for this solicitation, enter only the following sentence for this section, and delete the rest:)
There is no Veteran-Owned Small Business Enterprise (VSBE) subcontractor participation goal for this procurement.
(If there is a VSBE goal for this solicitation, enter and complete the following language for this section:)
1.41.1 NOTICE TO BIDDERS/OFERORS
24
Questions or concerns regarding the Veteran-Owned Small Business Enterprise (VSBE) subcontractor participation
goal of this solicitation must be raised before the due date for submission of Bids/Proposals.
1.41.2 PURPOSE
The Contractor shall structure its procedures for the performance of the work required in this Contract to attempt to
achieve the VSBE subcontractor participation goal stated in this solicitation. VSBE performance must be in
accordance with this section and Attachment M, as authorized by COMAR 21.11.13. The Contractor agrees to
exercise all good faith efforts to carry out the requirements set forth in this section and Attachment M.
Veteran-Owned Small Business Enterprises, or VSBEs, must be verified by the Center for Veterans Enterprise of the
United States Department of Veterans Affairs. The listing of verified VSBEs may be found at http://www.vetbiz.gov.
1.41.3 VSBE GOALS
A VSBE subcontract participation goal of (VSBE goal percentage)% of the total Contract dollar amount has been
established for this procurement. By submitting a response to this solicitation, the Bidder or Offeror agrees that this
percentage of the total dollar amount of the Contract will be performed by verified veteran-owned small business
enterprises.
1.41.4 SOLICITATION AND CONTRACT FORMATION
A Bidder/Offeror must include with its Bid/Proposal a completed Veteran-Owned Small Business Enterprise
Utilization Affidavit and Subcontractor Participation Schedule (Attachment M-1) whereby:
(1) the Bidder/Offeror acknowledges it: a) intends to meet the VSBE participation goal; or b) requests a full or
partial waiver of the VSBE participation goal. If the Bidder/Offeror commits to the full VSBE goal or
requests a partial waiver, it shall commit to making a good faith effort to achieve the stated goal.
(2) the Bidder/Offeror responds to the expected degree of VSBE participation as stated in the solicitation, by
identifying the specific commitment of VSBEs at the time of Bid/Proposal submission. The Bidder/Offeror
shall specify the percentage of contract value associated with each VSBE subcontractor identified on the
VSBE Participation Schedule.
If a Bidder/Offeror fails to submit Attachment M-1 with the Bid/Proposal as required, the Procurement Officer
may determine that the Bid is non-responsive or that the Proposal is not reasonably susceptible of being selected
for award.
Within 10 Business Days from notification that it is apparent awardee, the awardee must provide the following
documentation to the Procurement Officer.
(1) VSBE Project Participation Statement (Attachment M-2);
(2) If the apparent awardee believes a full or partial waiver of the overall VSBE goal is necessary, it must submit
a fully-documented waiver request that complies with COMAR 21.11.13.07; and
(3) Any other documentation required by the Procurement Officer to ascertain Bidder/Offeror responsibility in
connection with the VSBE subcontractor participation goal.
If the apparent awardee fails to return each completed document within the required time, the Procurement
Officer may determine that the apparent awardee is not responsible and therefore not eligible for contract award.
25
1.41.5 CONTRACT ADMINISTRATION REQUIREMENTS

The Contractor, once awarded the Contract shall:
(1) Submit monthly to the Department a report listing any unpaid invoices, over 45 days old, received from any
VSBE subcontractor, the amount of each invoice, and the reason payment has not been made. (Attachment
M-3)
(2) Include in its agreements with its VSBE subcontractors a requirement that those subcontractors submit
monthly to the Department a report that identifies the prime contract and lists all payments received from
Contractor in the preceding 30 days, as well as any outstanding invoices, and the amount of those invoices.
(Attachment M-4)
(3) Maintain such records as are necessary to confirm compliance with its VSBE participation obligations. These
records must indicate the identity of VSBE and non-VSBE subcontractors employed on the contract, the type
of work performed by each, and the actual dollar value of work performed. The subcontract agreement
documenting the work performed by all VSBE participants must be retained by the Contractor and furnished
to the Procurement Officer on request.
(4) Consent to provide such documentation as reasonably requested and to provide right-of-entry at reasonable
times for purposes of the States representatives verifying compliance with the VSBE participation
obligations. The Contractor must retain all records concerning VSBE participation and make them available
for State inspection for three years after final completion of the Contract.
(5) At the option of the procurement agency, upon completion of the Contract and before final payment and/or
release of retainage, submit a final report in affidavit form and under penalty of perjury, of all payments made
to, or withheld from VSBE subcontractors.
1.42 Location of the Performance of Services Disclosure

(If this procurement is not anticipated to have an estimated value of $2,000,000.00 or more, enter only the following
This solicitation does not require a Location of the Performance of Services Disclosure.
(If this procurement is anticipated to have an estimated value of $2,000,000.00 or more, enter the following language
for this section:)
The Bidder/Offeror is required to complete the Location of the Performance of Services Disclosure. A copy of this
Disclosure is included as Attachment N. The Disclosure must be provided with the Bid/Proposal.
1.43 Department of Human Resources (DHR) Hiring Agreement

(If this solicitation does not require a DHR Hiring Agreement, enter only the following sentence for this section and
delete the rest:)
This solicitation does not require a DHR Hiring Agreement.
(If this solicitation does require a DHR Hiring Agreement, enter the following language for this section:)
All Bidders/Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful
Bidder/Offeror will be required to complete a DHR Hiring Agreement. A copy of this Affidavit is included as
26
Attachment O. This Affidavit must be provided within five (5) Business Days of notification of proposed Contract
award.
1.44 Small Business Reserve (SBR) Procurement

(If this solicitation is not designated as a Small Business Reserve (SBE) Procurement, enter only the following
This solicitation is not designated as a Small Business Reserve (SBE) Procurement.
(If this solicitation is designated as a Small Business Reserve (SBE) Procurement, enter the following language for
this section:)
This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors.
Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, 14-501
14-505, Annotated Code of Maryland, and that are certified by the Department of General Services Small Business
Reserve Program are eligible for award of a contract.
For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a
broker, that meets the following criteria:
A. It is independently owned and operated;
B. It is not a subsidiary of another business;
C. It is not dominant in its field of operation; and
D. Either:
(1) With respect to employees:
(a) Its wholesale operations did not employ more than 50 persons in its most recently completed 3 fiscal
years;
(b) Its retail operations did not employ more than 25 persons in its most recently completed 3 fiscal years;
(c) Its manufacturing operations did not employ more than 100 persons in its most recently completed 3
fiscal years;
(d) Its service operations did not employ more than 100 persons in its most recently completed 3 fiscal
years;
(e) Its construction operations did not employ more than 50 persons in its most recently completed 3
fiscal years; and
(f) The architectural and engineering services of the business did not employ more than 100 persons in its
most recently completed 3 fiscal years; or
(2) With respect to gross sales:
27
(a) The gross sales of its wholesale operations did not exceed an average of $4,000,000 in its most
recently completed 3 fiscal years;
(b) The gross sales of its retail operations did not exceed an average of $3,000,000 in its most recently
completed 3 fiscal years;
(c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000 in its most
recently completed 3 fiscal years;
(d) The gross sales of its service operations did not exceed an average of $10,000,000 in its most recently
completed 3 fiscal years;
(e) The gross sales of its construction operations did not exceed an average of $7,000,000 in its most
recently completed 3 fiscal years; and
(f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000
in its most recently completed 3 fiscal years.
Note: If a business has not existed for 3 years, the employment and gross sales average or averages shall
be the average for each year or part of a year during which the business has been in existence.
Further information on the certification process is available at eMaryland Marketplace.
F. Ineligible Bids or Proposals. Under a small business reserve procurement, a business that is not a certified small
business is ineligible for award of a contract.
G. Before awarding a contract under a procurement designated as a small business reserve procurement, the
Procurement Officer shall verify that the apparent awardee is certified by the Department of General Services as a
small business. A procurement contract award under a small business reserve may not be made to a business that
has not been certified.
H. Reporting. The designated procurement units shall submit a report on the Small Business Reserve Program
annually as required under COMAR 21.13.01.03B.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
28
SECTION 2 MINIMUM QUALIFICATIONS

2.1
Bidder Minimum Qualifications
(If there are no Bidder Minimum Qualifications for this solicitation, enter only the following sentence for this section
and delete the rest:)
There are no Bidder Minimum Qualifications for this procurement.
(If there are Bidder Minimum Qualifications for this solicitation, enter the following language as applicable for this
section and insert a numbered list of all Bidder Minimum Qualifications. These Minimum Qualifications are
requirements that must be met by a vendor in order to submit a Bid, including any licensures or certifications, years of
experience, 501(c)(3) status, CBO, other designations, etc. These are not to be service requirements or deliverables
under the Contract (those are detailed in Section 3). Include requirements of proof that must be included with a
Bidders bid (ex. copies of licenses, certificates, etc.). It is not mandatory to have Minimum Qualifications, and
having them can sometimes inhibit competition, but if a bottom-line requirement must be met, using Minimum
Qualifications is a good way to set the bar.)
The Bidder must provide proof with its Bid that the following Minimum Qualifications have been met:
2.1.1
The Bidder shall have . . . (ex. three (3) years of experience providing . . .). As proof of meeting this
requirement, the Bidder shall provide with its Bid . . . (ex. three (3) references from the past five years able to
attest to the Bidders experience in providing . . .).
2.1.2
The Bidder shall be certified . . . (ex. by the Maryland Insurance Administration as a . . . ). As proof of
meeting this requirement, the Bidder shall provide with its Bid . . . (ex. a current certificate issued by the
Maryland Insurance Administration evidencing the Bidders certification as a . . .)
2.1.3
29
SECTION 3 SCOPE OF WORK

3.1
Background and Purpose
(Provide a description of the purpose of this solicitation, and any background information that may be helpful to
vendors in preparing the responses. A summary of this section should be included in Section 1.1 of this solicitation).
The State is issuing this solicitation for the purposes of . . .
3.2
Scope of Work - Requirements
The Contractor shall:

(Insert Contract Specifications into the Solicitation here. This is the most important section of the solicitation, and the
meat of the procurement. Any product or service deliverables, milestones, or deadlines must be identified here,
including reports specific to the Scope of Work requirements. The specifications must clearly articulate what the
States requirements are and readers should understand exactly what the State intends to procure. The specifications
need to be clearly written so that payment can be made appropriately, work (un)performed can be identified, and the
contractual rights of the State can be enforced. Use the term Contractor, not Bidder/Offeror, throughout this
Section as these are Contractual requirements. State your requirements in an outline format that is organized logically
with proper headings for each main section (ex. Staffing; Reports; etc.), using proper outline formatting with tabs to
differentiate subsections. See formatting example below:)
3.2.1
General Requirements
3.2.1.1
A.
B.
1.
2.
C.
3.2.1.2
A.
1.
2.
3.
B.
3.2.2
Staffing
3.2.2.1
3.2.2.2
A.
B.
3.2.2.3
3.2.3
Reports . . .
30
3.3
Security Requirements
3.3.1
Employee Identification
3.3.2
3.3.3
(a)
Each person who is an employee or agent of the Contractor or subcontractor shall display his or her
company ID badge at all times while on State premises. Upon request of authorized State personnel,
each such employee or agent shall provide additional photo identification.
(b)
At all times at any facility, the Contractors personnel shall cooperate with State site requirements that
include but are not limited to being prepared to be escorted at all times, providing information for badge
issuance, and wearing the badge in a visible location at all times.
Information Technology
(a)
Contractors shall comply with and adhere to the State IT Security Policy and Standards. These policies
may be revised from time to time and the Contractor shall comply with all such revisions. Updated and
revised versions of the State IT Policy and Standards are available online at: www.doit.maryland.gov
keyword: Security Policy.
(b)
The Contractor shall not connect any of its own equipment to a State LAN/WAN without prior written
approval by the State. The Contractor shall complete any necessary paperwork as directed and
coordinated with the Contract Monitor to obtain approval by the State to connect Contractor-owned
equipment to a State LAN/WAN.
Criminal Background Check

(Use only one of the paragraphs below; delete all others. If no background check is required, delete this
section 3.3.3.)
(Contractor Is Responsible for Background Check)
The Contractor shall obtain from each prospective employee a signed statement permitting a criminal
background check. The Contractor shall secure at its own expense a Maryland State Police and/or FBI
background check and shall provide the Contract Monitor with completed checks on all new employees prior
to assignment. The Contractor may not assign an employee with a criminal record unless prior written
approval is obtained from the Contract Monitor.
(Temporary Personnel Contracts)
The Contractor shall obtain criminal background checks on candidates it sends for employment at the
Department. At a minimum, these checks must contain convictions and probation before judgment (PBJ)
pleadings within the State of Maryland. These checks may be performed by public or private entities. Prior
to placement of a temporary employee, the Contract Monitor must review the background check to determine
if the candidate is acceptable based on the specific duties that need to be fulfilled and the circumstances
surrounding the conviction or PBJ pleading. Being convicted is not in itself a bar to placement. Decisions of
the Contract Monitor as to acceptability of a candidate are final.
(Administration/Facility Is Responsible for Background Check)
The Contractor shall obtain from each individual assigned to work on the Contract a statement permitting a
criminal background check. The Department will obtain a criminal background check for each individual
using a source of its choosing. The Contract Monitor reserves the right to reject any individual based upon
the results of the background check.
31
3.4
Insurance Requirements
(The insurance requirements and minimums stated below are general examples, and may not reflect the necessary
requirements and minimums for your Scope of Work. Some of the insurance requirements and minimums below may
place an undue burden on the Contractor and its subcontractors, or may not be necessary for the types of services to be
provided. Research sample insurance requirements for the relevant service industry in order to fine-tune these
requirements and minimums for your particular Scope of Work requirements.)
3.4.1
The Contractor shall maintain Commercial General Liability Insurance with limits sufficient to cover losses
resulting from, or arising out of, Contractor action or inaction in the performance of the Contract by the
Contractor, its agents, servants, employees, or subcontractors, but no less than a Combined Single Limit for
Bodily Injury, Property Damage, and Personal and Advertising Injury Liability of $1,000,000 per occurrence
and $3,000,000 aggregate.
3.4.2
The Contractor shall maintain Errors and Omissions/Professional Liability insurance with minimum limits of
$1,000,000 per occurrence.
3.4.3
The Contractor shall maintain Automobile and/or Commercial Truck Insurance as appropriate with Liability,
Collision, and PIP limits no less than those required by the State where the vehicle(s) is registered, but in no
case less than those required by the State of Maryland.
3.4.4
The Contractor shall maintain Employee Theft Insurance with minimum limits of $1,000,000 per occurrence.
3.4.5
Within five (5) Business Days of recommendation for Contract award, the Contractor shall provide the
Contract Monitor with current certificates of insurance, and shall update such certificates from time to time
but no less than annually in multi-year contracts, as directed by the Contract Monitor. Such copy of the
Contractors current certificate of insurance shall contain at minimum the following:
a. Workers Compensation The Contractor shall maintain such insurance as necessary and/or as required
under Workers Compensation Acts, the Longshore and Harbor Workers Compensation Act, and the
Federal Employers Liability Act.
b. Commercial General Liability as required in Section 3.4.1.
c. Errors and Omissions/Professional Liability as required in Section 3.4.2.
d. Automobile and/or Commercial Truck Insurance as required in Section 3.4.3.
e. Employee Theft Insurance as required in Section 3.4.4.
3.4.6
The State shall be listed as an additional insured on the policies with the exception of Workers Compensation
Insurance and Professional Liability Insurance. All insurance policies shall be endorsed to include a clause
that requires that the insurance carrier provide the Contract Monitor, by certified mail, not less than 45 days
advance notice of any non-renewal, cancellation, or expiration. In the event the Contract Monitor receives a
notice of non-renewal, the Contractor shall provide the Contract Monitor with an insurance policy from
another carrier at least 30 days prior to the expiration of the insurance policy then in effect. All insurance
policies shall be with a company licensed by the State to do business and to provide such policies.
3.4.7
The Contractor shall require that any subcontractors providing services under this Contract obtain and
maintain similar levels of insurance and shall provide the Contract Monitor with the same documentation as is
required of the Contractor.
32
3.5
3.5.1
Problem Escalation Procedure

The Contractor must provide and maintain a Problem Escalation Procedure (PEP) for both routine and
emergency situations. The PEP must state how the Contractor will address problem situations as they occur
during the performance of the Contract, especially problems that are not resolved to the satisfaction of the
State within appropriate timeframes.
The Contractor shall provide contact information to the Contract Monitor, as well as to other State
personnel, as directed should the Contract Monitor not be available.
3.5.2
The Contractor must provide the PEP no later than ten (10) Business Days after Contract Commencement.
The PEP, including any revisions thereto, must also be provided within ten (10) Business Days after the
start of each Contract year and within ten (10) Business Days after any change in circumstance which
changes the PEP. The PEP shall detail how problems with work under the Contract will be escalated in
order to resolve any issues in a timely manner. The PEP shall include:
The process for establishing the existence of a problem;

The maximum duration that a problem may remain unresolved at each level in the
Contractors organization before automatically escalating the problem to a higher level for
resolution;
Circumstances in which the escalation will occur in less than the normal timeframe;
The nature of feedback on resolution progress, including the frequency of feedback to be
provided to the State;
Identification of, and contact information for, progressively higher levels of personnel in the
Contractors organization who would become involved in resolving a problem;
Contact information for persons responsible for resolving issues after normal business hours
(e.g., evenings, weekends, holidays, etc.) and on an emergency basis; and
A process for updating and notifying the Contract Monitor of any changes to the PEP.
Nothing in this section shall be construed to limit any rights of the Contract Monitor or the State which may be
allowed by the Contract or applicable law.
3.6
Invoicing
3.6.1
General
(a)
All invoices for services shall be signed by the Contractor and submitted to the Contract Monitor. All
invoices shall include the following information:
Contractor name;
Remittance address;
Federal taxpayer identification number (or if sole proprietorship, the individuals social security
number);
Invoice period;
Invoice date;
Invoice number;
State assigned Contract number;
State assigned (Blanket) Purchase Order number(s);
Goods or services provided; and
33
Amount due.
Invoices submitted without the required information cannot be processed for payment until the
Contractor provides the required information.
(b)
3.6.2
The Department reserves the right to reduce or withhold Contract payment in the event the Contractor
does not provide the Department with all required deliverables within the time frame specified in the
Contract or in the event that the Contractor otherwise materially breaches the terms and conditions of
the Contract until such time as the Contractor brings itself into full compliance with the Contract. Also
see the Living Wage provision of the Contract, if applicable, which allows for withholding of
payment under certain circumstances. Any action on the part of the Department, or dispute of action by
the Contractor, shall be in accordance with the provisions of Md. Code Ann., State Finance and
Procurement Article 15-215 through 15-223 and with COMAR 21.10.02.
Invoice Submission Schedule

The Contractor shall submit invoices in accordance with the following schedule:
(Enter the Contractors invoice submission schedule here; this can be a table with dates for required
deliverables, or a more simple statement such as Invoices are due by the 15 th of the month following the
month in which services were performed. The invoice submission schedule will depend on the type of
contract, e.g., fixed price, indefinite quantity, etc. and service delivery. Invoices and resulting payment should
generally be based on performance for services/goods provided.)
3.7
MBE Reports
If this solicitation includes a MBE Goal (see Section 1.33), the Contractor and its MBE subcontractors shall provide
the following MBE Monthly Reports based upon the commitment to the goal:
3.8
(a)
Attachment D-4A, the MBE Participation Prime Contractor Paid/Unpaid MBE Invoice Report by the
10th of the month following the reporting period to the Contract Monitor and the MBE Liaison Officer.
(b)
Attachment D-4B (if applicable), the MBE Prime Contractor Report by the 10th of the month
following the reporting period to the Contract Monitor and the MBE Liaison Officer.
(c)
Attachment D-5, the MBE Participation Subcontractor Paid/Unpaid MBE Invoice Report by the 10th
of the month following the reporting period to the Contract Monitor and the MBE Liaison Officer.
VSBE Reports
If this solicitation includes a VSBE Goal (see Section 1.41), the Contractor and its VSBE subcontractors shall provide
the following VSBE Monthly Reports based upon the commitment to the goal:
3.9
(a)
Attachment M-3, the VSBE Participation Prime Contractor Paid/Unpaid VSBE Invoice Report by the
10th of the month following the reporting period to the Contract Monitor and the VSBE Liaison Officer.
(b)
Attachment M-4, the VSBE Participation Subcontractor Paid/Unpaid VSBE Invoice Report by the
10th of the month following the reporting period to the Contract Monitor and the VSBE Liaison Officer.
SOC 2 Type II Audit Report

34
(If you determine that a Contractor SOC 2 Type II Report is not required for this Contract, enter only the following
A SOC 2 Type II Report is not a Contractor requirement for this Contract.
Include the following SOC 2 Type II Report clause when the Contractor will collect, process, transmit, store, organize,
maintain, or dispose of critical or sensitive information on behalf of the Department as part of its Contract
responsibilities. Examples of critical or sensitive information processes may include but are not limited to the
following:
Account Receivable or Fee Payment Processing Services
Call Center or Help Desk Services
Collection Agency Services
Information System Hosting or System Services
Management or Cloud Computing Services
Medical or Insurance Claims Processing Services
Payroll Processing Services
Printing and Mailing Processing Services
Records Retention Services
The Contractor shall have an annual audit performed by an independent audit firm of its handling of the Departments
critical functions and/or sensitive information, which is identified as [Department to identify specific critical
functions and/or sensitive information] (collectively referred to as the Information Functions and/or Processes).
Such audits shall be performed in accordance with audit guidance: Reporting on Controls at a Service Organization
Relevant to Security, Availability, Processing Integrity, Confidentiality, or Privacy (SOC 2) as published by the
American Institute of Certified Public Accountants (AICPA) and as updated from time to time, or according to the
most current audit guidance promulgated by the AICPA or similarly-recognized professional organization, as agreed
to by the Department, to assess the security of outsourced client functions or data (collectively, the Guidance) as
follows:
i.
The type of audit to be performed in accordance with the Guidance is a SOC 2 Type II Report. The SOC 2 Report
shall be completed annually at the following intervals: [Department to enter desired intervals. Ex. Report to be
submitted by March 1 for the preceding calendar year.]. The initial SOC 2 Audit shall be scheduled and
completed within a timeframe to be specified by the State of Maryland. All subsequent SOC 2 Audits that are
arranged after this initial audit must be performed on an annual basis.
ii. The SOC 2 Report shall report on a description of the Contractors system and the suitability of the design and
operating effectiveness of controls of the Information Functions and/or Processes relevant to the following trust
principles: [Processing Integrity, Security, Availability, Confidentiality, and/or Privacy Department to choose
which apply] as defined in the Guidance. (Suggest consulting with your Chief Information Officer or a director
of internal audits to determine which trust principles are applicable for your Contract).
iii. The SOC 2 Report shall include work performed by subcontractors that provide essential support to the
Contractor for the Information Functions and/or Processes for the services provided to the Department under the
Contract. The Contractor shall ensure the performance of the SOC 2 Audits includes its subcontractor(s).
iv. All SOC 2 Audits, including the SOC 2 Audits of Contractors subcontractors, shall be performed at the
Contractors expense.
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v. The Contractor shall promptly provide a complete copy of the final SOC 2 Report to the Departments Contract
Monitor upon completion of each SOC 2 Audit engagement.
vi. The Contractor shall provide to the Departments Contract Monitor, within 30 calendar days of the issuance of the
final SOC 2 Report, a documented corrective action plan which addresses each audit finding or exception
contained in the SOC 2 Report. The corrective action plan shall identify in detail the remedial action to be taken
by the Contractor along with the date(s) when each remedial action is to be implemented.
vii. If the Contractor currently has an annual information security assessment performed that includes the operations,
systems, and repositories of the Information Functions and/or Processes services being provided by the Contractor
to the Department under the Contract, and if that assessment generally conforms to the content and objective of
the Guidance, the Department will determine in consultation with appropriate State government technology and
audit authorities whether the Contractors current audits are acceptable in lieu of the SOC 2 Report(s).
viii.If the Contractor fails during the Contract term to obtain an annual SOC 2 Report by [Department to enter date.
Ex. March 1 for the preceding calendar year.], the Department shall have the right to retain an independent audit
firm to perform an audit engagement to issue a SOC 2 Report of the Information Functions and/or Processes
being hosted by the Contractor. The Contractor agrees to allow the independent audit firm to access its facility/ies
for purposes of conducting this audit engagement(s), and provide reasonable support to the independent audit firm
in the performance of the engagement. The Department will invoice the Contractor for the expense of the SOC 2
Audit(s), or deduct the cost from future payments to the Contractor.
3.10 End of Contract Transition

The Contractor shall cooperate in the orderly transition of services from it to a subsequent contractor upon receipt of a
Notice of Termination from the State. Transition shall be provided in a prompt and timely manner, shall proceed in
accordance with the schedule provided to the Contractor by the State in the Notice of Transition, and shall be for a
period of at least ninety (90) days. Additional instructions regarding transition services may be provided in the Notice
of Termination issued by the State.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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SECTION 4 BID FORMAT

4.1
One Part Submission
Bidders shall submit with their Bid all Minimum Qualification documentation required (see Section 2), and all
Required Bid Submissions (see Section 4.4) in a single sealed package/envelope.
4.2
Labeling
Each Bidder is required to label the sealed Bid. The Bid shall bear the IFB title and number, name and address of the
Bidder, and closing date and time for receipt of the Bids.
4.3
Bid Price Form
The Bid shall contain all price information in the format specified on the Bid Form (Attachment F). Complete the
Bid Form only as provided in the Bid Pricing Instructions. Do not amend, alter, or leave blank any items on the Bid
Form or include additional clarifying or contingent language on or attached to the Bid Form. If option years are
included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may result in
the Bid being determined to be non-responsive and rejected by the Department.
4.4
Additional Required Bid Submissions
Bidders shall include the following with their Bid:

4.4.1
Transmittal Letter:
A Transmittal Letter shall accompany the Bid. The purpose of this letter is to transmit the Bid and
acknowledge the receipt of any addenda. The Transmittal Letter should be brief and signed by an individual
who is authorized to commit the Bidder to the services and requirements as stated in this IFB. The
Transmittal Letter should include the following:
Name and address of the Bidder;

Name, title, e-mail address, and telephone number of primary contact for the Bidder;
Solicitation Title and Solicitation Number that the Bid is in response to;
Signature, typed name, and title of an individual authorized to commit the Bidder to its Bid;
Federal Employer Identification Number (FEIN) of the Bidder, or if a single individual, that
individuals Social Security Number (SSN);
Bidders eMM number;
Bidders MBE certification number (if applicable);
Acceptance of all State IFB and Contract terms and conditions (see Section 1.24); and
Acknowledgement of all addenda to this IFB.
Any information which is claimed to be confidential is to be noted by reference and included after the
Transmittal Letter. An explanation for each claim of confidentiality shall be included (see Section 1.14
Confidentiality of Bids).
37
In addition, the Transmittal Letter shall indicate whether the Bidder is the subsidiary of another entity, and if
so, whether all information submitted by the Bidder pertains exclusively to the Bidder. If not, the subsidiary
Bidder shall include a guarantee of performance from its parent organization as part of its Executive
Summary (see RFP Section 1.22 for more information).
4.4.2
Minimum Qualifications Documentation:

The Bidder shall submit any Minimum Qualifications documentation that may be required, as set forth in
Section 2 Bidder Minimum Qualifications.
4.4.3
Completed Required Attachments: Submit three (3) copies of each with original signatures:
a.
b.
c.
4.4.4
Additional Attachments *If Required: Submit three (3) copies of each with original signatures, if required.
* See appropriate IFB Section to determine whether the Attachment is required for this procurement:
a.
b.
c.
d.
e.
f.
4.4.5
Completed Bid Form (Attachment F).

Completed Bid/Proposal Affidavit (Attachment B).
Completed Maryland Living Wage Requirements Affidavit of Agreement (Attachment G-1).
Completed MDOT Certified MBE Utilization and Fair Solicitation Affidavit (Attachment D-1A)
*see Section 1.33.
Completed Federal Funds Attachment (Attachment H) *see Section 1.35.
Completed Conflict of Interest Affidavit and Disclosure (Attachment I) *see Section 1.36.
Completed Mercury Affidavit (Attachment L) *see Section 1.40.
Completed Veteran-Owned Small Business Enterprise (VSBE) Utilization Affidavit and
Subcontractor Participation Schedule. (Attachment M-1) *see Section 1.41.
Completed Location of the Performance of Services Disclosure (Attachment N) *see Section 1.42.
References:
At least three (3) references are requested from customers who are capable of documenting the Bidders
ability to provide the services specified in this IFB. References used to meet any Bidder Minimum
Qualifications (see Section 2) may be used to meet this request. Each reference shall be from a client for
whom the Bidder has provided services within the past five (5) years and shall include the following
information:
a.
b.
c.
Name of client organization;

Name, title, telephone number, and e-mail address, if available, of point of contact for client
organization; and
Value, type, duration, and description of services provided.
The Department reserves the right to request additional references or utilize references not provided by a
Bidder.
4.4.6
List of Current or Prior State Contracts:

Provide a list of all contracts with any entity of the State of Maryland for which the Bidder is currently
performing services or for which services have been completed within the last five (5) years. For each
identified contract, the Bidder is to provide:
a. The State contracting entity;
b. A brief description of the services/goods provided;
38
c.
d.
e.
f.
The dollar value of the contract;

The term of the contract;
The State employee contact person (name, title, telephone number, and, if possible, e-mail address); and
Whether the contract was terminated before the end of the term specified in the original contract,
including whether any available renewal option was not exercised.
Information obtained regarding the Bidders level of performance on State contracts will be considered as part
of the responsibility determination by the Procurement Officer.
4.4.7
Financial Capabilities:
The Bidder shall include Financial Statements, preferably a Profit and Loss (P&L) statement and a Balance
Sheet, for the last two (2) years (independently audited preferred).
4.4.8
Certificate of Insurance:
The Bidder shall provide a copy of the Bidders current certificate of insurance. The recommended awardee
must provide a certificate of insurance with the prescribed limits set forth in Section 3.4 Insurance
Requirements, naming the State as an additional insured if required, within five (5) Business Days from
notification by the Procurement Officer that the Bidder has been determined to be the apparent awardee.
4.4.9
Subcontractors:
The Bidder shall provide a complete list of all subcontractors that will work on the Contract if the Bidder
receives an award, including those utilized in meeting the MBE and/or VSBE subcontracting goal, if
applicable. This list shall include a full description of the duties each subcontractor will perform.
4.4.10 Legal Action Summary:

This summary shall include:
i.
ii.
iii.
iv.
4.5
A statement as to whether there are any outstanding legal actions or potential claims against
the Bidder and a brief description of any action;
A brief description of any settled or closed legal actions or claims against the Bidder over the
past five (5) years;
A description of any judgments against the Bidder within the past five (5) years, including the
case name, number court, and what the final ruling or determination was from the court; and
In instances where litigation is on-going and the Bidder has been directed not to disclose
information by the court, provide the name of the judge and location of the court.
Reciprocal Preference
Although Maryland law does not generally authorize procuring units to favor resident Bidders in awarding
procurement contracts, many other states do grant their resident businesses preferences over Maryland contractors.
Therefore, COMAR 21.05.01.04 permits procuring units to apply a reciprocal preference in favor of a Maryland
resident business under the following conditions:
The Maryland resident business is a responsible Bidder;

The most advantageous Bid is from a responsible Bidder whose principal office or principal operations
through which it would provide the services required under this IFB is in another state;
The other state gives a preference to its resident businesses through law, policy, or practice; and
39
The Maryland resident preference does not conflict with a federal law or grant affecting the procurement
Contract.
The preference given shall be identical to the preference that the other state, through law, policy, or practice gives to
its resident businesses.
4.6
Delivery
Bidders may either mail or hand-deliver Bids.

4.6.1
For U.S. Postal Service deliveries, any bid that has been received at the appropriate mail room, or typical
place of mail receipt for the respective procuring unit by the time and date listed in the IFB will be deemed to
be timely. If a Bidder chooses to use the U.S. Postal Service for delivery, the Department recommends that it
use Express Mail, Priority Mail, or Certified Mail only as these are the only forms for which both the date and
time of receipt can be verified by the Department. It could take several days for an item sent by first class
mail to make its way by normal internal mail to the procuring unit and a Bidder using first class mail will not
be able to prove a timely delivery at the mailroom..
4.6.2
Hand-delivery includes delivery by commercial carrier acting as agent for the Bidder. For any type of direct
(non-mail) delivery, a Bidder is advised to secure a dated, signed, and time-stamped (or otherwise indicated)
receipt of delivery.
4.7 Documents Required upon Notice of Recommendation for Contract

Award
Upon receipt of a Notification of Recommendation for Contract Award, the following documents shall be completed
and submitted by the recommended awardee within five (5) Business Days, unless noted otherwise. Submit three (3)
copies of each with original signatures.
a.
b.
c.
d.
e.
f.
g.
h.
i.
signed Contract (Attachment A),

completed Contract Affidavit (Attachment C),
completed MBE Attachments D-2 and D-3A/B, within ten (10) Business Days, if applicable; *see
Section 1.33,
MBE Waiver Justification within ten (10) Business Days, usually including Attachment D-6, if a
waiver has been requested (if applicable; *see Section 1.33),
signed Non-Disclosure Agreement (Attachment J), if applicable; *see Section 1.37,
signed HIPAA Business Associate Agreement (Attachment K), if applicable; *see Section 1.38,
completed VSBE Attachment M-2, if applicable *see Section 1.41,
completed DHR Hiring Agreement, Attachment O, if applicable *see Section 1.43, and
copy of a current Certificate of Insurance with the prescribed limits set forth in Section 3.4 Insurance
Requirements, listing the State as an additional insured, if applicable; *see Section 3.4.
40
IFB ATTACHMENTS
ATTACHMENT A Contract
This is the sample contract used by the Department. It is provided with the IFB for informational purposes and is not
required to be submitted at Bid submission time. Upon notification of recommendation for award, a completed
contract will be sent to the recommended awardee for signature. The recommended awardee must return to the
Procurement Officer three (3) executed copies of the Contract within five (5) Business Days after receipt. Upon
Contract award, a fully-executed copy will be sent to the Contractor.
ATTACHMENT B Bid/Proposal Affidavit
This Attachment must be completed and submitted with the Bid.
ATTACHMENT C Contract Affidavit
This Attachment must be completed and submitted by the recommended awardee to the Procurement Officer within
five (5) Business Days of receiving notification of recommendation for award.
ATTACHMENT D Minority Business Enterprise Forms
If required (see Section 1.33), these Attachments include the MBE subcontracting goal statement, instructions, and
MBE Attachments D-1 through D-5. Attachment D-1 must be properly completed and submitted with the Bidders
Bid or the Bid will be deemed non-responsive and rejected. Within 10 Business Days of receiving notification of
recommendation for Contract award, the Bidder must submit Attachments D-2 and D-3A/B.
ATTACHMENT E Pre-Bid Conference Response Form
It is requested that this form be completed and submitted as described in Section 1.7 by those potential Bidders that
plan on attending the Pre-Bid Conference.
ATTACHMENT F Bid Form Instructions and Bid Form
The Bid Form must be completed and submitted with the Bid.
ATTACHMENT G Maryland Living Wage Requirements for Service Contracts and Affidavit of Agreement
Attachment G-1 Living Wage Affidavit of Agreement must be completed and submitted with the Bid.
ATTACHMENT H Federal Funds Attachment
If required (see Section 1.35), these Attachments must be completed and submitted with the Bid as instructed in the
Attachments.
ATTACHMENT I Conflict of Interest Affidavit and Disclosure
If required (see Section 1.36), this Attachment must be completed and submitted with the Bid.
ATTACHMENT J Non-Disclosure Agreement
If required (see Section 1.37), this Attachment must be completed and submitted within five (5) Business Days of
receiving notification of recommendation for award. However, to expedite processing, it is suggested that this
document be completed and submitted with the Bid.
ATTACHMENT K HIPAA Business Associate Agreement
If required (see Section 1.38), this Attachment is to be completed and submitted within five (5) Business Days of
receiving notification of recommendation for award. However, to expedite processing, it is suggested that this
document be completed and submitted with the Bid.
ATTACHMENT L Mercury Affidavit
41
ATTACHMENT M Veteran-Owned Small Business Enterprise Forms

If required (see Section 1.41), these Attachments include the VSBE Attachments M-1 through M-4. Attachment M-1
must be completed and submitted with the Bid. Attachment M-2 is required to be submitted within ten (10) Business
Days of receiving notification of recommendation for award.
ATTACHMENT N Location of the Performance of Services Disclosure
ATTACHMENT O Department of Human Resources (DHR) Hiring Agreement
If required (see Section 1.43), this Attachment is to be completed and submitted within five (5) Business Days of
receiving notification of recommendation for award.
(Insert any additional Attachments that are necessary for your solicitation and referenced in the Section 3.2,
Scope of Work, starting with Attachment P.)
42
ATTACHMENT A CONTRACT
(Do not change any of the standard contract terms.)
(CONTRACT TITLE)
THIS CONTRACT (the Contract) is made this (Xth ) day of (month), (year) by and between
(Contractors name) and the STATE OF MARYLAND, acting through the (DEPARTMENT).
In consideration of the promises and the covenants herein contained, the parties agree as follows:
1.
Definitions
In this Contract, the following words have the meanings indicated:

1.1
Bid means the Contractors Bid dated (Bid date).
1.2
COMAR means Code of Maryland Regulations.
1.3
Contract Monitor means the Department employee identified in Section 1.6 of the IFB as the Contract
Monitor.
1.4
Contractor means (Contractors name) whose principal business address is (Contractors primary address)
and whose principal office in Maryland is (Contractors local address).
1.5
Department means the (Department).
1.6
IFB means the Invitation for Bids for (solicitation title) Solicitation # (solicitation number), and any
addenda thereto issued in writing by the State.
1.7
Procurement Officer means the Department employee identified in Section 1.5 of the IFB as the
Procurement Officer.
1.8
State means the State of Maryland.
2.
Scope of Contract
2.1
The Contractor shall provide deliverables, programs, goods, and services specific to the Contract for (enter
title/description of what the Contract is for) awarded in accordance with Exhibits A-C listed in this section
and incorporated as part of this Contract. If there is any conflict between this Contract and the Exhibits, the
terms of the Contract shall govern. If there is any conflict among the Exhibits, the following order of
precedence shall determine the prevailing provision:
Exhibit A The IFB
Exhibit B State Contract Affidavit, executed by the Contractor and dated (date of Attachment C)
Exhibit C The Bid
2.2
The Procurement Officer may, at any time, by written order, make changes in the work within the general
scope of the Contract or the IFB. No other order, statement, or conduct of the Procurement Officer or any
other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this
section. Except as otherwise provided in this Contract, if any change under this section causes an increase or
decrease in the Contractors cost of, or the time required for, the performance of any part of the work, whether
or not changed by the order, an equitable adjustment in the Contract price shall be made and the Contract
43
modified in writing accordingly. The Contractor must assert in writing its right to an adjustment under this
section within thirty (30) days of receipt of written change order and shall include a written statement setting
forth the nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final
payment under this Contract. Failure to agree to an adjustment under this section shall be a dispute under the
Disputes clause. Nothing in this section shall excuse the Contractor from proceeding with the Contract as
changed.
2.3
While the Procurement Officer may, at any time, by written change order, make unilateral changes in the
work within the general scope of the Contract as provided in Section 2.2 above, the Contract may be modified
by mutual agreement of the parties, provided: (a) the modification is made in writing; (b) all parties sign the
modification; and (c) all approvals by the required agencies as described in COMAR Title 21, are obtained.
3.
Period of Performance.
3.1
The term of this Contract begins on the date the Contract is signed by the Department following any required
approvals of the Contract, including approval by the Board of Public Works, if such approval is required. The
Contractor shall provide services under this Contract as of the Go-Live date contained in the written Notice to
Proceed. From this Go-Live date, the Contract shall be for a period of approximately (number of years of
base term of Contract) years (change to months if necessary) beginning (anticipated Contract start date) and
ending on (anticipated end date of base term of Contract).
3.2
The State, at its sole option, has the unilateral right to extend the term of the Contract for (number of Option
Years) additional successive one-year terms at the prices quoted in the Bid for Option Years. (Delete this
section if there are no Option Years, and change the numbering of the next section to 3.2).
3.3
Audit, confidentiality, document retention, and indemnification obligations under this Contract shall survive
expiration or termination of the Contract.
4.
Consideration and Payment
4.1
In consideration of the satisfactory performance of the work set forth in this Contract, the Department shall
pay the Contractor in accordance with the terms of this Contract and at the prices quoted on the Financial
Proposal Form (Attachment F). Unless properly modified (see above Section 2.3), payment to the Contractor
pursuant to this Contract, including the base term and any option exercised by the State, shall not exceed $
(enter Not-to-Exceed amount; if no Not-to-Exceed amount specified, edit/delete preceding sentence
accordingly). (The following paragraph may be added to indefinite quantity, labor hour and time and
materials contracts at the discretion of the Contract Monitor; otherwise delete it.):
Contractor shall notify the Contract Monitor, in writing, at least sixty (60) days before payments reach the
above specified amount. After notification by the Contractor, if the State fails to increase the Contract
amount, the Contractor shall have no obligation to perform under this Contract after payments reach the stated
amount; provided, however, that, prior to the stated amount being reached, the Contractor shall: (a) promptly
consult with the State and work in good faith to establish a plan of action to assure that every reasonable
effort has been undertaken by the Contractor to complete State-defined critical work in progress prior to the
date the stated amount will be reached; and (b) when applicable secure databases, systems, platforms, and/or
applications on which the Contractor is working so that no damage or vulnerabilities to any of the same will
exist due to the existence of any such unfinished work.
4.2
Payments to the Contractor shall be made no later than thirty (30) days after the Departments receipt of a
proper invoice for services provided by the Contractor, acceptance by the Department of services provided by
the Contractor, and pursuant to the conditions outlined in Section 4 of this Contract. Each invoice for services
rendered must include the Contractors Federal Tax Identification or Social Security Number for a Contractor
44
who is an individual which is (Contractors FEIN or SSN). Charges for late payment of invoices other than as
prescribed at Md. Code Ann., State Finance and Procurement Article, 15-104 are prohibited. Invoices shall
be submitted to the Contract Monitor. Electronic funds transfer shall be used by the State to pay Contractor
pursuant to this Contract and any other State payments due Contractor unless the State Comptrollers Office
grants Contractor an exemption.
4.3
In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails
to perform in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any
invoice for payment, and may cause payments to the Contractor to be reduced or withheld until such time as
the Contractor meets performance standards as established by the Procurement Officer.
4.4
Payment of an invoice by the Department is not evidence that services were rendered as required under this
Contract.
4.5
Contractors eMarylandMarketplace vendor ID number is (Contractors eMM number).
5.
Rights to Records
5.1
The Contractor agrees that all documents and materials including, but not limited to, software, reports,
drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork,
computations, and data prepared by the Contractor for purposes of this Contract shall be the sole property of
the State and shall be available to the State at any time. The State shall have the right to use the same without
restriction and without compensation to the Contractor other than that specifically provided by this Contract.
5.2
The Contractor agrees that at all times during the term of this Contract and thereafter, works created as a
deliverable under this Contract, and services performed under this Contract shall be works made for hire as
that term is interpreted under U.S. copyright law. To the extent that any products created as a deliverable
under this Contract are not works made for hire for the State, the Contractor hereby relinquishes, transfers,
and assigns to the State all of its rights, title, and interest (including all intellectual property rights) to all such
products created under this Contract, and will cooperate reasonably with the State in effectuating and
registering any necessary assignments.
5.3
The Contractor shall report to the Contract Monitor, promptly and in written detail, each notice or claim of
copyright infringement received by the Contractor with respect to all data delivered under this Contract.
5.4
The Contractor shall not affix any restrictive markings upon any data, documentation, or other materials
provided to the State hereunder and if such markings are affixed, the State shall have the right at any time to
modify, remove, obliterate, or ignore such warnings.
5.5
Upon termination of the Contract, the Contractor, at its own expense, shall deliver any equipment, software or
other property provided by the State to the place designated by the Procurement Officer.
6.
Exclusive Use
The State shall have the exclusive right to use, duplicate, and disclose any data, information, documents, records, or
results, in whole or in part, in any manner for any purpose whatsoever, that may be created or generated by the
Contractor in connection with this Contract. If any material, including software, is capable of being copyrighted, the
State shall be the copyright owner and Contractor may copyright material connected with this project only with the
express written approval of the State.
7.
Patents, Copyrights, and Intellectual Property
45
7.1
If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent,
trademark or service mark, or copyright or which is proprietary to, or a trade secret of, another, the Contractor
shall obtain the necessary permission or license to permit the State to use such item or items.
7.2
The Contractor will defend or settle, at its own expense, any claim or suit against the State alleging that any
such item furnished by the Contractor infringes any patent, trademark, service mark, copyright, or trade
secret. If a third party claims that a product infringes that partys patent, trademark, service mark, trade
secret, or copyright, the Contractor will defend the State against that claim at Contractors expense and will
pay all damages, costs, and attorneys fees that a court finally awards, provided the State: (a) promptly
notifies the Contractor in writing of the claim; and (b) allows Contractor to control and cooperates with
Contractor in, the defense and any related settlement negotiations. The obligations of this paragraph are in
addition to those stated in Section 7.3 below.
7.3
If any products furnished by the Contractor become, or in the Contractors opinion are likely to become, the
subject of a claim of infringement, the Contractor will, at its option and expense: (a) procure for the State the
right to continue using the applicable item; (b) replace the product with a non-infringing product substantially
complying with the items specifications; or (c) modify the item so that it becomes non-infringing and
performs in a substantially similar manner to the original item.
8.
Confidential or Proprietary Information and Documentation
8.1
Subject to the Maryland Public Information Act and any other applicable laws including, without limitation,
HIPAA, the HI-TECH ACT, and the Maryland Medical Records Act and the implementation of regulations
promulgated pursuant thereto, all confidential or proprietary information and documentation relating to either
party (including without limitation, any information or data stored within the Contractors computer systems)
shall be held in absolute confidence by the other party. Each party shall, however, be permitted to disclose
relevant confidential information to its officers, agents, and employees to the extent that such disclosure is
necessary for the performance of their duties under this Contract, provided that the data may be collected,
used, disclosed, stored, and disseminated only as provided by and consistent with the law. The provisions of
this section shall not apply to information that: (a) is lawfully in the public domain; (b) has been
independently developed by the other party without violation of this Contract; (c) was already in the
possession of such party; (d) was supplied to such party by a third party lawfully in possession thereof and
legally permitted to further disclose the information; or (e) which such party is required to disclose by law.
8.2
This Section 8 shall survive expiration or termination of this Contract.
9.
Loss of Data
In the event of loss of any State data or records where such loss is due to the intentional act or omission or negligence
of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible for recreating such lost
data in the manner and on the schedule set by the Contract Monitor. The Contractor shall ensure that all data is
backed up and recoverable by the Contractor. Contractor shall use its best efforts to assure that at no time shall any
actions undertaken by the Contractor under this Contract (or any failures to act when Contractor has a duty to act)
damage or create any vulnerabilities in data bases, systems, platforms, and/or applications with which the Contractor
is working hereunder.
10.
Indemnification
10.1
The Contractor shall hold harmless and indemnify the State from and against any and all losses, damages,
claims, suits, actions, liabilities, and/or expenses, including, without limitation, attorneys fees and
disbursements of any character that arise from, are in connection with or are attributable to the performance or
nonperformance of the Contractor or its subcontractors under this Contract.
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10.2
This indemnification clause shall not be construed to mean that the Contractor shall indemnify the State
against liability for any losses, damages, claims, suits, actions, liabilities, and/or expenses that are attributable
to the sole negligence of the State or the States employees.
10.3
The State has no obligation to provide legal counsel or defense to the Contractor or its subcontractors in the
event that a suit, claim, or action of any character is brought by any person not party to this Contract against
the Contractor or its subcontractors as a result of or relating to the Contractors performance under this
Contract.
10.4
The State has no obligation for the payment of any judgments or the settlement of any claims against the
Contractor or its subcontractors as a result of or relating to the Contractors performance under this Contract.
10.5
The Contractor shall immediately notify the Procurement Officer of any claim or suit made or filed against
the Contractor or its subcontractors regarding any matter resulting from, or relating to, the Contractors
obligations under the Contract, and will cooperate, assist, and consult with the State in the defense or
investigation of any claim, suit, or action made or filed against the State as a result of, or relating to, the
Contractors performance under this Contract.
10.6
This Section 10 shall survive termination of this Contract.
11.
Non-Hiring of Employees
No official or employee of the State, as defined under Md. Code Ann., State Government Article, 15-102, whose
duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall,
during the pendency and term of this Contract and while serving as an official or employee of the State, become or be
an employee of the Contractor or any entity that is a subcontractor on this Contract.
12.
Disputes
This Contract shall be subject to the provisions of Md. Code Ann., State Finance and Procurement Article, Title 15,
Subtitle 2, and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution of a claim, the Contractor
shall proceed diligently with the performance of the Contract in accordance with the Procurement Officers decision.
Unless a lesser period is provided by applicable statute, regulation, or the Contract, the Contractor must file a written
notice of claim with the Procurement Officer within thirty (30) days after the basis for the claim is known or should
have been known, whichever is earlier. Contemporaneously with or within thirty (30) days of the filing of a notice of
claim, but no later than the date of final payment under the Contract, the Contractor must submit to the Procurement
Officer its written claim containing the information specified in COMAR 21.10.04.02.
13.
Maryland Law
13.1
This Contract shall be construed, interpreted, and enforced according to the laws of the State of Maryland.
13.2
The Md. Code Ann., Commercial Law Article, Title 22, Maryland Uniform Computer Information
Transactions Act, does not apply to this Contract or to any purchase order or Notice to Proceed issued under
this Contract.
13.3
Any and all references to the Maryland Code, Annotated contained in this Contract shall be construed to refer
to such Code sections as are from time to time amended.
14.
Nondiscrimination in Employment
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The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment
because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or disability of a qualified
individual with a disability; (b) to include a provision similar to that contained in subsection (a), above, in any
underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) 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.
15.
Contingent Fee Prohibition
The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity,
other than a bona fide employee, 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 this Contract.
16.
Non-availability of Funding
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 States rights or the Contractors 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 State 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 nonrecurring costs
incurred but not amortized in the price of the Contract. The State 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.
17.
Termination for Cause
If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any
provision of the Contract, the State may 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 States option, become the States property. The State 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 the Contractors breach. If the damages are more than the compensation payable to the
Contractor, the Contractor will remain liable after termination and the State can affirmatively collect damages.
Termination hereunder, including the termination of the rights and obligations of the parties, shall be governed by the
provisions of COMAR 21.07.01.11B.
18.
Termination for Convenience
The performance of work under this Contract may be terminated by the State in accordance with this clause in whole,
or from time to time in part, whenever the State shall determine that such termination is in the best interest of the
State. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the
date of termination, and all reasonable costs associated with termination of the Contract; provided, however, the
Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination.
Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by
the provisions of COMAR 21.07.01.12A(2).
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19.
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, interruptions, interferences, 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.
20.
Suspension of Work
The State unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of its
performance for such period of time as the Procurement Officer may determine to be appropriate for the convenience
of the State.
21.
Pre-Existing Regulations
In accordance with the provisions of Md. Code Ann., State Finance and Procurement Article, 11-206, the regulations
set forth in Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of this
Contract are applicable to this Contract.
22.
Financial Disclosure
The Contractor shall comply with the provisions of Md. Code Ann., State Finance and Procurement Article, 13-221,
which requires that every person that enters into contracts, leases, or other agreements with the State or its agencies
during a calendar year under which the business is to receive in the aggregate, $100,000 or more, shall within thirty
(30) days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file
with the Secretary of the State certain specified information to include disclosure of beneficial ownership of the
business.
23.
Political Contribution Disclosure
The Contractor shall comply with Md. Code Ann., Election Law Article, 14-101 through 14-108, which requires
that every person that enters into contracts, leases, or other agreements with the State, a county, or an incorporated
municipality, or their agencies, 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. The statement shall be filed with
the State Board of Elections: (a) before a purchase or execution of a lease or contract by the State, 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: (i)
February 5, to cover the six (6) month period ending January 31; and (ii) August 5, to cover the six (6) month period
ending July 31.
24.
Documents Retention and Inspection Clause
49
The Contractor and subcontractors shall retain and maintain all records and documents relating to this Contract for a
period of five (5) years after final payment by the State hereunder or any applicable statute of limitations or federal
retention requirements (such as HIPAA), whichever is longer, and shall make them available for inspection and audit
by authorized representatives of the State, including the Procurement Officer or designee, at all reasonable times. All
records related in any way to the Contract are to be retained for the entire time provided under this section. In the
event of any audit, the Contractor shall provide assistance to the State, without additional compensation, to identify,
investigate, and reconcile any audit discrepancies and/or variances. This Section 24 shall survive expiration or
termination of the Contract.
25.
Compliance with Laws
The Contractor hereby represents and warrants that:

25.1 It is qualified to do business in the State and that it will take such action as, from time to time hereafter, may be
necessary to remain so qualified;
25.2 It is not in arrears with respect to the payment of any monies due and owing the State, 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;
25.3 It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and
obligations under this Contract; and
25.4 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.
26.
Cost and Price Certification
By submitting cost or price information, the Contractor certifies to the best of its knowledge that the information
submitted is accurate, complete, and current as of the date of its Bid/Proposal.
The price under this Contract and any change order or modification hereunder, including profit or fee, shall be
adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price
information which, as of the date of its Bid/Proposal, was inaccurate, incomplete, or not current.
27.
Subcontracting; Assignment
The Contractor may not subcontract any portion of the services provided under this Contract without obtaining the
prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or any of its rights or
obligations hereunder, without the prior written approval of the Procurement Officer provided, however, that a
contractor may assign monies receivable under a contract after due notice to the State. Any subcontracts shall include
such language as may be required in various clauses contained within this Contract, exhibits, and attachments. The
Contract shall not be assigned until all approvals, documents, and affidavits are completed and properly registered.
The State shall not be responsible for fulfillment of the Contractors obligations to its subcontractors.
28.
Liability
28.1
For breach of this Contract, negligence, misrepresentation, or any other contract or tort claim, Contractor shall
be liable as follows:
a.
For infringement of patents, copyrights, trademarks, service marks, and/or trade secrets, as provided in
Section 7 of this Contract;
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29.
b.
Without limitation for damages for bodily injury (including death) and damage to real property and
tangible personal property; and
c.
For all other claims, damages, losses, costs, expenses, suits, or actions in any way related to this
Contract, regardless of the form. Contractors liability for third party claims arising under Section 10 of
this Contract shall be unlimited if the State is not immune from liability for claims arising under Section
10.
Parent Company Guarantee (If Applicable) (Note that if there is a guarantor, the guarantor should be
named as party and signatory to the Contract and should be in good standing with SDAT)
(Corporate name of Contractors Parent Company) hereby guarantees absolutely the full, prompt, and complete
performance by (Contractor) of all the terms, conditions and obligations contained in this Contract, as it may be
amended from time to time, including any and all exhibits that are now or may become incorporated hereunto, and
other obligations of every nature and kind that now or may in the future arise out of or in connection with this
Contract, including any and all financial commitments, obligations, and liabilities. (Corporate name of Contractors
Parent Company) may not transfer this absolute guaranty to any other person or entity without the prior express
written approval of the State, which approval the State may grant, withhold, or qualify in its sole and absolute
subjective discretion. (Corporate name of Contractors Parent Company) further agrees that if the State brings any
claim, action, suit or proceeding against (Contractor), (Corporate name of Contractors Parent Company) may be
named as a party, in its capacity as Absolute Guarantor.
30.
Commercial Nondiscrimination
30.1
As a condition of entering into this Contract, Contractor represents and warrants that it will comply with the
States Commercial Nondiscrimination Policy, as described at Md. Code Ann., State Finance and Procurement
Article, Title 19. As part of such compliance, Contractor may not discriminate on the basis of race, color,
religion, ancestry or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or
other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of
subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person
for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors,
vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply
opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of
marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands
that a material violation of this clause shall be considered a material breach of this Contract and may result in
termination of this Contract, disqualification of Contractor from participating in State contracts, or other
sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.
30.2
The Contractor shall include the above Commercial Nondiscrimination clause, or similar clause approved by
the Department, in all subcontracts.
30.3
As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and only
after the filing of a complaint against Contractor under Md. Code Ann., State Finance and Procurement
Article, Title 19, as amended from time to time, Contractor agrees to provide within sixty (60) days after the
request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in
the past four (4) years on any of its contracts that were undertaken within the State of Maryland, including
the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees
to cooperate in any investigation conducted by the State pursuant to the States Commercial
Nondiscrimination Policy as set forth at Md. Code Ann., State Finance and Procurement Article, Title 19, and
to provide any documents relevant to any investigation that are requested by the State. Contractor
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understands that violation of this clause is a material breach of this Contract and may result in contract
termination, disqualification by the State from participating in State contracts, and other sanctions.
31.
Prompt Pay Requirements
31.1
If the Contractor withholds payment of an undisputed amount to its subcontractor, the

Department, at its option and in its sole discretion, may take one or more of the following actions:
a.
b.
c.
d.
e.
31.2
An undisputed amount means an amount owed by the Contractor to a subcontractor for which there is no
good faith dispute. Such undisputed amounts include, without limitation:
a.
b.
31.3
Not process further payments to the contractor until payment to the subcontractor is verified;
Suspend all or some of the contract work without affecting the completion date(s) for the contract work;
Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise due or that
may become due;
Place a payment for an undisputed amount in an interest-bearing escrow account; or
Take other or further actions as appropriate to resolve the withheld payment.
Retainage which had been withheld and is, by the terms of the agreement between the
Contractor and subcontractor, due to be distributed to the subcontractor; and
An amount withheld because of issues arising out of an agreement or occurrence unrelated to the
agreement under which the amount is withheld.
An act, failure to act, or decision of a Procurement Officer or a representative of the Department, concerning a
withheld payment between the Contractor and a subcontractor under this provision, may not:
a.
b.
c.
Affect the rights of the contracting parties under any other provision of law;
Be used as evidence on the merits of a dispute between the Department and the contractor in any other
proceeding; or
Result in liability against or prejudice the rights of the Department.
31.4
The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13 with respect to
subcontractors that have contracted pursuant to the Minority Business Enterprise (MBE) program.
31.5
To ensure compliance with certified MBE subcontract participation goals, the Department may, consistent
with COMAR 21.11.03.13, take the following measures:
a.
b.
c.
Verify that the certified MBEs listed in the MBE participation schedule actually are performing work
and receiving compensation as set forth in the MBE participation schedule.
This verification may include, as appropriate:
i.
Inspecting any relevant records of the Contractor;
ii.
Inspecting the jobsite; and
iii. Interviewing subcontractors and workers.
iv. Verification shall include a review of:
(a) The Contractors monthly report listing unpaid invoices over thirty (30) days old from
certified MBE subcontractors and the reason for nonpayment; and
(b) The monthly report of each certified MBE subcontractor, which lists payments received
from the Contractor in the preceding thirty (30) days and invoices for which the
subcontractor has not been paid.
If the Department determines that the Contractor is not in compliance with certified MBE participation
goals, then the Department will notify the Contractor in writing of its findings, and will require the
Contractor to take appropriate corrective action. Corrective action may include, but is not limited to,
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d.
e.
requiring the Contractor to compensate the MBE for work performed as set forth in the MBE
participation schedule.
If the Department determines that the Contractor is in material noncompliance with
MBE contract provisions and refuses or fails to take the corrective action that the Department requires,
then the Department may:
i.
Terminate the contract;
ii.
Refer the matter to the Office of the Attorney General for appropriate action; or
iii. Initiate any other specific remedy identified by the contract, including the contractual remedies
required by any applicable laws, regulations, and directives regarding the payment of undisputed
amounts.
Upon completion of the Contract, but before final payment or release of retainage or both, the
Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all payments
made to, or withheld from, MBE subcontractors.
(If there is an MBE goal for the Contract, enter and complete pursuant to GOMAs Guidelines for Liquidated
Damages Provisions for Contracts Containing Minority Business Enterprise Participation Goals. Delete this clause if
there is no MBE goal, and revise the numbering of the clauses in this Contract accordingly.)
32.
Liquidated Damages
32.1
The Contract requires the Contractor to make good faith efforts to comply with the Minority Business
Enterprise (MBE) Program and Contract provisions. The State and the Contractor acknowledge and agree
that the State will incur economic damages and losses, including, but not limited to, loss of goodwill,
detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does
not make good faith efforts to comply with the requirements of the MBE Program and pertinent MBE
Contract provisions. The parties further acknowledge and agree that the damages the State might reasonably
be anticipated to accrue as a result of such lack of compliance are difficult or impossible to ascertain with
precision and that liquidated damages represent a fair, reasonable, and appropriate estimation of damages.
Upon a determination by the State that the Contractor failed to make good faith efforts to comply with one or
more of the specified MBE Program requirements or pertinent MBE Contract provisions and without the
State being required to present any evidence of the amount or character of actual damages sustained, the
Contractor agrees to pay liquidated damages to the State at the rates set forth below. Such liquidated damages
are intended to represent estimated actual damages and are not intended as a penalty. The Contractor
expressly agrees that the State may withhold payment on any invoices as an offset against liquidated damages
owed. The Contractor further agrees that for each specified violation, the agreed-upon liquidated damages are
reasonably proximate to the loss the State is anticipated to incur as a result of each violation.
32.1.1 Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B(3): $
(dollar amount) per day until the monthly report is submitted as required.
32.1.2 Failure to include in its agreements with MBE subcontractors a provision requiring submission of
payment reports in full compliance with COMAR 21.11.03.13B(4): $(dollar amount) per MBE
subcontractor.
32.1.3 Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of
work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation
schedule: the difference between the dollar value of the MBE participation commitment on the MBE
participation schedule for that specific MBE firm and the dollar value of the work performed by that
MBE firm for the Contract.
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32.1.4 Failure to meet the Contractors total MBE participation goal and subgoal commitments: the
difference between the dollar value of the total MBE participation commitment on the MBE
participation schedule and the MBE participation actually achieved.
32.1.5 Failure to promptly pay all undisputed amounts to a subcontractor in full compliance with the prompt
payment provisions of the Contract: $(dollar amount) per day until the undisputed amount due to the
subcontractor is paid.
32.2
Notwithstanding the assessment or availability of liquidated damages, the State reserves the right to terminate
the Contract and to exercise any and all other rights or remedies which may be available under the Contract or
which otherwise may be available at law or in equity.
33.
Living Wage
If a Contractor subject to the Living Wage law fails to submit all records required under COMAR 21.11.10.05
to the Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation, the agency
may withhold payment of any invoice or retainage. The agency may require certification from the
Commissioner on a quarterly basis that such records were properly submitted.
34.
Contract Monitor and Procurement Officer
The work to be accomplished under this Contract shall be performed under the direction of the Contract Monitor. All
matters relating to the interpretation of this Contract shall be referred to the Procurement Officer for determination.
35.
Notices
All notices hereunder shall be in writing and either delivered personally or sent by certified or registered mail, postage
prepaid, as follows:
If to the State: (name of Procurement Officer)
Procurement Officer
(address and contact information for Procurement Officer)
If to the Contractor:
_________________________________________
_________________________________________
_________________________________________
_________________________________________
(The following clauses may be required under certain funding or other conditions. Use these clauses only when
appropriate. Delete any clauses not used and renumber as needed.)
(Mandatory clause for Federally funded contracts involving healthcare entities or individuals, the employment of
healthcare entities or individuals, or subcontracting with healthcare entities or individuals that may be named on the
DHHS List of Excluded Individuals/Entities.):
36.
Federal Department of Health and Human Services (DHHS) Exclusion Requirements
The Contractor agrees that it will comply with federal provisions (pursuant to 1128 and 1156 of the Social Security
Act and 42 C.F.R. 1001) that prohibit payments under certain federal health care programs to any individual or entity
that is on the List of Excluded Individuals/Entities maintained by DHHS. By executing this contract, the Contractor
affirmatively declares that neither it nor any employee is, to the best of its knowledge, subject to exclusion. The
Contractor agrees, further, during the term of this contract, to check the List of Excluded Individuals/Entities prior to
54
hiring or assigning individuals to work on this Contract, and to notify the Department immediately of any
identification of the Contractor or an individual employee as excluded, and of any DHHS action or proposed action to
exclude the Contractor or any Contractor employee.
(HIPAA Clauses. One of the following three clauses should be used whenever the contract deals with medical
information/records, third party clients or medical billing/payments. Delete any/all clauses if not applicable.)
(Option 1 of 3 Use this clause when the Department unit is not a covered entity. The blank at the beginning would
reference any statutory requirement unique to the Department unit/program, or, if there is none, the first two sentences
are combined to reference any applicable law or regulation as follows: The Contractor agrees to keep information
obtained in the course of this contract confidential in compliance with any applicable State and federal regulation.) :
36.
Confidentiality
The Contractor agrees to keep information obtained in the course of this contract confidential in compliance with
_________________________________________________________. The Contractor agrees further to comply with
any applicable State and federal confidentially requirements regarding collection, maintenance, and use of health and
financial information. This includes, where appropriate, the federal Health Insurance Portability and Accountability
Act (HIPAA), 42 U.S.C. 1320d et seq., and implementing regulations at 45 C.F.R. Parts 160 and 164, and the
Maryland Confidentiality of Medical Records Act (MCMRA), Md. Code Ann. Health-General 4-301 et seq. This
obligation includes providing training and information to employees regarding confidentiality obligations as to health
and financial information and securing acknowledgement of these obligations from employees to be involved in the
Contract. This obligation further includes restricting use and disclosure of the records, generally providing safeguards
against misuse of information, keeping a record of any disclosures of information, providing all necessary procedural
and legal protection for any disclosures of information, promptly responding to any requests by the Department for
information about its privacy practices in general or with respect to a particular individual, modifying information as
may be required by good professional practice as authorized by law, and otherwise providing good information
management practices regarding all health and financial information.
(OR Option 2 of 3 Use this confidentiality clause when the Department unit is a covered entity and the vendor is
not a business associate.):
36.
Compliance with HIPAA and State Confidentiality Law
36.1
The Contractor acknowledges its duty to become familiar with and comply, to the extent applicable, with all
requirements of the federal Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. 1320d
et seq., and implementing regulations including 45 C.F.R. Parts 160 and 164. The Contractor also agrees to
comply with the Maryland Confidentiality of Medical Records Act (MCMRA), Md. Code Ann. HealthGeneral 4-301 et seq. This obligation includes:
(a)
As necessary, adhering to the privacy and security requirements for protected health information and
medical records under HIPAA and MCMRA and making the transmission of all electronic
information compatible with the HIPAA requirements;
(b)
Providing training and information to employees regarding confidentiality obligations as to health and
financial information and securing acknowledgement of these obligations from employees to be
involved in the contract; and
(c)
Otherwise providing good information management practices regarding all health information and
medical records.
55
36.2
If in connection with the procurement or at any time during the term of the Contract, the Department
determines that functions to be performed in accordance with the scope of work set forth in the solicitation
constitute business associate functions as defined in HIPAA, the Contractor acknowledges its obligation to
execute a business associate agreement as required by HIPAA regulations at 45 C.F.R. 164.501 and in the
form required by the Department.
36.3
Protected Health Information as defined in the HIPAA regulations at 45 C.F.R. 160.103 and 164.501, means
information transmitted as defined in the regulations, that is: individually identifiable; created or received by
a healthcare provider, health plan, public health authority, employer, life insurer, school or university, or
healthcare clearinghouse; and related to the past, present, or future physical or mental health or condition of
an individual, to the provision of healthcare to an individual, or to the past, present, or future payment for the
provision of healthcare to an individual. The definition excludes certain education records as well as
employment records held by a covered entity in its role as employer.
(OR Option 3 of 3 Use this confidentiality clause when the Department unit is a covered entity and the vendor is
a business associate.):
36.
Compliance with Federal HIPAA and State Confidentiality Law
36.1
The Contractor acknowledges its duty to become familiar with and comply, to the extent applicable, with all
requirements of the federal Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. 1320d
et seq., and implementing regulations including 45 C.F.R. Parts 160 and 164. The Contractor also agrees to
comply with the Maryland Confidentiality of Medical Records Act (MCMRA), Md. Code Ann. HealthGeneral 4-301 et seq. This obligation includes:
(a)
As necessary, adhering to the privacy and security requirements for protected health information and
medical records under HIPAA and MCMRA and making the transmission of all electronic
information compatible with the HIPAA requirements;
(b)
Providing training and information to employees regarding confidentiality obligations as to health and
financial information and securing acknowledgement of these obligations from employees to be
involved in the contract; and
(c)
Otherwise providing good information management practices regarding all health information and
medical records.
36.2
Based on the determination by the Department that the functions to be performed in accordance with the
scope of work set forth in the solicitation constitute business associate functions as defined in HIPAA, the
selected Bidder/Offeror shall execute a business associate agreement as required by HIPAA regulations at 45
C.F.R. 164.501 and in the form as required by the Department.
36.3
Protected Health Information as defined in the HIPAA regulations at 45 C.F.R. 160.103 and 164.501, means
information transmitted as defined in the regulations, that is individually identifiable; that is created or
received by a healthcare provider, health plan, public health authority, employer, life insurer, school or
university, or healthcare clearinghouse; and that is related to the past, present, or future physical or mental
health or condition of an individual, to the provision of healthcare to an individual, or to the past, present, or
future payment for the provision of healthcare to an individual. The definition excludes certain education
records as well as employment records held by a covered entity in its role as employer.
(The following clause should be added to contracts for which there is a strong possibility of employment by current
and former Family Investment Program (FIP) recipients, their children, foster youth, and child support obligors
(Candidates). The actual DHR Agreement must be included in the solicitation as Attachment O (see Section 1.43)
Delete this clause if not applicable, and revise the numbering of the clauses in this Contract accordingly.):
56
37.
Hiring Agreement
The Contractor agrees to execute and comply with the enclosed Maryland Department of Human Resources (DHR)
Hiring Agreement (Attachment O). The Hiring Agreement is to be executed by the Bidder/Offeror and delivered to
the Procurement Officer within ten (10) Business Days following receipt of notice by the Bidder/Offeror that it is
being recommended for contract award. The Hiring Agreement will become effective concurrently with the award of
the contract.
The Hiring Agreement provides that the Contractor and DHR will work cooperatively to promote hiring by the
Contractor of qualified individuals for job openings resulting from this procurement, in accordance with Md. Code
Ann., State Finance and Procurement Article 13-224.
(The following clause should be added to contracts when there is the probability of customers with limited ability in
speaking English. Delete this clause if not applicable, and revise the numbering of the clauses in this Contract
accordingly.):
38.
Limited English Proficiency
The Contractor shall provide equal access to public services to individuals with limited English proficiency in
compliance with Md. Code Ann., State Government Article, 10-1101 et seq., and Policy Guidance issued by the
Office of Civil Rights, Department of Health and Human Services, and DHMH Policy 02.06.07.
39.
Miscellaneous
39.1
Any provision of this Contract which contemplates performance or observance subsequent to any termination
or expiration of this contract shall survive termination or expiration of this contract and continue in full force
and effect.
39.2
If any term contained in this contract is held or finally determined to be invalid, illegal, or unenforceable in
any respect, in whole or in part, such term shall be severed from this contract, and the remaining terms
contained herein shall continue in full force and effect, and shall in no way be affected, prejudiced, or
disturbed thereby.
IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth.
CONTRACTOR
STATE OF MARYLAND
(DEPARTMENT)
___________________________________ ___________________________________
By: (name and title of Department Head)
By:
___________________________________ Or designee:
Date
___________________________________
___________________________________
Date
Approved for form and legal sufficiency
this ____ day of _____________, 20___.
57
______________________________________
Assistant Attorney General
APPROVED BY BPW: _________________
(Date)
_____________
(BPW Item #)
ATTACHMENT B BID/PROPOSAL AFFIDAVIT

A. AUTHORITY
I hereby affirm that I, _______________ (name of affiant) am the ______________(title) and duly authorized
representative of ______________(name of business entity) and that I possess the legal authority to make this
affidavit on behalf of the business for which I am acting.
B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION
The undersigned Bidder/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 quotes submitted from 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, 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/Proposal submitted by the Bidder/Offeror on this project, and terminate any contract
awarded based on the Bid/Proposal. As part of its Bid/Proposal, the Bidder/Offeror herewith submits a list 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/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 of the State Finance and Procurement Article of the Annotated Code of Maryland.
B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.
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, 14-308(a)(2), Annotated Code of Maryland, which
provides that, except as otherwise provided by law, a contractor may not identify a certified minority business
enterprise in a Bid/Proposal and:
(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify
the certified minority proposal;
(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the
Bid/Proposal;
(3) Fail to use the certified minority business enterprise in the performance of the contract; or
(4) Pay the certified minority business enterprise solely for the use of its name in the Bid/Proposal.
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Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false,
such false certification constitutes grounds for the State to reject the Bid/Proposal submitted by the Bidder/Offeror on
this project, and terminate any contract awarded based on the Bid/Proposal.
B-2. CERTIFICATION REGARDING VETERAN-OWNED 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, 14-605, Annotated Code of Maryland, which
provides that a person may not:
(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently
obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement
contract to which the person is not entitled under this title;
(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteranowned small business
enterprise in order to obtain or retain a Bid/Proposal preference or a procurement contract;
(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or
false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the
person authorized or required to present the declaration, statement, or document;
(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration,
statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or
fraud is committed with the knowledge or consent of the person authorized or required to present the declaration,
statement, or document;
(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.12;
or
(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a
provision of B-2(1)-(5) of this regulation.
C. AFFIRMATION REGARDING BRIBERY CONVICTIONS
I FURTHER AFFIRM THAT:
Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers,
directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting
activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation
before judgment imposed pursuant to Criminal Procedure Article, 6-220, Annotated Code of Maryland, or has
pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland
law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot
be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or
administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and
responsibilities with the business):
____________________________________________________________
____________________________________________________________
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___________________________________________________________.
D. AFFIRMATION REGARDING OTHER CONVICTIONS
Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers,
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. 1961 et seq., or the Mail Fraud Act, 18 U.S.C. 1341 et seq.,
for acts in connection with the submission of Bids/Proposals for a public or private contract;
(4) Been convicted of a violation of the State Minority Business Enterprise Law, 14-308 of the State Finance and
Procurement Article of the Annotated Code of Maryland;
(5) Been convicted of a violation of 11-205.1 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 (1)(5) above;
(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the
submission of Bids/Proposals for a public or private contract;
(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title
19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private
contract; or
(9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or
omissions that would constitute grounds for conviction or liability under any law or statute described in B and C
and subsections D(1)(8) above, except as follows (indicate reasons why the affirmations cannot be given, and list
any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body,
the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with
the business, and the status of any debarment):
____________________________________________________________
____________________________________________________________
___________________________________________________________.
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E. AFFIRMATION REGARDING DEBARMENT

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers,
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
(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 16-101, et seq., of the State Finance and Procurement Article of the
Annotated Code of Maryland; and
(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as
follows (you must indicate the reasons why the affirmations cannot be given without qualification):
____________________________________________________________
____________________________________________________________
___________________________________________________________.
G. SUBCONTRACT AFFIRMATION
Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a
contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and
Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services,
architectural services, construction related services, leases of real property, or construction.
H. AFFIRMATION REGARDING COLLUSION
Neither I, nor to the best of my knowledge, information, and belief, the above business has:
61
(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the
accompanying Bid/Proposal that is being submitted;
(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 of free competitive bidding in
connection with the contract for which the accompanying Bid/Proposal is submitted.
I. CERTIFICATION OF TAX PAYMENT
Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland
and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of
Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid
all withholding taxes due the State of Maryland prior to final settlement.
J. CONTINGENT FEES
The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide
employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or
secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other
entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee
or any other consideration contingent on the making of the Contract.
K. CERTIFICATION REGARDING INVESTMENTS IN IRAN
(1) The undersigned certifies that, in accordance with State Finance and Procurement Article, 17-705, Annotated
Code of Maryland:
(a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in
Iran as described in State Finance and Procurement Article, 17-702, Annotated Code of Maryland; and
(b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, 17-702,
Annotated Code of Maryland.
2. The undersigned is unable to make the above certification regarding its investment activities in Iran due to the
following activities: ________________________________________________________
L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES
AND SERVICES CONTRACTS)
The business has complied with the provisions of State Finance and Procurement Article, 14-413, 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. ACKNOWLEDGEMENT
62
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/Proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of
Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy
conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation
of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the
contract, and (3) other Affidavits comprising part of the contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS
OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION,
AND BELIEF.
Date: _______________________
By: __________________________________ (print name of Authorized Representative and Affiant)
___________________________________ (signature of Authorized Representative and Affiant)
SUBMIT THIS AFFIDAVIT WITH BID/PROPOSAL
63
ATTACHMENT C CONTRACT AFFIDAVIT

A. AUTHORITY
I hereby affirm that I, _______________ (name of affiant) am the ______________(title) and duly authorized
representative of ______________(name of business entity) and that I possess the legal authority to make this
affidavit on behalf of the business for which I am acting.
B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF
ASSESSMENTS AND TAXATION
The business named above is a (check applicable box):
(1) Corporation domestic or foreign;
(2) Limited Liability Company domestic or foreign;
(3) Partnership domestic or foreign;
(4) Statutory Trust domestic or foreign;
(5) Sole Proprietorship.
and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good
standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all
of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The
name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and
Taxation is:
Name and Department ID
Number:_____________________________Address:_______________________________
and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and
Taxation that correctly identifies that true name and address of the principal or owner as:
Name and Department ID
Number:_____________________________Address:_______________________________
C. FINANCIAL DISCLOSURE AFFIRMATION
I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article,
13-221, 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.
D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
64
I am aware of, and the above business will comply with, Election Law Article, 14-101 14-108, 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.
E. 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
heads designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in
connection with the law enforcement agencys undercover operations.)
I CERTIFY THAT:
(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.
(2) By submission of its Bid/Proposal, 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:
(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 who 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 drug-related 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)
(ii)
(iii)
(iv)
The dangers of drug and alcohol abuse in the workplace;

The business's policy of maintaining a drug and alcohol free workplace;
Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and
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
E(2)(b), above;
(h) Notify its employees in the statement required by E(2)(b), above, that as a condition of continued
employment on the contract, the employee shall:
(i)
(ii)
Abide by the terms of the statement; and

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;
65
(i) Notify the procurement officer within 10 days after receiving notice under E(2)(h)(ii), above, or otherwise
receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under E(2)(h)(ii), above, or otherwise receiving actual notice of a
conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a
drug or alcohol abuse offense occurring in the workplace:
(i)
(ii)
Take appropriate personnel action against an employee, up to and including termination; or

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 E(2)(a)
(j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in E(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 21.11.08 and this
certification;
(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend
payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and
(c) The violation of the provisions of COMAR 21.11.08 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 21.08.03.
F. CERTAIN AFFIRMATIONS VALID
To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements
contained in that certain Bid/Proposal Affidavit dated ________ , 201___ , and executed by me for the purpose of
obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date
of this Contract Affidavit and as if fully set forth herein.
AND BELIEF.
Date: ______________
By: __________________________ (printed name of Authorized Representative and Affiant)
_________________________________ (signature of Authorized Representative and Affiant)
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ATTACHMENTS D MINORITY BUSINESS ENTERPRISE FORMS

(If this solicitation does not include a MBE goal (see Section 1.33), enter only the following sentence for this
Attachment and delete the rest of these D Attachments:)
This solicitation does not include a Minority Business Enterprise (MBE) subcontractor participation goal.
(If this solicitation does include a MBE goal (see Section 1.33), include the following D Attachments:)
MBE ATTACHMENT D-1A
MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT
& MBE PARTICIPATION SCHEDULE - INSTRUCTIONS
PLEASE READ BEFORE COMPLETING THIS DOCUMENT
This form includes Instructions and the MBE Utilization and Fair Solicitation Affidavit & MBE Participation
Schedule which must be submitted with the Bid/Proposal. If the Bidder/Offeror fails to accurately complete
and submit this Affidavit and Schedule with the Bid or Proposal as required, the Procurement Officer shall
deem the Bid non-responsive or shall determine that the Proposal is not reasonably susceptible of being
selected for award.
1.
Contractor shall structure its procedures for the performance of the work required in this Contract to attempt
to achieve the minority business enterprise (MBE) subcontractor participation goal stated in the Invitation for
Bids or Request for Proposals. Contractor agrees to exercise good faith efforts to carry out the requirements set
forth in these Instructions, as authorized by the Code of Maryland Regulations (COMAR) 21.11.03.
2.
MBE Goals and Subgoals: Please review the solicitation for information regarding the Contracts MBE
overall participation goals and subgoals. After satisfying the requirements for any established subgoals, the
Contractor is encouraged to use a diverse group of subcontractors and suppliers from any/all of the various
MBE classifications to meet the remainder of the overall MBE participation goal.
3.
MBE means a minority business enterprise that is certified by the Maryland Department of Transportation
(MDOT). Only MBEs certified by MDOT may be counted for purposes of achieving the MBE participation
goals. In order to be counted for purposes of achieving the MBE participation goals, the MBE firm, including a
MBE Prime, must be MDOT-certified for the services, materials or supplies that it is committed to perform on
the MBE Participation Schedule.
4.
Please refer to the MDOT MBE Directory at www.mdot.state.md.us to determine if a firm is certified with the
appropriate North American Industry Classification System (NAICS) Code and the product/services
description (specific product that a firm is certified to provide or specific areas of work that a firm is certified to
perform). For more general information about NAICS, please visit www.naics.com. Only those specific
products and/or services for which a firm is certified in the MDOT Directory can be used for purposes of
achieving the MBE participation goals. WARNING: If the firms NAICS Code is in graduated status, such
services/products may not be counted for purposes of achieving the MBE participation goals. A NAICS Code
is in the graduated status if the term Graduated follows the Code in the MDOT MBE Directory.
5.
Guidelines Regarding MBE Prime Self-Performance: Please note that when a certified MBE firm
participates as a Prime contractor on a Contract, a procurement agency may count the distinct, clearly defined
portion of the work of the Contract that the certified MBE firm performs with its own workforce toward
fulfilling up to, but no more than, fifty-percent (50%) of the MBE participation goal (overall), including up to
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one hundred percent (100%) of not more than one of the MBE participation subgoals, if any, established for
the Contract.
In order to receive credit for self-performance, an MBE Prime must be certified in the appropriate
NAICS code to do the work and must list its firm in the MBE Participation Schedule, including the
certification category under which the MBE Prime is self-performing and include information
regarding the work it will self-perform.
For the remaining portion of the overall goal and the remaining subgoals, the MBE Prime must also
identify on the MBE Participation Schedule the other certified MBE subcontractors used to meet
those goals or request a waiver.
These guidelines apply to the work performed by the MBE Prime that can be counted for purposes of
meeting the MBE participation goals. These requirements do not affect the MBE Primes ability to
self-perform a greater portion of the work in excess of what is counted for purposes of meeting the
MBE participation goals.
Please note that the requirements to meet the MBE participation overall goal and subgoals are distinct
and separate. If the Contract has subgoals, regardless of MBE Primes ability to self-perform up to
50% of the overall goal (including up to 100% of any subgoal), the MBE Prime must either commit to
other MBEs for each of any remaining subgoals or request a waiver. As set forth in Attachment D1B Waiver Guidance, the MBE Primes ability to self-perform certain portions of the work of the
Contract will not be deemed a substitute for the good faith efforts to meet any remaining subgoal or
the balance of the overall goal.
In certain instances where the percentages allocated to MBE participation subgoals add up to more
than 50% of the overall goal, the portion of self-performed work that an MBE Prime may count
toward the overall goal may be limited to less than 50%. Please refer to GOMAs website
(www.goma.maryland.gov) for the MBE Prime Regulations Q&A for illustrative examples.
6.
Subject to items 1 through 5 above, when a certified MBE performs as a participant in a joint venture, a
procurement agency may count a portion of the total dollar value of the Contract equal to the distinct, clearlydefined portion of the work of the contract that the certified MBE performs with its own workforce towards
fulfilling the Contract goal, and not more than one of the Contract subgoals, if any.
7.
As set forth in COMAR 21.11.03.12-1, once the Contract work begins, the work performed by a certified
MBE firm, including an MBE prime, can only be counted towards the MBE participation goal(s) if the MBE
firm is performing a commercially useful function on the Contract. Please refer to COMAR 21.11.03.12-1 for
more information regarding these requirements.
8.
If you have any questions as to whether a firm is certified to perform the specific services or provide specific
products, please contact MDOTs Office of Minority Business Enterprise at 1-800-544-6056 or via email to
mbe@mdot.state.md.us sufficiently prior to the submission due date.
9.
Worksheet: The percentage of MBE participation, calculated using the percentage amounts for all of the
MBE firms listed on the Participation Schedule MUST at least equal the MBE participation goal and subgoals
(if applicable) set forth in the solicitation. If a Bidder/Offeror is unable to achieve the MBE participation goal
and/or any subgoals (if applicable), the Bidder/Offeror must request a waiver in Item 1 of the MBE Utilization
and Fair Solicitation Affidavit (Attachment D-1A) or the Bid will be deemed not responsive, or the Proposal
determined to be not susceptible of being selected for award. You may wish to use the Subgoal summary below
to assist in calculating the percentages and confirm that you have met the applicable MBE participation goal
and subgoals, if any.
SUBGOALS (IF APPLICABLE)

TOTAL AFRICAN AMERICAN MBE PARTICIPATION:
TOTAL ASIAN AMERICAN MBE PARTICIPATION:
68
_____________%
_____________%
TOTAL HISPANIC AMERICAN MBE PARTICIPATION:

TOTAL WOMEN-OWNED MBE PARTICIPATION:
_____________%
_____________%
OVERALL GOAL
TOTAL MBE PARTICIPATION (INCLUDE ALL CATEGORIES):
69
_____________%
MBE ATTACHMENT D-1A

MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT
& MBE PARTICIPATION SCHEDULE
This MBE Utilization and Fair Solicitation Affidavit and MBE Participation Schedule must be
completed in its entirety and included with the Bid/Proposal. If the Bidder/Offeror fails to accurately
complete and submit this Affidavit and Schedule with the Bid or Proposal as required, the
Procurement Officer shall deem the Bid non-responsive or shall determine that the Proposal is not
reasonably susceptible of being selected for award.
In connection with the Bid/Proposal submitted in response to Solicitation No. (solicitation Number), I affirm
the following:
1.
MBE Participation (PLEASE CHECK ONLY ONE) (Agency should insert the participation goal
and subgoal amounts from the PRG and Subgoal Worksheet in the blanks below, delete any of the
subgoals that do not apply to this solicitation, and then delete this sentence of instruction.)
I acknowledge and intend to meet IN FULL both the overall certified Minority Business Enterprise
(MBE) participation goal of percent and all of the following subgoals:
percent for African American-owned MBE firms
percent for Hispanic American-owned MBE firms
percent for Asian American-owned MBE firms
percent for Women-owned MBE firms
Therefore, I am not seeking a waiver pursuant to COMAR 21.11.03.11. I acknowledge that by checking the
above box and agreeing to meet the stated goal and subgoal(s), if any, I must complete the MBE
Participation Schedule (Item 4 below) in order to be considered for award.
OR
I conclude that I am unable to achieve the MBE participation goal and/or subgoals. I hereby request a
waiver, in whole or in part, of the overall goal and/or subgoals. I acknowledge that by checking this box and
requesting a partial waiver of the stated goal and/or one or more of the stated subgoal(s) if any, I must
complete the MBE Participation Schedule (Item 4 below) for the portion of the goal and/or subgoal(s) if
any, for which I am not seeking a waiver, in order to be considered for award.
70
2.
Additional MBE Documentation
I understand that if I am notified that I am the apparent awardee or as requested by the Procurement Officer,
I must submit the following documentation within 10 Business Days of receiving notice of the potential
award or from the date of conditional award (per COMAR 21.11.03.10), whichever is earlier:
(a) Good Faith Efforts Documentation to Support Waiver Request (Attachment D-1C)
(b) Outreach Efforts Compliance Statement (Attachment D-2);
(c) MBE Subcontractor/MBE Prime Project Participation Statement (Attachments D-3A/B);
(d) Any other documentation, including additional waiver documentation if applicable, required by the
Procurement Officer to ascertain Bidder or Offeror responsibility in connection with the certified
MBE participation goal and subgoals, if any.
I understand that if I fail to return each completed document within the required time, the Procurement
Officer may determine that I am not responsible and therefore not eligible for contract award. If the
Contract has already been awarded, the award is voidable.
3.
Information Provided to MBE firms
In the solicitation of subcontract quotations or offers, MBE firms were provided not less than the same
information and amount of time to respond as were non-MBE firms.
4.
MBE Participation Schedule
Set forth below are the (i) certified MBEs I intend to use, (ii) the percentage of the total Contract amount
allocated to each MBE for this project and, (iii) the items of work each MBE will provide under the
Contract. I have confirmed with the MDOT database that the MBE firms identified below (including any
self-performing MBE prime firms) are performing work activities for which they are MDOT certified.
Prime Contractor
Project Description
PROJECT/CONTRACT
NUMBER
LIST INFORMATION FOR EACH CERTIFIED MBE FIRM YOU AGREE TO USE TO ACHIEVE THE MBE PARTICIPATION GOAL AND
SUBGOALS, IF ANY. MBE PRIMES: PLEASE COMPLETE BOTH SECTIONS A AND B BELOW.
SECTION A: For MBE Prime Contractors ONLY (including MBE Primes in a Joint Venture)
Percentage of total Contract Value to be performed with own
forces and counted towards the MBE overall participation goal (up
to 50% of the overall goal): _______%
MBE Prime Firm Name:________________________________

MBE Certification Number: ____________________________
Percentage of total Contract Value to be performed with own

forces and counted towards the subgoal, if any, for my MBE
classification (up to 100% of not more than one subgoal):
_______%
(If dually certified, check only one box.)

African American-Owned
Hispanic American- Owned
Asian American-Owned
Women-Owned
Other MBE Classification
Description of the Work to be performed with MBE primes own

workforce: __________________________________________
___________________________________________________
71
SECTION B: For all Contractors (including MBE Primes and MBE Primes in a Joint Venture)
MBE Firm Name:______________________________________
MBE Certification Number: _____________________________

Women-Owned
MBE Firm Name:______________________________________


Women-Owned
MBE Firm Name:______________________________________

MBE Certification Number:______________________________

Women-Owned
MBE Firm Name:______________________________________


Women-Owned
MBE Firm Name:______________________________________
Percentage of Total Contract to be provided by

this MBE: ________%
Description of the Work to be Performed:
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
this MBE: ________%
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
this MBE: ________%
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
this MBE: ________%
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
_____________________________________
this MBE: ________%

_____________________________________
_____________________________________
_____________________________________
Women-Owned
_____________________________________
_____________________________________
_____________________________________
(Continue on separate page if needed)
72
I solemnly affirm under the penalties of perjury that: (i) I have reviewed the instructions for the MBE
Utilization & Fair Solicitation Affidavit and MBE Schedule, and (ii) the information contained in the
MBE Utilization & Fair Solicitation Affidavit and MBE Schedule is true to the best of my knowledge,
information and belief.
_________________________
Bidder/Offeror Name
(PLEASE PRINT OR TYPE)
________________________
Signature of Authorized Representative
_________________________
Address
________________________
Printed Name and Title
_________________________
City, State and Zip Code
________________________
Date
73
MBE ATTACHMENT D-1B

WAIVER GUIDANCE
GUIDANCE FOR DOCUMENTING GOOD FAITH EFFORTS TO MEET
PARTICIPATION GOALS
MBE
In order to show that it has made good faith efforts to meet the Minority Business Enterprise (MBE) participation goal
(including any MBE subgoals) on a contract, the Bidder/Offeror must either (1) meet the MBE Goal(s) and document
its commitments for participation of MBE Firms, or (2) when it does not meet the MBE Goal(s), document its Good
Faith Efforts to meet the goal(s).
I.
Definitions
MBE Goal(s) MBE Goal(s) refers to the MBE participation goal and MBE participation subgoal(s).
Good Faith Efforts The Good Faith Efforts requirement means that when requesting a waiver, the Bidder/Offeror
must demonstrate that it took all necessary and reasonable steps to achieve the MBE Goal(s), which, by their scope,
intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient MBE participation,
even if those steps were not fully successful. Whether a Bidder/Offeror that requests a waiver made adequate good
faith efforts will be determined by considering the quality, quantity, and intensity of the different kinds of efforts that
the Bidder/Offeror has made. The efforts employed by the Bidder/Offeror should be those that one could reasonably
expect a Bidder/Offeror to take if the Bidder/Offeror were actively and aggressively trying to obtain MBE
participation sufficient to meet the MBE contract goal and subgoals. Mere pro forma efforts are not good faith efforts
to meet the MBE contract requirements. The determination concerning the sufficiency of the Bidder's/Offerors good
faith efforts is a judgment call; meeting quantitative formulas is not required.
Identified Firms Identified Firms means a list of the MBEs identified by the procuring agency during the goal
setting process and listed in the procurement as available to perform the Identified Items of Work. It also may include
additional MBEs identified by the Bidder/Offeror as available to perform the Identified Items of Work, such as MBEs
certified or granted an expansion of services after the procurement was issued. If the procurement does not include a
list of Identified Firms, this term refers to all of the MBE Firms (if State-funded) the Bidder/Offeror identified as
available to perform the Identified Items of Work and should include all appropriately certified firms that are
reasonably identifiable.
Identified Items of Work Identified Items of Work means the Bid/Proposal items identified by the procuring
agency during the goal setting process and listed in the procurement as possible items of work for performance by
MBE Firms. It also may include additional portions of items of work the Bidder/Offeror identified for performance
by MBE Firms to increase the likelihood that the MBE Goal(s) will be achieved. If the procurement does not include
a list of Identified Items of Work, this term refers to all of the items of work the Bidder/Offeror identified as possible
items of work for performance by MBE Firms and should include all reasonably identifiable work opportunities.
MBE Firms MBE Firms refers to a firm certified by the Maryland Department of Transportation (MDOT)
under COMAR 21.11.03. Only MDOT-certified MBE Firms can participate in the States MBE Program.
74
II.
Types of Actions Agency will Consider
The Bidder/Offeror is responsible for making relevant portions of the work available to MBE subcontractors and
suppliers and to select those portions of the work or material needs consistent with the available MBE subcontractors
and suppliers, so as to facilitate MBE participation. The following is a list of types of actions the procuring agency
will consider as part of the Bidder's/Offerors Good Faith Efforts when the Bidder/Offeror fails to meet the MBE
Goal(s). This list is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other
factors or types of efforts may be relevant in appropriate cases.
A.
Identify Bid/Proposal Items as Work for MBE Firms

1. Identified Items of Work in Procurements
(a) Certain procurements will include a list of Bid/Proposal items identified during the goal setting process as
possible work for performance by MBE Firms. If the procurement provides a list of Identified Items of Work, the
Bidder/Offeror shall make all reasonable efforts to solicit quotes from MBE Firms to perform that work.
(b) Bidders/Offerors may, and are encouraged to, select additional items of work to be performed by MBE Firms
to increase the likelihood that the MBE Goal(s) will be achieved.
2. Identified Items of Work by Bidders/Offerors
(a) When the procurement does not include a list of Identified Items of Work or for additional Identified Items of
Work, Bidders/Offerors should reasonably identify sufficient items of work to be performed by MBE Firms.
(b) Where appropriate, Bidders/Offerors should break out contract work items into economically feasible units to
facilitate MBE participation, rather than perform these work items with their own forces. The ability or desire of a
Prime contractor to perform the work of a contract with its own organization does not relieve the Bidder/Offeror of
the responsibility to make Good Faith Efforts.
B.
Identify MBE Firms to Solicit

1. MBE Firms Identified in Procurements
(a) Certain procurements will include a list of the MBE Firms identified during the goal setting process as
available to perform the items of work. If the procurement provides a list of Identified MBE Firms, the
Bidder/Offeror shall make all reasonable efforts to solicit those MBE firms.
(b) Bidders/offerors may, and are encouraged to, search the MBE Directory to identify additional MBEs who may
be available to perform the items of work, such as MBEs certified or granted an expansion of services after the
solicitation was issued.
2. MBE Firms Identified by Bidders/Offerors
(a) When the procurement does not include a list of Identified MBE Firms, Bidders/Offerors should reasonably
identify the MBE Firms that are available to perform the Identified Items of Work.
(b) Any MBE Firms identified as available by the Bidder/Offeror should be certified to perform the Identified
Items of Work.
75
C.
Solicit MBEs
1. Solicit all Identified Firms for all Identified Items of Work by providing written notice. The Bidder/Offeror
should:
(a) provide the written solicitation at least 10 days prior to Bid/Proposal opening to allow sufficient time for the
MBE Firms to respond;
(b) send the written solicitation by first-class mail, facsimile, or email using contact information in the MBE
Directory, unless the Bidder/Offeror has a valid basis for using different contact information; and
(c) provide adequate information about the plans, specifications, anticipated time schedule for portions of the
work to be performed by the MBE, and other requirements of the contract to assist MBE Firms in responding. (This
information may be provided by including hard copies in the written solicitation or by electronic means as described
in C.3 below.)
2.
All Identified Firms includes the MBEs listed in the procurement and any MBE Firms you identify
as potentially available to perform the Identified Items of Work, but it does not include MBE Firms who are no longer
certified to perform the work as of the date the Bidder/Offeror provides written solicitations.
3.
Electronic Means includes, for example, information provided via a website or file transfer protocol
(FTP) site containing the plans, specifications, and other requirements of the contract. If an interested MBE cannot
access the information provided by electronic means, the Bidder/Offeror must make the information available in a
manner that is accessible to the interested MBE.
4.
Follow up on initial written solicitations by contacting MBEs to determine if they are interested. The
follow up contact may be made:
(a) by telephone using the contact information in the MBE Directory, unless the Bidder/Offeror has a valid
basis for using different contact information; or
(b) in writing via a method that differs from the method used for the initial written solicitation.
5. In addition to the written solicitation set forth in C.1 and the follow up required in C.4, use all other
reasonable and available means to solicit the interest of MBE Firms certified to perform the work of the contract.
Examples of other means include:
(a) attending any pre-bid meetings at which MBE Firms could be informed of contracting and subcontracting
opportunities; and
(b) if recommended by the procurement, advertising with or effectively using the services of at least two
minority focused entities or media, including trade associations, minority/women community organizations,
minority/women contractors' groups, and local, state, and federal minority/women business assistance offices listed on
the MDOT Office of Minority Business Enterprise website.
D.
Negotiate With Interested MBE Firms
Bidders/Offerors must negotiate in good faith with interested MBE Firms.

1. Evidence of negotiation includes, without limitation, the following:
76
(a) the names, addresses, and telephone numbers of MBE Firms that were considered;
(b) a description of the information provided regarding the plans and specifications for the work selected for
subcontracting and the means used to provide that information; and
(c) evidence as to why additional agreements could not be reached for MBE Firms to perform the work.
2. A Bidder/Offeror using good business judgment would consider a number of factors in negotiating with
subcontractors, including MBE subcontractors, and would take a firm's price and capabilities as well as contract goals
into consideration.
3. The fact that there may be some additional costs involved in finding and using MBE Firms is not in itself
sufficient reason for a Bidder's/Offerors failure to meet the contract MBE goal(s), as long as such costs are
reasonable. Factors to take into consideration when determining whether a MBE Firms quote is excessive or
unreasonable include, without limitation, the following:
(a) the dollar difference between the MBE subcontractors quote and the average of the other subcontractors
quotes received by the Bidder/Offeror;
(b) the percentage difference between the MBE subcontractors quote and the average of the other subcontractors
quotes received by the Bidder/Offeror;
(c) the percentage that the MBE subcontractors quote represents of the overall contract amount;
(d) the number of MBE firms that the Bidder/Offeror solicited for that portion of the work;
(e) whether the work described in the MBE and Non-MBE subcontractor quotes (or portions thereof) submitted
for review is the same or comparable; and
(f) the number of quotes received by the Bidder/Offeror for that portion of the work.
4. The above factors are not intended to be mandatory, exclusive, or exhaustive, and other evidence of an
excessive or unreasonable price may be relevant.
5. The Bidder/Offeror may not use its price for self-performing work as a basis for rejecting a MBE Firms
quote as excessive or unreasonable.
6. The average of the other subcontractors quotes received by the Bidder/Offeror refers to the average of the
quotes received from all subcontractors. Bidder/Offeror should attempt to receive quotes from at least three
subcontractors, including one quote from a MBE and one quote from a Non-MBE.
7.
A Bidder/Offeror shall not reject a MBE Firm as unqualified without sound reasons based on a
thorough investigation of the firms capabilities. For each certified MBE that is rejected as unqualified or that placed
a subcontract quotation or offer that the Bidder/Offeror concludes is not acceptable, the Bidder/Offeror must provide a
written detailed statement listing the reasons for this conclusion. The Bidder/Offeror also must document the steps
taken to verify the capabilities of the MBE and Non-MBE Firms quoting similar work.
(a) The factors to take into consideration when assessing the capabilities of a MBE Firm, include, but are not
limited to the following: financial capability, physical capacity to perform, available personnel and equipment,
existing workload, experience performing the type of work, conduct and performance in previous contracts, and
ability to meet reasonable contract requirements.
77
(b) The MBE Firms standing within its industry, membership in specific groups, organizations, or associations
and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the
rejection or non-solicitation of bids in the efforts to meet the project goal.
E.
Assisting Interested MBE Firms

When appropriate under the circumstances, the decision-maker will consider whether the Bidder/Offeror:
1. made reasonable efforts to assist interested MBE Firms in obtaining the bonding, lines of credit, or insurance
required by the procuring agency or the Bidder/Offeror; and
2. made reasonable efforts to assist interested MBE Firms in obtaining necessary equipment, supplies, materials,
or related assistance or services.
III.
Other Considerations
In making a determination of Good Faith Efforts the decision-maker may consider engineering estimates, catalogue
prices, general market availability and availability of certified MBE Firms in the area in which the work is to be
performed, other bids or offers and subcontract bids or offers substantiating significant variances between certified
MBE and Non-MBE costs of participation, and their impact on the overall cost of the contract to the State and any
other relevant factors.
The decision-maker may take into account whether a Bidder/Offeror decided to self-perform subcontract work with its
own forces, especially where the self-performed work is Identified Items of Work in the procurement. The decisionmaker also may take into account the performance of other Bidders/Offerors in meeting the contract. For example,
when the apparent successful Bidder/Offeror fails to meet the contract goal, but others meet it, this reasonably raises
the question of whether, with additional reasonable efforts, the apparent successful Bidder/Offeror could have met the
goal. If the apparent successful Bidder/Offeror fails to meet the goal, but meets or exceeds the average MBE
participation obtained by other Bidders/Offerors, this, when viewed in conjunction with other factors, could be
evidence of the apparent successful Bidder/Offeror having made Good Faith Efforts.
IV.
Documenting Good Faith Efforts
At a minimum, a Bidder/Offeror seeking a waiver of the MBE Goal(s) or a portion thereof must provide written
documentation of its Good Faith Efforts, in accordance with COMAR 21.11.03.11, within 10 business days after
receiving notice that it is the apparent awardee. The written documentation shall include the following:
A.
Items of Work (Complete Good Faith Efforts Documentation Attachment D-1C, Part 1)
A detailed statement of the efforts made to select portions of the work proposed to be performed by certified MBE
Firms in order to increase the likelihood of achieving the stated MBE Goal(s).
B.
Outreach/Solicitation/Negotiation
1. The record of the Bidders/Offerors compliance with the outreach efforts prescribed by COMAR
21.11.03.09C(2)(a). (Complete Outreach Efforts Compliance Statement Attachment D-2).
2. A detailed statement of the efforts made to contact and negotiate with MBE Firms including:
(a) the names, addresses, and telephone numbers of the MBE Firms who were contacted, with the dates and
manner of contacts (letter, fax, email, telephone, etc.) (Complete Good Faith Efforts Attachment D-1C- Part 2,
and submit letters, fax cover sheets, emails, etc. documenting solicitations); and
78
(b) a description of the information provided to MBE Firms regarding the plans, specifications, and anticipated
time schedule for portions of the work to be performed and the means used to provide that information.
C.
Rejected MBE Firms (Complete Good Faith Efforts Attachment D-1C, Part 3)
1. For each MBE Firm that the Bidder/Offeror concludes is not acceptable or qualified, a detailed statement of
the reasons for the Bidder's/Offerors conclusion, including the steps taken to verify the capabilities of the MBE and
Non-MBE Firms quoting similar work.
2. For each certified MBE Firm that the Bidder/Offeror concludes has provided an excessive or unreasonable
price, a detailed statement of the reasons for the Bidder's/Offerors conclusion, including the quotes received from all
MBE and Non-MBE firms bidding on the same or comparable work. (Include copies of all quotes received.)
3. A list of MBE Firms contacted but found to be unavailable. This list should be accompanied by a MBE
Unavailability Certificate (see D-1B - Exhibit A to this Part 1) signed by the MBE contractor or a statement from the
bidder/offeror that the MBE contractor refused to sign the MBE Unavailability Certificate.
D.
Other Documentation
1. Submit any other documentation requested by the Procurement Officer to ascertain the Bidders/Offerors
Good Faith Efforts.
2. Submit any other documentation the Bidder/Offeror believes will help the Procurement Officer ascertain its
Good Faith Efforts.
79
MBE ATTACHMENT D-1B - Exhibit A

MBE Subcontractor Unavailability Certificate
1. It is hereby certified that the firm of
(Name of Minority firm)
located at
(Number)
(Street)
(City)
(State)
(Zip)
was offered an opportunity to bid on Solicitation No.

in
County by
(Name of Prime Contractors Firm)
**********************************************************************************************
2.
(Minority Firm), is either unavailable for the
work/service or unable to prepare a bid for this project for the following reason(s):
Signature of Minority Firms MBE Representative
Title
MDOT CERTIFICATION #
Date
TELEPHONE #
3. To be completed by the prime contractor if Section 2 of this form is not completed by the minority firm.
To the best of my knowledge and belief, said Certified Minority Business Enterprise is either unavailable for the
work/service for this project, is unable to prepare a bid, or did not respond to a request for a price proposal and has not
completed the above portion of this submittal.
Signature of Prime Contractor
Title
80
Date
MBE ATTACHMENT D-1C

GOOD FAITH EFFORTS DOCUMENTATION TO SUPPORT WAIVER REQUEST
PAGE __ OF ___
Prime Contractor
Project Description
SOLICITATION NUMBER
PARTS 1, 2, AND 3 MUST BE INCLUDED WITH THIS CERTIFICATE ALONG WITH ALL DOCUMENTS SUPPORTING
YOUR WAIVER REQUEST.
I affirm that I have reviewed Attachment D-1B, Waiver Guidance. I further affirm under penalties of perjury that the
contents of Parts 1, 2, and 3 of this Attachment D-1C Good Faith Efforts Documentation Form are true to the best of
my knowledge, information, and belief.
____________________________________
Company Name
______________________________________
Signature of Representative
____________________________________
Address
______________________________________
____________________________________
______________________________________
Date
81
GOOD FAITH EFFORTS DOCUMENTATION

TO SUPPORT WAIVER REQUEST
PART 1 IDENTIFIED ITEMS OF WORK BIDDER/OFFEROR MADE AVAILABLE

TO MBE FIRMS
PAGE __ OF ___
Prime Contractor
Project Description
SOLICITATION NUMBER
Identify those items of work that the Bidder/Offeror made available to MBE Firms. This includes, where appropriate,
those items the Bidder/Offeror identified and determined to subdivide into economically feasible units to facilitate the
MBE participation. For each item listed, show the anticipated percentage of the total contract amount. It is the
Bidders/Offerors responsibility to demonstrate that sufficient work to meet the goal was made available to MBE
Firms, and the total percentage of the items of work identified for MBE participation equals or exceeds the percentage
MBE goal set for the procurement. Note: If the procurement includes a list of Bid/Proposal items identified during
the goal setting process as possible items of work for performance by MBE Firms, the Bidder/Offeror should make all
of those items of work available to MBE Firms or explain why that item was not made available. If the
Bidder/Offeror selects additional items of work to make available to MBE Firms, those additional items should also
be included below.
Identified Items of Work
Was this work

listed in the
procurement?
Does
Bidder/Offeror
normally
self-perform
this work?
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Was this work made

available to MBE Firms?
If no, explain why?
Please check if Additional Sheets are attached.
82

PART 2 IDENTIFIED MBE FIRMS AND RECORD OF SOLICITATIONS

PAGE __ OF ___
Prime Contractor
Project Description
SOLICITATION NUMBER
Identify the MBE Firms solicited to provide quotes for the Identified Items of Work made available for MBE participation.
Include the name of the MBE Firm solicited, items of work for which bids/quotes were solicited, date and manner of initial and
follow-up solicitations, whether the MBE provided a quote, and whether the MBE is being used to meet the MBE participation
goal. MBE Firms used to meet the participation goal must be included on the MBE Participation Schedule. Note: If the
procurement includes a list of the MBE Firms identified during the goal setting process as potentially available to perform the
items of work, the Bidder/Offeror should solicit all of those MBE Firms or explain why a specific MBE was not solicited. If the
Bidder/Offeror identifies additional MBE Firms who may be available to perform Identified Items of Work, those additional MBE
Firms should also be included below. Copies of all written solicitations and documentation of follow-up calls to MBE Firms must
be attached to this form. This list should be accompanied by a Minority Contractor Unavailability Certificate signed by the MBE
contractor or a statement from the Bidder/Offeror that the MBE contractor refused to sign the Minority Contractor Unavailability
Certificate (see Attachment D-1B Exhibit A). If the Bidder/Offeror used a Non-MBE or is self-performing the identified items
of work, Part 3 must be completed.
Name of
Identified MBE Firm
& MBE Classification
Describe Item of
Work Solicited
Firm Name:
MBE Classification
(Check only if requesting
waiver of MBE subgoal.)
Initial
Solicitation
Date &
Method
Date:
Follow-up
Solicitation
Date &
Method
Date:
Details for
Follow-up
Calls
Quote
Recd
Quote
Used
Reason
Quote
Rejected
Time of Call:
Yes
No
Yes
No
Mail
Facsimile
Email
Phone
Mail
Facsimile
Email
Spoke With:
Used Other
MBE
Used NonMBE
Date:
Date:
Time of Call:
Mail
Facsimile
Email
Phone
Mail
Facsimile
Email
Spoke With:
Left
Message
Selfperforming
African AmericanOwned
Hispanic AmericanOwned
Asian AmericanOwned
Women-Owned
Other MBE
Classification
Firm Name:
MBE Classification
(Check only if requesting
waiver of MBE subgoal.)
African AmericanOwned
Hispanic AmericanOwned
Asian AmericanOwned
Women-Owned
Other MBE
Classification
Left
Message
Yes
No
Yes
No
Used Other
MBE
Used NonMBE
Selfperforming
83

PART 3 ADDITIONAL INFORMATION REGARDING REJECTED MBE QUOTES

PAGE __ OF ___
Prime Contractor
Project Description
SOLICITATION NUMBER
This form must be completed if Part 2 indicates that a MBE quote was rejected because the Bidder/Offeror is using a
Non-MBE or is self-performing the Identified Items of Work. Provide the Identified Items Work, indicate whether the
work will be self-performed or performed by a Non-MBE, and if applicable, state the name of the Non-MBE. Also
include the names of all MBE and Non-MBE Firms that provided a quote and the amount of each quote.
Describe Identified
Items of Work Not
Being Performed by
MBE
(Include spec/section
number from
Bid/Proposal)
Self-performing or
Using Non-MBE
(Provide name)
Amount of
Non-MBE
Quote
Name of Other Firms

who Provided Quotes
&
Whether MBE or
Non-MBE
Amount
Quoted
Self-performing
Using Non-MBE
$________
_
________________
Self-performing
Using Non-MBE
$________
_
________________
Self-performing
Using Non-MBE
$________
_
________________
Self-performing
Using Non- MBE
$________
_
________________
Self-performing
Using Non- MBE
$________
_
________________
Self-performing
Using Non- MBE
________________
$________
_
__________________
MBE
Non-MBE
__________________
MBE
Non- MBE
__________________
MBE
Non- MBE
__________________
MBE
Non- MBE
__________________
MBE
Non- MBE
__________________
MBE
Non- MBE
Indicate Reason Why MBE

Quote Rejected & Briefly
Explain
$_________
_
Price
Capabilities
Other
$_________
_
Price
Capabilities
Other
$_________
_
Price
Capabilities
Other
$_________
_
Price
Capabilities
Other
$_________
_
Price
Capabilities
Other
$_________
_
Price
Capabilities
Other
84
MBE ATTACHMENT D-2

OUTREACH EFFORTS COMPLIANCE STATEMENT
Complete and submit this form within 10 Business Days of notification of apparent award or actual award, whichever
is earlier.
In conjunction with the Bid/Proposal submitted in response to Solicitation No.___________, I state the following:
1. Bidder/Offeror identified subcontracting opportunities in these specific work categories:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
2. Attached to this form are copies of written solicitations (with bidding/proposal instructions) used to solicit certified
MBE firms for these subcontract opportunities.
3. Bidder/Offeror made the following attempts to personally contact the solicited MDOT-certified MBE firms:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
4. Please Check One:
This project does not involve bonding requirements.
Bidder/Offeror assisted MDOT-certified MBE firms to fulfill or seek waiver of bonding requirements.
(DESCRIBE EFFORTS): ___________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
5. Please Check One:
Bidder/Offeror did attend the pre-bid/pre-proposal conference.
No pre-Bid/pre-Proposal meeting/conference was held.
Bidder/Offeror did not attend the pre-Bid/pre-Proposal conference.
_________________________
Company Name
________________________
Signature of Representative
_________________________
Address
________________________
_________________________
________________________
Date
85
MBE ATTACHMENT D-3A

MBE SUBCONTRACTOR PROJECT PARTICIPATION CERTIFICATION
PLEASE COMPLETE AND SUBMIT ONE FORM FOR EACH CERTIFIED MBE FIRM LISTED ON THE MBE
PARTICIPATION SCHEDULE (ATTACHMENT D-1A) WITHIN 10 BUSINESS DAYS OF NOTIFICATION OF
APPARENT AWARD. IF THE BIDDER/OFFEROR FAILS TO RETURN THIS AFFIDAVIT WITHIN THE REQUIRED
TIME, THE PROCUREMENT OFFICER MAY DETERMINE THAT THE BIDDER/OFFEROR IS NOT
RESPONSIBLE AND THEREFORE NOT ELIGIBLE FOR CONTRACT AWARD.
Provided that _________________________________________________ (Prime Contractors Name) is awarded the State
Contract in conjunction with Solicitation No. _______________________, such Prime Contractor intends to enter into a
subcontract with ____________________(Subcontractors Name) committing to participation by the MBE firm
___________________ (MBE Name) with MDOT Certification Number _______________ which will receive at least
$___________ which equals to___% of the Total Contract Amount for performing the following products/services for the
Contract:
NAICS CODE
WORK ITEM, SPECIFICATION NUMBER,

LINE ITEMS OR WORK CATEGORIES (IF
APPLICABLE)
DESCRIPTION OF SPECIFIC PRODUCTS

AND/OR SERVICES
Each of the Contractor and Subcontractor acknowledges that, for purposes of determining the accuracy of the information
provided herein, the Procurement Officer may request additional information, including, without limitation, copies of the
subcontract agreements and quotes. Each of the Contractor and Subcontractor solemnly affirms under the penalties of perjury
that: (i) the information provided in this MBE Subcontractor Project Participation Affidavit is true to the best of its knowledge,
information and belief, and (ii) has fully complied with the State Minority Business Enterprise law, State Finance and
Procurement Article 14-308(a)(2), Annotated Code of Maryland which provides that, except as otherwise provided by law, a
contractor may not identify a certified minority business enterprise in a Bid/Proposal and:
(1)
fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to
identify the certified Minority Business Enterprise in its Bid/Proposal;
(2)
fail to notify the certified Minority Business Enterprise before execution of the Contract of its inclusion of the
Bid/Proposal;
(3)
fail to use the certified Minority Business Enterprise in the performance of the Contract; or
(4)
pay the certified Minority Business Enterprise solely for the use of its name in the Bid/Proposal.
PRIME CONTRACTOR
Signature of Representative:
____________________________________
Printed Name and Title:_________________
____________________________________
Firms Name: ________________________
Federal Identification Number: __________
Address: ____________________________
____________________________________
Telephone: __________________________
Date: ______________________________
SUBCONTRACTOR
___________________________________
Printed Name and Title:________________
___________________________________
Firms Name: ________________________
Federal Identification Number: __________
Address: ___________________________
___________________________________
Telephone: _________________________
Date: ______________________________
86
MBE ATTACHMENT D-3B

MBE PRIME - PROJECT PARTICIPATION CERTIFICATION
PLEASE COMPLETE AND SUBMIT THIS FORM TO ATTEST EACH SPECIFIC ITEM OF WORK THAT
YOUR MBE FIRM HAS LISTED ON THE MBE PARTICIPATION SCHEDULE (ATTACHMENT D-1A)
FOR PURPOSES OF MEETING THE MBE PARTICIPATION GOALS. THIS FORM MUST BE
SUBMITTED WITHIN 10 BUSINESS DAYS OF NOTIFICATION OF APPARENT AWARD. IF THE
BIDDER/OFFEROR FAILS TO RETURN THIS AFFIDAVIT WITHIN THE REQUIRED TIME, THE
PROCUREMENT OFFICER MAY DETERMINE THAT THE BIDDER/OFFEROR IS NOT RESPONSIBLE
AND THEREFORE NOT ELIGIBLE FOR CONTRACT AWARD.
Provided that _________________________________________________ (Prime Contractors Name) with
Certification Number ___________ is awarded the State contract in conjunction with Solicitation No.
_______________________, such MBE Prime Contractor intends to perform with its own forces at least
$___________ which equals to___% of the Total Contract Amount for performing the following products/services
for the Contract:
NAICS CODE
WORK ITEM,
SPECIFICATION NUMBER,
LINE ITEMS OR WORK
CATEGORIES (IF
APPLICABLE). FOR
CONSTRUCTION
PROJECTS, GENERAL
CONDITIONS MUST BE
LISTED SEPARATELY.
DESCRIPTION OF SPECIFIC
PRODUCTS AND/OR SERVICES
VALUE OF THE
WORK
MBE PRIME CONTRACTOR

________________________________________
Printed Name and Title:_____________________
________________________________________
Firms Name: ____________________________
Federal Identification Number: ______________
Address: ________________________________
________________________________________
Telephone: _______________________________
Date: ___________________________________
87
MBE ATTACHMENT D-4A

Minority Business Enterprise Participation
Prime Contractor Paid/Unpaid MBE Invoice Report
Report #: ________
Reporting Period (Month/Year): _____________
Prime Contractor: Report is due to the MBE Liaison by the
10th of the month following the month the services were
provided.
Note: Please number reports in sequence
Contract #: ___________________________________
Contracting Unit: ______________________________
Contract Amount: ______________________________
MBE Subcontract Amt: __________________________
Project Begin Date: _____________________________
Project End Date: _______________________________
Services Provided: ______________________________
Prime Contractor:
Contact Person:
Address:
City:
State:
Phone:
ZIP:
Fax:
E-mail:
MBE Subcontractor Name:

Phone:
Contact Person:
Fax:
Subcontractor Services Provided:

List all payments made to MBE subcontractor named above
during this reporting period:
Invoice#
Amount
1.
List dates and amounts of any outstanding invoices:

Invoice #
Amount
1.
2.
2.
3.
3.
4.
4.
Total Dollars Paid: $____________________________
Total Dollars Unpaid: $__________________________
If more than one MBE subcontractor is used for this contract, you must use separate D-4A forms for each subcontractor.
Information regarding payments that the MBE prime will use for purposes of meeting the MBE participation goals must be
reported separately in Attachment D-4B
Return one copy (hard or electronic) of this form to the following addresses (electronic copy with signature and date is
preferred):
Contract Monitor: ________________________________________________________________________
Contracting Unit and Address: __________________________________________________________________________
__________________________________________________________________________________________________
Signature:________________________________________________ Date:_____________________
(Required)
88
MBE ATTACHMENT D-4B

MBE Prime Contractor Report
MBE Prime Contractor:
Certification Number:
Report #: ________
MBE Prime Contractor: Report is due to the MBE Liaison
by the __ of the month following the month the services were
provided.
Invoice Number
Value of the
Work
Contract #: ___________________________________
Contract Amount: _______________________________
Total Value of the Work to the Self-Performed for
purposes of Meeting the MBE participation
goal/subgoals: _________________________________
Project End Date: _______________________________
NAICS Code
Description of the Work
preferred):
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Signature:________________________________________________ Date:_____________________
(Required)
MBE ATTACHMENT D-5

Subcontractor Paid/Unpaid MBE Invoice Report
89
Contract #: ____________________________________
Contracting Unit: __________________
MBE Subcontract Amount: _______________________
Project End Date: _______________________________
Report#: ____
Reporting Period (Month/Year): ________________
Report is due by the ___ of the month following the month the
services were performed.
MBE Subcontractor Name:
MDOT Certification #:
Contact Person:
E-mail:
Address:
City:
State:
Phone:
ZIP:
Fax:

List all payments received from Prime Contractor during
reporting period indicated above.
Invoice Amt
Date
1.
List dates and amounts of any unpaid invoices over 30

days old.
Invoice Amt
Date
1.
2.
2.
3.
3.
Total Dollars Paid: $_________________________
Total Dollars Unpaid: $_________________________
Prime Contractor:
Contact Person:
preferred):
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Signature:________________________________________________ Date:_____________________
(Required)
ATTACHMENT E PRE-BID CONFERENCE RESPONSE FORM
90
Solicitation Number (solicitation number)

A Pre-Bid Conference will be held at (time of Conference), on (date of Conference), at (full address of
Conference). Please return this form by (final date for submission of Attachment E), advising whether or not you plan
to attend.
Return via e-mail or fax this form to the Procurement Officer:
(Department)
(address of Procurement Officer)
Email: (email address of Procurement Officer)
Fax #: (fax number of Procurement Officer)
Please indicate:
Yes, the following representatives will be in attendance:
1.
2.
3.
No, we will not be in attendance.
Please specify whether any reasonable accommodations are requested (see IFB 1.7 Pre-Bid Conference):
_______________________________________________________________________________________
Signature
Title
________________________________________________________________________________
Name of Firm (please print)
ATTACHMENT F BID PRICING INSTRUCTIONS

In order to assist Bidders in the preparation of their Bid and to comply with the requirements of this solicitation, Bid
Pricing Instructions and a Bid Form have been prepared. Bidders shall submit their Bid on the Bid Form in
accordance with the instructions on the Bid Form and as specified herein. Do not alter the Bid Form or the Bid Form
91
may be rejected. The Bid Form is to be signed and dated, where requested, by an individual who is authorized to bind
the Bidder to the prices entered on the Bid Form.
The Bid Form is used to calculate the Bidders TOTAL BID PRICE. Follow these instructions carefully when
completing your Bid Form:
A) All Unit and Extended Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points
clear and distinct.
B)
C)
All Unit Prices must be the actual price per unit the State will pay for the specific item or service
identified in this IFB and may not be contingent on any other factor or condition in any manner.
All calculations shall be rounded to the nearest cent, i.e., .344 shall be .34 and .345 shall be .35.
D) Any goods or services required through this IFB and proposed by the vendor at No Cost to the State must be
clearly entered in the Unit Price, if appropriate, and Extended Price with $0.00.
E) Every blank in every Bid Form shall be filled in. Any blanks may result in the Bid being regarded as nonresponsive and thus rejected. Any changes or corrections made to the Bid Form by the Bidder prior to submission
shall be initialed and dated.
F)
Except as instructed on the Bid Form, nothing shall be entered on or attached to the Bid Form that alters
or proposes conditions or contingencies on the prices. Alterations and/or conditions usually render the Bid nonresponsive, which means it will be rejected.
G) It is imperative that the prices included on the Bid Form have been entered correctly and calculated accurately by
the Bidder and that the respective total prices agree with the entries on the Bid Form. Any incorrect entries or
inaccurate calculations by the Bidder will be treated as provided in COMAR 21.05.03.03E and 21.05.02.12, and
may cause the Bid to be rejected.
H) If option years are included, Bidders must submit pricing for each option year. Any option to renew will be
exercised at the sole discretion of the State and will comply with all terms and conditions in force at the time the
option is exercised. If exercised, the option period shall be for a period identified in the IFB at the prices entered
in the Bid Form.
I) All Bid prices entered below are to be fully loaded prices that include all costs/expenses associated with the
provision of services as required by the IFB. The Bid price shall include, but is not limited to, all: labor,
profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work
set forth in the solicitation. No other amounts will be paid to the Contractor. If labor rates are requested, those
amounts shall be fully-loaded rates; no overtime amounts will be paid.
J) Unless indicated elsewhere in the IFB, sample amounts used for calculations on the Bid Form are typically
estimates for bidding purposes only. The Department does not guarantee a minimum or maximum number of
units or usage in the performance of this Contract.
K) Failure to adhere to any of these instructions may result in the Bid being determined non-responsive and rejected
by the Department.
(Add additional instructions as needed to assist Bidders in the completion of the Bid Form. Also, validate that the
instructions above are appropriate for the type of prices being solicited. If inappropriate, delete any conflicting
instructions as necessary.)
ATTACHMENT F BID FORM
92
BID FORM
The Bid shall contain all price information in the format specified on these pages. Complete the Bid Form only as
provided in the Bid Pricing Instructions. Do not amend, alter or leave blank any items on the Bid Form. If option
years are included, Bidders must submit Bids for each option year. Failure to adhere to any of these instructions may
result in the bid being determined non-responsive and rejected by the Department.
(Enter Bid Form information. A generic sample is provided below. If the Bid Form is complex, you may use a
separate document such as an Excel file, and reference that document here.)
YEAR 1
employee @ $
widgets @ $
Year 1 Total
per hour x 100 hours

per unit x 100 units
YEAR 2
employee @ $
widgets @ $
Year 2 Total

YEAR 3
employee @ $
widgets @ $
Year 3 Total

OPTION YEAR 1
employee @ $
widgets @ $
Option Year 1 Total

OPTION YEAR 2
employee @ $
widgets @ $
Option Year 2 Total

TOTAL BID PRICE (a)+(b)+(c)+(d)+(e) =
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(a)
(b)
(c)
(d)
(e)
$ _____________________
(BASIS FOR AWARD)
Submitted By:
Authorized Signature: _______________________________________________ Date: ________________________
Printed Name and Title: ___________________________________________________________________________
Company Name: ________________________________________________________________________________
Company Address: _______________________________________________________________________________
Location(s) from which services will be performed (City/State): ___________________________________________
FEIN: __________________________________ eMM #: ______________________________________________
Telephone: (_______) _______-- _______________ Fax: (_______) _______--_____________________________
E-mail: ________________________________________________________________________________________
93
ATTACHMENT G LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS

Living Wage Requirements for Service Contracts
A. This contract is subject to the Living Wage requirements under Md. Code Ann., State Finance and
Procurement Article, Title 18, and the regulations proposed by the Commissioner of Labor and Industry
(Commissioner). The Living Wage generally applies to a Contractor or Subcontractor who performs
work on a State contract for services that is valued at $100,000 or more. An employee is subject to the
Living Wage if he/she is at least 18 years old or will turn 18 during the duration of the contract; works at
least 13 consecutive weeks on the State Contract and spends at least one-half of the employees time
during any work week on the State Contract.
B. The Living Wage Law does not apply to:
(1)
(2)
(3)
C.
A Contractor who:
(a)
Has a State contract for services valued at less than $100,000, or
(b)
Employs 10 or fewer employees and has a State contract for services valued at less than
$500,000.
A Subcontractor who:
(a)
Performs work on a State contract for services valued at less than $100,000,
(b)
Employs 10 or fewer employees and performs work on a State contract for services
valued at less than $500,000, or
(c)
Performs work for a Contractor not covered by the Living Wage Law as defined in B(1)
(b) above, or B(3) or C below.
Service contracts for the following:

(a)
Services with a Public Service Company;
(b)
Services with a nonprofit organization;
(c)
Services with an officer or other entity that is in the Executive Branch of the State
government and is authorized by law to enter into a procurement (Unit); or
(d)
Services between a Unit and a County or Baltimore City.
If the Unit responsible for the State contract for services determines that application of the Living
Wage would conflict with any applicable Federal program, the Living Wage does not apply to the
contract or program.
94
D.
A Contractor must not split or subdivide a State contract for services, pay an employee through a
third party, or treat an employee as an independent Contractor or assign work to employees to avoid
the imposition of any of the requirements of Md. Code Ann., State Finance and Procurement Article,
Title 18.
E.
Each Contractor/Subcontractor, subject to the Living Wage Law, shall post in a prominent and easily
accessible place at the work site(s) of covered employees a notice of the Living Wage Rates,
employee rights under the law, and the name, address, and telephone number of the Commissioner.
F.
The Commissioner shall adjust the wage rates by the annual average increase or decrease, if any, in
the Consumer Price Index for all urban consumers for the Washington/Baltimore metropolitan area,
or any successor index, for the previous calendar year, not later than 90 days after the start of each
fiscal year. The Commissioner shall publish any adjustments to the wage rates on the Division of
Labor and Industrys website. An employer subject to the Living Wage Law must comply with the
rate requirements during the initial term of the contract and all subsequent renewal periods,
including any increases in the wage rate, required by the Commissioner, automatically upon the
effective date of the revised wage rate.
G.
A Contractor/Subcontractor who reduces the wages paid to an employee based on the employers
share of the health insurance premium, as provided in Md. Code Ann., State Finance and
Procurement Article, 18-103(c), shall not lower an employees wage rate below the minimum wage
as set in Md. Code Ann., Labor and Employment Article, 3-413. A Contractor/Subcontractor who
reduces the wages paid to an employee based on the employers share of health insurance premium
shall comply with any record reporting requirements established by the Commissioner.
H.
A Contractor/Subcontractor may reduce the wage rates paid under Md. Code Ann., State Finance and
Procurement Article, 18-103(a), by no more than 50 cents of the hourly cost of the employers
contribution to an employees deferred compensation plan. A Contractor/Subcontractor who reduces
the wages paid to an employee based on the employers contribution to an employees deferred
compensation plan shall not lower the employees wage rate below the minimum wage as set in Md.
Code Ann., Labor and Employment Article, 3-413.
I.
Under Md. Code Ann., State Finance and Procurement Article, Title 18, if the Commissioner
determines that the Contractor/Subcontractor violated a provision of this title or regulations of the
Commissioner, the Contractor/Subcontractor shall pay restitution to each affected employee, and the
State may assess liquidated damages of $20 per day for each employee paid less than the Living
Wage.
J.
Information pertaining to reporting obligations may be found by going to the Division of Labor and
Industry website http://www.dllr.state.md.us/labor/ and clicking on Living Wage for State Service
Contracts.
95
ATTACHMENT G-1
Maryland Living Wage Requirements Affidavit of Agreement

(submit with Bid/Proposal)
Contract No. ________________________________

Name of Contractor _______________________________________________________
Address_________________________________________________________________
City_________________________________ State________ Zip Code_______________
If the Contract Is Exempt from the Living Wage Law
The Undersigned, being an authorized representative of the above named Contractor, hereby affirms that the
Contract is exempt from Marylands Living Wage Law for the following reasons (check all that apply):
Bidder/Offeror is a nonprofit organization
Bidder/Offeror is a public service company
Bidder/Offeror employs 10 or fewer employees and the proposed contract value is less than
$500,000
Bidder/Offeror employs more than 10 employees and the proposed contract value is less than
$100,000
If the Contract Is a Living Wage Contract
A.
The Undersigned, being an authorized representative of the above-named Contractor, hereby affirms
its commitment to comply with Title 18, State Finance and Procurement Article, Annotated Code of
Maryland and, if required, to submit all payroll reports to the Commissioner of Labor and Industry
with regard to the above stated contract. The Bidder/Offeror agrees to pay covered employees who
are subject to living wage at least the living wage rate in effect at the time service is provided for
hours spent on State contract activities, and to ensure that its Subcontractors who are not exempt also
pay the required living wage rate to their covered employees who are subject to the living wage for
hours spent on a State contract for services. The Contractor agrees to comply with, and ensure its
Subcontractors comply with, the rate requirements during the initial term of the contract and all
subsequent renewal periods, including any increases in the wage rate established by the
Commissioner of Labor and Industry, automatically upon the effective date of the revised wage rate.
B.
_____________________(initial here if applicable) The Bidder/Offeror affirms it has no covered

employees for the following reasons: (check all that apply):
The employee(s) proposed to work on the contract will spend less than one-half of the
employees time during any work week on the contract
96
The employee(s) proposed to work on the contract is 17 years of age or younger during the
duration of the contract; or
The employee(s) proposed to work on the contract will work less than 13 consecutive weeks
on the State contract.
The Commissioner of Labor and Industry reserves the right to request payroll records and other data that the
Commissioner deems sufficient to confirm these affirmations at any time.
Name of Authorized Representative: _______________________________________

_____________________________________________________________________
Signature of Authorized Representative
Date
_____________________________________________________________________
Title
_____________________________________________________________________
Witness Name (Typed or Printed)
______________________________________________________________________
Witness Signature
Date
97
ATTACHMENT H - FEDERAL FUNDS ATTACHMENT

(If this solicitation does not include Federal funding (see Section 1.35), enter only the following sentence for this
Attachment and delete the rest of these H Attachments:)
This solicitation does not include a Federal Funds Attachment.
(If this solicitation does include Federal funding (see Section 1.35), enter the language below for these Attachments.
Note that the Procurement Officer should check to see if there are any additional requirements or restrictions relative
to the applicable Federal funding source, and should incorporate such additions into the solicitation as necessary.)
A Summary of Certain Federal Fund Requirements and Restrictions
1.
Form and rule enclosed: 18 U.S.C. 1913 and Section 1352 of P.L. 101-121 require that all prospective and
present sub-grantees (this includes all levels of funding) who receive more than $100,000 in federal funds
must submit the form Certification Against Lobbying. It assures, generally, that recipients will not lobby
federal entities with federal funds, and that, as is required, they will disclose other lobbying on form SF- LLL.
2.
Form and instructions enclosed: Form LLL, Disclosure of Lobbying Activities must be submitted by those
receiving more than $100,000 in federal funds, to disclose any lobbying of federal entities (a) with profits
from federal contracts or (b) funded with nonfederal funds.
3.
Form and summary of Act enclosed: Sub-recipients of federal funds on any level must complete a
Certification Regarding Environmental Tobacco Smoke, required by Public Law 103-227, the Pro-Children
Act of 1994. Such law prohibits smoking in any portion of any indoor facility owned or leased or contracted
for regular provision of health, day care, early childhood development, education, or library services for
children under the age of 18. Such language must be included in the conditions of award (they are included in
the certification, which may be part of such conditions.) This does not apply to those solely receiving
Medicaid or Medicare, or facilities where WIC coupons are redeemed.
4.
In addition, federal law requires that:

A)
OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations requires that
grantees (both recipients and sub-recipients) which expend a total of $300,000 or more ($500,000 for
fiscal years ending after December 31, 2003) in federal assistance shall have a single or programspecific audit conducted for that year in accordance with the provisions of the Single Audit Act of 1984,
P.L. 98-502, and the Single Audit Act Amendments of 1996, P.L. 104-156 and the Office of
Management and Budget (OBM) Circular A-133. All sub-grantee audit reports, performed in
compliance with the aforementioned Circular shall be forwarded within 30 days of report issuance to
the Department Contract Monitor.
B)
All sub-recipients of federal funds comply with Sections 503 and 504 of the Rehabilitation Act of 1973,
the conditions of which are summarized in item (C).
C)
Recipients of $10,000 or more (on any level) must include in their contract language the requirements
of Sections 503 (language specified) and 504 referenced in item (B).
Section 503 of the Rehabilitation Act of 1973, as amended, requires recipients to take affirmative action
to employ and advance in employment qualified disabled people. An affirmative action program must
98
be prepared and maintained by all contractors with 50 or more employees and one or more federal
contracts of $50,000 or more.
This clause must appear in subcontracts of $10,000 or more:
a)
The contractor will not discriminate against any employee or applicant for employment because
of physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. The contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without discrimination based
upon their physical or mental handicap in all upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship.
b)
The contractor agrees to comply with the rules, regulations, and relevant orders of the secretary of
labor issued pursuant to the act.
c)
In the event of the contractors non-compliance with the requirements of this clause, actions for
non-compliance may be taken in accordance with the rules, regulations and relevant orders of the
secretary of labor issued pursuant to the act.
d)
The contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the director, provided by or through the
contracting office. Such notices shall state the contractors obligation under the law to take
affirmative action to employ and advance in employment qualified handicapped employees and
applicants for employment, and the rights of applicants and employees.
e)
The contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the contractor is bound by
the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative
action to employ and advance in employment physically and mentally handicapped individuals.
f)
The contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules, regulations, or orders of the [federal] secretary issued
pursuant to Section 503 of the Act, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any subcontract or
purchase order as the director of the Office of Federal Contract Compliance Programs may direct
to enforce such provisions, including action for non-compliance.
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 791 et seq.) prohibits
discrimination on the basis of handicap in all federally assisted programs and activities. It
requires the analysis and making of any changes needed in three general areas of operationprograms, activities, and facilities and employment. It states, among other things, that:
Grantees that provide health ... services should undertake tasks such as ensuring emergency
treatment for the hearing impaired and making certain that persons with impaired sensory or
speaking skills are not denied effective notice with regard to benefits, services, and waivers of
rights or consents to treatments.
D)
All sub-recipients comply with Title VI of the Civil Rights Act of 1964 that they must not discriminate
in participation by race, color, or national origin.
99
E)
All sub-recipients of federal funds from SAMHSA (Substance Abuse and Mental Health Services
Administration) or NIH (National Institute of Health) are prohibited from paying any direct salary at a
rate more than Executive Level 1 per year. (This includes, but is not limited to, sub-recipients of the
Substance Abuse Prevention and Treatment and the Community Mental Health Block Grants and NIH
research grants.)
F)
There may be no discrimination on the basis of age, according to the requirements of the Age
Discrimination Act of 1975.
G)
For any education program, as required by Title IX of the Education Amendments of 1972, there may
be no discrimination on the basis of sex.
H)
For research projects, a form for Protection of Human Subjects (Assurance/ Certification/ Declaration)
should be completed by each level funded, assuring that either: (1) there are no human subjects
involved, or that (2) an Institutional Review Board (IRB) has given its formal approval before human
subjects are involved in research. [This is normally done during the application process rather than after
the award is made, as with other assurances and certifications.]
I)
In addition, there are conditions, requirements, and restrictions which apply only to specific sources of
federal funding. These should be included in your grant/contract documents when applicable.
100
ATTACHMENT H-1
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1)
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2)
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to
Report Lobbying, in accordance with its instructions.
(3)
The undersigned shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Award No.
Organizational Entry
Name and Title of Official Signing for Organizational Entry
Telephone No. Of Signing Official
Signature of Above Official
Date Signed
101
ATTACHMENT H-2
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
Type of Federal Action:
2.
Status of Federal Action:
3.
Report Type:
a.
Contract
a.
Bid/offer/application
a.
Initial filing
b.
Grant
b.
Initial award
b.
Material change
c.
Cooperative
c.
Post-award
For Material Change Only:
Agreement
Year ________ quarter _________
d.
Loan
Date of last report _____________
e.
Loan guarantee
f.
Loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter
Name and Address of Prime:
Prime
Subawardee Tier ______, if known:
1.
Congressional District, if known:

6. Federal Department/Agency:
Congressional District, if known:

7. Federal Program Name/Description:
8. Federal Action Number, if known:
CFDA Number, if applicable: _____________

9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant

(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if

different from No. 10a) (last name, first name, MI):
11. Amount of Payment (check all that apply)
13. Type of Payment (check all that apply)
$____________
actual
planned
12. Form of Payment (check all that apply)
a. cash
b. in-kind; specify:
nature ____________
value ____________
a. retainer
b. one-time
c. commission
d. contingent fee
e. deferred
f. other; specify:
_____________________________
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s),
employee(s), or Member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) SF-LLLA, if necessary)
15. Continuation Sheet(s) SF-LLLA attached:

16. Information requested through this form is authorized by title 31
U.S.C. Section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed by the
tier above when this transaction was made or entered into. This
disclosure is required pursuant to 31 U.S.C. 1352. This information
will be available for public inspection. Any person who fails to file the
required disclosure shall be subject to a civil penalty of not less
than$10,000 and not more than $100,000 for each such failure.
Yes
No
Signature: ___________________________________
Print Name: __________________________________
Title: ________________________________________
Telephone No.: __________________ Date: __________
Authorized for Local
Reproduction
102
Federal Use Only:
Standard Form LLL (Rev. 7-97)
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a
covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for each
payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action.
Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of
Management and Budget for additional information.
1.
Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered
Federal action.
2.
Identify the status of the covered Federal action.
3.
Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously
reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting
entity for this covered Federal action.
4.
Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate
classification of the reporting entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the tier of the sub-awardee,
e.g., the first sub-awardee of the prime is the 1st tier. Sub-awards include but are not limited to subcontracts, sub-grants and contract awards
under grants.
5.
If the organization filing the report in item 4 checks "Sub-awardee," then enter the full name, address, city, State and zip code of the prime
Federal recipient. Include Congressional District, if known.
6.
Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if
known. For example, Department of Transportation, United States Coast Guard.
7.
Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic
Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8.
Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP)
number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal
control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9.
For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the
award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the
reporting entity identified in item 4 to influence the covered Federal action.
10. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name,
and Middle Initial (MI).
11. The certifying official shall sign and date the form and print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid
OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
103
ATTACHMENT H-3
CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE

Public Law 103-227, also known as the Pro Children Act of 1994, Part C Environmental Tobacco Smoke,
requires that smoking not be permitted in any portion of any indoor facility owned, or leased or contracted
for by an entity and used routinely or regularly for provision of health, day care, early childhood
development services, education or library services to children under the age of 18, if the services are
funded by Federal programs either directly or through State or local governments, by Federal grant,
contract, loan, or loan guarantee. The law also applies to childrens services that are provided in indoor
facilities that are constructed, operated or maintained with such Federal funds. The law does not apply to
childrens services provided in private residences, portions of facilities used for inpatient drug or alcohol
treatment, service providers whose sole sources of applicable Federal funds is Medicare or Medicaid, or
facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in
the imposition of a civil monetary penalty of up to $1000 for each violation and/or the imposition of an
administrative compliance order on the responsible entity.
By signing this certification, the offeror/contractor (for acquisitions) or applicant/grantee (for grants)
certifies that the submitting organization will comply with the requirements of the Act and will not allow
smoking within any portion of any indoor facility used for the provision of services for children as defined
by the Act.
The submitting organization further agrees that it will require the language of this certification be included
in any sub-awards which contain provisions for childrens services and that all sub-recipients shall certify
accordingly.
_________________________________________________
Signature of Authorized Certifying Individual
104
ATTACHMENT I CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

(If this solicitation does not require a Conflict of Interest Affidavit and Disclosure (see Section 1.36), enter only the
following sentence for this Attachment and delete the rest:)
This solicitation does not require a Conflict of Interest Affidavit and Disclosure.
(If this solicitation does require a Conflict of Interest Affidavit and Disclosure (see Section 1.36), enter the following
language for this Attachment:)
Reference COMAR 21.05.08.08
A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable
or potentially unable to render impartial assistance or advice to the State, or the persons objectivity in performing the
contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.
B. "Person" has the meaning stated in COMAR 21.01.02.01B(64) and includes a Bidder/Offeror, Contractor,
consultant, or subcontractor or sub-consultant at any tier, and also includes an employee or agent of any of them if the
employee or agent has or will have the authority to control or supervise all or a portion of the work for which a
Bid/Proposal is made.
C. The Bidder/Offeror warrants that, except as disclosed in D, below, there are no relevant facts or circumstances
now giving rise or which could, in the future, give rise to a conflict of interest.
D. The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explain in
detailattach additional sheets if necessary):
E. The Bidder/Offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the
Bidder/Offeror shall immediately make a full disclosure in writing to the procurement officer of all relevant facts and
circumstances. This disclosure shall include a description of actions which the Bidder/Offeror has taken and proposes
to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and
performance of the contract has begun, the Contractor shall continue performance until notified by the procurement
officer of any contrary action to be taken.
AND BELIEF.
Date:____________________ By:______________________________________
(Authorized Representative and Affiant)
105
ATTACHMENT J NON-DISCLOSURE AGREEMENT

(If this solicitation does not require a Non-Disclosure Agreement (see Section 1.37), enter only the following sentence
for this Attachment and delete the rest:)
This solicitation does not require a Non-Disclosure Agreement.
(If this solicitation does require a Non-Disclosure Agreement (see Section 1.37), enter the following language for this
Attachment:)
THIS NON-DISCLOSURE AGREEMENT (Agreement) is made by and between the State of Maryland
(the State), acting by and through (Department) (the Department), and
_____________________________________________ ( the Contractor).
RECITALS
WHEREAS, the Contractor has been awarded a contract (the Contract) following the solicitation for
(solicitation title) Solicitation # (solicitation number); and
WHEREAS, in order for the Contractor to perform the work required under the Contract, it will be necessary
for the State at times to provide the Contractor and the Contractors employees, agents, and subcontractors
(collectively the Contractors Personnel) with access to certain information the State deems confidential information
(the Confidential Information).
NOW, THEREFORE, in consideration of being given access to the Confidential Information in connection
with the solicitation and the Contract, and for other good and valuable consideration, the receipt and sufficiency of
which the parties acknowledge, the parties do hereby agree as follows:
1. Confidential Information means any and all information provided by or made available by the State to the
Contractor in connection with the Contract, regardless of the form, format, or media on or in which the
Confidential Information is provided and regardless of whether any such Confidential Information is marked as
such. Confidential Information includes, by way of example only, information that the Contractor views, takes
notes from, copies (if the State agrees in writing to permit copying), possesses or is otherwise provided access to
and use of by the State in relation to the Contract.
2. Contractor shall not, without the States prior written consent, copy, disclose, publish, release, transfer,
disseminate, use, or allow access for any purpose or in any form, any Confidential Information provided by the
State except for the sole and exclusive purpose of performing under the Contract. Contractor shall limit access to
the Confidential Information to the Contractors Personnel who have a demonstrable need to know such
Confidential Information in order to perform under the Contract and who have agreed in writing to be bound by
the disclosure and use limitations pertaining to the Confidential Information. The names of the Contractors
Personnel are attached hereto and made a part hereof as ATTACHMENT J-1. Contractor shall update
ATTACHMENT J-1 by adding additional names (whether Contractors personnel or a subcontractors personnel)
as needed, from time to time.
3. If the Contractor intends to disseminate any portion of the Confidential Information to non-employee agents who
are assisting in the Contractors performance of the Contract or who will otherwise have a role in performing any
aspect of the Contract, the Contractor shall first obtain the written consent of the State to any such dissemination.
The State may grant, deny, or condition any such consent, as it may deem appropriate in its sole and absolute
subjective discretion.
106
4. Contractor hereby agrees to hold the Confidential Information in trust and in strictest confidence, to adopt or
establish operating procedures and physical security measures, and to take all other measures necessary to protect
the Confidential Information from inadvertent release or disclosure to unauthorized third parties and to prevent all
or any portion of the Confidential Information from falling into the public domain or into the possession of
persons not bound to maintain the confidentiality of the Confidential Information.
5. Contractor shall promptly advise the State in writing if it learns of any unauthorized use, misappropriation, or
disclosure of the Confidential Information by any of the Contractors Personnel or the Contractors former
Personnel. Contractor shall, at its own expense, cooperate with the State in seeking injunctive or other equitable
relief against any such person(s).
6. Contractor shall, at its own expense, return to the Department all copies of the Confidential Information in its
care, custody, control or possession upon request of the Department or on termination of the Contract.
7. A breach of this Agreement by the Contractor or by the Contractors Personnel shall constitute a breach of the
Contract between the Contractor and the State.
8. Contractor acknowledges that any failure by the Contractor or the Contractors Personnel to abide by the terms
and conditions of use of the Confidential Information may cause irreparable harm to the State and that monetary
damages may be inadequate to compensate the State for such breach. Accordingly, the Contractor agrees that the
State may obtain an injunction to prevent the disclosure, copying or improper use of the Confidential Information.
The Contractor consents to personal jurisdiction in the Maryland State Courts. The States rights and remedies
hereunder are cumulative and the State expressly reserves any and all rights, remedies, claims and actions that it
may have now or in the future to protect the Confidential Information and to seek damages from the Contractor
and the Contractors Personnel for a failure to comply with the requirements of this Agreement. In the event the
State suffers any losses, damages, liabilities, expenses, or costs (including, by way of example only, attorneys
fees and disbursements) that are attributable, in whole or in part to any failure by the Contractor or any of the
Contractors Personnel to comply with the requirements of this Agreement, the Contractor shall hold harmless and
indemnify the State from and against any such losses, damages, liabilities, expenses, and costs.
9. Contractor and each of the Contractors Personnel who receive or have access to any Confidential Information
shall execute a copy of an agreement substantially similar to this Agreement, in no event less restrictive than as
set forth in this Agreement, and the Contractor shall provide originals of such executed Agreements to the State.
10. The parties further agree that:
a.
This Agreement shall be governed by the laws of the State of Maryland;
b.
The rights and obligations of the Contractor under this Agreement may not be assigned or delegated, by
operation of law or otherwise, without the prior written consent of the State;
c.
The State makes no representations or warranties as to the accuracy or completeness of any
Confidential Information;
d.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement;
e.
Signatures exchanged by facsimile are effective for all purposes hereunder to the same extent as
original signatures;
f.
The Recitals are not merely prefatory but are an integral part hereof; and
g.
The effective date of this Agreement shall be the same as the effective date of the Contract entered into
by the parties.
IN WITNESS WHEREOF, the parties have, by their duly authorized representatives, executed this Agreement as of the
day and year first above written.
Contractor:_____________________________
(Department)
107
By: ____________________________(SEAL)
By: __________________________________
Printed Name: _________________________
Printed Name: _________________________
Title: _________________________________
Title: _________________________________
Date: _________________________________
Date: _________________________________
108
NON-DISCLOSURE AGREEMENT - ATTACHMENT J-1

LIST OF CONTRACTORS EMPLOYEES AND AGENTS WHO WILL BE GIVEN ACCESS TO
THE CONFIDENTIAL INFORMATION
Printed Name and
Address of Individual/Agent
Employee (E)
or Agent (A)
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
________
________
________
________
________
________
________
________
________
________
________
________
Signature
Date
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
____________________________
109
_______________
_______________
_______________
_______________
_______________
_______________
_______________
_______________
_______________
_______________
_______________
_______________
NON-DISCLOSURE AGREEMENT ATTACHMENT J-2

CERTIFICATION TO ACCOMPANY RETURN OF CONFIDENTIAL INFORMATION
I AFFIRM THAT:
To the best of my knowledge, information, and belief, and upon due inquiry, I hereby certify that: (i) all
Confidential Information which is the subject matter of that certain Non-Disclosure Agreement by and
between the State of Maryland and
____________________________________________________________ (Contractor) dated
__________________, 20_____ (Agreement) is attached hereto and is hereby returned to the State in
accordance with the terms and conditions of the Agreement; and (ii) I am legally authorized to bind the
Contractor to this affirmation.
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, HAVING MADE DUE INQUIRY.
DATE:______________________________
NAME OF CONTRACTOR: _____________________________________________
BY:_____________________________________________________________
(Signature)
TITLE: __________________________________________________________
(Authorized Representative and Affiant)
110
ATTACHMENT K HIPAA BUSINESS ASSOCIATE AGREEMENT

(If this solicitation does not require a HIPAA Business Associate Agreement (see Section 1.38), enter only the
following sentence for this Attachment and delete the rest:)
This solicitation does not require a HIPAA Business Associate Agreement.
(If this solicitation does require a HIPAA Business Associate Agreement (see Section 1.38), enter the following
language for this Attachment:)
BUSINESS ASSOCIATE AGREEMENT

This Business Associate Agreement (the Agreement) is made by and between the
__________________________ (Department) and ___________________________________________
(Insert Name of Contractor) (hereinafter known as Business Associate). Covered Entity and Business
Associate shall collectively be known herein as the Parties.
WHEREAS, Covered Entity has a business relationship with Business Associate that is
memorialized in a separate agreement (the Underlying Agreement) pursuant to which Business Associate
may be considered a business associate of Covered Entity as defined in the Health Insurance Portability
and Accountability Act of 1996 including all pertinent privacy regulations (45 C.F.R. Parts 160 and 164) and
security regulations (45 C.F.R. Parts 160, 162, and 164), as amended from time to time, issued by the U.S.
Department of Health and Human Services as either have been amended by Subtitle D of the Health
Information Technology for Economic and Clinical Health Act (the HITECH Act), as Title XIII of
Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (Pub. L.
1115) (collectively, HIPAA); and
WHEREAS, the nature of the contractual relationship between Covered Entity and Business
Associate may involve the exchange of Protected Health Information (PHI) as that term is defined under
HIPAA; and
WHEREAS, for good and lawful consideration as set forth in the Underlying Agreement, Covered
Entity and Business Associate enter into this Agreement for the purpose of ensuring compliance with the
requirements of HIPAA and the Maryland Confidentiality of Medical Records Act (Md. Ann. Code, HealthGeneral 4-301 et seq.) (MCMRA); and
WHEREAS, this Agreement supersedes and replaces any and all Business Associate Agreements the
Covered Entity and Business Associate may have entered into prior to the date hereof;
NOW THEREFORE, the premises having been considered and with acknowledgment of the mutual
promises and of other good and valuable consideration herein contained, the Parties, intending to be legally
bound, hereby agree as follows:
DEFINITIONS.
A.
Catch-all definition. The following terms used in this Agreement, whether capitalized or not,
shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation,
Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum
111
Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law,

Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and
Use.
B.
Specific definitions:
1.
Business Associate. Business Associate shall generally have the same meaning as
the term business associate at 45 C.F.R. 160.103, and in reference to the party to
this agreement, shall mean (Insert Name of Contractor).
2.
Covered Entity. Covered Entity shall generally have the same meaning as the term
covered entity at 45 C.F.R. 160.103, and in reference to the party to this
agreement, shall mean (Department).
3.
HIPAA Rules. HIPAA Rules shall mean the Privacy, Security, Breach Notification,
and Enforcement Rules at 45 C.F.R. Parts 160 and Part 164.
4.
Protected Health Information (PHI). Protected Health Information or PHI shall

generally have the same meaning as the term protected health information at 45
C.F.R. 160.103.
PERMITTED USES AND DISCLOSURES OF PHI BY BUSINESS ASSOCIATE.

A. Business Associate may only use or disclose PHI as necessary to perform the services set forth in
the Underlying Agreement or as required by law.
B. Business Associate agrees to make uses and disclosures and requests for PHI consistent with
Covered Entitys policies and procedures regarding minimum necessary use of PHI.
C. Business Associate may not use or disclose PHI in a manner that would violate Subpart E of 45
C.F.R. Part 164 if done by Covered Entity.
D. Business Associate may, if directed to do so in writing by Covered Entity, create a limited data
set, as defined at 45 CFR 164.514(e)(2) , for use in public health, research, or health care
operations. Any such limited data sets shall omit any of the identifying information listed in 45
CFR 164.514(e)(2). Business Associate will enter into a valid, HIPAA-compliant Data Use
Agreement, as described in 45 CFR 164.514(e)(4), with the limited data set recipient. Business
Associate will report any material breach or violation of the data use agreement to Covered
Entity immediately after it becomes aware of any such material breach or violation.
E. Except as otherwise limited in this Agreement, Business Associate may disclose PHI for the
proper management and administration, or legal responsibilities of the Business Associate,
provided that disclosures are Required By Law, or Business Associate obtains reasonable
assurances from the person to whom the information is disclosed that it will remain confidential
and used or further disclosed only as Required By Law or for the purpose for which it was
disclosed to the person, and the person notifies the Business Associate of any instances of which
it is aware in which the confidentiality of the information has been breached.
112
F. The Business Associate shall not directly or indirectly receive remuneration in exchange for any
PHI of an Individual pursuant to 13405(d)(1) and (2) of the HITECH Act. This prohibition
does not apply to the States payment of Business Associate for its performance pursuant to the
Underlying Agreement.
G. The Business Associate shall comply with the limitations on marketing and fundraising
communications provided in 13406 of the HITECH Act in connection with any PHI of
Individuals.
DUTIES OF BUSINESS ASSOCIATE RELATIVE TO PHI.
A.
Business Associate agrees that it will not use or disclose PHI other than as permitted or
required by the Agreement or as Required by Law;
B.
Business Associate agrees to use appropriate administrative, technical and physical

safeguards to protect the privacy of PHI.
C.
Business Associate agrees to use appropriate safeguards, and comply with Subpart C of 45
C.F.R. Part 164 with respect to electronic PHI, to prevent use or disclosure of PHI other than
as provided for by the Agreement;
D.
1.
Business Associate agrees to Report to Covered Entity any use or disclosure of PHI
not provided for by the Agreement of which it becomes aware, including breaches of
unsecured PHI as required by 45 C.F.R. 164.410, and any Security Incident of which it
becomes aware without reasonable delay, and in no case later than fifteen calendar days after
the use or disclosure;
2.
If the use or disclosure amounts to a breach of unsecured PHI, the Business Associate
shall ensure its report:
A.
Is made to Covered Entity without unreasonable delay and in no case later

than fifteen (15) calendar days after the incident constituting the Breach is
first known, except where a law enforcement official determines that a
notification would impede a criminal investigation or cause damage to
national security. For purposes of clarity for this Section III.D.1, Business
Associate must notify Covered Entity of an incident involving the acquisition,
access, use or disclosure of PHI in a manner not permitted under 45 C.F.R.
Part E within fifteen (15) calendar days after an incident even if Business
Associate has not conclusively determined within that time that the incident
constitutes a Breach as defined by HIPAA;
B.
Includes the names of the Individuals whose Unsecured PHI has been, or is
reasonably believed to have been, the subject of a Breach;
C.
Is in substantially the same form as ATTACHMENT K-1 attached hereto;

and
113
D.
Includes a draft letter for the Covered Entity to utilize to notify the affected
Individuals that their Unsecured PHI has been, or is reasonably believed to
have been, the subject of a Breach that includes, to the extent possible:
i)
A brief description of what happened, including the date of the Breach

and the date of the discovery of the Breach, if known;
ii)
A description of the types of Unsecured PHI that were involved in the

Breach (such as full name, Social Security number, date of birth, home
address, account number, disability code, or other types of information
that were involved);
iii)
Any steps the affected Individuals should take to protect themselves

from potential harm resulting from the Breach;
iv)
A brief description of what the Covered Entity and the Business

Associate are doing to investigate the Breach, to mitigate losses, and to
protect against any further Breaches; and
v)
Contact procedures for the affected Individuals to ask questions or

learn additional information, which shall include a toll-free telephone
number, an e-mail address, website, or postal address.
E.
To the extent permitted by the Underlying Agreement, Business Associate may use agents
and subcontractors. In accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2)
shall ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf
of the Business Associate agree to the same restrictions, conditions, and requirements that
apply to the Business Associate with respect to such information, Business Associate must
enter into Business Associate Agreements with subcontractors as required by HIPAA;
F.
Business Associate agrees it will make available PHI in a designated record set to the
Covered Entity, or, as directed by the Covered Entity, to an individual, as necessary to satisfy
Covered Entitys obligations under 45 C.F.R. 164.524, including, if requested, a copy in
electronic format;
G.
Business Associate agrees it will make any amendment(s) to PHI in a designated record set
as directed or agreed to by the Covered Entity pursuant to 45 C.F.R. 164.526, or take other
measures as necessary to satisfy Covered Entitys obligations under 45 C.F.R. 164.526;
H.
Business Associate agrees to maintain and make available the information required to
provide an accounting of disclosures to the Covered Entity or, as directed by the Covered
Entity, to an individual, as necessary to satisfy Covered Entitys obligations under 45 C.F.R.
164.528;
I.
To the extent the Business Associate is to carry out one or more of Covered Entity's
obligation(s) under Subpart E of 45 C.F.R. Part 164, comply with the requirements of
Subpart E that apply to the Covered Entity in the performance of such obligation(s);
114
IV.
J.
Business Associate agrees to make its internal practices, books, and records, including PHI,
available to the Covered Entity and/or the Secretary for purposes of determining compliance
with the HIPAA Rules.
K.
Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of PHI by Business Associate in violation
of the requirements of this Agreement.
TERM AND TERMINATION

A.
B.
C.
Term. The Term of this Agreement shall be effective as of the effective date of the Contract
entered into following the solicitation for (enter solicitation title), Solicitation # (enter
solicitation number), and shall terminate when all of the PHI provided by Covered Entity to
Business Associate, or the PHI created or received by Business Associate on behalf of
Covered Entity, is destroyed or returned to Covered Entity, in accordance with the
termination provisions in this Section IV, or on the date the Covered Entity terminates for
cause as authorized in paragraph (b) of this Section, whichever is sooner. If it is impossible
to return or destroy all of the PHI provided by Covered Entity to Business Associate, or the
PHI created or received by Business Associate on behalf of Covered Entity, Business
Associates obligations under this contract shall be ongoing with respect to that information,
unless and until a separate written agreement regarding that information is entered into with
Covered Entity.
Termination for Cause. Upon Covered Entity's knowledge of a material breach of this
Agreement by Business Associate, Covered Entity shall:
1.
Provide an opportunity for Business Associate to cure the breach or end the violation and,
if Business Associate does not cure the breach or end the violation within the time
specified by Covered Entity, terminate this Agreement; or
2.
Immediately terminate this Agreement if Business Associate has breached a material term
of this Agreement and Covered entity determines or reasonably believes that cure is not
possible.
Effect of Termination.
1.
Upon termination of this Agreement, for any reason, Business Associate shall return
or, if agreed to by Covered Entity, destroy all PHI received from Covered Entity, or
created, maintained, or received by Business Associate on behalf of Covered Entity,
that the Business Associate still maintains in any form. Business Associate shall
retain no copies of the PHI. This provision shall apply to PHI that is in the possession
of subcontractors or agents of Business Associate.
2.
Should Business Associate make an intentional or grossly negligent Breach of PHI in

violation of this Agreement or HIPAA or an intentional or grossly negligent
disclosure of information protected by the MCMRA, Covered Entity shall have the
right to immediately terminate any contract, other than this Agreement, then in force
between the Parties, including the Underlying Agreement.
115
D.
V.
Survival. The obligations of Business Associate under this Section shall survive the
termination of this agreement.
CONSIDERATION
Business Associate recognizes that the promises it has made in this Agreement shall, henceforth, be
detrimentally relied upon by Covered Entity in choosing to continue or commence a business
relationship with Business Associate.
VI.
REMEDIES IN EVENT OF BREACH

Business Associate hereby recognizes that irreparable harm will result to Covered Entity, and to the
business of Covered Entity, in the event of breach by Business Associate of any of the covenants and
assurances contained in this Agreement. As such, in the event of breach of any of the covenants and
assurances contained in Sections II or III above, Covered Entity shall be entitled to enjoin and
restrain Business Associate from any continued violation of Sections II or III. Furthermore, in the
event of breach of Sections II or III by Business Associate, Covered Entity is entitled to
reimbursement and indemnification from Business Associate for Covered Entitys reasonable
attorneys fees and expenses and costs that were reasonably incurred as a proximate result of
Business Associates breach. The remedies contained in this Section VI shall be in addition to, not in
lieu of, any action for damages and/or any other remedy Covered Entity may have for breach of any
part of this Agreement or the Underlying Agreement or which may be available to Covered Entity at
law or in equity.
VII.
MODIFICATION; AMENDMENT
This Agreement may only be modified or amended through a writing signed by the Parties and, thus,
no oral modification or amendment hereof shall be permitted. The Parties agree to take such action
as is necessary to amend this Agreement from time to time as is necessary for Covered Entity to
comply with the requirements of the HIPAA rules and any other applicable law.
VIII. INTERPRETATION OF THIS AGREEMENT IN RELATION TO OTHER AGREEMENTS

BETWEEN THE PARTIES
Should there be any conflict between the language of this Agreement and any other contract entered
into between the Parties (either previous or subsequent to the date of this Agreement), the language
and provisions of this Agreement shall control and prevail unless the parties specifically refer in a
subsequent written agreement to this Agreement by its title and date and specifically state that the
provisions of the later written agreement shall control over this Agreement.
IX.
COMPLIANCE WITH STATE LAW

The Business Associate acknowledges that by accepting the PHI from Covered Entity, it becomes a
holder of medical information under the MCMRA and is subject to the provisions of that law. If the
HIPAA Privacy or Security Rules and the MCMRA conflict regarding the degree of protection
provided for PHI, Business Associate shall comply with the more restrictive protection requirement.
116
X.
MISCELLANEOUS
A.
Ambiguity. Any ambiguity in this Agreement shall be resolved to permit Covered Entity to
comply with the Privacy and Security Rules.
B.
Regulatory References. A reference in this Agreement to a section in the HIPAA Rules

means the section as in effect or as amended.
C.
Notice to Covered Entity. Any notice required under this Agreement to be given Covered
Entity shall be made in writing to:
(Insert the name and contact information of the HIPAA contact person within the Department
or appropriate covered health care entity)
Name:
________________________________
Address:
________________________________
________________________________
D.
Email:
________________________________
Phone:
________________________________
Notice to Business Associate. Any notice required under this Agreement to be given Business
Associate shall be made in writing to:
Address:
________________________________
________________________________
Attention:
________________________________
Phone:
________________________________
E.
Survival. Any provision of this Agreement which contemplates performance or observance

subsequent to any termination or expiration of this contract shall survive termination or
expiration of this Agreement and continue in full force and effect.
F.
Severability. If any term contained in this Agreement is held or finally determined to be

invalid, illegal, or unenforceable in any respect, in whole or in part, such term shall be
severed from this Agreement, and the remaining terms contained herein shall continue in full
force and effect, and shall in no way be affected, prejudiced, or disturbed thereby.
G.
Terms. All of the terms of this Agreement are contractual and not merely recitals and none
may be amended or modified except by a writing executed by all parties hereto.
H.
Priority. This Agreement supersedes and renders null and void any and all prior written or
oral undertakings or agreements between the parties regarding the subject matter hereof.
117
IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing, the
Parties affix their signatures hereto.
COVERED ENTITY:
BUSINESS ASSOCIATE:
By:
By:
_______________________________
_______________________________
Name: _______________________________
Name: _______________________________
Title: _______________________________
Title: _______________________________
Date:
Date:
_______________________________
118
_______________________________
ATTACHMENT K-1
FORM OF NOTIFICATION TO COVERED ENTITY OF
BREACH OF UNSECURED PHI
This notification is made pursuant to Section III.2.D(3) of the Business Associate Agreement between (Department)
and ____________________________________________________________ (Business Associate).
Business Associate hereby notifies (Department) that there has been a breach of unsecured (unencrypted) protected
health information (PHI) that Business Associate has used or has had access to under the terms of the Business
Associate Agreement.
Description of the breach: _________________________________________________________________________
______________________________________________________________________________________________
Date of the breach: _____________________________ Date of discovery of the breach: _______________________
Does the breach involve 500 or more individuals? Yes/No
If yes, do the people live in multiple states? Yes/No
Number of individuals affected by the breach: _________________________________________________________

Names of individuals affected by the breach: (attach list)
The types of unsecured PHI that were involved in the breach (such as full name, Social Security number, date of birth,
home address, account number, or disability code):
______________________________________________________________________________________________
______________________________________________________________________________________________
Description of what Business Associate is doing to investigate the breach, to mitigate losses, and to protect against
any further breaches:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Contact information to ask questions or learn additional information:
Name:
_________________________________________________________________________________
Title:
_________________________________________________________________________________
Address:
_________________________________________________________________________________
_________________________________________________________________________________
Email Address: _________________________________________________________________________________

Phone Number: _________________________________________________________________________________
119
ATTACHMENT L MERCURY AFFIDAVIT

(If this solicitation does not include the procurement of products known to likely include mercury as a component
(see Section 1.40), enter only the following sentence for this Attachment and delete the rest:)
This solicitation does not include the procurement of products known to likely include mercury as a component.
(If this solicitation does include the procurement of products known to likely include mercury as a component (see
Section 1.40), enter the following language for this Attachment:)
MERCURY AFFIDAVIT
AUTHORIZED REPRESENTATIVE THEREBY AFFIRM THAT:
I, ___________________________________________________ (name of affiant) am the
___________________________________________________ (title) and the duly authorized representative of
__________________________________________________________________ (name of the business). I possess
the legal authority to make this affidavit on behalf of myself and the business for which I am acting.
MERCURY CONTENT INFORMATION:
[ ] The product(s) offered do not contain mercury.
OR
[ ] The product(s) offered do contain mercury.
In an attachment to this Mercury Affidavit:
(1) Describe the product or product component that contains mercury.
(2) Provide the amount of mercury that is contained in the product or product component. Indicate the unit
of measure being used.
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/Proposal shall be construed to supersede, amend, modify, or waive, on behalf of the State of
Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy
conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation
of the obligations, terms and covenants undertaken by the above business with respect to (1) this affidavit, (2) the
contract, and (3) other affidavits comprising part of the contract.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE
CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION, AND BELIEF.
___________________
By: ________________________________________________
Date
Signature
Print Name: _____________________________________
Authorized Representative and Affiant

120
ATTACHMENTS M VETERAN-OWNED SMALL BUSINESS ENTERPRISE

(If this solicitation does not include a VSBE goal (see Section 1.41), enter only the following sentence for this
Attachment and delete the rest of these M Attachments:)
This solicitation does not include a Veteran-Owned Small Business Enterprise goal.
(If this solicitation does include a VSBE goal (see Section 1.41), enter the following language for these Attachments:)
ATTACHMENT M-1
VSBE Utilization Affidavit and Subcontractor Participation Schedule
This document MUST BE included with the Bid/Proposal. If the Bidder/Offeror fails to complete and submit
this form with the Bid/Proposal, the procurement officer may determine that the Bid is non-responsive or that the
Proposal is not reasonably susceptible of being selected for award.
In conjunction with the Bid/Proposal submitted in response to Solicitation No. (solicitation number) ,I affirm the
following:
1.
I acknowledge and intend to meet the overall verified VSBE participation goal of (VSBE goal percentage)%.
Therefore, I will not be seeking a waiver.
OR
. I conclude that I am unable to achieve the VSBE participation goal. I hereby request a waiver, in whole or in
part, of the overall goal. Within 10 business days of receiving notice that our firm is the apparent awardee, I
will submit all required waiver documentation in accordance with COMAR 21.11.13.07. If this request is for
a partial waiver, I have identified the portion of the VSBE goal that I intend to meet.
2.
I understand that if I am notified that I am the apparent awardee, I must submit the following additional
documentation within 10 days of receiving notice of the apparent award or from the date of conditional award
(per COMAR 21.11.13.06), whichever is earlier.
(a)
(b)
Subcontractor Project Participation Statement (Attachment M-2); and

Any other documentation, including waiver documentation, if applicable, required by the
Procurement Officer to ascertain Bidder/Offeror responsibility in connection with the VSBE
participation goal.
I understand that if I fail to return each completed document within the required time, the Procurement
Officer may determine that I am not responsible and therefore not eligible for contract award. If the contract
has already been awarded, the award is voidable.
3.
In the solicitation of subcontract quotations or offers, VSBE subcontractors were provided not less than the
same information and amount of time to respond as were non-VSBE subcontractors.
4.
Set forth below are the (i) verified VSBEs I intend to use and (ii) the percentage of the total contract amount
allocated to each VSBE for this project. I hereby affirm that the VSBE firms are only providing those
products and services for which they are verified.
121
ATTACHMENT M-1
VSBE Subcontractor Participation Schedule
Prime Contractor (Firm Name, Address, Phone):
Project Description:
Project Number: - ______________
List Information For Each Verified VSBE Subcontractor On This Project

Name of Veteran-Owned Firm:
DUNS Number:
Description of work to be performed:
Percentage of Total Contract:

DUNS Number:

DUNS Number:

DUNS Number:

Continue on a separate page, if needed.
SUMMARY
TOTAL VSBE Participation:
__________%
I solemnly affirm under the penalties of perjury that the contents of this Affidavit are true to the best of my
knowledge, information, and belief.
____________________________________
_____________________________________
Bidder/Offeror Name
(PLEASE PRINT OR TYPE)
Signature of Affiant
Name:_____________________________________
Title:______________________________________
Date:______________________________________
122
ATTACHMENT M-2
VSBE Subcontractor Participation Statement
Please complete and submit one form for each verified VSBE listed on Attachment M-1
within 10 Business days of notification of apparent award
____________________________ (prime contractor) has entered into a contract with
____________________________ (subcontractor) to provide services in connection with the Solicitation described
below.
Prime Contractor (Firm Name, Address, Phone):
Project Description:
Project Number: _______________
Total Contract Amount: $
DUNS Number:
Address:
FEIN:
Work to Be Performed:
Total Subcontract Amount: $
The undersigned Prime Contractor and Subcontractor hereby certify and agree that they have fully complied
with the State Veteran-Owned Small Business Enterprise law, State Finance and Procurement Article, Title 14,
Subtitle 6, Annotated Code of Maryland.
PRIME CONTRACTOR SIGNATURE
SUBCONTRACTOR SIGNATURE
By:
_______________________________
Name, Title
By:
Date___________________________
Date_______________________________
123
____________________________
Name, Title
This form is to be completed monthly

by the Prime Contractor.
ATTACHMENT M-3
Veterans Small Business Enterprise (VSBE) Participation
Prime Contractor Paid/Unpaid VSBE Invoice Report
Contract #: __________________________________
Contract Amount: ______________________________
VSBE Subcontract Amt: __________________________
Project End Date: _______________________________
Report #: ________
Report is due to the Contract Monitor by the 10th of the
month following the month the services were provided.
Prime Contractor:
Contact Person:
Address:
City:
State:
Phone:
ZIP:
Fax:
E-mail:
Subcontractor Name:
Contact Person:
Phone:
Fax:

List all payments made to VSBE subcontractor named above
during this reporting period:
Invoice#
Amount
1.
List dates and amounts of any outstanding invoices:

Invoice #
Amount
1.
2.
2.
3.
3.
4.
4.
Total Dollars Paid: $____________________________
Total Dollars Unpaid: $__________________________
**If more than one VSBE subcontractor is used for this contract, you must use separate M-3 forms for each subcontractor.
**Return one copy (hard or electronic) of this form to the following addresses (electronic copy with signature and date is
preferred):
Contract Monitor: ___________________________________________________________________________________
Contracting Unit and Address: _________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Signature:________________________________________________ Date:_____________________
(Required)
124
This form must be completed monthly by

all VSBE subcontractors.
ATTACHMENT M-4
Veterans Small Business Enterprise Participation
Subcontractor Paid/Unpaid VSBE Invoice Report
Contract #
Contracting Unit:
VSBE Subcontract Amount:
Project Begin Date:
Project End Date:
Services Provided:
Report#: ____
Reporting Period (Month/Year): ________________
Report is due by the 10th of the month following the month
the services were performed.
VSBE Subcontractor Name:
Department of Veterans Affairs Certification #:
Contact Person:
E-mail:
Address:
City:
State:
Phone:
ZIP:
Fax:

List all payments received from Prime Contractor during
reporting period indicated above.
Invoice Amt
Date
1.
List dates and amounts of any unpaid invoices over 30

days old.
Invoice Amt
Date
1.
2.
2.
3.
3.
Total Dollars Paid: $_________________________
Total Dollars Unpaid: $_________________________
Prime Contractor:
Contact Person:
**Return one copy of this form to the following address (electronic copy with signature & date is preferred):
Contract Monitor: ___________________________________________________________________________________
Contracting Unit and Address: _________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Signature:________________________________________________ Date:_____________________
(Required)
125
ATTACHMENT N LOCATION OF THE PERFORMANCE OF SERVICES

DISCLOSURE
(If this procurement is not anticipated to have an estimated value of $2,000,000.00 or more (see Section 1.42), enter
only the following sentence for this Attachment and delete the rest:)
This solicitation does not require a Location of the Performance of Services Disclosure.
(If this procurement is anticipated to have an estimated value of $2,000,000.00 or more (see Section 1.42), enter the
following language for this Attachment:)
Pursuant to Md. Ann. Code, State Finance and Procurement Article, 12-111, and in conjunction with the
Bid/Proposal submitted in response to Solicitation No. __________________________________, the following
disclosures are hereby made:
1.
At the time of Bid/Proposal submission, the Bidder/Offeror and/or its proposed subcontractors:
___
have plans
___
have no plans
to perform any services required under the resulting Contract outside of the United States.
2.
If services required under the contract are anticipated to be performed outside the United States by
either the Bidder/Offeror or its proposed subcontractors, the Bidder/Offeror shall answer the following (attach
additional pages if necessary):
a.
Location(s) services will be performed:
______________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________________
b.
Reasons why it is necessary or advantageous to perform services outside the United States:
______________________________________________________________________________________________
______________________________________________________________________________________________
___________________________________________________________________
______________________________________________________________________________________________
____________________________________________________________________________
The undersigned, being an authorized representative of the Bidder/Offeror, hereby affirms that the contents of
this disclosure are true to the best of my knowledge, information, and belief.
Date:
______________________________________
Bidder/Offeror Name:
______________________________________
By:
______________________________________
126
Name:
______________________________________
Title:
______________________________________
Please be advised that the Department may contract for services provided outside of the United States if: the services
are not available in the United States; the price of services in the United States exceeds by an unreasonable amount
the price of services provided outside the United States; or the quality of services in the United States is substantially
less than the quality of comparably priced services provided outside the United States.
127
ATTACHMENT O DHR HIRING AGREEMENT

(If this solicitation does not require a DHR Hiring Agreement (see Section 1.43), enter only the following sentence
for this Attachment and delete the rest:)
This solicitation does not require a DHR Hiring Agreement.
(If this solicitation does require a DHR Hiring Agreement (see Section 1.43), enter the following language for this
Attachment:)
___________
Agency Control Number
MARYLAND DEPARTMENT OF HUMAN RESOURCES
HIRING AGREEMENT
This Hiring Agreement (Agreement) is effective this _______ day of ______________________, _______ and is
entered into by and between the Maryland Department of Human Resources (Department) and
______________________________________________________________________(the Contractor) pursuant to
State Finance Procurement Article, 13-224, Annotated Code of Maryland, arising out of a Contract for services
between Contractor and ______________________________________________________________________
(Entity), contract number ___________________________ (Procurement Contract).
WITNESSETH:
WHEREAS, the Department has identified the Procurement Contract as eligible for execution of this Agreement; and,
WHEREAS, the Contractor and the Entity, have discussed and reviewed an inventory of job openings that exists or
the Contractor is likely to fill during the term of the Procurement Contract in the State of Maryland; and
WHEREAS, the Contractor, Department and the Entity have discussed and reviewed the job descriptions, locations,
and skill requirements for those positions; and
WHEREAS, the Department and the Entity have identified and discussed with the Contractor the workforce related
benefits and support services available to the Contractor as a result of the Agreement including:
Medicaid coverage for the employee and the employees dependents for up to one year after
placement in the job;
Maryland Childrens Health Program (MCHP) medical coverage for the employees dependents
after one year of employment for as long as eligibility is met;
Food Stamps for the employee and the employees dependents for as long as eligibility
requirements are met;
Child Care subsidies for the employees dependents for up to one year after employment as long
as eligibility requirements are met;
128
Transportation subsidies for the employee for a period of time after employment;
Other Retention services including counseling on an as needed basis; and
Assistance with claiming tax credits for hiring Candidates.
WHEREAS, the Contractor and Department agree to work cooperatively to develop responses to the workforce
development requirements faced by the Contractor and to promote the hiring of the Departments current and former
Family Investment Program (FIP) recipients, their children, foster youth, and child support obligors (Candidates)
by the Contractor.
NOW THEREFORE, upon valuable consideration received, the Contractor and the Department specifically agree as
follows:
A. The CONTRACTOR shall:
1.
Notify the Department of all job openings that exist or result from the Procurement Contract.
2.
Declare the Department the first source in identifying and hiring Candidates for those openings.
3.
Work with the Department to develop training programs that will enable Candidates to qualify for and
secure employment with the Contractor.
4.
Give first preference and first consideration, to the extent permitted by law and any existing labor
agreements, to Candidates the Department refers.
5.
Agree to give Candidates referred to the Contractor by the Department priority in the filling of a job
opening so long as the Candidate meets the qualifications of the position and the Department refers
qualified Candidates within three (3) Business Days.
6.
Submit biannual reports (for the duration of the Contract) listing the number of all job openings and
the total number of individuals interviewed and hired under the Procurement Contract. The report
shall also include feedback regarding the disposition of referrals made, to include an explanation of
why any such Candidate was not hired or considered qualified.
7.
Designate this individual to be the specific contact person:
________________________________________________________________
Name
________________________________________________________________
Address
____________________
____________________
____________________
Telephone #
Fax #
e-Mail
who will:
provide additional information regarding first source jobs and clarify their requirements;
receive Department referrals, and
provide feedback to a Department account representative upon request regarding the dispositions of
those referrals as well as the progress/employment status of those Candidates hired by the Contractor.
129
B.
C.
The Department will designate an account representative who will:

1.
Process all the Contractors job notices in accordance with this Agreement.
2.
Refer screened and qualified Candidates to the Contractors designated contact person.
3.
Make referrals in a timely manner, that is, within three (3) Business Days after receiving the
Contractors job opening notices.
4.
Assist in the development of any mutually agreed upon training and/or internship programs that will
better prepare Candidates for employment with the Contractor.
5.
Provide follow-up and post hire transitional/supportive services, (e.g. Medicaid, MCHP, Food
Stamps, child care, transportation, retention counseling, and access to tax credits) as necessary and
appropriate.
6.
Insure that the Contractor is advised of available subsidies and provide any assistance to the
Contractor to obtain those subsidies.
7.
Report the Contractor to the procurement Entity if the Contractor does not fulfill its responsibilities in
accordance with this Agreement.
8.
Review and evaluate the effectiveness of this undertaking with the Contractor and make
modifications as necessary and appropriate.
DISCLAIMERS
Nothing in this Agreement shall cause the Contractor, except as explicitly provided in Section A above, to alter
existing hiring practices or to hire an individual into a position for which he/she is not qualified.
D.
NON-DISCRIMINATION
The Contractor agrees that there shall be no discrimination against any employee or Candidate for employment
because of race, color, sex, religion, national origin, age, sexual preference, disability or any other factor specified in
Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1983 and subsequent amendments
and that they will comply with all other pertinent federal and State laws regarding discrimination.
E.
MARYLAND LAW PREVAILS
The place of performance of this Agreement shall be the State of Maryland. This Agreement shall be construed,
interpreted, and enforced according to the laws and regulations of the State of Maryland, including approval of the
Board of Public Works where appropriate.
F.
EFFECTIVE DATE
This Agreement shall take effect on the date of the aforementioned Procurement Contract, which is for the period
_______________________________ through _______________________________, and it shall remain in effect
for the duration of the Procurement Contract, including any option periods or extensions.
IN WITNESS, WHEREOF, the Contractor and the Department have affixed their signatures below:
130
FOR THE CONTRACTOR:
FOR THE DEPARTMENT
___________________________________
SIGNATURE
__________________________________
SIGNATURE
___________________________________
TITLE
Hiring Agreement Coordinator

TITLE
______________________
DATE
______________________
DATE
131

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Changes from original 03/25/2013 version:

IFB Template Version: 09/17/2014

Minority Business Enterprises Are Encouraged to Respond to this Solicitation

IFB Template Version: 09/17/2014

Title: (SOLICITATION TITLE)

Other commitments preclude our participation at this time.

Phone (____) _____ - _________________

IFB Template Version: 09/17/2014

IFB Issue Date:

IFB Issuing Office:

(name of Procurement Officer)

(name of Contract Monitor)

Bids are to be sent to:

(date and time of Conference) Local Time

Closing Date and Time:

(Bid due date and time) Local Time

Public Bid Opening:

(date, time, and location of Bid opening)

MBE Subcontracting Goal:

(MBE goal percentage) %

VSBE Subcontracting Goal:

(VSBE goal percentage) %

IFB Template Version: 09/17/2014

IFB Template Version: 09/17/2014

Small Business Reserve (SBR) Procurement.................................................................28

SECTION 2 MINIMUM QUALIFICATIONS......................................................................30

Bidder Minimum Qualifications.....................................................................................30

SECTION 3 SCOPE OF WORK.............................................................................................31

Background and Purpose................................................................................................31

SECTION 4 BID FORMAT.....................................................................................................38

One Part Submission......................................................................................................38

IFB Template Version: 09/17/2014

SECTION 1 - GENERAL INFORMATION

Abbreviations and Definitions

IFB Template Version: 09/17/2014

a. Bid A statement of price offered by a Bidder in response to an IFB.

Department or (Department acronym) (Department).

eMM eMaryland Marketplace (see IFB Section 1.8).

IFB Template Version: 09/17/2014

State The State of Maryland.

IFB Template Version: 09/17/2014

The Contract Monitor is:

IFB Template Version: 09/17/2014

1.10 Procurement Method

1.11 Bids Due (Closing) Date and Time

IFB Template Version: 09/17/2014

1.12 Multiple or Alternate Bids

1.13 Receipt, Opening and Recording of Bids

1.14 Confidentiality of Bids

1.15 Award Basis

1.16 Tie Bids

IFB Template Version: 09/17/2014

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

1.17 Duration of Bid

Revisions to the IFB

1.20 Incurred Expenses

1.22 Bidder Responsibilities

IFB Template Version: 09/17/2014

1.23 Substitution of Personnel

Phone (__) _ - _______________