Cable & Wiring (C&W) Materials & Services

Task Order Request for Proposals (TORFP)

<<solicitationNumber>>

<<solicitationTitle>>

<<issuingAgencyName>> (<<ISSUINGAGENCYACRONYM>>)

Issue Date: <<issueDate>>

KEY INFORMATION SUMMARY SHEET

This Cable and Wiring (C&W) Materials & Services Task Order Request for Proposals (TORFP) is issued to obtain the services necessary to satisfy the requirements defined in Section 2 - Scope of Work. All C&W Materials & Services Master Contractors approved to perform work in the functional area under which this TORFP is released are invited to submit a Task Order (TO) Proposal to this TORFP. Master Contractors choosing not to submit a proposal must submit a Master Contractor Feedback form. The form is accessible via your C&W Materials & Services Master Contractor login screen and clicking on TORFP Feedback Response Form from the menu. In addition to the requirements of this TORFP, the Master Contractors are subject to all terms and conditions contained in the C&W Materials & Services RFP issued by the Maryland Department of Information Technology, including any amendments, and subsequent Master Contract Project Number 060B6400046.

TORFP Title:	<<solicitationTitle>>
TO Project Number:	<<solicitationNumber>>
Functional Area:	Functional Area <<CWfunctionalAreaNumber>>
TORFP Issue Date:	<<issueDate>>
Closing Date and Time:	<<responseDueDateAndTime>> Local Time
Questions Due:	<<responseDueDateAndTime>> Local Time
TORFP Issuing Office:	<<issuingAgencyName>> (<<ISSUINGAGENCYACRONYM>> or the “TO Requesting Agency”)
Send Proposals / Questions to:	<<procurementOfficerName>> <<procurementOfficerPhoneNumber>>
TO Procurement Officer:	<<procurementOfficerName>> <<procurementOfficerPhoneNumber>>
TO Manager:	<<contractManagerName>> <<contractManagerPhoneNumber>>
TO Type:	<<contractType>> [[ e.g., fixed price, time & materials]]
Period of Performance:	The estimated period of performance for this effort, barring excusable delays as set forth in COMAR 21.07.01.13 is <<Thirty Eight (38) working days>>, commencing on the date of Notice to Proceed.
MBE Goal:	25 percent
Small Business Reserve (SBR):	No
Primary Place of Performance:	<<primary place of performance>>
State Furnished Work Site and/or Access to Equipment, Facilities or Personnel:	None
TO Pre-Proposal Conference and Site Walk-Though:	<<preProposalDateAndTime>> Local Time <<preProposalLocation>> [[Or <<There will be no Pre-Proposal Conference for this TORFP>>

Table of Contents

KEY INFORMATION SUMMARY SHEET	2

Section 1 – Administrative Information	3

1.1	RESPONSIBILITY FOR TORFP AND TO AGREEMENT	Error! Bookmark not defined.

1.2	TO AGREEMENT	3

1.3	TO PROPOSAL SUBMISSIONS	3

1.4	ORAL PRESENTATIONS/WALK-THROUGH	3

1.5	CONFLICT OF INTEREST	3

1.6	NON-DISCLOSURE AGREEMENT	3

1.7	LIMITATION OF LIABILITY CEILING	3

1.8	PRE-PROPOSAL CONFERENCE	3

1.9	MINORITY BUSINESS ENTERPRISE (MBE)	3

1.10	RESERVED	3

1.11	PROPOSAL BOND	3

1.12	PERFORMANCE BOND	3

1.13	PAYMENT BOND	3

1.14	SURETY BOND ASSISTANCE PROGRAM	3

1.15	QUESTIONS	3

Section 2 -Scope of Work	3

2.1	Purpose	3

2.2	Issuing Agency Background	3

2.3	Project Background	3

2.4	ROLES AND RESPONSIBILITIES	3

2.5	Requirements	3

2.6	Deliverables	3

2.7	Progress Reporting	3

2.8	Security Requirements	3

2.9	REQUIRED PROJECT POLICIES, GUIDELINES AND METHODOLOGIES	3

2.10	CONTRACTOR PERSONNEL EXPERTISE REQUIRED	3

2.11	CONTRACTOR MINIMUM QUALIFICATIONS	3

2.12	Substitution of Personnel	3

2.13	Invoicing	3

2.14	CHANGE ORDERS	3

2.15 MBE PARTICIPATION REPORTS	3

SECTION 3 - PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS	3

3.1	REQUIRED RESPONSE	3

3.2	FORMAT	3

SECTION 4 - TASK ORDER AWARD PROCESS	3

4.1	OVERVIEW	3

4.2	TECHNICAL PROPOSAL EVALUATION CRITERIA	3

4.3	SELECTION PROCEDURES	3

4.4	COMMENCEMENT OF WORK UNDER A TO AGREEMENT	3

Section 5 - Instructions to Offerors	3

5.1	Economy of Preparation	3

5.2	Confidentiality	3

Attachment A- Price SHEET Form	3

ATTACHMENT B- Task Order Agreement	3

ATTACHMENT C- Conflict Of Interest And Disclosure Affidavit	3

ATTACHMENT D- MINORITY BUSINESS ENTERPRISE PARTICIPATION	3

2	Project/Contract Number	Error! Bookmark not defined.

5.1	MDOT Certification # Telephone #	Error! Bookmark not defined.

3	Solicitation Number	Error! Bookmark not defined.

4	Solicitation Number	Error! Bookmark not defined.

5	Solicitation Number	Error! Bookmark not defined.

6	Solicitation Number	Error! Bookmark not defined.

ATTACHMENT E- Labor Classification Personnel Resume Summary	3

ATTACHMENT F- NON-DISCLOSURE AGREEMENT (Offeror)	3

ATTACHMENT G- NON-DISCLOSURE AGREEMENT (TO CONTRACTOR)	3

ATTACHMENT H- AGENCY RECEIPT OF DELIVERABLE FORM	3

ATTACHMENT I- AGENCY ACCEPTANCE OF DELIVERABLE FORM	3

ATTACHMENT J- NOTICE TO PROCEED	3

ATTACHMENT K- DIRECTIONS	3

ATTACHMENT L- RESERVED	3

ATTACHMENT M - PROPOSAL BOND	3

ATTACHMENT N - PERFORMANCE BOND	3

ATTACHMENT O - PAYMENT BOND	3

ATTACHMENT P – CONSTRUCTION MATERIAL SPECIFICATIONS	3

ATTACHMENT Q - DRAWINGS & ADDITIONAL INSTRUCTIONS	3

ATTACHMENT R- MILESTONE ACCEPTANCE FORM	3

Section 1 – Administrative Information

TO AGREEMENT

Based upon an evaluation of TO Proposal responses, a Master Contractor will be selected to conduct the work defined in Section 2 - Scope of Work. A specific TO Agreement, Attachment B, will then be entered into between the State and the selected Master Contractor, which will bind the selected Master Contractor (TO Contractor) to the contents of its TO Proposal, including the financial proposal.

TO PROPOSAL SUBMISSIONS

The TO Procurement Officer will not accept submissions after the date and exact time stated in the Key Information Summary Sheet above. The date and time of submission is determined by the date and time of arrival in the TO Procurement Officer’s e-mail box. Time stamps on outgoing email from Master Contractors shall not be accepted.

DoIT has established the following procedure to restrict access to TO Proposals received electronically. All TO Technical and TO Financial Proposals must be password protected, and the password for the TO Technical Proposal must be different from the password for the TO Financial Proposal. Offerors will provide these two passwords to DoIT upon request or their TO Proposal will be deemed not susceptible for award. Subsequent submissions of TO Proposal content will not be allowed.

TO Proposals submitted via e-mail must not exceed <<25>> MB. The “subject” line in the e-mail submission shall state the TORFP <<solicitationNumber>>. TO Technical and TO Financial Proposals must be submitted via separate emails.

The TO Procurement Officer will only contact those Offerors with TO Proposals that are timely submitted and correctly formatted to obtain TO Proposal passwords.

The e-mail containing the TO Proposal technical response must be titled “CW Materials & Services TORFP <<solicitationNumber>> Technical”. All files in this email shall have password protection.

The following proposal documents must be submitted as PDF files with signatures clearly visible with the TO Technical Proposal:

Attachment C – Conflict of Interest Affidavit and Disclosure Affidavit;

Attachments D-1A – MBE Utilization and Fair Solicitation Affidavit & MBE Participation Schedule;

Attachment E – Labor Classification Personnel Resume Summary;

Attachment M - Proposal Bond;

Attachment S – Certification Regarding Discriminatory Boycotts of Israel; and

The Technical Response shall not contain any reference to price.

The e-mail containing the TO Financial Proposal shall be titled, “CW Materials & Services TORFP <<solicitationNumber>>Financial” and must contain the Attachment A- Price Sheet Form, submitted as a .PDF file with password protection and signatures clearly visible:

The Technical and Financial Proposals shall be prepared to print on standard 8 1/2 x 11 inch pages using an Adobe Acrobat Viewer. Text must be single spaced and the print must be spaced not more than six (6) lines per inch.

ORAL PRESENTATIONS/WALK-THROUGH

All Master Contractors will be required to attend a walk-through of the work site as directed by the TO Procurement Officer. Significant representations made by a Master Contractor during the walk-through or scheduled oral presentation shall be documented and submitted in writing. All such representations will become part of the Master Contractor’s proposal and are binding if the Task Order is awarded. The Procurement Officer will notify the Master Contractor of the time and place of oral presentations/walk-through.

[[OR]]

<< No oral presentations or walk-throughs will be conducted for this TORFP solicitation. Master Contractors are encouraged to review the route in this proposal independently in person..>>

CONFLICT OF INTEREST

The TO Contractor awarded the TO Agreement shall provide cable and wiring materials and services for State agencies or component programs with those agencies, and must do so impartially and without any conflicts of interest. Master Contractors who receive this TORFP, and have an existing or potential conflict of interest if awarded the Task Order, shall notify the TO Procurement Officer with a written description of the conflict.

Each Master Contractor shall complete and include a Conflict of Interest Affidavit in the form included as Attachment C of this TORFP with its TO Proposal. If the TO Procurement Officer makes a determination that facts or circumstances exist that give rise to or could in the future give rise to a conflict of interest within the meaning of COMAR 21.05.08.08A, the TO Procurement Officer may reject a Master Contractor’s TO Proposal under COMAR 21.06.02.03B.

Master Contractors should be aware that the State Ethics Law, General Provisions Article, Title 5, might limit the selected Master Contractor's ability to participate in future related procurements, depending upon specific circumstances.

By submitting a Conflict of Interest Affidavit and Disclosure, the Offeror shall be construed as certifying all personnel and subcontractors are also without a conflict of interest as defined in COMAR 21.05.08.08A

NON-DISCLOSURE AGREEMENT

[[Most C&W TORFPs do not require Non Disclosure Agreements, but if one is needed tailor the following language as appropriate for pre-proposal submission and for Task order performance. If not needed, use the language “A non-disclosure agreement is not required for this TORFP” ]]

Certain system documentation may be available for potential Offerors to review at a reading room at <<TO Requesting Agency’s address>>. Offerors who review such documentation will be required to sign a Non-Disclosure Agreement (Offeror) in the form of Attachment F. Please contact the TO Procurement Officer of this TORFP to schedule an appointment.

In addition, certain documentation may be required by the TO Contractor awarded the TO Agreement in order to fulfill the requirements of the TO Agreement. The TO Contractor, employees and agents who review such documents will be required to sign, including but not limited to, a Non-Disclosure Agreement (TO Contractor) in the form of Attachment G.

LIMITATION OF LIABILITY CEILING

Pursuant to Section 7.1.3 of the C&W Materials & Services Master Contract, the liability per claim under this TORFP shall not exceed the total TO Agreement amount.

PRE-PROPOSAL CONFERENCE

[[DoIT recommends holding a pre-proposal conference. If not, substitute the language below with: “A Pre-Proposal Conference will not be held for this TORFP.”]]

A Pre-Proposal Conference (Conference) will be held on <<DATE>>, beginning at <<TIME>> (Eastern Time) at <<Insert Address>>. Attendance at the Conference is not mandatory, but all interested Master Contractors are encouraged to attend in order to facilitate better preparation of their responses.

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, free of charge, to all Master Contractors along with a listing of all Conference attendees.

MINORITY BUSINESS ENTERPRISE (MBE)

A Master Contractor that responds to this TORFP shall complete, sign, and submit all required MBE documentation (Attachment D) at the time it submits its TO Proposal. Failure of the Master Contractor to complete, sign, and submit all required MBE documentation at the time it submits the TO Proposal will result in the State’s rejection of the Master Contractor’s TO Proposal.

As set forth in COMAR 21.11.03.12-1(D), when a certified MBE firm participates as a prime contractor on a contract, an agency may count the distinct, clearly defined portion of the work of the contract that the certified MBE firm performs with its own forces toward 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 subgoals, if any, established for the contract. Please see the attached MBE forms and instructions.

RESERVED

PROPOSAL BOND

Each Master Contractor must submit with its TO Proposal a Proposal Bond in the amount of five (5) percent of the total price proposed to guarantee for 180 days after the due date for receipt of the TO Proposals the availability of the equipment and services at the offered price. The bond shall be in the form provided in Attachment M and underwritten by a surety company authorized to do business in the State and subject to approval by <<ISSUINGAGENCYACRONYM>>, or other acceptable security for bond as described in COMAR 21.06.07. A certified check or cashier’s check payable to <<ISSUINGAGENCYACRONYM>> may also serve as a Proposal Bond.

Master Contractors may request a release of the bond after the date of the award in return for a release signed by the Master Contractor and accepted by <<ISSUINGAGENCYACRONYM>>.

[[OR]]

<<THIS SECTION DOES NOT APPLY TO THIS TORFP.>>

PERFORMANCE BOND

The successful Master Contractor must submit a Performance Bond, in the form of Attachment N, or other suitable security as identified within COMAR 21.06.07, in the amount of the value of the TO Agreement. The cost of this bond, or other suitable security, is to be included in the total price proposed and is not to be proposed and will not be recoverable as a separate cost item. The Performance Bond or other suitable security shall be delivered to the State by the Master Contractor within five (5) business days of notice of recommendation for award.

The Performance Bond shall be maintained throughout the term of the TO Agreement, or renewal option period, if exercised. Evidence of renewal of the Performance Bond and payment of the required premium shall be provided to <<ISSUINGAGENCYACRONYM>>.

The Performance Bond shall be forfeited to <<ISSUINGAGENCYACRONYM>>, in whole or in part, if the Master Contractor defaults in its performance under the TO Agreement.

PAYMENT BOND

The Master Contractor shall submit to the Procurement Officer, within five (5) business days of notice of recommendation for award, a Payment Bond in the amount of the TO Agreement. The bond shall be in the form provided in Attachment O and issued by a surety company licensed to do business in the State and shall be subject to approval by the State. The Payment Bond shall be maintained throughout the term of the TO Agreement, or renewal option period, if exercised. Evidence of renewal of the Payment Bond and payment of the required premium shall be provided to <<ISSUINGAGENCYACRONYM>>.

The Payment Bond shall be forfeited to <<ISSUINGAGENCYACRONYM>>, in whole or in part, if the Master Contractor defaults in its payment of subcontractors or vendors for work performed under the TO Agreement.

Acceptable security for bid, performance, and payment bonds is limited to a bond in a form satisfactory to the State underwritten by a surety company authorized to do business in this State or other acceptable security for bond as described in COMAR 21.06.07. Failure of the Master Contractor to submit and maintain the required Payment and Performance Bond coverage throughout the term of the TO Agreement, and renewal option period, if exercised, will constitute an event of Default under the Master Contract.

SURETY BOND ASSISTANCE PROGRAM

Assistance in obtaining bid, performance and payment bonds may be available to qualifying small businesses through the Maryland Small Business Development Financing Authority (MSBDFA). Applicants are required to work through their respective bonding agents in applying for assistance under the program. Questions regarding the bonding assistance program should be referred to:

Maryland Department of Business and Economic Development

Maryland Small Business Development Financing Authority

MMG Ventures

826 E. Baltimore Street Baltimore, Maryland 21202

Phone:	(410) 333-4270

Fax:	(410) 333-2552

QUESTIONS

All questions concerning this TORFP shall be in writing and directed to the TO Procurement Officer. The TO Procurement Officer will provide a response to all Master Contractors. Please submit all questions no later than the due date for questions listed on the Key Information Summary Sheet; questions received after that time will be answered only as time and circumstances permit. The statements and interpretations contained in responses to any questions, whether responded to orally or in writing, are not binding on the TO Requesting Agency unless the TORFP is expressly amended. Nothing in any response to any questions is to be construed as agreement to or acceptance by the TO Requesting Agency of any statement or interpretation on the part of the entity asking the question.

Proposal Affidavit

A Proposal submitted by the Offeror must be accompanied by a completed Proposal Affidavit. A copy of this Affidavit is included as Attachment S of this TORFP.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK

Section 2 -Scope of Work

2.1	Purpose

<<ISSUINGAGENCYACRONYM>> is issuing this TORFP to install <<insert description>>.

2.2	Issuing Agency Background

<<background>>

2.3	Project Background

<<background>>

2.4	ROLES AND RESPONSIBILITIES

TO Contractor: The C&W Materials & Services Master Contractor awarded the TO Agreement. The TO Contractor shall provide human resources as necessary to perform the services described in this TORFP Scope of Work.

TO Procurement Officer: The sole point of contact in the State for purposes of this TORFP prior to the award of a contract as listed in the Key Information Summary Sheet. <<ISSUINGAGENCYACRONYM>> may change the TO Procurement Officer at any time by written notice.

TO Manager: The State representative who is responsible for managing the day-to-day activities of the TO including, but not limited to, conduct of any pre-construction meeting, the direct supervision of the on-site TO Contractor personnel, reviewing and approving proposed substitution of personnel, reviewing and approving invoices and monitoring and reporting Contractor personnel performance. The TO Manager may designate one or more persons to act as their representative in connection with the foregoing activities. TO Manager may be changed at any time by written notice.

TO Project Manager: The TO Contractor shall identify one (1) Project Manager for this project who will act as primary liaison between <<ISSUINGAGENCYACRONYM>> and the TO Contractor for the duration of this TO Agreement.

Crew Leader: The TO Contractor employee assigned to supervise the installation/labor personnel performing work and who shall be physically on-site whenever TO Contractor personnel are on-site performing work for this TO Agreement. The TO Contractor shall identify one (1) installation Crew Leader in its proposal.

Requirements

[[update requirements as appropriate. These requirements and associated deliverables match typical DoIT installations. A table format is NOT required for requirements.]]

Primary Requirements

ID#	Requirement	Associated Deliverable ID# From Section 2.6.2 Below (If Applicable)
2.5.1.1	Materials & Services Outside Plant (OSP): Underground & Aerial Construction Please see Construction Drawings (Attachment Q) for further details. Also, the following types of underground construction are prohibited, unless pre-approved by TO Manager due to unforeseen field conditions: trenching, plowing, open cut and stitch boring. Directional boring is the preferred method of construction. The TO Contractor shall: Furnish and install approximately 1,820 feet of one (1) 2-inch HDPE conduit on State and non – State highway roads at a minimum 36” to 48” inches in depth. All road crossings require a minimum of 60” inches in depth. Furnish and install approximately 38 feet of one (1) 4” PVC conduit, with Three (3) 1 ¼” Corrugated inner-ducts. Furnish and install Four (4) 24”x36”x36” Tier 22 hand holes with Four (4) Tier 22 Rated Lids marked “State Fiber” and One (1) 30”x40”x36” Tier 22 Rated hand hole with Tier 22 Lid marked “State Fiber”. Furnish and install Five (5) 5/8”x 8’ ground rods w/appropriate miscellaneous grounding hardware. Proof all conduits utilizing a 1.75” mandrel. Furnish and install approximately 1,820 feet of one (1) solid copper jacketed #14-gauge tracer wire, and furnish and install approximately 1,820 feet of one (1) 1250lb. mule tape in the conduit. Furnish and install approximately 2,115 feet of one (1) 48 count, dielectric, OSP rated, single mode, ribbon fiber optic cable.; and 500 feet of one (1) 24 count, dielectric, OSP rated, single mode, ribbon fiber optic cable. Furnish and install approximately 10FT of 2” PVC SCH80 to construct a new riser outside of the existing county shelter. Supply and install One (1) 12”x12” PVC pull box on the exterior wall of the existing county shelter, drill through wall into existing shelter. Place fiber into shelter through new riser. Restoration to all affected areas shall meet SHA, County and/or Municipal standards.	2.6.2.1
2.5.1.2	The State shall supply the following materials: Five (5) Fiber Marker Posts Fiber Identification Tags The TO Contractor shall supply all necessary materials and incidentals to perform the work specified in this TORFP including: Approximately 1,820 feet of 2-inch HDPE SDR 11 conduit. 38 feet of 1-4” PVC conduit, with Three (3) 1 ¼” Corrugated inner-ducts Four (4) Tier 22 rated – 24”x36”x36” hand holes with Four (4) tier 22 lids marked “state fiber”. And One (1) 30”x40”x36” Tier 22 Rated hand hole with Tier 22 Lid marked “State Fiber” Five (5) 5/8”x8’ ground rods and miscellaneous hardware. Approximately 1,820 feet of 1250 lb. mule tape. Approximately 1,820 feet of 14-gauge tracer wire, Approximately 2,115 feet of 48 count, dielectric, OSP rated, single mode, ribbon fiber optic cable. 500 feet of 24 count, dielectric, OSP rated, single mode, ribbon fiber optic cable. All underground grounding materials as specified in Section 2.5.1.	2.6.2.1
2.5.1.3	The TO Contractor’s temporary and permanent restoration to affected areas shall meet right-of-way owner standards for all hard/soft disturbed surfaces. The TO Contractor shall complete temporary restoration no later than one (1) Working Day* after installation of conduit and hand holes. The TO Contractor shall complete permanent restoration in no later than five (5) Working Days after completion of proofing conduits.	2.6.2.1
2.5.1.4	The TO Contractor shall supply hard copy as-built drawings and pdf copies in red-line format. As-built red line drawings shall include offsets and depths of fiber every 50 feet including but not limited to depths at roadway crossings. The TO Contractor shall provide fiber sequential numbers in and out at each hand hole location, at each utility pole, as well as at each slack loop location to include the in and out sequential numbers.	2.6.2.2
2.5.1.5	The TO Contractor shall test fibers using an Optical Time-Domain Reflectometer (OTDR). If TO Contractor utilizes an OTDR other than EXFO, TO Contractor shall provide the State with the viewing software to review soft copy fiber traces. Full Auto Mode is required which shall set the appropriate Range/Resolution/Pulse Width/Time Averaging. The TO Contractor’s testing shall include, at a minimum, the following: 12, 24, 48, 96 count Fiber Optic Cables: Test fibers 1, 6 & 12 in each ribbon Bare fiber test at 1310nm & 1550nm, uni-directional	2.6.2.3
2.5.1.6	The TO Contractor shall provide two (2) hard copies and one (1) soft copy of its OTDR fiber testing package. Soft copy shall be in viewing software format.	2.6.2.4
2.5.1.7	The TO Contractor shall supply materials and services that shall be in compliance with Attachment P. Master Contractors shall include all vendor-supplied material costs in their proposed Construction costs (see Attachment A- Price Sheet Form).	2.6.2.1

* Working Days: All business days with the exception of SHA, County and/or municipal holidays, moratoriums or inclement weather days.

2.5.2 Additional Requirements

[[Adjust the following as appropriate to this TORFP]]

Additionally, the TO Contractor shall:

Coordinate all aspects of this project with existing work and/or after-hours work as required by County and State permitting agencies.

Be responsible for coordinating and calling in locates with Miss Utility for all existing utilities.

Be responsible for performing private locates for all existing utilities on private or governmental property.

Conduct all coordination and scheduling with <<ISSUINGAGENCYACRONYM>>, County and other rights-of-way owners.

Adhere to all State & County traffic control requirements including having a certified Traffic Control Manager on site as required by permits.

Obtain all necessary lane closure permits.

Perform temporary and permanent restoration to affected areas and meet right-of-way owner standards for all hard/soft disturbed surfaces.

Adhere to SHA’s Standard Specifications for Construction and Materials (Gray Book) dated July 2008 for work on State roads, as well as all necessary Calvert County construction standards for work on County roads.

Be responsible for obtaining all required permits at its own expense unless otherwise directed by <<ISSUINGAGENCYACRONYM>>.

Deliverables

2.6.1	Deliverables Submission Process

The TO Contractor shall submit all final deliverables to the TO Manager for review and approval. All final deliverables must be accompanied by a Milestone Acceptance Form (Attachment R) and be signed by the Project Manager and the TO Manager. In the event of rejection, the TO Contractor shall correct the identified deficiencies or non-conformities. Once the State’s issues have been addressed and resolutions are accepted by the TO Manager, the TO Contractor will incorporate the resolutions into the deliverable and resubmit the deliverable for acceptance. Accepted deliverables shall be invoiced within thirty (30) calendar days in the applicable invoice format (reference Section 2.13 Invoicing).

A written deliverable defined as a final document must satisfy the scope and requirements of this TORFP for that deliverable. Final written deliverables shall not contain structural errors such as poor grammar, misspellings or incorrect punctuation, and must:

be presented in a format appropriate for the subject matter and depth of discussion;

be organized in a manner that presents a logical flow of the deliverable’s content;

represent factual information reasonably expected to have been known at the time of submittal; and

present information that is relevant to the section of the deliverable being discussed.

The required deliverables are defined below. Within each task, the TO Contractor may suggest other subtasks or deliverables to improve the quality and success of the project.

DELIVERABLE DESCRIPTIONS/ ACCEPTANCE CRITERIA

[[update deliverables as appropriate. These deliverables match typical DoIT installations.]]

ID#	Deliverable Description	Acceptance Criteria	Due Date
2.6.2.1	Materials & Services Installation of fiber lateral to Calvert County Lusby Radio Tower	Meeting requirements in: 2.5.1 2.5.2 2.5.3 2.5.7 Satisfying MD SHA's Standard Specifications for Construction and Materials (Gray Book) dated July 2008	No later than thirty <<(30) Working Days>> after Notice to Proceed
2.6.2.2	As Built Drawings	Meeting requirements in 2.5.4 In red-line format Hard copies and soft copies provided Two (2) Hard Copy as-built drawings shall be delivered after completion of construction, to the designated DOIT representative. Soft copy as-built drawings shall be delivered at project completion.	Soft copies delivered no later than <<two (2) Working Days>> after completion of construction.
2.6.2.3	OTDR Testing of Fibers	Meeting requirements in 2.5.5	No later than three <<(3) Working Days>> after installation of the fiber optic cable.
2.6.2.4	OTDR Testing Package	Meeting requirements in 2.5.6 Two (2) hard copies and one (1) soft copy of the OTDR fiber testing package. Soft copy shall be in viewing software format.	No later than <<five (5)>> Working Days after OTDR fiber testing completion.

2.7	Progress Reporting

Not Applicable.

[[OR

tailor the following if applicable. Shorter TORFPs do not require progress reporting.]]

The TO Contractor shall submit an electronic monthly progress report to the TO Manager. The progress report shall be submitted on or before the fifteenth day of the month following the reporting period and shall contain, as a minimum, the following information:

work accomplished during the reporting period;

deliverable progress, as a percentage of completion;

problem areas;

planned activities for the next reporting period;

Microsoft Project 2010 Gantt chart, updated from original to show actual progress; as applicable, explanations for variances and plan for completion on schedule; and

additionally, the TO Contractor shall provide written notification to the TO Manager, when the TO Contractor reaches 75% of work completed.

2.8	Security Requirements

Not applicable.

[[OR

Describe any physical or on-site security requirements the TO Contractor must adhere to when conducting on-site visits.]]

Sample text:

Master Contractor is subject to screening prior to entering DPSCS facilities.

All workers must keep badges visible at all times.

2.9	REQUIRED PROJECT POLICIES, GUIDELINES AND METHODOLOGIES

The TO Contractor shall comply with all applicable laws, regulations, policies, standards and guidelines affecting fiber construction and information technology projects, which may be created or changed periodically. The TO Contractor shall adhere to and remain abreast of current, new, and revised laws, regulations, policies, standards and guidelines affecting project execution.

TO Contractor’s personnel and Subcontractors are to follow a consistent methodology for all TO activities.

The TO Contractor shall meet all requirements for working in state & city rights-of-way, including but not limited to maintenance of traffic certifications, sediment & erosion control certifications, permits, etc.

2.10	CONTRACTOR PERSONNEL EXPERTISE REQUIRED

[[update as appropriate

OR]]

This section is not applicable for this solicitation.

2.11	CONTRACTOR MINIMUM QUALIFICATIONS

[[update as appropriate]]

The Master Contractor must demonstrate in its TO Technical Proposal, that it possesses the following mandatory minimum qualifications:

Demonstrated experience in Materials & Services fiber optic construction in state and municipal rights-of-way. As evidence of meeting this minimum qualification, Master Contractors shall provide at least three (3) examples within the past two years of experience in Materials & Services fiber optic construction of similar size and scope, with at least one in state or municipal rights-of-way.

Provision of a Project Manager with five (5) years of experience supervising Outside Plant fiber optic construction projects in addition to meeting the minimum qualifications for the Project Manager labor category as defined in Section 3.7.6 of the C&W Materials and Services RFP. Master Contractors shall provide the qualifications of their proposed Project Managers using the form in Attachment E.

Education: Bachelor’s Degree from an accredited college or university in Engineering, Computer Science, Information Systems, Business or other related discipline. Master’s degree or project management certification is preferred.

General Experience: At least five (5) years of experience in project management.

Specialized Experience: At least five (5) years of experience in managing IT related projects and must demonstrate a leadership role in at least three successful projects that were delivered on time and on budget.

Provision of a certified SHA Traffic Control Manager. Master Contractors must furnish a valid copy of this individual’s certification with their TO Technical Proposals.

Possess SHA Sediment & Erosion Control certification. Master Contractors shall furnish a valid copy of this certification with their TO Technical Proposals.

2.12	Substitution of Personnel

Unless otherwise directed by the TO Manager as set forth below, all TO Contractor personnel described in the TO Contractor’s TO Technical Proposal shall perform continuously for the duration of the TO. The TO Manager shall give written notice of performance issues to the TO Contractor, clearly describing the problem and delineating remediation requirement(s). The TO Contractor shall respond with a written remediation plan within three (3) business days and implement immediately upon written acceptance by the TO Manager. Should performance issues persist, the TO Manager may give written notice or request the immediate removal of person(s) whose performance is at issue and determine whether a substitution is required.

The TO Contractor may not substitute personnel, other than by reason of an individual’s death, sudden illness expecting to extend beyond five (5) working days, or termination of employment, without the prior written approval of the TO Manager.

To replace any personnel specified in the TORFP response, the TO Contractor shall submit the resumes and any required certifications of the proposed substitute personnel to the TO Manager for approval at least two (2) weeks prior to the effective date of substitution. All proposed substitute personnel shall have qualifications at least equal to those of the replaced personnel, and must be approved by the TO Manager.

2.13	Invoicing

Payment will only be made upon completion and acceptance of the deliverables as defined in 2.6.2.

Invoice payments to the TO Contractor shall be governed by the terms and conditions defined in the C&W Materials & Services Master Contract and C&W Materials & Services RFP Section 3.15. Proper invoices for payment shall contain the TO Contractor's Federal Tax Identification Number, as well as the information described below, and must be submitted to the TO Manager for payment approval.

The TO Contractor shall submit invoices for payment upon acceptance of separately priced deliverables, on or before the 15th day of the month following receipt of the approved notice(s) of acceptance from the TO Manager. A copy of the notice(s) of acceptance shall accompany all invoices submitted for payment.

2.13.1	INVOICE SUBMISSION PROCEDURE

This procedure consists of the following requirements and steps:

The invoice shall identify the TO Requesting Agency deliverable description, associated TO Agreement number, date of invoice, period of performance covered by the invoice, and a TO Contractor point of contact with telephone number. All invoices must be accompanied by a fully executed Milestone Acceptance Form (Attachment R).

The TO Contractor shall e-mail the original of each invoice and signed notice(s) of acceptance to the TO Requesting Agency at e-mail address: <<email>> with a copy to the TO Manager.

Invoices for final payment shall be clearly marked as “FINAL” and submitted when all work requirements have been completed and no further charges are to be incurred under the TO Agreement. In no event shall any invoice be submitted later than 60 calendar days from the date of TO Agreement expiration or termination.

2.13.2	FINAL ACCEPTANCE SIGN-OFF

Final acceptance by the TO Manager shall take place after the last of the following has occurred:

A.	The requirements of Section 2 are satisfied.

B.	Required number of sets of “as-built” project documentation are provided and filed with the TO Manager.

C.	All deficiencies noted by the State have been corrected to the State’s satisfaction.

D.	The TO Contractor provides all bills of sale and warranties for the supplied materials to the TO Manager, including titles, certificates of origin, or other documentation that specifies a “lien free condition” and declares the State as the owner.

2.14	CHANGE ORDERS

If the TO Contractor is required to perform additional work outside the scope of Section 2 of this TORFP as determined by the TO Procurement Officer, or there is a work reduction due to unforeseen scope changes, the TO Contractor and TO Manager shall negotiate a mutually acceptable price modification based on the TO Contractor’s proposed rates in the Master Contract and scope of the work change. A scope of work change includes any schedule changes, regardless of financial impact. The TO Contractor shall not perform any scope of work modifications until a change order is executed by the TO Procurement Officer.

2.15 MBE PARTICIPATION REPORTS

Monthly reporting of MBE participation is required in accordance with the terms and conditions of the C&W Materials & Services Master Contract by the 15th day of each month. The TO Contractor shall provide completed MBE Participation forms (Attachment D, Form D-4A and Form D-4B) to <<ISSUINGAGENCYACRONYM>> at the same time the invoice copy is sent. The TO Contractor shall ensure that each MBE Subcontractor provides a completed MBE Participation Form (Attachment D, Form D-5). Subcontractor reporting shall be sent directly from the subcontractor to <<ISSUINGAGENCYACRONYM>>. <<ISSUINGAGENCYACRONYM>>will monitor both the TO Contractor’s efforts to achieve the MBE participation goal and compliance with reporting requirements. The TO Contractor shall email all completed forms, copies of invoices and checks paid to the MBE directly to the TO Manager.

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SECTION 3 - PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS

3.1	REQUIRED RESPONSE

Each Master Contractor receiving this TORFP is requested to respond with one of two possible responses: 1) a proposal; or 2) a completed Master Contractor Feedback Form. The feedback form helps the State understand for future contract development why Master Contractors did not submit proposals. The form is accessible via the C&W Materials & Services Master Contractor login screen and clicking on TORFP Feedback Response Form from the menu.

3.2	FORMAT

TO Proposals must be in compliance with the requirements of this TORFP and must contain the following sections in order:

3.2.1 TECHNICAL PROPOSAL

A) The TO Technical Proposal shall contain a title page and Table of Contents.

B) Proposed Services- Work Plan

1) Executive Summary: A high level overview of the Master Contractor’s understanding of the background, purpose, and objectives of the TORFP and containing a summary of the Master Contractor’s capabilities and experience and the proposed methodology and solution for achieving the objectives of the TORFP.

2) Assumptions: A description of any assumptions formed by the Master Contractor in developing the TO Technical Proposal. Master Contractors should avoid assumptions that counter or constitute exceptions to TORFP terms and conditions.

3) Proposed Tools: A description of any tools, for example hardware and/or software applications that will be used to facilitate the work.

4) Requirements: A detailed discussion of the Master Contractor’s understanding of the work and the Master Contractor’s capabilities, approach and solution to address the requirements outlined in Section 2.

5) A Project Management Plan that addresses the following components:

Management and oversight of the project;

Safety Plan;

Risk Management Plan for identification and communication of issues impacting schedule or cost of project; and

Proposed Schedule for Construction (based on days of work, not calendar).

6) Hardware/Software: An itemized list and description of all hardware and software required to successfully execute the TO (if applicable).

7) Acceptance Criteria: A statement acknowledging the Master Contractor’s understanding of the final acceptance sign-off.

C) Proposed Personnel

1)	Identify and provide a resume for the Project Manager ensuring the resume demonstrates satisfaction of all qualifications and additional specific experience for the labor category as indicated in Sections 2.10 and 2.11. The resume should feature prominently skills and experience as they relate to the Master Contractor’s proposed solution and Section 2 – Scope of Work.

2) Certification that all proposed personnel meet the minimum qualifications outlined in the C&W Materials & Services RFP.

3) Provide the names, titles and, if applicable, certifications, of the Master Contractor’s management staff (including the Crew Leader and the certified Traffic Control Manager) who will supervise the personnel and quality of services rendered under this TO Agreement.

4) Complete and provide Attachment E – Labor Classification Personnel Resume Summary for the Project Manager only.

D) Subcontractors

Identify all proposed subcontractors and their roles in the performance of Section 2 - Scope of Work.

E) Master Contractor and Subcontractor Experience and Capabilities

1) Provide at least three (3) examples of projects or contracts with at least one in state or municipal rights-of-way the Master Contractor has completed that were similar in size and scope to the project described in Section 2 - Scope of Work. Each example must have been within the past two (2) years. Each example must include contact information for the client organization complete with the following:

a. Name of organization.

b. Point of contact name, title, and telephone number (point of contact shall be accessible and knowledgeable regarding experience).

c. Services provided as they relate to Section 2 - Scope of Work.

d. Start and end dates for each example project or contract. If the Master Contractor is no longer providing the services, explain why not.

2) State of Maryland Experience: If applicable, the Master Contractor shall submit a list of all contracts it currently holds or has held within the past five (5) years with any entity of the State of Maryland. For each identified contract, the Master Contractor shall provide:

a.	Name of organization;

b.	Point of contact name, title, and telephone number (point of contact shall be accessible and knowledgeable regarding experience);

c.	Services provided as they relate to Section 2 - Scope of Work;

d.	Start and end dates for each example project or contract. If the Master Contractor is no longer providing the services, explain why not;

e.	Dollar value of the contract;

f.	Whether the contract was terminated before the original expiration date; and

g.	Whether any renewal options were not exercised.

Note - State of Maryland experience can be as project or contract experience. State of Maryland experience is neither required nor given more weight in proposal evaluations.

F) State Assistance

Provide an estimate of expectation concerning participation by State personnel.

G) Confidentiality

A Master Contractor should give specific attention to the identification of those portions of its proposal that it considers confidential, proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Title 4, of the General Provisions Article of the Annotated Code of Maryland. Contractors are advised that, upon request for this information from a third party, the TO Procurement Officer will be required to make an independent determination regarding whether the information may be disclosed.

H) Required Attachments as identified in Section 1.2.E

3.2.2 TO FINANCIAL PROPOSAL

A) A description of any assumptions on which the Master Contractor’s TO Financial Proposal is based (Assumptions shall not constitute conditions, contingencies, or exceptions to the price proposal);

B) Attachment A- Completed, signed TO Price Sheet Form

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SECTION 4 - TASK ORDER AWARD PROCESS

4.1	OVERVIEW

The TO Contractor will be selected from among all eligible Master Contractors responding to the C&W Materials & Services TORFP. In making the TO Agreement award determination, the TO Requesting Agency will consider all information submitted in accordance with Section 3.

4.2	TECHNICAL PROPOSAL EVALUATION CRITERIA

The following are technical criteria for evaluating a TO Proposal in descending order of importance.

The Master Contractor’s overall understanding of the TORFP Scope of Work – Section 2. Level of understanding will be determined by the quality, accuracy and detail of the TO Technical Proposal in adherence with Section 3.2.1.

The capability of the Offeror to perform the required tasks and produce the required deliverables in the TORFP Scope of Work – Section 2.

Proposed Project Manager’s qualifications and experience.

Proposed Project Management Plan including information on Risk Management Plan, Safety Plan, and schedule.

Previous performance under any State of Maryland contracts.

4.3	SELECTION PROCEDURES

TO Proposals will be assessed throughout the evaluation process for compliance with the minimum personnel qualifications in Section 2.11 and quality of responses to Section 3.2.1. Qualified TO Proposal technical responses will be reviewed and ranked according to technical merit. TO Proposals deemed technically qualified will have their TO Financial Proposal considered. Master Contractors submitting TO Proposals deemed not reasonably susceptible for award will receive e-mail notice from the TO Procurement Officer of that determination.

Qualified TO Proposal financial responses will be reviewed and ranked from lowest to highest price proposed.

The TO Proposal most advantageous to the State considering technical and financial submission shall be selected for award. In making this selection, technical merit shall have greater weight in evaluation than financial pricing.

4.4	COMMENCEMENT OF WORK UNDER A TO AGREEMENT

Commencement of work in response to a TO Agreement shall be initiated upon issuance of a fully executed TO Agreement, a Purchase Order, and by a Notice to Proceed authorized by the TO Procurement Officer. See Attachment J- Notice to Proceed (Sample).

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Section 5 - Instructions to Offerors

This section contains instructions to the Offerors for the preparation of the responses and notices pertaining to the TORFP.

5.1	Economy of Preparation

Failure to follow any of the response preparation instructions may constitute reason for rendering a TO Proposal not reasonably susceptible for award. Responses shall be concise and coherent. Promotional declarations of the Offeror’s organizational accomplishments are not encouraged. The State of Maryland is not responsible for any expenses incurred by the Offeror in preparing and submitted a response to this TORFP.

5.2	Confidentiality

An Offeror should give specific attention to the identification of those portions of its response that it considers confidential, proprietary commercial information or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under Public Information Act, Title 4, of the General Provisions Article of the Annotated Code of Maryland. Contractors are advised that, upon request for this information from a third party, the Procurement Officer will be required to make an independent determination regarding whether the information may be disclosed (see COMAR 21.05.08.01).

Attachment A- Price SHEET Form

<<solicitationTitle>>

Cable and Wiring TORFP # <<solicitationNumber>>

[[insert appropriate price sheet for the items purchased under this TORFP]]

Description	Quantity [A]	TO Unit Price [B]	Extended Price [A]x[B]
2.6.2.1, Construction	1 Job	$	$
2.6.2.2 As-built drawing package	1 Package	$	$
2.6.2.3 OTDR Testing of fibers	18 Fibers	$	$
2.6.2.4 OTDR fiber testing package	1 Package	$	$
Total Evaluated Price-	$

Authorized Individual Signature	Company Name
Date	Company Tax ID #
Signature	Date
SUBMIT AS A PDF WITH THE TO FINANCIAL PROPOSAL

ATTACHMENT B- Task Order Agreement

C&W MATERIALS & SERVICES Task Order Agreement <<solicitationNumber>> of Master Contract # 060B6400046

This Task Order Agreement (“TO Agreement”) is made this day of Month 201X by and between (TO Contractor Name) and the STATE OF MARYLAND, <<issuingAgencyName>> (<<ISSUINGAGENCYACRONYM>> or “Agency”).

IN CONSIDERATION of the mutual promises and the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Definitions. In this TO Agreement, the following words have the meanings indicated:

“C&W MATERIALS & SERVICES TORFP <<solicitationNumber>>”, means the Task Order Request for Proposals #<<solicitationNumber>> issued on (Month, Day, Year), including any addenda.

“COMAR” means the Code of Maryland Regulations available on-line at www.dsd.state.md.us.

“Master Contract” means the C&W MATERIALS & SERVICES Master Contract between the Maryland Department of Information Technology and TO Contractor, dated as of its dated date.

“TO Contractor” means the C&W MATERIALS & SERVICES Master Contractor awarded this TO Agreement, whose principal business address is _________________________________.

“TO Manager” means the individual identified in the TORFP. The TO Requesting Agency may change the TO Manager at any time by written notice to the TO Contractor.

“TO Procurement Officer” means the individual identified in the TORFP. The TO Requesting Agency may change the TO Procurement Officer at any time by written notice to the TO Contractor.

“TO Proposal” collectively refers to the TO Proposal – Technical and TO Proposal – Financial.

“TO Proposal – Financial” means the TO Contractor’s financial response to the C&W MATERIALS & SERVICES TORFP dated as of its dated date.

“TO Proposal - Technical” means the TO Contractor’s technical response to the C&W MATERIALS & SERVICES TORFP dated as of its dated date.

“Working Day” means all business days with the exception of holidays observed by <<[[Adjust this language appropriate to this TORFP:]] either the Maryland State Highway Administration or Somerset County, Maryland,>> moratoriums or inclement weather days.

2. Scope of Work

2.1.	This TO Agreement incorporates all of the terms and conditions of the Master Contract and shall not in any way amend conflict with or supersede the Master Contract.

2.2	The TO Contractor shall, in full satisfaction of the specific requirements of this TO Agreement, provide the services set forth in Section 2 of the C&W Materials & Services TORFP. These services shall be provided in accordance with the Master Contract, this TO Agreement, and the following Exhibits, which are incorporated herein by reference. If there is any conflict among the Master Contract, this TO Agreement, and these Exhibits, the terms of the Master Contract shall govern. If there is any conflict between this TO Agreement and any of these Exhibits, the following order of precedence shall determine the prevailing provision:

a.	The TO Agreement,

b.	Exhibit A – C&W Materials & Services TORFP

c.	Exhibit B – TO Proposal-Technical

d.	Exhibit C – TO Proposal-Financial

2.3	The TO Procurement Officer may, at any time, by written order, make changes in the work within the general scope of the TO Agreement. No other order, statement or conduct of the TO Procurement Officer or any other person shall be treated as a change or entitle the TO Contractor to an equitable adjustment under this section. Except as otherwise provided in this TO Agreement, if any change under this section causes an increase or decrease in the TO Contractor’s 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 TO Agreement price shall be made and the TO Agreement modified in writing accordingly. The TO Contractor must assert in writing the 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 TO Contractor shall be allowed if asserted after final payment under this TO Agreement. Failure to agree to an adjustment under this section shall be a dispute under the Disputes clause of the Master Contract. Nothing in this section shall excuse the TO Contractor from proceeding with the TO Agreement as changed.

3.	Time for Performance.

The term of this TO Agreement shall commence on the date the TO Agreement is fully executed and, unless terminated earlier as provided in the Master Contract, expire upon satisfactory completion of the scope of work in accordance with the C&W Materials & Services TORFP. Performance of work shall commence on the date set forth in the Notice to Proceed from the TO Manager and, barring excusable delays as set forth in COMAR 21.07.01.13, the work shall be completed within <<forty-three (43)>> Working Days.

4.	Consideration and Payment

4.1	In consideration of its performance hereunder, the TO Contractor shall be paid the fixed price of $................. . Any work performed by the TO Contractor in excess of the fixed price amount of the TO Agreement without the prior written approval of the TO Manager is at the TO Contractor’s risk of non-payment.

4.2	Payments to the TO Contractor shall be made as outlined in Section 2 of the C&W Materials & Services TORFP, but no later than thirty (30) days after the Agency’s receipt of a proper invoice for services provided by the TO Contractor, acceptance by the Agency of services provided by the TO Contractor, and pursuant to the conditions outlined in Section 4 of this Agreement.

4.3	Each invoice for services rendered must include the TO Contractor’s Federal Tax Identification Number which is __________. Charges for late payment of invoices other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, as from time-to-time amended, are prohibited. Invoices must be submitted to the Agency TO Manager unless otherwise specified herein.

.

4.4	In addition to any other available remedies, if, in the opinion of the TO Procurement Officer, the TO Contractor fails to perform in a satisfactory and timely manner, the TO Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the TO Contractor to be reduced or withheld until such time as the TO Contractor meets performance standards as established by the TO Procurement Officer.

IN WITNESS THEREOF, the parties have executed this TO Agreement as of the date hereinabove set forth.

TO CONTRACTOR (INSERT COMPANY NAME)

_____________________________________	____________________________

Signed: TO Contractor	Date

Witness: _______________________

STATE OF MARYLAND, <<issuingAgencyName>>

_____________________________________	____________________________

Signed:	Date

Witness: _______________________

Approved for form and legal sufficiency this ______ day of _________________ 20___.

_________________________

Assistant Attorney General

ATTACHMENT C- Conflict Of Interest And Disclosure Affidavit

A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

B. "Person" has the meaning stated in COMAR 21.01.02.01B(64) and includes a bidder, Master Contractor, Contractor, consultant, or subcontractor or sub-consultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.

C. The bidder or Master Contractor 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 detail—attach additional sheets if necessary):

E. The bidder or Master Contractor agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder or Master Contractor 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 or Master Contractor 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.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

Date:____________________	By:______________________________________

(Authorized Representative and Affiant)

Submit As a .PDF File with TO Technical Proposal

ATTACHMENT D- MINORITY BUSINESS ENTERPRISE PARTICIPATION

TO CONTRACTOR MINORITY BUSINESS ENTERPRISE REPORTING REQUIREMENTS

C&W- Materials & Services TORFP # <<solicitationNumber>>

If after reading these instructions you have additional questions or need further clarification, please contact the TO Manager immediately.

As the TO Contractor, you have entered into a TO Agreement with the State of Maryland. As such, your company/firm is responsible for successful completion of all deliverables under the contract, including your commitment to making a good faith effort to meet the MBE participation goal(s) established for the TORFP. Part of that effort, as outlined in the TORFP, includes submission of monthly reports to the State regarding the previous month’s MBE payment activity. Reporting forms D-4A (MBE Prime Contractor Paid/Unpaid Invoice Report), D-4B (MBE Prime Contractor Report) and D-5 (MBE Subcontractor Paid/Unpaid Invoice Report) are attached for your use and convenience.

The TO Contractor must complete a separate Form D-4A for each MBE subcontractor for each month of the contract and submit one copy to each of the locations indicated at the bottom of the form. The report is due no later than the 15th of the month following the month that is being reported. For example, the report for January’s activity is due no later than the 15th of February. With the approval of the TO Manager, the report may be submitted electronically. Note: Reports are required to be submitted each month, regardless whether there was any MBE payment activity for the reporting month.

The TO Contractor is responsible for ensuring that each subcontractor receives a copy of Form D-5 (e-copy of and/or hard copy). The TO Contractor should make sure that the subcontractor receives all the information necessary to complete the form properly, including all of the information located in the upper right corner of the form. It may be wise to customize Form D-5 (upper right corner of the form) for the subcontractor. This will help to minimize any confusion for those who receive and review the reports.

It is the responsibility of the TO Contractor to make sure that all subcontractors submit reports no later than the 15th of each month, including reports showing zero MBE payment activity. Actual payment data is verified and entered into the State’s financial management tracking system from the subcontractor’s D-5 report only. Therefore, if the subcontractor(s) do not submit D-5 payment reports, the TO Contractor cannot and will not be given credit for subcontractor payments, regardless of the TO Contractor’s proper submission of Form D-4A. The TO Manager will contact the TO Contractor if reports are not received each month from either the prime contractor or any of the identified subcontractors.

The TO Contractor must promptly notify the TO Manager if, during the course of the contract, a new MBE subcontractor is utilized. Failure to comply with the MBE contract provisions and reporting requirements may result in sanctions, as provided by COMAR 21.11.03.13.

MBE ATTACHMENT D-1A

[[If this solicitation does not include an MBE goal, 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 an MBE goal, include the following “D” Attachments:]]

D-1A
MBE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT
& MBE PARTICIPATION SCHEDULE

PART 1 - 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, the Procurement Officer shall deem the bid non-responsive or shall determine that the proposal is not reasonably susceptible of being selected for award.

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.

MBE Goals and Subgoals: Please review the solicitation for information regarding the Contract’s 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 the various MBE classifications to meet the remainder of the overall MBE participation goal.

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. A firm whose MBE certification application is pending may not be counted.

Please refer to the MDOT MBE Directory at https://mbe.mdot.maryland.gov/directory/ 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 codes, please visit https://www.census.gov/eos/www/naics/. 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. CAUTION: If the firm’s 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.

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 overall MBE participation goal, including up to 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 Prime’s 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 Prime’s 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 use other MBEs for each of any remaining subgoals or request a waiver. As set forth in Attachment 1-B Waiver Guidance, the MBE Prime’s 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 the Governor‘s Office of Small Minority & Women Business Affairs’ website for the MBE Prime Regulations Q&A for illustrative examples.

http://www.goMDsmallbiz.maryland.gov/Documents/MBE_Toolkit/MBEPrimeRegulation_QA.pdf

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, clearly-defined portion of the work of the Contract that the certified MBE performs with its own forces toward fulfilling the Contract goal, and not more than one of the Contract subgoals, if any.

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.

Materials and Supplies: New Guidelines Regarding MBE Participation.

Regular Dealers: Up to 60% of the costs of materials and supplies provided by a certified MBE may be counted towards the MBE participation goal(s) if such MBE is a Regular Dealer of such materials and supplies. Regular Dealer is defined as a firm that owns, operates, or maintains a store, a warehouse, or any other establishment in which the materials, supplies, articles, or equipment are of the general character described by the specifications required under the contract and are bought, kept in stock, or regularly sold or leased to the public in the usual course of business; and does not include a packager, a broker, a manufacturer’s representative, or any other person that arranges or expedites transactions. Generally, a Regular Dealer will be identified as a wholesaler or supplier in the MDOT Directory.

Manufacturers: A certified MBE firm’s participation may be counted in full if the MBE is certified in the appropriate NAICS code(s) to provide products and services as a manufacturer.

Brokers: With respect to materials or supplies purchased from a certified MBE that is neither a manufacturer nor a regular dealer, a unit may apply the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, fees, or transportation charges for the delivery of materials and supplies required on a procurement toward the MBE contract goals, provided a unit determines the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. A unit may not apply any portion of the costs of the materials and supplies toward MBE goals.

Furnish and Install: The participation of a certified MBE supplier, wholesaler, and/or regular dealer certified in the proper NAICS Code(s) to furnish and install materials necessary for successful contract completion may be counted in full.

.

Dually certified firms. An MBE that is certified in more than one subgroup category may only be counted toward goal fulfillment of ONE of those categories with regard to a particular contract.
Example: A woman-owned Hispanic American (dually certified) firm may be used to fulfill the women-owned OR Hispanic American subgoal, but not both on the same contract.

CAUTION: The percentage of MBE participation, computed using the percentage amounts determined for all of the MBE firms listed in PART 3, MUST meet or exceed the MBE participation goal and subgoals (if applicable) as set forth in PART 2- for this solicitation. If a bidder/offeror is unable to meet the MBE participation goal or any subgoals (if applicable), then the bidder/offeror must request a waiver in PART 2 or the bid will be deemed not responsive, or the proposal not reasonably susceptible of being selected for award. You may wish to use the attached Goal/Subgoal Worksheet to assist in calculating the percentages and confirming that your commitment meets or exceeds the applicable MBE participation goal and subgoals (if any).

If you have any questions as to whether a firm is certified to perform the specific services or provide specific products, please contact MDOT’s 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.

Subgoals (if applicable)

Total African American MBE Participation:	_____________%

Total Asian American MBE Participation:	_____________%

Total Hispanic American MBE Participation:	_____________%

Total Women-Owned MBE Participation:	_____________%

Overall Goal

Total MBE Participation (include all categories):	_____________%

PART 2 - 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. , I affirm the following:

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 and 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 PART 3 - MBE Participation Schedule 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 PART 3, the MBE Participation Schedule 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.

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 working days of receiving notice of the potential award or from the date of conditional award (per COMAR 21.11.03.10), whichever is earlier:

Good Faith Efforts Documentation to Support Waiver Request (Attachment __-1C)

Outreach Efforts Compliance Statement (Attachment __-2);

MBE Subcontractor/MBE Prime Project Participation Statement (Attachments __-3A and 3B);

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.

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.

PART 3 - MBE PARTICIPATION SCHEDULE

Set forth below are the (i) certified MBEs I intend to use, (ii) the percentage of the total Contract value 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)

MBE Prime Firm Name:________________________________ MBE Certification Number: ___________ (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	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): _______% Please refer to Item #8 in PART 1- Instructions of this document for new MBE participation guidelines regarding materials and supplies. Supplier Manufacturer Broker Furnish and Install Services Other 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): _______% Description of the Work to be performed with MBE prime’s own forces: _____________________________________________ ___________________________________________________ ___________________________________________________

SECTION B: For all Contractors (including MBE Primes and MBE Primes in a Joint Venture)

MBE Firm Name:______________________________________ MBE Certification Number: ______________________ (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	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): _______% Please refer to Item #8 in PART 1- Instructions of this document for new MBE participation guidelines regarding materials and supplies. Supplier Manufacturer Broker Furnish and Install Services Other Description of the Work to be Performed: _____________________________________ _____________________________________ _____________________________________ _____________________________________
MBE Firm Name:______________________________________ MBE Certification Number: _____________________ (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	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): _______% Please refer to Item #8 in PART 1- Instructions of this document for new MBE participation guidelines regarding materials and supplies. Supplier Manufacturer Broker Furnish and Install Services Other Description of the Work to be Performed: _____________________________________ _____________________________________ _____________________________________ _____________________________________
MBE Firm Name:______________________________________ MBE Certification Number: ______________________ (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	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): _______% Please refer to Item #8 in PART 1- Instructions of this document for new MBE participation guidelines regarding materials and supplies. Supplier Manufacturer Broker Furnish and Install Services Other Description of the Work to be Performed: _____________________________________ _____________________________________ _____________________________________ _____________________________________
MBE Firm Name:______________________________________ MBE Certification Number: ______________________ (If dually certified, check only one box.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification	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): _______% Please refer to Item #8 in PART 1- Instructions of this document for new MBE participation guidelines regarding materials and supplies. Supplier Manufacturer Broker Furnish and Install Services Other Description of the Work to be Performed: _____________________________________ _____________________________________ _____________________________________ _____________________________________

Continue on separate page if needed

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	Signature of Authorized Representative

(please print or type)

_______________________________	__________________________________

Address	Printed Name and Title

_______________________________	__________________________________

City, State and Zip Code	Date

Submit This Affidavit with Bid/Proposal

D-1B WAIVER GUIDANCE

GUIDANCE FOR DOCUMENTING GOOD FAITH EFFORTS TO MEET MBE PARTICIPATION GOALS

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 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 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 the 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 Offeror has made. The efforts employed by the Offeror should be those that one could reasonably expect the Offeror to take if the 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 Offeror's 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 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 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 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 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 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 firms certified by the Maryland Department of Transportation (“MDOT”) under COMAR 21.11.03. Only MDOT-certified MBE Firms can participate in the State's MBE Program.

II.	Types of Actions Agency will Consider

The Offeror is responsible for making relevant portions of the work available to MBE subcontractors and suppliers and 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 Offeror's Good Faith Efforts when the 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 Proposal Items as Work for MBE Firms

1.	Identified Items of Work in Procurements

(a)	Certain procurements will include a list of 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 Offeror shall make all reasonable efforts to solicit quotes from MBE Firms to perform that work.

(b)	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 Offerors

(a)	When the procurement does not include a list of Identified Items of Work or for additional Identified Items of Work, Offerors should reasonably identify sufficient items of work to be performed by MBE Firms.

(b)	Where appropriate, 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 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 Offeror shall make all reasonable efforts to solicit those MBE firms.

(b)	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 Offerors

(a)	When the procurement does not include a list of Identified MBE Firms, 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 Offeror should be certified to perform the Identified Items of Work.

C.	Solicit MBEs

1.	Solicit all Identified Firms for all Identified Items of Work by providing written notice. The Offeror should:

(a)	provide the written solicitation at least 10 days prior to Proposal opening to allow sufficient time for the MBE Firms to respond;

(b)	send the written solicitation by first-class mail, facsimile, or e-mail using contact information in the MBE Directory, unless the 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 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 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 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-Proposal 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

Offerors must negotiate in good faith with interested MBE Firms.

1.	Evidence of negotiation includes, without limitation, the following:

(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.	The 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 the Offeror's failure to meet the contract MBE goal(s), as long as such costs are reasonable. Factors to take into consideration when determining whether an MBE Firm’s quote is excessive or unreasonable include, without limitation, the following:

(a)	dollar difference between the MBE subcontractor’s quote and the average of the other subcontractors' quotes received by the Offeror;

(b)	percentage difference between the MBE subcontractor’s quote and the average of the other subcontractors' quotes received by the Offeror;

(c)	percentage that the MBE subcontractor’s quote represents of the overall contract amount;

(d)	number of MBE firms that the 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)	number of quotes received by the 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 Offeror may not use its price for self-performing work as a basis for rejecting an MBE Firm's quote as excessive or unreasonable.

6.	The “average of the other subcontractors’ quotes received” by the Offeror refers to the average of the quotes received from all subcontractors. Offeror should attempt to receive quotes from at least three subcontractors, including one quote from an MBE and one quote from a Non-MBE.

7.	The Offeror shall not reject an MBE Firm as unqualified without sound reasons based on a thorough investigation of the firm’s capabilities. For each certified MBE that is rejected as unqualified or that placed a subcontract quotation or offer that the Offeror concludes is not acceptable, the Offeror must provide a written detailed statement listing the reasons for this conclusion. The 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 an 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.

(b)	The MBE Firm’s 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 Proposals 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 Offeror Offeror made reasonable efforts to assist interested MBR Firms in obtaining:

1.	The bonding, lines of credit, or insurance required by the procuring agency or the Offeror; and

2.	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 Proposals or offers and subcontract Proposals 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 the 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 decision-maker also may take into account the performance of other Offerors in meeting the contract. For example, when the apparent successful 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 Offeror could have met the goal. If the apparent successful Offeror fails to meet the goal, but meets or exceeds the average MBE participation obtained by other Offerors, this, when viewed in conjunction with other factors, could be evidence of the apparent successful Offeror having made Good Faith Efforts.

IV.	Documenting Good Faith Efforts

At a minimum, the 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 Offeror's compliance with the outreach efforts prescribed by COMAR 21.11.03.09C(2)(a). (Complete Outreach Efforts Compliance Statement - 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, e-mail, telephone, etc.) (Complete Good Faith Efforts Attachment D-1C- Part 2, and submit letters, fax cover sheets, e-mails, etc. documenting solicitations); and

(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 Offeror concludes is not acceptable or qualified, a detailed statement of the reasons for the Offeror’s 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 Offeror concludes has provided an excessive or unreasonable price, a detailed statement of the reasons for the Offeror’s conclusion, including the quotes received from all MBE and Non-MBE firms proposing 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 an MBE Unavailability Certificate (see D-1B - Exhibit A to this Part 1) signed by the MBE contractor or a statement from the 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 Offeror's Good Faith Efforts.

2.	Submit any other documentation the Offeror believes will help the Procurement Officer ascertain its Good Faith Efforts.

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.	<<solicitationNumber>>

in	County by

(Name of Prime Contractor’s Firm)

***********************************************************************************

2.	(Minority Firm), is either unavailable for the work/service or unable to prepare a Proposal for this project for the following reason(s):

*************************************************************************************

(Signature of Minority Firm’s MBE Representative)	(Title)	(Date)
(MDOT Certification #)	(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 Proposal, 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)	(Date)

D-1C
GOOD FAITH EFFORTS DOCUMENTATION TO SUPPORT WAIVER REQUEST

Page __ of ___

Prime Contractor:	Project Description:	PROJECT/CONTRACT
Offeror Company Name, Street Address, Phone	<<projectDescription>>	NUMBER: <<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:
Company Name (please print or type)
By:
Signature of Authorized Representative
Printed Name:
Printed Name
Title:
Title
Date:
Date
Address:
Company Address

GOOD FAITH EFFORTS DOCUMENTATION TO SUPPORT WAIVER REQUEST

Part 1 – Identified items of work Offeror made available to MBE firms

Page __ of ___

Prime Contractor:	Project Description:	PROJECT/CONTRACT
Offeror Company Name, Street Address, Phone	<<projectDescription>>	NUMBER: <<Solicitation Number>>

Identify those items of work that the Offeror made available to MBE Firms. This includes, where appropriate, those items the 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 Offeror’s 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 Proposal items identified during the goal setting process as possible items of work for performance by MBE Firms, the Offeror should make all of those items of work available to MBE Firms or explain why that item was not made available. If the 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 Offeror normally self-perform this work?	Was this work made available to MBE Firms? If no, explain why not.
□ 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

Please check if Additional Sheets are attached.

GOOD FAITH EFFORTS DOCUMENTATION TO SUPPORT WAIVER REQUEST

Part 2 – identified MBE firms and record of solicitations

Page __ of ___

Prime Contractor:	Project Description:	PROJECT/CONTRACT
Offeror Company Name, Street Address, Phone	<<projectDescription>>	NUMBER: <<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 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 Offeror should solicit all of those MBE Firms or explain why a specific MBE was not solicited. If the 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 Offeror that the MBE contractor refused to sign the Minority Contractor Unavailability Certificate (Attachment D-1B - Exhibit A). If the Offeror used a Non-MBE or is self-performing the identified items of work, Part 4 must be completed.

Name of Identified MBE Firm & MBE Classification	Describe Item of Work Solicited	Initial Solicitation Date & Method	Follow-up Solicitation Date & Method	Details for Follow-up Calls	Quote Rec’d	Quote Used	Reason Quote Rejected
Firm Name: MBE Classification (Check only if requesting waiver of MBE subgoal.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification ______________________	Date: □ Mail □ Facsimile □ E-mail	Date: □ Phone □ Mail □ Facsimile □ E-mail	Time of Call: Spoke with: _________ □ Left Message	□ Yes □ No	□ Yes □ No	□ Used Other MBE □ Used Non-MBE □ Self-performing
Firm Name: MBE Classification (Check only if requesting waiver of MBE subgoal.) African American-Owned Hispanic American- Owned Asian American-Owned Women-Owned Other MBE Classification ______________________	Date: □ Mail □ Facsimile □ E-mail	Date: □ Phone □ Mail □ Facsimile □ E-mail	Time of Call: Spoke with: _________ □ Left Message	□ Yes □ No	□ Yes □ No	□ Used Other MBE □ Used Non-MBE □ Self-performing

Please check if Additional Sheets are attached.

GOOD FAITH EFFORTS DOCUMENTATION TO SUPPORT WAIVER REQUEST

Part 3 – additional information regarding rejected MBE quotes

Page __ of ___

Prime Contractor:	Project Description:	PROJECT/CONTRACT
Offeror Company Name, Street Address, Phone	<<projectDescription>>	NUMBER: <<Solicitation Number>>

This form must be completed if Part 1 indicates that an MBE quote was rejected because the 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 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	Indicate Reason Why MBE Quote Rejected & Briefly Explain
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other
□ Self-performing □ Using Non-MBE ______________	$_______	________________ □ MBE □ Non-MBE	$_______	□ Price □ Capabilities □ Other

Please check if Additional Sheets are attached.

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 Proposal submitted in response to Solicitation No. <<solicitationNumber>>, I state the following:

1.	Offeror identified subcontracting opportunities in these specific work categories:

2.	Attached to this form are copies of written solicitations (with Proposal instructions) used to solicit certified MBE firms for these subcontract opportunities.

3.	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.

□	Offeror assisted MDOT-certified MBE firms to fulfill or seek waiver of bonding requirements. (DESCRIBE EFFORTS):

5.	Please Check One:

Offeror did attend the pre-Proposal conference.
No pre -Proposal meeting/conference was held.
Offeror did not attend the pre-Proposal conference.

PLEASE PRINT OR TYPE

Company:
Company Name (please print or type)
By:
Signature of Authorized Representative
Printed Name:
Printed Name
Title:
Title
Date:
Date
Address:
Company Address

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 Offeror fails to return this affidavit within the required time, the Procurement Officer may determine that Proposal is not susceptible of being selected for Contract award.

Provided that ___________________ (Prime Contractor’s Name) is awarded the State contract in conjunction with Solicitation No. <<solicitationNumber>>, such Prime Contractor intends to enter into a subcontract with ____________________(Subcontractor’s 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 goods and 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 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 Proposal;

(2)	fail to notify the certified Minority Business Enterprise before execution of the Contract of its inclusion of the 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 Proposal.

Prime Contractor	Subcontractor
Company:	Company:
Company Name (please print or type)	Company Name (please print or type)
FEIN:	FEIN:
Federal Identification Number	Federal Identification Number
Phone Number:	Phone Number:
Phone Number	Phone Number
By:	By:
Signature of Authorized Representative	Signature of Authorized Representative
Date:	Date:
Date	Date
Printed Name:	Printed Name:
Printed Name	Printed Name
Title:	Title:
Printed Title	Title
Address:	Address:
Company Address	Address

D-3B
MBE PRIME PROJECT PARTICIPATION CERTIFICATION

Please complete and submit this form to attest to 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 Offeror fails to return this affidavit within the required time, the Procurement Officer may determine that Proposal is not susceptible of being selected for Contract award.

Provided that ___________________ (Prime Contractor’s 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 goods and 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

Company:
Company Name (please print or type)
FEIN:
Federal Identification Number
Address:
Company Address
Phone:
Phone
Printed Name:
Printed Name
Title:
Title
By:
Signature of Authorized Representative
Date:
Date

D-4A
Minority Business Enterprise Participation
MBE Prime Contractor Paid/Unpaid Invoice Report

Report #:	Contract #: <<solicitationNumber>>
Reporting Period (Month/Year):	Contracting Unit: <<issuingAgencyName>>
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 Amount:
MBE Subcontract Amt:
Project Begin Date:
Project End Date:
Services Provided:

Prime Contractor:	Contact Person:
Address:
City:	State:	ZIP:
Phone:	FAX:	E-mail:
MBE Subcontractor Name:	Contact Person:
Phone:	FAX:	E-mail:
Subcontractor Services Provided:
List all payments made to MBE subcontractor named above during this reporting period:	List dates and amounts of any outstanding invoices:
Invoice #	Amount	Invoice #	Amount
1.	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 Attachment D-4A forms. 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):

<<contractMonitorName>>	<<issuingAgencyName>>
Contract Monitor	Contracting Unit
<<contractManagerAddress>>
Address	City, State Zip
<<contractManageremail>>	<<contractManagerPhoneNumber>>
Email	Phone Number
Signature (Required)	Date

D-4B
Minority Business Enterprise Participation
MBE Prime Contractor Report

MBE Prime Contractor:	Contract #:
Certification Number:	Contracting Unit: <<issuingAgencyName>>
Report #:	Contract Amount:
Reporting Period (Month/Year):	Total Value of the Work to the Self-Performed for purposes of Meeting the MBE participation goal/subgoals:
MBE 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
Project Begin Date:
Project End Date:

Contact Person:
Address:
City:	State:	ZIP:
Phone:	FAX:	E-mail:

Invoice Number	Value of the Work	NAICS Code	Description of Specific Products and/or Services

Return one copy (hard or electronic) of this form to the following addresses (electronic copy with signature and date is preferred):

<<contractMonitorName>>	<<issuingAgencyName>>
Contract Monitor	Contracting Unit
<<contractManagerAddress>>
Address	City, State Zip
<<contractManageremail>>	<<contractManagerPhoneNumber>>
Email	Phone Number
Signature (Required)	Date

D-5
Minority Business Enterprise Participation
MBE Subcontractor Paid/Unpaid Invoice Report

Report #:	Contract #: <<solicitationNumber>>
Reporting Period (Month/Year):	Contracting Unit: <<issuingAgencyName>>
Report is due by the 10th of the month following the month the services were performed.	MBE Subcontract Amt:
Project Begin Date:
Project End Date:
Services Provided:

MBE Subcontractor Name:
MDOT Certification #:
Contact Person:
Address:
City:	State:	ZIP:
Phone:	FAX:	E-mail:
Subcontractor Services Provided:
List all payments received from Prime Contractor during reporting period indicated above.	List dates and amounts of any unpaid invoices over 30 days old.
Invoice Amount	Date	Invoice Amount	Date
1.	1.
2.	2.
3.	3.
4.	4.
Total Dollars Paid: $	Total Dollars Unpaid: $
Prime Contractor:	Contract Person:

Return one copy of this form to the following addresses (electronic copy with signature and date is preferred):

<<contractMonitorName>>	<<issuingAgencyName>>
Contract Monitor	Contracting Unit
<<contractManagerAddress>>
Address	City, State Zip
<<contractManageremail>>	<<contractManagerPhoneNumber>>
Email	Phone Number
Signature (Required)	Date

ATTACHMENT E- Labor Classification Personnel Resume Summary

INSTRUCTIONS:

Master Contractors must comply with all personnel requirements under the C&W Materials & Services Master Contract RFP #060B6400046.

Only labor categories proposed in the Master Contractor’s Technical Proposal for the C&W Materials & Services Master Contract may be proposed under the TORFP process.

For each person proposed in any of the labor categories, complete one Labor Category Personnel Resume Summary to document how the proposed person meets each of the minimum requirements for that labor category.

Each form also includes examples of duties to perform. The proposed person must be able to fulfill those duties.

For each subject matter expert, the State will identify the particular area of expertise and the Master Contractor shall provide proof the individual has qualifications within that area of expertise.

Additional information may be attached to each Labor Category Personnel Resume Summary that may assist a full and complete understanding of the individual being proposed.

ATTACHMENT E RESUME FORM ToRFP # <<solicitationNumber>> Instructions: Enter resume information in the fields below; do not submit other resume formats. Submit one resume for each proposed resource Candidate Name: Master Contractor: Education / Training Institution Name / City / State Degree / Certification Year Completed Field Of Study <add lines as needed> Relevant Work Experience Describe work experience relevant to the Duties / Responsibilities and Minimum Qualifications described in Section 2 of the TORFP. Starts with the most recent experience first; do not include non-relevant experience. [Organization] [Title / Role] [Period of Employment / Work] [Location] [Contact Person (Optional if current employer)] Description of Work… [Organization] [Title / Role] [Period of Employment / Work] [Location] [Contact Person] Description of Work… <add lines as needed> Employment History List employment history, starting with the most recent employment first Start and End Dates Job Title or Position Organization Name Reason for Leaving <add lines as needed> References List persons the State may contact as employment references Reference Name Job Title or Position Organization Name Telephone / Email <add lines as needed> <add lines as needed> *“Candidate Relevant Experience” section must be filled out. Do not enter “see resume” as a response. Proposed Individual’s Name/Company Name: How does the proposed individual meet each requirement? Project Manager Requirement (See C&W RFP Section 3.7 and TORFP) Candidate Relevant Experience * Education: : Education: General Experience: General Experience: Specialized Experience: Specialized Experience: The information provided on this form for this labor category is true and correct to the best of my knowledge: Master Contractor Representative: ______________________________ _______________________________ _______________ Print Name Signature Date Proposed Individual: __________________________________ _______________ Signature Date

ATTACHMENT F- NON-DISCLOSURE AGREEMENT (Offeror)

Not Required for This TORFP. [[Contact DoIT if this is needed for your TORFP]]

ATTACHMENT G- NON-DISCLOSURE AGREEMENT (TO CONTRACTOR)

Not Required for This TORFP. [[Contact DoIT if this is needed for your TORFP]]

ATTACHMENT H- AGENCY RECEIPT OF DELIVERABLE FORM

Not Applicable for This TORFP. [[Contact DoIT if this is needed for your TORFP]]

ATTACHMENT I- AGENCY ACCEPTANCE OF DELIVERABLE FORM

Not Applicable for This TORFP. [[Contact DoIT if this is needed for your TORFP]]

ATTACHMENT J- NOTICE TO PROCEED

Month Day, Year

TO Contractor Name

TO Contractor Mailing Address

Re: C&W MATERIALS & SERVICES Task Order Agreement # <<solicitationNumber>>

Dear TO Contractor Contact:

This letter is your official Notice to Proceed as of Month Day, Year, for the above-referenced Task Order Agreement. <<contractManagerName>> will serve as the TO Manager and your contact person on this Task Order. He / She can be reached at telephone _____________.

Enclosed is an original, fully executed Task Order Agreement and purchase order.

Sincerely,

<<procurementOfficerName>>

Task Order Procurement Officer

Enclosures (2)

cc:	<<contractManagerName>>

IT Procurement Office, Department of Information Technology

ATTACHMENT K- DIRECTIONS

TO THE PRE-TO PROPOSAL CONFERENCE/ONSITE Walk-through

[[If a Pre-Proposal Conference will not be held, delete the content under this heading leaving only the following sentence for this section and delete the rest: ]]

A TO Pre-Proposal Conference will not be held.

[[If a Pre-Proposal Conference will be held, tailor the following language: ]]

Solicitation Number <<solicitationNumber>>

<<solicitationTitle>>

A TO Pre-proposal conference will be held on <<preProposalDate>>, at <<preProposalLocation>>.

Please return this form by <<preProposalFormDue>>, advising whether or not you plan to attend. The completed form should be returned via e-mail or fax to the TO Procurement Officer at the contact information below:

<<procurementOfficerName>>

<<ISSUINGAGENCYACRONYM>>

E-mail: <<procurementOfficerEmail>>

Fax #: <<procurementOfficerFax>>

Please indicate:

Yes, the following representatives will be in attendance.
Attendees (Check the TORFP for limits to the number of attendees allowed): 1. 2. 3.
No, we will not be in attendance.

Please specify whether any reasonable accommodations are requested (see TORFP § 1.8“TO Pre-proposal conference”):
Offeror:
Offeror Name (please print or type)
By:
Signature/Seal
Printed Name:
Printed Name
Title:
Title
Date:
Date

Directions to the TO Pre-Proposal Conference

<<preProposalDirections>>

ATTACHMENT L- RESERVED

ATTACHMENT M - PROPOSAL BOND

[[delete attachment and its heading if not applicable]]

Bond No. _________

KNOW ALL MEN BY THESE PRESENTS, that we, ____________________________

(Master Contractor)

as Principal, hereinafter called the Principal, and

(Bonding Company)

a corporation duly organized under the laws of the state of , as Surety, hereinafter called the Surety, are held and firmly bond unto the State of Maryland, hereinafter called "State" for the sum of (SHALL BE 5% OF THE TOTAL PROPOSED PRICE), for the payment of which sum, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a proposal for: <<solicitationNumber>>

NOW, THEREFORE, if the Principal, upon acceptance by the State of its proposal identified above, within the period specified herein for acceptance for one hundred-eighty (180) days, shall execute such further contractual documents, if any, and give such bond(s) as may be required by the terms of the proposal as accepted within the time specified ten (10) days if no period is specified) after receipt of the forms, or in the event of failure so to execute such further contractual documents and give such bonds, if the Principal shall pay the State the difference not to exceed the penalty hereof between the amount specified in Principal’s proposal and such larger amount for which the State may in good faith contract with another party to perform the work covered by said proposal then the obligation shall be void and of no effect.

The Surety executing this instrument hereby agrees that its obligation shall not be impaired by any extension(s) of the time for acceptance of the proposal that the Principal may grant to the State, notice of which extension(s) to the Surety being hereby waived; provided that such waiver of notice shall apply only with respect to extensions aggregating not more than ninety (90) calendar days in addition to the period originally allowed for acceptance of the proposal.

In Presence of:

Individual Principal

Witness: __________________________________ as to

_____________________________________(SEAL)

In Presence of:

Co-Partnership Principal

Witness: ______________________________________

_____________________________________(SEAL)

(Name of Co-Partnership)

__________________________________ as to

By:__________________________________(SEAL)

__________________________________ as to

_____________________________________(SEAL)

__________________________________ as to

_____________________________________(SEAL)

Corporate Principal

______________________________________

Attest:

(Name of Corporation)

AFFIX

__________________________________ as to

By: _____________________________ CORPORATE

Corporate Secretary

President SEAL

______________________________________

(Individual or Corporate Surety)

Attest: (SEAL)

By: _____________________________ SEAL

______________________________________

Title ______________________________________

Signature

Bonding Agent's Name: ____________________

______________________________________

(Business Address of Surety)

Agent's Address __________________________

Approved as to legal form and sufficiency this

______ day of _____________ 20 __

______________________________________

Asst. Attorney General

ATTACHMENT N - PERFORMANCE BOND

[[delete attachment and its heading if not applicable]]

Principal	Business Address of Principal
Surety	Obligee
a corporation of the State of _____________________	STATE OF MARYLAND
and authorized to do business in the State of Maryland
By and through the following Administration: Department of Information Technology
Penal Sum of Bond (express in words and figures) _________________________________________	Date of Contract _____________________, 20_____
Description of Contract: Cable & Wiring TORFP - <<solicitationTitle>> Contract Number: -<<solicitationNumber>>	Date Bond Executed _____________________, 20_____

KNOW ALL MEN BY THESE PRESENTS, That we, the Principal named above and Surety named above, are held and firmly bound unto the Obligee named above in the Penal Sum of this Performance Bond stated above, for the payment of which Penal Sum we bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns, jointly and severally, firmly by these presents. However, where Surety is composed of corporations acting as co-sureties, we the co-sureties, bind ourselves, our successors and assigns, in such Penal Sum jointly and severally as well as severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each co-surety binds itself, jointly and severally with the Principal, for the payment of such sum as appears above its name below, but if no limit of liability is indicated, the limit of such liability shall be the full amount of the Penal Sum.

WHEREAS, Principal has entered into or will enter into a contract with the State of Maryland, by and through the Administration named above acting for the State of Maryland, which contract is described and dated as shown above, and incorporated herein by reference. The contract and all items incorporated into the contract, together with any and all changes, extensions of time, alterations, modifications, or additions to the contract or to the work to be performed thereunder or to the Plans, Specifications, and Special Provisions, or any of them, or to any other items incorporated into the contract shall hereinafter be referred as "the Contract."

WHEREAS, it is one of the conditions precedent to the final award of the Contract that these presents be executed.

NOW, THEREFORE, during the original term of said Contract, during any extensions thereto that may be granted by the Administration, and during the guarantee and warranty period, if any, required under the Contract, unless otherwise stated therein, this Performance Bond shall remain in full force and effect unless and until the following terms and conditions are met:

1. Principal shall well and truly perform the Contract; and

2. Principal and Surety shall comply with the terms and conditions in this Performance Bond.

Whenever Principal shall be declared by the Administration to be in default under the Contract, the Surety may, within 15 days after notice of default from the Administration, notify the Administration of its election to either promptly proceed to remedy the default or promptly proceed to complete the contract in accordance with and subject to its terms and conditions. In the event the Surety does not elect to exercise either of the above stated options, then the Administration thereupon shall have the remaining contract work completed, Surety to remain liable hereunder for all expenses of completion up to but not exceeding the penal sum stated above.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this Performance Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

This Performance Bond shall be governed by and construed in accordance with the laws of the State of Maryland and any reference herein to Principal or Surety in the singular shall include all entities in the plural who or which are signatories under the Principal or Surety heading below.

IN WITNESS WHEREOF, Principal and Surety have set their hands and seals to this Performance Bond. If any individual is a signatory under the Principal heading below, then each such individual has signed below on his or her own behalf, has set forth below the name of the firm, if any, in whose name he or she is doing business, and has set forth below his or her title as a sole proprietor. If any partnership or joint venture is a signatory under the Principal heading below, then all members of each such partnership or joint venture have signed below, each member has set forth below the name of the partnership or joint venture, and each member has set forth below his or her title as a general partner, limited partner, or member of joint venture, whichever is applicable. If any corporation is a signatory under the Principal or Surety heading below, then each such corporation has caused the following: the corporation's name to be set forth below, a duly authorized representative of the corporation to affix below the corporation's seal and to attach hereto a notarized corporate resolution of power of attorney authorizing such action, and each such duly authorized representative to sign below and set forth below his or her title as a representative of the corporation. If any individual acts as a witness to any signature below, then each such individual has signed below and has set forth below his or her title as a witness. All of the above has been done as of the Date of Bond shown above.

In Presence of:	Individual Principal
Witness: __________________________________ as to	_____________________________________(SEAL)
In Presence of:	Co-Partnership Principal
Witness: ______________________________________	_____________________________________(SEAL)
(Name of Co-Partnership)
__________________________________ as to	By:__________________________________(SEAL)
__________________________________ as to	_____________________________________(SEAL)
__________________________________ as to	_____________________________________(SEAL)
Corporate Principal
______________________________________
Attest:	(Name of Corporation)
AFFIX
__________________________________ as to	By: _____________________________ CORPORATE
Corporate Secretary	President SEAL
______________________________________
(Individual or Corporate Surety)
Attest: (SEAL)	By: _____________________________ SEAL
______________________________________	Title ______________________________________
Signature
Bonding Agent's Name: ____________________	______________________________________
(Business Address of Surety)
Agent's Address __________________________

ATTACHMENT O - PAYMENT BOND

[[delete attachment and its heading if not applicable]]

Principal	Business Address of Principal
Surety	Obligee
a corporation of the State of _____________________	STATE OF MARYLAND
and authorized to do business in the State of Maryland	By and through the following Administration ...Department of Information Technology
Penal Sum of Bond (express in words and figures) $_______________________	Date of Contract _____________________, 20__
Description of Contract: Cable & Wiring TORFP <<solicitationNumber>>-- <<solicitationTitle>> Contract Number: ______________	Date Bond Executed _____________________, 20__

KNOW ALL MEN BY THESE PRESENTS, That we, the Principal named above and Surety named above, being authorized to do business in Maryland, and having business address as shown above, are held and firmly bound unto the Obligee named above, for the use and benefit of claimants as hereinafter defined, in the Penal Sum of this Payment Bond stated above, for the payment of which Penal Sum we bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns, jointly and severally, firmly by these co-sureties, bind ourselves, our successors and assigns, in such Penal Sum jointly and severally as well as severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each co-surety binds itself, jointly and severally with the Principal, for the payment of such sum as appears above its name below, but if no limit of liability is indicated, the limit of such liability shall be the full amount of the Penal Sum.

WHEREAS, Principal has entered into or will enter into a contract with the State, by and through the Administration named above acting for the State of Maryland, which contract is described and dated as shown above, and incorporated herein by reference. The contract and all items incorporated into the contract, together with any and all changes, extensions of time, alterations, modifications, or additions to the contract or to the work to be performed thereunder or to the Plans, Specifications, and Special Provisions, or any of them, or to any other items incorporated into the contract shall hereinafter be referred to as the "Contract".

WHEREAS, it is one of the conditions precedent to the final award of the Contract that these presents be executed.

NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and materials furnished, supplied and reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the following conditions:

1. A claimant is defined to be any and all of those persons supplying labor and materials (including lessors of the equipment to the extent of the fair market value thereof) to the Principal or its subcontractors and subcontractors in the prosecution of the work provided for in the Contract, entitled to the protection provided by Section 9-113 of the Real Property Article of the Annotated Code of Maryland, as from time to time amended.

2. The above named Principal and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been in full may, pursuant to and when in compliance with the provisions of the aforesaid Section 9-113, sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this Payment Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.

This Payment Bond shall be governed by and construed in accordance with the laws of the State of Maryland and any reference herein to Principal or Surety in the singular shall include all entities in the plural who or which are signatories under the Principal or Surety heading below.

IN WITNESS WHEREOF, Principal and Surety have set their hands and seals to this Payment Bond. If any individual is a signatory under the Principal heading below, then each such individual has signed below on his or her own behalf, has set forth below the name of the firm, if any, in whose name he or she is doing business, and has set forth below his or her title as a sole proprietor. If any partnership or joint venture is a signatory under the Principal heading below, then all members of each such partnership or joint venture have signed below, each member has set forth below the name of the partnership or joint venture, and each member has set forth below his or her title as a general partner, limited partner, or member of joint venture, whichever is applicable. If any corporation is a signatory under the Principal or Surety heading below, then each such corporation has caused the following: the corporation's name to be set forth below, a duly authorized representative of the corporation to affix below the corporation's seal and to attach hereto a notarized corporate resolution of power of attorney authorizing such action, and each such duly authorized representative to sign below and set forth below his or her title as a representative of the corporation. If any individual acts as a witness to any signature below, then each such individual has signed below and has set forth below his or her title as a witness. All of the above has been done as of the Date of Bond shown above.

In Presence of:	Individual Principal
Witness: __________________________________ as to	_____________________________________(SEAL)
In Presence of:	Co-Partnership Principal
Witness:	_____________________________________(SEAL)
(Name of Co-Partnership)
__________________________________ as to	By:__________________________________(SEAL)
__________________________________ as to	_____________________________________(SEAL)
__________________________________ as to	_____________________________________(SEAL)
Corporate Principal
______________________________________
Attest:	(Name of Corporation)
AFFIX
__________________________________	By: _____________________________ CORPORATE
Corporate Secretary	President SEAL
______________________________________
(Surety)
AFFIX
Attest: (SEAL)	By: _____________________________ CORPORATE
SEAL
______________________________________	Title ______________________________________
Signature
Bonding Agent's Name: ____________________	______________________________________
(Business Address of Surety)
Agent's Address __________________________

ATTACHMENT P – CONSTRUCTION MATERIAL SPECIFICATIONS

[[delete attachment and its heading if not applicable]]

Fiber Optic Cable:

12 count single mode fiber optic cable.

i.	OFS or Sumitomo Accuflex Plus Round Ribbon rated ribbon cable, 12 count Single-mode fiber

24 count single mode fiber optic cable.

i.	OFS or Sumitomo Accuflex Plus Round Ribbon rated ribbon cable, 24 count Single-mode fiber

48 count single mode fiber optic cable.

i.	OFS or Sumitomo Accuflex Plus Round Ribbon rated ribbon cable, 48 count Single-mode fiber

96 count single mode fiber optic cable.

i.	OFS or Sumitomo Accuflex Plus Round Ribbon rated ribbon cable, 96 count Single-mode fiber

2” Conduit:

HDPE Rolled Duct. SDR-11, smooth inner wall, smooth outer wall,

2-inch (2”), Dura Line or approved equivalent.

1 ½” Plenum Rated Innderduct

Anixter Part Number 189547 or approved equivalent.

Mule Tape

Flat, woven, polyester tape with sequential footage markings.1250lb.pulling strength, Neptco WP1250P or approved equivalent.

Tracer Wire:

Locatable Wire, #14 AWG black PVC coated tracer wire. Cerrowire THHN-14-BLK-19STRCU-2500 S/R or approved equivalent.

Grounding Hardware:

4Rod, 10 mil copper-clad steel, 5/8” diameter, 8’ length, Southern Grounding C58813, or Erico 615880 or approved equivalent.

Ground Rod Clamp, 5/8”, high strength bronze alloy, corrosion resistant, accommodates #12 – 1/0 AWG, suitable for direct burial. Electric Motion EM2DB-01 or approved equivalent.

Aerial Strand:

¼-inch (6.6M) EHS galvanized steel strand, Bekaert, P/N 118994 or approved equivalent.

Lashing Wire:

Lashing Wire, stainless steel 316, 0.045-inch diameter, GMP, P/N 71534 or approved equivalent.

Fiber Optic Cable Storage Snow Shoes:

Fiber optic cable storage snow shoes, 32.6”x19.8”x1.75”, Optiloop FOS-5 or approved

equivalent.

No Wrench Screw Anchors:

No wrench screw anchor, 6-inch helix, ¾-inch x 66-inch shaft, meets the ASTM specification A153, Class C, P/N J6526WCA, Joslyn or approved equivalent.

Flanged Galvanized Riser Guard:

Flanged galvanized riser guard, 3-inch with inside clearance of 2-7/8”, 9ft. section, P/NC2030034 or approved equivalent.

ATTACHMENT Q - DRAWINGS & ADDITIONAL INSTRUCTIONS

[[delete attachment and its heading if not applicable]]

<<Drawings are uploaded on DoIT’s secure FTP site; https://sftp.dbm.state.md.us/ >>

ATTACHMENT R- MILESTONE ACCEPTANCE FORM

[[delete attachment and its heading if not applicable. Otherwise, tailor as appropriate for this TORFP]]

DATE:

TORFP #:	<<solicitationNumber>>

TORFP NAME: <<solicitationTitle>>

Description	Quantity [A]	TO Unit Price [B]	Extended Price [A]x[B]
2.6.2.1 Construction	1 Job	$	$
2.6.2.2 As-built drawing package	1 Package	$	$
2.6.2.3 OTDR Testing of fibers	18 Fibers	$	$
2.6.2.4 OTDR fiber testing package	1 Package	$	$
Total Requested Payment-	$

TO Contractor Authorized Name:

TO Contractor Authorized Signature:

_______________________________________

TO Manager/Designee:

TO Manager/Designee Signature

_______________________________________

ATTACHMENT S - 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 Bid/proposals 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, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “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 four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under Title 19 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 bid/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.

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 veteran-owned 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 21.11.13; 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 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

____________________________________________________________

____________________________________________________________

D.	AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has:

(1)	Been convicted under state or federal statute of:

(a)	A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or

(b)	Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2)	Been convicted of any criminal violation of a state or federal antitrust statute;

(3)	Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 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;

(9)	Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code:

(a)	§7201, Attempt to Evade or Defeat Tax;

(b)	§7203, Willful Failure to File Return, Supply Information, or Pay Tax,

(c)	§7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information;

(d)	§7206, Fraud and False Statements, or

(e)	§7207 Fraudulent Returns, Statements, or Other Documents;

(10)	Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States;

(11)	Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland;

(12)	Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:

(a)	A court:

(i)	Made the finding; and

(ii)	Decision became final; or

(b)	The finding was:

(i)	Made in a contested case under the Maryland Administrative Procedure act; and

(ii)	Not overturned on judicial review;

(13)	Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if:

(a)	A court:

(i)	Made the finding; and

(ii)	Decision became final; or

(b)	The finding was:

(i)	Made in a contested case under the Maryland Administrative Procedure act; and

(ii)	Not overturned on judicial review;

(14)	Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if:

(a)	A court:

(i)	Made the finding; and

(ii)	Decision became final; or

(b)	The finding was:

(i)	Made in a contested case under the Maryland Administrative Procedure act; and

(ii)	Not overturned on judicial review; or

(15)	Admitted in writing or under oath, during the course of an 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)—(14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

____________________________________________________________

____________________________________________________________

E.	AFFIRMATION REGARDING DEBARMENT

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person’s involvement in any activity that formed the grounds of the debarment or suspension).

____________________________________________________________

____________________________________________________________

F.	AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

I FURTHER AFFIRM THAT:

(1)	The business was not established and 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

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

H.	AFFIRMATION REGARDING COLLUSION

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business has:

(1)	Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying Bid/proposal that is being submitted; or

(2)	In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/proposal price of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying Bid/proposal is submitted.

I.	CERTIFICATION OF TAX PAYMENT

I FURTHER AFFIRM THAT:

Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, State Department of Assessments and Taxation, and Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J.	CONTINGENT FEES

I FURTHER AFFIRM THAT:

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)

I FURTHER AFFIRM THAT:

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.	PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL

I FURTHER AFFIRM THAT:

In preparing its bid/proposal on this project, the Bidder/Offeror has considered all bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The Bidder/Offeror also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bid/proposals for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the bid/proposal.

N.	I FURTHER AFFIRM THAT:

Any claims of environmental attributes made relating to a product or service included in the bid or bid/proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims as provided in 16 C.F.R. §260, that apply to claims about the environmental attributes of a product, package or service in connection with the marketing, offering for sale, or sale of such item or service.

O.	ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (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:
Signature of Authorized Representative and Affiant
Printed Name:
Printed Name of Authorized Representative and Affiant
Title:
Title
Date:
Date